HomeMy WebLinkAboutO-10863S
J-91-143
3/28/91
ORDINANCE NO. 10863
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
CLARIFYING CROSS REFERENCING; BY AMENDING:
SECTION 100, TO CORRECT LANGUAGE AND A
TYPOGRAPHICAL ERROR; SECTION 400, TO DELETE
"SD-19", "HC-1" AND "HC-2" ZONING DESIGNATIONS
AND DELETE SUBSECTION 400.2; SECTION 401, TO
CHANGE THE PROHIBITION AGAINST "HOUSEBOATS" TO
"HOUSEBARGES," TO CLARIFY CITY COMMISSION INTENT,
TO ESTABLISH DENSITY CAPS AND CLARIFY USES;
ARTICLE 5, TO CLARIFY LANGUAGE; ARTICLE 6, SD
SPECIAL DISTRICTS, SECTIONS 601 THRU 619, TO
CLARIFY LANGUAGE AND LIMITATIONS;
SUBSECTION 903.2.2., TO SIMPLIFY REQUIREMENTS,
SUBSECTION 903.5., TO CLARIFY LANGUAGE;
SECTION 904 AND SUBSECTIONS 904.1 AND 904.2, TO
CLARIFY LANGUAGE FOR DETERMINATIONS,
SUBSECTION 905.1.1, TO REQUIRE A CLASS I SPECIAL
PERMIT FOR EMERGENCY VEHICLE ACCESS,
SUBSECTION 905.2, TO CLARIFY LANGUAGE REGARDING
ZONING DISTRICT BOUNDARIES, SUBSECTION 906.5, TO
SIMPLIFY HOME OCCUPATION LANGUAGE,
SUBSECTION 906.6, TO REQUIRE A CLASS I SPECIAL
PERMIT FOR ACCESSORY PERMANENT ACTIVE
RECREATIONAL FACILITIES; SUBSECTION 907.9, TO
CLARIFY THE BUILDABLE AREA AND LIMITATIONS ON
OCCUPANCY; SUBSECTION 907.10, TO CLARIFY SECTION
NUMBER AND CORRECT A TYPOGRAPHICAL ERROR; AND
SUBSECTION 908.10.2, TO CLARIFY MINIMUM LANDSCAPE
REQUIREMENTS; SECTION 909, TO CLARIFY MINIMUM
DWELLING UNIT SIZE; SECTION 917, TO CLARIFY
LANGUAGE AND REDUCE PARKING REQUIREMENTS;
SECTION 918, TO CLARIFY MAXIMUM DISTANCE
LIMITATIONS AND PROVIDE FOR CITY COMMISSION
APPROVAL; SUBSECTION 922.2, TO CLARIFY PARKING
STANDARDS; SUBSECTION 922.7, TO ALLOW OPEN SPACE
IN LIEU OF DEFERRED LOADING SPACES;
SUBSECTION 931.2, TO REQUIRE CITY COMMISSION
APPROVAL OF RESERVOIR SPACES FOR FINANCIAL
INSTITUTIONS; DELETING ARTICLE 10 AND ARTICLE 11,
TO CLARIFY LANGUAGE, AND ADD PROCEDURE FOR
AMENDING DEVELOPMENT PERMITS APPROVED UNDER PRIOR
ZONING ORDINANCES; ARTICLE 13, TO ADD SUFFICIENCY
LANGUAGE; ARTICLE 15, TO PROVIDE FOR COORDINATION
OF PERMITS; ARTICLE 17, TO CLARIFY THRESHOLD
CRITERIA; SECTION 2105, BY TRANSFERRING
PROVISIONS, AND CLARIFYING PROVISIONS REGARDING
PRIOR AGREEMENTS, PRIOR ZONING ORDINANCE AND TIME
LIMITATIONS; SECTIONS 2103 AND 2107, TO CLARIFY
LANGUAGE; SUBSECTION 2208.2, TO REMOVE CERTAIN
PLANNING ADVISORY BOARD TIME LIMITATIONS;
SUBSECTIONS 2215.2 AND 2215.3, TO CORRECT
SCRIVENER'S ERRORS; ARTICLE 24, TO CORRECT
REFERENCES; AND SECTION 2502, TO ADD, DELETE AND
MODIFY DEFINITIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 6, 1991, Item No. 4, following an advertised public
hearing, adopted Resolution No. PAB 10-91, by a 4, to._.Q vo.te,,..
^,TfACHMEN'TS)
CONTAINED 1 108613
RECOMMENDING APPROVAL of amending the text of Zoning Ordinance
No• 11000 as hereinafter set forth in Attachment "A", but with
the following modifications:
a) delete proposed revision to section 605.4.3.,
paragraph 1, which would prohibit entrances or
exits from financial institutions' drive -through
facilities located on major streets;
b) amend section 1706 to substitute Planning Advisory
Board action as the prevailing recommendation in
instances where the City Commission does not take
action on applications for changes to an existing
major use special permit after two (2) regular
meetings;
c) Floor Area Ratio may be increased only for
non-residential; and
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. Ordinance No. 11000, the Zoning Ordinance of the
City of Miami, Florida, as amended, is hereby amended as shown on
Attachment "A".
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 28th day of
February , 1991.
-2-
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of March , 1991.
XAVIER L6,POAREZ, MAYOR
ATT
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
C.
L %.,MAXWELpCEFSIST T CITY ATTORNEY
APPROVED AS TO FORM ANQ
RECTNESAfN
U\
���lll
JO E L. FERN DEZ
CI ATTORNEY
JEM/db/M769
-3-
1086
ARTICLE 1. INTRODUCTION
Sec. 100. Repeal of Ordinance No. 9500, as amended.
Ordinance No. 9500 of the City of Miami, Florida, and adopted September 23, 1982, all
amendments to Ordinance No. 9500 adopted subsequent thereto, are hereby repealed; and the
following zoning ordinance (the "Zoning Ordinance" or the "zoning ordinance" or "this ordinance")
is substituted therefor, except as provided in section 2105 below.
Sec. 110. Authority.
The action of the City of Miami, Florida, ("the City" or "the city") in repealing
Ordinance No. 9500, as amended, and the adoption in substitution therefor of this zoning
ordinance, is authorized and is taken under:
(1) The Charter of the City, section 3(4), (14) and section 72, and
(2) The Municipal Nome Rule Powers Act of 1973, section 166.011 et seq., Florida
Statutes, as amended.
Sec. 120. Intent and purpose.
This zoning ordinance is adopted as one (1) of the instruments of implementation of the
public purposes and objectives of adopted the Miami Comprehensive Neighborhood Plan, 1989-2000,
(February, 1989), (the "Comprehensive Plan" or the "Neighborhood Plan"). This zoning ordinance
is declared to be in accord with the Miami Comprehensive Plan, as required by the Local
Government Comprehensive Planning and Land Development Regulation Act of 1985, section 163.3161
et seq., Florida Statutes, as amended.
It is the intent and purpose of the Comprehensive Plan and of this zoning ordinance which
aids in implementing it, to promote the public health, safety, morals, convenience, comfort,
amenities, prosperity, and general welfare of the city and to provide a wholesome, serviceable,
and attractive community; to increase the safety and security of home life; to preserve and
create a more favorable environment in which to rear children; to stabilize and enhance property
and civic values; to develop meaningful and productive relationships between the private sector
and city government; to provide for a more uniformly just land use pattern and tax assessment
base; to aid in development and redevelopment of the city; to increase traffic safety and ease
transportation problems; to provide more adequately for vehicular parking, parks, parkways,
recreation, schools, public buildings and facilities, housing, job opportunities, light, air,
water, sewerage, sanitation, and other public requirements; to lessen congestion, disorder, and
danger which often inhere in unplanned and unregulated urban development; to prevent overcrowding
of land and undue concentration of population; to conserve and enhance the natural and man-made
resources of the city; and to provide more reasonable and serviceable means and methods of
protecting and safeguarding the economic and social structure upon which the good of all depends.
To further the objectives of the Comprehensive Plan and the intent and purpose of this
zoning ordinance, the city is divided into districts of such number, shape, characteristics,
area, common unity of purpose, adaptability, or use as will accomplish the objectives of the
Comprehensive Plan and this ordinance.
Sec. 130. Short title.
This zoning ordinance shall be known and cited as the "Zoning Ordinance of the City of
Miami, Florida."
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ARTICLE 2. APPLICATION OF REGULATIONS
j Except as specifically provided in this ordinance:
Sec. 200. Zoning affects all lands, water, structures, uses, and occupancies.
No building, structure, land or water shall hereafter be used or occupied, and no
+` building, structure, or part thereof shall hereafter be erected, constructed, reconstructed,
moved, located, or structurally altered except in conformity with the regulations set out
generally herein, and for the district in which it is located.
Sec. 210. Zoning affects height and bulk of structures, buildings, population density, lot
coverage, yards and other open spaces, offstreet parking and loading, signs, and
other development rights.
In particular, no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, located, moved or structurally altered, in any manner so as:
(a) To exceed the permissible height, bulk, or floor area;
(b) To accommodate or house a greater number of families or other occupants, or to
provide a greater number of dwelling units;
(c) To occupy a greater percentage or portion of lot area;
(d) To provide less lot area per dwelling unit or to occupy a smaller lot;
(e) To provide narrower or smaller yards or other open spaces, or spaces or separations
between buildings or portions thereof;
(f) To provide less offstreet parking or offstreet loading spaces;
(g) To display more signs, signs of greater area, or signs of a different character;
than herein required or limited, or in any other manner contrary to the provisions of this zoning
ordinance.
Sec. 220. Yard, area, open space, offstreet parking or offstreet loading space for one
structure or use not to be used to meet requirements for another.
No part of a yard, area, open space, or offstreet parking or offstreet loading space
required for one (1) structure or use shall be included as meeting requirements for another,
except where specific provision therefor is made in this zoning ordinance.
P;
Sec. 230. Creation of new lots; reduction of lot or yard dimensions below minimum
requirements prohibited.
No new lot shall be created after the effective date of this zoning ordinance or any
amendment hereto except in conformity with the requirements of applicable regulations; and no
yard or lot existing at the time of passage of these regulations shall be reduced in width,
depth, or area by private action below the minimum requirements set forth in this ordinance.
Sec. 240. Erection or maintenance of unauthorized signs prohibited.
No sign shall be maintained, constructed, displayed, illuminated, located, or dimensioned
except in accordance with the provisions of this ordinance.
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ARTICLE 3. OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE OF DISTRICT REGULATIONS
Sec. 300. Official zoning atlas and supplements; adoption.
The city is divided by this zoning ordinance into zoning districts, the boundaries and
designations of which are shown in a series of maps, covering in combination the entire land and
water area of the city, and identified as the Zoning Atlas ("the "Official Zoning Atlas" or the
"official zoning atlas" or "the atlas") of the City. The official zoning atlas, together with
all lawfully adopted explanatory material shown therein, is hereby adopted by reference and
declared to be part of this zoning ordinance.
For the special purposes set out below, where boundaries and designations are not shown
directly on the atlas sheets, they shall be indicated by overlays to such sheets or as separate
maps. Overlays or separate maps shall have the same force and effect as the atlas sheets.
300.1. A#Ving SD 4necial Districts.
Where SD special public interest districts (the "SD" or the "special districts") created
by this zoning ordinance have the effect of supplanting existing districts, regulations, or
procedures or of modifying requirements or portions of districts, the SD boundaries and
designations shall be shown directly on the atlas sheets.
300.2. Inset maps.
Where the scale generally applicable to the atlas sheets or supplemental maps is
inadequate for presentation of details in particular areas, such areas may be cross-referenced on
the atlas sheets or supplemental maps to separate inset maps at appropriate scale.
300.3. Other stgplenents.
Other supplements, in the form of maps, indexes, guides, illustrations, records, reports,
interpretive material and standards may be officially adopted, directly or by reference, to
facilitate administration and public understanding of the official zoning atlas, or of
regulations adopted for the zoning districts or other divisions established thereby.
Sec. 301. District regulations extend to all portions of districts surrounded by boundaries.
Except as otherwise specifically provided, a district symbol or name shown within district
boundaries in the official zoning atlas indicates that district regulations pertaining to the
district extend throughout the whole area surrounded by the boundary line.
Sec. 302.
Rules where district designation is not indicated; corrections.
Except as provided at section 303.2.2, "Exception in cases of apparently unzoned strips,"
the following rules shall apply:
(a) Where *a district designation is not indicated for an area in the official zoning
atlas, the area shall be construed to be zoned as for the most restrictive
adjoining district.
(b) Upon discovery of such omissions, unless research reveals the correct official
status (in which case map corrections and entries related thereto may be made
without action by the City Commission of the City, hereafter referred to as the
"City Commission"), the Zoning Administrator of the City (hereafteh referred to as
the "Zoning Administrator") shall report the need for a corrective amendment to the
Planning Advisory Board of the City (hereafter referred to as the Planning Advisory
Board") which shall initiate the proposed corrective amendment and transmit its
recommendations thereon to the City Commission.
., Sec. 303. Rules where there is uncertainty as to boundaries.
Where uncertainty exists as to location of boundaries of districts, or other areas
delineated for regulatory purposes in the official zoning atlas, the following rules shall apply:
303.1. Boundaries indicated as apprarinntely follcauing the centerlines of streets, alleys,
rigitts-of uny, or easemnts; uariation between actual and mapped location, effect of
uacation on zoning status of property.
W
IN
Boundaries indicated as approximately following the centerlines of streets, alleys,
rights -of -way, or easements shall be construed as following such centerlines as they exist on the
ground (except where variation of actual location from mapped location would change the zoning
status of a lot or parcel, in which case the boundary shall be so interpreted as to avoid such
change). In the event of vacation, the boundary shall be construed as remaining in its location
except where ownership of the vacated property is divided other than at the center, in which case
the boundary shall be construed as moving with the ownership.
3013.2. l xotdaries indicated as c1npraxi7utely follauing boundaries of streets, alleys, other
public or private property lines, rights-of-tcay, or easements.
3013.2.1. General rule. Except as indicated at section 303.2.2, boundaries indicated
as approximately following boundaries of streets, alleys, other public or private
property lines, rights -of -way, or easements shall be construed as following such
boundaries, except where variation of actual location from mapped location would
change the zoning status of a lot or parcel, in which case the boundary shall be so
interpreted as to avoid such change.
303.2.2. Flxception in cases of aplacu•ently wnzoned strips; effect of vacation on zoning
status of property. As an exception to the general rule above, where such boundaries
are adjacent to streets, alleys, rights -of -way, public property, or easements, and
are so located with relation to other opposing boundaries as to leave such streets,
alleys, rights -of -way, public property, or easements without apparent zoning
designation, such boundaries shall be construed as running to the centerlines of the
areas involved. in the event of vacation, the boundary shall be construed as
remaining in such central location, except where ownership of the vacated property is
divided other than at its center, in which case the boundary shall be construed as
moving with the ownership.
303.3. boundaries indicated as approximately follaving city lUnits; changes in city limits.
303.3.1. Generally. Boundaries indicated as approximately following city limits shall
be construed as following such city limits.
3013.3.2. Effect of renwal of areas fron city. Where property previously within the
city is removed from its limits, the zoning boundaries involved shall be construed as
moving to conform with such change in city limits.
303.3.3. Effects of annexations to the city. Where property previously located outside
the city is annexed, zoning boundaries shall not be construed as moving with city limits. .
Applications for required permits may be received and processed in relation to property in
such areas, but no such permit shall be issued until the City Commission shall have taken
action as provided in article 22, "Amendments," to establish the zoning status of such
annexed property, and the permits applied for are found to be in accord with the terms of
such amendment.
303.4. BOwxbr•ies indicated as cwroximttel y follauingmecvn high eater lines or centerlines of
stremv, canals, lobes, bays, or other bodies of uater.
Boundaries indicated as approximately following mean high water lines or centerlines of
streams, canals, lakes, bays, or other bodies
of water shall be construed as following such mean
high water lines or centerlines. In the case of a change in mean high line,
water the boundary
shall be construed as moving with the change, except where such moving would change the zoning
status
of a lot or parcel, in which case the boundary shall be interpreted in such manner as to
avoid such change.
303.5. Boundaries indicated as entering any body of uater.
Boundaries indicated as entering any body of water, but not continuing to intersection
with other zoning boundaries or with the limits
1
of jurisdiction of the city, shall be construed
as extending in the direction in which they enter the body of
water to intersection with other
zoning boundaries or with the limits of city jurisdiction.
303.6. Boundaries indicated as approx#mtely parallel to or extensions of features.
EBoundaries
4
indicated as approximately parallel to or extensions of features described in
sections 303.1 through 303.5, above, shall be
4. .
i-
construed as being parallel to or extensions of
such features.
I; 4 10863
303.7. Distances not specifically indicated.
j Where distances are not specifically indicated on any map in the official zoning atlas,
they shall be determined by reference to the scale of the map.
303.8. &ningBoard action in cases of remining uncertainty, conflicts.
In other circumstances not covered above, or where natural or man-made features existing
are at variance with those shown in the official zoning atlas, or where the atlas is illegible or
unclear, or where interpretations based on the above rules appear to produce contradictions or
conflicts with the intent of the ordinance, or upon request from the Zoning Administrator or from
any affected property owner, or on its own initiative upon determination that inconsistencies or
uncertainties exist, the Zoning Board of the City (hereafter referred to as the "Zoning Board")
shall make a finding and interpretation concerning the boundaries involved in accord with the
intent and purpose of this zoning ordinance. In cases where such finding and interpretation
involves only correction to the official zoning atlas or any official supplement, and does not
change the zoning of any lot, the Zoning Board may direct corrections without proposing an
amendment to the map involved. In cases where the zoning of any lot would be changed by such
correction, the Zoning Board shall initiate a proposed corrective amendment and transmit its
recommendations thereon to the City Commission, in accord with article 12, section 1203 of this
zoning ordinance
Sec. 304. Reserved.
Sec. 305. Schedule of district regulations; adoption.
j A substantial part of the regulations applying in the districts established by this zoning
ordinance have been set out in article 4 identified as the official schedule of —district
i regulations (the "Official Schedule of District Regulations" or the "official schedule of
district" regulations") which, together with all lawfully adopted explanatory material shown
therein, is hereby adopted by reference and declared to be part of this zoning ordinance.
Sec. 306. Official zoning atlas; official schedule of district regulations; authentication
and location.
306.1. Authentication.
306.1.1. Official zoning atlas. Each atlas sheet and each overlay or supplemental
element thereto or otherwise contained in the official zoning atlas shall be
authenticated by the signature of the mayor of the city, attested by the signature of
the city clerk of the city, and bear the seal of the city, under the following words:
"This is to certify that this is (page number, title, or other specific
identification) of the official zoning atlas referred to and adopted by reference by
Ordinance No. 11000 of the City of Miami, Florida, adopted March 8, 1990.11
306.1.2. &served.
306.2. Location of official zoning atlas, official schedule of district regulations.
The official zoning atlas and the official schedule of district regulations shall be
located in the office of the city clerk.
Sec. 307. Official zoning atlas; official schedule of district regulations; amendment;
unauthorized changes prohibited.
3o7.1. .4nnendnen t .
C
f '
The official zoning atlas and official schedule of district regulations are subject to
amendment by ordinance as set out in article 22. In the case of the official zoning atlas, any
�..' proposed amendment shall be identified by reference to the atlas sheet and/or supplement
involved, in addition to legal description or other property identification or such other
.', information as is required to make specific the application of the amendment.
307.2. Fbsting; notice concerning incarplete posting; authentication.
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5
307.2.1. Fbsting required, notice concerning incarplete posting. Amendments to the
official zoning atlas or official schedule of district regulations shall be posted
promptly. Prior to such posting, a certified copy of the amendment involved shall be
physically attached to each atlas sheet, supplement, or schedule sheet to be changed,
prominently marked: AMENDMENT EFFECTIV .
307.2.2. Authenticatirxz; recording of nature and dates of a?1?WnMts. Amendments shal l be
authenticated by entries on atlas sheets, supplements, or text affected, and a record
of the nature and date thereof maintained. Such entries shall indicate the date the
amendment was made, the date the change became effective (if other than the date of
the actual change), the number of the amending ordinance, and an indication of the
nature of the change sufficient to facilitate specific identification.
307.3. Umuthorixed clrcnzges prolzibi ted.
No changes of any nature shall be made in the official zoning atlas, the official schedule
of district regulations, or any matter shown thereon, except in conformity with the requirements
and procedures set forth in this zoning ordinance. Any unauthorized changes of whatever kind by
any person or persons shall be considered a violation of this ordinance and punishable as
provided by this ordinance; provided, this provision shall not be held to foreclose action under
other applicable criminal statutes of the State of Florida against any person or persons alleged
to have made unauthorized changes in this zoning ordinance.
Sec. 308. Official zoning atlas; official schedule of district regulations; final authority.
Regardless of the existence of purported copies of all or part of the official zoning
atlas or all or part of the official schedule of district regulations which may from time to time
be made, published, or reproduced, the official zoning atlas and amendments thereto located in
the office of the city clerk shall be the final authority as to the current zoning status of all
lands and waters in the city, and the official schedule of district regulations shall be the
final authority as to regulations set forth therein as applying to such districts.
Sec. 30.9. Retention of earlier zoning maps or atlases or schedules of district regulations.
At least one (1) copy of all zoning maps or atlases, or schedules of district regulations,
or remaining portions thereof, which have had the force and effect of official zoning maps or
atlases or schedules for the city prior to the effective date of adoption or amendment of this
zoning ordinance shall be retained by the city clerk and preserved as a public record and as�a
guide to the zoning status of lands and waters prior to such dates.
Sec. 310. Replacement of official zoning atlas, official schedule; authentication;
preservation of prior records.
310.1. ftlacemnt of official zoning atlas, official sdwdule of district regulations. .
. At any time the official zoning atlas, or the official schedule of district regulations,
or any portion of either becomes damaged, lost, destroyed, or difficult to interpret by reason of
the. nature or number of changes, the City Commission may by resolution a adopt
zoning atlas, official schedule of district regulations, new official
9 or an p y portion of either, which shall
supersede that previously in effect. The superseding document or documents may correct errors or
omissions in prior versions, but no such correction shall have the effect of amending the
district designation of any property, in the case of the official zoning atlas, or of amending
the regulations relating thereto, in the case of the official schedule of district regulations,
except where such replacement is accompanied by action in the form of an amendment making such
changes.
310.2. Authentication.
310.2.1. 1placenEnts not involving anmdn?nt. Where replacement does not involve
amendment, replacing elements shall individually bear a record of authority for such
replacement indicating the number and date of the resolution, the date of the
replacement, and specific identification of the material replaced, attested to by the
k city clerk.
i .
310.2.2. Replacenents involving amendment. Where replacement is accompanied by
amendment in addition to the entry indicated above, an entry shall be made as
required generally for amendments at section 307.2.2.
6 1063
ARTICLE 4. ZONING DISTRICTS
Sec. 400. Districts listed.
Zoning districts, or classifications, as shown on the official schedule of district
regulations and as delineated on the official zoning atlas, are as follows, with titles and
abbreviations for symbol purposes as indicated:
Symbol Title
CS Conservation
PR Parks and Recreation
R-1 - Single Family Residential
R=2 Two Family Residential
R-3 Multi -Family Medium -Density Residential
R-4 Multi -Family High -Density Residential
0 Office
G/I Government and Institutional
I C-1 Restricted Commercial
�. C-2 Liberal Commercial
CBD
Central Business District
I
Industrial
RT
Fixed -guideway rapid transit development -district
Special Districts
SD-1
Martin Luther King Boulevard commercial district
SD-2
Coconut Grove central commercial district
SD-3
Coconut Grove major streets overlay district
k
SD4
Waterfront industrial district
SD-5
Brickell Avenue area residential -office district
SD-6, 6.1
Central commercial residential districts
SD-7
Central Brickell rapid transit commercial -residential districts
SD-8
Design Plaza commercial -residential district
SD-9
Biscayne Boulevard North overlay district
SD-10
Jackson Memorial Hospital Medical Center overlay district
SD-11
Coconut Grove rapid transit district
SD-12
Buffer overlay district
SD-13
S.W. 27th Avenue gateway district
SD-14, 14.1, 14.2
Latin Quarter commercial -residential, and residential district
7
SD-15 SD-15 River quadrant mixed use district
SO-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential district
SO-17 South Bay Shore Drive overlay district
SD-18 Minimum lot size district
SD-19 Designated F.A.R. overlay district
SD 20 Edgewater overlay district
400.1. Ikfinitions of grotpings of various districts.
Residential Districts:
Where the phrases "all residential districts", "residential districts", "zoned residence"
or "residentially", "residentially zoned", or phraseology of similar intent is used in this
zoning ordinance, the phrases shall be construed to include the following districts:
Symbol Title
R-1 Single Family Residential
R.2 Two Family Residential
R=3- Multi -Family Medium -Density Residential
R-4 Multi -Family High -Density Residential
Office districts:
Where the phrases "office districts", or "office zoned", or phraseology of similar intent
is used in this zoning ordinance, the phrases shall be construed to include the following
districts:
Symbol Title
p Office
SD-5 Brickell Avenue area residential -office district
Commercial districts:
f
Where the phrases "commercial districts", zoned commercial or commercially", "commercially
zoned" or phraseology of similar intent is used in this zoning ordinance, the phrases shall be
construed to include the following districts:
Symbol Title
C-1 Restricted Commercial
i
C-2 Liberal Commercial
CBD Central Business District
SD-1 Martin Luther King Boulevard commercial district
SD-2 Coconut Grove central commercial district
SD-6, 6.1 Central commercial residential districts
1'
8 10863
SD-7
SD-8
SD-14, 14.1, 14.2
SD-16, 16.1, 16.2
Industrial districts:
Central Brickell rapid transit commercial -residential districts
Design Plaza commercial -residential district
Latin Quarter commercial -residential, and residential district
Southeast Overtown-Park West commercial -residential district
Where the phrases "industrial districts," "industrially zoned," "zoned industrial,"
"industrial zoning," or phrases of similar intent are used in this zoning ordinance, the phrases
shall be construed to include the following districts:
Symbol
M
SD-4
Other districts:
Title
Industrial
Waterfront industrial district
Districts not included in the listings of residential, office, commercial, and industrial
districts above, shall not be construed to fall within any of the four (4) classifications unless
regulations for such unclassified districts specifically apply requirements as for classified
districts.
district: '
Sec. 401. Schedule of District Regulations.
Specifically excluded from all districts in the city, are stockyards, slaughterhouses,
wrecking yards, cement plants, paper factories, ammunition plants, fireworks manufacturing,
tMastboats,.house barges, refining, smelting and forging.
Zoning districts, or classifications, as shown on the official schedule of district
regulations and as delineated on the official zoning atlas, are further described as follows:
CS Conservation.
} Intent and.Scalei
The conservation district is restricted to environmentally sensitive areas which are left in an essentially natural state; only activities which rej�f�rce to be
thic character
and are allowed
minimum development is permitted conditionally. Public access to these areas ncluding_q��
street parking may be limited when unregulated access may present a threat to wildlife and plant
life within such designated areas.
Intensity:
One (1) dwelling unit per five (5) acres.
Permitted Principal Uses:
Not applicable.
k Permitted Accessory Uses:
' Not applicable.
9 10863
Conditional Principal Uses:
Single family residential with a maximum intensity of one (1) dwelling unit per five (5)
acres and passive recreational uses upon a finding that there is no negative effect to
the environment by Special Exception only.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional
principal uses and structures only by Special Exception.
Offstreet Parking Requirements:
Offstreet parking required only to the extent that specific findings are made that there
is no negative impact to surrounding areas by Special Exception only.
Sign Regulations:
Only identification and directional signs by Class II Special Permit.
PR Parks, Recreation and Open Space.
Intent and Scale:
The parks, and recreation and open space district reserved only allows for public
-or and private parks, recreational facilities, educational and cultural facilities, marine and
marina facilities, entertainment facilities, social and health related service facilities. public
safety, parkways and scenic corridors and no othe, uses may be pei-missibie within so designate
areas.
Intensity:
To the scale of the population served by the facilities.
Permitted Principal Uses:
Public or private parks, open space and recreational facilities.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures, including specifrcaNq:
..; 1. Living quarters for passengers and crews aboard commercial, official or scientific
E vessels. Otherwise, occupancy of living quarters within the district shall be limited to
watchmen, caretakers or employees whose work requires such quarters on the premises.
I
4,
Conditional Principal Uses:
1. Major structures such as aerformino arts centers, museums, art galleries, and exhibition
space which o. change -Fn the character of an existing park and other activities which
further municipal purposes as determined by the City Commission, all after making
findings that the intent of the district is adhered to. permitted by Major Use Special
Permit only.
2. Supporting social and entertainment services (such as restaurants. cafes, and retailing)
public health (clinics and day care centers) and public safety (police facilities).
- marine and marina facilities and other entertainment facilities may also be allowed,
provided that such activities and facilities are an integral part of the park's design or
of the recreational function, all by Special Exception with City Commission apgroval
only.
t,.
I Conditional Accessory Uses:
10
10863
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including ipee4++e Joy:
-evided that they are-d+ree-t4y
exhibition space and Othe, a!
31. Fishing piers shall be permitted only by Class I Special Permit.
42. Repair or servicing of boats, marine motors or marine accessories or equipment other than
when boats remain in the water shall be permitted only by Class II Special Permit. Major
repair work on the hull shall not be permitted in this district.
5 Sea plane base; dirigible base and helistops by Special Exception with City Commission
approval only, and subject to limitations in section 933.
14. Retail sales of boating, fishing, diving and swimming supplies and equipment, retail
special-ty shops by Special Exception only.
4�. Boat docks, slips, piers, wharves, anchorages and moorages for private pleasure craft by
Special Exception only.
$Si• Boat rentals and charters by Special Exception only.
Offstreet Parking Requirements:
1 space per employee plus l space per 500 square feet of gross floor area of building
space.
Sign Regulations:
Only name of facility and directional signs by Class I Special Permit,
R-1 Single Family Residential.
Intent and Scale:
Areas designated as single family residential allow single family structures with a
density of up to one unit per typical lot size. The typical lot size '
minimum dimension _9f 50 feet�of frontage by 100 feet of de th except ;r, 4
SD=18 areas This P specifically desianated
category a ows a maximum net density of approximately
nine units per acre. lowe within this district and subject to specific limitations are
supporting services such as places of worship primary and secondary schools daycare
Community Based Residential Facilities and
b '
with ally -V0111111101
,
G
Intensity:
Minimum Lot Size: 5,000 square feet
Setbacks: front - 20 feet; side - 5 feet; rear - 20 feet for principal uses structures
and 10 for accessory uses structures
Minimum Lot Width: 50 feet
Height: maximum of 25 feet from flood level or average sidewalk elevation, whichever is
higher
Floor Area Ratio: maximum of .60 times the gross lot area
Building Footprint: maximum of .340 times the gross lot area
Green Space: minimum of .15 times the gross lot area
Permitted Principal Uses:
1. One dwelling unit per lot of record, except that occupancy of private pleasure craft as
living quarters is prohibited.
' 2. Community based residential facilities, licensed by Florida Health and Rehabilitative
Services (FHRS), with a maximum of six (6) clients or less (but not including drug,
alcohol or correctional rehabilitation facilities and dangerous mentally ill persons)
�� 10863
when located at least 1,000 feet from any existing similar facility, measured from the
nearest point of the site of the existing facility to the nearest point of the site of
the proposed facility, provided they are registered with the Planning, Building and
Zoning Department pursuant to Section 934.2.1.
a. Housebetrges Ore Frohibited.
43. Adult daycare centers shall be permitted for four (4) or fewer adults subject to the
requirements and limitations of section 935 "Adult daycare centers."
4. Housebarges are prohibited,
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures, including specifically:
1. Detached garages and car shelters (see section 908.6).
2. Garden sheds.
3. Private piers, docks and boathouses (see section 924).
4. Wet dockage or moorage of 2 major private pleasure craft in connection with any
residential use permitted, plus one for each 50 feet of water frontage (as measured lot
line to lot line in a straight line) exceeding 100 feet in R-1 districts, or 50 feet in
R-1 districts. Occupancy of private pleasure craft as living quarters is prohibited.
Housebarges are prohibited.
5. Family day care homes.
Conditional Principal Uses:
1. Adult daycare centers shall be permitted by Class N Special Permit if for five (5) or
more adults subject to the requirements and limitations of section 935 "Adult daycare
centers."
2. Child daycare centers shall be permitted by Class I Special Permit for up to nine (9)
children, and by Class II Special Permit for ten (10) to twenty (20 )children subject to
the requirements and limitations of section 936 "Child daycare centers."
3. Places of worship, primary and secondary schools by Special Exception Permit,
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to principal uses and
structures, including specifically:
1. Home occupations shall be permitted only by Class I permit (see section 906.5.)
2. Garage or yard sales shall be permitted only by special garage and yard sale permit in
accordance with section 906.10.
3. Permanent active recreation facilities accessory to uses in residential districts shall
be permitted only by Class I Permit with mandatory notice to abutting property owners
(a) Only by eia.,s i pei-ii,it h, iocatiom not adjacent to sheets and where tOtai aIT8 in
Famili ties is less than 28 percent oF the gross area of the lot 0,
-ds oi- courts adjacent to streets and/oi- where tatari
-ea in such facilities is 20 percent oI moi-e oF the gross lot areas. (See section
906-6)
i 4.Temporary special events involving outdoor gatherings at churches, schools and the like,
to the extent not otherwise licensed, regulated and controlled under other regulations of
the city, shall be permitted only by Class I permit.
o.
Offstreet Parking Requirements:
Dwellings:
Dwellings, minimum two (2) spaces per unit.
Daycare centers:
one (1) space for the owner/operator and one (1) space for each employee. In addition to
providing offstreet parking such establishments shall provide safe and convenient
facilities for loading and unloading clients including one (1) unloading space for every
ten (10) clients cared for.
Community based residential facilities and adult congregate living facilities:
j,
12
10863
See sections 934 amd 93
Home occupations:
One (1) additional space reserve for the
employee.and any at el uses.
Places of worship orimary and secondary schools:
As for G/I
Sign Regulations:
In connection with each dwelling unit and all other uses:
1. Address signs, not to exceed I for each dwelling unit or other use for each lot line
adjacent to a street, or 2 square feet in area, except as provided below.
2. Notice, directional and warning signs, not to exceed 1 for each dwelling unit or other use
for each lot line adjacent to a street, or 2 square feet in area, provided that where such
signs are combined with address signs, maximum total area shall not exceed 3 square feet.
Such signs, if freestanding shall not exceed 3 feet in height, be closer than 10 feet to any
adjacent lot, or be closer than 2 feet to any street line. Such signs shall not be illuminated.
(For signs related to home occupations, see section 90¢3.5(d).
In connection with Child Day Care Centers:
Not to exceed 1 identification sign per establishment with a maximum area of 2 square
feet.
In connection with subdivisions, developments, neighborhoods or similar areas:
Not to exceed 1 permanent identification sign, or 10 square feet in area, per principal
entrance. Such signs shall not be illuminated or internally illuminated.
In connection with advertising real estate upon which posted for sale, rent or lease:
Not to exceed 1 real estate sign, or 4 square feet in area, for each lot line adjacent to
a street. Such signs shall be nonilluminated.
In connection with active and continuing new construction work in progress:
Except for PD development, construction signs shall not exceed 1 construction sign, or 6
square feet in area, for each lot line adjacent to a street. Such signs shall not be
illuminated. PD-H (article 5) construction signs shall not exceed 20 square feet in area,
I for each lot line adjacent to a street. Development signs shall not be permitted except
in conjunction with such construction signs or by Class I Special Permit as provided in
section 925.3.8.
In connection with places of worship orimary and secondary schools
s for
i
Temporary political or civic campaign signs are allowed subject to the exceptions, limitations
and responsibilities of subsections 925.3.11, 925.3.12 and 925.3.13.
R-2 Two Family Residential.
Intent and Scale:
Areas designated as two family or duplex residential allow the construction of a --maximum
-of u0 t0t0 a two -unit residential structure (either attached or detached) on a typical lot. The
typical lot size '
hag minimum dimensio s of 50 feet of frontage by 100 feet
of depth. This descHpHyn Impije category allows a maximum net density of apprmrrmate�q
eighteen (18) units per acre or approximately 2,500 square feet per unit. Allowed within this
district, and sub.iect to specific limitations are su000rtinp services such as places of worshia
i primary and secondary schools daycare and Community Based Residential Facilities. For
iificaliy design *n U11 lot line o, alley with coinme;clai,
i
' Intensity:
f'
(f.
I
I 13 10863
I�
Minimum Lot Size: 5,000 square feet
Setbacks: front - 20 feet; side - 5 feet; rear - 20 feet for principal use structures and
10 for accessory use structures
Minimum Lot Width: 50 feet
}
Height: maximum of 25 feet from flood level or average sidewalk elevation, whichever is
higher
Floor Area Ratio: maximum of .60 times the gross lot area
Building Footprint: maximum of -ISO times the gross lot area
Green Space: minimum of .15 times the gross lot area
Permitted Principal Uses:
1. One dwelling unit per--lot—of—record or two dwelling units per lot of record, except that
occupancy of private pleasure craft as living quarters is prohibited.
2. Community based residential facilities, licensed by FHRS, for six (6) or fewer clients
(Including staff, but not including drug, alcohol or correctional rehabilitation
facilities and dangerous mentally ill persons) when located at least 1,000 feet from any
existing similar facility, measured from the nearest point of the site of the existing
facility to.the nearest point of the site of the proposed facility, provided they are
registered with the Planning, Building and'Zoning Department pursuant to Section 934.2.1.
3. Community based residential facilities, licensed by FHRS, with from seven (7) to a
maximum of fourteen (14) clients (inciading staff, ba not including drug, alcohol or
correctional rehabilitation facilities and dangerous mentally ill persons) when located
at least 1,200 feet from any existing similar facility, and at least 500 feet from any R-
I district measured from the nearest point on the zoning district boundary line or from
the nearest point of the site of the existing facility to the nearest point of the site
of the proposed facility, provided they are registered with the Planning, Building and
Zoning Department pursuant to Section 934.2.1
3_4. Housebarges are prohibited.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures, including specifically:
Same as for R-1 Single Family Residential.
Conditional Principal Uses:
Same as for R-1 Single Family Residential and in addition:
1. For lots with more than 5,000 square feet, one additional dwelling unit for each 2,500
square feet by Special Exception only.
Conditional Accessory Uses:
i
Same as for R-1 Single Family Residential.
-
Offstreet Parking Requirements:
Dwellings;
Same as for R-1 Single Family Residential
Child care centers:
Same as for R-1 Single Family Residential
Community based residential facilities:
"Same as for R-1 Single Family Residential
Sign Regulations:
Same as JU R-1 Single Family Residential
14 10863
IQ
R-3 Multi -Family Medium -Density Residential.
Intent and Scale:
i
This residential cateaory allows single family, duplex and
multifamily structures up to and including low-rise apartment structures with a maximum net
density of *9 2 units per acre. Allowed within this ri;ctrir+ and bi
c t0 cnar,fir
limitations are supporting servi such as places of worship primary aid secondary
daycare Community Based Residential Facilities And convenience estabtichmpn
designated iesldentlai jots ,htt,-Ing ift line Of aiiey With Ony commert+&+_,XYf__
far'-spet-i-fi-c"
idustrlaijy zoned lots see _rUV_"Ur
Intensity:
Minimum Lot Size: 5,000 square feet
Setbacks: front - 20 feet, side - 10 feet, rear - - feet -cent when abutting R i or
R-2 districts in which case it be 20 feet
Minimum Lot Width: 50 feet
Height: maximum of 49Q feet from flood level or average sidewalk elevation, whichever
is higher
Floor Area Ratio: maximum of .75 times the gross lot area
Building Footprint: maximum of .40 times the gross lot area
Green Space: minimum of .15 times the gross lot area
Permitted Principal Uses:
One family buildings,
1 2.
Two family buildings.
3.
4.
Multiple family buildings.
Rooming 01 iodging
54.
houses-.
Occupancy of private pleasure craft as living quarters is
prohibited.
prohibited. Housebarges are
-65.
Community based residential facilities, licensed by FHRS,
(
for six (6) or fewer clients
not including drug, alcohol or
facilities and dangerous mentally ill persons) when located
correctional rehabilitation
at least
existing similar facility, measured from the nearest point
facility to the
1,000 feet from any
of the site of the existing
nearest point of the site of the proposed
registered with the Planning, Building and Zoning Department
facility, provided they are
6.
Community based residential facilities licensed
pursuant to Section 934.2.1.
by FHRe
maximum of tourtee (14) clients (not including drug
with from seven (71 to a
rehabilitation facilities and dance pus mentally i11 persons
alcohol or �rrQctlonal
when located least
feet from any existing similar facility or 500 feet from
measured from the
-at 1,200
an single family district
f
nearest point of the site of the exist
of the
facility to the nearest ooinfi
i.
site of the proposed facility provided they ar register
Building
h +ha plc i nn
and Zoni Department pursuant to Section 93 2 1
1, Community based residential facilities, with more than fourteen (14) to a maximum of
fifty (50) clients inciarrg--Itaft permitted only by Special Exception with City
Commission approval subject to the requirements and limitations of section 934.
2. Adult daycare centers shall be permitted by Class I-i Special Permit if for four (4) or
less clientsspect&t-ftceptlol and by Class II Special Permit if for five
(5) or more adults subject to the requirements and limitations of section 935 "Adult
i daycare centers. t
} 3. Convalescent homes, health clinics, nursing homes, institutions for the aged or infirm
s
i and orphanages permitted only by Special Exception with City Commission approval.
f 4. Child daycare centers shall be permitted by Class I Special Permit for up to nine (9)
children, by Class II Special Permit for ten (101 +p (20l c 1 n ' dre dnd by Snr+r1A1
Exceation for over twenty (201 child subject to the requirements and limitations of
section 936 "Child daycare centers.
15
10863
5----Ome—(1) e
5. Rooming or lodging houses by Special Exception only.
} 6. Places of worship. primary and secondary schools, only by Special Exception,
Conditional Accessory Uses:
i
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including specifically:
1. Home occupations shall be permitted only by Class I permit. (See section 906.5)
?. Permanent active recreation facilities accessory to uses in residential districts shall
be permitted.
-W ftnly by Class I permit_
facilities is less then 20 pe,-cent of the g,os., area of the lot o,
(b) By elass il Special Permit In yards or coafts adjacent to sheets and/oi- where total
area in such facilities is 20 percent o, more of the gross lot &.eel. (See sectio.
906:-6. )
3. Temporary special events involving outdoor gatherings at churches, schools and the like
to the extent not otherwise licensed, regulated and controlled under other regulations of
the city, shall be permitted only by Class I permit.
3. Post -secondary educational facilities subject to Class I Special Permit provided that the
floor area is not greater than 1,500 square feet, the total number of courses at a single
location does not exceed two per year, and each course is held for only up to the length
of time of a scholastic semester.
i. One (1) on -site dock or mooring space per unit for major private pleasure craft. for use
of residents thereof only by Special Exception but not asa dwelling unit
i. Accessory convenience establishments subject to the r@guirements and limitations of
section 906.7.
Iffstreet Parking Requirements:
One family and two family:
Same as required in R-1.
Multi -Family:
1 space for each efficiency, one -bedroom and two -bedroom unit
2 spaces for each three bedroom unit
3 spaces for each unit with more than four bedrooms
In addition, 2 slietees Fo, every ten wilts o,- lio, tion the. eof designated foi vlslto,s up --to
fifty (50)--anits,, 1 space for every ten units designated for visitors
ove, fifty (56) unit
Child care:
Same as required in R-1 district
Community based residential facility:
Same as required in R-1 district
Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
1 space for each 5 beds, plus 1 space for each doctor in regular attendance, plus 1 space
for each 3 employees, or volunteers on peak shifts.
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
16 10 6
W
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square •'aet) loading spaces as dictated by needs of the
individual project.
Sign Regulations:
In connection with each dwelling unit and all other uses:
1. Address signs, not to exceed 1 for each dwelling unit or other use for each lot line
adjacent to a street, or 2 square feet in area, except as provided below:
2. For each lot line adjacent to a street, 1 wall sign not exceeding 40 square feet in area,
or 1 projecting sign will combined surface area not exceeding 40 square feet, and 1
address and/or directional signs, not exceeding 20 square feet. Such address and/or
directional, notice or warning sign, if freestanding, shall not be closer than 6 feet to
any adjacent lot line or be closer than 2 feet to any street line.
3. Notice, directional and warning signs, not to exceed 1 for each dwelling unit or other use
for each lot line adjacent to a street, or 2 square feet in area, provided that where such
signs are combined with address signs, maximum total area shall not exceed 3 square feet.
Address, notice, directional warning signs, if freestanding, shall not exceed 3 feet in
height, be closer than 10 feet to any adjacent lot, or be closer than 2 feet to any street
line.
Area of permitted wall signs may be increased 2 1/2 (square feet) for each foot above the first
10 feet of building height from grade at the bottom of the wall (averaged if sloping or
irregular) to the bottom of the sign.
Child care centers:
Same as permitted in R-1.
Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special
Permit, as provided at Section 925.3.10.
Construction:
Not to exceed 1 construction sign, or 30 square feet in area for each lot line adjacent to
a street. Development signs shall not be permitted except in conjunction with such
construction signs or by Class I Special Permit as provided in section 925.3.8.
Nome occupations
See section 906.5(d).
Real estate advertising for sale, rent or lease:
Not to exceed 1 real estate sign, or 4 square feet in area, for each lot line adjacent to
a street.
Subdivision, developments, neighborhoods or similar areas:
Not to exceed 1 permanent identification sign or 10 square feet in area, per principal
entrance.
Temporary political and civic campaign signs are allowed subject to the exceptions, limitations
and responsibilities of subsections 925.3.11, 925.3.12 and 925.3.13.
R-4 Multi -Family Nigh -Density Residential.
Intent and Scale:
This residential district accommodate designation allows single family. duplex and
j multifamily structures up to and including high-rise apartment structures with a maximum net
k density of "0 154 units per acre. Allowed within this district. and .subject to spgrific
limitations, are supporting services such as places of worship, primary and secondary schools.
�..` daycare. Community Based Residential Facilities and convenience establishments. For— specific
ailey with aiiy
1
office or
industrially zoned iots see also SD-iR Buffer ovei iay dish-ict regulations section 61
I((r
17 1 0 8
For any lot located on the southwest side of Brickell Avenue between 15th Road and 25th
Road, the 70 feet adjacent to Brickell Avenue on the southwest side shall be dedicated to the
city, having been first improved with a frontage road and landscaping in conformity with official
plans, policies and standards of the city, under a Class II Special Permit. In computing the
gross area of such lots, the area dedicated shall be included as though it were net lot area, and
credit for adjacent green space shall be computed from the location of the lot line adjacent to
Brickell Avenue prior to the dedication. Similarly, in determinations concerning other
requirements which may be affected, the dedicated area and adjacent beneficial green space shall
be included, except that the minimum front yard shall be provided within the boundaries of the
newly established lot line.
Intensity:
Minimum Lot Size: 20,000 square feet
Setbacks: front - 20 feet, side - 10 feet, rear - i9 ID feet except when abutting R-1 or
R-2 districts in which _ _ it will b 20 feet; the maximum height of a building at
the base building line is equal to the sum of the right-of-way plus the two front
setbacks on either side of the right-of-way or 120 feet, whichever is greater.
Portions of buildings above that height shall set back one (1) additional foot per
each foot in height except in lots with multiple street frontages, where this
additional setback applies to frontage on arterials and collectors only.
Minimum Lot Width: 100 feet
Height: unlimited
Floor Area Ratio: maximum of 1.72 times the gross lot area
Building Footprint: maximum of .40 times the gross lot area
Green Space: minimum of .15 times the gross lot area
Permitted Principal Uses:
1.
One family buildings.
2.
Two family buildings.
3.
Multiple family buildings.
4.
Hotels. (Except in area bounded by S W 15 Road• S w ne Road
Brickell Avenup and
Biscayne Bay).
5.
Motels. (Except in area bounded by S W 15 Rnarl• W 2 Road
Brickell QVFY11�p and
Biscayne Bay),
6.
Tourist homes. (Except in area bounded by S W 15 Road• S W
25 aoad�Brickpi� n�on�,e and
Biscayne Bay)
7.
Guest homes. -(Except in area bounded by S W 15 Road• S W 25
Road Brickell Av nue
Biscavne Bad
and
8.
Occupancy of private pleasure craft as living quarters is
prohibited. Housebarges are
prohibited.
9.
Community based residential facilities, licensed by FHRS, for six (6) or fewer clients
(includingnot including drug, alcohol or
facilities and dangerous mentally ill persons) when located
correctional rehabilitation
at least 1,000 feet from
existing similar facility, measured from the nearest point
any
of the site of the existing
facility to the nearest point of the site of the proposed
facility, provided they are
registered with the Planning, Building and Zoning Department
pursuant to Section 934.2.E
10.
Community based residential facilities licensed by FHRS
with from seven (7) to a
maximum of fourteen (14) clients (not including drug
alcohol or correctio nal
re a _litation facilities and danaerous mentally ill nercnncl
when located at 1 apt inn
feetfrom any existing similar facility or 500 feet fro
n i 1
single mile d7strict
measured from the nearest point of the site of the existing facility
_f
to t arpct oint
of the site of the proposed f cility provided thou are registered with the Planning
Building and Zoning Department pursuant to Section M.2.1.
Permitted Accessory Uses:
Same as for R-1 Single Family Residential.
Conditional Principal Uses:
Same as for R- ; and, in addition:
10863
18
I .
Adult daycare centers shall be permitted by Class I Special Permit if for four (4) adults
j
or less, Special Exception .ar by Class II Special Permit if for five (5) adults or more
subject to the requirements and limitations of section 935 "Adult daycare centers."
2.
Community based residential facilities, with more than fourteen (14) residents including
staff permitted only by Special Exception with City Commission approval subject to the
requirements and limitations of section 934.
3.
Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages are
permitted only by Special Exception with City Commission approval subject to the
requirements and limitations of section 934.
A.
Child day care centers, subject to the restrictions and limitations in section 936,
permitted by Class I Special Permit.
Conditional Accessory Uses:
Same
-i--
as for Ni and, in addition:
One—{ 3-)
31.
of resident., the,eoF only by Special Exception but not are dwelling unit.
Accessory convenience estabiishments, subject to the ie4tliremefta 113 Of
section 966.?, "eonvenience establist mients as accessory to i-esideirtial 0, office Uses."
Private clubs and lodges, not for profit, shall be permitted only by Special Exception.
Where permitted, the floor area of any such private club or lodge shall be limited by
convenience establishment requirements.
iocation does not exceed No pe, yenr, and each course is held fo, only tip to the i eng th
Offstreet Parking Requirements:
One and two family:
f Same as required r -in R-1_Sinale Family Residential.
Multi -family:
1 space for each efficiency or one -bedroom
2 spaces for each two -bedroom unit or each three bedroom unit
3 spaces for each unit with more than three bedrooms
In addition,
, 1 space for every ten units designated for visitors over
.h f ty ( 5 e) writs.
Child care:
Same as required in R-1 district
i
Community based residential facility:
Same as required in R-1 district
Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as required in R-3 district
Offstreet Loading Requirements:
Same as for R-3 Multi -Family Medium -Density Residential
19
Intent and Scale:
The office district aecommodate category allows structures used as permanent and
transitory residential facilities such as hotels and motels. aeneral office uses -,.clinics and
laboratories and prafe3siemal services involving mo sale of merehamdis limii_ed commercial
activities incidental to prins,Jpal uses limited services and supporting facilities such as
auditoriums libraries convention facilities places of worship. and primary and secondary
schools may also be allowed and mixed residential -office uses. Where office and residential uses
are on the same DreMises or in the same building access and facilities shall be so separated
and such additional safeguards shall be provided as to protect security and privacy for
residential occupants. oi residentisi uses. Residentlai uses For medium and high -density an
hotels . For office iots sheiring a common lot line or tffley with any -esidentialiy zoned lot.!
Intensity:
For Residential Uses: As for R-4.
For Office Uses:
Minimum Lot Size: 20,000 square feet
Setbacks: front - 10 feet; side - 10 feet, or the same as the abutting zoning district,
whichever is greater; rear - 10 feet, or the same as the abutting zoning district,
whichever is greater; the maximum height of a building at the base building line is
equal to the sum of the right-of-way plus the two front setbacks on either side of the
right-of-way or 120 feet, whichever is greater. Portions of buildings above that
height shall set back one (1) additional foot per each foot in height except in lots
with multiple street frontages, where this additional setback applies to frontage on
arterials and collectors only.
Minimum Lot Width: 100 feet
Height: unlimited
Floor Area Ratio: maximum of 1.72 times the gross lot area
Building Footprint: maximum of .40 times the gross lot area
Green Space: minimum of .15 times the gross lot area
Permitted Principal Uses:
Maitijile family, hatei buildings and offices, fInOnce, Instn-ance eel estate offices, medicei o,
dental offices, med I ca! and dental iaboi-atoHes, and c! inics, banks, sav ings and loo,
As for R-4 and in addition:
1, bOffices not selling merchandise on the
premises., ,
2. Medical or dental offices_;
L._-gMedical and dental laboratories, and clinics_,
banks, savings and ioan associations limited to the office .
4. Financial Institutions. it; the same building,
Where oFf'ce and residential uses aie on the same p, ses o,
!:access and facilities shali be so sepa.-ated, and such additionai safeguards shall be
.25. Post -secondary public or private educational facilities.
Permitted Accessory Uses:
Same as for R-3.and in addition
Uses and stitictuies which are custontailly incidentai and saboidinate to permitted pi-Incipal use.:
1 Wet dockage or moorage parallel to the shoreline for one row for private pleasure craft
-ages and cen, shelteis (see section 908.W.
Detached 9a,
{ .
Pi -Hate pie,'s, docks and boathouses (see section 924).,
f.` .
Conditional Principal Uses:
10863
20
Same as for R-3 and in addition
11. Group homes by Special Exception.
-52. Foster care homes by Special Exception.
-4.3. Community based residential facilities pursuant to Section 934.2E: are permitted only by
Special Exception with City Commission approval.
-54. Privately owned and/or operated recreational buildings and facilities by Special Exception.
-65. Playgrounds, playfields, parks by Special Exception.
-76. Facilities privately owned and used for garden, service, civic or private clubs or lodges
(not for profit) by Special Exception.
V . Commercial parking lots only by Special Exception.
Permit. mcesadded,
centers, ande, Hass
Nuising homes permitted oHy by Spec leti—Except+cn-rz.
st1bje,,t to the restrictions and ihintati-ol,s if, section 936, penift!
Conditional Accessory Uses:
Same as for R-4 and in addition•
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including specifically:
by Special EACept"
j p Drive -through banking facilities, permitted only by Special Exception with City
Commission approval.
-72. Helisto s
P emitted only by Special Exception with City Commission approval and
subject to requirements and limitations in section 933.
3. Commercial Marina by Snec4a1 Exception only
Offstreet Parking Requirements:
Offices and other non-residential uses: 1 space per 350 square feet of gross floor area
Lodgings: 1 space per every 2 lodging units
Multi -family residential uses:
1 space for each efficiency/one-bedroom unit
2 spaces for each two -bedroom unit or each three -bedroom unit
3 spaces for each unit with more than three bedrooms
i.
In addition,
, 1 space for every ten units or portion thereof designated
y for visitors ove, fifty
Adult care:
10863
21
One (1) offstreet parking space shall be required for the owner/operator and one (1)
space for each employee. In addition to providing offstreet parking such
establishments shall provide safe and convenient facilities for loading and
unloading clients including one (1) unloading space for every ten (10) clients cared
for.
Child care:
One (1) space for the owner/operator and one (1) space for each employee. In
addition to providing offstreet parking such establishments shall provide safe and
convenient facilities for loading and unloading children including one (1) unloading
space for every ten (10) children cared for.
Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as required in R-3 district
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
. By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
Sign Regulations:
As for R-4, provided that limitations on signs in relation to clinic uses therein shall apply to
all office or clinic uses in this district. In addition, for each lot line adjacent to a street,
address and/or directional sign, not exceeding 20 square feet. Such address and/or directional,
notice or warning sign, if freestanding, shall not exceed 6 feet to any adjacent lot or closer
than 2 feet to any street line.
Area of permitted wall signs may be increased 2 1/2 square feet for each foot above the first 10
feet of buildingheight from grade at the bottom of the wall 9 9 (averaged if sloping or irregular)
to the bottom of the sign.
Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special
Permit, as provided at section 925.3.10.
Development signs, except where combined with construction signs, shall be permissible only by
Class I Special Permit as provided at section 925.3.8.
G/I Government and Institutional.
Intent and Scale:
The government/institutional category allows the
development of major concentrations of government activitie facilities for federal state and
local government activities. , ma.ior public or private health recreational, cultural. reliaious
or educational activities ma.ior
transportation facilities, oublic utilities. and public and private
i'
4
10803
22
cemeteries. 1J idot_ial facilities ancillary to these „_.._
eS dre d, ,��rd t0 a maxim im na+ Aanei+L.
equivalent to R-4. sub.iect to the camp limitino conditions.
Intensity:
For Residential Uses: As for R-4.
For All Other Uses: As for Office.
Permitted Principal Uses:
Same as for 0 and in addition.,
`
i'
i
i
,
(2a
,.Chu, cites, schooia , , St -and--Fedrrei—elfices and govti11111e11h+1r-*wrred
f6c-111ties. ..(Any change to introduce a new principal use or any additions over twenty
percent' of any existing use shall be allowed by Special Exception only.1 ipcttf cv+1p
dL
�.
Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or
community centers.
3associations,-fFinancial
institutions, provided that
drive -through facilities shall be permitted only by special permit, as indicated below.
4
Adult ;and child day care centers, subject to the requirements of sections 935 and 936-4
and
,
97•
Hospitals.
$t,
Offices, business and professional (other than those selling merchandise on the
premises), clinics (other than veterinary); studios; medical laboratories.
�S•
Places of worship.
1•
piayflelds,pai-ks, beaches end the
Schools, post -secondary public or private educational facilities, colleges and
universities, public and private, including business colleges, trade schools (except
those
having_ external evidence of activities of an industrial nature), conservatories,
dancing schools.
F.
Structures and uses other than those listed above required for performance of a
governmental function exceot as saecified below.
Structures and uses relating to operation of public utilities and requiring locations
within the district191vbm-fng--arevs(other
than above ground lift
stations, electrical substations, line -of -sight relay devices for telephonic, radio or
television communication, and the like, which shall require special permits as indicated
below); railway rights -of -way and tracks, but not railroad yards, storage or warehousing,
switching or provided
shops; that no such public utility use shall involve extensive
storage or have.storage as its primary
1,4Q.
purpose.
Foster care homes.
Group homes.
16
Cemeteries.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures.
Conditional Principal Uses:
31.
Jails, detention facilities, work camps by Special Exception with City Commission
approval.
-42.
Public incinerators, ,except for forensic incinerators,l solid waste facilities of any
type by Special Exception with City Commission approval.
-5.
-poses, by Majoi- Use Spec lati-Permft-.
10803
23
.63.
Community based residential facilities ere-perm4tcd only by Special Exception subject to
the requirements and limitations of section 934.
-7g.
Commercial parking lots or parking garages shall be -permitted only by Special Exception.
_83.
Convenience commercial and service facilities, including restaurants, shall be permitte
as principal or accessory uses only by Class II Special Permit, and only when located,
oriented and scaled to serve needs within the district.
.9.6.
Facilities privately owned and used for garden, service, civic or private clubs or lodges
(not for profit) shall be -permitted only by Special Exception.
In connection with public utilities, above ground lift stations, electrical substations,
line -of -sight relay devices for telephonic, radio or television, radio or television
communication and the like shall be permitted only by Class II permit.
-H.B.
Local stations for mass transit facilities (other than bus stops) -shall-be-permitted only
by .Special Exception.
ip.
P1 ivaWy owned --and/or operated i-eci-eat+0
-17t 1 -51jecial Exception.
pieryfields, parks, beaches and the -like shall te rmitted only y
Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception
with City Commission approval.
Conditional Accessory,Uses:
Uses
and structures which are customarily incidental and subordinate to conditional principal
uses
and structures, including specifically:
1.
Limited retail uses which are intended to serve the retailing and personal service needs
of the governmental/institutional use. Such uses may be allowed up to ten percent of the
gross square footage of such structures by Class II Special Permit.
2.
Forensic incinerators -ale--perm-itted only by Special Exception subject to all applicable
local, state and federal laws.
3.
Helistops strati-ire-m,Htted only by Special Exception with City Commission approval and
subject to requirements and limitations in section 933.
4.
Accessory convenience establishments ire --permitted subject to the requirements and
limitations of section 906.7, "Convenience establishments as accessory to residential or
5.
office uses."
Accessory thrift shop establishments, which retail second-hand items, and which do not
exceed ten percent of the primary use, and are operated by religious or nonprofit
organizations, arepermittedonly by Class II Special Permit.
6.
Drive -through service facilities, with the exception of drive -through facilities for
financial institutions, shall be permitted only by Class II Special Permit (See Section
931) ,subject to reservoir requirements established in section 931.2. Drive -through
facilities for financial institutions rale --pernrrt�ted only by Special Exception with City
Commission approval and subject to reservoir requirements established in section 931.2.
7.
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, regulated and controlled under other regulations of the city, shall
4
be permitted only by Class I Special Permit and subject to conditions established in
section 906.9. !iot ino. e than -one such 0 ividuai tab! ment7-or-fur
es
Offstreet Parking Requirements:
For residential use: as required in
-the-area.
For non-residential uses: one (1) space for each 300 square feet of proposed gross floor
area except as specified below.
For libraries, art galleries, museums, neighborhood centers, recreational centers,
mausoleums: 1 space for each 400 square feet of gross floor area.
`,.
Places of worship -
For movable sent in auditoriums, chapels and other rooms for general assembly,
e�5 fixed
excluding classrooms and other areas not for general assembly�s space for e�5 fixed
seats and for each 50 sure feet of area for movable seats.
`
y,
For schools, colleges and universities:
10863
24
N
Kindergarten through grade 9: 1 space per classroom, plus 1 space for each 16 fixed
seats, and/or for each 120 square feet of area for movable seats, in auditoriums and
other assembly rooms.
Grades 10-12: colleges and universities: 1 space per classroom, plus 1 space for
each 8 fixed seats, and/or for each 80 square feet of area for movable seats, in
auditoriums and other assembly rooms.
For convalescent homes, nursing homes, institutions for the aged or infirm and
orphanages:
Same as required in R-3 district
Sign Regulations:
Same as i O,Office district.
C-1 Restricted Commercial.
Intent and Scale:
The restricted commercial category allows structures used as any
type of residential facility except for rescue missions to a maximum net density equivalent to
R-4. subject to the same limiting conditions: any activity included in the office designation,
commercial marinas and living ouarters on vessels with specific limitations. and mixed use or
commercial activities which generally serve the daily retailing and service needs of
neighborhoods and speciFic tn-eet the public, typically require_jo easy access by pedestrians and
private automobiles. This land —use cateaory is .-est.icted—to located preferably in areas
directly served by arterial or collector roadways, or directly accessible via mass transportation
system. Fo,- commei-cled iots shai,inq a common lot line or alley with specifically designat
.-es'dent'ally zoned iots see also 50-12 Buffe,- overlety district i-equiations in section 612.
Intensity:
Minimum Lot Size: 5,000 square feet
Setbacks: front - 10 feet, 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; the maximum height of a building at the base building line is
equal to the sum of the right-of-way plus the two front setbacks on either side of the
right-of-way or 120 feet, whichever is greater. Portions of buildings above that
height shall set back one (1) additional foot per each foot in height except in lots
with multiple street frontages, where this additional setback applies to frontage on
arterials and collectors only.
Minimum Lot Width: 50 feet
Height: unlimited
Floor Area Ratio: maximum of 1.72 times the gross lot area
Building Footprint: maximum of .40 times the gross lot area
Green Space: minimum of .10 times the gross lot area
Permitted Principal Uses:
1 ns t i ta t 1 ons and ifted-uses of etaiii, office and/or residential. N addition, gene, a!
ne ighborhood reta i 1 ing, personal and Professional senices including inedicei doctors and
clabs and -ecrestional facilities, commerciet! marine dockage (excluding i-epalis and maintenance
operations), new car sales and othei- commercial activities whose scaie and land ase Impacts 8,
similar in nature to those uses dese, !bed above. SpeciFicaily included are.
Within this district all commercial office sales disolay and service activities shall be
conducted within completely enclosed buildings, except in connection with outdoor egtina areas
automobile sales lots plant nurseries or q_ommgrcial parking lots or as approved in connection
r.. with special permits, otherwise, there shall be no unenclosed storage oC display of merchandise.
j: materials or equipment No wholesaling or Jobbing shall be conducted from within the district
No merchandise shall be stored other than that to be sold at retail on the premises and no such
f storage shall be visible from public ways No off -premises storage of merchandise shall be
permitted within the district.
25 10863
f
Same as for-0 district and in addition:
1. ,financial institutions, -except—thosc
with drive through feeilft+es-
•
-4g. -6f•Fic+ts; clinics, studios, including radio and TV broadcasting, medical laboratories,
travel agencies, ticket agencies.
-51. Private clubs, lodges, fraternities, sororities and the like.
fig. Residence hotels; lodging houses; tourist homes; and guest homes, with quarters rented
for periods one week or more, hotels and other transient facilities.
-7-5. Restaurants, tearooms, cafes, except drive-in
entertainment.
-8S. 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, eguipment 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 eguipment. no such retail establishment shall deal in secondhand
merchandise. ch
.91. Post -secondary public and private educational facilities, business and trade schools,
except those with external evidence of activities of an industrial nature.
i9$. 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.
-H_q . Driving school agencies.
1U. Mortuaries or funeral homes with not to exceed 2 retorts as an accessory use.
131. Printing incidental to a permitted principal use, blueprinting and the like; photographic
development laboratories.
H. Radio and teievislon broadcasting studio4s—.
goods,
garden stipliiy establishments, paint and vvalip8pel' 3to.-es. Rentai of fo,-Ineii attire an
hospital equipment. Repet', and incidental assembly etie permitted as accessory, but not
Fonnei attire and hospitai equipment, no stich .-etaii establishment shaii deal
1-62. Theaters (other than drive-in).
1-7_3. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but
not secondhand merchandise otherwise.
1.84. £�ommercletl p,)arking lots, parking garages.
halls.H. eommeiclai -ec,-eation estabiHliments including pool hails and bililai-d pai-lo.-s, bowling
alieys, shuffleboard courts, miniattn-e goff cuttise, driving i-anges, archery ianyes7
f 15. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper clubs,
cafes or private clubs.
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, 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.
,
,
10863
26
Permitted Accessory Uses:
_Same as for 0 district anA in addition
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures, including -spec-i.Fjt*&f y
tile PI-qse
Conditional Principal Uses:
Same as for 0 district and in addition
9 inQs-'T7r-t�ci sting
• Commercial marinas, boat rentals and piers ifiv l— a -perm+ tted only by Special Exception,
subject to the requirements of section 924.
ILL subject
based residential facilities are-perint edby
or
Special Exception, with City Commission approval, subject to athe requi ementsly
b cand
limitations of section 934.
. Drive -through facilities for financial institutions only on property with two (2) street
frontages or if on one street, access and egress driveways are located at least one
hundred -fifty (150) feet apart, only by Special Exception, with
approval by the City Commission, and subject to reservoir requirements of section 931.2.
34. Other drive -through facilities, including eating and drinking establishments, Tha+f—be
permitttred only by Class II permit subject to the requirements of section 9317-reservoir
6 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.
�'�. Automotiveservice stations and car washes sh�}l
( -be-permi�t�tsd only by Class II Special
Permit, subject to the requirements and limitations of sections 930 and 931.
$Z• Bars, saloons, taverns, and supper clubs, sha}i--be--
3$• bancing and/or live entertainment at private club nittei only by Special Exception.
Special Permit. only by Class II
-i89.
Privately owned and/or operat and facilities. piavgrounds olavfields Parks beaches neighborhood cent rs
libraries art aaller'es. museums and the like oriva e clubs dges f�yditor`uc,
sororities and the like operated for profit commercial
recreation Utahlishment
including pool halls and billiard parlorc bowling allevs. huffleboa Cnlirfc minis lira
golf course driving ranges archery ranges trampoline centers game rooms and danc
Balls by Class I Special Permit Onlv.
14'By eiass if speciai e,.1t
tycigar manufacturing, hand process,
Class II Special Permit only.l sewing shop IZy
Adult daycarefacilities -rrrd subject to the requirements and limitations of section 935,, by Special Exception.
13 Convalescent homes by Special Exception.
1� Nursing homes and institutions for the aged or infirm by Special Exception.
1-54. Orphanages by Special Exception.
lfi�. Child day care centers, subject to the requirements and limitations -of section 936,
Permitted by Class I Special Permit.
1�§• Temporary revival churches.
27 10863
be midue
i s Wage or d4s
I
Conditional Accessory Uses:
dame as for O district and in addition:
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including specifically:
1. 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, regulated and controlled under other regulations of the city, shai-i
be --permitted only by Class I permit. _(See section 906.9)
2. Wet dockage or moorage of major private pleasure craft in numbers greater than permitted
generally shall be permitted only by Special Exception.
3. Drive -through facilities are--pemni- for financial institutions only by Special
Exception with City Commission approval v rI7.
4. Sale of used automobiles which may or may not be on the same premises or block as the
principal use but clearly accessory to new automobile sales -is—pemni-rtted by Special
Exception only subject to a limit of thirty (30) percent of the building frontage on a
block or ten (10) percent of the square footage of the dealership. Enclosure may be
waived for a five-year period; the grant of Special Exception will expire if the use is
not enclosed at the end of the period. No application for a variance will be accepted.
5. Christmas tree sales shall —be —permitted only by Class I Special Permit on a vacant lot or
portion of a lot not reserved for other purposes (i.e., parking) d Such use -may --be
{ , with notice to adjacent and immediate (across the
street) property owners,
a fund alm- Fo, a pei Iod oF opeiattm not to exceed Five (5) weeks V.-io, tv--etMts_tM.&s.
6. Sales of other goods pertaining to a national legal holiday by Class I Special Permit.
7. Helistops shai-1 be pernritted only by Special Exception with City Commission approval and
subject to requirements and limitations in section 933.
8. For waterfront property only, wet dockage or moorage of major private pleasure craft not
exceeding two (2) per dwelling unit for the first ten (10) dwelling units, plus one (1)
for each five (5) additional dwelling units.
Offstreet Parking Requirements:
t
For residential use:
Same as for R-4 Multi -Family High Density Residential.
,
For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as for R 3g Multi -Family Medium High Density Residential.
For non-residential use (except for uses listed below):
1 space per 300 square feet of gross floor area except for restaurants where it shall be
I space per every 100 square feet of gross floor area.
For commercial marinas:
Parking needs for automobiles and boat trailers to be determined for a specific project
f, 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.
E
10863
28
i
I
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
Sign Regulations:
Onsite signs only shall be permitted in these districts, subject to the following requirements
and limitations. Except as otherwise provided, such signs may be illuminated but shall not be
.animated or flashing. At retail or service establishments, in addition to identifying the
principal business, commodity or service, such signs may devote not more than half of their
actual aggregate to the advertising of subsidiary products sold or services rendered on the
premises.
a
6.
7.
8.
9.
10.
11.
Community or neighborhood bulletin boards or kiosks shall be permissible as provided at
section 925.3.10.
Construction signs; not be exceed 1 construction sign or 30 square feet in areas, for each
lot line adjacent to a street.
Development signs, except where combined with construction signs, shall be permissible
only by Class I Special Permit as provided at section 925.3.8.
Directional signs, which may be combined with address signs but shall bear no advertising
matter, may be erected to guide to entrances, exits, or parking areas, but shall not
exceed 5 square feet in surface area.
Ground or freestanding signs, limited to 1 sign structure with not to exceed 2 sign
surfaces neither of which shall exceed 40 square feet in sign area, for each establishment
or for each 50 feet of street frontage. Permitted sign area shall be cumulative, but no
sign surface shall exceed 100 square feet.
Marquee signs, limited to 1 per establishment and 3 square feet in area.
Projecting signs (other than marquee signs) shall be limited to 1 sign structure with not
to exceed 2 sign surfaces, neither of which shall exceed 40 square feet in sign area;
provided, however, that such permissible sign area shall be increased in C-1 districts to
80 square feet where maximum projection from the face of the building is 2 feet or less,
60 square fee where projection is more than 2 and less than 3 feet, and 40 square feet
where projection is at least 3, but not more than 4 feet.
Real estate signs, limited to 1 per street frontage and not to exceed half the area
permissible for the same type of permanent sign on the premises.
Temporary civic and political campaign signs are allowed, subject to the exceptions,
limitations and responsibilities of subsection 925.3.11, 925.3.12 and 925.3.13
respectively.
Wall signs, limited to 2 1/2 square feet or sign areas for each lineal foot of wall
fronting on a street if any portion of such sign is below 15 feet above grade. For each
foot that the lowest portion of such sign exceeds 15 feet, permitted sign area shall be
increased 1 percent. Not more than three (3) such signs shall be permitted for each
frontage on which area calculations are based, but one (1) of these may be mounted on a
side wall.
Window signs, painted or attached, shall not exceed 20 percent of the glassed area of the
window in which placed. Number of such signs is not limited by these regulations, but
aggregate area shall be included as part of aggregate wall sign area, as limited above.
C-2 Liberal Commercial.
Intent and Scale:
29
10863
."I
The liberal commercial distriet accommodate category allows commercial activities which
serve the needs of other businesses, require extensive loading facilities, and often benefit from
close proximity to industrial areas. The district is also intended to allow a mix of office with
retail uses. Hotels, motels and rescue missions are the only residential uses allowed in this
district. The district permits four types of uses which distinguishes C-1 from C-2 including
wholesaling, light assemblage, second-hand merchandise sales and outdoor sales. Fo, commercI&I
jots shering a common !at line or sHey with speciFiceffly de3ignated esidentleHy zoned lots.
(See aiso SB-12 Buffer overlay district regulations in section HE.)
Intensity:
Minimum Lot Size: 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: 100 feet
Height: 120 feet or ten (10) stories, whichever is less
Floor Area Ratio: maximum of 1.72 times the gross lot area
Building Footprint: maximum of .60 times the gross lot area
Green Space: minimum of .10 times the gross lot area
Permitted Principal Uses:
Retail and service uses in C-1 and, in addition:
1. Commercial marinas.
2. Retailing of second-hand items and pawn shoes.
3. New and used vehicle sales
4. Parking lots and garages
5. Heavy equipment sales and services.
6. Building material sales and storage.
7. Wholesaling.
8. Warehousing.
9. Distribution and transport -related services.
10. Personal service establishments, including bail bondsmen, health spas or studios, massage
parlors, turkish baths, and dance studios.
11. Repair service establishments, including appliance repair, and office equipment repair,
repair garages, repair of heavy equipment and machinery but not paint and body shops.
12. Printing.
13. Astrologers, palmists, fortune tellers and phrenologists.
13g. Other activities whose scale of operation and land use impacts are similar to those uses
described above.
Permitted Accessory Uses:
Same as for C-I _district and in additio
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structures, including specifically:
1. Dwelling and lodging units used for watchmen, caretakers, and others requiring living
quarters on the premises.
2. Any use permitted as a principal use, subject to requirements and limitations applying to
the principal use.
Conditional Principal Uses:
1. Motels and hotels by Special Exception only.
2. Rescue missions and other transient residential facilities by Special Exception only.
3. Major sports facilities by Major Use Special Permit only.
4. Automotive paint and repair services by Special Exception only.
5. Exhibition and entertainment facilities by Special Exception only.
6. Convention centers by Special Exception only.
7. Recreation and entertainment facilities by Special Exception only.
8. Public utilities and transportation facilities by Special Exception only.
9. Flea markets by Class II Special Permit only subject to the limitations in section 93$.1.
10. Adult entertainment, subject to the limitations and requirements in section 937.
30 10863
11. Stockpiling and distribution of rock, sand, gravel and the like, i
plants___ limited to dry components.
only by Class II Special Permit.
12. Residential uses in conjunction with property zoned under categories allowing residential
uses by Special Exception only.
13. eonci-ete mixing pietnts limited to d,-,y components only by eiass tf specisi Permit.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including specifically:
1.
2.
3.
4.
5.
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, regulated and controlled under other regulations of the city, -sharp
be -permitted only by Class I permit. (See section 906.9) Not more than one StIch ot1tdoo,
gathei-ing pei- yea. shall be permitted in connection with openings oi- special piomoi
Child day care centers accessory to a church or school, subject to the restrictions and
limitations in section 936, peimrt-ted by Class II Special Permit only.
Christmas tree sales by Class I Special Permit only.
Sales of other goods pertaining to a national legal holiday by Class I Special Permit
9nly.
Helistops shail he pennitte only by Special Exception with City Commission approval and
subject to requirements and limitations in section 933.
Offstreet Parking Requirements:
Generally:
As for C-1 uses.
Other uses not included in C-1 or specifically listed below:
minimum of l space per 1,000 square feet of gross floor area.
Mini -warehouses:
minimum of 1 space per 100 storage units and 1 space for the facility manager.
Garages, paint and body shops:
3 spaces for each service bay or stall.
Flea markets:
Minimum of 1 parking space per stall and 1 parking space for each 550 square feet of gross
sales areas.
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
f
10863
31
N
Sign Regulations:
As for C-1.
CBD Central Business District Commercial.
Intent and Scale:
The CBD commercial disti ict acconinfodettets category is intended to aop v to =mmert &1
activities which serve tie needs -of the central commercial, financial and office core of the
metropolitan area, and allows a mix of uses ranging from high density multifamily residential to
high intensity office uses with retail uses on the lower floors of structures, -and all activities
included in the 0 (Office) R-4 and G/I designations. Residential facilities (except for rescue
missions) alone or in combination with other uses are allowable -to a maximum net density of 1,000
dwelling units ner acre Intensity of uses within this district are generally higher than those
allowed in any other area of the City. For commercial lots sharing a common lot line or alley
with specifically designated residentially zoned lots see also SD-12 Buffer overlay district
regulations in section 612.
Intensity:
Minimum Lot Size• no i i 1
m n mum of size required
Setbacks: front - 5 feet; side - 0 feet, or the same as the abutting district, whichever
is greater; rear - 0 feet, or the same as the abutting district, whichever is greater
Minimum Lot Width: 50 feet
Height: unlimited
Floor Area Ratio: unlimited
Open Space: as required in the "City of Miami Design Standards and Guidelines".
Permitted Principal Uses:
As
required for C-1 and in addition:
1.
Residential uses with an unlimited density.
Permitted Accessory Uses:
Uses
and structures which are customarily incidental and subordinate to permitted principal uses
and
structures, including specifically:
As
for C-1 and in addition:
1.
For waterfront property only, commercial marinas, wet dockage or moorage of major private
pleasure craft not exceeding two (2) per dwelling unit for the first ten (10) dwelling
units, plus one (1) for each five (5) additional dwelling units, and any use permitted as
}
a principal use, subject to requirements and limitations applying to the principal use.
Conditional Principal,Uses:
1.
Institutional uses, such as regional government and educational centers by Special
Exception only.
2.
Motels and hotels and other transient residential facilities by Special Exception only.
3.
Major sports, exhibition and entertainment facilities and convention centers represent
permitted uses within the regional commercial areas permitted by Major Use Special
Permit.
4.
Parking lots and garages by Special Exception only.
5.
Public health and social service facilities by Special Exception only.
6.
Recreation and entertainment facilities by Special Exception only.
7.
Mixed -uses of limited warehousing and office, or limited warehousing and retail showrooms
by Special Exception only.
8.
Public utilities and transportation facilities by Class II Special Permit.
9.
Commercial marinas by Special Exception only.
f
Conditional
Accessory Uses:
10863
32
W
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, including specifically :
Same as required for C-1.
Offstreet Parking Requirements:
In general:
Minimum one (1) space per 1,000 square feet of gross floor area over 10.000 sauare feet
Maximum one (1) space per 600 square feet of gross floor area
Marinas.,
See article 6, "SD-4 Waterfront industrial district".
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
_Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
j 500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
Sign Regulations:
As required permitted for C-1 except that projecting sign area may be increased to 80 square feet
where maximum projection from the face of the building is 2 feet or less 60 square feet where the
projection is more than 2 and less than 3 feet, and 40 square feet where the projection is at
least 3, but not more than 4 feet.
I Industrial.
Intent and Scale:
The industrial dist, ict is intended to appiy t category applies to manufacturing.
processing, assembly and_storace activities: and generally limits activities to those which do
not generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes,
or negative visual impact and may involve the discharge of effluents beyond those generally
discharged into sanitary sewer systems.
-ocessesI
p.oduction of goods by Iii
o, explosion, if not eguieted end cont,
-oiled. These districts shall generally be located where
directly served by major transportation facilities, and buffered from residential areas. for
-i idust. a i lots she, ing a common lot line o,
zoned iots see also SD-H Buffer ovei iay district reguiations in section 612.
Intensity;
10863
33
Same as "regcrired_aermitte for C-2.
Permitted Principal Uses:
As for C-2 and in addition:
1.
Bases for marine dredging, salvage; towing, marine construction offices and yards,
piloting headquarters.
2.
Commercial parking and storage facilities for automotive vehicles, as related to
activities within the district.
3.
Establishments for collection, processing and/or distribution or sales of marine food
products and by-products, including eating and drinking establishments related to such
operations.
4.
Establishments for wholesale or retail sales of huportEd-goods.
5.
Facilities for construction, maintenance, service, repair, supply or storage of vessels,
including shipyards, drydocks, marine railways;
marinas, shops for marine woodworking,
electrical, communication and instrument, installation and repair, welding, sail making,
engine and motor repair and maintenance; ship chandlers; fuel supply establishments.
Manufacture, maintenance, service, repair and/or sales
or supply of parts, accessories
and equipment for marine needs.
6.
Freight terminals, facilities for warehousing and storage, packing, packaging and crating
of materials from or for marine shipment;
assembly and distribution facilities for marine
shipments, except as provided under-'Specia!
7.
permrtsy conditional �spt, below.
Hiring halls for seamen and dock workers.
8.
Passenger terminals, including related facilities for handling baggage or freight, ground
transportation, parking, and establishments to serve needs of passengers and visitors
including retail shops, eating and drinking establishments, beauty barber shops,
and
ticket agencies, currency exchanges and the like.
9.
Piers, wharves, docks, and railroad service to related loading, storage or distribution
facilities.
10.
Sales, charter or rental of Vessels, marine supplies and equipment, marine sporting goods
and supplies.
11.
12.
Automotive assembly plants; battery manufacturing; tire recapping and retreading.
Automotive towing services, where not screened from view from public ways (other than
alleys) from
or adjoining residential districts by buildings, shall be enclosed by a
solid masonry wall (with necessary openings) at least 6 feet in height, with no storage
above the top of the wall.
13.
Boat building and repair.
14.
Bottling plants, breweries, distilleries.
15.
Machine shops; tinsmiths and sheet metal works.
16.
Manufacture of pottery and figurines or other ceramic products, using only previously
pulverized clay and with kilns fired only by
17.
electricity or gas.
Manufacturing of musical instruments, toys, novelties, and rubber or metal stamps.
18.
Manufacturing or processing of such products as bakery goods, candies, cosmetics, dairy
products, soap,
'
perfume, toiletries, and food products, except as indicated under
"SpecW
permits" conditional uses.
19.
Manufacturing of plastics.
20.
Manufacturing of metal products.
r,
21.
Manufacturing of ice.
22.
Poultry or rabbit live storage and killing incidental to a retail business on the same
premises.
23.
24.
Railroad stations, freight or passenger, transfer, storage or team tracks.
Paintandbody shops.
25. -
Post -secondary public and private educational facilities.
Permitted
Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses
and structure '
Conditional Principal Uses:
As for
C-2 and in addition;
1U�63
34
a�
19
1. Facilities for storing, packaging, handling, processing or distribution of explosive,
flammable, or otherwise hazardous materials
pecial Per
only. No such permit shall be issued unless and until the chief of the sfire s I sdepartmentmit is
assured that in addition to meeting other requirements of applicable codes the facilities
for such storage, open or enclosed, are designed, located and equipped to make fire
! protection or protection from other hazards feasible, and that the manner of operation of
such facilities will give reasonable assurance of protection of life and property.
2. Facilities for VTOL or, STOL craft, hovercraft, or sea planes
Class II Special Permit. only by
3. Manufacture of concrete and cement products, brick, the or terra cotta isha�---�
1permt"iirle only by Class I Special Permit.
4. Manufacturing or processing of fish or meat
animal fats or oils products, or the rendering or refining of
5. Recycling plants only by Class II Special Permit.
y Class I Special Permit.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional principal
uses and structures, .
Offstreet Parking Requirements:
Same as required for C-2.
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
in addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two, (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
Sign Regulations:
Same as _oC C-2.
RT Fixed guideway rapid transit system development district.
This zoning district is authorized by the Board of County Commissione T of Metropolitan
Dade County by County Ordinance No. 78-74; adopted October 17, 1978, as amended and is included
here by reference as follows:
t
i
1 The late
st text of the Metropolitan Dade County Code should be consulted.
35 10803
"Sec. 33C-1. Legislative intent, findings and purposes.
The board of county commissioners for Metropolitan Dade County, Florida, hereby declares
and finds that the uncoordinated use of lands within the county threatens the orderly development
and the health, safety, order convenience, prosperity and welfare of the present and future
citizens of this county. Pursuant to Ordinance No. 75-22, the board adopted and accepted the
Comprehensive Development Master Plan for Metropolitan Dade County whereby it specifically
declared that it was the continuing policy of Metropolitan Dade County, in cooperation with
federal, state, regional and local governments, and other concerned public and private
organizations, to use all reasonable means and measures to:
(a) Foster and promote the general welfare;
(b) To create and maintain conditions under which man and nature can exist in productive
harmony; and
(c) To fill the social, economic and other requirements of the present and future
generations of citizens of Metropolitan Dade County, Florida.
The board further found that the Comprehensive Development Master Plan was enacted to assure for
all people of Dade County an attempt to create safe, healthful, productive and aesthetically and
culturally pleasing surroundings; to attain the widest range of beneficial uses of the
environment without unreasonable degradation, risk to the health or safety, or other undesirable
and unintended consequences, to preserve important historic, cultural and natural aspects of our
national heritage; to maintain, wherever possible, an environment which supports diversity and
variety of individual choice; to achieve a balance between population and resources which will
permit the high standards of living and a wide sharing of life's amenities, and to enhance the
quality of renewal resources and approach the maximum attainable recycling of depletable
resources. In furtherance of these goals and objectives, the board finds that the coordinated
review and analysis of its mass transit facilities is necessary to carry on a central
metropolitan government in Dade County, Florida. Coordinated review and analysis of the mass
transit system is susceptible to, and would be most effectively carried on, under the a uniform
plan of regulation applicable to the county as a whole. The planning of major transportation
facilities, combined with other plan implementation tools, can be effectively used in meeting
social, economic and environmental needs and in creating a major influence on metropolitan
development patterns and life styles. The capability of a transportation network, acting in
conjunction with other urban services to establish general development trends, is well
recognized. A maximum coordination of transportation and land use policy decisions is therefore
essential to optimize the role of transportation as a potent tool for implementing the desired
patterns of metropolitan development.
The board further finds that the Stage I Fixed -Guideway Rapid Transit System has, since
1973, undergone extensive planning, review, analysis, and engineering design efforts. The Stage
I system has received design approval from both the federal and state governments and is in the
process of final design, procurement and construction activities. The Stage I system, including
C proposed improvements in other forms of surface transportation facilities, represents a
.;i concerted, coordinated effort to improve not only the transportation facilities within Dade
County, but the overall quality of life enjoyed by citizens of and visitors to Dade County.
Finally, the Stage I system represents one of the largest public works projects ever undertaken
in Dade County and the Southeastern United States. As such, the Stage I Fixed -Guideway Rapid
Transit System may only be planned, engineered, implemented, and administered on a county -wide
basis, in a manner which will:
(a) Provide maximum opportunities for development to serve as financial assistance to the
system; and
(b) Provide incentives for joint development with the private sector.
Sec. 33C-2. Rapid transit zone.
(A) LLfinition. The "rapid transit zone" consists of all land area, including surface,
subsurface, and appurtenant airspace, heretofore or hereafter designated by the board of county
commissioners as necessary for the construction of the fixed -guideway portion of the Stage I
Rapid Transit System, including all station sites, parking areas and yard and maintenance shop
facilities.
(B) asiguction of Lands Included. The board of county commissioners hereby designates
all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1
through 16, bearing the following effective dates: Exhibits 1 through 9 and Exhibits 11 through
16, July 13, 1979, and Exhibit 10, May 26, 1983, certified by the clerk of the board as a portion
36 10803
of this chapter, incorporated hereby by reference, and transmitted to the custody of the Building
and Zoning Department, as the rapid transit zone for the Stage I Fixed -Guideway Rapid Transit
System. The director of the Dade County Building and Zoning Department shall submit to each
affected municipality an official map or maps designating the rapid transit zone which may from
time to time be altered, enlarged, added to, amended or deleted by ordinance, after a public
hearing within each municipality affected.
(C) Jw-isdictiot of Cbwzty. Jurisdiction for purposes of building and zoning approvals
(including, but not limited to, site plan approvals, issuance of building permits, building
inspections, compliance with the South Florida Building Code, issuance of certificates of
occupancy, zoning applications, special exceptions, variances, district boundary changes,
building and/or zoning moratoria, and all other types of functions typically performed by
building and/or zoning departments), water and sewer installations, compliance with environmental
regulations, street maintenance (including sidewalks where applicable) and utility regulation,
all of which related to the uses specifically delineated in subsection (D) below, shall be and
are hereby vested in Metropolitan Dade County regardless of any municipal code, charter, or
ordinance provisions to the contrary.
(D) Pemutted Land Uses. The following land uses are permitted within the rapid transit
zone and no others:
(1) Fixed guideways for the rapid transit system.
(2) Stations for the rapid transit system, including such uses as passenger platforms and
waiting areas, ticket and information booths, restrooms, utility rooms, instation
advertising displays, stairs, elevators, walkways, and other similar uses as are
necessary for the proper functioning of a rapid transit station.
(3) 'Parking lots and parking structures.
(4) Bus stops and shelters.
(5) Streets and sidewalks.
(6) Maintenance facilities for the rapid transit system, including yard and shops, and
associated tracks and facilities.
(7) Landscaping.
(8) Bikeways, parks, community gardening, playgrounds, power substations and other uses
necessary for the construction, operation and maintenance of the rapid transit
system.
(9) (a
(b)
(c
(d
Such other uses, including commercial, office and residential uses, as may be
appropriate to and compatible with the operation of the rapid transit system and
the convenience of the ridership thereof.
Subzones; development regulations, standards and criteria. In the
unincorporated areas of the rapid transit zone, subzones shall be created by
separate ordinances which shall become part of this chapter. Said ordinances
shall identify the boundaries of the individual subzones and shall establish
development regulations and site plan review standards and criteria for those
land uses permitted pursuant to subsection (9)(a) herein and approved pursuant
to subsection (9)(c) herein.
Requests for approval of development of those land uses permitted pursuant to
subsection (9)(a) herein within a subzone created pursuant to subsection (9)(a)
herein shall be made by filing an application in accordance with the provisions
of section 33-304. Said application shall be considered a special exception for
site plan approval to be considered and acted upon directly by the board of
county commissioners pursuant to the criteria established in section 33-311(d)
and the provisions of the applicable subzone.
Whenever uses authorized by subparagraph (a) above are proposed within portions
of the rapid transit zone passing through municipalities, the station area
design and development program process, a joint municipal -county program, shall
prepare proposed master plan development standards for such proposed uses. Such
proposed master plan development standards shall be submitted to the appropriate
municipality for review and adoption as the master land use plan for such uses.
Once adopted, said land use plans shall control all public actions involving or
affecting land use or development, including action on applications for zoning
relief. Amendments to said master land use plans shall be subject to the
procedures specified in this subparagraph. It shall be the duty of the clerk of
37
10863
the board of county commissioners to immediately transmit to the relevant
municipality a certified copy of the county commission's action in regard to the
uses provided for in this subsection. The municipality may seek judicial review
of the county commission's action in accordance with section 33-316, Dade County
Code.
(e) The uses provided in this subsection shall, where applicable, be subject to
municipal ordinances relating to occupational license taxes, and such taxes be
and they are hereby expressly reserved to such municipalities.
(E) Effect on &-isting Land Uses. All land areas included by this section within the
rapid transit zone upon which uses other than those specified in subsection (D) of this section
were authorized or permitted prior to the effective date of this section may be used as follows:
(1) Btisting structures. All existing buildings or structures and all uses for
which building permits have already been issued prior to the effective date of
this article and which have complied with the applicable provisions of the South
Florida Building Code, may be continued or constructed in accordance with the
approved plans and specifications therefor. Alterations, improvements, or
expansions of existing structures shall be subject to the provisions of
paragraph (2) hereof.
(2)All other lands. No applications for site or plan approvals and/or building
permits shall be issued for new facilities within the rapid transit zone except
in the following circumstances:
(a) The estimated construction cost does not exceed ten thousand dollars
($10,000.00) in any consecutive two-year period; or
(b) The office of transportation administration certifies that approval of the
application will not have an adverse impact upon a material element of the
stage I system. The office of transportation administration shall, with
respect to any application for which certification is refused, provide a
detailed written explanation supporting the refusal to certify and
specifying the corrective actions, if any, which would lead to
certification. The decision of the office of transportation administration
may be appealed to the board of county commissioners within thirty (30) days
from the date of the written explanation by filing a notice of appeal with
the clerk of the board of county commissioners. The board of county
commissioners, after giving public notice as required by Chapter 33 of the
Code, shall hear the appeal and either affirm, deny or modify the decision
of the office of transportation administration. Appeals from the board of
county commissioners' action shall be in accordance with section 33-316 of
this Code.
Sec. 33C-3. Rapid transit developmental impact committee.
There is hereby established a rapid transit developmental impact committee composed of the
county's developmental impact committee (established by section 33-303.1, Dade County Code) and
two,(2) representatives from each of the following municipalities: City of South Miami, City of
Coral Gables; City of Miami, and the City of Hialeah. The rapid transit developmental impact
committee- shall, subject to the procedures specified in section 33-303.1, Dade County Code,
Cperform the duties specified in section 33C-4 of this chapter.
Sec. 33C-4. Rapid transit developmental impact zone.
The rapid transit developmental impact zone consists of those lands in such close
<proximity to the rapid transit system as to have a significant impact thereon. The station area
design and development program (authorized by Dade County Resolution No. R-829-77), a joint
municipal -county program, shall prepare proposed development standards for the rapid transit
developmental impact zone. Such proposed development standards shall be submitted to the rapid
transit developmental impact committee established by section 33C-3 of this chapter for review,
comment and any 'recommendations. The rapid transit developmental impact committee report,
4 including the proposed development standards, shall be submitted to the appropriate municipality
or, in the unincorporated areas, to the county for review and adoption as the land use plan for
developments within the rapid transit developmental impact zone. Once adopted, said land use
plans shall control all public actions involving or affecting land use or development, including
action on applications for zoning relief, within the rapid transit developmental impact zone.
Amendments to said land use plans shall be subject to the procedures specified in this section.
The county may seek judicial review of any official municipal acts relating to lands within the
rapid transit developmental impact zone.
38 10863
Sec. 33C-5. Guideway aesthetic zone.
LL,finitioiz: The guideway aesthetic zone consists of those land areas designated by the
board of county commissioners which area adjacent to or within the rapid transit development
impact zone. Said lands (include those land areas which] are within the line of sight of the
rapid transit system fixed guideways and stations and upon which and developments and/or
structures (specifically including billboards) will deleteriously affect the aesthetic impact of
the rapid transit system.
DIVISION 6. COMMERCIAL SIGNS ON RAPID TRANSIT SYSTEM RIGHT-OF-WAY
Sec. 33-121.20. Definitions.
(a) .Rapid tlxMit systen right-of-uW shall mean an official map designating outside
boundaries for the fixed -guideway rapid transit system for Dade County, Florida, which may from
time .to time be amended. The rapid transit system right-of-way map shall be so designated and
recorded and on file in the public records of Dade County, Florida.
(b) 4plicable regulatioss shall mean any pertinent zoning, building or other regulations in
effect in the incorporated or unincorporated areas of Dade County or the State of Florida.
(c) A otected areas shall mean all property in Dade County within three hundred (300) feet of
the right-of-way of any rapid transit system right-of-way.
(d) Sign shall mean any display of characters, letters, illustrations or any ornamentation
designed or used as an advertisement, announcement or to indicate direction.
(e) &ect shall mean to construct, build, rebuild (if more than fifty (50) percent of the y
structural members involved), relocate, raise, assemble, place, affix attach, paint, draw, or in
! any, other manner bring into being or establish.
(f) ?btporary sign shall mean signs to be erected on a temporary basis, such as signs
advertising the sale or rental of the premises on which located; signs advertising a subdivision
of property; signs advertising construction actually being done on premises on which the sign is
located; signs advertising future construction to be done on the premises on which located and
special events, such as public meetings, sporting events, political campaigns or events of a
similar nature.
(g) rbin t of sale sign shall mean any sign advertising or designating the use, occupant of
the premises, or merchandise or products sold on the premises.
I (h) (Iddoor advertising sign shall mean any sign which is used for any purpose other than
that of advertising to the public the legal or exact firm name of type of business conducted on
the premises, or of products or merchandise sold on the premises; or which is designed and
( displayed to offer for sale or rent the premises on which displayed, or the subdivision of such
premises, or present or future construction or development of such premises, or advertising
special events, and which shall constitute an outdoor advertising sign. Outdoor advertising sign
shall not include a sign which is erected inside a building for the purpose of serving the
persons within the building.
Sec. 33-121.21. Applicability.
This division shall apply to both the incorporated and unincorporated area. Any
municipality may establish and enforce equivalent or more restrictive regulations, as such
municipalitymay deem necessary.
Sec. 33-121,22. Signs prohibited in protected areas.
It shall be unlawful hereafter for any person, firm or corporation, or any other le al
entity, to erect, permit or maintain any sign in protected areas, exce t as g
hereinafter. p provided for
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Sec. 33-121.23. Exceptions to sign prohibition.
Erection of the following signs shall be permitted in protected areas, subject to the conditions
and limitations listed herein and further, subject to other applicable regulations where such
regulations are more restrictive or more definitive than the provisions of this division and are
not inconsistent therewith:
(a) Temporary signs which are located and oriented to serve streets other than a rapid
transit system, and are located at least one hundred (100) feet from the rapid transit
system right-of-way, except that such signs may serve and be oriented to a rapid transit
system if the. property concerned abuts the rapid transit system right-of-way and is not
served by a parallel rapid transit system service road or is abutting the rapid transit
system right-of-way and has direct, permanent legal access to the rapid transit system.
In no event shall any temporary sign be larger than one hundred twenty (120) square feet.
(b) Point -of -sale signs which are located on and oriented to the frontage on the street which
provides actual and direct access to the front or principal entrance of the place of
business; however, on corner lots a second detached point -of -sale sign will be permitted
provided that the same is not larger than forty (40) square feet, is located on and
oriented to the street frontage of the street other than the one serving the principal
entrance of the place of business. "Oriented", in connection with point -of -sale signs,
shall- mean, in the case of detached signs, placed at a 90-degree angle to the street
being served; in the case of roof signs, parallel to and fronting such street and within
the front twenty-five (25) percent of the building concerned; and in the case of pylon
signs, within the front twenty (20) percent of the building concerned. Wall signs within
two hundred_ (200) feet of a rapid transit system shall be confined to the wall of the
building containing the principal entrance, except that a wall sign may be placed on one
other wall of such building and shall be limited to ten (10) percent of such other wall
area. In no event shall any detached point -of -sale roof sign shall be erected which is
grater in height above the roof than ten (10) feet.
(c) Outdoor advertising signs shall not be erected for the purpose of serving any rapid
transit system, and outdoor advertising signs in protected areasshalt be. erected and
oriented to serve only streets other than rapid transit systems, subject to the following
conditions:
(1) That in no event shall any outdoor advertising sign be erected or placed closer than
three hundred (300) feet to the right-of-way lines of any rapid transit system.
(2) That outdoor advertising signs shall be erected and placed only in business and
commercial (not including industrial) zoning districts which permit outdoor
advertising under the applicable zoning regulations of the county or municipality
having jurisdiction.
(3) That no outdoor advertising sign shall be erected that is larger than fifteen (15)
` feet in width and fifty (50) feet in length, whether single or multiple boards.
(4) That no detached outdoor advertising sign shall be erected which is more than twenty-
five (25) feet above the average existing grade of the site on which such sign is
erected or the flood criteria elevation (if property is filled to such elevation),
whichever is the greater; nor shall an outdoor advertising roof sign be erected which
is more than twenty (2) feet above the roof.
(5) That no advertising signs shall be erected or placed within three hundred (300) feet
another outdoor advertising sign, such distance to be measured in all directions from
the outermost edges of such sign.
(6) That no outdoor advertising sign shall be erected or placed within one hundred (100)
feet of any church, school, cemetery, public park, public reservation, public
playground, state or national forest.
(7) That outdoor advertising signs shall be erected and placed at right angles to the
street which they are serving and shall be located within the front seventy (70) feet
of the lot or tract on which erected.
(8) That no outdoor advertising signs shall be erected or placed on a street dead -ended
by the rapid transit system, between the rapid transit system and the first street
running parallel to the rapid transit system and on the same side of the dead-end
. street, even though such distance may be greater than three hundred (300) feet.
40 10863
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(9) That outdoor advertising signs shall be erected and placed only on property
conforming in size and frontage to the requirements of the zoning district in which
it is located, and detached outdoor advertising signs shall not be erected on
property already containing a use or structure.
(10)That detached outdoor advertising sign structures shall be of the so-called
cantilever -type construction (double-faced sign, both faces of the same size, secured
back to back on vertical supports with no supporting bracing).
(d) Any sign which fails to conform with the provisions of this division but is not visible
from any rapid transit system due to an intervening obstruction.
Seca 33-121,24. Nonconforming signs.
(a) Signs which have been erected prior to the effective date of this division may continue
to be maintained until January 1, 1984. Thereafter, unless such signs conform to the provisions
of this division, they shall be removed. If a nonconforming spacing situation can be eliminated
by the removal of one (1) sign, the sign which has been erected for the longest period of time
shall have priority.
(b) (If) any sign [be] legally erected, permitted or maintained subsequent to the effective
date of this division, which is not in violation of this division but upon the opening for public
use of a rapid transit system or applicable portion thereof becomes nonconforming, the same may
continue to be maintained for a period of three (3) years from the day of such opening, provided
on or, before the expiration of the three-year period, the nonconforming sign must be removed;
provided any sign which is exempt from the provisions of this division pursuant to (d) of section
33-121:23 hereof, but subsequently becomes nonconforming due to the elimination of the
obstruction preventing its visibility from a rapid transit system, must be removed within three
(3) years from the time of the elimination of such obstruction; further provided, after the
effective date of this amendment any sign erected, permitted or maintained after a future rapid
transit system right-of-way has been designated by the recording of a rapid transit system right-
of-way map in the public records of Dade County, Florida, which becomes nonconforming due to the
completion of such rapid transit system shall be removed within thirty (36) days after such rapid
transit system or applicable portion thereof is opened for public use.
Sec. 33-121.25. Variances.
No variances shall be granted through provisions of applicable regulations which will in
any way conflict with or vary the provisions of this article.
Sec. 33-121.26. Penalty; injunctive remedy.
Any person violating any of the provisions of this division shall be punished by a fine
not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a period
not to exceed sixty (60) days, or by both such fine and imprisonment, in the discretion of the
metropolitan court. Any continuing violations of the provisions of this division may be enjoined
I and restrained by injunctive order of the circuit court in appropriate proceedings instituted for
( such purpose.
I
Sec. 33-121.27. Repeal clause.
All county and municipal ordinances, county and municipal resolutions, municipal
charters, special laws applying only to Dade County or any municipality in Dade county, or any
general laws which the board of county commissioners is authorized by the constitution to
supersede, nullify, modify or amend, or any part of such ordinance, resolution, charter or law in
conflict with any provision of this division, is hereby repealed."
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ARTICLE 5. PLANNED IM DEVELOPMENT
Sec. 500. Application of regulations; intent.
-poses of these --egulations as planned development housing (P8 11) districts and
It is the intent of this article that planned ypjt development and redevelopment be
encouraged and that the provisions of this article be utilized as an aid in providing:
(1) greater flexibility in the pattern of development;
(2) improved level of amenities;
(3) appropriate and harmonious variety in physical development;
(4) creative design; and/or
(5) improved environment.
It is intended for the planned unit development in residential housing districts that in
addition to other policies and limitations set out in this ordinance and the Miami Comprehensive
Neighborhood Plan, consideration shall be given to:
(a) General housing needs in the city as a whole,
(b) Housing needs in the neighborhood in which the development is proposed, and
(c) The need for particular types of housing.
In such consideration, due weight shall be given to availability of existing housing supply
for which there is evident need in view of age and economic characteristics of the population,
and to the amount and types of potential new housing under building permits issued and plans for
development.
Planned unit development mixed as in commercial districts are planned development for the
establishment of compatible combinations of residential with commercial and/or office uses and
supporting facilities.
In addition to the already set out regulations, it is intended for the
Planned Unit Develoament5
(a) That residential occupancies shall be separated from major vehicular traffic flows in
order to protect privacy and tranquility.
(b) That commercial and service uses shall be concentrated for pedestrian convenience and
`located for easy access by residents, workers and visitors of the district.
PJD districts may hereafter be established only by the filing of an application for review
and approval as specified for Major Use Special Permits and only within any zoning district in
which residential or more permissible uses are permitted. Intensity of development in P.UD
tFistricts shall be governed by the Miami Comprehensive Neighborhood Plan and the district
requirements where it is located, except this necessary relaxation to meet the "intent".
Sec. 501. Planned unit development dish-ict,.generally.
For purpose of these regulations, a planned unit development is: land under unified
control, to be planned and developed as a whole.
(a) for principal and accessory structures and uses substantially related to the character
and purposes of the district;
(b) according to comprehensive and detailed plans that include not only streets, utilities,
lots or building sites and the like, but also site plans, floor plans and elevations
for all buildings as intended to be located, constructed, used and related to each
other, and detailed plans for other uses and improvements on the land as related to the
buildings;
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(c) with a program to provide operation and maintenance of such areas, facilities and
services for common use by the occupants or visitors to the district. These services
shall not be provided at general public expense.
Sec. 502 P.UD districts; minimum area, maximum densities and maximum floor area ratios
permitted.
(a) Planned unit developments shall have a minimum gross lot area of 50,000 square feet.
(b) Densities for the planned unit development housing in residential districts -aHowed are
as follows:
R-1 nine (9) dwelling units per net acre.
R-2 eighteen (18) dwelling units per net acre.
R-3 -fvrtp-{" -sixty five (65) dwelling units per net acre.
R-4 one hundred fiftv -FteO _= dwelling units per net acre.
(c) An increase in floor area ratio of up to 20 percent over that allowed by the underlying
district, when allowed under the limitations of the Miami Comprehensive Neighborhood
Plats, i" -eW _in effect at time of Mli .Minn,
Sec. 503. Procedures.
Application for review and approval shall be submitted as specified for major use special
permit. _(See article 17).
Sec. 504. Principal and accessory uses and structures permitted generally for planned 3LO t
development housing in residential districts.
504.1. Principal uses and structures allated for planned =U deuelogn ent housing in residential
4 districts:
�• The following uses and structures may be allowed:
.(a) Dwellings, one -family, two-family, and multi -family; detached and attached; residence
j hotels, apartment hotels, and other facilities containing lodgings other than for
transients, except as permitted as accessory uses and sub.iec to he Miami
Comprehensive Neighborhood Plan in effect at time of application.
I:
i (b) Noncommercial social, recreational, and cultural facilities such as neighborhood or
game rooms, libraries, golf courses, swimming pools, marinas, tennis courts, and the
like in connection with the planned development.
(c) Structures and uses required for the operation of a public utility, performance of a
governmental function, or performance of any function necessary for the planned unit
development.
504.1.1. Principal uses and structures allayed for plauuied wiU deuelepnaat inixed
ammccial districts.
Same as -per required in C-1 district,.
504.2.. .Accessory uses and structures allated in planned =U deuelop?Lant .
residential districts.
Those uses and structures that are customarily accessory and clearly incidental to principal
uses and structures, provided that at time of issuance of " Major Use Special Permit in a multi-
family building or closely related complex of multi -family buildings having a total of at least
one hundred (100) dwelling units, convenience establishments may be permitted under section
906.7, provided that floor area occupied by all such establishments shall not exceed an amount
equal to ten (10) percent of the residential floor area of such a development, shall not be
permitted on public streets, shall only be for the use of residents and their guests, and shall
be for the exclusive use of the planned development.
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( 504.2.1. Linutations on signs. Signs for purposes of identification only shall be limited
to one (1), not exceeding ten (10) square feet in surface area. Signs should respect
the architecture of the building and be placed subordinately and harmoniously to the
structure. Not more than one (1) sign, shall be permitted; Where more than one (1)
such establishment is located in the same building or on the same premises, signs as
above shall be permitted for each not to exceed ten (10) square feet in area. No such
j sign shall extend above or more than six (6) inches beyond the wall of the building.
504.2.2. Lighting. To be used only during hours of operation. No lighting shall be
directed in a manner which illuminates adjoining residential buildings, and no source
of incandescent, mercury vapor, or similar illumination for the premises shall be
directly visible from any residential building or from any street.
504.1.8. 1burs of operation. Convenience establishment shall be open for business only
between the hours of 7:00 a.m. and 11:00 p.m.
504.3. Accessory uses cod structures for planned writ deuelop»aat mixed—asfor commrcial
districts.
Uses and structures which are customarily accessory and clearly incidental to principal uses
and structures may be permitted, subject to limitations and other lawful regulations applying
thereto..
In connection with residential uses in waterfront property, wet dockage or moorage of major
private pleasure craft shall not exceed one (1) per dwelling unit for the use of the residents
only.
`Seca 505. Uses.adjacent to residential districts, generally.
Wherry a PS1D dishrct--adjoin is located within a residential district minimum yard
requirements shall be that of the underlying district. No intens.4ye 'ec'eationsi use Of
offstreet parking shaii be permitted within twenty (201—feet of the district boundtrrr.
Sec. 505:i.S Height limitqations, generally.
Height limitations shall be similar to the underlying district regulations.
Sec. 505.Pl. Signs visible from outside P.UD housing in residential districts.
A maximum of two (2) identification signs may be erected within such districts with total
combined maximum surface area of fifty (50) square feet, at each principal entrance. In
addition, during the process of construction and initial sale or rental within such development,
temporary announcement signs may be allowed by Class I Special Permit only, for periods not
j exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional
years.
j Such temporary signs shall not exceed two (2) with combined maximum surface area of forty
(40) square feet for each principal entrance. Such signs shall be located at least ten (10) feet
in from any property line, and oriented for minimum adverse effects on adjoining or facing
residential property. Location shall be further governed by requirements for vision clearance at
intersections as set out at section 908. 908.11.
505-.O.Y J,, Signs limitations at IDLtnixed use districts.
Limitations on signs shall be as for C-1 restricted commercial districts except as provided
below:
1. In addition to signs permitted or conditional under C-1 regulations, one (1) sign
structure, not exceeding thirty-five (35) feet in height, and having not more than two
(2) sign surfaces, may be erected along each principal street frontage from which there
is a major entrance, to identify the development as a whole. Such signs may indicate
the establishments, activities, and facilities within the development, but shall not
�., include other advertising. Each such sign surface may have a minimum area of forty
(40) square feet, plus one (1) square foot for each two and one-half (2-1/2) feet by
which the frontage involved exceeds one hundred (100) feet, up to a maximum of one
hundred (100) square feet per surface.
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ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 600. Intent.
It is the intent of these regulations to permit creation of SD Special Districts:
(a) In general areas officially designated as having special and substantial public
interest in protection of existing or proposed character, or of principal views of,
from, or through the areas;
(b) Surrounding individual buildings or grounds where there is special and substantial
public interest in protecting such buildings and their visual environment; or.
(c) In other cases where special and substantial public interest requires modification
of otherwise applicable zoning regulations for the accomplishment of the special
public purposes for which the special public district is established.
It is further intended that such districts and the regulations adopted for them shall be
in accord with, and promote the policies set out in, the Miami Comprehensive Neighborhood Plan
and other officially adopted plans in accordance therewith.
Sec. 600.1. Reserved.
Sec. 600.2. Effect of district designation SD.
Such SO districts may either:
(a) Supplant districts or portions of districts existing at the time of creation of a
particular SD district, or
(b)
Sec. 600.3.
Sec. 600.4.
Have the effect of modifying requirements, regulations, and procedures applying to
the extent indicated in the particular SO amendment.
Reserved.
Preparation of recommendation for specific SD zoning; contents of recommendations.
Recommendations for creation of SD zoning districts shall be prepared only by the
department of planning or the planning advisory board, in their own motions or at the direction
of the City Commission. Each recommendation shall identify the proposed zoning by the SD prefix
and a number identifying the particular district, as for example SD-1, together with whatever
other identification appears appropriate, and shall contain information and proposals as
indicated below concerning the areas, buildings, and/or premises proposed for such regulation:
` 600.14.1. Statmmt of intent.
The SD zoning district shall include a statement of intent, specifying the nature of the
special and substantial public interest involved and the objectives to be promoted by special
regulations and/or procedures within the district as a whole, or within subareas of the district,
if division into such subareas is reasonably necessary for achievement of regulatory purposes.
600.4.2. oposed district boundaries.
The recommendations shall include a map or maps and pertinent supplementary material
indicating as applicable:
f;
(a) The boundaries of the SD district and any subareas, if any, established within the
district for purposes of SD regulations.
t
(b) The zoning designations of all portions of underlying districts if any, which will
remain after SD zoning is superimposed. Where it is proposed to change the
t boundaries or zoning designation of remaining underlying districts affected in the
same action by which SD zoning is applied, the map shall show the nature and
t location of such change.
45 10863
600.4.3. r*gulations.
i,
The regulations shall be designed to promote the special purposes of the district, as set
f
out in the statement of intent.
600.4.4 Requirenwts concerning special cppr'owls.
The regulations may require special review of development plans by the department of
planning, city boards, the City Commission, or other officials or agencies of the city. In
specified classes of development where the Ong Director of Planning. Building and Zonina is
required to obtain the advice and recommendations of the Urban Development Review Board or Latin
Quarter Review Board in connection with Class II Special Permit approval, if either fail to act
due to lack of quorum within the specified time limitations for Class II permit review, the
Planning Director of Planning. Building and Zoning may proceed without such advice and
recommendations. Where special approval or special permit is required, no building permit or
certificate of occupancy or use shall be issued until after written approval, or for development
other than that in accord with approved plans and instruments involved.
Sec. 600.5. Procedures for adoption of SD amendments.
Subject to such additional requirements as are set out under this article, adoption of SD
amendments shall be by the same procedures as for amendments generally, as set forth in article
22.
46
10863.
Sec. 601. SD-1 Martin Luther King Boulevard commercial bver}ay district.
j:
Seca 601.1. Intent.
This district is of special and substantial public interest because of the need to develop and redevelop in a manner improving
amenity, efficiency and security. These regulations are
intended to encourage concentrations of commercial and service facilities
at intersections of
arterial streets, encourage residential development above such facilities and in
areas away from
such intersections and to provide the development and design opportunities inherent in larger
site areas.
Sec. 601.2. Effect of SD-1 district designation.
The.effect of these SD-1 regulations shall be to modify regulations within portions of other
zoning districts included within the SD boundaries
to the extent indicated herein.
Sec. 601.3. Class II Special Permit.
601.3,1. Wien required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk,
location or exterior configuration of
any existing building visible from the right-of-way; or for the erection
of any new building; or
for the location, relocation or alteration of any structure, parking area or vehicular way
visible from a public
street.
601.3.2. ' Cbnsiderations in nuking Class 11 Special .Pemri t detenninat ions.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of this district,
with the general considerations listed in section
1305,_and with the special considerations listed below.
I. All signs, awnings and storefront renovations shall be of a style and/or size which
is consistent with the existing or adjacent building
styles and/or storefront designs.
2. Wherever feasible, lot frontage along Martin Luther King Boulevard and N.W. 7th
Avenue should be developed in accord with design
standards and auid.r;►,p�
Tatttwaps in the "City of Miami Primary Pedestrian Pathway Design Standards and Guidelines".
Sec. 601.4. Principal uses and structures.
j
Except as required in section 601.4.1 permitted principal uses and structures shall be as
e u' ed for,
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`
601.4.1. Limitation on Uses.
601.4.1.1. Limtations on uses near specified intersections of arterial streets.
Lots with frontage Martin
on Luther King Boulevard, where the front abutting lot
line is entirely within three hundred (300) feet from
the intersections with 7th,
12th or 17th Avenues North, at least fifty (50) percent of ground level frontage on
the boulevard shall be used for retail or office uses.
601.4.1.2. Limitations on outdoor uses. All commercial, sales, display and
service activities shall be
within completely enclosed buildings except for plant
nurseries; outdoor dining areas; arts and crafts exhibits, including demonstrations
and performances; flowers; plants and shrubs; objects of art; and handicrafts; mass
produced items under
certain conditions; and by Class I Special Permit, produce and
foods.
601.4.2. Penni tted only by special peimi t.
Uses and structures permitted and -permitted shall be as for C-1. In addition:
1. By Class I Special Permit only, establishments for sale of secondhand merchandise,
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47
2. By special exception only, bars, saloons, taverns, private clubs, lodges, supper
clubs, night clubs, fraternity or sorority houses, pool and/or billiard halls.
3. By Class I Special Permit only, parking garages and commercial parking lots and
L temporary revival churches.
4. By Special Exception only, rescue missions.
5. By Class II Special Permit, only, open air sales and other uses not covered in
601.4.1.2.
6. By Class I Special Permit, mass produced items ,
Sec. 601.5. Reserved.
Sec. 601.6. Minimum lot requirements.
Minimum.lot requirements shall be as follows:
1. For residential uses only, not involving mixtures with other uses, minimum lot width
and area shall be as -require d for the R-1 district.
2. For other uses, as_reguired for the ande. iy ing districts,
Sec. 601.7. Floor area limitations.
j Limitations in floor area shall be as required for the ande, iying dist, Ste.
i.
I
Sec. 601.8. Minimum Open Space Requirements.
Within the SD-1 district, minimum open space requirements shall be as follows:
1. For residential uses, without mixtures of other uses, as required for R-1.
2. For nonresidential or mixed uses: front yard, street side yards: Front and side
street yards shall be ten (10) feet except adjacent to Martin Luther King Boulevard,
where a front yard not less than ten (10) nor more than twenty (20) feet in depth
shall be provided. Similar yards shall be required where sides of lots adjoin
streets intersecting Martin Luther King Boulevard in the area described at section
601.4.1.1. All such yards shall be landscaped and shall not be used for offstreet
parking, but driveways equal in maximum width to twenty-five (25) percent of the
width of the lot (or depth where such yards adjoin at the side) may be permitted to
cross such yards.
Sec. 602. SD-2 Coconut Grove central commercial district.
Sec. 602.1. Intent.
Within the commercial center of Coconut Grove, it is of special and substantial public
interest to strengthen unique historic and cultural character by regulations encouraging retail
and service development with strong pedestrian orientation. It is further intended to encourage
innovative site planning and architectural design, and to create opportunities for combining
residential and nonresidential uses in a pattern minimizing potential adverse effects of such
combinations.
Sec. 602.2. Effect of SD-2 district designation.
The effect of these SD-2 regulations shall be to supplant district regulations within
portions of other zoning districts included within the SO boundaries to the extent indicated
herein.
Sec. 602.3. Class II Special Permit.
602.3.1. Wm required.
A Class II Special Permit shall be required prior to approval of any permit (except
special permits pursuant to article 13) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or alteration of any structure, parking area or vehicular way or sign
visible from a public street.
Sec. 602.3.2. Considerations in nuking Class II $ecial Perot determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
section 1305, and with the special considerations listed below.
On primary pedestrian pathways as shown on the zoning atlas, design guidelines in t
-N the "City of Miami Primary Pedestrian Pathway Desion Standards and Guidelines" shall apply.
Sec. 602.4. Permitted principal uses and structures.
Except as required in section 602.4.1, permitted principal uses and structures shall be
the same as permitted for C-1.
602.4.1. Principal uses penni tted on ground floor framtage of prinw-y pedestrian patl:tays.
602.4.1.1. Oily the follauing principal uses shall be pennit,ted on the ground floor frontage of
pedestrian streets. r=
2.
Retail establishments, as follows: Antique stores, art stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public;
china and crockery stores; drugstores; florist, including plant and shrub sales
food stores, including bakeries, confectioneries, delicatessens, fruit and
vegetable markets, groceries, ice cream stores, meat or fish markets; gift shops;
hardware stores; hobby shops; home appliance stores; interior decoration supply
stores (but not general furniture stores); establishments for'sale of marine
accessories (but not sale of boats involving outdoor display or storage within the
district); jewelry stores; news stands; office supply stores; optical goods
stores; package liquor stores (without drive-in facilities); pet shops;
photographic supply stores; variety and sundry stores; establishments for sale of
wearing apparel. Such establishments may provide incidental repair, maintenance,
adjustment or alteration services as appropriate, but facilities, operation and
storage in relation to such services shall not be visible from any street or
street -related pedestrian open space. Aside from antique stores, art galleries,
book stores, and jewelry stores, no such retail establishments shall deal in
secondhand merchandise.
Service establishments, including barbershops and beauty parlors; health spas or
studios; laundry and dry cleaning agencies or establishments, including those coin
49
J0863
operated facilities with rated capacity limited to twenty-five (25) pounds per
machine, five hundred (500) pounds total, for laundry, and ten (10) pounds per
machine, forty (40) pounds total, for dry cleaning; letter, photostat and
duplicating service; locksmiths; photographic service; shoe and leather goods
repairs; tailoring, dressmaking, millinery or drapery fabrication, except where
products are for off premises sale.
3. Production of handicrafts (but not mass produced items) incidental to sale at
retail on the premises.
4. Restaurants, tea rooms and cafes, except drive-in, including those with dancing
and live entertainment and with outdoor dining areas, subject to limitations
indicated for Buffer overlay districts.
5. Bars, saloons and taverns, private clubs, and supper clubs, including those with
dancing and live entertainment, are permitted in such ground floor locations along
pedestrian streets or elsewhere within this district only by special exception,
and only subject to limitations on Buffer overlay districts.
6. Commercial recreational establishments such as pool halls, billiard parlors and
game rooms.
7. Theaters.
8. Publicly owned or operated recreational facilities, neighborhood centers, art
galleries, museums, -libraries and the like, and similar privately owned facilities
not operated for profit.
i All sales, display and service activities of uses permitted above shall be contained
within completely enclosed buildings, except that in open space or partially open space there may
be outdoor 'dining areas; exhibits and sale of arts and crafts (other than those involving mass
produced items); of flowers, plants and shrubs, involving display and sale; and vegetables,
produce, citrus or other unpackaged foods involving sale and display, subject to applicable state
health regulations.
602.4.1.2. The follcuing rules shall apply concerning extent and location of the follauing uses
on ground floor frontage of pr#m y pedestrian pathca,ys:
1 1. On corner lots adjoining pedestrian streets on two (2) exposures, limitations as to
the uses permitted on ground floor frontage shall apply.
2. The frontage of a lot on a pedestrian street shall be occupied at the ground floor
level by uses permitted under the limitations of section 602.7a-14.1.1 for at least
sixty-five (65) percent of lot width.
Sec. 602.5. Permitted accessory uses and structures.
f
I,
I Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a separate Class II Special
Permit. No above ground offstreet parking or loading areas shall be permitted between any front
portion of a building and the front line of a lot adjoining a pedestrian street.
Sec. 602.6. Minimum lot requirements.
602.6.1. Mcninun lot require=ts.
1. For residential uses only, not involving mixtures with other uses, minimum lot width
and area shall be as for R-3 districts.
2. For other uses, shall be as for C-1 districts.
Sec. 602.7. Floor area limitations.
f
602.7.1. Floor area limitations for canbination residential or nonresidential use in a
{ building.
Except as modified by section 602.7.2. below:
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I
i
1. The maximum floor area ratio for residential or nonresidential use in a
building shall not exceed eighty -six -hundredths (.86) times the gross lot
area.
2. Mixed use buildings: The maximum floor area for combination residential and
nonresidential use in a building shall not exceed one and twenty -one -
hundredths (1.21) times the gross lot area.
602.7.2. Allacable increase in floor area for buildings prouiding certain st porting
uses; l irni tatio ns.
The maximum floor area shall be increased in conformance with the following
provisions and limitations:
1. Underground and/or enclosed parking: When 75 percent of required onsite
parking is provided in an underground parking structure or in an enclosed
above grade parking structure (with automobiles screened from view) the floor
area ratio shall be increased fifteen -hundredths (.15) times the gross lot
area.
2. Open spacer For each one (1) percent of open space that a building provides
over the required amount of open space, the floor area shall be increased by
fifteen -thousandths (.015) times the gross lot area not to exceed a total of
four -tenths (A) times the gross lot area.
3. Community theaters: For each one (1) gross square foot that a building
provides for a theater for the performing arts, the floor area shall be
increased by four (4) square feet.
Sec. 602.8. Minimum open space requirements.
602.8.1. 114ni7rat yam, except for balconies chid tunings. Except as required in
specified locations, setbacks adjacent to streets shall be at least five (5) feet
in depth.
Sec. 602.9. Maximum height.
Height within this district shall be limited to fifty (50) feet.
Sec. 602.10. Minimum offstreet parking.
Minimum offstreet narkina shall be as reauir rl for C-1 district,
unless otherwise indicated for the a particular use.
1. Location of nonresidential offsite parking shall be permitted anywhere within the
district as -provided -at subject to all other limitations of section 918, but without
j any demonstration or required finding as to practical difficulties or hardship in
providing required parking onsite.
2. In any mixed use development including a theater, spaces required for other
nonresidential uses may be credited toward meeting requirements for the theater to
the extent justified by timing of peak demands, by a Class II Special Permit.
3. Where outdoor areas are regularly used for display and sales, or as dining areas, the
floor area shall be exempt from offstreet parking requirements.
Sec. 602.11. Limitations on signs.
No signs intended to be read from off the premises shall be permitted erected except as
provided below:
602.11.1. General Lh7d tat ions.
602.11.1.1. F1-oltibited signs. Billboards, poster panels, ground or freestanding signs
and other outdoor advertising signs shall be prohibited in this district. Other
}. offsite signs shall be prohibited except for temporary civic and political campaign
k., signs or except when signs are posted on community or neighborhood bulletin boards
,'. or kiosks, in accordance with limitations and regulations relating thereto at
51 10863
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section 925.3.10 and those applied in special permit proceedings on particular
community or neighborhood bulletin boards or kiosks.
6D2.11.1.2. Signs »tare than fifteen gr ,
feet above nrle l uni tat ions ova limber, area,
l subject nutter. Signs erected with their lowest portions more than fifteen (15)
feet above grade shall be limited to those identifying the building and the nature
of the establishments it contains. Only one (1) such sign, not exceeding fifty
(50) square feet in area, for every 150 feet of length of building wall shall be
permitted for each face of the building oriented toward the street.
602.11.1.3. Signs fifteen feet or less above grade, 1 inti tctions on limber and area.
Wall signs (not including signs in glassed areas of windows or doors) and
projecting signs erected with their highest portion fifteen (15) feet or less above
grade shall be limited in total area to twenty (20) square feet, except as
otherwise specifically provided herein. Signs in the glassed areas of windows and
doors shall not exceed twenty (20) percent of the glassed area of the window or
door involved. One (1) ground sign, limited to ten (10) square feet in area, may
be erected for buildings on lots where the street yard exceeds twenty (20) feet in
depth.
602.11.2. Zktailed limitations, uall signs, projecting signs, nurguee signs, tdndav signs.
Within the twenty (20) square feet maximum allowable at or below fifteen (15) feet above
grade, the following limitations shall apply to number and area of signs. Not more than one (1)
wall sign may erected per establishment and maximum area of any such sign shall be twenty (20)
square feet. Not more than one (1) projecting sign, other than a marquee sign, shall be erected,
with not to exceed two (2) sign surfaces, neither of which shall exceed ten (10) square feet in
area. No such sign structure shall extend more than three (3) feet from the wall of the
building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet
in sign area.
k
602.11.3. Real estate signs, caastruction signs, development signs, timber and area.
Real estate, construction or development signs, individually or in combination,
limited to one 1 n, shall be
( ) per street frontage, not exceeding ten (10) square feet in area, and erected
with the; highest portion fifteen (15) feet or less above grade. Real estate signs which are not
part of construction or development signs shall not require a special permit.
602.11.4. Directional signs, ntnber and area.
Directional signs, which may be combined with address signs but shall bear no advertising
matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1)
such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or
parking area.
602.11.5. Cbmzutity or neighborhood bulletin boards or hiosles, area card location.
Area and location of community or neighborhood bulletin boards or kiosks shall be
( determined at the time of special permit proceeding.
602.11.6. Addi tianal twill signs for theaters, nusetms, noncamVi-cial art galleries.
In addition to signs permitted above, theaters, museums, noncommercial art galleries and
the. like may have wall sign areas for display of announcements concerning coming or current
exhibits or performances. Area of such display surfaces shall not exceed two (2) square fat for
each lineal foot of building wall frontage on a street, with maximum permitted area two hundred
(200) square feet.
602.11.7.- 4xcial pemu t requirewats, specified types of signs.
Except- where such signs are approved in connection with general special permit actions
concerning development on the premises, a Class II permit shall be required for the following
signs: Permanent window or door signs, projecting signs, marquee signs, development signs,
(f construction signs, directional signs, community or neighborhood bulletin boards or kiosks, and
wall sign display areas for theaters, museums, noncommercial art galleries and the like.
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Sec. 603. SD-3 Coconut Grove major streets overlay district.
Sec. 603.1. Intent.
Within Coconut Grove, a number of subareas along major streets are o ` f special and
substantial public interest because of unusual architectural and natural features. It is the
intent of these special district regulations that future public and private development shall
respect and enhance this character, preserving property values and enhancing Coconut Grove's
desirability as a place to live and work. These special regulations are intended to apply to
highly visible area strategically located along major streets in the community, to protect
against inappropriate height, discordant or incongruent design, disturbance of natural features,
and to encourage development in such portions of the community in a manner appropriate to
preservation of its unique physical, cultural and historic heritage.
Sec. 603.2. Effect of SD-3 district designation.
The effect of these SD-3 regulations shall be to modify regulations within portions of
other zoning districts included within the SO boundaries to the extent indicated herein.
Sec. 603.3. Class I and Class II Special Permits.
603.3.1. Men required.
A Class II Special Permit shall be required prior to approval of any building permit
.affecting the height, bulk, location or exterior configuration of any existing building; or for
the erection of any new building. A Class I Special Permit shall be required prior to approval
of any building permit for the location, relocation or alteration of any parking area or
vehicular way that would be visible from a public street.
j 603.3.2. Cbnsiderations in nuking special pemri t detemunations.
The of the special
purpose p permits shall be to ensure conformity of the application
with the expressed intent of this district, with the general considerations listed in section
1305, and with the special considerations listed below.
�,- 1. Proposed improvements shall be related harmoniously to the terrain, and in
particular shall protect and enhance natural features such a rock outcroppings,
existing slopes and the coastal ridge.
2. Relationship of new structures to surrounding buildings shall be compatible as
to form, size, and spacing and architectural character shall conform to Coconut
Grove's architectural heritage.
3. General landscaping requirements and standards established by this ordinance
for offstreet parking, yards, and open space shall be considered supplemental to
retention of desirable natural features. Placement of structures and vehicular
f.
areas shall be such as to retain, to the extent reasonably practicable, desirable
existing landscaping, open spaces and natural features, and to promote provisions
of compatible new landscaping. All accessory area and structures, shall be
adequately screened by appropriate plantings or other means.
Secs. 603.4-603.8. Reserved.
Sec. 603.9. Special height limits.
Height limits are established with respect to the underlying zoning districts as follows:
For "O" Office District 80 feet
For all other districts 40 feet
I"
53 10863
1,11) ,nVI�
Sec. 604. SD-4 Waterfront industrial district.
Sec. 604.1. Intent.
This district designation is intended for application in areas appropriately located for
marine activities, including industrial operations and major movements of passengers and
commodities. In view of the importance of such activities to local economy and the limited area
suitable and available for such activities, it is intended to limit principal and accessory uses
to those reasonably requiring location within such districts, and not to permit residential,
general commercial, service, office or manufacturing uses not primarily related to waterfront
activities for which the district is reserved. For the purposes of section 3(mm) of the City of
Miami Charter, this district shall be construed as an industrial district.
Sec. 604.2. Effect of SD-4 district designation.
The effect of these SD-4 regulations shall be to supplant district regulations within
portions of other zoning districts included within the SD boundaries to the extent indicated
herein.
Sec. 604.3. Class II Special Permits.
604.3.1. Wien required.
A Class II Special Permit shall be required prior to approval of any building permit for
erection of new structuree or for substa►++,al chanoes affecting the exterior appearance of any
structure.
604.3.2. Considerations in nnking Class II *ecial Permit detemunations.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
With the expressed intent of this district, with the general considerations listed in section
1305, and with the special considerations listed below:
1. Parking, loading, service, utility, and storage areas and uses shall be screened from
view of abutting zoning districts (other than C-2 and I districts) and shade trees
spaced a minimum of thirty (30) feet on center. Screening shall not be required along
the waterfront.
2 Adequate vehicular parking and loading space, adequate vehicular ingress and egress
configuration, and appropriate docking and mooring facilities shall be provided on any
lot used temporarily, intermittently, or permanently for loading and unloading of
marine vessels. In making determinations in such cases, the Planning Director shall
seek the advice and recommendations of the Public Works Department.
i
Sec. 604.4. Principal uses and structures.
I
6G�4.4.1. Pee ni tted principal uses and structures.
1. Piers, wharves, docks, and railroad service to related loading, storage or distribution
facilities.
2. Freight terminals; facilities for warehousing and storage, packing; packaging and.
crating of materials from or for marine shipment; assembly and distribution facilities
for marine shipments, except as provided under permitted uses and structures, in
section 604.4.2 below.
3. Passenger terminals, including related facilities for handling baggage or freight,
ground transportation, parking, and establishments to serve needs of passengers and
visitors including retail shops, eating and drinking establishments, ticket agencies,
Ccurrency exchanges and the like.
r.
f 4. Facilities for construction, maintenance, service, repair, supply or storage of
! vessels, including shipyards, drydocks, marine railways, shops for marine woodworking,
electrical, communication and instrument installation and repair, welding, sail making,
engine and motor repair and maintenance; ship chandlers; fuel supply establishments.
54
10803
Manufacture, maintenance, service, repair and/or sales or supply of parts, accessories
and equipment for marine needs.
5. Bases for marine dredging, salvage; towing, marine construction offices and yards,
piloting headquarters.
6. Sales, charter or rental of vessels, marine supplies and equipment, marine sporting
goods and supplies.
7. Establishments for collection, processing and/or distribution or sales of marine food
products and by-products, including eating and drinking establishments related to such
operations.
8. Hiring halls for seamen and dock workers.
9. Telecommunication transmission and relay stations; radar installation.
10. Structures and uses other than as listed above for performance of governmental
functions (including private facilities supplementing or substituting for governmental
functions such as fire protection or provision of security), or relating to operation
of public utilities.
{11. Commercial marinas, except that no permanent occupancy of private pleasure craft as
living quarters shall be permitted within this district except as required for work or
security purposes within the district.}
604.4.2. Cbnditional principal uses and structures.
1. Facilities for storing, packaging, handling, processing or distribution of explosive,
flammable, or otherwise hazardous materials shall be permitted by Class I Special
Permit only. No such permit shall be issued unless and until the chief of the fire
department is assured that in addition to meeting other requirements of applicable
codes the facilities for such storage, open or enclosed, are designed, located and
equipped to make fire protection or protection from other hazards feasible, and that
the manner of operation of such facilities will give reasonable assurance of protection
of life and property.
2. Except as permitted generally above, or permitted generally as accessory uses and
structures, offices, living quarters, commercial or service establishments,
manufacturing, processing and other uses shall be permitted only by Class I Special
Permit and only upon findings by the zoning administrator that the use as proposed is
primarily related to waterfront activities, for which the district is reserved, and
reasonably requires location within the district.
3. Heliports, helistops, facilities for other VTOL or STOL aircraft, hovercraft, or sea
' planes shall be permitted only by Class II Special Permit.
C, Sec. 604.5. Accessory Uses and Structures.
I,
E. (604.5.1. PemuttedAccessory Uses and Structures.
Uses and structures which are customarily accessory and clearly incidental to permitted uses
and structures, including living quarters for passengers and crews aboard commercial, official or
scientific vessels. Otherwise, occupancy of living quarters within the district shall be limited
to. watchmen, caretakers or employees whose work requires such quarters on the premises, or as
authorized by special permit below.}
604.5.2. Cbnditional accessory uses and structures.
As fo,
{1.} Lodgings for temporary accommodation of passengers, visitors and crew members at
( passenger or freight terminals shallbepermitted only by Class I Special Permit, and
only upon findings by the zoning administirdor that such facilities are primarily
y, related to the operation of the terminal, and are not for general public use.
I"
E Sec. 604.6. Minimum hot requirements.
55 10863
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1. Minimum lot area - 10,000 square feet.
I
2. Minimum lot width - 100 feet.
Sec. 604.7. Floor area limitations.
The floor area ratio shall not exceed one and seventy -two -hundredths (1.72) times the gross
lot area.
Sec. 604.8. Minimum open space requirements.
604.8.1. Mnimm yards wad setbacks.
1. All yards adjacent to streets shall be a minimum of five (5) feet in depth.
2. All yards on interior lot lines abutting another zoning district shall be the same as
the minimum setback requirements for the abutting district.
3. For all yards other than "1" and "2" above, there shall be no minimum yard or setback
requirement.
604.8,2. &ilding footprint wtd greenspace.
1. The building footprint shall not exceed seven -tenths (0.7) times the gross lot area.
2. An area not less than one -tenth (0.1) times the gross lot area shall be developed as
green space.
Sec. 604.9. Height limitations.
The maximum building height shall be one hundred twenty (120) feet or ten (10) stories,
whichever is less, above grade or above the base flood elevation, if applicable.
Sec. 604.10. Offstreet parking and loading.
604.10.1. Mnb= offstreet pw*ing requirm mts.
I. For commercial marinas, five (5) parking spaces plus one (1) parking space for each two.
(2) vessels of sixteen (16) feet or more in length.
2. For dry dockage or boat racks, five (5) spaces plus one (1) for each three (3) boats.
3. For all other uses there shall be a minimum of one (1) parking space for each one
thousand (1,000) square feet of gross floor area.
604.10.2. Mninun offstreet loading requirements.
1. -For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
2. For buildings with square footage in excess of 500,000 square feet:
E
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
Inaddition to the requirements set forth abov
e, ve, there shall be one berth for
every 500,000 gross square feet of building area.
3. By Class I Special Permit one (1) larger (660 square feet) loading space may be
replaced by two (2) of the smaller (420 square feet) loading spaces as dictated by
E needs of the individual project.
r.
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10863
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Sec. 604.11. Limitations on signs.
r-
Sign limitations shall be as provided for C-1 districts.
57
Sec. 605. SD-5 Brickell Avenue area office -residential district.
Sec. 605.1. Intent.
This district is of special and substantial public interest because of its prime location on
Brickeil Avenue along the bayfront and the Miami River, close to and visible from the CBD and
Biscayne hay, and its importance to the economic well-being of the City as a prestigious high
rise office district housing banking, finance, international trade, and other professional office
uses.
In the interest of reduction of travel and traffic within the city generally, conservation
of energy, maintenance of principal views from within the district and adjoining areas, and
preservation and enhancement of existing desirable features of design, landscaping and
appearance, it is intended that development, at appropriately high intensity, shall be so
designed as to assure open character, attractive and secure open space available to the general
public at ground level, and appropriately located recreation space serving residential uses.
It is intended that multifamily residential occupancy in this area is to be promoted and
encouraged, either in separate buildings or in combination with office and supporting retail and
service uses, and that such supporting uses shall be scaled and designed to serve needs of the
district.
It is intended that the character of development shall be such as to protect and augment
natural amenities. Orientation and design of principal buildings and related site design and
improvement shall be such as to protect views of the water from principal public view points,
providing physical and visual access to waterfront areas appropriate to public needs and needs of
the occupants of adjoining properties leaving ample open spaces at or near the ground.
Principal buildings shall not take the form of low, massive slabs with high ground level lot
occupancy that constitute major impediments to desirable views and to light and flow of air at
ground level.
In consideration of proposed concentration of residential occupancy in the district and the
availability of mass transit, these regulations are intended to promote pedestrian comfort and
convenience, and to protect against dominance of the character of the district by automobiles.
To this end, it is intended that offstreet parking requirements be minimal and be so located and
designed as to minimize visual impact. It is further intended that accessory parking structures
be low in profile, and that their top decks, where seen from principal buildings, shall present
an attractive appearance.
Unless specifically exempted, waterfront property in this district is included in Section
3(mm) "Waterfront Charter Amendment" of the City of Miami Charter.
i
Sec. 605.2. Effect of SD-5 district designation.
The effect of these SD-5 regulations shall be to supplant districts or portions of districts
included within the SD boundaries to the extent indicated herein in the Official Zoning Atlas.
Sec. 605.3. Class II Special permits.
605.3.1. Wien required.
A Class II Special Permit shall be required prior to approval of any permit' (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of
any existing building; or for the erection of any new building; or for the location, relocation
or alteration of any structure, sign, awning, landscaping, parking area or vehicular way visible
from a public street or waterfront walkway.
605.3.2. Cbnsiderations in m*ing Class IX �$.ecial Peinut determinations.
i
f The purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of this district, with the general considerations listed in section
1305, and with the special considerations listed below. In making determinations concerning
construction of new principal buildings or substantial exterior alteration of existing principal
buildings, the Planning Director of Planning Building and Zonina shall obtain the advice and •
r recommendations of the Urban Development Review Board, except as established in section 600.4.4.
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I. Along waterfronts, buildings shall be so oriented and designed as to minimize
impediments to water views from principal public viewpoints at ground level and from
higher portions of nearby buildings.
2. Rooftop parking or mechanical equipment and utility service areas visible from nearby
buildings shall be appropriately screened with landscape or architectural materials.
3. Buildings within close proximity to adjacent residential districts should be designed
to minimize any shading of a residential structure or a recreational use area between
10:00 AM and 3:00 PM
4. Public access to waterfront plazas and walkways shall be provided
gIngrAW with Itctivn--iem °City of Miami Bavwalk/Riv rwalk D ian tandarde a►,�t Y, jin accord
5. Pedestrian walkway connections shall be provided between parallel public streets and to
the waterfront in conformance with section 605.8.5.
6. In general, principal pedestrian entrances to buildings shall be along street frontages
with major traffic, volumes, and vehicular entrances shall be on streets less
intensively used for through traffic both to separate pedestrian from vehicular
circulation and to minimize vehicular friction along major streets.
7. All structures and improvements on lots abutting any street or waterfront designated as
a "primary pedestrian pathway" in the Official Zoning Atlas shall be designed gener M
in accord with the standards in vrtic+e—kg�he Gity of Miami Primar.. b ,+ . :
Pathway Des ian Standard and ,u;dpt4r,oe�� n
8. Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to
provide a minimal
visual impact, well integrated with the principal structures. Un ncl sed vehicular
parking and loading in any location visible from a public street or waterfront walkway
shall be appropriately screened from surrounding rights -of -way.
9. Except for portions authorized by special permit for vehicular access, required yards
and adjacent sidewalk areas within the public right-of-way shall be appropriately
landscaped and provided with pedestrian ways in accord with the following design
standards:
a. Street trees shall be provided in the sidewalk area at a maximum spacing of thirty
(30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-
inch caliper, and seven (7) feet of clear trunk.
b. Paving materials and patterns shall be aesthetically harmonious and consistent
with adjacent or nearby properties and shall meet established sidewalk grades.
C. Street furniture shall be provided which may include benches, trash receptacles,
( pedestrian walkway lighting, bus shelters, sculpture, public information kiosks,
and the like. These may be located in the pedestrian area as long as pedestrian
flow patterns are continuous.
i
d. Trees, palms, ground cover, grass and other living landscape plants shall be
provided in required or provided yard areas in accord with an approved overall
landscape plan for the development.
Sec. 605.4. Principal uses and structures.
605.4.1 Principal uses pemutted generally.
f
The following uses shall be permitted generally, except as limited in section 605.4.4:
t
( 1, Attached and multifamily dwellings; hotels, including apartment hotels and residence
hotels.
f_.
2. Offices, business and professional (other than those selling merchandise on the
,, premises); iesnics (other than veterinary); studios; laboratories; travel agencies,
.`4 ` �"`Nsr
i
3. financial institutions, except
r drive -through facilities.
4. Restaurants, except drive -through facilities.
5. Neighborhood convenience goods and services, including food stores (grocery, meat
seafood, produce, delicatessen, bakery, candy, ice cream), drug stores, news stands,
dry cleaners, barber and beauty shops, and shoe repair stores.
6. Child day care centers, subject to applicable provisions of section 936.
7. Recreational buildings and facilities, playgrounds, play fields, parks and the like.
8. Auditoriums; libraries, museums and galleries related to the fine arts, neighborhood or
community centers.
9. Garden, service, civic clubs (not for profit).
10. Structures and uses other than those listed above required for performance of a
governmental function, except uses involving extensive storage or with storage as the
primary purpose.
11. Structures and uses relating to operation of public utilities and requiring location
within the district to serve it or neighboring districts; railway rights -of -way and
tracks or other special ways for mass transit facilities; mass transit stations; but
not railroad yards, storage or warehousing, switching or shops; provided that no such
public utility use shall involve extensive storage or have storage as its primary
purpose.
605.4.2. Principal uses pemutted subject to limitation within the district.
The following retail and service establishments shall be permitted subject to the
limitations in section 605.4.4;
1. Retail establishments, as follows: Antique stores, arts stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public; china
and crockery stores; florist, including plant and shrub sales; gift shops; hardware
stores; hobby shops; home appliance stores; home furnishing stores; interior decoration
supply stores; establishments for sale of boating and fishing supplies; jewelry stores;
-
luggage stores; music stores; office supply stores; optical goods stores; package
liquor stores (without drive -through facilities); pet shops; photographic supply
stores; tobacco shops; variety and sundry stores; television, radio and other
electronics stores; video tape sales and rentals (open to the general public);
establishments for sale of wearing apparel. Such establishments may provide incidental
repair, maintenance, adjustment or alteration services as appropriate, but facilities,
operation and storage in relation to such services shall not be visible from any street
or street -related pedestrian open space. Aside from antique stores, art galleries,
-f jewelry and book stores, no such retail establishments shall deal in secondhand
merchandise. The total floor area for these retail uses on an individual lot
(excluding public circulation space and similar common areas) shall not exceed five
tenths (0.5) times the gross lot area except that through a Class II Special Permit a
i_ project may be allowed to increase the retail use up to thirty (30) percent of the
total achievable F.A.R.
2. Service establishments, as follows: Interior decorator; duplicating centers including
letter and photostating services; locksmiths; opticians; photographic service;
tailoring, dressmaking, millinery or drapery fabrication, except where products are for
off premises sale; rental of recreation and sporting equipment.
i 605.4.3. Peanitted only by special exception.
1. Drive -through facilities for financial institutions, subject to the requirements of
section 931, and that there shali be no enhances ov, exits to such facilities from
mom.
2. Bars, nightclubs, supper clubs and theaters open to the general public.
3. Marinas, except that each occupancy of private pleasure craft as a dwelling shall be
allowable only by Special Exception and each such occupancy shall be construed to be
one -family occupancy of the lot requiring minimum gross area of 350 square feet.
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4. Parking lots, parking garages, provided that there shall be no vehicular access to such
facilities directly from primary pedestrian pathways.
5. Private clubs, lodges, fraternities and sororities.
6. Post -secondary public and private educational facilities.
605.4.4. LbW tations on uses.
1. At least sixty-five percent (65%) of the lot width along SE 10th Street shall be
occupied by retail and service establishments permitted in section 605.4.2 or by
restaurants, bars, neighborhood convenience goods and services, post offices, art
galleries, museums, libraries, or similar cultural uses. The remaining frontage may be
occupied by other uses permitted in section 605.4.1.
2. Retail and service establishments and neighborhood convenience goods and services shall
generally be limited to locations on the ground level (at or below the lowest habitable
floor elevation permitted by federal flood plain management criteria); however, such
uses may be approved by Class II permit at locations other than the ground level
subject to the following minimum standards:
a. At least fifty (50) percent of the ground level frontage along Brickell Avenue
(excluding entrances to office, hotel, and/or residential lobbies) and at least
thirty (30) percent of the total aggregate ground level frontage along SE 8th
Street, SE 12th Street, and waterfront walkways shall be occupied by retail and
service establishments permitted generally within the C-1 district or by
restaurants, bars, taverns, post offices, art galleries, museums, libraries, or
similar cultural uses.
b. At least fifteen (15) percent of the total aggregate ground floor frontage along
streets other than Brickell Avenue (excluding vehicular entrances and entrances to
office, hotel, and/or residential lobbies) shall be occupied by the following
uses intended for neighborhood service and convenience: food stores, dry cleaning
and laundry, pharmacy, card shop, restaurant, post office, library, auto tag
agency.
C. The portions of building frontage required to meet the minimum standards in
paragraph a. above shall be designed to be visible and accessible to an adjacent
public sidewalk, urban plaza, or waterfront walkway, including transparent window
or door openings over at least fifty (50) percent of each exterior storefront
area, and "building entrances no more than forty-two (42) inches above the adjacent
public sidewalk. elevation. Outdoor cafes, outdoor sale of merchandise, or retail
windows beginning no more than forty-two (42) inches above the adjacent public
sidewalk elevation shall be required where the lowest habitable floor elevation is
more than forty-two (42) inches above the adjacent public sidewalk elevation.
3. For every one square foot of floor area over 10,000 square feet in an individual retail
or service establishment permissible in section 605.4.2, there shall be provided at
least one square foot of floor area in retail or service establishments that are less
than 10,000 square feet per individual establishment.
4. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers and
plants, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
5. All products and services shall be sold at retail on the premises. No wholesaling or
jobbing shall be conducted from within the district.
Sec. 605.5. Accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
..f regulations. Other accessory uses and structures shall require a Class II Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
�,: district:
i
I I . There shall be no vehicular access to parking or loading areas directly from any
primary pedestrian pathway where access is reasonably feasible from another street,
2. Where approved by general Class II Special Permit, outdoor exhibits, displays, sales,
service of food or drinks, or other similar pedestrian oriented activities may be
conducted in open space, including urban plazas, whether or not such facilities or
activities are customarily accessory to the adjacent principal use. Areas, activities
and facilities so approved may be used for regular, intermittent, or temporary special
events without further permitting which might otherwise be required under these zoning
regulations, but shall not be exempted hereby from requirements for other permits. The
Class II special permit shall specify location, design, improvement, provision for
maintenance and management, and provision for free pedestrian movement through the area
without unreasonable interruption by such facilities or activities.
3. Where approved by general Class II Special Permit, roofed shelters open at the side and
for at least forty (40) percent of perimeter of coverage, temporary fabric roofs or
windbreaks, exhibit and display stands and cases, community or neighborhood bulletin
boards or kiosks, and facilities for outdoor service of food or drinks may be permitted_
in appropriate locations in urban plazas or other open space. If so approved, such
shelters, structures or facilities shall be exempted from limitations generally
applying to occupancy of yards or open space, and sheltered areas as indicated and
areas for service of food or drinks shall not be included in floor area limited by
floor area ratios on the property, or counted in computing offstreet parking
requirements, but occupancy by such shelters, structures or facilities shall not exceed
twenty-five (25) percent of total open space required in relation to the property.
Sec. 605.6. Minimum lot requirements.
Minimum lot requirements for residential uses or nonresidential uses shall be a minimum lot
area of twelve thousand five hundred (12,500) square feet, and a minimum lot width of one hundred
(100) feet. Notwithstanding the provisions of section 1102.1, lots which do not meet the minimum
lot requirements for the SD-5 district may be used by special exception, for uses permitted
generally in the SD-5 district, provided that all other applicable provisions are met.
Sec. 605.7. Floor area limitations.
Floor area limitations of SD-5 shall be as follows subject to the requirements and
limitations of sections 903.1 and 903.2:
605.7.1. Floor area limitations for residential, nonresidential and combination use buildings.
Except as modified by section 605.7.2. below:
1. The floor area for all residential uses, including hotels, shall not exceed four and
twenty-five hundredths (4.25) times the gross lot area.
2. The floor area for all nonresidential uses shall not exceed three and twenty-five
is hundredths (3.25) times the gross lot area.
3. The total floor area for combination of residential and nonresidential uses within the
same b .
uilding (or buildings on the same lot) shall not exceed four and twenty-five
hundredths (4.25) times the gross lot area; provided, however, nonresidential uses
shall not exceed three and twenty-five hundredths (3.25) times the gross lot area.
605.7.2. Allcuable increase in floor area for off -site affordable housing; retail, service,
restaurants, nwewis, art galleries, post offices, and libraries at ground level;
w dergrownd parking; and day care.
The maximum floor area set forth in section 605.7.1 above shall be increased in conformance
with the following provisions and limitations; provided, however, that the maximum one (1.0)
"Offsite affordable housing" bonus must be used before other bonuses become applicable.
i
1. Offsite affordable housing: The floor area shall be increased by Class II' Special
IPermit for any permitted use up to a total increase of one (1.0) times the gross lot
t:
area provided that for every one (1) square foot of increase there shall be either:
a. A nonrefundable developer contribution of six dollars and sixty-seven cents
C:
($6.67) to the Affordable Housing Trust Fund administered by the City of Miami; or
108E 3
62
b. Developer -sponsored construction of fifteen -hundredths (0.15) square foot of
affordable housing as defined in article 9? A sponsor is a developer who
assumes responsibility for a residential project by serving as general partner in
the development project.
No building permit shall be issued for increased floor area until the City of Miami has
certified compliance with the provisions of this section. The City of Miami shall
certify compliance provided one of the following has occurred: a) Construction of new
affordable housing has begun, or b) A certified check to the Affordable Housing Trust
Fund has been deposited with the City of Miami.
All affordable housing units constructed under the provisions of this district wholly
or in part with Affordable Housing Trust Funds must be located within one (1) mile of
the SD-5 district boundaries, or be located within the Southeast Overtown/Park West
Community Redevelopment Area.
2. Retail, service, and restaurant, and other public amenity uses at ground level: For
every one (1) square foot of floor area located at ground level (at or below the lowest
habitable floor elevation permitted by federal flood plain management criteria), which
is used for retail or service establishments permitted generally within the C-1
district or by restaurants, bars, taverns, post offices, art galleries, museums,
theaters, libraries, or similar cultural uses, the total allowable floor area shall be
increased by three (3) square feet for any permitted use. Individual establishments
shall be designed to be visible and accessible to an adjacent public sidewalk, urban
plaza, or waterfront walkway, including transparent window or door openings over at
least fifty (50) percent of each exterior storefront area. Building entrances shall be
no more than forty-two (42) inches above the adjacent public sidewalk elevation or at
the height of a federally mandated wave barrier.
3. - For every one and one-half (1.5) square feet (42 inches) of underground parking that a
building provides, the floor area is allowed to be increased by one (1) square foot for
any permitted use, not to exceed fifty -hundredths (.50) times the gross lot area.
4. Child Care Center: For every one (1) square foot of floor area of child care center
4; indoor area and two (2) square feet of child care outdoor play area that meets the
requirements of section 936, the total allowable floor area shall be increased by four
(4) square feet, but not to exceed a total floor area increase of five -tenths (.5)
! times the gross lot area.
605.7.3. Rxrhing g rWs as a principal use.
For parking garages as principal uses, as opposed to auxiliary parking garages in connection
with office buildings, total floor area in structures containing parking garages shall not exceed
FAR two and one-half (2.5) times the gross lot area. For purposes of these controls, such floor
area shall include all floor area within the structure, including area used for parking but shall
exclude any area used for establishments indicated at section 605.4.2., or for restaurants, which
shall be permitted in connection with parking garages as incidental principal uses. Such
establishments or restaurants shall be located and oriented along lines of pedestrian flows,
adjacent to ground level pedestrian open space and shall conform to the requirements and
limitations of section 605.4.2.
Other than fixed yards requirements applying to all buildings, no additional open space or
pedestrian open space need be provided, but at least seventy-five (75) percent of the area of any
yard provided adjacent to a street shall be reserved and improved as pedestrian open space.
Plaza requirements shall not apply to parking garages as principal uses.
Sec. 605.8. Minimum yards, setbacks, urban plaza areas, through block connections, waterfront
walkways.
605.8.1. A4nbwn ywrls.
The following minimum yard dimensions and limitations shall apply. Notwithstanding the
"`- provisions of section 908.3, canopies and awnings may project without limitation into the
required yard area adjacent to streets, provided that such projection is entirely supported from
the building. Required yards adjacent to streets shall not be used for offstreet parking or
' loading.
r,
f z'-
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63
1. Adjacent to Brickell Avenue, all yards shall be thirty (30) feet in minimum depth.
There shall be no vehicular driveways in any yard adjacent to Brickell Avenue except as
approved by Special Exception.
2. Adjacent to other streets, front yards shall be a minimum of twenty (20) feet in depth,
and side yards adjacent to streets shall be a minimum of fifteen feet (15) in least
dimension.
3. All interior yards (side, rear and special) shall be a minimum of fifteen (15) feet in
least dimension.
605.8.2. A4ntmm building setbacks odjacent to interior lot lines.
For portions of buildings above forty (40) feet in height, the setback shall be a minimum of
one (1) foot for every six (6) feet of building height, up to a maximum required setback of forty
(40) feet.
605.8.3. llAvbnm gr M floor setbacks.
Adjacent to S.E. loth Street and S.E. 12th Street, for the first eighteen (18) feet in
elevation above the public sidewalk, no building facade shall be set back more than a maximum
depth of twenty (20) feet, except where an urban plaza is approved by Class II permit.
605.8.4. U ban plazas.
Open space, in the form of an urban plaza, shall be provided in this district in an amount
not less than fifteen percent (15%) of the gross lot area; and in no case shall less than four
hundred (400) square feet of plaza area be required with a minimum dimension of twenty (20) feet.
The urban plaza shall conform to the "City of Miami Urban Plaza Design Standards and Guidelines
h, section iM.
605.8.5. Pedestrian tivxWz block connections.
A pedestrian walkway connection shall be provided between parallel public streets and to the
waterfront at least every six hundred (600) feet, where such connection is not available within
public street rights -of -way or in the form of an existing connection on private property. The
walkway shall be open to the public during normal business hours and shall not be located closer
than two hundred (200) feet from any parallel public street or other through block connection; it
may be open, covered or enclosed, and shall meet the following design standards:
The floor of the walkway shall be level with the public sidewalk at each end and shall
have a minimum average width of twenty (20) feet and maintain a minimum twelve (12)
feet of unimpeded walkway along its entire length.
The minimum ceiling height shall be ten (10) feet if enclosed.
Amenities for pedestrian use and enjoyment such as landscaping, seating, display space,
vendors, and retail stores at the sides shall be provided.
Mterfront zuzlkmys.
I` All waterfront lots shall provide a continuous pedestrian walkway along the edge of the
waterway which shall be open to the general public during normal business hours and designed
gen rally in accord with "The City of Miami Baywalk/Riverwalk Design Standards and Guidelines" -as
provided in article W.
Sec.'605.9. Height limitations.
There shall be no height limitations in this district, except that when parking garages are
permitted as a principal use, maximum height shall be fifty (50) feet; where accessory parking is
provided, other than underground, the structure housing such parking shall not exceed thirty-five
l.: (35) percent of the height of the principal building.
r,
Sec. 605.10. Offstreet parking and loading.
It is intended that automobile traffic be minimized in this district because of its close
proximity to the rapid transit stations. Offstreet parking and loading, and offsite parking
i" shall be as required in sections 917, 918, 922 and 923, except as modified below;
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64
605.10.1. Mninunaxinnxinunoffs treet parking landtat ions.
1. For residential uses, there shall be a minimum of one (1) parking space and a maximum
of two (2) parking spaces per dwelling unit.
2. For hotel or motel use there shall be a minimum of one (1) parking space for every four
(4) lodging units and a maximum of two (2) parking spaces for every three (3) lodging
units.
3. For business and professional office uses, including medical clinics, there shall be a
minimum of one (1) parking space per eight hundred (800) square feet of floor area and
a maximum of one (1) parking space per five hundred (500) square feet of floor area.
4. For retail and service uses there shall be a minimum of one (1) parking space per one
thousand (1000) square feet of floor area and a maximum of one (1) parking space per
three hundred (300) square feet of floor area.
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per one
hundred (100) square feet of floor area.
6. For theater uses there shall be no parking spaces required and there shall be a maximum
of one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one thousand
(1,000) square feet of floor area and a maximum of one space per five hundred (500)
square feet of floor area.
605.10.2. 4)ecial offstreet loading regulations.
Offstreet loading requirements shall be as required in the Office District, provided that
special permit requirements set forth therein shall be waived in cases where new developments
involving general Class II Special Permits cover the same matters.
605.10.3. ,59ecial offsite parking regulations.
j Notwithstanding the limitations of section 918, offsite parking shall be permitted within
the boundaries of the district by Class II permit without limitation on percentage of the
required number of spaces or maximum distance from the principal use. Furthermore, there shall
be ;no required demonstration or findings of practical difficulty or unnecessary hardship in
providing required parking on the site, provided that the location of the offsite parking is
within a one thousand (1,000) feet radius of the principal use, or within a six hundred (600)
feet radius of a Metrorail or Metromover station or there are permanent provisions made to
transport the offsite parking patrons to and from the principal site at the property owner's
expense.
605.10.4. Lpecial requirwrnts for location and design of parking structures.
i
Within this district, ninety (90) percent of all offstreet parking, required or other, in
relation to a principal use, shall be within enclosed structures on the premises, except where
offsite parking is authorized as provided above. A number of parking spaces equal to not more
than five (5) percent of the required number of offstreet space may be authorized in connection
with passenger loading areas. A number of parking spaces equal to not more than ten (10) percent
of the required number may be permitted in the open, at ground level or on parking decks for
which architectural treatment and screening from ground level or other views has been approved in
Class II Special Permit procedures.
The upper surface of underground parking structures shall not exceed a height of three and
one-half (3.5) feet above the average grade of the abutting public sidewalk and no parking shall
be permitted on top of that portion of an underground parking structure which is above the
established grade except as provided above in relation to open parking on decks. Underground
parking structures shall be set back a minimum depth of ten (10) feet from adjoining street lot
lines, and five (5) feet from interior side and rear lot lines. In no case shall open parking be
permitted on such decks within required street yard areas.
i
Above ground parking structures shall not front on Brickell Avenue or the waterfront unless
they are visually compatible with the principal use structure and the special character of the
district.
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i
Sec. 605.11. Limitations on signs.
Sign limitations shall be as provided for C-1 districts.
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'.11ONS
Sec. 606. SD-6, SD-6.1 central commercial residential districts.
Sec. 606.1. Intent.
These districts are of special and substantial interest because of their proximity to the
central business district, and the need to provide supporting and complementary high density
residential and office development with major retail shopping and entertainment activities.
Concerning uses, it is intended that residential development be promoted by allowing higher
floor area ratios for residential development or for combinations of residential with office,
service, cultural, entertainment, and retail uses.
It is intended to increase desirable pedestrian activity by mandating ground level retail
and service Uses with strong pedestrian orientation on frontages along major public walkways. By
encouraging uses, activities, arrangements, and amenities that generate pedestrian street life,
the pedestrian walking experience will be diversified, stimulated, and enhanced.
Further, these districts recognize the substantial access and energy conservation advantages
afforded by the proposed downtown component of the Metrorail transit system (Metromover) and
permits greater development intensities to sites in close proximity to rapid transit stations.
Due to the increased traffic burden on public roads and sidewalks that will be caused by the
substantial increase of permitted development intensity in these districts, it is intended that
public walkway systems be increased commensurately by the creation of plazas and promenades
within the districts' yard and setback requirements, and by through block connections. The scale
and utility of these widened walkways will complement and interconnect the high intensity
development fostered by these districts. To promote pedestrian comfort and convenience, it is
intended to locate vehicular entrances to properties in such a manner as not to disrupt
pedestrian flow on major pedestrian walkways.
As a significant view corridor of special character and a major link to the central business
district, it is intended to protect and enhance the unique aesthetic and functional qualities of
Biscayne Boulevard by requiring additional open space, yard, and setbacks for building frontage
on the boulevard.
To relieve the dense spatial quality of these districts, and to provide a transparent link
between interior and exterior pedestrian environments, a percentage of lot area is mandated as a
well landscaped plaza activity area that will border on the adjacent street. It is intended that
these plazas form strong active pedestrian areas linking adjacent streetscapes to building
interiors.
It is intended that large scale, yet diverse architectural designs are to be encouraged as
statements of regional significance and the inherent social and economic complexity of these
districts. However, to ensure ground level compatibility of projects, it is intended that the
landscaping, paving materials, [and] street furniture complement these districts as a whole, and
provide a uniform, yet diverse environment for the users.
As appropriate for public needs, and the needs of building occupants, it is intended that
the upper portions of principal buildings be designed wherever feasible with the long axis in an
east -west direction to preserve view corridors to Biscayne Bay from buildings located inland,
Further, it is intended that low roof decks shall present an attractive appearance when viewed
from above either from the principal building or adjoining propertfes.
Consistent with the complex dense urban character of the center city, it is intended that
emphasis be given to graphics, signs and lighting as a means of projecting color, vitality,
excitement and blend of activity.
For the purposes of section 914, SD-6 and SD-6.1 are intended to be construed as one zoning
district in order to provide flexibility for creative site design on large scale projects.
606.1.1. Special intent concerning 3EL6.1.
In addition to the general intent in section 606.1., the
special intent for SD-6.1 is to promote development of a mixed -use complex, including a public
performing arts center, on lands located to the east of North Bayshore Drive. To this end,
incentives are provided through increased floor area ratio for dedication of land and/or
construction of performing arts theaters and an additional Metromover station to serve the
theaters. Additionally floor area ratio incentives are provided to encourage the private sector
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to provide on -site housing, to assist with the construction of affordable housing within the SD-6
and SD-6.1 districts, and to provide amenities and services such as child care centers and ground
floor retail, restaurant, and service uses.
Sec. 606.2. Effect of SD-6 and SD-6.1 district designation.
The effect of these SO-6 and SD-6.1 regulations shall be to supplant districts or portions
of districts included within the SO boundaries to the extent indicated herein in the Official
Zoning Atlas.
Sec. 606.3. Class II Special Permit.
6106.3.1. Wren Required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of
any existing building; or for the erection of any new building; or for the location, relocation
or alteration of any structure, sign, awning, landscaping, parking area or vehicular way visible
from a public street.
606.3.2. CEYWdetut ions inimking Class II L`-pecial Permit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of these districts, with the general considerations listed in section
1305, and with the special considerations listed below. In making determinations concerning
construction of new principal buildings or substantial exterior alteration of existing principal
buildings, the Planning Director shall obtain the advice and recommendations of the Urban
Development Review Board.
1. Buildings shall be so oriented and designed as to minimize impediments to water views
from principal public view points at the upper levels of buildings located inland from
Biscayne Bay. In determinations concerning such views, preference shall be given to
east -west orientation of buildings and location of building towers giving the least
cumulative impediment to such views.
2. All structures and improvements on lots abutting any street designated as a primary
pedestrian pathway in the Official Zoning Atlas shall be constructed and maintained in
accord with section --me , "she City of Miami Primary Pedestrian Pathway Design
Standards and Guidelines".
3. Pedestrian walkways shall be designed to ensure adequate continuous circulation space,
while permitting, where appropriate, certain activities, landscaping, or street
furniture such as outdoor cafes, temporary displays, kiosks, sculpture, signs, and the
like to encroach on the walkways. Except for portions authorized by Class II special
�. permit for vehicular access, all required yards, setbacks, and adjacent sidewalk area
within the public right-of-way adjacent to streets shall be a continuous pedestrian
space suitably landscaped and developed with appropriate street furniture according to
t the following design standards:
f
a. Street furniture shall be provided including benches, trash receptacles,
pedestrian walkway lighting, bus shelters, and the like; these objects should
generally be located from the curb line of the right-of-way to a depth of eight
(8) feet. In addition to landscaping, other, street furniture such as sculpture,
public information kiosks, signs, and the like may be located in the pedestrian
area a long as pedestrian flow patterns are continuous. See section 606.5 for
accessory uses.
b. Paving materials and patterns shall be aesthetically harmonious and consistent
with adjacent or nearby properties, and shall be approximately level with
established sidewalk grades.
�. c. Street trees shall be provided four (4) feet from the curb line at maximum thirty
(30) feet spacing. Such trees shall be a minimum of fifteen (15) feet in height,
three (3) inch caliper, and seven (7) feet of clear trunk.
d. Building columns within the ground floor setback area required in section
606.8.2.1 shall provide a minimum of seven (7) feet between columns for every one
(1) foot of column width, and a minimum unobstructed distance of eight (8) feet
between the inside face of a column and the face of a building wall.
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e. Notwithstanding a through d above, all improvements along Biscayne Boulevard shall
conform to the adopted design plan for Biscayne Boulevard.
4. In general, principal pedestrian entrances to buildings shall be along street frontages
with major vehicular traffic volumes and vehicular entrances shall be along streets
less intensively used for through traffic, both to separate pedestrian from vehicular
circulation and to minimize marginal vehicular friction along major streets.
5. Rooftop parking and other areas containing mechanical equipment and utility areas
visible from nearby buildings shall be appropriately screened with landscape or
architectural materials.
6. Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to provide a minimal
visual impact, well integrated with the principal structures. Unenclosed vehicular
parking and loading in any location visible from a public street shall be appropriately
screened from exterior views.
7.
Each development abutting Biscayne Boulevard shall have one (1) or more animated
objects such as fountains, kinetic sculpture, animated illuminated signs, banners, or
similar forms of moving images that are visible during day and night.
Arcades shall be continuous with a minimum length of one hundred (100) feet adjacent to
the required yard and fronting on public sidewalk and street. The floor of the arcade
shall be at the same level as the public sidewalk. Arcades shall have a minimum width
of eight (8) feet unobstructed by building columns, utilities and the like. Arcades
shall be accessible to the public at all times.
9. In order to promote a lively and safe pedestrian environment at street level, elevated
pedestrian walkways spanning public streets shall be strongly discouraged, except on NE
13th, 14th, 15th, and 16th Terraces. Elevated walkways may be permitted in special
circumstances such as to provide a direct connection to a Metromover Station or to
connect buildings occupied by a single business or public agency.
Sec. 606.4. Principal uses and structures.
606.4.1. Principal uses pemutted at any location; linutations as to location of uses alang
grownl floor frontage of pedestrian streets and urban plazas.
The following uses shall be permitted at any location within these districts.
I. Retail establishments as follows: Antique stores, art stores and commercial art
galleries; book and stationary stores open to the general public; card and gift shops;
china and crockery stores; drugstores; floor covering, paint, and wallpaper stores;
�. florist, including plant and shrub sales; food stores, including bakeries,
confectioneries, delicatessens, fruit and vegetable markets, groceries (limited to two
thousand (2,000) square feet per establishment); ice cream stores; general merchandise
` and furniture stores gift shops; hardware stores; jewelry stores; leather goods and
luggage shops; meat and fish markets; newsstands; nursery, shrub and plant stores;
office supply stores; package liquor stores (without drive -through facilities); pet and
pet supply stores, photographic supply stores; sporting good and bicycles; TV and radio
stores; variety and sundry stores; wearing apparel shops and similar retail
establishments if approved by Class II Special Permit. Retail establishments may
provide incidental repair, maintenance, alteration, or adjustment services as
appropriate, but facilities, operation and storage for such services shall not be
visible from any street or pedestrian walkway.
2. Service establishments including barber and beauty shops; custom tailoring, dressmaking
and millinery shops, except where products are made for off premises sale; coin -
operated laundry and dry cleaning facilities with rated capacity limited to twenty-five
(25) pounds per machine, five hundred (500) pounds total for laundry, and ten (10)
pounds per machine, forty (40) pounds total for dry cleaning; laundry and dry cleaning
establishment with total capacity limited as for coin -operated facilities; duplicating
' centers including letter and photostating services (work areas for such services shall
not be visible from adjacent pedestrian walkways); photographic studio; shoe repair
(' stores; and similar service establishments if approved by Class II Special Permit.
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I
3. Art galleries, museums, libraries, rehearsal rooms for performing arts organizations,
and other cultural uses.
4. Bars, saloons, and taverns, including those with dancing or live entertainment open to
the general public.
5.
Supper clubs
and
night clubs.
6.
Restaurants,
tea
rooms, and cafes, including those with dancing, live entertainment
and/or outdoor table service open to the general public.
7. Theaters, other than drive-in.
606.4.1.1. Special Mles concerning extent and location of certain uses on ground floor
fi�avttage of pedestrian streets and urban plazas. The following streets are hereby
designated as pedestrian streets: Biscayne Boulevard from 1-395 to NE 17th Terrace and
NE 15th Street from NE 2nd Avenue to a point three hundred feet west of the centerline
of N. Bayshore Drive. The following special rules shall apply concerning the extent
and location of permitted uses along the ground floor frontage of pedestrian streets
and urban plazas that are required pursuant to section 606.8.3.1:
1. At least sixty-five (65) percent of the linear frontage of a lot abutting a
pedestrian street shall be occupied by principal uses permitted in section
606.4.1. and shall be constructed aenerally in accord with the "City of Miami
Primary Pedestrian Pathway Design Standards and Guidelines" design standards fo,
Each use shall have convenient direct
access from the adjacent public walkway. The remaining frontage may be occupied
by uses permitted in section 606.4.2.
2. At least fifty (50) percent of perimeter walls of the required urban plaza shall
I be occupied by uses permitted in section 606.4.1, and the remaining frontage may
s` be occupied by uses permitted in section 606.4.2.
f
Principal uses permitted urith lb7dtations concerning location. along the grnw2d floor
frontage of pedestrian streets and urban plazas.
The following uses shall be permitted in locations other than the ground floor frontage of
pedestrian streets and urban plazas, except as provided at section 606.4.1.1:
1. Single family, duplex, and multifamily dwelling units.
2. Hotels and other facilities for transient dwelling or lodging.
3. Offices, clinics, studios, laboratories, travel agencies, and ticket agencies. a
4. Banks, savings and loan associations, and similar financial institutions, provided.that
drive -through facilities for such establishments shall be permitted only subject to the
requirements of section 931, and that there shall be no entrances or exits to such
facilities from major streets, and that drive -through facilities shall require a
{:. special permit as indicated in this section.
5. Health studios and spas.
6. Educational institutions of a business, professional or scientific nature.
7. Automobile agency, new car sales and display only.
8. Auditoriums and arenas.
9. Private clubs, lodges, fraternities, and sororities, religious and other similar uses.
10. Offsite signs, subject to the limitations of section 606.11.
606.4.3. Principal uses pa pemritted only by special exception.
k�
f. The following uses shall be permitted only by special exception in locations other than the
C ground floor frontage of pedestrian streets and urban plazas:
1. Automobile rental agency, provided that not more than twenty (20) automobiles, or
passenger vans holding up to fifteen (15) passengers, be stored in conjunction with
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such establishment, and that no repair or service facilities, except for gasoline pump,
be provided.
2. Drive -through service facilities for financial institutions, with City Commission
approval.
3.
Local stations (other than
bus
stops) for
mass transit facilities.
4.
Parking facilities for use
by
the general
public.
{ 5. Structures and uses relating to the operations of public utilities and requiring
I locations within SD-6 or SD-6.1 to serve or neighboring districts; railway or other
transit rights -of -way and tracks, but not yards, storage, warehousing, switching or
shops. No such use shall involve extensive storage or have storage as its primary
purpose.
6. Structures and uses, other than those permitted generally, required for performance of
a governmental function, except those involving extensive storage or with storage as
the primary purpose.
7. Wholesale trade mart.
8. Post -secondary public or private educational facilities.
606.4.4. Limitations on uses.
1. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers and
plants, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
2. Aside from antique stores, art galleries, and book stores, no establishment shall deal
in secondhand merchandise.
Sec. 606.5. Accessory uses and structures; limitations; special requirements.
Uses- and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted, subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class II Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in these
districts:
1. Driveways providing access to accessory parking lots, structures, offstreet loading,
and the like, shall not be permitted along Biscayne Boulevard frontage if access from
another street is available. Along all other street frontages, vehicular access drives
shall not cross primary pedestrian pathways or be from major streets if other access is
reasonably feasible. Wherever special curbside drop-off lanes are requested by private
development, minimum yards and setbacks shall be adjusted to provide the same amount of
pedestrian walkway area.
2. Where approved by Class II Special Permit, outdoor displays, exhibits, sales, serving
of food and drinks, or other activities may be conducted in open spaces required
pursuant to section 606.8.3 whether or not such activities are customarily accessory to
the adjacent principal use. Areas, activities, and facilities so approved may be used
for regular, intermittent, or temporary special events without further permitting which
might otherwise be required under these zoning regulations. The Class II Special
Permit shall specify location, design, improvement, provision for maintenance and
management, and provision for free pedestrian movement through the area without
unreasonable interruption by such facilities or activities.
606.5.1. 7brporary special events.
Temporary special events involving gatherings at opening ceremonies, special promotions,
amusement activities, and the like, to the extent not otherwise licensed, controlled, or
regulated under other city regulations, shall be permitted only by Class I Special Permit.
Sec. 606.6. Minimum lot requirements.
E,
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There shall be no specific dimensional requirements, but lots shall be of sufficient size to
conform with other requirements and limitations of these and other lawful regulations.
Sec. 606.7. Floor area limitations.
606.7.1. XL6 floor area limitations.
Floor area limitations for SD-6 shall be as follows subject to the limitations and
requirements of sections 903.1 and 903.2.
I. The floor area for all nonresidential uses shall not exceed:
a. Four and eight -tenths (4.8) times the gross lot area if the main building entrance
is more than one thousand two hundred (1,200) feet walking distance from a
designated station mezzanine of the regional rapid transit system or six hundred
(600) feet from a designated station mezzanine of the people mover system.
b. Six and four -tenths (6.4) times the gross lot area if the main building entrance
is less than one thousand two hundred (1,200) feet walking distance from a
designated station mezzanine of the regional rapid transit system or six hundred
(600) feet from a designated station mezzanine of the people mover system.
2. The floor area for all residential uses, including hotels, shall not exceed seven and
two -tenths (7.2) times the gross lot area.
3. The total floor area for all buildings on an individual lot containing a minimum of
twenty-five (25) percent residential and twenty-five (25) percent nonresidential uses
I shall not exceed eight and four -tenths (8.4) times the gross lot area.
606.7.2. 3a-6.1 floor area limitations.
I
Floor area limitations for SD-6.1 shall be as follows subject to the limitations and
requirements of sections 903.1 and 903.2.
1. The floor area for all residential and nonresidential uses shall not exceed 1.72 times
the gross lot area, except as modified by paragraph 2 below.
2. The maximum allowable floor area for residential and nonresidential uses on an
individual lot may be increased in conformance with the following provisions and
limitations, subject to approval of a Major Use Special Permit pursuant to Article 17.
a. For every one (1) square foot of floor area provided onsite for residential or
hotel uses (excluding associated commercial areas and common areas in excess of
10% of the total floor area occupied by hotel rooms), the maximum nonresidential
floor area may be increased by one (1) square foot. Such residential floor area
I-
shall be constructed concurrently with any uses receiving this bonus.
b. For every six dollars and sixty-seven cents
($6.67) contributed to the Affordable
Housing Trust Fund established and administered by the City of Miami, the maximum
f. floor area may be increased by (1) square foot for any permitted use. All funds
so contributed shall be expended solely within the Omni Area Redevelopment)
District.
C. Retail, service, restaurant and cultural uses: For every one (1) square foot of
Ground level uses listed in section 607_6.4.1 and constructed in,accord with the
"City of Miami Primar�Pedestrian Pathway Design Standards and Guidelines" for
, the maximum floor area may be increased by one (1)
( square foot for any nonresidential use or two (2) square feet for residential use.
I d. Theaters: For every one (1) square foot of floor area that a building
4 g provides of
{ theater use that meets the requirements of section 606.8.5 or for every one (1)
square foot of land dedicated or leased to the public for performing arts theater
use, the maximum floor area may be increased by four (4) square feet for any
permitted use.
e. Child day care center: For every one (1) square foot of floor area of child care
center indoor area and two (2) square feet of child care outdoor play area that
meets the requirements of section-M,936, the maximum floor area may be increased
72 10863
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! by four (4) square feet for any permitted use, but not to exceed a total floor
!
area increase of five -tenths (.5) times gross lot area.
f. Metromover station: For development that dedicates land at no cost to the public
for a Metromover station or the Metromover guideway, the maximum floor area may be
increased by 0.5 times gross lot area.
Sec. 606.8. Minimum yards, setbacks, open space and residential recreation space, and through
block connections.
606.8.1. 1l4ni7m yards.
The following minimum yard dimensions and limitations shall apply. Notwithstanding the
provisions of section 908.3, canopies and awnings may project without limitation into the
required yard area adjacent to streets, provided that such projection is entirely supported from
the building. Required yards and setbacks adjacent to streets shall not be used for offstreet
parking or loading.
I. Adjacent to Biscayne Boulevard, all yards shall be a minimum of fifteen (15) feet in
depth.
2. Adjacent to NE 13th, 14th, 15th, and 16th Terraces, there shall be no minimum yard
requirements.
3. Adjacent to other streets, all yards shall be a minimum of five (5) feet in depth.
4. Except as greater dimensions are required for other lawful regulations, there shall be
I no minimum requirements for all interior yards (side, rear, and special).
! 606.8.2. ,Setbacles.
606.8.2.1. CHUM floor setbacks. Except where round level op
en pen space is approved by
Class II Special Permit pursuant to section 606.8.3, following are the minimum and
maximum setbacks for the ground floor of all buildings as measured perpendicular to the
base building line.
1. I Adjacent to Biscayne Boulevard for the first eighteen (18) feet in elevation
above the public sidewalk, no building or portion thereof shall be set back less
than fifteen (15) feet or more than twenty (20) feet, except where an arcade is
approved by Class II Special Permit, in which case a maximum depth of twenty-eight
(28) feet to the rear of the arcade is permitted.
2. Adjacent to other streets, for the first eighteen (18) feet in elevation above the
public sidewalk, no building or portion thereof shall be set back less than
fifteen (15) feet.
3. Adjacent to interior lot lines, there shall be no minimum or maximum setback
I: requirements.
606.8.2,2. (per level setbacks- Adjacent to all streets, between an elevation of eighteen
(18) feet and one hundred (100) feet above the public sidewalk elevation, the location
of the face of building shall only be restricted by the minimum yard requirements in
section 606.8.1. Adjacent to all streets except NE 13th, 14th, 15th, and 16th Terraces
and NE 13th Street east of N. Bayshore Drive, above an elevation of one -hundred (100)
feet, the building shall be set back from the base building line a minimum of one foot
for every two (2) feet of additional building height, up to a maximum setback of thirty-five (35) feet or fifteen percent (15%) of the depth of the lot (as measured
perpendicular to the base building line), whichever is less. After the maximum setback
has been provided, there shall be no additional setback or height limitations. By
Class II Special Permit, the f annirtg Director of Planning Building Planning Building and Zoning may permit portions of buildings to intrude into this setback area in order to preserve
view corridors or provide architectural variety and interest, provided that such
E exception does not exceed twenty-five 2 percent
on all streets, p ( 5%) of the linear frontage of the lot
606.8.3. Cat space and residential recre
ation space.
{ In addition to required q yards, a minimum of one (1) square foot of open space shall be
provided for every fifty (50) square feet of nonresidential floor area over fifty thousand
73 10863
(50,000) square feet. A minimum of one (1) square foot of open space or private recreation space
shall be provided for every ten (10) square feet of residential floor area. Such open space
and/or residential recreation space shall be approved by Class II permit and shall conform to
section 1056 the "City of Miami Design Standards for Ooen Cnarp and R cWential Recreation Seace"
and to the special design standards for urban plazas in section 606.8.3.1 below.
606.8.3.1. 4xcial requiratents concerning urban plazas. Open space in the form of an
urban plaza shall be provided, improved, and maintained by all new development on lots
of one acre or more in area. Such space all be at ground level and shall be not less
than five (5) percent of the gross lot area. The urban plaza shall conform to the
design standards in section—}i}g9, "The City of Miami Urban Plaza Design Standards and
Guidelines", except as modified below:
I. Along Biscayne Boulevard, NE 15th Street, or Flagler Street, the plaza shall front
directly on the street; except that where a master development plan for two or
more contiguous blocks under single ownership is approved by Class II Special
Permit, the required urban plaza space may be aggregated and/or located wherever
it would best serve the needs of the public.
2. The plaza shall be open to the sky or covered in whole or part with transparent or
translucent or landscaping material, or such plaza may be covered in part by the
overhang of a building, provided that sufficient light and air can penetrate the
plaza to provide a suitable environment for growth of trees and other plant
materials.
3. Up to sixty (60) percent of the plaza area may be used for entertainment
activities and performances, displays, exhibits, and seating.
4. The plaza area shall have direct pedestrian access to any internal or external
circulation corridors, malls, lobbies, or similar pedestrian distribution systems
in a structure abutting the plaza.
5. In general, no two (2) urban plazas shall be closer than three hundred (300) feet
as measured along the path of travel of a pedestrian in the adjacent public right-
of-way.
606.8.4. Pedestrian through block connections.
Whenever a development includes a public street closure or right-of-way abandonment that
creates a block length in excess of five hundred (500) feet between parallel public streets, a
pedestrian through block walkway shall be provided for the width of the block. The walkway shall
not be located closer than two hundred (200) feet to either parallel public street, and .shall be
open and accessible to the public during normal business hours. The walkway shall have a minimum
width of twenty (20) feet and a minimum height of ten (10) feet. The walkway shall be
appropriately improved for pedestrian comfort and convenience with suitable landscaping,
furniture, lighting, and floor materials.
606.8.5. �*ecial requirements for theaters; limitations.
1
4 Buildings that provide theaters which are improved and maintained in accordance with the
following requirements shall have the maximum floor area increased in accordance with the
provisions of section 609.6.7.2:
1. Total floor area of the theater shall not be less than three thousand (3,000) square
feet.
2. No interior horizontal dimension of the performance/audience seating' space shall be
less than thirty (30) feet.
3. Audience seating for not less than one hundred fifty (150) persons shall be provided as
either fixed or movable seats. A typical seating plan shall be shown on architectural
plans submitted for a Class II special permit as required under section 607-6.3.
4. Average floor -to -ceiling heights of the performance/audience seating space shall be not
I less than seventeen (17) feet.
5. Theaters for the performing arts or live entertainment shall have a stage or similar
i platform elevated above floor level and not less than six hundred (600) square feet in
unobstructed floor area. Such a stage may be fixed or moveable, and of a proscenium or
thrust or in -the -round configuration.
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6. Performing arts theaters shall provide adequate ancillary space and support facilities
including dressing rooms, storage areas, wing space on stage, service access, foyer or
lobby space, office space, stage lighting and acoustical controls as necessary.
Sec. 606.9. Height limitations.
There shall be no height limitations except as provided in section 606.8.2.
Sec. 606.10. Offstreet parking and loading.
Since it is intended that automobile traffic be minimized in these districts because of its
close proximity to the rapid transit stations, special offstreet parking requirements and
limitations are as follows; and in addition, offstreet parking and loading, and offsite parking
shall be as required in sections 917, 918, 922 and 923, except as modified below;
606.10.1.11kninuncud nuxinzmoffs treet parking lnndtations.
1. For dwelling units there shall be a minimum of one (1) parking space and a maximum of
two (2) parking spaces per dwelling unit.
2. For hotel or motel uses, there shall be a minimum of one (1) parking space for every
four (4) lodging units and a maximum of two (2) parking spaces for every three (3)
lodging units.
3. For business and professional office uses, including medical clinics, there shall be a
minimum of one (1) parking space per eight hundred (800) square feet of floor area and
a maximum of one (1) parking space per five hundred (500) square feet of gross floor
area.
4. For retail and service uses there shall be a minimum of one (1) parking space per one
thousand (1000) square feet of floor area and a maximum of one (1) parking space per
three hundred (300) square feet of gross floor area.
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per one
hundred (100) square feet of gross floor area.
6. For theater uses there shall be no parking spaces required and there shall be a maximum
of one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one thousand
(1,000) square feet of floor area and a maximum of one space per five hundred (500)
square feet of gross floor area.
606.10.2 Lqecial offstreet parking requirements; offsite parking; lunutat ions.
i.
1.
U en nclosjd—parkina
mall only be permitted in conformance with all applicable City of Miami Standards and
Guidelines.
2. Notwithstanding the limitations of section 918, offsite parking shall•be permitted by
Class II permit without limitation on percentage of the required number of spaces or
maximum distance from the principal use when located within the SD-6 or SD-6-1 zoning
District. Furthermore, there shall be no required demonstration or findings of
practical difficulty or unnecessary hardship in providing required parking on the site,
provided that the location of the offsite parking is within a one thousand (1,000) feet
radius of the principal use, or within a six hundred (600) feet radius of a Metromover
station or there are permanent provisions made to transport the offsite parking patrons
to and from the principal site at the property owner's expense.
i 606.10.3. cial offstreet loading
Sine ff regulations.
Offstreet loading requirements shall be as provided in sections 922-923, provided that
special permit requirements set forth therein shall be waived in cases where new developments
involving Class II Special Permits cover the same matters.
75 10863
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Sec. 606.11, Limitations on signs.
Signs limitations shall be as provided for the C-1 district with the following exceptions
and modifications:
E
I 1. Signs, flashing, animated, revolving, whirling, banners, pennants or streamers shall be
permitted.
2. Offsite signs shall be permitted subject to the following conditions: maximum one (1)
per street frontage, maximWh four hundred (400) square feet of surface area per sign
and all such offsite signs shall be designed to exhibit continuously changing displays
of figures, words or graphics through the use of lights, projected images or luminous
j character generators. Temporary civic and political campaign signs limited to four
hundred (400) square feet of surface area are allowed. Offsite signs above a height of
fifty (50) feet above grade shall be subject to the provisions of section 926.16, as
appropriate and where those provisions are more limiting.
3. Projecting signs (other than marquee signs) shall be limited to one hundred twenty
(120) square feet for each sign surface.
4. Ground or freestanding signs shall be limited to directional signs and temporary civic
and political campaign signs.
5.Kiosk advertising shall be limited to the announcement of events, exhibits,
entertainment, and cultural events.
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Sec. 607. SD-7 central Brickell rapid transit commercial residential district.
Sec. 607.1. Intent.
This district is of special and substantial public interest because of its close proximity
to the central business district, the Miami River, and the Metrorail and Metromover transit
stations serving the Brickell area.
In the interests of reduction of traffic within the city generally and in this district in
particular, of conservation of energy, and of the creation of an intensive urban environment with
a twenty-four hour activity pattern, it is intended that high intensity mixed -use development of
residential, office, and retail and service uses be encouraged that will provide innovative
design of residential spaces; retail, service, cultural and entertainment uses at ground level
oriented towards intensive pedestrian usage; a modified downtown environment with minimal yards,
a high percentage of lot coverage, highly usable pedestrian open spaces at ground level, and
maximum interrelationship of ground floor uses and exterior public open space.
Concerning uses, it is intended that multifamily residential occupancy and ground level
retail, service, cultural and entertainment uses be encouraged individually or as a part of a
mixed -use residential and office development through a floor area incentive system. It is
further intended to create a central focus of neighborhood activity along Brickell Promenade and
adjoining frontages along Miami Avenue by requiring retail, service, cultural and entertainment
uses at ground level.
Although it is intended that the character of development be intensive, it is also
intended that buildings be designed to provide pedestrians with lively, interesting, well
landscaped spaces at ground level. To this end, yard areas adjacent to all streets are required
to be developed as an integral part of the neighborhood pedestrian walkway system; and maximum
setbacks are established for the ground floor of buildings, in order to form a continuous,
uniform edge of building facades along the sidewalk edge. Certain streets which form linkages
to transit stations and other activity centers can be expected to carry major volumes of
pedestrian traffic; thus it is intended that development adjacent to such primary pedestrian
pathways should be designed to accommodate ground floor retail shops and other Uses that promote
an active pedestrian sidewalk environment.
In consideration of the concentration of residential, office, and ground level commercial
uses in the district, and the availability of rapid transit, and to protect against the dominance
of the automobile in the district, it is intended that offstreet parking requirements be minimal
and designed to minimize the visual impact.
It is further intended that rooftops as seen from upper level area shall present an
attractive appearance.
Unless specifically exempted, waterfront property in this district is included in Section
3(mm) "Waterfront Charter Amendment" of the City of Miami's Charter.
Sec. 607.2. Effect of SD-7 district designation.
The effect of these SD-7 regulations shall be to supplant districts or portions of
districts included within the SD boundaries to the extent indicated herein in the Official Zoning
Atlas.
Sec. 607.3. Class II Special Permit.
607.3.1. Wren required.
A Class II Special Permit shall be required prior to approval of any permit (except
special permits pursuant to article 13) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or alteration of any structure, sign, awning, landscaping, parking area or
vehicular way visible from a public street or waterfront walkway.
607.3.2. Considerations in mrhing Class II Special Pemrit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
77
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section 1305, and with the special considerations listed below. In making determinations
concerning construction of new principal buildings or substantial exterior alteration of existing
principal buildings, the Planning Director shall obtain the advice and recommendations of the
Urban Development Review Board.
1. Except for portions authorized by special permit for vehicular access, all required
yards, setbacks, and sidewalk area within the public right-of-way adjacent to streets
shall be a continuous pedestrian space suitably landscaped and developed with
appropriate street furniture according to the following design standards:
a. Street trees shall be provided in the sidewalk area at a minimum spacing of thirty
(30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-
inch caliper, and seven (7) feet of clear trunk.
b. Paving materials and patterns shall be aesthetically harmonious and consistent
with adjacent or nearby properties and shall meet established sidewalk grades.
C. Street furniture shall be provided which may include benches, trash receptacles,
pedestrian walkway lighting, bus shelters, sculpture, kiosks, and the like. These
may be located in the pedestrian areas as long as pedestrian flow patterns are
continuous.
d. Trees, palms, ground cover, grass and other living landscape plants shall be
provided in required or provided yard areas in accord with an approved overall
landscape plan for the development.
e. Notwithstanding a through d above, all improvements along S.E./S.W. lOth Street
shall conform to the "City of Miami Brickell Promenade Design Development Plan and
Urban Design Guidelines".
2.
Public access to waterfront walkways shall be provided in accord with the "City of Miami
Baywalk/Riverwalk Design Standards and Guidelines" in-section—}g}9, and shall be open to
the public during normal business hours.
3.
Rooftop parking and other areas containing mechanical equipment and utility areas
-visible from nearby buildings shall be appropriately screened with landscape or
architectural materials.
4.
In general, principal pedestrian entrances to buildings shall be along street frontages
with major vehicular traffic volumes, and vehicular entrances shall be along streets
less intensively used for through traffic, both to separate pedestrian from vehicular
circulation and to minimize marginal vehicular friction along major streets.
5.
Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to provide a minimal visual
impact, well integrated with the principal structures. Unenclosed vehicular parking and
loading in any location visible from a public street or waterfront walkway shall be
appropriately screened from exterior views.
r
f 6.
Arcades shall be continuous with a minimum length of one hundred (100) feet adjacent to
the required yard and fronting on public sidewalk and street. The floor of the arcade
shall be at the same level as the public sidewalk. Arcades shall have a minimum width
of eight (8) feet and a maximum width of fifteen (15) feet unobstructed by building
columns, utilities and the like. Arcades shall be accessible to the public at all
times.
7.
A through -block pedestrian connection shall be provided between any waterfront walkway
and parallel public street. Such connection shall be in the form of an unobstructed
pedestrian walkway, at least twenty (20) feet in width, which shall be level with the
public sidewalk and waterfront walkway at each end. Such connection shall provide
substantial public amenities for public enjoyment such as landscaping, seating,
fountains, art work, lighting, display spaces, vendors, and abutting retail, service or
cultural uses.
(
8.
All structures and improvements on lots abutting any street or waterfront designated as
.
a "primary pedestrian pathway" in the Official Zoning Atlas shall be designed in accord
{
`
with the standards in the "City of Miami Primary Pedestrian Pathway Design Standards and
Guidelines" -in- section —!00.
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9. Lots with interior side yards abutting a Metromover right-of-way shall be developed with
improvements suitable to promote safe and convenient pedestrian access to Metromover
stations.
10. All development on lots adjacent to Brickell Promenade (S. 10th Street) shall conform to
the "City of Miami Brickell Promenade Design Development Plan and Urban Design
Guidelines".
Seca 607.4. Principal uses and structures.
607.4.1. Principal uses pemutted at any location; limitations as to location of uses along
gr'aM floor frontage of pedestrian streets.
The following uses shall be permitted at any location within the district.
1. Neighborhood convenience goods and services, including food stores (grocery, meat
seafood, produce, delicatessen, bakery, candy, ice cream), drugstores, news stands,
dry cleaners, barber and beauty shops, and shoe repair stores.
2. Retail establishments as follows: Antique stores, arts stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public;
china and crockery stores; florist, including plant and shrub sales; gift shops;
hardware stores; hobby shops; home appliance stores; home furnishing stores;
interior decoration supply stores; establishments for sale of boating and fishing
supplies; jewelry stores; luggage stores; music stores; office supply stores;
optical goods stores; package liquor stores (without drive -through facilities); pet
shops; photographic supply stores; tobacco shops; television, radio, and other
electronics stores; video tape sales and rentals open to the general public;
variety and sundry stores; establishments for sale of wearing apparel. Such
establishments may provide incidental repair, maintenance, adjustment or alteration
services as appropriate, but facilities, operation and storage in relation to such
services shall not be visible from any street or street -related pedestrian open
space. Aside from antique stores, art galleries, jewelry and book stores, no such
retail establishments shall deal in secondhand merchandise. No individual
establishment shall exceed twenty-five thousand (25,000) square feet in floor area.
The total floor area for these retail uses on an individual lot (excluding public
circulation space and similar common areas) shall not exceed five -tenths (0.5)
times the gross lot area except that through a Class II Special Permit a project
may be allowed to increase the retail use up to thirty (30) percent of the total
achievable F.A.R.
3. Service establishments as follows: interior decorator; duplicating centers
including letter and photostating services; locksmiths; opticians; photographic
service; tailoring, dressmaking, millinery or drapery fabrication, except where
products are for off premises sale; rental of recreation and sporting equipment.
4. Production of art and handicrafts (but not mass produced items) incidental to sale
at retail on the premises.
5. Restaurants, tea rooms and cafes, except drive-in, including those with dancing and
live entertainment and with outdoor dining areas open to the general public.
6. Bars, saloons and taverns, including those with dancing and live entertainment open
to the general public.
7. Art galleries, museums, libraries and similar cultural uses.
607.4.1.1 ,*ecial rules concerning extent and location of certain uses on growid floor
frontage of pedestrian streets. The following streets are hereby designated as
pedestrian streets: SE/SW, loth Street (Brickell Promenade) between SW 1st Avenue
and SE 1st Avenue and Miami Avenue between S. 9th Street and S. 11th Street. The
following special rules shall apply concerning the extent and location of permitted
uses along the ground floor frontage of pedestrian streets:
1. At least sixty-five (65) percent of the linear frontage of a lot abutting a
pedestrian street shall be occupied by principal uses permitted in section
607.4.1. and shall be constructed in accord with the "City of Miami Primary
Pedestrian Pathway Desian Standards and amide " design ste
Each use shall have convenient
79
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IS
direct access from the adjacent public walkway. The remaining frontage may
be occupied by uses permitted in section 607.4.2.
2. Vehicular entrances may be placed in the remaining thirty-five (35) percent
of ground level frontage to uses behind or above the required ground level
frontage only if vehicular entrances from other streets are not feasible.
607.4.2. Principal uses penru ttei with l inu tatiarrs Concerning location along the gr owttl floor frontal of Pe*strian streets.
The following uses shall be permitted in locations other than the ground floor frontage of
pedestrian streets and urban plazas, except as provided at section 607.4.1.1:
1. Dwellings, one and two-family; detached, semi-detached and attached; multiple
dwellings.
2. Residence hotels; hotels; and motels.
3., Banks, savings and loans and financial institutions; business, professional and
medical offices, clinics.
4. Service establishments, including automobile rental agency; banking and financial
institutions_ with drive -through tellers permitted only by special permit;
employment agency; printing and duplicating; real estate agency; ticket agency;
travel agency.
5. Entertainment and recreation use including dance and music halls, live
performances; movie theaters; auditoriums; concert halls; game courts; health and
fitness studios.
6. Ch ild day care centers, subject to the requirements of section 936.
7. Structures and/or uses required for the performance of a governmental function,
except uses involving extensive storage or with storage a the primary purpose.
8. Structures and uses relating to operation of
public utilities and requiring
location within the district to serve it or neighborhood district; railway or other
transit rights -of -way and tracks, but not yards, switching, storage, warehouses or
shops. No such use shall have extensive storage or have storage a its primary
purpose.
607.4.3. Principal uses penmtted only by special exception.
The, following uses shall be permitted only by special exception in locations other than the
ground floor frontage of pedestrian streets:
1. Automotive_ service stations.
2. Drive -through facilities for financial institutions, with City Commission approval.
3. Parking lots, parking garages, provided that there shall be no vehicular access to
such facilities directly from primary pedestrian pathways.
4. Private clubs, lodges, fraternities, sororities.
5. Marinas, except that each occupancy of private pleasure craft as a dwelling unit
shall be, permitted only by Special Exception and each such occupancy shall be
construed as single family occupancy of the lot, requiring minimum gross area of
350 square feet.
6. Post -secondary public or private educational facilities.
607.4.4. Unitations Olt uses.
1. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers
and plants, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
2. All products and services shall be sold at retail on the premises. No wholesaling or
jobbing shall be conducted from within the district.
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Sec. 607.5. Accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class II Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
district:
I. No above ground offstreet parking or loading area shall be permitted between any
front portion of a building and the front line of a lot adjoining any street;
provided, however, that offstreet parking for bicycles may be permitted in such
areas, subject to limitations and requirements as to location, design and number
established in connection with special permits.
2. There shall be no vehicular access to parking or loading areas directly from any
primary pedestrian pathway where access is reasonably feasible from another street.
Sec. 607.6. Minimum lot requirements.
No specific dimensional requirements are established in this district, but lots shall be
of sufficient width and area to conform with other requirements and limitations of these and
other lawful regulations.
Sec, 607.7. Floor area limitations.
Floor area limitations for SD-7 shall be as follows subject to the limitations and
requirements of sections 903.1 and 903.2.
607.7.1. Floor area limitations for residential, nonresidential, and conbination use
buildings.
The maximum floor area ratio for all uses on an individual lot shall not exceed. eight
(8.0) times the gross lot area.
Except as modified in section 607.7.2 below:
1. The maximum floor area ratio for all residential uses on an individual lot shall
not exceed six (6.0) times the gross lot area.
2. The maximum floor area ratio for all nonresidential uses on an individual lot
�.' shall not exceed two and twenty-five hundredths (2.25) times the gross lot area.
607.7.2. Allaaxble increase in nonresidential floor area for arty building providing for
certain supporting uses; limitations.
The maximum allowable floor area for nonresidential uses on an individual lot shall be
increased in conformance with the following provisions and limitations:
1. Residential and hotel uses: The floor area shall be increased according to either
of the following alternatives; however, in no case shall the increase in
nonresidential floor area exceed two and seventy -five -hundredths (2.75) times the
gross lot area:
a. For every one (1) square foot of floor area provided onsite for residential
or hotel uses (excluding associated commercial areas and common areas in
excess of 10% of the total floor area occupied by hotel rooms), the maximum
1 nonresidential floor area shall be increased by one (1) square foot. Such
residential or hotel floor area shall be constructed concurrently with any
1 uses receiving this bonus.
b. For every six dollars and sixty-seven cents ($6.67) contributed to an
Affordable Housing Trust Fund established and administered by the City of
Miami, an increase of one (1) square foot of nonresidential floor area shall
be permitted. All funds so contributed shall be expended solely within the
SD-7 district.
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2. Retail, service, restaurant and cultural uses: For every one (1) square foot of
ground level uses listed section 607.4.1 and constructed in accord with the "
of Miami Primary Pedestrian Pathway .Ddesign ,standards and Guidelines" ftii Primer
the floor area shall be increased by one (1)
square foot for any nonresidential use or two (2) square feet for residential use.
Such uses shall be adjacent to and directly accessible from public street
sidewalks or from a ground level open space as defined in section 607.8.3. Uses
having principal access from interior building circulation shall not qualify.
3. Theaters: For every one (1) square foot of floor area that a building provides of
theatre use that meets the requirements of section 607.8.4, the nonresidential
floor area shall be increased by four (4) square feet, but not to exceed a total
floor area increase of five -tenths (.5) times the gross lot area.
4. Child day care center: For every one (1) square foot of floor area of child care
center indoor area and two (2) square feet of child care outdoor play area that
meets the requirements of section 936, the nonresidential floor area shall be
increased by four (4) square feet, but not to exceed a total floor area increase
of five -tenths (.5) times the gross lot area.
Sec. 607.8. Minimum yards, setbacks, open space and residential recreation space.
607.8.1 Mninun yards.
The following minimum yard dimensions and limitations shall apply. Notwithstanding the
provisions of section 908.3, canopies and awnings may project without limitation into the
required yard area adjacent to streets, provided that such projection is entirely supported from
the building. Required yards and setbacks adjacent to streets shall not be used for offstreet
parking or loading.
1. Yards, adjacent to pedestrian streets (Brickell Promenade) shall be twelve (12)
feet along the north side of the street and fifteen feet along the south side of
the street. The yard area may be occupied by awnings, trellises, and other
appurtenances as specified in the "City of Miami Brickell Promenade Design
Development Plan and Urban Design Guidelines".
2. All yards adjacent to streets other than pedestrian streets shall have a minimum
depth of ten (10) percent of the lot depth as measured perpendicular to the
respective street, but not more than fifteen (15) feet or less than ten (10) feet.
When the adjacent street right-of-way is sixty (60) feet or more in width, the
minimum yard depth need not exceed ten (10) feet.
3. Except as greater dimensions are required by other lawful regulations, there shall
be no minimum requirements for interior side and rear yards.
607.8.2. Setbacks; exceptions; limitations.
607.8.2.1. Abxb= ground floor setbacks. Except where ground level open space is
approved by Class II Special Permit pursuant to section 607.8.3, following are the
maximum setbacks for the ground floor of all buildings as measured perpendicular
to the base building line.
1. Adjacent to pedestrian streets, for the first eighteen (18) feet in
elevation above the public sidewalk, no building facade shall be set back
more than a maximum depth of twelve (12) feet along the north side of the
street or more than a maximum depth of fifteen (15) feet along the south
side of the street.
2.- Adjacent to streets other than pedestrian streets, for the first eighteen
(18) feet in elevation above the public sidewalk, no building facade shall
be set back more than a maximum depth of twenty (20) feet.
3. Adjacent to interior lot lines, there shall be no minimum or maximum
setback requirements.
607.8.2.2, q:per level setbacks. Adjacent to all streets, between an elevation of
eighteen (18) feet and forty-eight (48) feet above the public sidewalk elevation,
the location of the face of building shall only be restricted by the minimum yard
82 10863
requirements in section 607.8.1. Above an elevation of forty-eight (48) feet, all
buildings shall be set back an additional ten (10) feet.
607.8.3. (fiat space and residential recreation space.
In addition to required yards, a minimum of one (1) square foot of open space shall be
I provided for every fifty (50) square feet of nonresidential floor area over fifty thousand
(50,000) square feet. A minimum of one (1) square foot of open space or private recreation space
shall be provided for every ten (10) square feet of residential floor area. Such open space
and/or residential recreation space shall be approved by Class II permit and shall conform to the
"City of Miami Design Standards and Guidelines for Open Space and Residential Recreation Space_'
in section --iQU 5 and to the following special standards:
1. Generally, urban plazas and urban gardens shall not exceed twenty-five (25)
percent of the lineal frontage of the development site on any public street.
2. At least fifty (50) percent of the lineal footage of perimeter walls enclosing an
urban plaza or atrium space shall contain ground level uses permitted in section
607.4.1.
607.8.4. $. ecial require mts for theaters; litnitations.
Buildings that provide theaters which are improved and maintained in accordance with the
following requirements shall have the maximum floor area increased in accordance with the
provisions of section 607.7.2:
1. Total floor area of the theater shall not be less than three thousand (3,000)
square feet.
2. No interior horizontal dimension of the performance/audience seating space
shall be less than thirty (30) feet.
3. Audience seating for not less than one hundred fifty (150) persons shall be
provided as either fixed or movable seats. A typical seating plan shall be
shown on architectural plans submitted for a Class II special permit as
required under section 607.3.
4. Average floor -to -ceiling heights of the performance/audience seating space
shall be not less than seventeen (17) feet.
5. Theaters for the performing arts or live entertainment shall have a stage or
similar platform elevated above floor level and not less than six hundred
(600) square feet in unobstructed floor area. Such a stage may be fixed or
moveable, and of a proscenium or thrust or in -the -round configuration.
6. Performing arts theaters shall provide adequate ancillary space and support
facilities including dressing rooms, storage areas, wing space on stage,
service access, foyer or lobby space, office space, stage lighting and
acoustical controls as necessary.
Sec. 607.9. Height limitations.
There shall be no height limits in this district except as required by other lawful
regulations.
Sec. 607.10. Offstreet parking and loading.
Since it is intended that automobile traffic be minimized in this district because of its
close proximity to the rapid transit stations, special offstreet parking requirements and
limitations are as follows; and, in addition, offstreet parking and loading, and offsite parking
shall be as required in sections 917, 918, 922 and 923, except as modified below:
607.10.1. Mnimm and nnxb= offstreet parking limitations.
1. For dwelling units there shall be a minimum of one (1) parking space and a maximum
of two (2) parking spaces per dwelling unit.
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2. For hotel or motel uses, there shall be a minimum of one (1) parking space for
every four (4) lodging units and a maximum of two 2) parking spaces for ev
three (3) lodging units. ( ery
3. For business and professional office uses, including medical clinics, there shall
be a minimum of one (1) parking space per eight hundred (800) square feet of floor
area and a maximum of one (1) parking space per five hundred (500) square feet of
gross floor area.
4. For retail and service uses there shall be a minimum of one 1
in
one thousand (1000) square feet of floor area and a maximum ofpone (1) parking
per
space per three hundred (300) square feet of gross floor area. parking
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per
one hundred (100) square feet of gross floor area,
6. For theater uses there shall be no parking spaces required and there shall be a
maximum of one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one
thousand (1,000) square feet of floor area and a maximum of one space per five
hundred (500) square feet of gross floor area.
607.10.2 *ecia.l offstreet parking requirements; offsite parking; limitations.
1. Notwithstanding the limitations of section 918, offsite parking shall be permitted
by Class I1 permit without limitation on percentage of the required number of
spaces or maximum distance from the principal use. Furthermore, there shall be no
required demonstration or findings of practical difficulty or unnecessary hardship
in providing required parking on the site provided that the location of the
offsite parking is within a one thousand (1,000) feet radius of the principal use,
or within a six hundred (600) feet radius of a Metromover station or there are
permanent provisions made to transport the offsite parking patrons to and from the
principal site at the property owner's expense.
2. No residential dwelling unit shall be sold or leased without the right to utilize
at least one (1) onsite parking space.
f
3. No more than ten (10) percent of the total number. of onsite parking spaces
provided shall be reserved for use by a particular individual or group.
Sec. 601.11. Limitations on signs.
Sign limitations shall be as provided in section 602.11, recognizing the size limitations
thereof, provided further that onsite signs above a height of fifty (50) feet above rade shall
be subject to the provisions of section 926.16. g
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Sec. 608. SD-8 Design Plaza commercial residential district.
Sec. 608.1. Intent.
This district is of special and substantial public interest because of its unique
qualities as a resource
I
and service area for the design industry. It is intended to strengthen
encourage
and the expansion of design service activities in this area by allowing greater
intensities for appropriate design -oriented
service uses coupled with meaningful ground level
pedestrian open spaces. It is further intended to recognize the predominantly built-up character
of this area and the need for customer and employee parking by allowing offsite parking.
Sec. 608.2. Effect of SD-8 district designation.
The effect of these SD-8 regulations shall be to modify regulations within portions of other
-zoning districts included within the SD boundaries
to the extent indicated herein.
Seca 608.3. Class iI Special Permit.
09.3.1. Men Paquired.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits to article
pursuant 13) affecting the height, bulk, location or exterior configuration of
any existing building or the construction
of a new building.
608.3:2. Cansideratims in m7hing Class H *ecial Pemd t detemtnatiorns.
The'purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of this district,
with the general considerations listed in section
1305, and with the special considerations listed below.
Sec. 608.4. Permitted principal uses and structures,
4.1. Pe,mi t tern gewml ty.
As for C-1 except that:
1. Multiple dwellings and residence hotels shall be permitted only by special exception
in a mixed use building where the commercial uses occupy a minimum of fifty (50)
percent of the floor area of the building.
And in addition, the following uses shall be permitted:
1. Crating, packing and shipping service.
2. Job printing and lithography.
3. Research and testing laboratories.
4. Sale and display of restaurant and hotel supplies.
5. Shons fnr tho cala f.kr;,.-..;-- ----� _
All sales, display, and service activities of permitted or conditional uses shall be
11 conducted within completely enclosed buildings except for parking lots; plant nurseries; outdoor
dining areas; arts and crafts exhibits, including demonstrations and performances; flowers,
f` plants, and shrubs; objects of art; and handicrafts, but not mass produced items.
Sec. 608.5. Reserve.
I
Seca 608.6. Minimum lot requirements.
1. For automotive service stations, minimum lot requirements shall be as provided at
section 930.1.
2. For other uses, and for mixtures of other uses with residential uses, no specific
dimensional minimum requirements are established, but lots shall be of sufficient
width and area to conform with other requirements and limitations of these and other
lawful regulations.
Sec. 608.7. Floor area limitations; allowable increase in floor area for certain features.
608.7.1. Floor area limitatiow. Except as modified by section 608.7.2 below, the floor
area ratio shall not exceed two (2.0) times the gross lot area.
608.7.2. Allamble increase in floor area for certain features. The floor area and/or
floor area ratio for buildings that provide certain features shall be increased to
a floor area ratio not to exceed two and seventy-five hundredths (2.75) in
conformance with the following provisions and limitations:
I. Enclosed parking:. For buildings that provide a minimum of seventy-five (75)
percent of required parking onsite in an enclosed parking structure where the
automobiles are screened from public view, the floor area ratio shall be
increased by twenty-five hundredths (.25)
2. Additional parking spaces: For buildings that provide twenty (20) percent
additional parking spaces onsite, the floor area ratio shall be increased
thirty percent (.30) over the minimum required with the total increase in
floor area ratio.
3. Pedestrian open space
a. Embayments: For buildings that provide an exterior ground level embayment
with a minimum width of five (5) feet and a minimum height of ten (10)
feet adjoining a public sidewalk on a street right of way, the floor area
shall be increased by .1 F.A.R.
b. Arcades, plazas and pedestrian through connections: For buildings that
provide ground level interior or exterior plazas, interior arcades or
through pedestrian connections, the floor area shall be increased by .1
F.A.R.
i;
Sec. 608.8. Minimum open space requirements.
As for C-1.
Sec. 608.9. Maximum height.
As for C-1.
Sec. 608.10. Minimum offstreet parking.
Minimum offstreet parking requirements shall be as for C-1 and C-2 for uses permitted
therein, except for the following modifications:
itttt'dsi'riFr
t
86 10863
W
W
1. NOtwithetanrli„n the limitation of section o18.,ffsta
maximum distance from the principal use when located within r
furthermore th r D 8 hninn nee+n�nr
shall be no ren,nnl dem i'ra'i n Or difficulty or unnecessary findinne of practical
in providing r sir d p r ina the tits
provided that th location of the offsite parking is within a one +h,,and (,
_f_eet radius of the principal or h r are permanent
the offsite parking patrons to and from the nn9„.•i„ , . trancnnr+
expenseowner's
2. Structural alterations and additions to existing buildings with nonconforming
offstreet parking characteristics shall be permitted only if the following provisions
are met:
a. Twenty-five (25) percent or more of the minimum offstreet parking requirements
are met by the existing building, either onsite or offsite; however, if the
existing building provides more than twenty-five (25) percent, there shall not
be a reduction in the existing percentage.
b. The new addition shall meet the minimum offstreet parking requirement for its
total floor area.
3. For individual restaurants which do not exceed eighteen hundred (1800) square feet of
floor area there shall be a minimum of one 1
parking
k hundred square feet of gross floor area, subject to a Class InSpec al Permit, examinationofthe ownership or lease; referral to the Off -Street Parking Department and annual
review.
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Sec. 609. SD-9 Biscayne Boulevard North overlay district.
Sec. 609.1. Intent.
Biscayne Boulevard North is one of the major gateways to the City of Miami. This overlay
district is of special and substantial public interest because of the need to upgrade the
amenities and visual qualities of the boulevard. It is intended that future public and private
development shall respect and enhance this gateway role by providing well landscaped development
along the boulevard. It is further intended to encourage appropriate development and to assure
appropriate uses along the boulevard by modifying the use regulations of underlying districts.
Sec. 609.2. Effect of SD-9 district designation.
The effect of these SD-9 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
Sec. 609.3. Class II Special Permit.
609.3.1. Rhun required.
A Class II Special Permit shall be required prior to approval of any permit (except
special permits pursuant to article 13) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or alteration of any structure, parking area or vehicular way visible from a
public street.
i.
609.3.2. Consideration in nnking Class Il Special Pemut detemunations.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
section 1305, and with the special considerations listed below.
- (1). Along Biscayne Boulevard, the pedestrian open space at the ground floor frontage
shall be so designed, improved and located to provide an attractively landscaped
appearance using royal palms and other types of tropical plants suitable to its
gateway role.
(2). Offstreet parking shall not be placed in yards or open space adjacent to Biscayne
Boulevard, and vehicular entrances shall be prohibited along the boulevard if
frontage on other streets is available.
Sec.'609.4. Permitted principal uses and structures.
i
Principal uses and structures are as permitted generally or conditional by special permit
in the underlying district, except the following uses shall not be permitted:
1. Bars, saloons and taverns.
2. Convalescent homes, nursing homes, institutions for the aged or infirm, and
orphanages.
3. Lodging houses, guest homes.
4. Community based residential facilities.
_
5. Private clubs, lodges, fraternities and sororities operated for profit.
(l
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Sec. 610. SD-10 Jackson Memorial Hospital Medical Center overlay district.
r
i"
j,
Section 610.1. Intent.
i This district is of special and substantial public interest because it comprises various
hospital and health care facilities and related facilities, the majority of which are governed by
` the Public Health Trust of Dade County, or by the University of Miami School of Medicine, or
other entities which together provide the highest level of medical care to the public and private
patients of Dade County and the City of Miami. It is the intent of this district to encourage
the use of public transportation - Metrorail, Metromover and Metrobus - through incentives such
as a shuttle system and the incentives provided in this district. Because of its central
location and accessibility to public transportation and because of the unique nature of this
coordinated health care delivery area, with the resulting unique problems and characteristics
relating to parking spaces, traffic flow, directional signs, and landscaping, it is the intent of
this district, insofar as possible, to treat all the land in the district as a single entity,
rather than individual parcels.
Section 610.2. Effect.
The effect of these regulations shall be to modify regulations within portions of the
existing zoning districts indicated in the official City of Miami zoning atlas which are located
within the boundaries of this district.
Section 610.3. Class II Special Permit required.
610.3.1. Wten required.
No building permit shall be issued within the boundaries of the SD-10 District
affecting the height, bulk, or location of any structure in excess of ten thousand dollars
($10,000) or the location or relocation or enlargement of vehicular ways or parking areas,
outside public rights -of -way, without the issuance of a Class II Special Permit.
610.3.2. General considerations in nuking Class II 4xcial Pemu t detemunations.
Class II'Special Permit determinations in this class of cases, shall be made based on
the Jackson Memorial Hospital Medical Center Master Plan. Effective (effective date of
ordinance), the Medical Center shall, continuously maintain a master plan designating: the
location and number of all present and future parking spaces, together with the location
and floor area of all present and proposed buildings, the location and number of access
drives to public streets, internal and merging traffic and circulation, the painted or
curbed separation of vehicular and pedestrian traffic, and the arrangement and
circulation of parking areas, on file with the Planning Department. Materials to be
�., submitted with applications for Class II Special Permits shall include such site plans,
!'. landscaping plans, building. elevations, surveys, and such reports and surveys as (a)
hourly/daily parking utilization throughout the district; (b) direction of approach; (c)
vehicle occupancy; (d) ridership surveys; (e) shuttle bus/taxi utilization and (f)
metrorail/metrobus utilization which may be required to make determinations in the
particular case as to conformity with the standards established below.
Sec. 610.4. Special rules concerning computation of parking requirements.
All parking requirements within the district shall be governed exclusively by the standard
ratio of one (1) parking space for each 600 square feet of construction regardless of type of
use. All parking spaces available throughout the district shall be counted towards satisfaction
of the parking requirements attendant to all permits.
The computation of parking requirements for new permits shall be calculated as follows:
the floor area of all buildings presently within the district shall be added to that of the
proposed structure. The 1/600 parking ratio shall be applied to the resulting figure to obtain
the total number of parking spaces required within the district. To obtain the number of parking
spaces that must be provided in connection with the new structure, the total number of parking
spaces existing within the district shall be deducted from the total number of required spaces;
provided that bus, taxi, and vehicular parking spaces in the public right-of-way within the
district shall not be included in the total number.
r:
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89
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Sec. 611. SD-11 Coconut Grove rapid transit district.
Sec. 611.1. Intent.
This district is of special and substantial public interest because of its close proximity
to the rapid transit station serving the Coconut Grove area. In the interest of reduction of
travel and traffic within the city and conservation of energy, protection against automobile and
pedestrian access conflicts, coordination of public and private traffic movement and facilities,
encouragement of designs that will enhance the entrance to Coconut Grove and be compatible with
the scale, landscape character, and diversity of Coconut Grove; it is intended that development,
at appropriate intensity, shall be designed to assure attractive, secure pedestrian open space
(including plazas) available to the general public, traffic patterns for pedestrians and
automobiles that avoid conflicts and are properly linked to the transit station, and will be
consistent with the character of Coconut Grove.
611.1.1. Intent caicerning uses.
Concerning uses, it is intended that residential and nonresidential uses be permitted and
that retail, certain service uses, and a pedestrian link to the transit station be encouraged
through a development incentive system.
Sec. 611.2. Effect of SD-11 district designation.
The effect of these SD-11 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
Sec. 611.3. Class II Special permits.
611.3.1. Wren required.
A Class II Special Permit shall be required prior to approval of any permit (except when
other special permits pursuant to article 13 are issued) affecting the height, bulk, location or
exterior configuration of any existing building; or for the erection of any new building; or for
the location, relocation or alteration of any structure, parking area or vehicular way visible
from a public street.
611.3.2. Cbnsiderat ions in making Class II Special Pemut determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
section 1305, and with the special considerations listed below.
(1) Special consideration shall be given to the separation of vehicular and pedestrian
traffic and to the design and location of vehicular entrances to passenger loading
facilities and offstreet parking and loading area.
(2) To emphasize the gateway to Coconut Grove role, retail uses should have their
_principal external orientation along 27th Avenue, with ground level retail
maximizing external exposure through the use of transparent non -reflective glass.
(3) Special consideration shall be given to ground level plazas and landscaping; the
landscaping along the Dixie Highway frontage should complement landscaping of the
Coconut Grove Transit Station; the yards of parking garages that face residential
districts shall be profusely landscaped to soften and screen automobile activity;
the 28th Terrace yard and pedestrian open space shall include paved plaza areas
emphasizing palms.
Sec. 611.4. Permitted principal uses and structures.
Permitted principal uses and structures shall be as for C-1.
611.4.1 Peindtted only by special exception.
1. Drive-in facilities for financial institutions (see section 931).
t0803
91
2. Fraternities, lodges, sororities and similar uses.
3. private clubs.
4. Gasoline stations.
5. Parking garages, or parking lots to serve existing structures.
611.4.2. Linutations on uses.
Except for arts and crafts exhibits, demonstrations or performances; licensed food
vendors; sale of flowers, plants, handmade objects of art or crafts (no mass produced items);
parking lots; and seating areas for eating and drinking establishments.
611.5. Permitted accessory uses and structures.
Except
in
as iequired
section
..,
as provided
fo.- In section
. Uses and
structures
which are customarily
accessory
and clearly
incidental
to permitted principal
uses
and
structures.
Sec. 611.6. Minimum lot requirements.
611.6.1. Mn$rtm lot requirenazts shall be as follacs:
1. For residential uses only, not involving mixtures with other uses, minimum lot
width and area shall be as for R-3 districts.
2. For other uses, and for mixtures of other uses with residential uses, no specific
i dimensional minimum requirements are established, but lots shall be of sufficient
width and area to conform with other requirements and limitations of these and
other lawful regulations.
611.7. Floor area limitations.
Except as modified by section 611.7.1 below, the maximum floor area ratio for residential
and/or nonresidential shall not exceed one and a half (1.5) times the gross lot area.
611.7.1. Allacable increase in floor area for pedestrian overpass, pedestrian open space,
wrderground parking, retail uses. Subject to the Class II Special Permit
- approval, the maximum floor area shall be increased in conformance with the
_following provisions and limitations:
1.
Pedestrian overpass: The floor area ratio shall be increased by forty
percent (.40) for a pedestrian overpass which connects directly to a
metrorail station site, and has at each end an external access stairway open
at all hours of metrorail operation with a convenient pedestrian connection
to a public street sidewalk.
2.
Open space: The floor area shall be increased by one (1) square foot for
i'
each one (1) square foot of open space provided at any ground or overpass
level over the minimum required at ground level. Such open space shall be
designed for plazas, courtyards, terraces for walking, sitting or similar
passive pursuits which complement adjacent retail or office space and are
open space and accessible to the general public.
3.
Underground parking: For every three (3) square feet of underground
parking, that a building provides as an incidental principal use, the floor
area shall be increased by one (1) square foot.
4.
Retail and service uses: For every one (1) square foot of retail or
services uses that are provided within the floor area ratio permitted in
section 611.7, and meet the requirements of section 611.3.2, the floor area
shall be increased by one (1) square foot. Such uses shall have window
openings adjacent to pedestrian areas to maximize internal activities.
j: Sec. 611.8. Minimum
open space requirements.
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92
611.8.1. F)mt cued street side yards.
1. Adjacent to 27th Avenue, the yard shall be twenty-five (25) feet in minimum depth.
2. Adjacent to Dixie Highway, the yard shall be a minimum of ten (10) feet in depth.
i
3. Adjacent to 28th Terrace, the yard shall be a minimum of fifteen (15) feet in
depth.
I
611.8.2. Other yards. Except for greater dimensions required in other sections of this
ordinance, there are no minimum requirements for interior yards.
611.8.3. Pw*ing prohibited in required yards adjacent to streets. Required yards
adjacent to streets shall not be used for offstreet parking.
I
Sec. 611.9. Maximum Height.
The maximum height limitation within this district shall be one hundred forty-five (145)
feet, and no portion of the building above one hundred ten (110) feet in height shall be closer
than fifty (50) feet from the base building line. In no event shall buildings over forty-five
(45) feet in height cover in excess of twenty-five (25) percent of the lot area.
Sec. 611.10. Minimum offstreet parking.
Minimum offstreet parking requirements shall be as for C-1.
provisions or limitations shall apply:
In addition, the following
1. Any pedestrian open space or overpass square footage provided under section 611.7.1
shall not be counted for purposes of computing offstreet requirements.
2. In the event a pedestrian overpass conforming to the requirements of 611.7.1,
paragraph 1, is provided, the minimum nonresidential parking requirements shall be
one (1) per five hundred fifty (550) square feet of floor area.
3. onsite parking provided for office uses may be credited toward required parking for
movie theatres or performing arts theatres; provided, however, that the hours of
operation of such theatres shall not coincide with normal weekday business hours.
J0 63
Sec. 612. SD-12 Special buffer overlay districts.
Intent and scale.
This district is intended to create buffer areas between residential and non-residential
districts in specially defined areas of the city. Where a residential lot shares a common lot
f line with (or is separated from only by an intervening alley) certain commercial, office or
+ industrially zoned lots, such residential lots are eligible for SD-12 classifications.
Buffer overlay districts may be developed only in combination with adjoining commercial, office
or industrial lots to allow greater flexibility in development of land.
Buffer overlay districts may only be developed per the requirement of the underlvino dig+r;�t
In addition when used as -fog' surface parking lots which servg'iM the non-residential uses, they
shall be subject to the following conditions:
Permitted principal uses:
Permitted accessory uses:
Conditional principal uses:
Conditional accessory uses:
Same as underlying district.
Same as underlying district.
Those of the underlying district.
Those of the underlying district and, in addition, surface parking
to serve the abutting district by Special Exception only with City
Commission approval subject to applicable requirements of article 22
and elsewhere herein.
SD-12 lot and non-residential lot shall be under common ownership.
Non-residential frontage shall have a minimum lot width of 100 feet
and shall share a common lot line (or be separated by only an
intervening alley) for at least 80 percent of its width with the SD
12 lot.
No vehicular access to or from residential area.
Twenty (20) foot landscape buffer for the first twenty (20) feet,
measured from the base building line of the residential lot, to be
maintained in perpetuity by the property owner.
A minimum six (6) foot high wall shall be constructed twenty (20)
feet from the front property line and five (5) feet from side
property lines.
No unenclosed storage of trash or garbage, or trash or garbage
receptacles or containers shall be permitted within the residential
lot.
No variances from provisions of section 612 are permitted.
Same as underlvina district
10,000 square feet
20 feet
5 feet
20 feet
100 feet
Underlying district height.
Underlying district F.A.R.
Underlying district footprint.
For parking use, minimum of .30 times the lot area.
Same as non-residential district.
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Sec. 613. SD-13 S.W. 27th Avenue gateway district.
613.1. Intent
The major gateway to Coconut Grove is 27th Avenue. This area is of special and substantial
public interest because of the need to upgrade its amenities and visual quality. It is intended
to encourage activities along the street frontage which generator street life, consistent with
the character of Coconut Grove, which would strengthen the relation between the area and the
transit station.
Sec. 613.2. Effect of SD-13 district designation.
The effect on these SD-13 regulations shall be to modify regulations within portions of other
zoning districts included within the SO boundaries to the extent indicated herein.
Sec. 613.3. Class II Special Permit.
613.3.1. Men required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of
any existing building; or for the erection of any new building; or for the location, relocation
or alteration of any structure, parking area or vehicular way visible from a public street.
Except as otherwise indicated -i-r connection with specified ase , a Class II Special Permit shall
be required w+th for the landscaping plan to--ire--eplrrcred with final approval by the City
Commission.
No variance shall be applied for within the boundaries of this special district which affects
the height, bulk, location or exterior configuration of any existing principal structure, or for
the erection of any new principal structure, or for the erection of any sign.
613.3.2. Cbns iderat ions in mtking Class II �5Decial Pe?ndt detemtinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of this district, with the general considerations listed in section
1305, and with the special considerations listed below.
Sec. 613.4.
1. Retail or residential uses shall have their principal external orientation
along 27th Avenue, with ground level retail maximizing external exposure.
2. A minimum of sixty (60) percent of the total street level frontage on 27th
Avenue shall be utilized for uses listed under section 613.4.1.
3. Driveways shall be limited to a maximum of twenty (20) percent of the street
frontage.
Permitted principal uses and structures.
Except as required in section 613.4.1, permitted principal uses and structures shall be as
for the "0" Office District.
613.4.1. Principal uses permitted on ground floor and second level frontage on pedestricuz
streets.
In addition to the uses permitted under the R-3 classification, the following principal uses
shall be allowed on the ground floor or second floor frontage.
1. Retail establishments for sale of groceries, wearing apparel, photographic and hobby
supplies, antiques, toys, sundries, book stores open to the general public, 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; bicycle shops; stationery stores,
with or without printing services as an accessory use; videotape sales and rentals
open to the general public; jewelry stores (except pawnshops); art stores; package
liquor stores (without drive-in facilities). Aside from antique, art, jewelry, book
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and videotape stores, no such retail establishment shall deal in secondhand
merchandise.
2. Service establishments, including photographic studios; travel agencies; 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
i;. cleaning facilities with rated capacity limited to twenty-five (25) pounds per
machine, five hundred (500) pounds total for laundry, and ten (10) pounds per machine,
forty (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.
3. Restaurants, tearooms and cafes; except drive-in, or those having dancing or live
entertainment.
4. Banks savings and loans associations and similar financial institutions with no drive-
in facilities.
Sec. 613.5. Reserved.
Sec. 613.6. Minimum lot requirements.
Minimum lot frontage shall be one hundred (100) feet. This ordinance does not affect
nonconforming substandard lots existing at the effective date of this ordinance unless a
subsequent purchase of contiguous property in one (1) ownership creates a standard lot frontage.
Sec. 613.7.Floor area limitations.
The maximum floor area ratio for residential and/or nonresidential shall be one (1.00) times
the gross lot area.
Sec. 613.8. Minimum Open Space Requirements.
613.8.1. Pont setback.
1. Adjacent to 27th Avenue, there shall be a minimum front 7•erd set back of five (5)
feet, zero inches throughout the height of the ground floor only.
2. Adjacent to other streets, street front yards shall be a minimum of -fifteen (15) feet.
613.8.2. Interior side. Except as required in section 613.8.1, there shall be no minimum yard
requirement for interior side yards.
i.
613.8.3. .Hear yards. Rear yards shall be a minimum of fifteen (15) feet.
�.•
613.8.4. Linutations where lots in the X-13 district abut lots under R-1 or R-2 zoning
f•:, '
districts.
1.. A setback -requrremerrt shall be required of one (1.0) foot horizontally for every two
(2.0) feet vertically starting atthe a point twelve (12.0) feet
in height at the base building line.
2. No active recreation facilities shall be located within such yards or within twenty
(20) feet of district boundary lines.
613.8.5. Irntdscaping required; design standards.
1. Five (5) feet of the required rear yards shall be landscaped in accord with the
following standards:
a. A minimum of one (1) shade tree with a minimum height of twenty (20) feet
shall be planted for every one hundred (100) square feet of yard area.
l
b, A solid and continuous masonry wall, a minimum of eight (8) feet in height,
{
whose surfaces are stuccoed and painted, and permanently maintained on both
'
sides by the owner of the lot within the SD-13 area.
96 10863
C. Shrubs a minimum of three (3) feet in height upon at time of planting to
form a continuous screening shall be planted in addition to the wall. Hedge
l material shall be planted a minimum of one and one-half (1 1/2) feet on
center and maintained so as to form a continuous unbroken, solid visual
screen within a maximum of one (1) year after planting.
i
2. Trees, palms, hedges, ground cover, grass and other living landscape plants shall be
provided in required yard areas in accord with an approved overall landscape plan for
the development.
3. Landscaping shall be reviewed through an additional Class II Special Permit one (1)
year after issuance of a certificate of occupancy.
613.8.6. Dwelopnent alternatives and lvnitations on combination of uses by levels.
In addition to a totally residential utilization of a building, the "developer" has the
option to have a maximum of:
(a) Two (2) levels of retail and/or services establishments and one (1) level of offices
or residential for a maximum of three (3) levels; or
(b) One (1) level of retail and/or service establishments and up to three (3) levels of
offices and/or residential for a maximum of four (4) levels.
All options within the limitations of sections 613.7, 613.8, 613.9, 613.10 and 613.11.
Sec. 613.9. Maximum height.
!: No portion of any building shall be above fifty (50) feet.
Sec.. 613.10. Minimum offstreet parking
Except as established for particular uses in the schedule of district regulations for C-1
district, minimum offstreet parking shall be as indicated for the particular use. There shall be
no offsite parking allowed.
Sec. 613.11. Limitations on signs.
Limitations on signs shall be as required for SD-2 district.
1,
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Sec. 614. SD-14, 14.1, 14.2: Latin Quarter commercial -residential and residential districts.
Sec. 614.1. Intent.
The, Latin Quarter is of special public interest because of the area's distinctive ethnic
culture that includes the language, history and atmosphere. The intent of this district
designation is to reinforce and expand the area's individuality as well as to develop an Hispanic
architectural character that maximizes the resident's quality of life and attracts visitors and
tourists.
614.1.1. Intent concerning character, uses, traffic, pedestrian circulation, noted use,
architectural design, and open space for S Ys 14, 14.1, 14.2.
1. SD-14 commercial -residential district. The intent concerning character, uses,
traffic and pedestrian circulation is to create an active, lively, distinctive and
well designed urban environment which reinforces the Hispanic culture. It is
intended to create a distinct character that encourages specialty retail activity,
services, major events, exhibits and cultural uses with a strong pedestrian
orientation, uninterrupted along ground level pedestrian frontages by uses which
are not pedestrian oriented. It is also intended to facilitate opportunities for
living above places of business including combining residential and nonresidential
uses in a pattern minimizing potential adverse effects of such combinations as well
as minimizing pedestrian/automobile conflicts. The intent concerning architectural
design and open space is to create an environment depicting an Hispanic and
tropical character through the use of materials, architectural details, and
landscaping; attractive, pedestrian open spaces including plazas, courtyard,
terraces, and portales (covered arcades) available to the general public; and
appropriately located recreation areas serving the resident population. It is also
intended to create an interaction with the street environment by the use of
terraces and balconies.
2. SD-14.1 commercial -residential districts. The intent is to facilitate the creation
of additional neighborhood services, and to facilitate the expansion of commercial
areas and economic opportunities in the neighborhood and to preserve and encourage
culturally related uses.
3. SD-14.2 residential districts. The intent is to preserve and upgrade these areas;
to allow the most basic neighborhood commercial uses within residential areas; to
allow employment opportunities in the residential areas; and to facilitate the
creation of a district which reinforces the Hispanic culture throughout innovative
site planning and distinctive architecture and to encourages culturally related
uses.
Sec. 614.1.2. Effect of SD-14, 14.1, 14.2 district designation.
The effect of the SD-14 regulations shall be to supplant districts or portions of
districts included within the SD boundaries to the extent indicated herein in the Official Zoning
Atlas. The effect of the SD-14.1 and SD-14.2 regulations shall be to modify regulations within
portions of other zoning districts included within the SD boundaries to the extent indicated
herein.
Sec. 614.2. Class II Special Permit.
614.2.1. Wien required.
A Class II Special Permit shall be required prior to approval of permit (except special
permits pursuant to article 13) within the boundaries of the Latin Quarter districts for any
project involving new construction; exterior improvements including but not limited to fences,
walls, decorative building features and attachments, landscaping devices, pavement treatments,
color, signage and alterations along pedestrian street, and projects involving only improvements
visible from the public right-of-way in the remainder of the area.
614.2.2. Considerations in nulling Class II Special Permit determinations.
The purpose of the Class I1 Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
section 1305, and with the "Latin Quarter Design Guidelines and Standards_'. and any other
f
i
i
98 10 63
applicable City of Miami the design standards and guidelines.
In making a determination on Class II Special Permits the Planning
Director shall obtain the advice and recommendations of the Latin Quarter Review Board (LQRB) for
any signage over thirty (30) square feet in area; construction, alteration or improvement over
twenty-five thousand dollars ($25,000.00) in cost, or if less, whenever the Planning Director
determines such review is warranted.
614.2.3. Mterials to be subnittedurith npplioations; reviavprocess.
Materials to be submitted with applications for special permits within these districts
shall be as required generally at section 1304. In addition:
614.2.�U.1. Preliminary reviay. Three (3) sets of architectural drawings to scale
containing a minimum of a site plan with dimensions, floor plans, all elevations
visible from the street with dimensions and proposed colors, a conceptual landscaping
plan, and zoning computations. The board and/or the Planning Director may require such
additional necessary information to completely evaluate the proposed structure or
improvement including photographs.
614.2.2-3.2. Final reviay. In addition to the preliminary requirements the applicant shall
submit three (3) complete sets of architectural drawings to scale and specifications
(when required) containing a minimum of a fully dimensioned site plan, final
landscaping plan, floor plans, elevations, sections and architectural details of the
project; catalogue cuts; intended location of building and business signs; sample of
building materials; and property tree survey, shall be presented to the Latin Quarter
Review and/or the Planning Department (see article VIII of chapter 62 of the City Code
and t "Latin Quarter Design Guidelines and Standards°). For building improvements
consisting of minor modifications to the exterior including but not limited to colors,
signs, small exterior improvements, awning, wall canopies, and similar devices, only
one (1) review may be required.
614.2.2,7,3. Sign submissions. Current color photographs of the property which show its
present condition, existing materials,, colors, textures, the proposed sign location
with dimensions and other existing signs in the vicinity shall be submitted. All
photographs shall be labeled to indicate the property name and address and the
direction of view. Three (3) copies of building elevation drawings showing the size of
the sign and its location in relation to the building, complete with dimensions showing
ground clearance, length, height, width and projection shall also be submitted. Scale
drawing showing the size of the sign, details of construction, materials, colors,
lighting, style, size, color, material and spacing of letters; and method of support
and electrical connections, shall also be submitted.
614.2.22.4. 1d lding color submission. For repainting an existing structure or design
element, color chips of proposed colors and current color photographs of the property
shall be included showing its present conditions viewed from the street. For a new
building or design element, color chips(s) shall be provided and indicated in the
building elevation(s).
614.2.3_4. Latin Qcarter aviav Bmrd (LQU) reviav process.
Projects will be referred to the LQRB review by the Planning Director for their preliminary
(optional) and final review and recommendations as part of a Class II Special Permit process.
Preliminary review. Preliminary review is optional. The LQRB will recommend approval,
revision, or disapproval of the project to the Planning Director at preliminary drawings stage
before issuance of the intended decision by the Planning Director.
Final review. Prior to the issuance of the final decision by the Planning Director for a
Class LI Special Permit, the LQRB must review and recommend approval, revisions or disapproval of
final working drawings.
f
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Sec. 614.3. Commercial -residential district (SD-14).
614.3.1. ,*ecial consideration on pedestrian oriented street frontages.
On pedestrian -oriented street frontages, as shown in the zoning atlas, the following
special principles and considerations shall apply:
Ground floor frontage along pedestrian -oriented streets shall be developed primarily for
uses promoting pedestrian traffic. ("Ground floor frontage", as used here, is to be construed as
PR
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including portions of buildings directly accessible from pedestrian ways, as in the case of split
level developments with part of the entries above grade and part below, but all directly
accessible from public open space.) Permitted ground floor frontage uses shall occupy a minimum
of fifteen (15) feet in depth from the front yard).
614.3.2. Pennitteel principal uses card structures.
614.3.2.1. Principal uses Penntted on ground floor frontage of pedestrian -oriented
streets and elsadiere in LD-14. The following principal uses shall be permitted
only on the ground floor frontage of pedestrian -oriented streets and elsewhere in
SD-14:
1. Retail establishments, as follows: food stores including ice cream stores,
candy and candy manufactured for public display and retail sales, bakeries,
confectioneries, and gift shops, delicatessens, fruit and vegetable markets;
package liquor stores (without drive-in facilities); cigar sales and hand -
manufacturing stores in connection with retail sales; flower shops including
plant and shrub sales; clothing stores (new); leather goods; shoes; antique
stores, art stores and commercial art galleries; auction galleries for sale
of antiques, art objects, jewelry and the like; ceramic, china, porcelain,
glass and manufacturers of glassware for public display and retail sales,
crockery stores; jewelry stores (except pawnshops), custom made jewelry
fabrication in combination with retail sales, and silversmiths; bazaars,
boutiques and hobby shops for sale of souvenirs; small electronic equipment
and home appliance stores; stamps and coin stores; sportswear and sporting
goods; consulates; travel agencies and real estate offices; pet shops;
stationery and office supply stores open to the general public; book stores
excluding adult book stores and newsstands; video retail and rental open to
the general public; photographic studios, photographic supply stores and
record stores; optical goods stores; interior decorator supply stores;
general home furniture (new) stores; bicycle stores; hardware stores (not to
exceed sixty (60) linear feet at ground level street frontage). Such
establishments may provide incidental repair, maintenance, adjustment or
alteration services as appropriate, but facilities, operation and storage in
relation to such services shall not be visible from any street or street -
related pedestrian open space. Aside from antique stores, auction
galleries, art galleries, book stores, and jewelry stores, no such retail
establishment shall deal in secondhand merchandise.
2. Cultural facilities, entertainment and recreational uses as follows: live
performances; dancing; music; theatres and movies; art galleries, museums
and art workshops both indoor and outdoor; auditoriums; concert halls; and
similar uses, but excluding activities associated with adult entertainment.
3. Restaurants; supper clubs and cafes (indoor/outdoor), tearooms, including
those with dancing, live entertainment and with outdoor dining areas; and
similar uses but excluding activities associated with adult entertainment.
They are subject to limitations indicated for Buffer overlay districts.
Drive -through facilities for restaurants, cafes and tearooms are only
permitted after approval of the City Commission and zoning board utilizing
standards and review procedures for special exceptions. Drive -through
facilities approval may be granted for a period not to exceed five (5) years
from the date the certificate of occupancy is issued. Renewal after five
(5) years shall use the same process.
4. Publicly owned or operated parks, mini parks or recreational/cultural
facilities.
5. Service establishments, which typically rely on business attracted by window
display of services or merchandise, including tailoring, custom dressmaking,
millinery or drapery fabrication, except where products are for off -premises
sale; pharmacies; barbershops and beauty parlors; photostat and duplicating
service; locksmiths; shoe and leather goods repairs.
6. Production of handmade artwork and mass-produced artwork incidental to sale
at retail on the premises and for public display.
1. Banks, savings and loan associations and similar financial institutions
excluding drive-in tellers not to exceed sixty (60) linear feet at ground
level street frontage.
100 10863
8. Hotels and other facilities for transient dwelling or lodging. Retail use
shall occupy at least seventy (70) percent of ground level street frontage
when facility exceeds one hundred (100) linear feet.
9. Entrances to uses above or behind the uses permitted on ground floor
frontage of pedestrian -oriented streets.
10. Commercial parking garages with commercial activity at ground level
pedestrian oriented street frontage.
11. Structures and uses relating to operation of public utilities, railway or
other transit right-of-way.
12. Places of worship.
13. Mortuaries of funeral homes with a maximum of two (2) retorts as an
accessory use.
14. Structures and uses other than those listed above required for the
performance of a governmental function, except uses involving extensive
storage or with storage as the primary purpose.
15. Radio, television stations, and studios with live performance, filming
and/or recording, but excluding activities associated with adult
entertainment.
16. Post -secondary public or private educational facilities.
17. And other similar types of activities or sales of merchandise which are not
more objectionable to the public welfare than the items listed above.
614.3.2.1.1. Limitations on outdoor uses. All sales, displays and service
activities of uses permitted in section 614.3.2.1 above shall be contained
within completely enclosed buildings, except that in open space or
partially open space there may be outdoor dining areas and cafes; cultural
facilities, entertainment and recreational uses; exhibits and sales of arts
and crafts (other than those involving mass-produced items); souvenirs;
sale and display of flowers, plants and shrubs, vegetables, produce, citrus
or other unpackaged food. Sidewalk vendors shall be allowed subject to
conditions and limitations contained in chapter 39 of the City Code.
614.3.2.2. Pi?mutted principal uses in the XL14 except on growtd floor frontagL of
pedestrian -oriented streets. In addition to all uses permitted on ground floor
frontage of pedestrian -oriented streets as indicated in section 614.3.2.1, the
following shall be permitted either above or behind establishments developed with
such frontages,.but not within such ground floor frontage,,except as provided in
�.. section 614.3.2.3:
I. As for the R-4 for uses permitted or conditional therein, provided that:
(a) Rooming and lodging houses, tourist and guest homes, apartment or
residence hotels, and community -based residential facilities are not
permitted.
2. Dancing, party and/or banquet or social halls; private clubs; lodges;
fraternities, and sororities.
3. Offices, business or professional; banks, savings and loan association.
4. Schools, public or private including business colleges, trade schools
(except those having external evidence or activities of an industrial
nature); conservatories; dancing schools.
5. Child care centers shall be permitted only by Class II permits if for less
than fifteen (15) children, by special exception if for fifteen (15) or more
Ichildren, subject to the requirements and limitations of section 936, "Child
f day care centers".
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6. Clinics; laboratories, medical and dental offices shall be permitted only by
special exception.
7. Parking lots and parking garages shall be permitted only by special
exception. Parking lots shall provide a visual screen from the street.
8. Sewing shops shall be permitted only by Class II Special Permit if for ten
(10) or less machines, by special exception if for more than ten (10)
machines.
9. Health, fitness clubs but excluding uses associated with adult
entertainment.
10. Coin -operated laundry facilities limited to fifteen (15) washing machines
and fifteen (15) dryers.
11. And other similar types of activities or sales of merchandise which are not
more objectionable to the public welfare than the items listed above.
614.3.2.3. l)ecial rules concerning extent and location of certain uses on 6-7-ound
floor frontage of pedestrian -oriented streets W-14). The following rules shall
apply concerning extent and location of the following uses on ground floor
frontage of pedestrian -oriented streets:
1. On corner lots adjoining pedestrian -oriented streets on two (2) exposures,
limitations as to the uses permitted on ground floor frontage shall apply to
both exposures of such lots.
2. Where the frontage of a lot on a pedestrian -oriented street is occupied at
the ground floor level by uses permitted under the limitations of section
614.3.2.1 for at least seventy (70) percent of lot width, the remaining
frontage may be occupied as entrances inside or outside buildings to uses
above or behind those on the ground floor frontage, or as driveways or
walkways providing access to uses or parking or service areas behind the
pedestrian -oriented frontage.
f
{ 614.3.3. Pi?nnitted accessory uses and structures.
i
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall ,be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require an additional Class II Special
Permit. The following special limitations or exceptions shall apply to accessory uses and
structures in this district:
1 Roofed shelters open at the side and toward the street for at least forty (40)
G percent of the perimeter of coverage; glassed enclosures which have at least forty
' (40) percent of operable sliding glass doors; exhibit and display stands and cases;
community or neighborhood bulletin boards or kiosks. Such facilities for outdoor
service or display may be permitted in appropriate locations in any pedestrian open
space on private property fronting on a pedestrian street if they do not interrupt
pedestrian traffic flow, either under original special permit action or by
subsequent Class II Special Permit. If so approved, such shelters, structures or
facilities shall be exempted from limitations generally applying to occupancy of
yards or pedestrian open space. Sheltered areas as indicated and areas for service
of food or drinks shall not be included in floor area limited by floor area ratios
on the property, or counted in computing offstreet parking requirements. Occupancy
by such shelters, structures or facilities shall not exceed thirty (30) percent of
total pedestrian open space required in relation to the property. In this
district, such coverage or occupancy shall be allowable notwithstanding general
limitations on occupancy of required yards in other open spaces.
2. Facilities for service of food and drink, temporary shelters, bulletin boards,
kiosks, signs, exhibit and display stands may be permitted in appropriate locations
in pedestrian open space within the property lines on a pedestrian -oriented street.
If so approved, such structures shall be exempted from limitations generally
applying to yards, public open space, and floor area. Occupancy by such shelters,
structures or facilities shall not exceed fifty (50) percent of the required
pedestrian open space.
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3. Outdoor exhibits, displays, sales or other activities may be conducted in
pedestrian open space on property adjacent to pedestrian oriented streets even
though not customarily accessory to the adjacent principal use, if approved as to
location, design, improvement. They shall also include provisions for maintenance,
management and provision for free pedestrian movement through the area without
unreasonable interruption by facilities or activities in connection with the
special permit required. Areas or facilities so approved may be used for regular,
intermittent, or temporary special events without further permitting which might
otherwise be required under these zoning regulations for such events.
4. Bars, saloons, and taverns, including those with dancing and live entertainment;
and similar uses, but excluding activities associated with adult entertainment are
permitted in such ground floor locations along pedestrian -oriented streets or
elsewhere within this district only if combined with restaurants and supper clubs
and only subject to limitations on Buffer overlay districts. When the area of the
bar, saloon or tavern exceed fifty (50) percent of the permitted principal use, a
special exception is required. The bar and saloon area is considered the space for
serving beverages, counter area, sitting and circulation space around the counter
area.
5. Temporary special events involving gatherings at opening ceremonies, festivals,
special promotions, amusement activities, and the like, to the extent not otherwise
licensed, controlled, or regulated under other city regulations, shall be permitted
only by Class I Special Permit subject to the following conditions:
(a) Such use shall not be established for a period exceeding thirty (30) days.
6. Antennas, including dish antennas and similar devices shall be located, whenever
possible, in the interior portion of the site, and shall be appropriately screened
from public view.
614.3.4. &served.
614.3.5. Mninun lot requirenants; floor area Ibnitations; minimrnopen space requirenmts.
614.3.5.1. Mnimm lot requiremmts.
1. For residential uses only, not involving mixtures with other uses, minimum
lot width and area shall be as for R-3 districts.
2. For other uses, and for mixtures of other uses with residential uses, no
specific dimensional minimum requirements are established (except for floor
area increases provision in section 614.3.5.2.1.), but lots shall be of
sufficient width and area to conform with other requirements and
limitations of these and other lawful regulations.
614.3.5.2. Floor area limitations.
614.3.5.2.1. Floor area limitations for residential or nonresidential use in a.
building; floor area linutations for ccubination residential and
nonresidential uses in a building. Except as modified by section
614.3.5.2.2 below:
1. For SD-14, other than pedestrian -oriented streets, the maximum floor
area ratio in a building shall not exceed two (2.0),times the gross
lot area.
2. For SD-14, along pedestrian -oriented streets and the south side of
S.W. 7th Street the maximum floor area ratio shall not exceed two
(2.0) times the gross lot area (not counting allowable increases in
floor area as set forth in 614.3.5.2.2). The total floor area ratio
including allowable increases in floor area as set forth in
614.3.5.2.2 shall not exceed two and seventy-five hundredths 2.75
times the gross lot area. Before any floor area or floor area ratio
increase can be applied, portales must be provided.
3. Building footprint: maximum of .40 times the gross lot area.
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4. Open terraces or open balconies with or without temporary fabric
cover fronting pedestrian -oriented streets used for food related
activities shall not be included in the computation of floor area
limited by floor area ratios on the property or counted in computing
offstreet parking requirements, but occupancy by such terraces or
balconies shall not exceed twenty-five (25) percent of the total
public open space in relation to the property.
5. Campaniles or bell towers visible from pedestrian -oriented streets
in the project's vicinity shall not be included in the computation
of floor area if the footprint of the campanile does not exceed two
hundred twenty-five (225) square feet. if the footprint exceeds two
hundred twenty-five (225) square feet, the excess will be counted as
floor area.
614.3.5.2.2. Allauzble increase in floor area in XL14 at pedestrian oriented
streets and south side of S.W. 7th Street; for pedestrian open space,;
nu.xed use buildings, theaters. The floor area and/or floor area ratio
shall be increased in conformance with the following provisions and
limitations:
1. Pedestrian open space: For every square foot of pedestrian open
space that a building provides that meets the requirements of
section 614.3.5.3.2, over the required amount of pedestrian open
space the floor area shall be increased by two (2) square feet for
any permitted uses. The increase shall not exceed a maximum of
four -tenths (0.4) times the gross lot area.
2. Mixed use buildings: For every square feet of residential floor area
that a combination of residential and nonresidential building
provides within the basic FAR of —two (2.0), the floor area shall be
increased by one (1) square foot, for any permitted uses. The
increase shall not exceed a maximum of six -tenths (0.6) times the
gross lot area.
3. Theaters, restaurants, museums, art galleries and similar cultural
uses at ground level: For each one (1) square foot that a building
provides for a theater for the performing arts for a community
theater, restaurant, museum, art gallery or similar cultural use,
the floor area shall be increased by four (4) square feet. A
community theater is defined as an enclosed space suitable for a
variety of cultural arts performances, permanently available.
Principal use of the space shall be for public performing arts
presentations, although incidental use for private meetings,
exhibits and presentations shall be permitted. The increase shall
not exceed a maximum of three -tenths (0.3) times the gross lot area.
614.3.5.3. Mnimm open space requirements.
614.3.5.3.1. Mnimm yards. Yards in SD-14 shall be as follows:
(a) Front and street side yards adjacent to a street shall be a minimum
of ten (10) feet except at the south side of S.W. 7th Street, 9th
Street, and the avenues and courts located south of S.W. 8th Street
where the yard adjacent to the street shall be a minimum of twenty
(20) feet. In addition, the building (excluding the portales and
construction above the portales) at the yard line shall be set back
one (1) foot horizontally for every five and five (5) feet of
building height above forty (40) feet on the front and side streets.
Balconies, parapets, columns and sunscreens above forty (40) feet
may penetrate this setback; however, such penetration shall not
exceed five (5) feet.
(b) Rear yard shall be a minimum of ten (10) feet on lots abutting SO-
14.1 or C-1 districts, and twenty (20) feet on lots abutting SD-14.2
or R-3 districts.
(c) The building (excluding the portales and the construction above the
portales) at the inner edge of the yard line and above forty (40)
feet in height, shall be set back one (1) foot horizontally for
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every five (5) feet of building height on the front, rear and side
streets. Balconies, parapets, columns and sunscreens above forty
(40) feet may penetrate this setback, but such penetration shall not
exceed five (5) feet.
(d) Portales may be constructed within the yard space. However, when
front or street side yards are twenty (20) feet, a minimum of ten
(10) feet shall be provided between the sidewalk and the external
face of the portal. (See section 614.3.5.3.2.)
(e) Construction above portales may be allowed to a maximum height of
thirty (30) feet along pedestrian streets and the south side of S.W.
7th Street; however, in no instance shall the distance between the
edge of the curb and the exterior face of the portal wall shall be
less than nine (9) feet if the portal is higher than fourteen (14)
feet to the top of the parapet.
(f) Parking shall not be permitted on the front yard of pedestrian
streets (see section 614.3.7.1).
(g) Canopies and awnings as pedestrian entry shelters may cover the
required yard.
614.3.5.3.2. Public open space (P.O.S.) for conmrcial use and residential
open space for residential use. Public open space for commercial use shall
be a minimum of twenty-one (21) percent of its gross lot area. Public open
space for residential use shall be a minimum of forty-five (45) percent of
its gross lot area. Public open space for commercial, office, other non-
residential uses is a part of the total open space and includes outdoor
areas such as portales (arcades), interior patios, urban plazas, green
areas, walkways, paved terraces, sitting areas, upper deck terraces,
balconies, outdoor recreation areas and landscaped or sidewalk portions of
street right-of-way. It may also include roofs and covered, partially
enclosed spaces for public use. Residential open space is that part of
total open space including lawns and other landscaped areas, walkways,
portales, paved terraces and sitting areas, outdoor recreational areas, and
landscaped or sidewalk portions of street rights -of -way, appropriately
improved and located for outdoor use by occupants and visitors, for safety,
convenience, and aesthetic appeal. Residential open space (R.O.S.) may
include aboveground balconies, decks, or roofs similarly improved. Such
space shall not be used by vehicles except for maintenance or emergency
actions. By Class II Special Permit, certain enclosed areas may be
credited as R.O.S. when serving the same function as outdoor space; they
would have to serve public purpose as well or better if appropriately
enclosed or shielded against wind and/or rain. Public open spaces shall be
provided, improved and maintained as generally required in this district
Public open space for all ground floor uses along pedestrian streets may be
provided at ground level or located at first and/or second level above
grade at terraces and decks facing the street and/or plaza. To these ends,
all pedestrian open space provided on pedestrian -oriented street frontages
shall be appropriately treated, finished and landscaped at ground level and
furnished for active and passive pedestrian enjoyment, comfort and
convenience. With the exception of required yard and setback areas at.
ground levels, a maximum of twenty (20) percent of public open space may be
provided at any level that serves the commercial uses (see section 611).
In mixed use buildings a maximum of fifty (50) percent of the POS for
residential uses may be located at the roof if at least fifty (50) percent
of the roof is used for residential and has access for the handicapped.
Adequate pedestrian amenities must be provided for occupants and visitors
as well as considerations for security, safety and aesthetic appeal.
Surface parking lots or a portion of them and driveways located in the side
or front of a building adjacent and visible from the pedestrian -oriented
street may be considered as part of the POS for commercial use. These
spaces should be able to be used as plazas during special occasions. For
every square foot of decorative paved surface provided, only half will be
credited as POS. No more than twenty (20) percent of the required POS for
commercial use may be occupied by parking lots with decorative surface.
Portales must be provided at all new buildings located along pedestrian -
oriented streets. Building projects that provide portales (covered
arcades), interior patios, urban plazas, upper deck terraces, balconies,
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campaniles and pedestrian open spaces which are improved and maintained in
accordance with the following requirements may have the floor area
increased in accord with the provisions of section 614.3.5.2.2:
1. Portales shall be a continuous open space adjacent to a public
street sidewalk. Portales shall have a minimum width of nine (9)
feet unobstructed by columns, utilities or similar features, and
shall conform to the elevation of the adjoining public sidewalk
whenever possible. Maximum width of portales shall be twenty (20)
feet. Portales shall be continuous along the front of the property
and/or building, and accessible to the public at all times. Outdoor
cafes may be located at the portales.
2. Interior patios shall be located within the building interior and
shall be accessible to the public at all times during business hours
of the commercial establishment. Interior patios shall contain
substantial amenities for public enjoyment such as fountains,
seating, landscaping, art work, lighting, different floor finishes
and other improvements. Outdoor cafes, vendors, display space,
and/or retail stores on the perimeter may occur. Minimum
unobstructed patio size in four hundred (400) square feet and a
minimum dimension of fifteen (15) feet.
3. Urban plaza: Space shall be open and unobstructed to the sky or
covered with a trellis, a visible transparent or translucent
material for an area not less than its minimum required size and
accessible to the public at all times during business hours.
Qualified urban plaza space shall contain substantial amenities for
public enjoyment such as fountains, seating, landscaping, art work,
and lighting. Qualified urban plaza space shall have a minimum area
of six hundred (600) square feet, shall extend along a public
sidewalk for a length of at least twenty (20) feet and permit
unobstructed access from a sidewalk for a length of at least twenty
(20) feet. It shall also have a minimum depth of at least twenty
(20) feet and be at the same level with the public sidewalk whenever
possible. This space shall not exceed fifty (50) percent of the
linear frontage of the site on any given street. The plaza space
shall have a direct pedestrian connection to any internal
development circulation corridors, malls, lobbies or similar primary
pedestrian distribution systems within a structure abutting the
plaza. Distance from the edge of one plaza to another shall be a
minimum of one hundred (100) feet along the same sidewalk. For
additional urban plaza activity, landscaping, seating, lighting and
other requirements, see the "City of Miami Design Standards and
Guidelines".
4.
Upper deck terraces shall be located at upper floors, facing the
street, at interior patio or in an urban plaza, accessible to the
public at all times during business hours of the commercial
establishment. Upper deck terraces shall have a minimum width of
ten (10) feet and a minimum area of two hundred (200) square feet
They shall be open and unobstructed to the sky or covered over with
-
a trellis, visible transparent or translucent material or canvas
awning.
5. Balconies shall be located at upper floors visible from the street
(pedestrian, arterial or collector). Balconies shall be open to the
outdoor air on at least one side and shall have a minimum depth of
three (3) feet and a minimum length of four (4) feet. They shall be
located in front of the doors of residential and/or commercial
establishments. Balconies may penetrate the setback not more than
twenty-five (25) percent.
6. Campaniles: The open and upper portion of the campanile which is
visible from the pedestrian -oriented street may be considered as
POS.
7. Outdoor and indoor common recreation space: For design standards
for outdoor and indoor recreation space for residential use, see the
"City of Miami Design Standards for Open Space and Residential
Recreation Space and-8aideiines".
MITI
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{ARTICLE 7. HC HERITAGE CONSERVATION OVERLAY DISTRICTS
GENERAL PROVISIONS
Sec. 700. Intent and purpose.
It is the intent of these regulations to preserve and protect the heritage of the City of
Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration, and
public awareness of Miami's historic, architectural, and archeological resources. HC districts
are intended to:
1. Effect and accomplish the protection, enhancement, perpetuation, and use of
structures, landscape features, archeological resources, areas, neighborhoods, and
scenic vistas which represent distinctive elements of the city's historical,
cultural, archeological, aesthetic, and architectural heritage;
2. Foster civic pride in the accomplishments of the past;
3. Protect and enhance the aesthetic and environmental character, diversity, and
interest of neighborhoods;
4.Stabilize and improve property values in neighborhoods and in the city as a whole;
5. Protect and enhance the city's attraction to residents, tourists, and visitors and
thereby serve as a support and stimulus to the economy;
6. Promote the use of historic sites, historic districts and archeological zones for
the education, pleasure and welfare of the people of the City of Miami.
700.1. .Pwpose of regulations relating to W districts.
i The purpose of regulations relating to HC districts is to:
I 1. Identify and designate as HC districts those historic sites, historic districts,
i and archeological zones that have significance in the city's historical, cultural,
archeological, aesthetic, and architectural heritage;
2. Assure that alterations within HC districts are compatible with the historic
character of the HC district;
3. Assure that new structures, uses, or landscape features within HC districts or
their visual environs are compatible with the historic character of the HC
district;
4. Promote the preservation of historic sites and districts by providing for
incentives such as, but not limited to, conditional uses, transfer of development
i rights, and considerations relating to parking, yards, and other elements of zoning
authority.
Sec. 701. Effect of HC district designation.
HC districts may have the effect of modifying the requirements, regulations, and
procedures applying in existing zoning districts, or zoning districts hereafter created and
remaining after the HC districts are superimposed, to the extent provided in this article.
Sec. 702. Definitions.
The following definitions shall apply only to this article:
Alteration. An alteration is any change affecting the exterior appearance of an existing
structure by additions, reconstruction, remodeling, or maintenance involving change in color,
form, texture, signs, or materials, or any such changes in appearance of designated interiors.
i
Applicxnzt. An applicant is the owner of record of a property and/or structures located
thereon, or his legal representative.
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Archeological conservation area. An archeological conservation area is a geographically
defined area delineated in the Miami Comprehensive Neighborhood Plan on the Future Land Use Plan
Map Series entitled "Historic District Boundaries and Historically Significant Properties
Meriting Protection."
Archeological zone. An archeological zone is a geographically defined area, designated as
an HC district, which may reasonably be expected to yield information on local history or
prehistory based upon broad prehistoric or historic settlement patterns.
Archeological site. An archeological site is a single specific location which has yielded
or is likely to yield information on local history or prehistory. Archeological sites may be
found within archeological zones, historic sites, or historic districts.
Certificate of appropriateness. A certificate of appropriateness is a written document,
issued pursuant to this article, permitting specified alterations, demolitions, or other work
within an HC district.
Cbntributing structure/landscape feature. A contributing structure or landscape feature
is one which by location, design, setting, materials, workmanship, feeling, and association adds
to the sense of time and place and historical development of a historic site or historic
district.
Damlition. Demolition. is the complete destruction of a structure, or any part thereof.
Ground disturbing activity. Ground disturbing activity is any excavation, filling,
digging, removal of trees, or any other activity that may alter or reveal an interred
archeological site.
I-istoric district. A historic district is a geographically defined area, designated as an
HC district, possessing a significant concentration, linkage, or continuity of sites, structures,
or landscape features united by past events or aesthetically by plan or physical development.
Ffistoric site. A historic site is a single lot or portion of a lot, designated as an HC
district, containing a structure, landscape feature or archeological site, or a historically
related complex of structures, landscape features or archeological sites.
Landscape feature. Landscape feature means all vegetation, geological features, ground
elevation, bodies of water, or other natural or environmental features.
0-dinary rnzintenance or repair. Ordinary maintenance or repair means work done to prevent
or to correct any physical deterioration or damage of a structure, or any part thereof by
restoring it, as nearly as practicable, to its appearance prior to such deterioration or damage.
Structure. A structure is anything constructed or erected, the use of which requires a
fixed location on the ground or attachment to something having fixed location on the ground.
LiareasonabCe or undue ecozzozzic hardship. Unreasonable or undue economic hardship is an
onerous and excessive financial burden that destroys reasonable and beneficial use of property
I and that would amount to the taking of property without just compensation, or failure to achieve
a reasonable economic return in the case of income producing properties.
Sec. 703. Heritage conservation board; heritage conservation officer.
The Heritage Conservation Board (hereinafter referred to as the "board") and the heritage
conservation officer as established under chapter 62, article VII of the Miami City Code shall
carryout duties as assigned by this article and the City Code.
Sec. 704. Designation of HC districts.
I
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704.1. aiferia for designation.
Historic sites, historic districts, and archeological zones may be designated as HC
districts if they have significance in the historical, cultural, archeological, aesthetic, or
architectural heritage of the city, state, or nation; possess integrity of design, setting,
materials, workmanship, feeling, and association; and meet one (1) or more of the following
criteria:
1. Are associated in a significant way with the life of a person important in the
past; or
2. Are the site of a historic event with significant effect upon the community, city,
state, or nation; or
3. Exemplify the historical, cultural, political, economic, or social trends of the
community; or
4. Portray the environment in an era of history characterized by one (1) or more
distinctive architectural styles; or
5. Embody those distinguishing characteristics of an architectural style, or period,
or method of construction; or
6. Are an outstanding work of a prominent designer or builder; or
Contain elements of design, detail, materials or craftsmanship of outstanding
quality or which represent a significant innovation or adaptation to the South
Florida environment; or
Have yielded, or may be likely to yield, information important in prehistory or
history.
Procedures for designation.
Historic sites, historic districts, and archeological zones that meet the criteria set
forth in section 704.1 may be designated as HC districts according to the following procedures:
704:2.1. Proposals and prelirrunary evaluation. Proposals for designation may be made
to the board by any one (1) of its members, the City Commission, the planning
department, any other city department, agency, or board, the Metropolitan Dade
County Historic Preservation Board, or any interested citizen. The board may
conduct a preliminary evaluation of the data provided in the proposal for
conformance with criteria set forth in section 704.1; and may, if appropriate,
direct the planning department to prepare a designation report. The board may
require the party initiating such proposal to provide any necessary documentation,
and to pay any applicable fees.
704.2.2. Preparation of designation report. For every proposed historic site,
historic district, and archeological zone, the planning department shall prepare a
designation report containing the following information:
704.2.2.1. Iksignation report. The designation report shall contain a statement
of the historic, architectural, and/or archeological significance of the
proposed historic site, historic district, or archeological zone; the
criteria upon which the designation is based; a physical description of the
property; an identification of the structures and/or landscape features that
contribute to the character of the historic site or historic district;
present trends and conditions; incentives to encourage preservation,
rehabilitation, or adaptive use; and the appropriate HC district
classification.
704.2.2.2. Bntaularies. The designation report shall include a map or maps
indicating proposed boundaries. Boundaries for historic sites shall
generally include the entire property or tract of land, unless such tract is
so large that portions thereof are visually and functionally unrelated to any
contributing historic structure. Historic district boundaries shall in
general be drawn to include all contributing structures reasonably contiguous
within an area and may include properties which individually do not
contribute to the historic character of the district, but which require
regulation in order to control potentially adverse influences on the
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character and integrity of the district. Archeological zone boundaries shall
generally conform to natural physiographic features which were the focal
points for prehistoric and historic activities or may be drawn along property
lines, streets, or geographic features to facilitate efficient management.
704.2.2.3. Interiors. Interior spaces that have exceptional architectural,
artistic, or historical importance and that are customarily open to the
public may be subject to regulation under this article. The designation
report shall describe precisely those features subject to review and shall
set forth standards and guidelines for such regulations.
704.2.3. I*ritage conseroation board public hearing, recauundation. The board shall
conduct a public hearing with notice as set forth in chapter 166, Florida Statutes,
as amended. If the board finds that the proposed HC district meets the criteria
set forth in section 704.1, it shall transmit its recommendation to the planning
advisory board or zoning board and the city commission. Such recommendation shall
be transmitted to the planning advisory board or zoning board within sixty (60)
calendar days. If the board finds that the proposed HC district does not meet the
criteria set forth in section 704.1, no further action shall be taken by the city.
The board may rehear proposals based upon policies set forth in its rules of
procedure.
704.2.4. Final approwl of IE district designations. An affirmative recommendation by
the board for the designation of HC districts shall be processed as an amendment to
the official zoning atlas as provided in article 22, "Amendments," except
recommendations of the planning advisory board or zoning board shall be based upon
effects of the proposed HC district regulations on the Miami Comprehensive
Neighborhood Plan or other adopted planning and zoning policies, but shall not
involve an evaluation of the historic significance of the proposed HC district.
The ordinance amending the zoning atlas shall incorporate or reference the
designation report.
704.2.5. Mratorian following affimutice recommdation by the board. Following the
date of the public hearing at which the board issues an affirmative recommendation
for designation pursuant to section 704.2.3 above, no permits shall be issued by
the building and zoning department for any new construction, alteration,
relocation, demolition, or ground disturbing activity that may affect the proposed
HC district, until one of the following has occurred:
1. The proposed HC district designation is adopted by the City Commission and a
certificate of appropriateness is issued under the provisions of section 705;
or
2. The proposed HC district designation is denied by the City Commission; or
3. The applicant has requested an accelerated approval of a certificate of
appropriateness prior to designation of the proposed HC district; and such
certificate of appropriateness has been issued under the provisions of section
705.
704.3. IE districts designated under precious zoning ordinances.
All existing and future HC districts shall be subject to the provisions of this article.
Sec. 705. Certificates of appropriateness.
705.1. Certificates of cppropriateness, uhen required.
A certificate of appropriateness shall be required for any new construction, alteration,
relocation, or demolition that may affect any structure or landscape feature within a historic
site or historic district designated as an HC district. A certificate of appropriateness shall
be required for any ground disturbing activity within an archeological site or archeological zone
designated as an HC district or within an archeological conservation area. No permits shall be
issued by the building and zoning department for any work requiring a certificate of
appropriateness unless such work is in conformance with an approved certificate.
705.2. Proce -es for issuing certificates of appropriateness.
Where a certificate of appropriateness is required, the following procedures shall govern.
138 10863
705.2.1. Pr•eapplicatiai conference(s). Before submitting an application for a
certificate of appropriateness, an applicant is encouraged to confer with the
heritage conservation officer to obtain information and guidance before entering
into binding commitments or incurring substantial expense in the preparation of
plans, surveys, and other data. At the request of the applicant, the heritage
conservation officer, or any member of the board, an additional preapplication
conference shall be held between the applicant and the board or its designated
representative. The purpose of such conference is to further discuss and clarify
conservation objectives and design guidelines in cases that do not conform to
established objectives and guidelines. In no case, however, shall any statement or
representation made prior to the official application review be binding on the
board, the City Commission or any city department.
745.2.2. 4mlieation for certificate of appropriateness. The applicant shall submit
to the heritage conservation officer an application together with supporting
exhibits and other materials required by the rules of procedure of the board. No
application shall be deemed to be completed until all supporting materials required
have been provided, and any established fees paid.
705.2.3. Stcnzdad certificates of appropriateness. Where the action proposed in an
application is a minor improvement, as specified by the rules of procedure of the
board, and is clearly in accord with the guidelines for issuing certificates of
appropriateness as set forth in section 705.3, the heritage conservation officer
shall, within ten (10) calendar days of receipt of the completed application, issue
a standard certificate of appropriateness, indicating in writing, conformity with
specified guidelines. Following such certification, permits dependent upon it may
be issued if otherwise lawful.
Where the heritage conservation officer finds that the action proposed in an
application is not clearly in accord with the guidelines, such application shall be
classified as a special certificate of appropriateness.
705.2.4. $ecial certificates of appropriateness. Where the action proposed in an
application involves a major alteration, relocation, or demolition, as specified by
the rules of procedure of the board, the application shall be classified as a
special certificate of appropriateness, and the following procedures shall govern.
705.2.4.1. I*ritage conservation board public hearing. When a completed
application is received, the heritage conservation officer shall place the
application on the next regularly scheduled meeting of the board. The board
shall hold a public hearing with notice of the application and the time and
place of the hearing as follows:
I. The applicant shall be notified by mail at least ten (10) calendar days
prior to the hearing.
2. Any individual or organization requesting such notification and paying
-
any established fees therefor shall be notified by mail at least ten
(10) calendar days prior to the hearing.
3. An advertisement shall be placed in a newspaper at least ten (10)
calendar days prior to the hearing.
4. Any additional notice deemed appropriate by the board.
705.2.4.2. D?cision of the heritage cazservatiaz board. The decision of the
board shall be based upon the guidelines set forth in section 705.3, as well
as the general purpose and intent of this article and any specific planning
objectives and design guidelines officially adopted for the particular HC
district. No decision of the board shall result in an unreasonable or undue
economic hardship for the owner. The decision of the board shall include a
complete description of the reasons for such findings, and shall direct one
(1) of the following actions:
I. Issuance of a special certificate of appropriateness for the work
proposed by the applicant; or
2. Issuance of a special certificate of appropriateness with specified
modifications and conditions; or
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108C3
3. Denial of a special certificate of appropriateness, subject to the
limitations in section 705.3.2-1; or
4. Issuance of a special certificate of appropriateness with a deferred
effective date up to six (6) months in cases of demolition or relocation
of a contributing structure or landscape feature, pursuant to the
provisions of sections 705.3.2, 3, and 4, or up to sixty (60) calendar
days for any work potentially affecting an archeological site,
archeological zone, or archeological conservation area, pursuant to the
provisions of sections 705.3.5.
7015.2.4.3. ML, luiutations. If no action is taken upon an application by the
board within sixty (60) calendar days, except the month of August, from the
receipt of a completed application, such application shall be deemed to have
been approved; and the heritage conservation officer shall authorize issuance
of any permit dependent upon such certification, if otherwise lawful,
recording as authorization the provisions of this section. This time limit
may be waived at any time by mutual written consent of the applicant and the
board.
705.2.4.4. &cords. Written copies of all decisions and certificates of
appropriatenessshall be filed with the planning department.
705.2.4.5. 6ppwls. The applicant, the City, or any citizen may appeal to the
City Commission any decision of the board on matters relating to certificates
of appropriateness by filing within fifteen (15) calendar days after the date
of the decision, a written notice of appeal with the hearing boards division
of the building and zoning department, with a copy to the heritage
conservation officer. Said notice of appeal shall set forth concisely the
decision appealed from and the reasons or grounds for the appeal. Each
appeal shall be accompanied by a fee established by the City Commission to
cover cost of publishing and mailing notices of hearing. The City Commission
shall hear and consider all facts material to the appeal and render a
decision promptly. The City Commission may affirm, modify, or reverse the
board's decision. The decision of the City Commission shall constitute final
administrative review, and no petition for rehearing or reconsideration shall
be considered by the city. Appeals from decisions of the City Commission
may be made to the courts as provided by the Florida Rules of Appellate
Procedure.
705.2.4.6. Changes in approved uorh. Any change in work proposed subsequent
to the issuance of a certificate of appropriateness shall be reviewed by the
heritage conservation officer. If the heritage conservation officer finds
that the proposed change does not materially affect the historic character or
the proposed change is in accord with approved guidelines, standards, and
certificates of appropriateness, the officer may issue a supplementary
standard certificate of appropriateness for such change. If the proposed
f.. change is not in accord with guidelines, standards, or certificates of
11 appropriateness previously approved by the board, a new application for a
`i special certificate of appropriateness shall be required.
f
705.3. Chidelines for issuing certificates of appropriateness.
70�i'.3.1. Alteration of existing structures, nau coatstructzon. Generally, for
applications relating to alterations or new construction as required in section
705.1, the proposed work shall not adversely affect the historic, architectural, or
aesthetic character of the subject structure or the relationship and congruity
between the subject structure and its neighboring structures and surroundings,
including but not limited to form, spacing, height, yards, materials, color, or
rhythm and pattern of window and door openings in building facades; nor shall the
proposed work adversely affect the special character or special historical,
�- architectural or aesthetic interest or value of the overall HC district. Except
where special standards and guidelines have been specified in the amendment
j creating a particular HC district, or where the board has subsequently adopted
additional standards and guidelines for a particular HC district, decisions
!` relating to alteration or new construction shall be guided by the U.S. Secretary of
the Interior's "Standards for Rehabilitation."
j 705.3.2. Lbrnlition of existing structures.
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614.3.6. bright lbnitations.
There shall be no height limitations in this district.
614.3.7. Offstreet parhing and loading.
614.3.7.1. 3-14 offstreet parleing and loading. Except as established for R-3 and C-1
districts, minimum offstreet parking requirements shall be as indicated for the
particular use. Offstreet loading requirements shall be as provided in sections
922-923.
In addition, the following provisions or limitations shall apply:
1. Since it is intended that automotive traffic related to nonresidential uses
shall be minimized on pedestrian -oriented streets, location of
nonresidential offsite parking shall permitted as provided at sections 918,
922 and 923, but without any demonstration or required finding as to
practical difficulties or unnecessary hardship in providing required parking
on the site. Offsite required parking for residential uses shall require
such demonstration and finding.
2. In addition to the reductions in offstreet parking requirements, provisions
for deferral of part of parking improvements, and arrangement for provision
of joint parking facilities authorized in section 917, in any• mixed use
development including a theater, spaces that are required for other
nonresidential uses may be credited toward meeting requirements for the
theater to the extent justified by timing of peak demands.
3. Off-street parking requirements for restaurants shall be as follows: a
minimum of one (1) parking space for each two hundred (200) square feet of
floor area. Where outdoor areas are regularly used as dining areas or for
display and sales, the floor area shall be exempt from offstreet parking
requirements up to fifty (50) percent of the size of the lot but not more
than two thousand (2,000) square feet.
4. Parking structures shall not be allowed on top of the portales when portales
are built facing pedestrian -oriented streets unless fenestrated and properly
screened from street views.
5. No offstreet parking or loading areas shall be permitted between any front
portion of a building and the front line of a lot adjoining a pedestrian
street; provided, however, that off-street parking for bicycles may be
permitted in such areas, subject to limitations and requirements as to
location, design and number established in connection with special permits.
6. Off-street parking or loading areas may be permitted between any portion of
a building and the front line of a lot located outside the boundaries of the
pedestrian street (see section 614.3.5.3.1) if appropriately buffered from
the street view, subject to the limitations and requirements as to location,
design and number established in connection with special permits.
614.3.7.2. A bximm distance limitations. Maximum distance limitations shall be as
required in section 918.1. The exception will be that the maximum distance from a
principal entrance of any parking facility permitted to provide required offsite
parking to principal entrance of the use served shall not exceed nine hundred
(900) feet, with entrance measured by normal pedestrian routes.
614.3.7.3. Special consideration on vehicular access to property, parhing structures.
In order to provide pedestrian, resident and worker comfort and convenience and
because of the traffic flow at major streets, special consideration shall be given
to the separation of vehicular and pedestrian traffic, and to the design and
location of vehicular entrances to passenger loading, offstreet parking and/or
loading facilities. In general, principal pedestrian entrances to buildings shall
be along street frontages with the major vehicular traffic volumes, and the
vehicular entrances shall be along street with lesser traffic flows. Offstreet
parking structures either shall be underground or if above ground shall be
designed to provide a minimal visual impact, well integrated with the principal
structures and appropriately screened from exterior views.
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107
Yards adjacent to pedestrian -oriented streets may be crossed by driveways equal in
maximum width to ten (10) feet for one-way traffic and twenty (20) feet in total
for two-way traffic.
The upper surface of underground parking structures shall not exceed a height of
three and five -tenths (3.5) feet above the average grade of the abutting public
sidewalk.
614.3.8. Limitations on signs.
614.3.8.1. Geneitzl limitations.
61
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4
614.3.8.1.1. Prohibited signs. Billboards, poster panels and other outdoor
advertising signs shall be prohibited in this district. Other offsite
signs unless otherwise specified shall be prohibited except when posted on
community or neighborhood bulletin boards or kiosks, in accordance with
limitations and regulations relating thereto at section 925.3.10 and those
applied in special permit proceedings on particular community or
neighborhood bulletin boards or kiosks. Except for such bulletin boards or
kiosks, ground or freestanding signs are prohibited. No variance shall be
applied to relax provisions for signs.
4.3.8.2. V%ll signs.
614.3.8.2.1. Ntnber and hierarchv of uall signs on a building cmd subject nutter.
In order to identify the building and the nature of the establishment it.
contains, wall signs will be permitted upon buildings subject to the
following provisions or limitations:
1. Building signs:
a. Number. No more than one (1) of the following signs shall be
allowed.
b. Primary sign. One (1) primary sign with the name of the building
may be allowed in the main elevation of a building.
c. Secondary sign. A secondary sign with the name of the building
may be allowed on the building wall when such building abuts a
street side.
d. Ground sign. One (1) ground sign, limited to ten (10) square feet
in area may be erected for building on a lot where the street yard
exceed twenty (20) feet in length.
2. Business signs:
a. Number. No more than one (1) of the following wall signs shall be
allowed per establishment unless otherwise specified.
b. Primary signs. One (1) primary sign may be allowed in the front
elevation of the building.
c. Secondary signs. A secondary sign may be allowed on building wall
where such building abuts a front and street side. Where the
length of the building wall exceed one hundred fifty (150) feet
another secondary sign may be allowed. On professional and office
buildings, a secondary sign may be located on the side or rear of
the building.
d. Tertiary signs. A tertiary business sign no greater than one-half
(1/2) the size of the primary sign area may be located in the rear
elevation when the rear elevation abuts a parking lot, an alley,
or street.
e. Mixed use commercial buildings. When retail or service
establishments are contained on the first floor of professional,
office or residential buildings, signs may be erected upon such
retail or service establishment, as provided on b, c or d, above.
f. Apartment, motels, and hotels. No more than one (1) sign of any
kind shall be allowed except where hotel, motel is combined with
other retail and restaurant uses, a secondary sign may be allowed.
g. Storefront signs. One (1) storefront sign with the name, address
and phone number of the business may be allowed. Signs in the
glassed areas of the windows or door shall not exceed twenty (20)
percent of the glassed areas of the window or door involved. Only
the name of the business is allowed on the top or bottom of each
glassed area storefront other than advertising or temporary sign.
M.
10863
IQ
CS"�
h. Marque signs. Marque signs shall be limited to one (1) per
establishment and a maximum of four (4) square feet in sign area.
i. projecting signs. Shall not exceed two (2) sign surfaces. No
sign structure shall extend more than four (4) feet from the wall
of the building. No perpendicular sign shall be allowed at the
exterior wall of the portal.
J. Advertising or other temporary signs. Advertising, temporary, or
ti paper signs may be affixed, displayed or attached within glass
E display windows of commercial establishment, provided, however,
that not more than one (1) such sign shall be permitted within one
(1) display window and no more than two (2) signs shall be
permitted in any one business establishment per street side. Such
signs shall not exceed four (4) square feet or cover more than
twenty (20) percent of the glass area. Such signs shall be
located whenever possible at the top or bottom of the display
window against the window frame.
k. Subject matter. For retail and service establishments, each sign
shall not be allowed to contain more than one (1) manufacturer,
trade name or trademark of any product sold or handled therein.
1. Awning signs and logos. One (1) awning sign and logo may be
allowed per establishment to be located at the balance of the
awning.
614.3..8.2.2. Nbxnnun size of uall signs and height aboue grade. The maximum area for
residential, commercial, and institutional sign is as follows:
1. Signs for retail and services establishments and institutions: One and one -
quarter (1-1/4) square feet per linear feet of wall frontage on a street
excluding advertising for temporary sign or sign on glass area. The maximum
area of advertising for temporary sign or sign on glass area. The maximum
area of such sign shall be sixty (60) square feet, except where a sign is
considered a work of art of exceptional architectural character, then should
be evaluated on its individual merit.
2. Signs for apartments, hotels, motels, special use buildings, professional
buildings, offices, other commercial establishments of mixed use building.
The maximum sign area shall not exceed two (2) percent of the total wall
facade area on which the building is placed, plus one (1) square foot for each
one (1) foot of vertical distance between grade and the lowest level of the
sign. In mixed use buildings with retail or services establishments signage
on the ground floor, the vertical distance measured shall be between the
fifteen -foot level of the structure and the lowest level of the sign, No sign
shall exceed a maximum sign area of sixty (60) square feet.
3. Maximum length of signs. No wall sign shall have a length exceeding sixty
(60) percent of the linear street frontage occupied by a licensed
establishment except where a sign is considered a work of art of exceptional
architectural character.
614.3.8.2.3. Aftitnm height of signs cued letters of call signs. The maximum height of
letters of wall signs for residential, commercial and institution is as follows:
1. Maximum height of wall signs of retail services establishments and
institutions should be within the first thirty-five (35) feet above grade.
2. Maximum height of letters of wall signs of retail services establishments and
institutions should not exceed eighteen (18) inches for the building sign and
twelve (12) inches for the business sign, provided however, that the height of
such letters may be increased in height one (1) inch for each thirty (30) feet
(or major portion thereof) of setback distance between the sign and the base
building line. If the building sign letters is considered a work of art of
exceptional architectural character, the letter size may be larger.
3. Maximum height of letters of wall signs of apartments, hotels, motels, office
and professional buildings and other commercial establishments or mixed use
buildings should not exceed:
(a) Eighteen (18) inches for signs located below thirty-five (35) feet height
above ground;
(b) Twenty-four (24) inches for signs located between thirty-five (35) and sixty (60) feet above grade;
k
109 10863
(c) Thirty (30) inches for signs located between sixty (60) and one hundred
(100) feet above grade;
(d) Thirty-six (36) inches for signs located above one hundred (100) feet
above.
If the building sign is considered a work of art of exceptional architectural
character, the letter size may be larger.
614.3.8.3. Pbal estate signs, construction signs, developnent signs, ntnber we area.
Real estate, construction or development signs, individually or in combination,
shall be limited to one (1) per street frontage. Real estate signs shall not
exceed ten (10) square feet in area. Each construction and development signs
shall not exceed thirty-two (32) square feet in total area. Real estate signs
which are not part of construction or development signs shall not require a
special permit.
614.3.8.4. Directional signs, nunber cmd area. Directional signs, which may be
combined with address signs but shall bear no advertising matter, may be erected
to guide entrances, exits, or parking areas. No more than one (1) such sign, not
exceeding five (5) square feet in area, shall be erected per entrance, exit, or
parking area.
614.3.8.5. (bmionity or neighborhood bulletin board or kiosks, area and location,
Area and location of community or neighborhood bulletin boards or kiosks shall be
permitted as provided at section 925.3.10.
614.3.8.6. Additional uall signs for theaters, nzcseuns, noncamter-cial art galleries.
In addition to signs permitted above, theaters, museums, noncommercial art
galleries and the like may have wall sign areas for display of announcements
concerning coming or current exhibits or performances. Area of such display
surfaces shall not exceed twenty (20) square feet for each lineal foot of building
wall fronting on a street, with maximum permitted area two hundred (200) square
feet.
614.3.8.7. Banners, pevumts, streamers, flashing or cm#mted signs. Banners,
pennants, streamers, flashing or animated signs may be permitted. For additional
sign requirements, see "Latin Quarter Design Guidelines and Standards_'.
t
614.3.8.8. Abrals, cermtic plaques, historic nzurhers and district identi fioatiat
signs. Murals, ceramic plaques, historic markers and district identification
signs shall not bear advertising and shall not be considered as signs.
614.3.8.9. btbecial permit requirewits, specified types of signs. All signs over
thirty (30) square feet shall be required to be presented to the Latin Quarter
Review Board. All signs requiring special permits shall conform to the design
standards set forth in guides and standards for use with the Miami Zoning
Ordinance. For additional information on signs, see "Latin Quarter Design
Guidelines and Standards".
Commercial -residential district SD-14.1.
Principal uses and structures; accessory uses and structures; limitations at signs;
Buffer overlay district uses, structures and requirements; ntininun lot requiretrnts;
floor area lvnitations; nzinvtxm open space requirenents; nzainznn height; ntinutun
offstreet parking requirenmts.
As for C-1 zoning district except that:
1. Community -based residential facilities, rooming or lodging houses, tourist and
guest homes, and apartment or residence hotels are not permitted.
Commercial parking garages shall be permitted.
Front yards and yards facing S.W. 7th Street shall be a minimum of twenty (20)
feet. Street side yards shall be a minimum of ten (10) feet.
Portales may be constructed within the yard space. At areas with yards of twenty
(20) feet at front and street side, a minimum of ten (10) feet shall be provided
between the sidewalk and the external face of the portal. (See section
614.3.5.3.1.)
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5. Construction above the portal may be allowed, except parking garages, to a maximum
height of thirty (30) feet.
6. For criteria about portales, interior patios, urban plazas, upper deck terraces and
balconies, see section 614.3.5.3.2 and design guldeiines and standard., for the
"Latin Quarter Design Guidelines and Standards"Guidelines and Standards' district.
7. Parking: Maximum distance limitation as per section 614.3.7.2. Special
consideration on vehicular access to property, parking structure as per section
614.3.7.3. Parking lots shall be screened from view from public rights -of -way.
8. The building setbacks (excluding the portales and the construction above the
portales) at the inner edge of the yard line and above thirty (30) feet in height
(except twenty-five (25) feet at the north side of S.W. 7th Street and both sides
of S.W. 9th Street) shall be set back one (1) foot horizontally for every five (5)
feet of building height on the front, rear and side streets. Balconies, parapets,
columns and sunscreens above forty (40) feet may penetrate this setback, but such
penetration shall not exceed five (5) feet.
9. Limitations on signs as per section 614.3.8.
10. Appropriate screening of mechanical and electrical equipment, utilities and/or
garbage disposal equipment must be provided.
11. Antennas including dish antennas and similar devices shall be located, whenever
possible, on the interior portion of the site and shall be appropriately screened
from public views.
12. Floor area ratio: maximum of .71 times the gross lot area.
Sec. 614.5. Residential district SD-14.2.
614.5.1. Principal uses and structures; accessory uses and structures; limitations on signs;
nrininwi lot requiremnts, floor area limitations; nunimaa open space requireirnts;
nnxbnm height; minimum offstreet parhing requirenents.
As for R-3 zoning district except that:
1. Food stores, restaurants except drive -through or those with live entertainment;
drugstores, shoe repair stores; barbershops and beauty salons; coin -operated
laundry ;facilities limited to six (6) washing machines and six (6) dryers,- and
accessory garments alterations; museums; structures and uses other than, listed
above required for performance of a governmental function, except uses involving
extensive storage or with storage as the primary purpose; variety stores; similar
commercial uses shall be permitted at ground level on street corner lots. But no
adult material, as defined in section 937, shall be sold or displayed within
commercial establishments in this district. Maximum lot area shall be seven
thousand five hundred (7,500) square feet. All such facilities may stand by
themselves or as part of a residential building. Offstreet parking or loading on
the site or vicinity shall not be permitted for the commercial activity.
2. Home occupations shall be permitted. (See section 90ffi.5.)
3. Community -based residential facilities, rooming or lodging houses are not
permitted.
4. Cultural related uses including museums, "municipios" and similar uses may be
permitted.
5. Mixed residential -commercial uses may be permitted at corner lots. Appropriate
buffer zone and parking facilities for the residential uses shall be provided.
6. Portales for commercial use development will be allowed to be built on the front or
street side yard.
7. Appropriate screening of mechanical and electrical equipment, utilities and/or
garbage disposal equipment must be provided.
�0863
8. Individual commercial establishments shall not exceed one thousand two hundred
(1,200) square feet.
9. Hours of operation for all nonresidential uses may not extend beyond the hours of
7:00 a.m. to 9:00 p.m. on any day of the week.
10. Hours of service by delivery vehicles shall be limited to 8:00 a.m. to 5:00 p.m.
11. Side yards for the commercial structure shall be a minimum of ten (10) feet. This
space shall be appropriately landscaped as to create a buffer zone with the
adjacent residential uses.
12. All enclosed commercial uses shall be air conditioned. Garbage disposal areas
shall be enclosed.
13. No commercial use shall create noise, vibration, glare, fumes, or odors; and no
equipment or process shall be used which creates visible or audible interference in
any radio or television receiver or otherwise affects adjacent residential uses.
14. A masonry wall with a minimum height of six (6) feet shall be provided abutting
residential properties.
15. Exterior lighting that could negatively affect the abutting residential uses shall
be discouraged.
16. Antennas, including dish antennas and similar devices, shall be located, whenever
possible, in the interior portion of the site, and shall be appropriately screened
from public views and adjacent residential uses.
17. Post -secondary public or private educational facilities.
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Section 615. SD-15 River Quadrant Mixed Use District.
Sec. 615.1. Intent.
This district is of special and substantial public interest because of its unique location
adjacent to the Central Business District, along the Miami River, surrounding the proposed River
Quadrant Metrorail Station. In the interest of: reduction of traffic within the City generally
and in this district in particular; support of the existing and proposed transit facilities; conservation of energy, and the creation of an intensive urban environment with a twenty-four
hour activity pattern, it is intended that high intensity mixed use development of office, hotel,
residential, retail, service, cultural and entertainment uses be encouraged. Along the Miami
River it is intended to encourage water -dependent and water -related uses that are compatible with
the adjacent development.
It is intended that the character of development shall be such as to enhance the amenity
of the location along the Miami River and to provide for pleasant and attractive surroundings
throughout the district. Orientation and design of principal buildings and related site design
and improvements shall be such as to: provide direct convenient pedestrian access to Metrorail
and Metromover stations, protect views of the water from principal public view points; -provide
public pedestrian access to and along the riverfront; and provide pedestrians with active,
interesting, well landscaped and convenient spaces at ground level with outdoor passive or active
recreation areas for employees, visitors and residents. It is further intended that rooftops as
seen from upper level areas shall present an attractive appearance.
Due to the potential availability of direct rapid transit service, and to protect against
the dominance of the automobile in the district, it is intended that the offstreet parking
requirements be minimal, and that such parking, for the most part, shall be in structures so
located and designed to minimize their visual impact.
615.1.1. Effect of SDL15 district designation.
The effect of these SD-15 regulations shall be to supplant districts or portions of
districts existing at the time of mapping of this district in the Official Zoning Atlas.
Sec. 615.2. Class II Special Permit.
6.16.2.1. Wien required.
A Class II Special Permit shall be required prior to approval of any permit (except
special permits pursuant to Article 13 5) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or alteration of any structure, sign, awning, landscaping, parking area or
Ivehicular way visible from a public street or waterfront walkway.
4 615.2.2. Considerations in n&eing Class H ,5necial Penn t determinations.
o-
The purpose of the Class II Special Permit shall be to ensure conformity of the
c application with the expressed intent of this district, with the general considerations listed in
I section 1,3505, and with the special considerations listed below. In making determinations
concerning construction of new principal buildings or substantial exterior alteration of existing
principal buildings, the Planning Director shall obtain the advice and recommendations of the
Urban Development Review Board (UDRB). In the event that the UDRB fails to meet within thirty
(30) days or fails to make a recommendation to the Planning Director within sixty (60) days after
plans have been submitted for review, the requirement for UDRB review may be waived.
1. Except for portions authorized by special permit for vehicular access, all required yards,
setbacks, and sidewalk area within the public right-of-way adjacent to streets shall be a
continuous pedestrian space suitably landscaped and developed with appropriate street
furniture according to the following design standards:
a. Street trees shall be provided in the sidewalk area at a minimum spacing of thirty
(30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-inch
caliper, and seven (7) feet of clear trunk.
b. Paving materials and patterns shall be aesthetically harmonious and consistent with
adjacent or nearby properties and shall meet established sidewalk grades.
113 10863
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c. Street furniture shall be provided which may include benches, trash receptacles,
pedestrian walkway lighting, bus shelters, sculpture, kiosks, and the like. These
may be located in the pedestrian areas as long as pedestrian flow patterns are
continuous.
d. Trees, palms, ground cover, grass and other living landscape plants shall be provided
in required or provided yard areas in accord with an approved overall landscape plan
for the development.
2.
Public access to waterfront walkways shall be provided in accord with the "City of Miami
Baywalk/Riverwalk Design Standards and Guidelines" oil aiticie to, and shall be open to
the public during normal business hours.
3.
Rooftop parking and other areas containing mechanical equipment and utility areas visible
from nearby buildings shall be appropriately screened with landscape or architectural
materials.
4.
In general, principal pedestrian entrances to buildings shall be along street frontages
with major vehicular traffic volumes, and vehicular entrances shall be along streets less
intensively used for through traffic, both to separate pedestrian from vehicular
circulation and to minimize marginal vehicular friction along major streets.
5.
Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to provide a minimal visual
impact, well integrated with the principal structures. Unenclosed vehicular parking and
loading in any location visible from a public street or waterfront walkway shall be
appropriately screened from exterior views.
6.
A pedestrian connection shall be provided between any waterfront walkway and parallel
public street at maximum seven hundred (700) foot intervals along the waterfront. Where
reasonably feasible, such connection shall be in the form of an unobstructed pedestrian
walkway, at least twenty (20) feet in width, which shall be level with the public
sidewalk and waterfront walkway at each end. Such connection shall provide substantial
public amenities for public enjoyment such as landscaping, seating, fountains, art work,
`
lighting, display spaces, vendors, and abutting retail, service or cultural uses.
7.
All structures and improvements on lots abutting any street or waterfront designated as a
it
pedestrian pathway" in the Official Zoning Atlas shall be designed in accord
with the following standards:
a. A minimum of fifty percent (50%) of the ground level frontage shall be designed for
pedestrian oriented uses and where feasible shall have external entrances directly
accessible from public sidewalk space. For the first 10 feet of height above the
public sidewalk elevation, the exterior building wall shall contain windows and/or
doorways of transparent glass covering at least fifty percent of the wall area.
4
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b. The interior floor elevation shall be no more than six inches above the adjacent
i
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public sidewalk, except where federal flood zones would require the finished ground
floor elevation to be higher. Where there is a difference of forty-two (42) inches
or less between the federally mandated lowest habitable floor elevation and the
public sidewalk elevation, exterior building walls shall be flood proofed in accord
with Federal Emergency Management Agency (FEMA) standards, in order to permit
habitable floor space no more than six inches above the public sidewalk elevation.
Where there is a difference of more than forty-two (42) inches between the federally
mandated lowest habitable floor elevation and the public sidewalk elevation, building
entrances shall have external landings no more than forty-two (42) inches above the
adjacent public sidewalk elevation.
c. Vehicular access and loading areas shall not be permitted along primary pedestrian
pathways where reasonable access is available from other streets.
d. Yards adjacent to primary pedestrian pathways may be crossed by vehicular driveways
equal in maximum width to twenty-five (25) percent of the total linear frontage of
the lot, provided that in no case shall any such driveway exceed eighteen (18) feet
in width (aside from flares),
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e. Parking, loading, and service areas shall be enclosed within buildings or screened
from public view with decorative walls and/or landscaping.
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f. Overhead or underground pedestrian connections shall be permitted to cross "primary
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pedestrian pathways" only where necessary to provide transfers between a public
transit station and a public parking garage or where there is a barrier that prevents
pedestrian movement at street level. A variation may be authorized for internal
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connections within a single business or public facility, but generally shall not be
considered to connect structures occupied by more than one business or use, including
parking.
8. Lots with interior side yards abutting a Metrorail or Metromover right-of-way shall
be developed with improvements suitable to promote safe and convenient pedestrian
access to Metrorail or Metromover stations.
Sec. 615.3. Principal uses and structures.
615.3.1. Principal uses pemtitted generally urithin the district.
1.
Dwellings, one and two-family; detached, semi-detached and attached; multiple dwellings.
2.
Residence hotels; hotels; and motels.
3.
Business, professional and medical offices, clinics.
4.
Neighborhood convenience goods and services, including food stores (grocery, meat, seafood,
produce, delicatessen, bakery, candy, ice cream), drugstores, news stands, dry cleaners,
barber and beauty shops, and shoe repair stores.
5.
Retail establishments as follows: antique stores, arts stores and commercial art galleries;'
bicycle sales; book and stationery stores open to the general public; china and crockery
stores; florists, including plant and shrub sales; gift shops; hardware stores; hobby shops;
f
home appliance stores; home furnishing stores; interior decoration supply stores;
establishments for sale of boating and fishing supplies; jewelry stores; luggage stores;
music .stores; office supply stores; optical goods stores; package liquor stores (without
drive -through facilities);_ pet shops; photographic supply stores; tobacco shops; television,
radio, and other electronics stores; video tape sales and rentals open to the general public;
variety and sundry stores; establishments for sale of wearing apparel. Such establishments
may provide incidental repair, maintenance, adjustment or alteration services as appropriate,
but facilities, operation and storage in relation to such services shall not be visible from
any street or street -related pedestrian open space. Aside from antique stores, art
galleries, jewelry and book stores, no such retail establishments shall deal in secondhand
merchandise. No individual establishment shall exceed twenty-five thousand (25,000) square
feet in floor area. The total floor area for these retail uses on an individual lot
(excluding public circulation space and similar common areas) shall not exceed five -tenths
(0.5) times the gross lot area.
6.
Restaurants, tea rooms and cafes, except drive -through, including those with dancing and live
entertainment and with outdoor dining areas.
f. 1.
Bars, saloons and taverns, including those with dancing and live entertainment.
8:
Art galleries, museums, libraries and similar cultural uses.
9.
Service establishments as follows: automobile rental agency; auto care agency not including
repair facilities; banking and financial institutions not including drive -through tellers;
employment agency; printing and duplicating center; real estate agency; ticket agency; travel
agency; interior decorator; locksmith; optician; photographic service; tailoring,
dressmaking, millinery or drapery fabrication except where products are for off -premises
sale; rental of recreation and sporting equipment.
10.
Production of art and handicrafts (but not mass produced items) incidental to sale at retail
on the premises.
11.
Entertainment and recreation use including dance and music halls, live performances; movie
theaters; game courts; health and fitness studios.
12.
Child day care centers, subject to the requirements of section 936.
f13.
Commercial marinas including sales and service; charter or rental of marine vessels.
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' 14. Structures and/or uses required for the performance of a governmental function, except uses
involving extensive storage or with storage as the primary purpose.
i
15. Structures and uses relating to operation of public utilities and requiring location within
the district to serve it or neighboring districts, railway or other transit rights -of -way and
tracks, but not yards, switching, storage, warehouses or shops. No such use shall have
extensive storage or have storage as its primary purpose.
615.3.2. Principal uses perrrutted only by special exception.
1. Automotive service stations.
2. Drive -through facilities, with City Commission approval.
3. Parking lots, parking garages, provided that there shall be no vehicular access to such
facilities directly from primary pedestrian pathways.
4. Private clubs, lodges, fraternities, sororities.
5. Auditoriums; concert halls; convention centers and exhibition halls.
616.3.3. Linitations on uses.
1. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers and
plants, and other uses as authorized by special permit, all activities shall be conducted
within completely enclosed buildings.
2. All products and services shall be sold at retail on the premises. No wholesaling or jobbing
shall be conducted from within the district.
Sec. 615.4. Accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall, be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class II Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
district:
1. There shall be no vehicular access to parking or loading areas directly from any primary
pedestrian pathway where access is reasonably feasible from another street.
Sec. 615.5. Minimum lot requirements; floor area limitations; minimum open space requirements.
615.5.1. Mnbrzm lot requirenents.
No specific dimensional requirements are established in this district, but lots shall be
of sufficient width and area to conform with other requirements and limitations of these and
other lawful regulations.
615.5.2 Floor area lnnitations.
Floor area limitations for SD-15 shall be as follows, subject to the limitations and
requirements of section 903.2.
615.6.2.1. Floor area limitations for residential, nonresidential, and combination use
buildings. The floor area for all uses on an individual lot shall not exceed six (6.0) times the
gross lot area. Except as modified by section 615.5.2.2 below:
1. The floor area for all residential uses on an individual lot shall not exceed four (4.0)
times the gross lot area.
2. The floor area for a single nonresidential use shall not exceed one and seventy-two
hundredths (1.72) times the gross lot area and the floor ratio for a combination of two or
I,
more nonresidential uses shall not exceed two and five -tenths (2.5) times the gross lot area.
t, 10 8 f 3
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' 616.5.2.2. Allavable increase in residential and nonresidential floor ct ea for any building
providing for certain scipporting uses; linuta.tions. The maximum floor area for residential
or nonresidential uses set forth in section 615.5.2.1 above may be increased in conformance
with the following provisions:
1.
For developments where the main building entrance is located within a 1200 foot walking
distance from the entrance to a Metrorail station, the floor area may be increased by one
(1.0) times the gross lot area.
2.
For every one (1) square foot of floor area provided onsite for residential or hotel uses
(excluding associated commercial areas and common areas in excess of 10% of the total floor
area occupied by hotel rooms), the maximum floor area may be increased by two (2) square feet
for any permitted use. Such residential or hotel floor area shall be constructed prior to or
concurrently with any uses receiving this bonus.
3.
For every six dollars and sixty-seven cents ($6.67) contributed to an Affordable Housing
Trust Fund established and administered by the City of Miami, the maximum floor area may be
increased by one (1) square foot for any permitted use. All funds so contributed shall be
expended solely within the SD-15 district or within a one mile radius of the district.
4.
For every one (1) square foot of offsite "developer sponsored" residential floor area, the
maximum onsite floor area may be increased by one (1) square foot for any permitted use. A
"developer sponsor" shall be defined as a developer who either assumes responsibility for a
residential project by serving as a general partner or other similar entity, or as a limited
partner or other similar entity which provided at least thirty percent (30%) of the financing
necessary to complete the project. All eligible "developer sponsored" residential floor area
shall be provided within the SD-15 district or within a one mile radius of the district.
Such residential floor area shall be constructed prior to or concurrently with any uses
receiving this bonus.
5.
Retail, service, restaurant and cultural uses: For every one (1) square foot of ground level
uses listed in paragraphs 4 through 8 in section 615.3.1 and constructed in accord with the
design standards for primary pedestrian pathways in section 615.2.2.(7), the maximum floor
(
area may be increased by one (1) square foot for any permitted use. Such uses shall be
adjacent to and directly accessible from public street sidewalks or ground level open space
as defined in section 615.5.5.1. Uses having principal access from interior building
circulation shall not qualify.
6.
Water dependent and water related uses: For every one (1.0) linear foot of marine vessel
that can be accommodated in a wet dock space, the maximum floor area may be increased by one -
hundredth (.001) times the gross lot area for any permitted use. For every one (1) dry dock
space provided for a marine vessel, the maximum floor area may be increased by one -hundredth
(.001) times the gross lot area for any permitted use. For every one (1) square foot of
marine service or supply, restaurant, bar or retail uses located adjacent to and directly
accessible from a waterfront walkway or waterfront open space, the maximum floor area may be
increased by ten (10) square feet for any permitted use.
7.
Child day care center or elementary school: For every one (1) square foot of indoor floor
I
area and two (2) square feet of outdoor play area dedicated for use as a child care center or
-
elementary school, the maximum floor area may be increased by four (4) square feet for any
j
permitted use.
8.
Riverwalk improvements: For every one (1) square foot of riverwalk improvements installed at
offsite locations in accord with the "City of Miami gaywalk/Riverwalk Guides and Standards"
��, the maximum floor area may be increased by ten (10) square feet.
9.
Additional open space: For every one (1) square foot of open space provided onsite in
excess of the minimum amount of open space required in section 615.5.5, the maximum floor
area may be increased by ten (10) square feet for any permitted use. Such open space shall
conform to the requirements in section 615.5.5.1 and 615.5.5.2.
10.
Underground or enclosed parking: When seventy-five percent (75%) of all onsite parking is
f
provided in an underground parking structure or in an enclosed above grade parking
structure, the maximum floor area may be increased by five -tenths (0.5) times the gross lot
area.
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615.5.3 114nimm yards.
The following minimum yard dimensions and limitations shall apply. Notwithstanding the
!. provisions
of section 908.5, canopies and awnings may project without limitation into the
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required yard area adjacent to streets, provided that such projection is entirely supported from
the building. Required yards and setbacks adjacent to streets shall not be used for offstreet
parking or loading.
1. All yards adjacent to streets shall have a minimum depth of ten (10) feet.
2. Except as greater dimensions are required by other lawful regulations, there shall be no
minimum requirements for interior side and rear yards.
615.6.4. Ghxmd floor setbacks.
The ground floor of buildings shall be set back where necessary to permit a sidewalk or
riverwalk width of twenty (20) feet from face of building to curb line along primary pedestrian
pathways and to permit a sidewalk width of fifteen (15) feet from face of building to face of
curb line along all other streets. Unless otherwise prohibited by minimum yard areas, the upper
floors of buildings may overhang this setback area.
616.5.5. (lien space and residential recreatiaz space.
In addition to required yards, a minimum of one (1) square foot of open space shall be
provided for every fifty (50) square feet of nonresidential floor area over fifty thousand
(50,000) square feet. A minimum of one (1) square foot of open space or private recreation space
shall be provided for every ten (10) square feet of residential floor area. Such open space
and/or residential recreation space shall be approved by Class II permit and shall conform to the
design standards in sections 615.5.5.1 and 615.5.5.2 below.
615.5.5.1. D?sign Standw* for (;im *ace. Minimum required open space for nonresidential uses
shall be designed, constructed and maintained in accord with the design standards for any of the
following alternative types of open space:
1. Urban Plaza. Urban plazas shall conform to the "City of Miami Urban
Plazas Design Standards and Guidelines" H a-ti cie i8 and in addition, urban plazas shall be
open and unobstructed to the sky and shall be accessible to the public during normal business
hours. Generally, urban plazas should not exceed twenty-five (25) percent of the lineal
frontage of the lot on any public street.
i 2. Urban Garden. Urban gardens shall be exterior spaces, located at ground level with at least
one side adjacent to and accessed from a public walkway. The character of an urban garden is
defined by a predominance of plant material. Urban gardens shall be a minimum of 1,200 square
feet in area, provide at least one seat for every one hundred (100) square feet of garden
area, and contain at least one special feature such as a fountain or art work.
3. Atrium. Atriums shall be interior enclosed spaces permeated with natural light from above.
Atriums shall be located at ground level with at least one side adjacent to and accessed from
a public sidewalk, and shall be open to the public during normal business hours. Atriums
shall be a minimum of 1000 square feet in floor area, have a minimum ceiling height of thirty
feet, contain appropriate plant materials, provide at least one seat for every, one hundred
(100) square feet of atrium, and contain at least one special feature such as a fountain or
i art work.
4. View Terrace. View terraces shall be exterior spaces located at upper levels of buildings
where the public may enjoy views of the city or Biscayne Bay. View terraces shall be open
and accessible to the public during normal business hours. View terraces shall be a minimum
of 800 square feet and provide suitable seating and improvements for public use.
5. Riverwalk and Baywalk. Riverwalks and baywalks shall conform to the "City of Miami
Baywalk/Riverwalk Design Standards and Guidelines" in articie ie.
616.5.5.2. asign Standards for Residential Piecreation mace. Minimum required open space for
residential uses shall be designed, constructed and maintained in accord with the design
standards for any of the following alternative types of residential recreation space:
1. Balconies, Terraces, and Courtyards. These spaces may be accessible only to the residents of
an individual dwelling unit. Balconies, terraces and courtyards shall be open to the outdoor
air on at least one side.
2. Outdoor common recreation space. Outdoor common recreation space shall be accessible to all
residents of a building and shall be improved with landscaping, lighting, seating, swimming
t. pools, tennis courts, playgrounds, and the like. Outdoor common recreation space may be
located at ground level or on upper level terraces and rooftops. Yard and setback areas
118 10863
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around the perimeter of a lot and areas within or adjacent to parking areas shall generally
not be considered to be outdoor common recreation space unless such space is an integral part
of a larger recreation space or extraordinary improvements are provided to promote
recreational use by residents.
3. Indoor common recreation space. Indoor common recreation space shall be accessible to all
residents of a building and shall be improved and furnished for use as exercise rooms, game
rooms, saunas, spas, or indoor sports.
Sec. 615.6. Height limitations.
There shall be no height limits in this district except as required by other lawful
regulations.
Sec. 615.7. Offstreet parking and loading.
Since it is intended that automobile traffic be minimized in this district because of its
close proximity to the rapid transit stations, special offstreet parking requirements and
limitations are as follows; and, in addition, offstreet parking and loading, and offsite parking
shall be as required in sections 917, 918, 922 and 923, except as modified below:
615.7.1. Mninun and imxbnrn offstreet parking Zuni tat ions.
1. For dwelling units there shall be a minimum of one (1) parking space and a maximum of two (2)
parking spaces per dwelling unit.
2. For hotel or motel uses, there shall be a minimum of one (1) parking space for every four (4)
lodging units and a maximum of two (2) parking spaces for every three (3) lodging units.
i
f 3. For business and professional office uses, including medical clinics, there shall be a
minimum of one (1) parking space per eight hundred (800) square feet of floor area and a
maximum of one (1) parking space per four hundred (400) square feet of floor area.
4. For retail and service uses there shall be a minimum of one (1) parking space per one thousand (1000) square feet of floor area and a maximum of one (1) parking space per three
�- hundred (300) square feet of floor area.
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of parking
spaces required and there shall be a maximum of one (1) parking space per one hundred (100)
square feet of floor area.
6. For theater uses there shall be no parking spaces required and there shall be a maximum of
one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one thousand (1,000
} square feet of floor area and a maximum of one space per five hundred (500) square feet of
floor area.
615.7.2 ,Qnecial offstreet parking requirene�nts; offsite parking; limitations.
1, Notwithstanding the limitations of section 918, offsite parking shall be permitted
Zoning district by Class II permit without limitation on percentage of the required number of
spaces or maximum distance from the principal use. Furthermore, there shall be no required
demonstration or findings of practical difficulty or unnecessary hardship in providing
required parking on the site, provided that the location of the offsite parking is within a
one thousand (1,000) feet radius of the principal use, or within a six hundred (600) foot
radius of a Metromover station or there are permanent provisions made to transport the
offsite parking patrons to and from the principal site at the property owner's expense.
2, No residential dwelling unit shall be sold or leased without the right to utilize at least
one (1) onsite parking space.
615.7.3. Offstreet Loading requirerans.
1. For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross building
area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
f First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
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Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
2. For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
{, In addition to the requirements set forth above, there shall be one berth for every 500,000
gross square feet of building area.
3. By Class I special permit, one larger (660) square feet loading space may be replaced by two
of the smaller (420) square feet loading spaces as dictated by the needs of the individual
project.
Sec. 615.8. Limitations on signs.
Sign limitations shall be as provided in section 602.11, recognizing the size limitations
thereof, provided further that onsite signs above a height of fifty (50) feet above grade shall
be subject to the provisions of section 926.16.
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Sec. 616. SD-16, 16.1, 16.2: Southeast Overtown-Park West commercial -residential districts.
Sec. 616.1. Intent.
It is of special and substantial public interest to guide redevelopment in accord with the
Southeast Overtown-Park West redevelopment plan in the area north of the central business
district, west of Bicentennial Park, south of I-395, and east of I-95 by regulations encouraging
a quality residential living environment with direct access to shopping, recreation,
transportation and employment. It is intended that development at appropriate high intensity
will provide a variety of housing opportunities, open character, attractive and secure open
space, appropriately located residential recreation space serving residential uses, adequate
retail and service support facilities, and a safe pedestrian movement system.
It is intended that multifamily residential occupancy in this area is to be promoted and
encouraged, either in separate buildings or in combination with office and supporting retail and
service uses, and that such supporting uses shall be scaled and designed to serve the needs of
the districts.
It is intended that the character of the development shall be moderate to high intensity
that provides an attractive, secure environment for residents and workers with a variety of forms
for spatial interest. Site planning and orientation shall protect and enhance view corridors,
and shall take maximum advantage of potential views and prevailing air currents. In general, to
maintain continuity between buildings and adjacent blocks, developments shall adhere to
applicable yard, setback and landscaping standards.
In consideration of the proposed concentration of residential occupancy and supporting
commercial uses and the availability of mass transit, these regulations are intended to promote
pedestrian comfort and convenience. Developments shall provide barrier free movement on
1 pedestrian ways, desirable shade and shelter in pedestrian areas, and solar access where
necessary for the provision of recreation, energy or other purposes. Consideration shall be
given to ground and upper level pedestrian connections to adjacent or nearby developments.
r
Sec. 616.2. Effect of SD-16, 16.1, 16.2 district designation.
The effect of these SD-16, 16.1, and 16.2 regulations shall be to supplant districts or
portions of districts included within the SD boundaries to the extent indicated herein in the
Official Zoning Atlas.
Sec. 616.3. Class I1 Special Permit.
616.3.1 Mhen required.
A Class II Special Permit shall be required prior to approval of any building permit
(except special permits pursuant to article 13) affecting the height, bulk, location or exterior
configuration with a value in excess of ten thousand dollars ($10,000.00) for any existing
building; the erection of any new building; or the location or relocation or relocation or
. alteration of any structures, sign, awning, landscaping, parking area or vehicular way visible
- from a public street.
616.3.2. Considerations in making Class 11 Special Permit deteindnat ions.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
section 1305, with the "Design Standards and Guidelines for the Southeast Overtown/Park West
Redevelopment Project", and with the special considerations listed below.
1. Adjacent to the I-95, I-395, and Metrorail right-of-way, no residential building
shall be erected closer than fifty (50) feet to any structure within such right-
of-way. In addition, the yard between any building and the right-of-way line
shall be a minimum depth of ten (10) feet. Further, the area between a building
and the right-of-way line shall be landscaped with trees, shrubs, and other plant
material to screen and buffer the building from the adjacent right-of-way.
�4 2. Mandatory arcades shall be provided or optional arcades may be provided at ground
- level. Arcades are required along Biscayne Boulevard; the north side of N.W. and
N.E. 5th Street; and N.W. 2nd Avenue between ath Street and 9th Street. Optional
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121 10863
arcades are encouraged along other north -south rights -of -way. Arcades shall be
continuous, accessible to the general public at all times, adjacent to the public
right-of-way and fronting on the public sidewalk, with the floor of the arcade at
the same level as the public sidewalk. Arcades shall have a minimum clear width
of twelve (12) feet, a minimum height of ten (10) feet, and shall be unobstructed
by building columns, utilities and the like.
r 3. Orientation and design of principal buildings and related site design and
improvements shall be such as to protect views of Bicentennial Park and Biscayne
Bay from principal public viewpoints and provide visual access appropriate to
public needs and needs of occupants of adjoining or nearby properties.
4. Major portions of principal buildings that are more than forty (40) feet above
grade shall be oriented in an east -west direction and shall be in the form of
slender towers with consideration given to the shade cast by the tower on nearby
structures and open spaces. Particular attention shall be directed toward the
r need for solar access on the property and adjoining or nearby properties, and the
desirable effect of the prevailing southeast air currents.
5. Driveways providing access to parking structures, offstreet loading, or lots shall
not cross designated pedestrian ways (arcades or the like) on north -south public
rights -of -way if other access is reasonably feasible. Where no other access is
available, measures as will minimize interruption of pedestrian flow shall be
required.
6. In general, access driveways to offstreet parking or loading shall be provided on
east -west public rights -of -way, except where such streets are designated
pedestrian streets (N.W. 7th Street and N.E. and N.W. 9th Street). The location
and number of access points to public rights -of -way, separation of vehicular and
pedestrian traffic, and the arrangement of parking area shall be safe, secure, and
convenient.
7. Accessory parking structures shall be low in profile and their top decks, where
exposed to upper level views, shall be improved, maintained, and used as open
space and/or residential recreation space for the enjoyment of residents, workers,
i' or visitors as the case may be.
8. Above ground accessory parking structures shall be visually compatible with the
principal structure. Offstreet parking and loading shall be located in the
interior of the principal structure and shall be surrounded by residential and/or
commercial uses, where feasible. Offstreet parking structures shall not front on
N.W. and N.E. 9th Street, but shall be permitted behind commercial and/or
residential uses which front on the pedestrian mall.
9. Parking structures and parking lots shall present an attractive appearance, and
shall be designed to screen the storage of vehicles from exterior view.
10. All building roof tops shall present an attractive appearance as viewed from
adjacent or nearby buildings. Roof top mechanical equipment and utility areas
i" shall be appropriately screened with landscape or architectural materials. Where
possible, equipment and utility areas shall be grouped together, and roof top
f areas shall be improved and maintained as open space and/or residential recreation
space.
11. Except for portions authorized by special permit for vehicular access, all
required yards, setbacks, arcades, and sidewalk area within the public right-of-
way shall be appropriately landscaped and provided with pedestrian ways in accord
with the "Southeast Overtown/Park West Design Standards and Guidelines,'. All
accessory areas which need screening to avoid adverse effects on adjoining areas
shall be adequately concealed by appropriate plantings or other screening.
Sec. 616.4. Principal uses and structures.
616.4.1. XL16, 16.1, 16.2 pemutted principal uses and structures.
The following principal uses shall be permitted generally in SD-16, 16.1, and 16.2:
f I. One family, two family, and multiple family residential dwelling units.
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2. Hotels and other facilities for transient dwelling or lodging.
3. Business and professional offices.
4. Banks, saving and loan associations, and similar financial institutions, but
excluding drive -through facilities.
5. Retail establishments as follows: Antique stores, art stores and commercial art
galleries; book and stationery stores open to the general public; card and gift
shops; china and crockery stores; drugstores; floor covering, paint, and wallpaper
stores; florist; food stores, including bakeries, confectioneries, delicatessens,
fruit and vegetable markets, and groceries; ice cream stores; general merchandise
and furniture stores; gift shops; hardware stores; jewelry stores; leather goods
and luggage shops; meat and fish markets; newsstands; plant stores; office supply
stores; package liquor stores (without drive -through facilities); pet and pet
supply stores; photographic supply stores; sporting good and bicycles; T.V. and
radio stores; variety and sundry stores; and wearing apparel shops. Such
establishments may provide incidental repair, maintenance, alteration, or
adjustment services as appropriate, but facilities, operation and storage ,for such
services shall not be visible from any street or pedestrian walkway.
Service establishments including barber and beauty shops; custom tailoring,
dressmaking and millinery shops,
except where products are made for off premises
sale; coin operated laundry and dry cleaning facilities with rated capacity limited
to twenty-five (25) pounds per machine, five hundred (500) pounds total for
laundry, and ten (10)
pounds per machine, forty (40) pounds total for dry cleaning;
laundry and dry cleaning establishment with total
capacity limited as for coin
operated facilities; duplicating centers including letter and photostating services
(work
areas for such services shall not be visible from adjacent pedestrian -
walkways); photographic studio; shoe repair
stores.
Art galleries, museums and libraries.
Bars, saloons, and taverns, including those with dancing or live entertainment open
to the general public.
Supper clubs and nightclubs open to the general public.
Restaurants, tearooms, and cafes, including those with dancing, live entertainment
open to the general public and/or outdoor table
service (where appropriate).
Theaters, other than drive-in.
Health studios and spas.
Educational institutions of a business, professional or scientific nature and post-
secondary public or private educational facilities.
Private clubs, lodges, fraternities, and sororities.
Auction galleries for sale of antiques, art objects, jewelry and the like, but not
second hand merchandise
generally.
y
Commercial recreation establishments such as pool halls, billiard parlors and game
rooms.
Clinics, studios (other than dance), laboratories, travel agencies and ticket
agencies.
5D-16. 16.1, 16.2 conditional principal uses and structures.
ollowing uses shall be permitted only by special exception:
I. Automotive service stations.
2. Drive -through facilities for financial institutions, with City Commission
approval.
3. Parking lots, parking garages, provided that there shall be no vehicular
access to such facilities directly from primary pedestrian pathways.
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j Unenclosed parking areas with any portion adjacent to a primary pedestrian
pathway shall only be permitted as a temporary use, with time limits and
conditions for renewal (if allowable) specified.
4. Sports arenas and exhibition halls.
5. Repair service establishments including appliance and office equipment, but
not repair garages, repair of heavy equipment or paint and body shops.
616.4.3 WL16, 16.1, 16.2 l utti tatiotts on uses.
1. Except for outdoor dining places, exhibits of arts and crafts, flowers and plants,
-
Mte,in parking lots parking
garages, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
2. Aside from antique stores, art galleries, jewelry, and book stores, no establishment
shall deal in secondhand merchandise.
Sec. 616.5. SD-16, 16.1, 16.2 accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class II Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
district:
I. Outdoor displays, exhibits, sales, service of food and drinks, or other similar
pedestrian oriented activities may be conducted in open space whether or not such
activities are customarily accessory to the adjacent principal use. Areas,
activities, and facilities so approved may be used for regular, intermittent, or
temporary special events without further permitting which might otherwise be required
under these zoning regulations.
2. Temporary shelters, bulletin boards, kiosks, signs, exhibit and display stands, and
facilities for service of food and drink may be permitted in appropriate locations in
open space. If so approved, such structures shall be exempted from limitations
generally applying to yards, open space, and floor area.
Sec. 616.6. Minimum lot requirements.
616.6.1. S-)-16 ndninun lot requiremmts.
Minimum lot requirements for all uses shall be a minimum lot area of fifteen thousand
(15,000) square feet, and a minimum lot width of ninety (90) feet.
616.6.2. 8D-16.1, 16.2 rnfninun lot requirements.
There shall be no specific dimensional requirements, but lots shall be of sufficient size
to conform with other requirements and limitations of these and other lawful regulations.
Sec. 616.7. Floor area limitations.
Floor area limitations for SD-16, 16.1, 16.2 shall be as follows subject to the
limitations and requirements of sections 903.1 and 903.2.
616.7.1. SC?-16 floor area limitations.
1. The floor area for all uses shall not exceed four and thirty -two -hundredths (4.32)
-(-s:9j times the gross lot area.
2. The floor area for all residential uses shall not exceed four and thirty -two -
hundredths (4.32) times the gross lot area.
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3.
The floor area for all nonresidential uses shall not exceed one and seventy -two -
hundredths (1.72) times the
gross lot area;provided, however, that nonresidential
use shall be permitted only in a mixed use building
where at least one and five.
tenths (1.5) square feet of residential use shall be provided for every one (1)
square foot of nonresidential use.
616.7.2.
i
SD-16.1 floor area limitations; exceptions.
1.
The floor area for all uses shall not exceed five (5.0) times the gross lot area.
2.
The floor area for all residential uses shall not exceed five (5.0) times the
gross lot area.
3.
Except as modified by section 616.7.2.1 below, the floor area for all
nonresidential uses shall not exceed two (2.0) times the gross lot area.
616.7.2.1.
XL16.1 allaurble increase in nonresidential floor area for the provision of
onsite or offsite residential use. For every square foot of residential use
provided either onsite in
a mixed use building or offsite within the boundaries of
the SD-16, 16.1, or 16.2 districts and provided concurrently
with nonresidential
use, the nonresidential floor area shall be increased by one (1)
square foot;
provided, however, that the maximum increase in floor area shall not exceed three
(3.0) times
the gross lot area. Maximum total nonresidential floor area shall not
exceed five (5.0) times the
gross lot area of the SD-16.1 site.
616.7.3.
�E-16.2 floor area lvnitations.
I.
The floor area for all uses shall not exceed four (4.0) times the gross lot area.
2.
The floor area for all residential uses shall not exceed two (2.0) times the gross
lot
area.
3.
The floor area for all nonresidential uses shall not exceed two (2.0) times the
gross lot area.
Sec. 616.8. Minimum open space requirements.
616.8.1. XQ6, 16.2 ywt1s; setbacks; arcades; gatauz
limitations. y features; special requirenvtts and
616.8.1.1. Mninintjvrds. The following minimum yard dimensions and limitations shall
apply. Notwithstanding the provisions of section 908.3, canopies and awnings may
project without limitation into the required yard area adjacent to streets,
provided that such projection is entirely supported from the building. Required
yards and setbacks adjacent to streets shall not be used for offstreet parking or
loading.
1. Adjacent to N.E. and N.W. 9th Street, the yard shall be a minimum of twenty
five (25) feet in depth.
2. Adjacent to I-95, I-395, and the metrorail rights -of -way, all yards shall be
a minimum of ten (10) feet in depth.
3. Except as greater dimensions are required by other lawful regulations, for
all other yards, there shall be no minimum yard requirements (front, street
side, interior and rear).
616.8.1.2. Setbacles; arcades; special requirements and lanitations. Except as modified
by section 616.8.3, following are the setback requirements and limitations:
1. Except: (1) in particular locations adjacent to N.W. 2nd Avenue, N. Miami
Avenue, and N.E. 1 and 2 Avenues where a gateway feature is required by the
Southeast Overtown/Park West Design Standards and Guidelines; and (2) for
mandatory and optional arcades (see section 616.3.2), building setbacks shall
not be permitted for the first forty (40) feet of height above ground level
adjacent to any street.
i
2. Within one hundred fifty (150) feet of the centerline of a north -south public
street right-of-way, there shall be no additional setback requirements.
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616.8.2
3. Elsewhere within the district (not within 150 feet of the centerline of a
north -south public street right-of-way), the building shall be set back a
minimum of one foot for every one additional foot of building height above an
elevation of forty (40) feet (measured perpendicular to the base building
line), up to a maximum setback of fifty (50) feet. After the maximum fifty
(50) feet setback has been provided, there shall be no setback or height
limitations.
4. Adjacent to I-95, I-395, and Metrorail rights -of -way, no residential building
shall be erected less than fifty (50) feet from any structure within such
right-of-way.
S5-16.1 yards; setbacks; arcades; special requirgrxmts cntd lrnritations.
616.8.2.1. Mninzm y+arrls. The following minimum yard dimensions and limitations shall
apply. Notwithstanding the provisions of section 908.3, canopies and awnings may
project without limitation into the required yard area adjacent to streets,
provided that such projection is entirely supported from the building. Required
yards and setbacks adjacent to streets shall not be used for offstreet parking or
loading.
I. Adjacent to Biscayne Boulevard, all yards shall be a minimum of ten (10) feet
in depth.
2. Except for Biscayne Boulevard, or as greater dimensions are required for
building spacing, there shall be no minimum requirements for all other yards
(front, street side, interior and rear).
616.8.2.2. Setbacks; arcades; requirements and limitations on location. Except as
modified by section 616.8.3, following are the setback requirements and
limitations:
I. Except for mandatory and optional arcades, adjacent to public rights -of -way,
setbacks shall not be permitted for the first forty (40) feet in height above
ground level.
SDL-16, 16.1, 16.2 exemptions fran JWV and setback requirewits.
Where approved by Class II special permit, intrusions into the minimum yard area or other
exemption from setback requirements may be granted provided that such exemptions meet the general
objectives stated in the SD-16, 16.1, and 16.2 intent sections or in the _'Southeast Overtown/Park
West Design Standards and Guidelines".
616.8.4. 8D116, 16.1, 16.2 open space, residential recreation space; guteuxy features, viau
corridors, pedestrian through block connections, special requiremvzts said
l inmi tat ions.
616.8.4.1. Cpea spaceand residential recreation space. In addition to required yards, a
minimum of one (1) square foot of open space shall be provided for every fifty
(50) square feet of nonresidential floor area in excess of fifty thousand (50,000)
square feet. A minimum of one (1) square foot of residential recreation space
shall be provided for every ten (10) square feet of residential floor area. Such
open space and/or residential recreation space shall be approved by Class II
permit and shall conform to tfte _any aoolfcab le City of Miami desjan standards and
guidelines and to the
special standards listed below:
1. All improvements shall be in accord with elty of Standaids. an
Ou1deiines--for the "Southeast Overtown/Park West Standards and Guidelines"
. -5ee
&ai-de}-ittes° .
2. Where the top decks of accessory parking structures are exposed to view from
above, they shall be improved and maintained as open space or residential
recreation space. See me "eity of
3. The yard adjacent to N.E. and N.W. 9th Street shall be improved and
maintained in accord with approved design standards for the Ninth Street
Mall. Landscaping, sculpture, fountains, street furniture, and the like
126 10863
shall be provided as appropriate to the overall design of the pedestrian
mall. All improvements are subject to approval in connection with Class II
Special Permit actions. Such yard area shall be considered to be open space
for the purpose of calculating minimum open space requirements for non-
residential uses.
4. Open space and residential recreation space shall be located to take maximum
advantage of desirable views, especially as they relate to view corridors.
616.8.4.2. QxtawY features; special requirements. Adjacent to N.W. 2 Avenue, N. Miami
Avenue, and N.E. 1 and 2 Avenues, on N.E. and N.W. 5 Street frontages, gateway
features shall be provided, improved and maintained as a portion of open space.
Such features shall be in accord with the Southeast Overtown/Park West Design
Standards and Guidelines.
616.8.4.3. View corridors; special requircnxnts for open spaces. Where building towers
are provided more than forty (40) feet above grade, the tower shall be oriented in
an east -west direction and shall provide ample upper level open space to enhance
and preserve view corridors as they relate to other developments in the districts.
See section 616.3.2 and the '
Standards and Guidelines" Sout ve own/Park Wect Design
616.8.4.4. Pedestrian. through block connections; requirennants and lunitations. Whenever
a development includes a pedestrian through block connection, it shall be open and
accessible to the public during normal business hours. The walkway shall have a
minimum width of twenty (20) feet and a minimum height of ten (10) feet. The
walkway shall be appropriately improved and maintained for pedestrian comfort and
convenience.
Sec. 616.9. Height limitations.
616.9.1. 83-16, 16.2 height limitations; special requirenrnts.
There shall be no height limitations within this district except as provided in section
616.8.1.2.
616.9.2. EL16.1 lneigltt l nni tations.
There shall be no height limitations within this district.
Sec. 616.10. Offstreet parking and loading.
Since it is intended that automobile traffic be minimized in these districts because of
the districts close proximity to Metrorail and the downtown Metromover, special offstreet parking
requirements and limitations are as follows, and in addition, offstreet parking and loading and
offsite parking shall be as required in sections 917, 918, 922 and 923, except as modified below.
616.10.1. X-16, 16.1, 16.2 mininun and nminzm offstreet parking l in i tat ions.
1. For dwelling units there shall be a minimum of one (1) parking space and a maximum
Of two (2) parking spaces per dwelling unit.
2. For hotel or motel uses, there shall be a minimum of one 1
every four (4) lodging units and a maximum of two ( ) Parking space for
2
three (3) lodging units. ( ) parking spaces for every
3. For business and professional office uses, including medical clinics, there shall
be a minimum of one (1) parking space per eight hundred (800) square feet of floor
area and a maximum of one (1) parking space per five hundred (500) square feet of
floor area.
4. For retail and service uses there shall be a minimum of one 1
parking
one thousand (1000) square feet of floor area and a maximum of(1)
one parking
per
space per three hundred (300) square feet of floor area. ) parking
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per
one hundred (100) square feet of floor area.
127 10863
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6. For theater uses there shall be no parking spaces required and there shall be a
maximum of one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one
thousand (1,000) square feet of floor area and a maximum of one space per five
hundred (500) square feet of floor area.
616.10.2 L'Ip'ecial Offstreet parking requirwrmts; offsite parking; lurutations.
1. Notwithstanding the limitations of section 918, offsite parking shall be permitted
by Class II permit without limitation on percentage of the required number of
spaces or maximum distance from the principal use. Furthermore, there shall be no
required demonstration or findings of practical difficulty or unnecessary hardship
in providing required parking on the site, provided that the location of the
offsite parking is within a one thousand (1,000) feet radius of the principal use,
or within a six hundred (600) feet radius of a Metromover station or there are
permanent provisions made to transport the offsite parking patrons to and from the
principal site at the property owner's expense.
2. No residential dwelling unit shall be sold or leased without the right to utilize
at least one (1) onsite parking space.
Sec. 616.11. Limitations on signs.
Sign limitations shall be as set forth in section 602.11, except in SD-16 and 16.1,
animated and flashing signs and banners shall be permitted for ground level nonresidential uses
fronting on N.E. and N.W. 9 Street. Onsite signs above a height of fifty (50) feet above grade
shall be subject to the provisions of section 926.16. Offsite signs are prohibited.
Sec. 617. SD-17: South Bayshore Drive overlay district.
Sec. 617.1. Intent.
Along the coastal Atlantic ridge paralleling South Bayshore Drive and overlooking Dinner
Key and the marina basin in Coconut Grove is an area of special and substantial public interest
because of unique property sizes and shapes; geologic features; bay views; relationships to major
entrance roadways; proximity to adjacent neighborhood, and public open space and recreation, and
commercial services; impacts on surface parking on open space within Dinner Key; and a special
character imparted by tropical vegetation and historic structures.
It is the intent of these special district regulations that future public and private
development shall respect and enhance this character, preserving area wide property values and
enhancing Coconut Grove's desirability as a place to live and work. These regulations are
intended to apply to the high density residential or the office district as n Artcle 4
and located within this zoning_district and bounded by C.W. 27th Avenue: Tigertail Avenue, South
Bayshore Drive and Mary _Street: and to the office -residential area bounded by S W. 27th Avenue
Tiaertail Avenue- Aviation Avenue and outh Baychnre nri„e
by providing _bonuses, only for those oropertiee which lie east of -S.W. 27th
Avenue when developed for non-residential uses-:, height limits-; special setback and view
corridor requirements;,; design requirements;,; incentives to provide publicly available parking
for Dinner Key and Coconut Grove Village Center activities;i and design review guidelines.
Sec. 617.2. Effect of SD-17 district designation.
The effects of these SD-17 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
617.2.1. Lind tat i ours on uses; buffer.
For those portions of lots abutting public right-of-way that separates different zoning
districts the following use limitations shall apply:
(a) For the first one hundred (100) feet of lot depth adjacent to Tigertail Avenue
there shall be a landscaped yard area, except that residential uses, excluding
hotels and motels, that front on Tigertail Avenue may be developed in accordance
with other provisions of this district. Provided that residential development
occurs, ancillary and parking structures for nonresidential uses no--greater--im
may be located below grade to within twenty
(20) feet of Tigertail Avenue or above grade within fifty (50) feet of Tigertail
Avenue, provide further that such ancillary or parking structures are completely
screened from view along Tigertail Avenue by the residential structures.
(b) For the first fifty (50) feet of lot depth adjacent to Mary Street, there shall be
a landscaped yard area, except that for development which qualify under provisions
of section 903.7 of this ordinance, principal use structures shall be set back not
less than ten (10) feet from Mary Street and ground level convenience retail uses
front on not less than sixty-five (65) percent of the Mary Street frontage.
617.2.2. &ceptions to floor area ratio limitations.
Notwithstanding floor area ratio limitations of theexisting districts, the F.A.R. for the
area bounded by S.W. 27th Avenue Tiaertail Avenue South Bayshore Drive and Mary Street. shall
b�2, and the F.A R for the area bounded by S.W. 27th Avenue Ti ertail
q Avenue Aviation
Avenue and South Bayshore Drive shall be 1.21. �d1e
The floor area ration may be increased only for non-residential buildinas in the area bounded by
S.W. 27th Avenue Tiaertail Avenue A ' ti
via on Avenue and South Bayshore Drive in accordance with
the following provisions:
617.2.2.1. Pbblicly accessible parking. For every nonresidential parking space
provided in excess of offstreet parking requirements, an additional two hundred
(200) square feet of floor area for any use permitted in the underlying zoning
district shall be permitted; provided, however:
(a) Such parking space shall be not less than seventy-five (75) spaces and
accessible by the general public during normal business and operating hours
of public activities or attractions in Dinner Key adjacent public
facilities or the Coconut Grove Village Center.
129 10863
(b) Parking fees charged shall not be in excess of prevailing rates for public
metered parking in the vicinity, as established by the Miami Department of
Off -Street Parking.
(c) The entrance to the excess parking facility shall not be farther than six
hundred (600) feet from a) the Coconut Grove Village Center, a major public
activity center, herein defined as the boundary of section 6D2", SD-2:
Coconut Grove Central Commercial District or b) the main entrance of a
structure housing the following activity centers identified in the "Dinner
Key Master Plan": a performance hall, specialty center, exhibition center
or conference facility. The six hundred (600) feet shall be measured along
a radius from a) the boundary of section 620, SD-2: Coconut Grove Central
Commercial District or b) a public pedestrian entrance of a structure
housing the activity center. For the purposes of this section, the "Dinner
Key Master Plan" is defined to be that plan adopted in principle by
Resolution 85-70, January 24, 1985, of the City of Miami Commission. A
copy of the Dinner Key Master Plan, as adopted in principle, is on file
with the city clerk and City of Miami Planning Department.
(d) In no case shall the cumulative additional floor area permitted under this
section exceed fifty -hundredths (.50) times the gross lot area.
(e) Required parking shall be provided for bonus floor area and shall not be
considered as excess parking under the provisions of this section.
I YI I I' I I I W9114 SO • ED• 0 0 10
•• • 1 • LA1 OWN K-" / •• /
• / • • • 0 0 MISIIM• / 1 ll=.§ SMITE. p.11 Rm• •1 k4 ISM.
617.2.3. Special lindtatians on ualls, vehicular uays and parking in a required special y7ri.
There shall be provided an average yard area setback along South Bayshore Drive of thirty
(30) feet within which walls, fences and hedges over three (3) feet in height, as measured
vertically from the crown of the road and not from the flood plain, shall be prohibited. No
parking, except for passenger drop-off facilities, shall be permitted and vehicular drives shall
not occupy more, than twenty-five (25) percent of the required special yard area.
617.2.4. Sxcial height l in?d ts.
No building within this district shall exceed a height of two hundred fifty (250) feet or
twenty-two (22) stories in height whichever is lower, as measured vertically from the crown of
South Bayshore Drive and not from the flood plain, and no building within one hundred (100) feet
of the zoned right-of-way of Tigertail Avenue shall exceed forty-five (45) feet.
Sec. 617.3. Class II Special Permit.
617.3.1. Wien required.
A Class II Special Permit shall be required prior to approval of any building permit
affecting the height, bulk, location or exterior configuration of any existing building; or for
the erection of any new building; or for the location, relocation or alteration of any parking
area or vehicular way that would be visible from a public street.
617.3.2. Cbnsideratiwzs in nuking Class H Special Peymit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the
application as submitted (or with such conditions and safeguards as may reasonably be attached to
assure such conformity) with the expressed intent of this district, with the general
considerations listed in section 1305, and with the special considerations listed below. In
making determinations concerning construction of new principal buildings or substantial exterior
alteration of existing principal buildings, the Planning Director may obtain the advice and
recommendations of the Urban Development Review Board.
ways,building pennit shall be issued within the boundal—es of the 5B-H district affectin
the special yards lie. Of
-actures oi- parking areas on private property without autho, Hzetion by et e! ss
vehicular
-1-1 Special Permit
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` (1) Relation of proposed improvements to natural features, surrounding buildings,
public recreation areas, and major streets. Proposed improvements shall be
a
related harmoniously to the terrain, and in particular shall protect and enhnce
natural features such as rock outcroppings and ridge lines as much as reason
possible. ably
(2) Relationship of new or redeveloped structures shall consider open space and view
corridor relationships created by buildings, walls, landscaping, and
egress from private drives serving nonresidential structures or parking
physical/visual linkages to public recreation areas. Vehicular ingress and
not occur directly onto Tigertail Avenue. shall
(3) Landscaping, screening and open space. Desirable landscaping shall be preserved
in its natural state to the maximum extent reasonably feasible. General
landscaping requirements and standards established by this ordinance for
offstreet parking, yards, and open space shall be considered supplemental to
retention of desirable natural features. Placement of structures and vehicular
areas shall be such as to retain, to the extent reasonably practical, desirable
existing landscaping, open spaces and natural features, and to promote
provisions of compatible new landscaping. Desirable native plant materials, and
such exotic plant materials as have become traditional in the area, shall be
preferred in plant selection. All accessory areas and structures, such as
service and loading areas, which need screening to avoid adverse effects _on
adjoining properties shall be adequately concealed by appropriate plantings or
other screening.
Sec. 618. SD-18: Minimum lot size district.
Sec. 618.1. Intent.
It is the intent of these special district regulations to restrict the minimum lot size
to 10,000 square feet and the minimum lot width to 100 feet in order to preserve the character of
certain neighborhoods in the city.
Sec. 618.2. Effect of SD-18 district designation.
The effects of these SD-18 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
618.2.1. Limitations on size of lot.
Intensity and uses permitted on lots designated as SD-18 shall be the same as those of the
R-1 Single Family Residential District except that minimum lot size shall be 10,000 square feet
and minimum lot width shall be 100 feet.
618.2.2. Lind tations on yards.
All yards adjacent to South Bayshor nr;vp for properties designated SD-18 and -adjacent
to South Bayalivic UI-VTC shall be not -less -then_a minimum of 70 feet.
`1
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� Sec. 619° SD-19: Designated P.A.R. overlay district.
/
/ Sec. 819.1. Intent.
l . °~Specific areas within the CitY, including the Civic Center area; on the sou'th ojd� of US -
west of 1/th Avenue, the area south of Coral Way on the east side of Douglas «»ao (37tU«"enue)` and the area bounded by N.E. 4th Avenue (extended) and Biscayne Boulevard between N.E.1uth and M.C. 2¢th Streets have been appropriately zoned with
e specific sector number.
�. Sec. 619.2. Effect of SU~19 district designation.
`
The effect of those SU~19 districts shall be to modify regulations within portions of
'
other zoning districts included within the SD boundaries to doo� i
City with a specific floor area ratio �F ^ A ` R `.) ^ `y»oze pr»Pn'ti»a or areas of the /
[` t
�������
��o�^� �
133 '
|
�
Sec. 620. SD-20: Edgewater overlay district.
Sec. 620.1. Intent.
The intent of this overlay district is to provide a development incentive for the general
Edgewater/Omni area between Northeast 2nd Avenue to Biscayne Bay. It is also the intent to
preserve the urban character of the area, to preserve and enhance property values through
setbacks and lot coverage restructure so as to enhance the area as a place to live and work.
Sec. 620.2. Effect of SD-20 Designation.
The effects of these regulations shall be to modify regulations within portions of other
zoning districts included within SO boundaries to the extent indicated herein.
620.2.1. &COEPtions to floor area ratio l»nitations.
Notwithstanding floor area ratio limitations of existing districts lying within the SD-20
district boundaries, the floor area ratio for commercial uses may be increased to 2.0.
620.2.2. &cepticn to »nxvrun lot size.
Irrespective of minimum lot sizes of underlying districts, the minimum lot size shall be
5,000 square feet.
620.2.3. Exception to nuninuzz open. space requirezwzts.
Irrespective of minimum open space requirements in the underlying districts, the lot
coverage -shall be limited to 60% of gross lot area. For residential uses, the front setback
jj shall be a minimum of 20 feet; the rear setback shall be a minimum of 10 feet and the side
setback shall be a minimum of 5 feet on each side. For commercial uses, the front setback shall
be 10 feet; the rear setback shall be 5 feet; no side setback is required.
620.2.4. Exception to )zeight limitations.
Irrespective of height limits in the underlying districts, there are no height limits in
the SD-20 Overlay District.
620.2.5. Exception to parking requirements.
Irrespective of minimum parking requirements in the underlying districts, the minimum
parking requirement for residential use is:
One space each for efficiency, 1 bedroom and 2 bedroom;
Two spaces each for 3 and 4 bedroom.
For commercial use, the minimum parking required is 1 space per 550 square feet.
f
1. The board shall have authority to deny a demolition permit only where such
authority is provided as a condition of granting a conditional use under the
provisions of section 706.
2. Except as provided in section 705-3.2-1, the board may grant a certificate of
appropriateness with a delayed effective date up to six (6) months. The
effective date shall be determined by the board based upon the relative
significance of the structure, the probable time to arrange an alternative to
demolition, and whether the applicant has made a clear determination of
unreasonable or undue economic hardship.
3. During the demolition delay period, the board may take such steps as it deems
necessary to preserve the structure concerned, in accordance with the intent
and purpose of this article. Such steps may include, but shall not be
limited to, consultation with civic groups, public agencies and interested
citizens, recommendations for acquisition of property by public or private
bodies or agencies, and exploration of the possibility of relocating the
subject structure.
4. During the demolition delay period, the owner shall permit access to the
subject property for the purpose of appraisals and inspections required by
the board. If the board finds that the owner has refused a "bona fide" offer
to purchase or otherwise provide compensation for the subject structure or
property for fair market value by any public or private person or agency
which gives reasonable assurance of its willingness to preserve such
structure on its original site or on a site approved by the board, it may
invalidate the certificate of appropriateness, following a public hearing.
5. The board may require, at the applicant's expense, salvage and preservation
of significant building materials, architectural details and ornaments,
fixtures, and the like for reuse in restoration of other historic properties.
The board may also require at the applicant's expense the recording of the
structure for archival purposes prior to demolition. The recording may
include, but shall not be limited to, photographs and measured drawings.
705.3.3. &location of existing structures. Relocation of historic structures from
their original location shall be discouraged; however, the board may grant a
certificate of appropriateness if it finds that no reasonable alternative is
available for preserving the structure on its original site and that the proposed
relocation site is compatible with the historic and architectural integrity of the
structure. The board may issue a certificate with a delayed effective date up to
six (6) months in order to explore alternatives to relocating the structure in
question.
705.3.4. Renoval of existing landscape features.
1. No certificate of appropriateness shall be granted for removal, relocation,
concealment or effective destruction by damage of any landscape features
identified in the designation report unless one (1) of the following
conditions exists:
(a) The landscape feature is located in the buildable area or yard area
where a structure may be placed and unreasonably restricts the
permitted use of the property; or
(b) The vegetation is inappropriate in a historical context or otherwise
detracts from the character of the HC district; or
(c) The vegetation is diseased, injured, or in danger of falling;
unreasonably interferes with utility service; creates unsafe vision
clearance or conflicts with other applicable laws and regulations.
2. As a condition of granting the certificate of appropriateness, the applicant
may be required to relocate or replace identified vegetation.
705.3.5. Ovw d disturbing activity in archeological zones, archeological sites, or
archeological conservation areas.
1. No certificate of appropriateness shall be issued for new construction,
excavation, tree removal, or any other ground disturbing activity until the
141 10063
I Dade County Archeologist has reviewed the application and made his
I recommendation concerning the required scope of archeological work. The
board may require any or all of the following;
(a) Scientific excavation and evaluation of the site by an archeologist
approved by the board at the applicant's expense.
(b) An archeological survey conducted by an archeologist approved by the
board at the applicant's expense containing an assessment of the
significance of the archeological site and an analysis of the impact of
the proposed activity on the archeological site.
(c) Proposal for mitigation measures.
(d) Protection or preservation of all or part of the archeological site for
green space, if the site is of exceptional importance and such denial
would not unreasonably restrict the primary use of the property.
2. The board may issue a certificate of appropriateness with a delayed effective
date up to sixty (60) calendar days to allow any necessary site excavation or
assessment.
3. The Dade County Archeologist shall assist the board by providing review of
any professional archeological surveys and excavations conducted pursuant to
a certificate of appropriateness.
Sec. 706. Conditional uses and deviations.
706,1. Intent.
!
ITo. further the intent and purpose of heritage conservation districts, the heritage conservation board may, if the standards, procedures, and conditions set forth in this section
are met, relax certain otherwise applicable zoning regulations for historic sites, historic
1 districts, and archeological zones designated as HC districts by granting a special certificate
of appropriateness.
706.2. Types of conditional uses and deviations peindssible.
I.
706.2.1. Conditional Uses. Conditional uses, permissible only within HC-2 overlay
districts as set forth in section 711.4 may be authorized by the board.
706.2.2. Deviations concerning historic structures. The board may vary the
provisions of Article 11, "Nonconformities," to the extent indicated herein. Any structure that
contributes to the historic character of a historic site or historic district, as identified in
the designation report, shall be permitted to be repaired, restored, structurally altered, or
f reconstructed, notwithstanding any conflicts with provisions of the underlying zoning district
pertaining to minimum lot size, setbacks, minimum lot width, maximum height, building footprint,
E. green space, offstreet parking or loading requirements. New structures or additions to existing
structures may also be authorized by the board when necessary to encourage the preservation of
historic sites and historic districts. Historic signs shall be permitted to remain and to be
repaired, restored, structurally altered, or reconstructed.
706.2.3. Deviations concerning additions and new buildings. In cases where
the configuration of an HC district precludes reasonable and appropriate use of the property
within the underlying zoning district envelope, a deviation of up to twenty (20) percent from the
underlying zoning district requirements for maximum height, building footprint, and green space
may be authorized by the board.
706.2.5. Deviations concerning offstreet parking. In cases where the size or
configuration of an HC district is such that compliance with offstreet parking requirements would
destroy the historic character of the property, the board may authorize a reduction of up to one-
third (1/3) of the number of parking spaces that would ordinarily be required for a new structure
of equivalent use and floor area.
706.3. Standards.
In addition to guidelines for issuing certificates of appropriateness as set forth in
section 705.3, the heritage conservation board shall determine that the following standards have
f been met before reaching a decision to grant a special certificate of appropriateness.
ro riateness.
i
C
f.
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1. The conditional use or deviation shall provide a public benefit and shall be
necessary to encourage or assure the continued preservation of the historic
structure.
2. The conditional use or deviation shall be in harmony with the general intent and
purpose of this article and shall not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
3. The project shall be designed and sited in a manner that minimizes the impact on the
surrounding areas in terms of vehicular ingress and egress, offstreet parking,
pedestrian safety and convenience, public utilities and services, lighting, noise, or
potential adverse impacts.
706.4. Procedures for granting conditional uses and deviations.
706.4.1. Applicatiat for a special certificate of appropriateness. An application for a
special certificate of appropriateness shall be submitted as set forth in section
705. In addition, the application shall contain a written statement justifying the
requested conditional use or deviation and providing evidence that the conditional
use or deviation is necessary to encourage or assure the continued preservation of
the designated historic structure.
706.4.2. 1lbtice and hearings, generally. The board shall hold a public hearing with
notice as set forth in section 62-55 (1 through 4) of the Miami City Code.
706.4.3. lkcision of the board. The board shall make findings based upon the standards
set forth in section 706.3 and shall take one (1) of the following actions:
1. Issuance of a special certificate of appropriateness for the conditional use
or deviation proposed by the applicant; or
2. Issuance of a special certificate of appropriateness with specific
modifications and conditions; or
3. Denial of a special certificate of appropriateness.
706.5. Conditions and safeguards.
706.5.1. Board may #?pose conditions and safeguards. In granting any conditional use or
deviation, the board may prescribe appropriate conditions and safeguards necessary
to protect and further the interest of the area and abutting properties, including,
but not limited to landscape materials, walls, and fences as required buffering;
modifications of the orientation of any openings; modification of site
arrangements; and control of manner or hours of operation.
706.5.2. Pequirwmts for substantial rehabilitation. As a condition of granting a
conditional use or substantial deviation, as determined by the board at the time of
granting the special certificate of appropriateness, the board may require that
structure(s) for which the conditional use or deviation is requested be
substantially rehabilitated in accordance with the South Florida Building Code, the
National Fire Prevention Code, the Secretary of the Interior's "Standards for
Rehabilitation," and any other applicable codes.
706.5.3. Fequirerorts concel7ling tune lunitations. In granting a special certificate of
appropriateness, the board shall, as a condition or safeguard, specify a
reasonable limitation of time within which an application for a building permit,
if applicable, shall be made. In addition, the board may prescribe a reasonable
limitation of time within which rehabilitation shall be commenced or completed, or
both. Failure to meet such time limitations shall result in the cancellation of
the special certificate of appropriateness unless, on application to the board and
on due cause shown, the board shall extend the time limitation originally set.
Such application shall be filed with the heritage conservation officer not less
than thirty (30) calendar days prior to the date of expiration of the certificate
of appropriateness. If the application for extension of time be denied by the
board, it shall state in writing its reasons for the action of denial. Extensions
in six (6) month increments may be granted, but in no case shall more than two (2)
extensions be granted for a specific certificate of appropriateness.
706.5.4. lbquire=ts concerning dwvlition. In cases where a property owner has been
granted a conditional use or substantial deviation, as determined by the board at
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the time of granting the special certificate of appropriateness, the board shall
have the authority to deny a certificate of appropriateness for demolition of the
subject historic structure(s) under the provisions of section 705.3.2-1.
706.6. Appeals.
Appeals of any decision of the heritage conservation board shall follow the same
procedures as set forth in section 705.2.4.5.
Sec. 707. Amendments to existing HC districts, administration and enforcement in HC districts.
707.1. Amrdients to existing lE districts; exception.
Applications for amendments to existing HC districts shall be processed according to the
provisions of article 22, "Amendments"; except that all such applications shall be submitted to
the board for review and recommendation at a regularly scheduled meeting prior to any public
hearing on such application by the planning advisory board or zoning board; and provided that no
action resulting from such application shall have the effect of eliminating the requirement for
certificates of appropriateness as provided in section 705.
Where the board has issued a certificate of appropriateness for demolition or relocation
of the structure or feature of principal historic significance on a historic site, the HC
district designation may be eliminated through the amendment process.
707.2. Olziinwynuintenanee and repair.
Nothing in this article shall be construed to prevent the ordinary maintenance or repair
of any structure when such maintenance or repair does not constitute an alteration; or to prevent
ordinary maintenance of landscape features.
707.2.1. Diforcenent of maintenance and repair provisions. Where the board or the
heritage conservation officer determines that any structure within an HC district
is endangered by lack of maintenance and repair, or that any other structure in
visual proximity to an HC district lacks maintenance and repair to such an extent
as to detract from the character of the HC district, the board or the officer may
I request appropriate officials or agencies of the City to require correction of such
deficiencies under authority of applicable laws and regulations.
707.3. Lhsafe structures.
In the event the building official determines that any structure within an HC district is
unsafe pursuant to section 202 of the South Florida Building Code, he shall immediately notify
the board with copies of such findings. Where reasonably feasible within applicable laws and
regulations, the building official shall endeavor to have the structure repaired rather than
demolished and shall take into consideration any comments and recommendations of the board. The
board may take appropriate actions to effect and accomplish preservation of such structure,
including but not limited to, negotiations with the owner and other interested parties, provided
that such actions do not interfere with procedures in section 202 of the building code.
I
707.4. Bwrgmcy conditions.
For the purpose of remedying emergency conditions determined to be imminently dangerous to
life, health or property, nothing contained herein shall prevent any temporary construction,
reconstruction, demolition or other repairs to a structure, landscape feature, or site in an HC
district pursuant to an order of a government agency or a court of competent jurisdiction,
provided that only such work as is reasonably necessary to correct the emergency condition may be
carried out.
The owner of a structure damaged by fire or natural calamity shall be permitted to
stabilize the structure immediately and to rehabilitate it later under the procedures of this
article.
707.5. Ins
pections.
The building and zoning department shall assist the board by making necessary inspections
II in connection with the enforcement of this article. The building and zoning department shall be
f responsible for promptly stopping any work attempted to be done without or contrary to any
certificate of appropriateness required under this article; and shall further be responsible for
ensuring that any work not in accordance with an issued certificate of appropriateness be
voluntarily corrected to comply with said certificate.
i
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707,6. Violations and penalties.
Any person who carries out or causes to be carried out any work in violation of this
article shall be required to restore the subject structure, landscape feature, or site either to
its appearance prior to the violation or in accordance with a certificate of appropriateness
approved by the board.
707.6.1. aferral to the heritage conservation board. The building and zoning
department shall refer all violations to the board, unless such violation is
voluntarily corrected to comply with a previously issued certificate of
appropriateness.
707.6.2. Mritage conservation board public hearing. The board shall conduct a
public hearing with notice as set forth in section 705.2.4.1.
707.6.3. LLcision of the heritoge conservation board. The board shall make findings
based upon the provisions of this section and the guidelines set forth in
section 705.3 and shall take one (1) of the following actions:
1. Reaffirmation of a previously issued certificate of appropriateness;
or
2. Issuance of an amended special certificate of appropriateness with
specified modifications and conditions; or
3. Issuance of a new special certificate of appropriateness with
specified conditions.
The board may specify a reasonable limitation of time within which the work
authorized by the certificate of appropriateness shall be commenced or
completed, or both. Appeals of any decision of the board shall follow the
same procedures as set forth in section 705.2.4.5.
1
707.6.4. Referral to the code enforcenvzt board. If the work authorized by any
certificate of appropriateness issued pursuant to section 707.6.3 is not
commenced and/or completed within the time specified, or if a subsequent
violation of a certificate of appropriateness issued pursuant to this
section is found, the building and zoning department shall initiate
enforcement proceedings before the code enforcement board as provided in
chapter 2, article X of the Miami City Code. This remedy shall be in
addition to and not in lieu of any criminal prosecution and penalty provided
in article 21, "Administration, Enforcement, Violations, and Penalties.
707.7. Cbn fl i cts.
Where there are conflicts between the requirements of this article and other provisions of
this zoning ordinance, the most restrictive requirements shall apply.
1.
707.8. K'zoning cpplies equally to private parties and public bodies.
E
The provisions of this article shall apply equally plans, PP Y q Y to p projects or work executed or
assisted by any private party, governmental body or agency, department, authority or board of the
city, county or state.
Secs. 708-709. Reserved.
Sec. 710. HC-1 heritage conservation overlay district.
1
710.1. Intent.
This district is intended to carry out the intent and purpose of heritage conservation
f- districts as set forth in section 700. It is intended to be applied to historic sites, historic
f districts, and archeological zones which meet the criteria for designation set forth in section
E. 704.1 and which either do not require conditional uses to assure their preservation or may be
I located where conditional uses would be injurious to the neighborhood or otherwise detrimental to
the public welfare.
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710.2. Effect ofI C-1 overlay district.
The HC-1 overlay district shall have the effect of modifying requirements, regulations
and procedures applying in existing zoning districts indicated in the official zoning atlas, or
zoning districts hereafter created and remaining after the HC-1 overlay district is superimposed,
to the extent provided herein. All zoning requirements, regulations, and procedures not
j specifically modified by the HC-1 overlay shall remain in full force and effect.
710.3. Cbrti ficates of eppropriateness.
All applicable actions within HC-1 overlay districts shall be subject to the
requirements, procedures, and guidelines for certificates of appropriateness set forth in section
705.
711. HC-2 heritage conservation overlay district.
711.1. Intatt.
This district is intended to carry out the intent and purpose of heritage conservation
districts as set forth in section 700. It is intended to be applied to historic sites and
historic districts which meet the criteria for designation set forth in section 704.1 and which
require a conditional use to encourage or assure their preservation.
711.2. Effect of EC-2 overlay district.
The HC-2 overlay district shall have the effect of modifying requirements, regulations
and procedures applying in existing zoning districts indicated in the official zoning atlas, or
zoning districts hereafter created and remaining after the HC-2 overlay district is superimposed,
to the extent provided herein. All zoning requirements, regulations, and procedures not
specifically modified by the HC-2 overlay shall remain in full force and effect.
711.3. Corti ficates of gWropriatetess.
All applicable actions within HC-2 overlay districts shall be subject to the
requirements, procedures, and guidelines for certificates of appropriateness set forth in section
705.
711.4. Cbnditiaial uses.
Professional offices, tourist and guest homes, museums, and private clubs or lodges may
be permissible as conditional uses, subject to standards, procedures and conditions set forth in
section 70'6. Such uses shall be permissible only within existing structures that contribute to
the historic character of the historic site or historic district, as identified in the
designation report; and shall not be permissible in any case where the structure(s) of principal
historic significance has (have) been destroyed or damaged beyond repair, as determined by the
board, for any reason. Any use authorized pursuant to a special certificate of appropriateness
under section 706 shall comply with all regulations applicable to the same or similar use in the
most restrictive zoning classification permitting such use, to the extent such regulations have
not been modified under section 706.1
ARTICLE 8. RESERVED
147
2.0
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Secs. 901-902. Reserved.
Sec. 903. General and Supplementary Regulations.
The following regulations shall apply generally or in groups of districts as indicated,
and qualify or supplement other regulations appearing in this zoning ordinance, unless district
regulations or regulations for particular uses specifically provide to the contrary. Terms used
in this section are generally cross-referenced in article 25.
903.1. Riles catcerning projects crossing district boundaries or streets; regdre»erzts and
1 imi tat iots.
Where a project is designed as a single site and it occupies lands divided by district
boundaries the entire site may be developed under the conditions of the less intense district, by
Class I Special Permit only. A Class II Special Permit is required where a project is designed
as a single site and it occupies lots divided by a street or alley.
903•2. Riles concerning carbinations of uses in buildings or on prenises;
requirements or linutations. ctnulatiue
Where there is a combination of uses in a building or on premises or in connection with a
building and premises, and/or where cumulative requirements or limitations apply, the following
rules shall govern:
903.2.1. Different floor area ratios applying to uses corfiined in building(s) prenises. Where there is a difference between floor area ratio limit tions
applying to permitted uses within the same building (or buildings on the same lot),
the total floor area limitation shall be the sum of lot area requirements for each
use, with the floor area for each use calculated for the proportionate share of the
lot.
903.3.
903.2.2. P'equirewnts ePplying to residential and nonresidential uses ovruined in
building. Where there are different requirements applying to residential and/or
other uses combined in the same building, residential requirements shall apply with
respect to the portions of the building devoted to residential uses, and any other
requirements shall apply with respect to the portion devoted to nonresidential
use Off the Pre
cumulative requirements or limitations are to be computed, fractions shaCalculation of corbined requirerents or lirnritations; rownding in totals only. Where
forward in the summation, and the total rounded to the nearest whole number, subject ed
ll be carried
existing minimum lot sizes and maximum densities of development required by the zoning
to
district regulations.
903.4. Hitel and nntel density equivalents.
For the purposes of density calculation, hotel and motel rooms shall be considered as
equivalent to .50 of a dwelling unit.
903.5. Actions by ,Qpecial F-ception and lvrtitations thereon in cases ulnere zoning district
bowndaries split lots or parcels.
In cases where zoning district boundaries divide a lot of record at the time the boundary
was established, the Zoning Board,
as a Special Exception authorize the extension of regulations for either portion of the lot nmay
ot
to exceed fifty (50) feet into the remaining portion. Not more than one (1) such extension shall
be permitted on any lot, and any further extension shall require amendment of the official zoning
atlas. This section shall not be construed to authorize such extension of land use district
i
boundaries, nor to authorize the extension of regulations for an adjoining district into any SD
district.
148 10863
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tl
Sec. 904. Determinations concerning uses or characteristics of uses not specified.
Where there is substantial doubt as to whether a particular use or uses, or classes of
uses, or characteristics of use not specifically identified in this zoning ordinance are of the
same general character as those listed as permitted
or conditional uses, the Director of the Department ofIPlanning,
Building and Zoning upon request from any administrative agency or officer of the city or on his
own initiative, shall make a determination in the matter. He shall give due consideration to the
intent of this zoning ordinance concerning the district involved, the character of uses
specifically identified, and the character of the use or uses in question.
Requests for such determinations shall be made only by officers or agencies of the city.
Such requests shall not involve those circumstances where the zoning administrator has made a
negative finding, in which case appeal lies to the zoning board on grounds of error in his
determination.
On a determination made by the Director of Planning, Building and Zoning in the manner
set out above, appeal from such determination may be made to the zoning board on grounds of
error.
904.1. Abti ficatiais concerning determinations.
Upon making his determination, the Director of the Department of Planning, Building and
Zoning shall notify arM any other officer or agency of the city likely to be affected by such
ruling. In particular, but without limitation thereby, the director shall notify the zoning
board where the determination involves special permits upon which it is authorized to act.
904.2. Effect of findings by Director of L)4"-mmt of Planning, &ilding and Zaiiitg.
If in making the determination the Director of the Department of Planning, Building and
Zoning finds that the particular use or class of use or characteristics of use is of unusual or
transitory nature, or is unlikely to recur frequently, and unless his determination thereon is
reversed on grounds of error on appeal to the zoning board, the determination shall thereafter be
binding on all officers and agencies of the city as an administrative ruling, and without further
action on, or amendment of this zoning ordinance.
I Where the Director of the Department of Planning, Building and Zoning finds, in making the
determination, that the particular use or class of use or characteristics of use is likely to be
common or recurrent, and that omission of specific reference in this zoning ordinance is likely
to lead to public uncertainty and confusion, the director shall initiate a proposed amendment to
rectify the omission. Until final action has been taken on such proposed amendment, the
determination of the Director of the Department of Planning, Building and Zoning shall be binding
on all officers and agencies of the city as an interim administrative ruling.
904.3. &C11csial of specific uses.
Specifically excluded from all districts in the city are drop forging, manufacture of
cement, lime, gypsum, plaster of paris, pulp or paper, manufacture or storage of explosive or
fireworks, refining, distillation or manufacturing of petroleum, asphalt, tar, coal distillation,
coke ovens, rock pits or quarries, or removal of rock, sand, muck, marl or soil except as
incidental to construction on the premises, smelting or refining of metals or ores, steel mills
or furnaces, foundries, coal or coke fired kilns, stockyards, slaughterhouses, tanning, curing or
storing of raw hides or skins, use of unprocessed bones, fat, offal-t, hooves, horns or other
unprocessed animal products in the production of glue, soap, lard, oils, or fertilizer,, private
facilities for treatment of garbage, refuse, off-fial or dead animals, wrecking yards or junkyards,
scrap and salvage yards.
{Specifically excluded from all residential districts (i.e., R-1, R-2, R-3 and R-4) in the
city are houseboats and marine live -aboard vessels.}
Sec. 905. General requirements concerning arrangement and location of structures and
landscaping; access.
In addition to minimum yard and other requirements specified in this zoning ordinance, all
buildings and other structures, land preparation, and landscaping shall be so located and
arranged on lots as to provide safe and convenient access for emergency purposes, fire
protection, servicing, and offstreet parking and loading located on the premises. to access
through such premises, the following limitations shall apply:
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905.1. Prohibition of use of residentially zoned private property for access to uses not
permitted in residential districts; exceptions.
No private land which is residentially zoned shall be used for vehicular or pedestrian
access to land or structures in other districts used for any purpose not permitted in the
residential district, except as provided below or otherwise authorized by this zoning ordinance
or other lawful regulations:
905.1.1. L'incial access for erreigcmcy and public service vehicles nr:ly be authorized
by Class H Lgxcial Pemut. Where provision does not exist for safe and convenient
access for emergency and public service vehicles, and such access is not reasonably
feasible except through private land which is residentially zoned, access reserved
!. and limited to use by such vehicles may be authorized by Class 1-I Special Permits,
subject to conditions and safeguards designed to protect the tranquility and
character of the residential area so traversed.
905.1.2. Access for pedestrians and cyclists nay be authorized by Class I L$ecial
Pennit. Where convenience and safety would be promoted, walkways and bicycle paths
to nonresidentially zoned land may be authorized by Class I Special Permits to
cross private land which is residentially zoned, subject to conditions and
safeguards designed to protect the tranquility, character, and security of the
residential area so traversed. Reference of the application to the department of
law is required.
9015.2. Separation of residential card non-residential uses.
A six (6) foot masonry wall shall be erected to separate residential and non-residential
districts except where a single Rro.iect crosses the
district boundary line.
Sec. 906. Accessory uses and structures.
The following regulations and requirements apply to accessory uses and structures:
i
� 906.1. Dielling or lodgiiw occ � Prohibited unless specifically
penrutted in district.
1 Except where specifically permitted by district regulations, use of accessory buildings as
dwellings or lodgings is prohibited.
906.2. Accessory buildings to be constructed concurrent udth or after construction of
principal building.
Accessory buildings shall be constructed at the same time as, or following, construction
of principal buildings.
i 906.3. .l;leserved.
906.4. Accessor-y buildings and other structures; lindtations on location.
{Except as otherwise authorized or regulated under the terms of this ordinance, accessory
buildings shall not be erected closer to any street than is the principal building, and accessory
structures shall not be located in any required yard.}
906.5. Lb?n occupations.
Where home occupations are penipitted o, pennissible allowe the following limitations and
requirements apply:
(a) The home occupation shall be conducted by not more than two (2) persons, one (1) of
whom shall reside on the premises.
i
I (b) The use of the dwelling unit for the home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its occupants and the area
devoted to the conduct of the home occupation shall not exceed twenty-five (25)
percent of the floor area of the residence, exclusive of the area of any open porch
I or attached garage or similar space not suited or intended for occupancy as living
quarters.
Q 8 63
150
(c) Nome occupation shall be conducted in an accessory building only when it is proven
that the accessory building existed prior to the application and it complies with
all requirements of district where it is located.
(d) There shall be no change in the outside appearance of the building or premises as a
result of the conduct of such home occupation, or any visible evidence thereof
except not to exceed one (1) sign, not exceeding one (1) square foot in area
nonilluminated and mounted flat against the wall of the residence.
(e) No traffic shall be generated by such home occupation in greater volume than would
normally be expected in the neighborhood, and any need for parking generated by
such occupation shall be met off the street and other than in a required yard
adjacent to a street.
(f) No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, or odors detectable to the normal senses off the lot, if
the home occupation is conducted in a detached dwelling, or outside the dwelling
unit if conducted in any other form of dwelling. No equipment or process shall be
used which creates visible or audible interference in any radio or television
receiver, or causes fluctuations in line voltage, off the premises.
(g) No commodity shall be sold and/or delivered upon the premises.
(h) Nome occupations shall be limited to the following: Architect, artist, broker,
consultant, dressmaker, draftsman, engineer, interior decorator, lawyer,
manufacturer's agent, notary public, teacher (excluding band instrument, and group
instruction), and other similar occupations. Specifically excluded from permitted
home occupations are physicians, dentists and medical laboratories.
(i) A home occupation shall be subject to all applicable city occupational license and
other business taxes.
906.6. Pemzment active recreatiai facilities as accessory uses in residential districts;
special permits.
.Permanent outdoor swimming pools, permanent whirlpools (and similar facilities), permanent
tennis courts, and similar active recreation facilities accessory to Xrincioal uses -rn
res'dentl• require a Class I •s3pecial -ppermits-as-foiwws- with mandatory no ;fixation
to abuttina orooer y owners_.
th
�
d. ' erty-vwners-
"11" tile total "a Of stIch Facilities is 20 percent o, more o -gloss alee—of
In connection with the special permit, section 1305 shall constitute the standard for
issuance. frr-Framing —sac
given to the proposed location oF activFties as eiated to exi-Sting or piobetbie
Of i1ving oom o, bedroom windows on adjacent property-.
906.7. Convenience establishncmts as accessory to residential or office uses.
It is the intent of this section that convenience establishments, accessory to residential
or office uses, are primarily intended for the use of occupants of the principal use and their
guests. In R-4, 0 and G/I districts, convenience establishments shall be permitted as accessory
to residential or office uses subject to the following requirements and limitations:
906.7.1. Mnimm nunber of dAelling or lodging units; minimm grpss flow area for
office building. Accessory convenience establishments shall be permitted only in
connection with principal residential uses having at least fifty (50) lodging units
or one hundred (100) dwelling units, or in connection with office uses having a
minimum of twenty thousand (20,000) square feet of gross floor area (exclusive of
area to be included in such convenience establishments).
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906.7.1.1. Cbnwersion table for mtixed use buildings. Where buildings contain
mixtures of such uses, and do not meet minimum requirements for any of the
individual elements limited above, accessory convenience establishments shall
be permitted if the total combined uses are equivalent to one hundred (100)
points, computed as follows:
Use
Points
1 dwelling unit I
1 lodging unit 2
200 square feet of gross floor area in
office use I
906.7.2. 11dxnnnz floor area permitted in accessory convenience establislment.
Maximum total floor area in all accessory convenience establishments permitted
shall not exceed an amount equivalent to ten (10) percent of the gross floor area
of principal uses. Quick copy services as an accessory to principal office uses
and as defined in this article shall not exceed an amount equivalent to two (2)
percent of the gross floor area of the principal use or fifteen hundred (1500)
feet, whichever is less.
906.7.3. Accessory convenience establislments, uses pemutted. The following
convenience establishment uses shall be permitted in connection with the principal
uses indicated. In the case of hotels, apartment hotels, and residence hotels
involving mixtures of uses, bars and restaurants shall be permitted only if lodging
units make up eighty (80) percent or more of the required minimum points (as
computed at 9066.7.1.1).
Accessory
convenience
uses
I Apothecary
Bar
Barbershop
Beauty shop
Laundry or dry
cleaning agency
Newsstand
Quick copy service
Restaurant
Sundry shop (including
gifts, food items,
household staple)
Hotels, etc.
with 50 or
more lodging
units
P
P
P
P
P
P
P
P
Residential Offices with
uses with 20,000 sq. ft
100 or more or more gross
dwelling units floor area
P P
S S*
P P
P P
P P
P P
P*
C C
P
P
P: Permitted
--: Not permitted
C: Class II permit required
S: Special Exception required
*Offices with 60,000 square feet or more gross floor area required.
06.7.4. Applications for and lrinitations on size of restaw ants as accesso
cwwenience establislnmts. All applications for a special permit under th
subsection shall contain a listing of all owners (condominium), rente
(residential apartment) or lessees (office), as the case may be, indicating the
approval (or disapproval); the disapproval of a majority of the owners, renters,
lessees, as the case may be, will create a rebuttable presumption that a restaura
of this type would not be in the best interests of the owners, renters or lesse
as the case may be. The application shall also acknowledge that the restaurant u
152
J 0 8 6 3
is to be restricted to owners, renters or lessees (and their accompanied guests) of
the residential and/or office units in the principal use; and that the applicant is
prepared to offer a covenant to that effect. All such accessory restaurant uses in
existence on adoption of this paragraph and not complying with the terms of this
subsection are deemed nonconforming uses. Provided, however, any existing
accessory restaurant which desires an increase in the number of seats provided upon
the effective date of this paragraph may apply for Special Exception and be
governed by the requirements contained herein.
Where restaurants are accessory to residential uses, gross area shall not exceed an
amount equal to fifteen (15) square feet for each dwelling or lodging unit, and the
maximum number of seats shall be one (1) seat per dwelling or lodging unit, but not
more than three hundred (300). These maximums include any waiting lounge areas.
Seating in waiting lounge areas shall not exceed twenty (20) percent of total
seating.
Where restaurants are accessory to office uses, total area shall not exceed an
amount equal to one (1) square foot for each twenty (20) square feet of gross floor
area in office use, not to exceed three thousand (3,000) square feet.
906.7.5. Lhnutations on access to accessory convenience establislrnvnts. All access
to any such accessory convenience establishments, except for necessary service
entrances, laundries serving the principal use and fire exits, shall be from a
lobby or other interior portion of the building.
906.7.6. Limitations on signs, display. No signs or displays relating to such
accessory convenience establishments shall be visible outside the building or from
any right of way.
906.7.7. Lbnutations an location of offstreet parking for restaurants. Offstreet
parking for restaurants shall be segregated from other parking and reserved for
restaurant patrons. Offstreet parking required for residential uses shall be
reserved for such uses and shall not be used for restaurant parking, except by
occupants of the principal uses.
906.7.8. Offstreet loading facilities for restaurants. Restaurant uses shall provide
adequate offstreet loading and service areas, screened and buffered as to
visibility from surrounding residential development, accessways for the principal
use and restaurant facility, and public ways.
906.7.9. Location, orientation, design, landscaping. All restaurant facilities shall
be so located, oriented, and designed as to minimize friction between restaurant
and any other activities requiring particular privacy or security. As appropriate
to this purpose, landscaping, fencing, or other separation, buffering, and/or
safeguards shall be provided.
906.7.10 Variances prohibited. No variances from the provisions of this subsection
906.7 are permitted.
906.8. Self service sales of nbtor fuels as accessory use at convenience establishnant
prohibited.
The sale of motor fuels as an accessory use at convenience establishments is prohibited.
906.9. 7brpora y special events; special pemu ts.
Where a temporary carnival, festival, fair or similar type event is permissible on
privately owned or city -owned land by a Class I Special Permit, the following conditions and
limitations apply:
(a) Temporary events which include mechanical rides are permissible only on Thursdays,
Fridays, Saturdays and Sundays and/or legal holidays, unless other days are
approved by the City Commission. Otherwise, on all other days, these events shall
be permitted only at Watson Island, Virginia Key and Bicentennial Park and the
facilities and parking lots of Miami Marine Stadium, Orange Bowl Stadium and Bobby
Maduro Miami Baseball Stadium.
(b) Temporary events not including mechanical rides are permissible on any day of the
week.
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(c) No more than two (2) temporary events shall be permitted, per site, each for a
maximum of two (2) weeks, on private property per year; no more than ten (10)
temporary events shall be permitted, per site, each for a maximum of two (2) weeks,
on public property per year, unless approved by the City Commission.
(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 for 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.
906.10 Qzrage salesl)w-d sales; special pemd ts.
Where garage and yard sales are permissible, the following limitations and
requirements apply:
(a) Only secondhand household goods of the owner or lessee of the property may be
sold or offered for sale. Items for sale shall not include automobiles, new goods, or
goods on consignment.
(b) Only one (1) sign of four (4) square feet in area may be erected for each lot
line adjacent to a street, and only for the duration of the sale.
(c) Hours of sale shall be between the hours of 8:00 a.m. and 6:00 p.m. only.
(d) Items for such sale shall be displayed only within the property lines.
(e) Any garage or yard sale shall be limited to no more than two (2) consecutive
days; no more than two (2) garage or yard sales shall be held from the same property
within any twelve-month period.
(f) The owner or lessee agrees to allow any City of Miami Planning, Building and
Zoning inspector to enter upon the property for the purpose of determining that the sale
is being conducted in accordance with this ordinance and to produce the permit if
requested.
(g) A special garage and yard sale permit, issued by the Planning, Building and
Zoning Department, will be required at the fee specified in the City of Miami Code section
62-61(5).
Sec. 907. Lot, yards, and related terms; definitions; methods for measurement; general
requirements and limitations.
907.1. Lot, prohibition against divisions creating substarrdarrl lots.
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. The creation
of substandard lots, as defined in Section 2502, is prohibited and shall be construed as
violation of this zoning ordinance.
907.2. Reserued.
{ i 907.3. Setbacs and heights r ri �abuttin
g lots.
I907.3.1. &le concerning setbacles uhere abutting lots have different zoning designations.
In this type of case, the most restrictive condition applies to all development on
both sides of the district boundary.
907.3.2 Bile concerning height of buildings abutting residential districts. Where
districts allowing building heights over forty (40) feet abut residential districts
on the rear, such additional height shall set back one foot in the horizontal for
E
every two (2) additional feet in the vertical dimension.
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907.4. Vw1d, general l rnitations or? occtgxnzcy.
A yard shall remain open, unoccupied and unobstructed by any structure or portion of a
structure from forty-two (42) inches above the general ground level of the graded lot upward
(except for unenclosed swimming pools, whirlpools, and similar facilities, tennis courts and as
otherwise provided by these regulations); provided, however, that fences and walls may be
permitted in any yard subject to height limitations established herein, and further provided that
poles, posts, and other customary yard accessories, ornaments, and furniture shall be permitted
in any required yard if they do not constitute substantial impediments to free flow of light and
air across the yard to adjoining properties.
In all residential districts, air conditioning and fire equipment (such as air
conditioning compressors, pumps, exhaust fans, filters and other similar noise producing
equipment) is permitted on the walls, roof or windows or within the rear yard if located at least
ten (10) feet from the adjacent property lines by Class I Special Permit. In commercial and
industrial districts, where yard areas and setbacks are required, said equipment and air exhaust
i discharge from said equipment shall not be installed within ten (10) feet of adjacent property
Ilines or within the width of the required yard or setbacks, whichever measurement is greater. In
commercial and industrial districts, where no setbacks are required and buildings are built to
the property line, no such equipment shall be installed within ten (10) feet, measured vertically
from grade of the property line and air discharge from such equipment shall be directed
vertically upward from the discharge outlet. In any event, such equipment shall not discharge
exhaust air across the public sidewalk in any district.
907.5-8. l-served.
907.9. Buildable area, limitatiats on occupancy.
Buildings may only be placed in . any —part—of within the buildable area, -but sub.iect to
limitations on building coverage
907.139. Lbnitations on lots not platted in accordance with current regulations.
Where lands have been or are subdivided or resubdivided, but ownership is described by
metes and bounds without recording a plat in the manner and form required by regulations in
effect at the effective date of this zoning ordinance, such lands may be used in accordance with
the terms of this zoning ordinance provided:
(a) That all necessary public facilities, services, and utilities are available to or
located on (as the case may be) such lands, or an agreement satisfactory to the
city has been made and recorded whereby the deficiencies in necessary public
facilities, services, or utilities will be remedied, or
(b) That a plat of such land be recorded in the manner and form and subject to the
requirements existing in regulations in effect at the time of the recording of such
plat; and,
Sec. 908. Lot measurement.
908.1. Lot width.
The width of a regular lot shall be measured across the rear of the required front yard or
at the base building line, whichever establishes the front of the buildable area on the lot.
908.2. Access.
The lot shall have access to a public street through a portion thereof or through an
approved private street or driveway, which may be an approved access easement. Such portion of
lot or accessway shall be at least twenty (20) feet in width if serving uses requiring nine (9)
or less offstreet parking spaces in combination, twenty-five (25) feet in width if serving uses
requiring ten (10) or more offstreet spaces in combination. In connection with approvals of such
arrangements, which shall be by Class II Special Permit, greater widths for part or all of such
access may be required if found reasonably necessary in relation to combination of access and
other easements or for other reasons, and lesser widths may be permitted for all or part of such
access where preservation of desirable natural or cultural features is involved and such
reduction will not unreasonably impair access or other functions.
908.3. Fbinrment structural projections Fran buildings.
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Eaves, sills, belt courses, cornices, gutters, chimneys, fireplaces, flues, ducts, pipes,
pilasters and the like, and unenclosed balconies, if not otherwise proscribed, may project not
more than three (3) feet into space on or over any required yard or other open space, provided
that no such projection shall exceed half the required width of the yard as established in
district regulations or come within less than three (3) feet of the lot line.
9018.4. Porches and entries.
Porches and entries may project into required yards as indicated below, provided that no
such projection shall intrude upon any required visibility triangle.
908.4.1. Porches and entries, enclosed or unenclosed, in front yw-?s. Porches and
entries, enclosed or unenclosed, may project not more than six (6) feet into
required front yards, provided that enclosed porches and entries, or enclosed
portions of porches and entries shall not exceed twelve (12) feet in width along
the front of the building.
908.4.2. Porches and entries, enclosed or unenclosed, in other yards adjacent to
streets. Porches and entries, enclosed or unenclosed, may project not more than
four (4) feet into yards other than front yards, adjacent to streets, provided that
enclosed porches and entries, or enclosed portions thereof, shall not exceed twelve
(12) feet in width along the side of the building.
908.5. Canopies and awnings.
Canopies and awnings as defined in the South Florida Building Code at sections 4302 and
4402, shall be limited in their location, minimum horizontal and vertical clearances, and use as
provided in sections 4304 and 4404 of said code. In addition, the following limitations and
requirements shall apply:
908.5.1. Ahuable awnings for shade or shelter of doors and tdndaes. Movable awnings
primarily for shade or shelter of doors and windows shall be entirely supported
from the building, and shall not project more than three (3) feet or one-half
(112) the width of the required yard (whichever is least) over any required yard.
908.5.2. Q:nwpies or axunings as pedestrian entry shelters. Shelters intended primarily
for coverage of pedestrian ways leading to streets, sidewalks, or offstreet areas
shall be permitted in required yards, provided that they shall not cover more than
twenty (20) percent of the area of the required yard in which they are located,
that no such shelter shall exceed twelve (12) feet in height, and that no such
canopy or awning shall be screened or enclosed in any manner except by permitted
landscaping. Further restrictions and limitations are as follows:
908.5.2.1. Generally pennitted in other districts. In districts other than R-1
and R-2, and in connection with uses therein, pedestrian entry shelters may
be either movable or permanent, subject to the requirements and
restrictions set forth in the South Florida Building Code and. the
limitations on height, enclosure, and coverage of area of required yards
set forth above, at section 908.5.2.
9018.5.3. CbiWies ouer uehicular areas. In connection with multifamily residential,
hotel, commercial, service, or industrial uses in districts in which permitted,
canopies for shelter of parking, loading, or servicing of vehicles shall be
permitted in required yards to the extent to which such activities are permitted in
required yards subject to the following limitations and requirements and any
further special limitations and requirements established by district regulations or
for particular classes of uses:
(a) No portion of such canopy shall be closer than six (6) feet to any base
building line, as projected vertically; and
(b) No portion of such canopy shall be closer than twenty (20) feet to any lot
line intersecting the street line; and
(c) No portion of such canopy, including supports, shall be within twenty-five
(25) feet of any street intersection, as projected vertically; and
(d) No such canopy, or canopies in combination, shall cover more than twenty (20)
percent of the area of the required yard over which it extends; and
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(e) Such canopy shall remain unenclosed on at least three (3) sides.
906.6. Qxr shelters l i»u tatiovns and requirewas.
The structure shall meet the requirements of the South Florida Building Code but shall be
designed and constructed in a manner which permits disassembly and reassembly. Car shelters are
subject to the following limitations and requirements:
j
! (a) Only one (1) single (one -car capacity), or one (1) double (two -car capacity), or
two (2) single carports will be permitted for a two-family dwelling provided the
lot averages fifty (50) feet in width. Only one (1) single or one (1) double (two -
car capacity) carport will be permitted for a single-family dwelling where the lot
averages fifty (50) feet in width. Only one (1) single (one -car capacity) carport
will be permitted for single or two-family dwellings where the lot averages less
than fifty (50) feet in width. The length dimension of the carport shall be
perpendicular to the street where the average lot width is sixty-five (65) feet or
less. The horizontal dimensions including the supporting framing shall not exceed
nine (9) feet in width and nineteen (19) feet in length for single -car shelters,
nineteen (19) feet in width and nineteen (19) feet in length for double -car
shelters, and shall not exceed eight (8) feet in height. In no instance shall the
permitted lot coverage for all accessory structures be exceeded.
(b) Car shelters may be located in a required front or side yard; however, the roof
structure shall not cantilever more than two (2) feet into the required side or
rear yard.
(c) Such shelters shall remain unenclosed on at least three (3) sides, except for
permitted landscaping, and shall not be used for the storage of any goods or for
any use other than for the shelter of private passenger vehicles. Structures
without the appropriate canvas or aluminum roof coverings shall be promptly
removed.
908.7. Signs in or ouer required yds.
Signs may be erected in or may overhang required yards to the extent permitted in district
regulations, but shall not be so constructed or located as to interfere with visibility triangle
! requirements or create traffic hazards.
(See section 908.11 for visibility triangle
requirements.)
908.8. Fbnces, unlls, and hedges.
{The use of broken glass, projecting nails or spikes, or similar materials on walls is
prohibited in all zoning districts. }
1906.8.1. Fences, ualls, and hedges in or adjacent to residential districts. Fences
and walls may be erected and maintained, and hedges may be grown and maintained in
required yards in residential districts or in required yards adjoining the
boundaries of districts adjacent to residential districts, provided that no such
fence, wall or hedge shall exceed a height of eight (8) feet, as measured from
flood elevation level, other than within required visibility triangles, or a height
i'. of thirty (30) inches within required visibility triangles. Barbed wire fences, or
use of barbed wire along the top of a fence or wall, is prohibited in or adjacent
to residential districts.}
908.8.2. Fences, ualls and hedges other than in 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
j reasonably necessary to the safety, welfare and security of the property and/or its
occupants.
906.9. Mterfrait yards.
(See also Miami City Charter, section 3(4)(b)-) 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:
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(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.
908,10. Lnnitations of drium ys and offstreet parking, and landscaping requireneurts, in
required yards adjacent to streets.
I
908.10.1. D-ivaMs and offstreet parking. Offstreet parking for uses in residential
districts, shall be permitted in required yards adjacent to streets only to the
extent allowable under the following limitations:
(a) Within such yards parking shall be permitted only in portions at least seven
and one-half (7 1/2) feet from street lot lines where parking is
perpendicular to the lot line, and five (5) feet where parking or a driveway
I- is parallel to the street lot line.
(b) Portions of such yards not devoted to offstreet parking shall be maintained
in landscaping (subject to requirements concerning maintenance of visibility
at intersections), pedestrian ways or driveways which are limited to a width
of twenty (20) feet for one and two-family dwellings, and to a width of
twenty-four (24) feet for multifamily dwellings (excluding flares in both
cases). Except as provided below, paved areas in such driveways shall not
exceed forty (40) percent of the total area of the required yard.
No portion of such driveway in a required yard adjacent to a street shall be
within five (5) feet of any side property line except where owners of
adjoining properties provide joint access. (See section 917.9)
9018.10.2. Rhquirewzt for provision of trees in yard. For every 5,000 square feet of
minimam lot area a minimum of repaired one (1) tree shall be provided in -the -yards
908.11. Vision clearance at intersections.
908.11.1. Intent; Tmterial inped#wzt to visibility" construed. It is the intent of
these regulations to provide protection from traffic hazards at intersections for
automotive vehicles and their passengers, and for cyclists and pedestrians,
including small children. in light of this intent, the phrase "material impediment
to visibility," as used here, is to be construed as 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.
908.11.2. In districts in uhich yards are generally required. In any district in
which yards are generally required adjacent to streets, nothing shall be erected,
placed, planted, or allowed to grow in such a manner as to form a material
impediment to visibility between the heights of two and one-half (2 1/2) feet and
ten (10) feet above the street grade level within visibility triangles described
below:
9018.11.2.1. At street intersections. At street intersections, such visibility
triangles shall be maintained to include an area bounded by the first
twenty-five (25) feet along the intersecting edges of the right-of-way (or
base building line) projected where rounded, and a line running across the
lot and connecting the ends of such twenty-five (25) foot lines.
903.11.2.2. At intersections of drivacays with streets. At intersections of
driveways with streets, such visibility triangles shall be maintained to
include an area bounded by the first ten (10) feet along the intersecting
edges of the base building line and the driveway, projected where rounded,
and a line running across any intervening right-of-way and the lot and
connecting the ends of such ten -foot lines.
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1 908.11.3. rn districts in tdtich yards are not generally required. In districts in which
yards are not generally required adjacent to streets, similar limitations on
material impediments to visibility shall apply at street intersections within a
visibility triangle bounded by the first ten (10) feet along the intersecting
edges of the base building line, projected where rounded, and a line running
across the lot and connecting the ends of such ten -foot lines.
908.12. Bus passenger shelters; bus benches; telephone booths; mail and nauspaper boxes.
Bus passenger shelters, bus benches, and telephone booths are permissible by Class I
Special Permit in any required yard adjacent to a street, subject to restrictions set forth at
section 111,11 regarding vision clearance, and further provided that in residential districts and
in cases where other districts adjoin residential districts without an intervening street or
alley, no such facility shall be located within ten (10) feet of any property line (other than
along a street) intersecting the street line.
Except where otherwise specifically authorized by Class II Special Permit in particular
cases or classes of cases, or authorized by direct action of the City Commission, no bus shelter
or bench in any residential district shall bear any signs, temporary or permanent, other than for
identification of location and routing and scheduling of buses. Advertising signs and campaign
signs on such shelters or benches are specifically prohibited unless otherwise authorized. In
districts other than residential, the number, area, and character of such signs shall be as
generally provided by district regulations.
Mail boxes are permitted in any required yard adjacent to a street, placed in accord with
U.S. Postal Service regulations subject to section 908.11 above. Approved newspaper boxes or
other curbside delivery receptacles are permitted in any required yard adjacent to a street. No
mail box, newspaper box, or other curbside delivery receptacle shall extend closer than one foot
to the inner face of any curb. Regulations concerning interferences with underground utilities
(� shall be observed.
i 908.13. Yard uhere district boundaries divide lots.
jWhere district boundaries divide lots in common ownership and it is proposed to build
across such boundaries, omission of yards adjacent to such boundaries may be authorized only by
Class II Special Permit.
908.14. Utenclosed wbuning pools, tennis courts and other active recreational facilities.
The edges of unenclosed swimming pools, whirlpools (and the like), tennis courts, and
other active recreational facilities accessory to residential uses shall be placed no closer than
five (5) feet to property lot lines.
Sec. 909. Minimum dwelling unit size.
I
As defined by this ordinance, and except for purposes of federally subsidized housing,
Minim 'minimum dwelling unit size shall be as follows: efficiency - 400 square feet;-: one; -
bedroom - 550 square feet11 two -bedroom - 650 square feet.
I Sec. 910-913. Reserved.
Sec. 914. Increased development bonus.
1914.1.. Duelling unit, square footage, atd offstreet parking bonuses for contributiat to
affordable housing trust ftatd, exceptions.
An increase of up to twenty-five percent (25%) in number of dwelling units and/or square
footage and/or on -site parking spaces may be approved for parcels located within any zoning
district other than R-1, R-2 and CBD by Major Use Special Permit pursuant to the requirements of
article 17 of this ordinance, upon a finding that such increase would not: (i) cause the
development to be inconsistent with the Neighborhood Plan, or any governing development order
issued for a Development of Regional Impact or any Area -wide Development of Regional Impact, or
any governing Master Plan which has been duly adopted, or any other duly adopted land use
regulation; (ii) cause the actual Levels of Service for recreation and open space, potable water
transmission capacity, sanitary sewer transmission capacity, storm sewer capacity, solid waste
collection capacity, or traffic circulation capacity to fall below the Levels of Service required
for the Planning District under the Neighborhood Plan; or (iii) result in a request for a
159 10863
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variance. In addition, the developer benefiting from such development bonus shall pay, in
addition to all other fees required by ordinances affecting the development at the time of
receipt of the Major Use Special Permit which authorizes such bonus the following fee(s):
For every additional square foot of buildable space and/or every additional square foot
of additional dwelling units, approved as a development bonus, the user shall make a
nonrefundable developer contribution of $6.67 to the Affordable Housing Trust Fund
administered by the City of Miami; and
For every additional square foot of parking space approved as a development bonus, the
user shall make a nonrefundable developer contribution of $3.92 to the Affordable Housing
Trust Fund administered by the City of Miami.}
f914.2 F.A.R, atd offstreet paling bauises for- lots in vicinity of rnetinrail cvd netixnwer;
exceptions.}
(Lots any portion of which are located within a radius of 600 feet of the
Metroraii/Metromover right-of-way shall be permitted a ten 10
) percent allowable
floor area ratio, when consistent with the Miami Comprehensive Neighborhood ePlanase in1989-2000,
and/or a ten (10) percent reduction in required offstreet parking. This provision shall not
apply to existing R-1, R-2, R-3 and Special Districts.}
Sec. 915. Height regulation, generally.
915.1. Abasureixtt of height.
Unless otherwise specified herein, height of buildings shall be measured from the average
sidewalk elevation or the average of the record profile grade elevation of each of the streets
abutting a development, as determined and on file with the City of Miami Public Works Department.
i
915.1.2. Etcluded portions of structcu•es.
j Except as specifically provided herein, the height limitations of this ordinance shall not
I apply to any roof structures for housing elevators, stairways, tanks, ventilating fans, solar
energy collectors, or similar equipment required to operate and maintain the building, (provided
), nor to church
that such structures shall not cover more than twenty (20) percent of roof area
II spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar structures,
which may be erected above the height limit, nor to fire or parapet walls, provided however that
such walls shall not extend more than five (5) feet above the roof.
915.2. Aviation hazards.
No building or other structure (regardless of exclusions set forth at section 915.1,
above) shall be located in a manner or built to a height which constitutes a hazard to aviation
or creates hazards to persons or property by reason of unusual exposure to aviation hazards. In
any area within the city, in addition to height limitations established by this ordinance,
limitations established by the -Miami International Airport Zoning, Metropolitan Dade County,
Florida, or by any ordinance amending or replacing such ordinance, shall apply to heights of
buildings, structures, or natural vegetation.
In addition, when the zoning administrator shall find, in relation to a particular
application, that there is reasonable doubt concerning aviation hazards with regard to a proposed
use or structure, a Class I Special Permit shall be required, with clearance from appropriate
authorities.
t
915.3. Broadcasting tacers and other antennas.
Broadcasting towers and other antenna support structures shall not exceed the height
limitation for the district in which it is located.
Sec. 916. Reserved.
Sec, 917. Offstreet parking requirements, general provisions.
The following general requirements, limitations, and standards shall apply to offstreet
parking:
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917.1. (knenal perfortrutce 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. 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. Parking mmeuuers on public streets or sidecalks prohibited; backing into
alley by Class I LOpecial Pennit; erceptiats. 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,
exceot in R-2 and more restrict9vp zoning districts. Backing into an alley from
offstreet parking spaces in multifamily and non-residential districts shall be
permissible only by Class I Special Permit subject to the requirements of
section 917.3.
917.1.2. Valet parking, gerterally. Offstreet parking facilities maintained with
valet parking only, may be approved by Class I Special Permit for excess parking
only, provided that the minimum offstreet parking requirements of this ordinance
and City of Miami Guides and Standards are satisfied; provided also that an
attendant shall remain on duty during business hours or as long as the principal
building is occupied. Restaurant and hotel offstreet parking facilities maintained
with valet parking only, may be approved by Special Exception for up to fifty (so)
percent of existing offstreet parking spaces provided that the minimum offstreet
parking requirements of this ordinance and "City of Miami Offstreet oarkina Guides
and Standards" are satisfied; provided also that an attendant shall remain on duty
during business hours or as long as the principal building is occupied.
917.2. Parking space standards.
Permanently maintained off-street parking for vehicles shall be provided in connection
with any building or premises used or designed to be used for the purposes set forth in this
article. For the purpose of this article, each parking space shall be a minimum of eight and
one-half (8.5) by eighteen (18) feet. Where parking spaces for the handicapped are to be
provided, they shall be a minimum of eighteen (18) feet long and the width and quantity shall be
in accordance with the South Florida Building Code. Parking stall and aisle dimensions shall
conform to the requirements of the "City of Miami Offstreet parking guides and standards".
917.3. Application of City of Monti CUides and Standards to location., inprouennazt, and
landscaping of offstreet parking facilities.
Location, design, construction, surfacing, drainage, lighting, landscaping, screening, and
maintenance of offstreet parking facilities and access thereto, whether or not such parking
facilities are required by this ordinance, shall be in accordance with the "City of Miami
Offstreet Parking Design Standards and Guidelines".
917.4. Class 14becial Permits required for substantial modification of existing facilities
including ten or nnre spaces.
Where it is proposed to make substantial modification of existing facilities including ten
(10) or more spaces, required or otherwise, a Class I Special Permit shall be required.
("Substantial modification" shall be construed for purposes of this regulation as including
changes in number, location, dimensions, or arrangement of spaces or aisles, entrances or exits,
or character, type, or amount of landscaping.)
917.5.
Pouring requiranents for housing for the elderly, by Class II permi t; I tatians.
Offstreet parking space requirements in connection with housing for the elderly
conforming to the requirements of state and/or federal programs for housing for the
elderly may be allowed by Special--Except-ivn Class II Special Permit only in an amount
not to be less than one (1) parking space per every two (2) dwelling units. The
remaining one-half (1/2) of land area which would otherwise be used for parking shall
be set aside and maintained as open space or utilized for recreational purposes. The
following requirements and limitations shall apply:
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(a) Applicant shall submit written certification from the corresponding state or
federal agency in charge of the program.
(b) Such offstreet parking shall be permitted upon a finding that in view of location
of such housing, the economic status of anticipated occupants, and other pertinent
considerations as specified in the permit there will be adequate offstreet parking
of occupants, visitors, and employees.
i
(c) After such permit shall have been issued, the premises shall not be used other than
as housing for the elderly, subject to the exceptions and limitations set forth in
(a) above, unless and until any parking requirements and all other requirements or
f limitations of this zoning ordinance for the district involved and applying to the
new use shall have been met.
Housing for the elderly, in relation to this regulation, is not to be construed as
homes or institutions for the aged which are primarily convalescent or nursing homes.
917.6. Reduction in palling requirew nts for housing for lav intone farulies and individuals.
Reduction of generally applicable
g y pp offstreet parking requirements in connection with
housing for low income families and individuals may be allowed by Special Exception only to an
amount not less than one-half (1/2) of the spaces generally required. The remaining one-half
(1/2) of land area which would otherwise be used for parking shall be set aside and maintained as
open space or utilized for recreational purposes. The following requirements and limitations
shall apply:
(a) The project shall otherwise conform to the requirements of state and/or federal
programs for this purpose.
(b) The zoning board in its consideration of the application for Special Exception
shall determine and make a finding that the reduction in offstreet parking
requirements is justified in view of the nature and type of prospective occupancy,
the economic circumstances involved, and that traffic and parking problems
resulting from such reduction will not unduly burden traffic facilities in the
neighborhood.
(c) The zoning board shall, as part of its grant of Special Exception, specify that the
city, upon notice and hearing as for Special Exception, may later require that the
one-half (1/2) of land area set aside be converted and devoted to offstreet
parking, if it is demonstrated that traffic and parking conditions together with
impact on the neighborhood require such conversion.
(d) After such permit shall have been issued, the premises shall not be used other than
as low income housing, subject to the exceptions and limitations set forth in (a)
above, unless and until any parking requirements and all other requirements or
limitations of this zoning ordinance for the district involved and applying to the
new use shall have been met.
917.7. Reduction in parleing requirm3 nts for corbinations of resh* ttitd comercial curd
office uses on the sari prenises.
Where res-identle commercial and office uses are combined on the same premises and
proposed parking facilities are so located and designed as to serve both uses conveniently and
with reasonable security, the combined parking requirements may be reduced to 90a of the total
required spaces only by Class II Special Permit.
917.8. aferral of portions of total required parhing Urproverarnts, by Special Exception for
initial period, control of extensions.
By Special Exception, the zoning board may allow deferral of provision of parking spaces,
construction, surfacing, drainage, marking, and other improvements incidental to preparation for
actual use of portions of required parking, upon findings that such portions are not reasonably
likely to be required because of the type of occupancy of the premises, the character of the
neighborhood, joint use of facilities by uses with differing peaks of parking demands, or for
other reasons assuring that deferral of such improvements will not result in parking shortages on
the premises, or increase on street parking demands in the vicinity.
Exceot where narking is provided in a structure such as a oarkina garage areas on the
lot on which parking improvement reauirements are deferred by special permits shall -be imRroved
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and maintaineas green snace until imorovad reouired for offstreet a�kina No s�rh area
shall be included as meeting cart of any r nuiremnn+c rnnhGrninn Amnitnt of orepn cnAro tie
provided on the lot, since deferral et imnrovements is no intended r of offer tob
Barkina reauir ments
917.8.1. Ikferral period, revocation of pemut; notice of revocation. Such deferral
may be for a specified period of not less than one (1) nor more than five (5) years
without provision for renewal except upon application for a new Special Exception
permit, or for such specified initial period with provision for renewal for not
less than one (1) nor more than five (5) years as set forth in section 917.8.2.,
below.
All such permits shall be revocable, in whole or in part, and the conditions and
safeguards attached thereto may be changed by the zoning board, after consultation
with the permit holder or his duly authorized agent, upon findings based upon
evidence that continued deferral of required improvements for all or part of the
spaces involved is no longer justified, or that changes in conditions and
safeguards are required. Such permits shall contain notice of these provisions
concerning revocation or changes in conditions or safeguards.
Prior to any consideration of revocation, the zoning board shall give notice to the
permit holder, but in the event of his failure to appear in person or by agent at
the meeting at which the matter is acted upon, the board may proceed in the matter.
Revocation of any such permit in whole or in part, or changes in conditions and
safeguards, shall be made effective within less than thirty (30) days after the
determination of the board, but the board may establish a longer period where it
finds there is adequate justification.
917.8.2. hctensions of deferral periods; alternate methods. Extension of deferral
periods may be applied for in the same manner as in the original special permit.
Only one such extension may be issued by the zoning board.
917.8.2.1. wplications for renawl of pemuts; effect of failure to apply.
Not less than ninety (90) days prior to expiration of renewable deferrals,
permit holders seeking renewal shall apply for extension to such deferral.
917.8.2.2. Actions by Planning, Building and Zoning Ltparbr mt. The Di rector
of the Department of Planning, Building and Zoning shall investigate the
current situation, and based upon findings and developments foreseen as
probable proceed to recommend on the application.
917.8.2.3. Actions by zoning board uhere required. Where actions by the
zoning board under Special Exception permit procedures are required under the
terms of the original permit on further deferrals, it shall consider the
recommendations of the Director of the Department of Planning, Building and
Zoning and any further information material to the case, and take such action
on further deferral as it deems justified. Actions to be taken and time
limits established in relation to denials of further long term extensions and
granting of temporary extensions shall be as provided in the case of Special
Exception permits.
Pe-111h, as provided above, shaii be improved and maintained as gieen-spvcie—arriv"
meeting part 10 F -7emy--rvq a i , einei 1:,!�, e 111119 antowit oF green space to be piovided--on
917.9. Joint pcuftig facilities for contiguous uses, �*ecial &ception required.
Where uses on adjoining lots propose to combine parking facilities, including accessways,.
such joint offstreet parking facilities shall require a Special Exception permit. Except where
number of spaces has been reduced, or improvement requirements deferred under the terms of
sections 917.5 through 917.8, the total number of offstreet spaces provided and improved as
required by these regulations shall not be less than the sum of those required by the individual
uses.
Such permits shall be issued only upon findings that:
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(a) The lots proposed in the combination form a logical pattern in relation to the
Joint parking facility and the uses proposed to be served; and are located in non-
residential districts.
(b) Design and improvement of the combined parking facilities, if involving divided
ownership or control, would meet the standards and requirements applying if under
unified ownership and control.
(c) Spaces provided are so located within the complex as to be conveniently accessible
to all of the uses they are intended to serve.
Any such permit shall require, among other conditions and safeguards, that if there are
changes in use which increase total parking requirements, such added spaces shall be provided
subject to approval under a new Special Exception permit.
i
917.10. Required offstreet parking; restrictions on lease or rent, designation of parking
areas.
Required offstreet parking for residential uses shall not be leased or rented to residents
or visitors to the premises for whom such parking is required. Offstreet parking spaces may be
sold to the buyer of a condominium unit. Parking for non-residential property, subject to
issuance of any special permit or variance shall be reviewed specifically for parking
requirements in addition to the standards established in section 1305 of this ordinance.
Assigned and visitor parking areas for residential uses shall be designated.
917.11. Calculation of parking requirements related to nwber of seats.
Where parking requirements relate to number of seats and seating is in the form of
undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to
one (1) seat. Where parking requirements relate to movable seating in auditoriums and other
assembly rooms, ten (10) square feet of net floor area shall be construed to be equal to one (1).
seat except where otherwise specified. Net floor area shall be the actual area occupied by
seating and related aisles, and shall not include accessory unoccupied areas or the thickness of
walls.
917.12. Limitations of use of offstreet parking and. loading areas; restrictions on stodge of
vehicles not in operating condition.
No required offstreet parking or loading area shall be used for the sale, major repair, or
dismantling of any vehicle or equipment, or for storage of materials or supplies, and no other
area on a lot shall be used for such purposes unless permitted under regulations applying within
the district. No vehicle not in operating condition shall occupy unenclosed parking space or any
loading space on any lot for more than seventy-two (72) hours, except as permitted under
regulations applying to the permitted principal use within the district.
i
917.13. Reduction of required offstreet pinking or offstreet loading space prold bited.
No offstreet parking or offstreet loading space now existing or hereafter provided which
meets all or part of the requirements of this zoning ordinance for such space shall be reduced or
eliminated by private action, or unless no longer required by these regulations, except where
approved alternative offstreet parking or offstreet loading space meeting such requirements is
provided.
Sec. 918. Offsite parking.
It is the general intent of these regulations that required offstreet parking be provided
on the same lot with the principal use or structure it serves, except as otherwise specifically
authorized. Offsite parking shall be permitted only by Special Exception and only for non-
residential uses and up to 25% of the required number of spaces and as authorized by the
provisions of this section in districts more or equally permissive as where the principal use to
be served is located, or as otherwise specifically permitted under the terms of this zoning
ordinance, and in any event only where there are practical difficulties or unnecessary hardships
involved in providing required parking on the site.
918.1. Mrxinnan distance Lind tations.
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Unless otherwise specifically provided for the followimv types of perkimg facil4tie in
special districts, the maximum distance from a principal entrance of any parking facility
permitted to provide required or excess offsite parking to the principal entrance of the use
served shall not exceed six hundred (600) feet, with distance measured by normal pedestrian
routes:
(a) Self-service parking for visitors, clients, or customers of the principal use.
(b) Self-service parking for officers or employees of the principal use, reserved for
and used only by such officers or employees.
(c) Facilities approved for and maintained with attendant parking only.
918.2. Reserved.
918.3. Offsite parking uhere governneratal action elirrunates prior or provides nav offstreet
parking; Special &ception penni t required with City Cbmrission approval.
Where governmental land acquisition or construction programs eliminate areas previously
used for offstreet parking (required or other), or make such areas inaccessible to uses
previously served, offsite parking may be allowed by Special Exception permit with Citv
Commission approval even though such parking is not to be on adjoining or abutting lots.
Through governmental action, offsite (but not required) parking may be allowed within
elevated expressway right-of-way including I-95, I-195, I-395, SR-836, SR-112 and the
Rickenbacker Causeway Flyover by Special Exception permit with City Commission approval.
918.4. Reserved.
918.5. Prouisions for continuance or• replacerwit of required offsite parking.
918.5.1. Cbntinucatce required; reoonded agreemtt. Where required offstreet parking
space is to be permitted to locate offsite, no such permit shall become effective,
and no use dependent upon such parking shall begin or continue, unless and until an
agreement approved in form by the department of law shall have been filed with the
zoning administrator and recorded with the clerk of the circuit court of Dade
County, Florida. The agreement shall state that any offsite required parking so
permitted will not be alienated from the use for which it is required unless other
approved arrangements are made to provide such parking. The agreement shall also
state, and it is hereby provided, that in the event of alienation of such required
parking from the use which requires it, the use for which it was originally
I rovided shall cease or be diminished to the extent required to reduce parking
requirements to parking availability, unless other approved arrangements are made.
Where such agreements are in effect, no use shall be made of the parking facility
or portion thereof involved in such agreement except for the purposes, and to
accommodate the parking, indicated therein.
918.5.2. Replacerratt of required offstreet parking; areruled agrecriunt. Where
required offstreet parking has been permitted to locate offsite, the number of
spaces thus provided may be reduced in amount equal to the number of any onsite
spaces added, or the number of other offsite spaces added in other locations under
Class I Special Permit.
in such cases, any agreements which have been recorded as provided in section
918.5.1, above, shall be amended and rerecorded in such a manner as to reflect any
change in limitations on use of the land or facilities previously used for such
offsite parking.
Sec. 919. Limitations on parking garages as principal use.
The floor area of a parking garage, when it is a principal use, shall not exceed the floor area
limitations established for nonresidential uses within the district. Where there are incidental
principal uses within such parking garages, the floor area of such uses shall not exceed twenty
(20) percent of the floor area of the parking garage.
Sec. 920. Parking and/or storage of certain vehicles prohibited or limited in specified
districts; limitations on occupancy.
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920.1. Afti le hairs parking, store and ocagxmcy; 1 inni ta.tions and exceptions.
The outside parking or storage, and/or occupancy of any mobile homes in any district is
hereby prohibited except at duly authorized sales lots; establishments for servicing,
maintenance, or repair; mobile home manufacturing plants; storage yards; or mobile home
developments for which valid permits are in effect.
These provisions shall not be construed as prohibiting:
(a) Parking of mobile homes for not to exceed four (4) hours in locations otherwise
legal, incidental to transit;
(b) Storage of mobile homes within completely enclosed buildings in districts in which
such storage facilities are permitted;
(c) Parking or storage of mobile homes authorized by governmental agencies for use for
educational, health, security, communication, emergency housing, or similar
purposes;
(d) Parking of mobile homes, trailers or manufactured homes for a maximum of one (1)
year with the option to request one (1) extension for an additional one (1) year,
when authorized by Class I Special Permit as temporary offices or for other
purposes;
(e) Parking of mobile homes, trailers or manufactured homes, when authorized for
security or other purposes in connection with land development or construction.
920.1.1. Limitations on location of mobile hones not in a condition for occcgxmay.
No mobile home not in a condition for occupancy (aside from the necessity for
connection to utilities and incidental setting -up operations) shall be parked or
stored outdoors except at an authorized mobile home manufacturing plant, or
establishment for servicing, maintenance, or repair while such operations are being
diligently pursued.
920.1.2. Limitations on occWwicy of nimbile hones. Occupancy of any mobile home is
hereby prohibited except:
(a) In a mobile home development for which a valid permit is in effect;
(b) When authorized by governmental agencies for use for educational, health,
security, communication, emergency housing, or similar purposes;
(c) Or when authorized for use as temporary office in connection with land
development or construction.
Other than when authorized for use as temporary office in connection with land
development, construction or other purposes, such parking of mobile homes, trailers
or manufactured homes shall be allowed for a maximum of one (1) year with the
option to request one (1) extension for an additional one (1) year
920.2. lbfijor recreational equiprezt; parking storage and occtq mcy; I nni ta.tio ns and
exceptions.
920.2.1. aserved.
920.2.2. Pw*ing or storage of nujor recreational equipment as accessory use in
residential districts. Parking or storage of major recreational equipment shall be
permitted as an accessory use in residential districts only in accordance with the
following limitations:
(a) Such equipment shall be parked or stored behind the nearest portion of any
building to the street, provided that parking shall be permitted anywhere on
the premises or on adjacent streets or alleys (if otherwise lawful) for not
to exceed twelve (12) hours during loading and unloading;
(b) In any required side yard not adjacent to a street but no such equipment may
be parked or stored if it exceeds a height of six (6) feet above the ground;
provided, however, that masts, antennas, vent stacks, windshields, or other
minor accessories may exceed this height limit;
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0
(c) Equipment exceeding the limitations set forth in (b), above, may be parked
outdoors only in portions of side yards within the buildable area of the lot,
or in rear yards;
(d) Unless such equipment is in usable condition and carries all required
licenses and inspection stickers, such equipment shall not be parked or
stored other than in completely enclosed buildings.
These provisions shall not be construed as prohibiting the docking of boats, or
storage in boathouses, in legally authorized locations in residential districts.
920.2.3. Lnttitation wt occ cgXrtcy of mxjor recreational egzdpmIt. Major recreational
equipment parked or stored on a residential lot or any street adjacent thereto, in any other location where such use is not authorized, or
shall not be used for
living, sleeping, housekeeping, or business purposes.
These provisions shall not be construed as prohibiting otherwise lawful;
(a) Use of boats at boat docks,
(b) Use of major recreational equipment,
(c) Occupancy of major recreational equipment when authorized by governmental
agencies for use for educational, health, security, communication, emergency
housing, or similar purposes, or
(d) Use or occupancy authorized for temporary office or for security
purposes in
connection with land development, construction, or other purposes,
j
Other than when authorized for use as temporary office in connection with land
Idevelopment, construction or other purposes, such
equipment shall be allowed for a maximum of one 1 parking of major recreational_
( ) year with the option to request
one (1) extension for an additional one (1) year
•3. Rwhing or storage of specified trucks, buses, trailers or senitrailers prohibited
accessory use in residential districts, or in p ted as
districts. parleing facilities in residential
IParking or storage of commercial trucks,
for
freight, luggage or the like; or sign trailers bshal�l notusesorvabe, permitted in trailers ors nytrailers residential
district, or in any parking facilities authorized in any residential district.
920.4. Parleing or storage of construction equipnmt prohibiter) in residential districts.
j: Except in connection with authorized active continuing construction on the premises
construction equipment such as earth moving machines, excavators, cranes, and the like
be parked or stored in any residential district. shall not
Seca 921. Reserved.
i
Sec. 922. Offstreet loading requirements, general provisions.
loading: The following general requirements, limitations, and standards shall apply to offstreet
f922.1. Gbneral perfoinwice standards for mtd intent concerning offstreet loading facilities.
Offstreet loading facilities shall be so located, designated, improved, constructed, and
maintained as to provide safe and convenient access to and from
minimal interference with normal pedestrian flows or with movementoruparking of blic alleys,
vehicles
on the premises, and minimal interference of traffic movement off the premises. To assure these
objectives, loading areas and maneuvering room is required to be placed on site, (exception
provided in section 922.4(c)), and in locations separated from pedestrian areas, and appropriate
Physical barriers may be required, such as fences, hedges, land dividers, or other means for
separation of loading areas from parking areas and pedestrian traffic.
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922.2. .�Vlicatjon of City of A4MV Ojides ale Standards to location, design, inprrwenent,
and landscaping of offstreet loading facilities.
Location, design, construction, surfacing, drainage, lighting, landscaping, screening, and
maintenance of offstreet loading facilities for trucks and trailers, and access thereto, whether
or not such offstreet loading facilities are required by these regulations, shall be in
accordance with the "City of Miami Offstreet parkin a Guides and Standards".
922.3. Lb»utations on use of rewired offstreet loading stalls.
Required offstreet loading stalls shall be reserved for such purpose, and shall not be
used for parking, required or other, of vehicles other than those in the process of loading or
unloading nor any other use such as garbage bins. (See also section 917.12, "Limitation on use of
offstreet parking and loading areas, restrictions on storage of vehicles not in operating
condition.)
922.4. ,Special pemuts required for proposed offstreet loading facilities or for substantial
nudification of existing facilities.
A Class I Special Permit shall be required for actions described below involving offstreet
loading space for trucks and trailers:
(a) For proposed offstreet loading spaces for trucks and trailers, or for substantial
modification of existing facilities. ("Substantial modification" shall be
construed for purposes of this regulation as including changes in number, location,
dimensions, clearance, or arrangement of loading spaces, access routes or
maneuvering areas, entrances or exits, or in character, type, or amount of
landscaping.)
(b) Where existing offstreet loading facilities for trucks or trailers are
nonconforming under the requirements of these regulations or any standards of the
City of Miami relating thereto, no modifications may be permitted which increase
the degree of nonconformity, and the permit may require as conditions or safeguards
such lessening of the degree of nonconformity as is reasonably in the circumstances
of the case.
(c) By Class I Special Permit with mandatory referral to the Public Works Director, the
zoning administrator may approve maneuvering of trucks on public right of ways.
Where such special permits are required, no use shall be made of the offstreet loading
facility or of the principal use to which such facility is accessory except in accordance with
the terms thereof.
922.5. Reduction in offstreet truck and trailer loading requiremmzts uhere rail, nzrrine, or
air freight services are directly available; by S)necial Exception.
Where rail, marine, or air freight services are directly available at the site of a use,
or are so located that trucking on public streets is not required in moving materials to or from
the site, requirements for offstreet truck and trailer loading spaces may be reduced
correspondingly by Special Exception, but in no case shall the reduction be more than one-half
(1/2) of full requirements.
Any such Special Exception granted shall specify that in the event of change in manner of
operation or cessation of alternative freight service, required spaces shall be provided or that
the use shall cease or be diminished to the extent required to reduce offstreet loading
requirements to equal availability of such spaces.
922.6. aferral of portions of total required offstreet loading inprovewits; by 4)ecial
Exception for initial periods; control of extension.
By Special Exception, the zoning board may allow deferral of construction, surfacing,
drainage, marking, and other improvements incidental to preparation for actual use of portions of
required offstreet loading spaces, upon findings that such portions are not reasonably likely to
be used because of the type of occupancy of the premises, joint use of facilities by uses with
differing peaks of loading demand, or for other reasons assuring that deferral of such
improvements will not result in shortages of offstreet loading space on the premises, or lead to
use of public streets for loading and unloading.
Provisions concerning deferral periods, notice of revocation, and extensions shall be as
set out in relation to offstreet parking in section 917.8.
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{ 922.7. Mintenance and use of areas at ndtich offstreet loading i7Provenmts are deferred.
ter pt when orovidina loading space in a structure such as a parking garage ftreas on
the lot on which offstreet loading improvements are deferred by Special Exception shall be
improved and maintained as excess open space or as excess offstreet parking space. No such area
shall be included as meeting part of any requirements concerning amount of open space or parking
space to be provided on the lot, since deferral of improvements is not intended as a waiver of
offstreet loading requirements.
922.8. Joint loading facilities for contiguous uses, Class II 4ecial Permit required,
Where uses on adjoining lots propose to combine offstreet loading facilities for trucks
and trailers, including accessways, such joint offstreet loading facilities shall require a Class
II Special Permit. Except where number of offstreet loading spaces has been reduced, or
improvement requirements deferred under the terms of sections 922.5 or 922.6, the total number of
offstreet spaces provided and improved as required by these regulations shall not be less than
the sum of those required by the individual uses.
Findings required, and limitations established, with regard to combined offstreet loading
facilities, shall be as provided in section 917.9, "Joint parking facilities for contiguous uses,
Class II permit required."
Sec. 923. Offstreet loading, detailed requirements.
{
923.1. Reserved.
923.2. Duronsions of stalls or berths, generally.
For purposes of these regulations, two (2) sets of minimum dimensions are established for
I required offstreet loading stalls or berths, twelve (12) by thirty-five (35) feet, and twelve
(12) by fifty-five (55) feet. Vertical clearance above such stalls and accessways leading
thereto shall be a minimum of fifteen (15) feet.
` 923.2.1. Peduction in stall dbrensiorns by Class II 4ecial Fenn t; l imi tat ions on
reductions. Reduction in above dimensions of required stalls shall be only by
Class II Special Permit. No such permit shall be issued except upon findings:
(a) That the manner of operation proposed is such that stalls of the dimensions
generally required are unnecessary because, among other matters, the size,
character, and operation of the use will not normally involve service by
motor vehicles requiring the dimensions of an offstreet space specified by
section 923.2; and
(b) That the uses involved are likely to continue or to be succeeded by others
for which the same stall dimensions will be adequate, or that any additional
loading space necessary could be provided in a logical location without
creating violations of other requirements of these regulations.
923.2.2. Cbnditions of permit; provisions concerning revocation. Such permit shall be
conditioned upon continuation of the manner of operation indicated in the
application and may be revoked after thirty (30) days' notice to allow compliance
with requirements generally applicable or application for a new Class II Special
Permit reflecting current manner of operation. Failure to conform or to apply
following such notice and within the limit set shall be deemed violation of this
ordinance.
923.3. Projection of velicles being loaded or unloaded into public streets or alleys
prohibited.
No vehicle being loaded or unloaded in any such berth shall project into any public
walkway, street, or alley.
923.4. 11Errfier of stalls required.
Except as modified under the terms of other provisions of these regulations, offstreet
loading stalls and related offstreet loading facilities shall be provided and maintained as
indicated in the schedule of district regulations and below, which indicates the number of square
feet of gross floor area (in thousands) requiring a first stall or berth and incremental berths.
f`
169 10863
k
Offstreet Loading Requirements:
For buildings in excess of 25,000 square feet and up to 500,000 square feet of gross
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet:
First berth for gross building area up to 50,000 gross square feet;
Second berth for gross building area of 50,000 up to 100,000 gross square feet;
Third berth for gross building area of 100,000 up to 250,000 gross square feet;
Fourth berth for gross building area of 250,000 up to 500,000 gross square feet;
For buildings with square footage in excess of 500,000 square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet:
In addition to the requirements set forth above, there shall be one berth for every
500,000 gross square feet of building area.
By Class I Special Permit one (1) larger (660 square feet) loading space may be replaced by
two (2) of the smaller (420 square feet) loading spaces as dictated by needs of the
individual project.
Sec. 924. Piers, docks, wharves, dockage, boat houses, and boat slips.
The following regulations shall apply to piers, docks, wharves, dockage, boat houses and
boat slips, and uses and occupancies accessory or incidental thereto, in addition to those set
out in the schedule of district regulations and other lawful regulations applying generally.
924.1. As accessory uses in residential districts.
Boathouses, boat slips, dockage space, and facilities for mooring private pleasure craft
vessels or official or scientific vessels, but not commercial vessels, shall be permitted as an
accessory use to any use generally permitted or permissible by special permit in any residential
district on any waterway on which navigation by such craft is permitted, subject to the following
requirements and restrictions.
924.1.1. Boat houses and boat slips accessory to residential uses, generally. Except
as permitted by Special Exception in connection with lots exceeding one (1) acre in
net area (as provided at section 924.1.2, below), the following limitations shall
apply to boathouses and boat slips accessory to residential uses in residential
districts:
924.1.1.1. hl?ight of boathouses. No boat house shall be erected or altered to
exceed a height of fifteen (15) feet.
924.1.1.2. Location of boathouses and boat slips in relation to established
uatencay or bulkhead lines; adjacezt lot lines entering or approaching
uateruays; ,*ecial Flxception peind t for faci l i ties extending across such lot
lines. No boathouse or slip shall be built beyond the established bulkhead
or waterway line, or closer than ten (10) feet to any lot line separating the
lot from an adjacent lot in a residential district; provided, however, that
upon application by owners of adjoining properties, boathouses and slips may
be authorized by Class II Special Permit to extend across only one (1) lot
line.
924.1.1.3. Length and width of boathouses; limitations on waterfront yeuzl,
coverage by all accessory buildings in such yvixls. No such boathouse shall
exceed twenty (20) feet in width or forty (40) feet in depth. Boathouses,
slips, and/or other accessory buildings shall not occupy more than thirty-
five (35) percent of the waterfront yard, provided that where such coverage
would result in exceeding permitted total lot coverage by all buildings, it
shall be reduced accordingly.
924.1.2. Boat houses and boat slips accessory to residential uses on lots exceeding
one acre in net area; *ecial Deception on height, length, ad width. The zoning
board may, by Special Exception, authorize greater heights for boat houses, and
greater lengths and widths for boat houses and slips, than set out above as
applying generally, where such uses are proposed as accessory to residential uses
on lots exceeding one (1) acre in net area. In such cases, the board may require
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170
greater separation from adjoining properties than is generally required, and
establish such other conditions and safeguards as are necessary to assure that the
potential adverse effects of such accessory uses are no greater than would be the
case under regulations generally applying on smaller lots.
924.1.3. Lindtations on location and erte lion of docks and
piers
districts; lindtations on location trod character of vessels docked or nuo�ttIn
{ residential districts, and on portions of property adjoining such district
I docks or piers, including mooring piles, catwalks, and other appurtenances, shall
be constructed closer than ten (10) feet to property lines extending into waterways
(or as extended into such waterways). Only private pleasure craft shall be docked
or moored at such facilities, and no portion of such craft shall be locat
than five (5) feet to such property lines. ed closer
As an exception to the limitations ab
ove, upon application by owners of adjoining
properties, docks and piers extending across not to exceed one (1) lot line may be
authorized by Special Exception permit. Where such authorization exists,
limitations on docking and mooring of craft shall be construed as applying to a
combined parcel.
Where such docks or piers are permitted to extend beyond thirty-five (35) feet into
waterways by Special Exception (see section 924.11), separation from property lines
extending (or as extended) into such waterways shall be increased above the minimum
ten (10) feet an additional one (1) foot for each two and one-half (2 1/2) feet of
extensions beyond thirty-five (35) feet.
924.1.3.1.ybecial Lind tations concerning nudi fication of separation
Ij XL5 district. In connection with extension of docks opierscbeyond thirty-
five (35) feet into Biscayne Bay, separation of such structures from property
extending (or as extended into the bay) may be modified or set aside (except
as limited below) only if a public benefit in the form of public access is
provided. Improvements qualifying for such modification or setting aside of
separation, and conditions relating to such improvements are as follows:
" (a) Baywalks, boardwalks and riverwalks approximately
' PP y parallel to the existing
seawall, mean high water line or ordinary high water line; or
' (b) Piers or boardwalks
(without vessel moorings) but only if adjacent to a
public right-of-way or public right-of-way extended; or
(c) All other docks or piers or accompanying structures (with or without vessel
mooring), however, these structures must maintain the minimum ten (10) foot
setback in all cases.
The board shall assure that adjacent properties and the public obtain
reasonable water access. All access documents shall be acceptable to the law
" department as to legal form and sufficiency.
924.1.4. Lindtations on facilities and uses related to docle
in residential districts. In connection with dockage ormoorage ��of�vesself
sUinsels all
residential districts, a set of davits of up to three -ton capacity, a private boat
ramp, and minor maintenance of vessels with tools requiring no more than one
horsepower shall be permitted. Prohibited are commercial vessels, commercial boat
ramps, commercial hauling, and commercial uses, except rental dockage if permitted
in the district. Sales of marine fuel and supplies shall be prohibited except as
specifically permitted in the district.
No pleasure craft or houseboats shall be occupied as an accessory use as dwellings
p or lodgings in any canal on which adjacent properties are zoned R-l-or t r R--".
924.2-9. Reserved.
924,10. &tensions of docks and piers into uateuays generally.
f y
( _ In all districts, projections of docks or piers, including mooring } piles, other appurtenances, into waterways beyond the existing seawall, or mean high water tline sif and
bulkhead line exists, shall be limited as follows:
(a) Inland waterways or canals: Ten (10) feet where waterway or canal is one hundred
(100) feet or more in width; ten (10) percent of width of waterway or canal if
width is less than one hundred (100) feet.
171 10863
1 (b) Biscayne Bay: Thirty-five (35) feet.
924.11. Rdensions of docles into uatenta or acnrals or Bisoa3ne may; nal E�
4iec' tvt ions.
By Special Exception, the zoning board may permit extensions of docks and piers into
waterways or canals for greater distances than set forth above, provided that no dock or pier,
including mooring piles, catwalks, and other appurtenances, shall extend into an inland waterway
or canal for more than ten (10) percent of its width or into Biscayne Bay more than six hundred
(600) feet, or to within one hundred twenty-five (125) feet of any existing intracoastal
navigation canal, whichever is less, and further provided that neither Special Exceptions nor
variances in this class of cases shall be granted in R-1 and R-2 districts.
In connection with Special Exceptions under this section, applications shall include site
plans showing lot lines and uses of the property and adjacent properties; and location,
dimensions, and structural character of existing and proposed docks and piers and number and
arrangement of berths; depth of bay or canal around the proposed dock or pier including mooring
piles, catwalks, and other appurtenances, and distance from dock or pier to any existing
intracoastal navigation canal and/or the width of any inland waterway or canal.
Particular considerations regarding such Special Exceptions, and conditions and safeguards
to be attached thereto, shall include size, location, design, and extent of existing and proposed
dock or pier facilities in relation to the use and enjoyment of nearby properties, the effect on
the inland waterway or the bay, the effect on navigation and boat traffic, and appearance.
Sec. 925. Signs, generally.
The following requirements and limitations shall apply with regard to signs, in addition
to provisions appearing elsewhere in the text of these regulations or in the schedule of district
regulations. No variance from these provisions is permitted.
925.1. &served.
925.2. Permits required for signs except those exempted, applications.
Except for classes of signs exempted from permit requirements of section 925.3, all signs
shall require permits. Applications for such permits shall be made separately or in combination
with applications for other permits, as appropriate to the circumstances of the case, on forms
provided by the administrative official, and shall be accompanied by such information as is
reasonably required to make necessary determinations in the case.
925.2.1. Pennit identification required to be on sign. Any sign requiring a permit or
permits shall be clearly marked with the permit number or numbers and the name of
the person or firm placing the sign on the premises.
925.3. Classes of signs and activities in relation to signs exempted fron pennit
requiremments; other lbmmitations, regulations, and requiremnrnts remzain applicable.
The following classes of signs or activities in connection with signs are exempted from
permit requirements, but other limitations, regulations, and requirements concerning such signs
or activities remain applicable except as otherwise provided:
925.3.1. Signs erected by or on order of govermoital jurisdictions. Sign permits
are not required for official signs erected by or on order of governmental
jurisdictions, notwithstanding any limitations set out in these regulations.
925.3.2. Mtional flags and flags of political subdivisions. Sign permits are not
required for display of national flags or flags of political subdivisions.
925.3.3. acorative flags, bunting, and other decorations on special occasions. No
sign permit shall be required for display of decorative flags, bunting, and other
decorations related to official holidays, or for celebrations, conventions, or
commemorations when authorized by the City Commission for a specified period of
time.
925.3.4. $y Olic flags, award flags, house flags. No sign permit shall be required
for display of symbolic, award, or house flags, limited in number to one (1) for
each institution or establishment for the first fifty (50) feet or less of street
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172
frontage and one (1) for each fifty -foot increment of lot line adjacent to a
street.
925.3.5. Address, notice, and directional signs, uarning signs. No sign permit shall
be required for address, notice, and directional signs or warning signs except as
otherwise required in this ordinance.
925.3.6. Signs on velicles exempted genet -ally; pen i t required for sign vehicles. No
sign permit shall be required for display of signs on automobiles, trucks, buses,
trailers, or other vehicles when used for normal purposes of transportation. Signs
displayed on sign vehicles, shall require a sign permit, except for temporary
political or civic campaign signs on vehicles.
925.3.7. Peal estate signs. No sign permit shall be required for real estate signs,
provided that the number and area of such signs shall not exceed maximums
established for the district in which located, and district regulations shall be
controlling as regards location on premises.
925.3.8. Construction signs; development signs when cvnbined with constructiaz signs:
develcynmt signs, Class I *ecial Plennit, zdzen 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. aserued.
925.3.10. 07m i ty or neighborhood bulletin boarrls, hioslzs; Class I p" ecial Fermi t
required for establishrEnt, 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.
Subject to approval by the officer or agent designated by the city manager, such
signs may be erected on public property. Conditions of such Class I Special Permit
shall include assignment of responsibility for erection and/or maintenance, and
provision for removal if not properly maintained.
No such community or neighborhood bulletin board or kiosks shall be used in the
conduct of the outdoor advertising business or for the display of outdoor
advertising signs nor for the posting of general or continued advertising by
commercial or service establishment.
925.3.11. 71rporary civic campaign signs. No sign permit shall be required for
temporary civic campaign signs displayed on private property, in nonresidential
districts, not exceeding fifteen (15) square feet in sign surface area, and used in
connection with civic non-commercial health, safety, or welfare campaigns, provided
that all such signs shall exhibit the date of the conclusion of the campaign and
shall be removed within three (3) days thereafter. Outdoor advertising signs where
otherwise permitted by terms of this ordinance are excluded from the terms of this
subsection.
925.3.12. 7&Zporary political campaign signs. No sign permit shall be required for
temporary political campaign signs displayed on private property and used in
connection with local, state and national political campaigns, subject to the
following exceptions, limitations and responsibilities;
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173
(a) Outdoor advertising signs, where otherwise permitted by terms of this
ordinance, are excluded from this section.
(b) In residential zoning districts, the maximum size of such signs shall be
limited to four (4) square feet per sign face there shall be no more than two
(2) signs faces per site.
i (c) The maximum height of such signs shall be limited to four (4) feet from grade
to the top of signs.
(d) Except for (a) above, the height and area of such signs shall be limited to
the height, and one-half (1/2) the area of offsite signs permitted.
(e) Vision clearance areas shall be maintained at street corners and driveways
(see section 926.8).
(f) All signs must conform to the requirements of chapter 42 of the South Florida
Building Code as may, be amended, except for painted wall signs and paper
signs in windows. Portable signs, except for sign vehicles, herein defined
as "signs not secured to the ground in accordance with chapter 42 of the
South Florida Building Code, as may be amended," shall not be allowed.
(g) Sign vehicles with temporary political campaign signs may be parked on
private property in commercial and industrial districts for a period not to
exceed sixteen (16) hours per day. No such sign vehicle shall be parked on
private property in residential districts. No sign vehicles shall be parked
closer than ten (10) feet from the base building line. Signs on a sign
vehicle shall not be illuminated.
(h) Signs shall not be installed in any zoning district until the subject
candidate has qualified for a particular election; signs ihzll be removed
within three (3) days after the conclusion of the particular election.
(i) A candidate and/or property owner and/or tenant is responsible for any hazard
to the general public which is caused by, or created by reason of, the
installation and/or maintenance of, temporary political campaign signs and
also are responsible for prompt removal of such signs (see (h), above).
925.3.13. 1`ii3roval. Any political or civic sign not posted in accordance with the
provisions of this article and any such sign which exists in violation of this
article shall be deemed to be a public nuisance and shall be subject to removal by
the candidate, property owner, or when a proposition is involved, the person
advocating the vote described on the sign.
925.3.14. Cbrnerstones, nawrials, or tablets. No sign permit is required for
cornerstones, memorials, or tablets when part of any masonry surface or constructed
of bronze or other incombustible and durable material and used to indicate, without
advertising matter, such information as identification and date of construction of
buildings, persons present at dedication or involved in development or
construction, or significant historical events relating to the premises or
development.
925.3.15. Cie-bside delivery receptacles; general approval required, sign pennit for
individual delivery receptacles not required, lbnitations on location. No sign
permit shall be required for erection of curbside delivery receptacles for U.S.
mail which have been approved for use by postal authorities. ' Where curbside
delivery receptacles are intended for general use for other purposes (as for
example in the case of newspaper deliveries) a Class I permit with mandatory
referral to Public Works department shall be required for general approval of the
design of any such receptacles as are proposed for use in residential districts,
and for the color and wording to be used thereon. Following general approval,
based on findings that the design, color, and wording of the proposed receptacle is
appropriate in residential environments, sign permits for erection of individual
delivery receptacles of this kind are not required.
No such curbside delivery receptacle shall extend closer than sixteen (16) inches
to the outer edge of the curb, or in the absence of the curb, to the right-of-way
line of any street.
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174
925.3.16. Signs on bus shelters, benches, trash receptacles, and the line. Where bus
shelters, benches, trash receptacles, or other structures or devices for promotion
of public comfort, convenience, or health are erected or maintained by public
agencies, signs authorized by such agencies shall not require permits. Where such
structures or devices are to be privately erected or maintained in districts other
than residential, signs thereon shall be subject to limitations and requirements
applying generally within such districts. Where such structures or devices are to
be privately erected or maintained in residential districts, a Class I permit with
mandatory referral to Public Work department shall be required for approval of
design thereof, and in connection with such permit limitations and requirements
shall be established as to character, size, number and method of display and
maintenance of any signs, as appropriate to the residential environment.
As appropriate to the circumstances of the case, Class I permits of this type may
be made applicable to individual structures or devices of the character described,
or to specified numbers and locations, or to general classes of structures or
devices, proposed for erection or maintenance by applicants.
925.3.17. Waather flags. No sign permit shall be required for weather flags for
official notice of weather conditions authorized or displayed by official
government agencies, provided that not more than one (1) set of such flags shall be
permitted on any premises, and that any display of weather signals shall be an
accurate reflection of official weather reports.
925.3.18-20. &served.
925.3.21. .Activities related to signs ea�erpted fran permit requireivits. No sign
permit shall be required for routine change of copy on a sign, the customary use of
which involves frequent and periodic changes, or for the relocation of sign
embellishments providing such relocation does not result in increase of total area
of the sign beyond permissible limits. Where change in copy changes the class of
sign to a nonexempt category, however (as for example when advertising matter is
added to a previously exempt address or directional sign), a sign permit shall be
required.
Sec. 926. Signs, specific limitations and requirements.
926.1. Projecting signs, marquees, tunings, and the line; vertical and horizontal clearances.
Vertical clearances, projections, and clearance from curb lines as projected vertically,
for projecting signs including marquees, and for awnings, canopies, and the like whether or not
bearing signs, shall be as provided in the South Florida Building Code, section 4208,
"Limitations on projecting signs"; section 4304, "Location and use (canvas awnings and
canopies)"; and section 4404, "Location (rigid awnings, canopies, or canopy shutters)."
Except as otherwise specified in these zoning regulations, projecting signs shall comply
with the yard requirements of the districts in which located.
926.2. Roof signs; nav roof signs prohibited.
With respect to repair of existing roof signs, the provisions of the South Florida
Building Code, section 4206, "Limitations on roof signs," shall apply. No permits shall be
issued under this zoning ordinance for new roof signs.
926.3. Ground signs.
With respect to the location of ground signs, the provisions of the South Florida Building
Code, section 4207, "Limitations on ground ,signs," shall apply; provided, however, that where
this zoning ordinance establishes further limitations on location of such signs, such limitations
shall apply.
926.4. Structural call signs or flat signs; clearance above public uxalluays.
Structural wall signs or flat signs shall provide clearance above public walkways as
required by the South Florida Building Code, section 4209.5.
926.5. Linutations on cording and illumination of signs; prohibition against blocleing egress,
light, or ventilation.
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175
In addition to the limitations and restrictions set forth in this zoning ordinance, the
provisions of the South Florida Building Code, section 4209, "Detailed requirements," shall apply
with respect to blocking required egress, light or ventilation, movement or rotation of sign
parts in such a manner as to resemble danger lights or lights on emergency vehicles, wording on
unofficial signs implying the need or requirement for stopping or the existence of danger when
such conditions do not actually exist, or illumination likely to cause confusion with traffic
signals.
926.5.1. Real estate signs, construction signs, developnernt signs shall not mislead
as to zoning status of property. No real estate, construction, or development sign
shall in any manner state or convey or create the impression that such property may
be used for any purpose for which it is not zoned, or that any structure may be
used for purposes not permitted by zoning or other regulations.
926.5.2. Limitations an illurrinated or flashing signs; flashing signs prohibited in
certain areas adjacent to residential districts. No sign shall be illuminated or
flashing unless such signs are specifically authorized by the regulations for the
district in which erected.
Whether or not flashing signs are authorized generally within a district, no
flashing sign shall be permitted within one hundred (100) feet of any portion of
property in a residential district as measured along the street frontage on the
same side of the street, or as measured in a straight line to property across the
street, if the flashing element of such sign is directly visible from the
residential property involved. (See also section 1107.2.1.)
926.6. Roh.ibitian against revolving or uhirling signs cnnd peluumt or streamer signs;
except ian.
Revolving or whirling signs and pennant or streamer signs are hereby prohibited unless
such signs are specifically authorized by the regulations for the district in which erected.
926.7. Limitations on use of sign vehicles.
For purposes of these regulations, sign vehicles shall be considered to be sign
structures, subject to any regulations applying thereto and to signs displayed thereon, and shall
also be subject to any regulations herein set forth or otherwise applying to vehicles and their
storage, parking, or location on premises.
926.8. Prohibition against sign placenent inpeding visibility of traffic or pedestrians, or
creating other hazards.
No sign or sign support structure shall be so placed as to create hazards to pedestrians
or traffic on either public or private premises. In particular, no sign or sign support
structure shall be so placed as to violate the provisions of section 908.-9-U , "Vision clearance
at intersections," or to impede visibility of traffic or pedestrians at other points on public or
private premises where such visibility is reasonably necessary to safety, or to create potential
hazards to individual vehicles being driven or maneuvering incidental to parking, loading or
unloading, on public or private premises.
926.9. Reserved.
926.1O. Renoval, repair, or replacemit of certain signs; prohibition against repair or
replacewzt of certain nonconfomning signs ordered rarnved.
In addition to removal required for nonconforming signs at section 1107.2, the following
rules, requirements, and limitations shall apply with regard to removal, repair; or replacement
of certain signs, as indicated below. Orders concerning removal, repair, or replacement shall be
guided by the following rules,
(a) If such signs are otherwise lawful, except for the condition or circumstance
leading to the order, the order shall require repair or replacement within a stated
time, not to exceed ninety (90) days from the date of the order, or removal prior
to the expiration of such period. Such order shall specify that upon failure to
comply with such period, the city shall cause the signs to be removed, with costs
assessed against the owner or lessor of the property or the owner of the sign, as
appropriate to the circumstances of the case.
(b) If such signs are nonconforming under the terms of this ordinance by reason of
character or location or the use with which associated, or exceed, in combination
176 10863
with other signs on the premises, limitations on number or area of signs, the order
shall require any nonconforming signs to be removed or made to conform within a
stated time, not to exceed ninety (90) days from the date of the order, and shall
specify as above with regard to removal by the city.
926..10.1. Wafe signs. Unsafe signs, found to be so under the terms of section 202
of the South Florida Building Code, shall be removed, repaired or replaced as
provided therein, if otherwise lawful. If nonconforming, such signs shall be
removed.
926.10.2. acrepit or dilapidated signs. Signs found to be decrepit or dilapidated
(whether or not determined to be unsafe as provided above) shall be removed,
repaired, or replaced if otherwise lawful. If nonconforming, such signs shall be
removed.
926.10.3. Quite signs advertising establishments, canwdities, oi- services no longer
on prenises. Onsite signs advertising establishments, commodities, or services
r - previously associated with the premises on which erected, but no longer there,
shall be removed within six (6) months from the time such activity ceases. if
otherwise lawful, such signs may be replaced by signs advertising establishments,
commodities, or services currently associated with the premises. If nonconforming,
such signs shall not be replaced.
926.10.4. Offsite signs bearing obsolete advertising natter. Offsite signs advertising
establishments or attractions, commodities, or services which no longer exist or
are no longer available, or bearing other obsolete advertising matter, shall be
removed. If otherwise lawful, such signs may be replaced by current advertising
material. if nonconforming, such signs shall not be replaced.
j
926.11. Structural nvnbers of signs required to be concealed or otherwise made visually
unobtrusive.
Structural members of all signs, including supports, shall be covered, painted, and/or
designed in such a manner as to be visually unobtrusive.
926.12-14. r*served.
926.15. Qctdoor advertising signs.
Signs used in the conduct of the outdoor advertising business shall be regulated and
restricted as follows in districts in which they are permitted:
926.15.1. Limitations on sign area, including m bellishments; linutations on
projections of enbellishn-ants. The area of an outdoor advertising sign shall not
exceed seven hundred fifty (750) square feet, for each surface, including
embellishments, if any (with sign and embellishment area as defined at section
2502).
Total area of embellishments, including portions falling within or superimposed. on
the general display area, shall not exceed one hundred (100) square feet.
No embellishment shall extend more than five (5) feet above the top of the sign
structure, or two (2) feet beyond the sides or below the bottom of the sign
structure.
Embellishments shall be included in any limitations affecting minimum clearance or
maximum height of signs, permitted projections, or distance from any structure or
lot or street line.
i 1926.15.2. .Reserved.}
} 926.15.3. Limitations on spacing of outdoor advertising signs in relation to federal -
aid priinary highmy system. Outdoor advertising signs shall be spaced a minimum
( of one thousand (1,000) feet from another sign, or an approved location, on the
same side of a federal -aid primary highway.
926.15.4. Landscaping. All outdoor advertising sites shall be appropriately
landscaped as follows: One (1) shade tree for the first five hundred (500) square
feet of site area and one (1) side shade tree for each additional one thousand
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(1,000) square feet or portion thereof, of site area; the remainder of the site
area shall be landscaped with equal portions of hedges and/or shrubs and lining
ground cover. Said landscaping shall be provided with irrigation and be maintained
j in perpetuity.
926.15.4.1. Any sign pemut issued pursuant to section 926 et seq. shall be
subject to revocation, subsequent to a public hearing by the City Cbmrission,
should city inspectors find that the subject site is not being nn.intained
according to approved landscaping plans or is being leept in an unclean or
unsightly nznmer.
926.16. Urni to t i ons an ons i to signs above a height above fifty (60) feet above grade.
For onsite signs above a height above fifty (50) feet above grade, the following regulations
i shall apply:
1. Building sign content shall be limited to the name of the building or the name of a
prime tenant of the building occupying more than 5% of the gross leasable building floor
area.
2. Signs shall consist only of individual letters and/or a graphic logotype. No graphic
embellishments such as borders, or backgrounds shall be permitted.
3. The maximum height of a letter shall be as follows:
If any portion of Maximum Letter
a sign is: Height
over 50 feet but less
than 200 feet above grade .......... four (4) feet
over 200 feet but less
than 300 feet above grade ........... six (6) feet
over 300 feet but less
than 400 feet above grade......... eight (8) feet
over 400 feet above grade......... nine (9) feet
The maximum height of a logo may exceed the maximum letter height by up to fifty (50)
percent if its width does not exceed its height.
4. The maximum length of the sign shall not exceed eighty (80) percent of the width of
the building wall upon which it is placed as measured at the height of the sign. The sign
shall consist of not more than one horizontal line of letters and/or symbols unless it is
' determined through Class II review that two lines of lettering would be more compatible with
the building design. The total length of the two lines of lettering, end -to -end, if
permitted, shall not exceed eighty (80) percent of the width of the building wall.
5. Not more than two (2) signs, one (1) for each of two (2) sides of a building shall be
permitted per building. The two signs shall be identical except they may vary in size,
subject to 3 and 4 above.
I
6. No variance from maximum size of letter, logotype, length of sign, number of signs or
sign content shall be granted.
7. All sign permits shall be subject to Class II approval and review by the Urban
Development Review Board (UDRB). The UDRB shall recommend its findings to the Planning,
Building and Zoning Director. The Planning, Building and Zoning Director may waive review
by the UDRB if such review procedures would delay issuance of a Class II permit by more than
twenty-one (21) days from the date of permit application. The UDRB and Class II design
review shall be based on the following guidelines:
a) Signs should respect the architectural features of the facade and be sized and
a placed subordinate to those features. Overlapping of functional windows,
extensions beyond parapet edges obscuring architectural ornamentation or
disruption of dominant facade lines are examples of sign design problems
considered unacceptable.
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b) The sign's color and value (shades of light and dark) should be harmonious with
building materials. Strong contrasts in color or value between the sign and
building that draw undue visual attention to the sign at the expense of the
overall architectural composition shall be avoided.
c) In the case of a lighted sign, a reverse channel letter that silhouettes the
sign against a lighted building face is desirable. Lighting of a sign should be
accompanied by accent lighting of the building's distinctive architectural
features and especially the facade area surrounding the sign. Lighted signs on
unlit buildings are unacceptable. The objective is a visual lighting emphasis
on the building with the lighted sign as subordinate.
d) Feature lighting of the building including exposed light elements that enhance
building lines, light sculpture or kinetic displays that meet the criteria of
the Dade County art -in -public places ordinance, shall not be construed as
signage subject to these regulations.
I' Sec. 927. Temporary structures, occupancies, and uses during construction.
In any district, temporary structures, occupancies, and uses reasonably necessary for
construction (including preparation of land) shall be permitted, subject to the limitations and
requirements of these and other lawfully adopted regulations (and particularly the South Florida
Building Code).
Except where specifically authorized or required, such structures and uses shall be
located on the site and shall not encroach upon any public ways. As necessary for protection of
the public health, safety, and tranquility in the circumstances of the particular case, the
zoning administrator may attach to any permit or certificate of occupancy reasonable
requirements, conditions, and safeguards, including limitation of hours for the conduct of part
or all of the activities involved. Activities shall be so conducted as to minimize annoyance to
surrounding areas due to noise, dust, glare, fumes, runoff of water, deposit of sediment, or
other adverse effects.
Rock, soil, sand, or gravel may be used for fill or construction on the site, but no such
material may be used for onsite manufacture of building materials other than mortar for masonry
or _plaster. Handling of materials moved from the site shall be so conducted as to control flying
ldust or spillage on the streets.
Where temporary sheds, offices, quarters for watchmen, or the like are authorized as
reasonably necessary in connection with such activities, they shall be so located as to minimize
potentially adverse visual or other effects on surrounding property or those who pass on public
ways.
Sec. 928-929. Reserved.
Sec. 930. "Automotive service stations as principal uses.
The following standards, limitations, and requirements shall apply to automotive service
stations as principal uses:
930.1. Mnimrn lot or site dimensions, mininvn street frontage.
Minimum lot area for an automotive service station (or minimum site area reserved for use
by the automotive service station where established in combination with other uses) shall be
I fifteen thousand (15,000) square feet. Minimum lot or site depth shall be one hundred (100)
feet. Minimum street frontage for one (1) street shall be one hundred fifty (150) feet.
930.2. Unutations on outdoor storage, display, or activities.
930.2.1. Storage and display of products sold and equipment used incidental to noimzl
refueling. Products for sale incidental to normal refueling may be stored and
displayed outdoors in the standard racks provided for such purposes at locations
not closer to the street than pump islands. Products in this category shall
include only oils, additives to fuel or radiator coolants, windshield wiper blades,
and the like. There shall be no outdoor display or storage of tires or other
merchandise. Equipment used incidental to normal refueling may be stored outdoors
within the same area, but other equipment used in permitted servicing shall be
stored and used within buildings.
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930.2.2. Activities incidental to noinxl refueling. Activities incidental to normal
refueling may be conducted outdoors while vehicles are at pump islands. Other
permitted activities, such as repairs, change of tires, greasing and lubrication,
and the like shall be conducted within buildings.
930.2.3. Vending nxrJUnes. Any vending machine for the sale of food, drinks,
tobacco, and sundries located outside the principal building shall be located
immediately adjacent to the building in an enclosure designed and improved for such
purpose, and with adequate facilities for disposal of trash.
930.2.4. Thick and trailer rental units uhere penitted. In districts where truck
and trailer rentals are permitted as accessory uses at automotive service stations,
no such units shall be stored closer to the street than the principal building and
a solid textured masonry wall at least six (6) feet in height shall be provided
around the interior lines of the designated storage area except for necessary
access openings. Permitted rental vehicles shall be stored only within this area,
and no other vehicles shall be stored therein.
930.2.5. Linitations on parking or storage of vehicles. Only vehicles awaiting
service, permitted rental vehicles, vehicles used in road service, and vehicles of
employees parked while working shall be stored or parked on the premises, except in
districts where commercial parking is a permitted accessory use at automotive
service stations. In such districts, such commercial parking shall be permitted
only in areas designated and reserved for such purpose and only on area additional
to the minimum lot or site area required for an automotive service station.
930.3. T-ash facilities.
Adequate, completely enclosed, trash storage and collection facilities shall be provided
for automotive service stations on the site, at the rear on interior lots or sites, and behind
any portion of the principal building adjacent to a street on corner lots or sites.
930.4. Required ualls adjacent to residential districts.
Where automotive service station lots or sites abut or adjoin residential districts
without an intervening street, but with or without an intervening alley, a solid textured masonry
wall at least six (6) feet in height shall be provided, without through access, except that such
wall shall not extend along the edge of any required yard adjacent to a street.
Sec. 931. Drive -through and drive-in establishments; car washes.
No permit shall be issued for any drive -through bank, drive -through or drive-in eating or
drinking establishment, drive-in theater, or other facilities where customers are served in their
automobiles, except automotive service stations, or any car wash (except where such facility is
accessory to an automotive service station and does not involve arrangements for washing more
than one (1) car at a time) except in accord with the following requirements and limitations:
931.1. Conditions cuzd safeguards in relation to special pemuts.
See "Special Permits, Generally" in article 13.
931.2. Requirenants for reservoir spaces, applying generally.
Inbound and outbound reservoir spaces ("inbound" defined as spaces for automobiles waiting
for service or parking after clearing the right-of-way of the street, and "outbound" spaces for
automobiles which have left service or parking areas and are waiting to enter the right-of-way of
the street) shall be provided at a minimum as indicated below. A Special Exception with approval
by the City Commission is required of all drive -through facilities for financial institutions or
that do not provide the minimum number of reservoir spaces. All such spaces at these and other
establishments requiring reservoir spaces shall be computed on the basis of a minimum length of
twenty-two (22) feet and a minimum width of ten (10) feet, exclusive of additional length or
width required for necessary turning and maneuvering:
(a) Drive -through bank:
For the first window: ten (10) spaces before the teller window, one (1) 'space at
the teller window, one (1) space after service space.
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For the second window: eight (8) spaces before the teller window, one (1) space at
the teller window, one (1) space after service space.
For the third window: six (6) spaces before the teller window, one (1) space at
the teller window, one (1) space after service space.
For the fourth window or beyond: five (5) spaces before the teller window, one (1)
space at the teller window, one (1) space after service space.
(b)
Drive-in theater: Before the ticket service space, reservoir spaces equal to twenty
(20) percent of the total capacity of the theater. The inbound reservoir area
`i
shall not connect or conflict in any way with existing driveways.
(c)
Car wash:
(1) Self service:
For the first three stalls: three (3) spaces before each wash stall, two (2)
spaces after each stall.
Beyond three stalls: one (1) space before each wash stall, two (2) spaces
after each stall.
(2) Semiautomatic:
I,
!
For the first stall: five (5) spaces before the beginning of each wash time,
three (3) spaces after the end of each wash line.
For the second stall and beyond: three (3) spaces before the beginning of
each wash time, three (3) spaces after the end of each wash line.
(3) Automatic dragline: Eight (8) spaces before the beginning of each wash line,
ff1
six (6) spaces after the end of each wash line.
For the first stall: eight (8) spaces before the beginning of each wash
line, five (5) spaces after the end of each wash line.
For the second stall and beyond: five (5) spaces before the beginning of
each wash line, three (3) spaces after the end of each wash line.
(4) Custom (handwash): One (1) space before the beginning of each wash line, one
(1) space after the end of each wash line with an additional five (5) parking
spaces.
(d)
Drive -through window facilities for eating and drinking establishments: Eight (8)
spaces before the service window, one (1) space at the service window, one (1)
space after the service window.
(e)
Other drive -through facilities (including but not limited to food and beverage
sales and laundry and dry cleaning pickup stations): Three (3) spaces before
service position or area for parking, one (1) space after such position or area.
The inbound reservoir area shall not conflict with the outbound reservoir area.
Sec. 932. Christmas tree sales; holiday sales.
Christmas tree sales shall be permitted by Class I Special Permit on a vacant lot or
j portion of a lot not reserved for other purposes (i.e., parking). Such use may be permitted in
commercial and industrial districts and conditional by Class I Special Permit, with notice to
adjacent and immediate (across the street) property owners, in residential districts if conducted
by a civic, fraternal or religious organization as a fund raiser for a period of operation not to
exceed five (5) weeks prior to Christmas.
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Sales of other goods pertaining to a national legal holiday (i.e., sparklers for the
Fourth of July) shall be conditional by Class 1 Special Permit, with notice to adjacent and
immediate (across the street) property owners, as for Christmas tree sales except that it shall
only be permitted for a period not to exceed two (2) weeks prior to the holiday.
Sec. 933. Criteria for Special Exception approval of helistops.
933.1. Wistops, ulzere permitted.
Helistops, as defined by the Federal Aviation Administration and herein, shall be
permitted as conditional accessory uses in the Office, Governmental/Institutional, Commercial,
Central Business District and Industrial districts only by Special Exception with City Commission
approval. Helistops shall be permitted as a conditional principal use in the Parks and
Recreation District only by Special Exception with City Commission approval. In addition, all
helistops shall be subject to the following requirements and limitations:
933.2. Nature of use; standards.
All helistops shall be constructed according to all applicable FAA standards as set forth
in its Advisory Circular 150/5390-2 and NFPA "Standard on Roof -top Heliport Construction and
Protection" (NFPA 418-1979). Helistops shall only be used for the landing and takeoff of
helicopters engaged in dropping -off or picking -up passengers or cargo. Such use shall involve no
fueling, repair or long-term parking and/or storage of helicopters. Unless used for emergency
operations (i.e., police, fire, hospital emergency, etc.), helistops located upon parcels
adjoining a residential district shall permit landings and takeoffs only between the hours of
9:00 a.m. and 5:00 p.m. on Monday through Friday. Helistops shall be located in close proximity
to the origination or destination of the potential users. Priority shall be given to sites
adjacent to rivers, lakes, flood plains, railroads, freeways, or highways, which lend themselves
to multi -function or compatible land use, and have the potential of offering relatively
unobstructed airspace which can be protected from object penetrations of the approach and
departure routes. Ground level sites shall be located away from buildings, trees, or significant
terrain features to avoid possible air turbulence sometimes caused by those features. Roof -top
sites shall be given priority over ground level sites in congested areas.
Sec. 934. Community based residential facilities.
Community based residential facilities shall be subject to the following zoning
requirements and limitations:
934.1. Cbmxazity based residential facility, generally.
A community based residential facility provides room (with or without board), resident
services, and twenty-four hour supervision. Such a facility functions as single housekeeping
unit. This category includes adult congregate living facilities; and facilities for physically
disabled and handicapped persons, for developmentally disabled persons, for non -dangerous
mentally ill persons and for dependent children, as licensed by the Florida Department of Health
and Rehabilitative Services (FHRS); and residential facilities for alcohol and drug
rehabilitation and juvenile and adult residential correctional facilities, including halfway
houses, as licensed or approved by an authorized regulatory agency.
934.2. Onvunity based residential facilities, procedures.
934.2.1. Registration required. All existing and proposed community based residential
facilities shall register with the Department of Planning, Building and Zoning.
Required information for registration includes:
1. The name of the sponsoring organization, if any.
i 2. The name of the facility operator.
3. The street address of the facility.
I.
4. The type of program to be offered by the facility.
i
5. The maximum number of persons who will live at the facility.
6. The governmental authorization to operate the facility.
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934.2.1.1. Official nup and registration file. The Department of Planning,
Building and Zoning inspections shall provide and maintain an official map
that shows the location of all existing community based residential
facilities and a registration file.
934.2.2. Lpecial ilhception required. Unless otherwise specifically permitted in
residential districts (see Schedule of District Regulations), as licensed by MRS
within specified capacities, all proposed community based residential facilities
j are permissible only by Special Exception with City Commission approval subject to
the following requirements and limitations.
934.2.2.1. Location standards. All proposed community based residential
facilities shall be subject to the following location standards:
1. A proposed community based residential facility shall not be located in
any census tract where residents of existing community based residential
facilities comprise two (2) percent of more of that census tract's
current total population as estimated by the City of Miami Planning,
Building and Zoning Department.
2. A proposed community based residential facilities shall not be located
within a radius two thousand five hundred (2,500) feet of an existing
community based residential facility. Measurement shall be made from
the nearest point of the site of the existing facility to the, nearest
point of the site of the proposed facility.
934.2.2.2. Recreation open space. Recreation open space shall be provided
in accord with the following schedule:
1. Two hundred (200) square feet for each resident under eighteen (18)
years of age.
2. One hundred fifty (150) square feet for each resident eighteen (18)
years of age or older.
All such recreation space shall be appropriately landscaped and buffered
for the comfort, convenience and enjoyment of the residents with due
consideration for adjacent properties.
934.2.2.3. Yards for facilities id th nvre than fifty ocapants. The rear
and interior or side yards of facilities with more than fifty (50)
occupants shall be screened with a solid textured wall, fence or compact
hedge with a minimum height of five (5) feet.
934.2.2.4. Interior space. Unless occupants are related by blood or
marriage, or below the age of six (6) or over the age of eighty (80)
occupancy shall be limited to one (1) person per room, except that where
rooms are a minimum of two hundred (200) square feet in area, occupancy
may be two (2) persons per room, if divided by a (low) partition.
934.2.2.5. Offstreet parking. One (1) offstreet parking space for each
staff member and one (1) offstreet parking space for each four (4)
residents shall be provided. A reduction in required occupant offstreet
parking shall be permissible provided findings are made that clearly
show such reduction is reasonable based on such factors as facility
proximity to mass transit, location of occupant employment area,
occupant auto ownership, facility visitation policy, and -the like.
934.2.2.6. Unitations on signs. Signs shall be limited to a nameplate not
exceeding two (2) square feet for each street frontage.
anti ficate of use not transferable; nau atnership by ,<JDecial &ception ud th City
Cbvdssion approval.
The approved certificate of use shall not be transferable if the facility changes use or
ownership. New ownership shall be approved only by Special Exception with City Commission
approval.
Variances prohibited.
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No variances from the provisions of section 934 are permitted.
Sec. 935. Adult daycare centers.
935.1. Mninun lot dimensions.
935.1.1. Adult daycare centers for four (4) adults or less in R-1 maid R2 districts.
Adult daycare centers for four (4) adults or less may be established in these
districts in lots of a minimum area of 5,000 square feet.
935.1.2. Adult daycare centers for five (5) adults or pure in R 1 and R-2 districts; in
other districts. Except as provided in 935.-U.1, above adult daycare centers for
five (5) or more but less than ten (10) adults shall be established in R-1 and R-2
districts only on lots with a minimum lot area of seven thousand five hundred
(7,500) square feet. Adult daycare centers for ten (10) or more adults shall be
established in these districts only on lots with a minimum width of one hundred
(100) feet and a minimum lot area of ten thousand (10,000) square feet. These
limitations shall not apply in other districts where adult daycare centers are
permitted or are permissible by special permit.
935.2. Location of buildings in R-1 and R-2 districts; in other districts.
Buildings containing an adult daycare center in R-1 and R-2 districts shall provide
minimum side yards as required for one -family detached dwellings in the district.
935.3. Mnb7un area per occtgxurt; other requirements.
Adult daycare centers shall provide a minimum of thirty-five (35) square feet of net floor
area per adult participant consisting of, but not limited to bathroom(s), dining area(s), kitchen
area(s), rest area(s) and recreation/leisure time area(s) and a private aid/counseling area.
Offstreet r. 4 . 936s � eet parking requarenazts.
One 1
( ) offstreet parking space shall be required for the owner/operator and one (1)
space for each employee. In addition to providing offstreet parking such establishments shall
provide safe and convenient facilities for loading and unloading clients including one (1)
unloading space for every ten (10) clients cared for.
935.5. Variance prohibited.
No variances from the provisions of this section 935 are permitted.
Sec. 936. Child day care centers.
i Child day care centers, if approved by appropriate regulatory agencies, shall be subject
to the following zoning requirements and limitations:
936.1. Access if within residential district.
Within any R-1 or R-2 district, vehicular entrances to the grounds of such establishments
designed to accommodate ten (10) or more children shall be within three hundred (300) feet of
arterial streets by normal vehicular routes. This limitation shall not apply to places of
worship in these districts or to centers in other zoning districts where child day care centers
are permitted or permissible by special permit.
936.2. Mnimrn lot dim�izsions.
936.2.1. Child day care centers for less than ten children in R-1 and R-2 districts.
Child day care centers for less than ten (10) children may be established in R-1
and R-2 districts in lots with a minimum lot size of 5,000 square feet.
936.2.2. Child day care centers for ten or rrore children in R-1 and R2 districts.
Child day care centers for ten (10) or more children shall be established in R-1
and R-2 districts only on lots with a minimum of seven thousand five hundred
(7,500) square feet. These limitations shall not apply in other districts where
child day care centers are permitted or are permissible by special permit.
936.3. Location of buildings in RI and R•2 districts.
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Buildings containing child day care centers in R-1 and R-2 districts shall provide minimum
side yards as required for one -family detached dwellings in the district.
936.4. A4ninun indoor area per child, other requiraneitts.
Child day care centers shall provide a minimum of twenty (20) square feet of usable floor
space per child. Usable space refers to that space available for indoor play, classroom, work
area, or nap space.
936.6. Qttdoor play area.
Child day care centers shall provide a securely fenced outdoor play area consisting of at
least four hundred (400) square feet or forty-five (45) square feet per child in any group using
the play area at one time, whichever is greater. A minimum play area shall be provided for one-
half (1/2) of the permitted capacity, but in no case less than four hundred (400) square feet.
No such outdoor play area shall be located in any required front yard. Where the edge of any
such outdoor play area is closer than thirty (30) feet to any side or rear lot line in an R-1 and
R-2 district, an intervening masonry wall or compact evergreen hedge not less than five (5) feet
in height shall be maintained along such edge.
Child day care centers established as accessory uses in shopping centers or other
commercial establishments for short term care of children of shoppers, need not provide outdoor
play area.
936.6. Lbnitation of location and hours for outdoor play activities.
All outdoor play activities on the premises shall be conducted within the fenced play
area, limited to the hours between 8:00 a.m. and 6:00 p.m.
street . 7 . j 936Uff parking requirawtts.
One (1) offstreet parking space shall be required for the owner/operator and one (1)
space for each employee. In addition to providing offstreet parking such establishments shall
provide safe and convenient facilities for loading and unloading children including one (1)
unloading space for every ten (10) children cared for.
i 936.178. Varicntces prohibited.
No variances from the provisions of this section 936 are permitted.
Sec. 937.. Adult entertainment or adult services.
937.1. Intent.
It is intended to regulate adult entertainment or adult service establishments, as herein
defined, to minimize deleterious effects on the neighborhood. Such deleterious effects may
include but not be limited to depreciation of values of nearby and adjacent properties,
deterioration in appearance of the areas in which they are located, production of a skid row type
of atmosphere, discouragement of residential uses in the area, and creation of an erotically
suggestive atmosphere on public ways used by minors.
937.M. Limitations on adult entertain, t or adult service establislynmts.
No adult entertainment or adult service establishment shall be:
(a) Established within a distance of one thousand (1,000) feet of any other adult
entertainment or adult service establishment. This distance shall be measured from
the front door of the proposed adult establishment to the front door of the nearest
existing such establishment along the route of ordinary pedestrian travel.
(b) Located within six hundred (600) feet of any residentially zoned property. The
I distance shall be measured along the route of ordinary pedestrian travel from the
nearest exterior door of the proposed adult establishment to the closest property
line of the residentially zoned property. Where property in the City of Miami
borders upon property of another city or Dade County, the term "residentially zoned
property"' shall be those zoning districts designated as residentially zoned by the
terms of the zoning ordinance of the external jurisdiction.
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(c) Approved for a certificate of use only when the application therefor is accompanied
by a survey certified by a land surveyor registered in the State of Florida showing
that the requirements of (a) and (b) above have been met.
937.4j. Discattinuance or abrntdoni mt.
Once an adult entertainment or adult service establishment use is discontinued or
abandoned, the use shall not thereafter be resumed unless and until all of the requirements of
this section 937 have been met.
937.51. Variances proltibi ted.
No variances from the provisions of section 937 are permitted.
Sec. 938. Flea markets.
938.21. Limitations on flea nurhets.
Operation of flea markets requires a Class 1I permit, renewable every three (3) years by a
review upon the anniversary of issuance subject to the following requirements and limitations:
access from major streets; distance separation from residentially zoned districts (minimum:
seventy-five (75) feet); hours of operation (maximum: twelve (12) hours per day), no earlier than
7,00 a.m.; sales operations confined to weekends and legal holidays; provided, however, that at
no time shall such operations exceed three (3) consecutive days; provision of paving striping for
stalls and parking spaces; provision of restroom facilities onsite; and, conformity to the South
Florida Building Code (chapters 6, 7 and 43 as the case may be). Operations may be further
restricted within the site to achieve a harmonious relationship with the surrounding
neighborhood. See article 13, "Special Permits, Generally".
Sec. 939. CBD storage facility.
939.1. Reserved.
939.2. Limitations of CHI storage facilities.
i
Operation of a CBD storage facility requires a Class II Special Permit and is subject to
the following limitations and requirements:
(a) It may occupy no more than twenty-five (25) percent of the gross floor area, or one
floor, whichever is smaller, of existing buildings in the CBD district;
(b) It shall not be permitted below the third floor of any existing building, except
for basements and necessary loading and unloading facilities;
(c) The interior use shall not be visible or apparent from the adjacent public rights -
of way, including the Metrorail and Metromover rights -of -way. Toward that end,
there shall be no exterior signs identifying the facility and it shall be operated
entirely within existing structures. Exterior modifications, such as removal of
' existing window openings and sealing the window openings shall be prohibited.
Interior views through existing windows shall either be obscured by opaque (not
painted) glass or drapes, curtains or blinds.
(d) All loading and unloading areas shall be subject to the requirements of sections
922 and 93_?3 and in addition, shall be limited to locations which are not visible
from adjacent public rights -of -way or screened so that they are not visible from
adjacent public rights -of -way;
(e) A signed statement shall be submitted from a structural engineer or architect
specifying that the building is structurally sound and is capable of withstanding
the live loads associated with such a storage facility. Likewise, the building
shall be required to meet all applicable requirements of the South Florida Building
Code and any applicable fire and life safety codes;
(f) The exterior appearance of a building containing a CBD storage facility shall be
properly maintained; and
(g) All Class II permits for a CBD storage facility shall be subject to an annual
review for compliance with the restrictions and limitations set forth .in this
section and any other conditions approved as part of the permit.
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186 10863
ARTICLE 10. Reserve DESIGN STANDAM,
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Sec. 1010.2. Besign standards.
-The Bayftiver Walk shaiii be a miliollitlill Of twe!l* (20)
consist o
4vne, all
Feet wide overall and shali
Hve distinct zones. an edge zone, a saFety buffer zone,
a transition and security zone.
a chcuiation zone, & p8SS!Ve
1. fhe top oF the bulkhead or seawall shall be
at a constant elevation Fv, the
lengHr-of
the wate, a
Face of —the
feet apart along the Face oF the seawall or balkhead,
low tode.
-3. The top of the seawaii/baikhead shall be 6 tv
4. The inside edge oF the seewedi/bulkhead shail
to allow For c 1 i bing out oF
8 inches highe, than the m
be beveled;
187 10863
..
..Woo
FoPRIIIIII,
i . The bay/r iver walk circulation zone
promenade and shmH be 8 to 12 feet wide.
P. The watlkway may ineande, Hong the
shall not exceed 6 feet and be spaced
shali cons ist of
a i inear pedestrian walkway or
r
ape. t.
not less than 50 feet
3. Obstructions to movement (hees, boliards,
shall =t reduce the ciear width of tie walkway
leis
iighting, etc.)
WHI611 tile c6ictliftHoll 1.011
at emy pohit.
to less than 8 feet
4. Yetriable textures and mate. iliay be
used to surface the
Promenade.
-h The arem Fo, sitting, accent landscaping
ive,
and concessions
shail be iocated etiong 1
walk,walkway
Hand side of the beky/i and slitffl be
not iess than 4 Feet
voidl.
2. Sho, t lengths of the passive zone may be elevated 18 to 24 inches above the ievel of th
3. Ali benches :thall have back tests, and their placement shail emphasize direct views o
the —water:
a::�•ia,a�u�r�ia��;[•s-�.��[[•���n.�ir[�•i�-ter K�.ors:►-iir[:•�[�:c•.�•i=nr.[[�.i�:c�r[aine�
zone
hansition cone
�.P. TIIH visual
by low ievel
Facility.
shall border the bay/,
lye. walk
and funlHosial
transition
From public
to
private
,
j ..maiked
shrubbery and overhead
shade
or ornetmental
trees.
Fences,
Mpact on the weiikwar.
uc
landscaped
to
4. Fo, adjacent
s,
developmevits
that serve
the public
• res
tati, en,
ts,shops,hotel
entertainment, etc.)
shail be assured.
piovision of
wide, vis+ble
and easy pedestrian
access
to
the bay/i
ive,
wai-k
walk h o adjacent
.
lelt9.
1`
i. Shade trees
uses,
active such
as retail restaurants,
ot efte,
tainment.
oned
iniand
shall be conf
to the
edge of
the
p-.. I
w
edge shmil I be Confined to
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pub! ic plazas, sflaii be..
/ stici, as caFes Or
Shops,
a
-
4. Hst of proposed Flamt materials, keyed to site plam.
5. Tabulation of required and proyided Urban Plaza standards including total area, area
(met obstrueted by permamemt structures, wetter, ectfei, plantimg beds, etc.), mumber e
shade trees, Hnear seating dimensions, etc.
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4- Ul'bd.l PIM space shali be accessible
See. W20.3. Activity.
1. urba.. Plan space shail colltetill at
not lotHted to a ia,ge fountain with seating
hiciading ba
or :ltayc
to the handicapped—.
ieltft Oise activitLy geneiating
Feature,
ationg the edges, outdoot
cafe, ampliltheater
for outdoo. per fo, memen; g round F 1 Oor ,
etaii shops wit'. di. ect
access to the
opell
piaza;
petviiions for vendors, kinetic .
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1 • • 1 • r 1 r • • • • •s"114 IMMILISM am• • • ` % i
Sec. 1020.7. hohibition of driveways, spaces,arking loading berths, exhaust vents a,,Ui
building hash sto,age fatcHities.
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10863
191
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Project. st—�edevc�opment
Sec. WE, Primary jjedestiilan pathway design Standards and guideil
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10863
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A site plam she!! be submitted to the Plamming,
Building
and Zomimg Depairtmemt
whieh
cleam-lY
+ access
Males, driveways,
outlets, the locatiom, size
und deriptiom
of all l0mdscepe
materials,
an
that tot
hitemded
to serve.
offstreet parking facilities Or lot. are
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See. W24.2. tength and width of staffs --
the stall widths provided herein shall be
+fence, building,or
incressed by
one (1)
other physical obstiuctlon,
foot. Where theie is et.,
obstruction on both sides of the stall, the
feet.
Standard stalls shall be a ininhitin, of
widths provided
eight and one-half
he,ein
(e t/2)
sherH be increased two (2)
feet in width and elgiteen
:,I.e!! have hont btimpers abutting cise another.
Sec. teE4.3. Parking stalls required foi physicaily
Pei -king StdHS I-eqUired for physically
The front bampe,
handicaped-drivvs-.
handicapped drivers
of an
shall
oppming vehiciie--strarfi-iiot
be provided as required by
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-let
um leill fol- well It mg vehici1j.
located as For down im the b-11-
werery-3haNlv�rl as Is practleal.
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!pal
ill accordance with
fhe landscaping shall
the following standa.ds.
lawn,landscaped
include shrubs,hedges,
bees,
king iotssm.a 1 1e
t mt may be used as visua!
aineiHties
• •
,
development,h lnstancl!s where substantial
such landscape
ty, 11jesiIijigpai plant
inate. gai may be usled if approved
materia,
by the
Hann
Baliding
site PI-10, to it
Zoning
parking FacHitles and park-hig—Itts-.
lig,
and
"Orades
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1 as defined 1,
and Standaids Fur
y.
- Agricul I.UI�C.
Nursery 1
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10863
198
-""+red
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j Crown spiecd greate. than Fifteen (15)
I'llllllI'll
feet. Such
tyees si,CV-F-F—TrU
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1 11, 1 :111Shrubs
all
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Year rtPter-V+mn-hT-.
Sill Inkle, System 2 WiH be requi.ed
Or
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ARTICLE 11. NONCONFORMITIES.
Sec. 1101. Intent; general definition.
1101.1. Abnconformities created by ordinance adoption or anarrchunt.
The following shall be defined as nonconforming for the purpose of this ordinance:
(a) Lots;
(b) Uses of lands, water or structures, or lands or waters in combination with
structures;
(c) Structures; and
(d) Characteristics of use,
which exist within districts established by this ordinance or later amendments and which were
lawful before passage or amendment of this ordinance, but which would be prohibited, regulated,
or restricted under the terms of this ordinance or its future amendment.
1101.2. Mnoonnfoindties created by public taking or court order.
The term "nonconforming" shall also be construed to apply where lawful public taking has
the effect of creating what would be violations of zoning regulations currently in effect if
actions were taken privately, or where such actions are pursuant to the order of a court of
competent jurisdiction. Thus where such action reduces a yard below the minimum required in
relation to a structure, the portion of the structure extending into such yard shall be construed
to be nonconforming; and where such action reduces previously provided offstreet parking or
loading space below requirements, the use affected shall be construed to have nonconforming
characteristics, rather than deemed to be in violation of the regulations.
1101.3. Intent concertizing nonconformities generally.
It is the intent of this zoning ordinance to require removal or cessation of certain of
these nonconformities, and to permit others to continue subject to the terms of this zoning
ordinance until they are otherwise removed, or cease, but not to encourage their survival. It is
further the intent of this zoning ordinance that nonconformities shall not be used as grounds for
.adding other structures or uses prohibited elsewhere in the same district, nor shall
nonconformities be enlarged upon, extended, or expanded.
Nothing herein contained shall be construed as prohibiting change in tenancy, ownership,
or management of a nonconforming lot, use, or structure, provided such change is otherwise
lawful.
1101.4. Mnconfonning uses specifically declared to be incompatible with permitted uses.
Nonconforming uses are declared by this zoning ordinance to be incompatible with permitted
uses in the districts involved. Nonconforming uses of land or water, structures, or land or
water and structures in combination shall not be extended or enlarged after passage of this
zoning ordinance by addition of the same or other uses of a nature generally prohibited in the
district involved, or by attachment on a structure or premises of signs intended to be seen from
off the premises.
1101.6. Reserved.
status.
Where building pennits or ce, tificates oF occupancy have been issued unde, a pie
ordinance, or pi-ior 'to amendment of this ordinance, and consh-action lies not been compieted oi-
occupancy actueHy began, any building o. sh-achii-e completed or occapency established unde, th
conditions and time limitations set Fo.-th at section 12105 shall be construed to hav
nonconfonning status to the extent thOt it was lawful ande, in lor egalatmons,
10863
I'M WON
Sec. 1102. Nonconforming lots.
1102.1. Use of nonconfo ning lots.
Lots platted or having legal status prior to the effective date of this ordinance and
becoming nonconforming by passage of this ordinance are considered legal building sites. All
buildings proposed for such sites must shall meet all requirements and limitations of the zoning
district in which they are located end will oHy be approved by Special Exception. Buildings mr
Ibe erected, expanded, or aitered in any platted lot made nonconforming by passage of this
ordinance,
regardless of district ieqtihements For lot area a.d/or width, but in accord with M
other requirements and limitations provided that such use is othevivise permitted it, 'lie district.
1103. Reserved.
Sec. 1104. Nonconforming uses of lands, water or structures, or lands or waters in
combination with structures.
Where, at the effective date of adoption or amendment of this zoning ordinance, lawful use
of structures, or of structures in combination, exists (which would not be permitted under the
regulations imposed) such use may be continued for twenty (20) years. An extension for
continuance of the use for an additional term of up to twenty (20) years is permissible through a
Special Exception permit only.
1104.1. Ehlargmient, extension, alteration, replace?m.t, etc., of structure.
Except as otherwise specifically provided, an existing structure devoted to a use not
permitted by this zoning ordinance, in the district in which it is located, shall not be.
enlarged, extended, constructed, reconstructed, replaced, structurally altered, or moved except
in changing the use of the structure to a use permitted in the district in which it is located or
is to be located.
1104.2. Rctension of use in building nzmifestly designed for such use.
Any nonconforming use may be extended throughout any parts of a building which were
manifestly arranged or designed for such use before the effective date of adoption or amendment
of this zoning ordinance. Any nonconforming use which occupied a portion of a building not
originally designed or intended for such use shall not be extended to any other part of the same
building. No nonconforming use shall be extended to occupy any additional building on the same
lot or parcel, not used for such nonconforming use at the effective date of adoption or amendment
of this zoning ordinance.
1104.3. A binconfonning use outside buildings; 4)ecial Exception for nnuerent.
No nonconforming use shall be enlarged, increased, or extended to occupy more area than
was occupied at the time such use became nonconforming on premises of buildings in nonconforming
use, and outside such buildings. No such exterior nonconforming use shall be moved in whole or
in part to any portion of the lot or parcel other than that occupied at the time such use became
nonconforming; provided, however, that the Zoning Board may by Special Exception allow such
movement upon a finding that because of the new location, buffering or screening, to be supplied,
or other reasons, such movement would create substantial public advantages. Notwithstanding the
other provisions of these regulations concerning Special Exceptions, in this class of cases, the
occupancy of the new location shall be construed as remaining nonconforming.
1104.4. Limitations on location, orientation, spacing, height, type and enbellisInmts of
outdoor advertising signs in relation to limited access h.iglsaxys and expressways.
Except as otherwise provided in section 926.15.1, outdoor advertising signs may be
erected, constructed, altered, maintained or relocated within six hundred sixty (660) feet of any
limited access highway including expressways as established by the State of Florida or any of its
political subdivisions, provided that such sign faces are parallel to or at an angle of not
greater than thirty (30) degrees with the center line of any such limited access highway and
faced away from such highway.
10863
202
F
1104.4.1. 11b outdoor advertising sign uhich faces any such lanited access higtwV to a greater
degree than permitted in 926.15.2 shall be erected, constructed, altered, nuintained,
replaced or relocated urithin six lunadred sixty (660) feet of any suchh higlums,
including eVresstMs, easterly of I-95. Outdoor advertising signs, a maximum of nine
(9) in number which face such limited access highways, may be erected, constructed,
altered, maintained, replaced or relocated within two hundred (200) feet of the
westerly side of I-95 right-of-way lines, or of any limited access highway including
expressways westerly of I-95, as established by the State of Florida or any of its
political subdivisions, after City Commission approval utilizing standards and review
procedures for Special Exceptions, and subject to the following conditions:
(a) An outdoor advertising sign structure approved pursuant to this ordinance shall be
spaced a minimum of fifteen hundred (1500) feet from another such outdoor
advertising sign structure or an approved location for another such advertising
structure on the same side of a limited access highway, including expressways
facing the same direction.
(b) The height of the structure shall not exceed a height of fifty (50) feet measured
from the crown of the main -traveled road and in no instance shall exceed a maximum
height, of sixty-five (65) feet measured from the crown of the nearest adjacent or
arterial street.
(c) The sign structure shall be of unipod construction with pantone matching color
system PMS180U reddish brown or PMS463U dark brown or similar color, and with only
two (2) sign faces back-to-back at a maximum horizontal angle of thirty (30)
degrees from each other.
(d) No flashing, blinking or mechanical devices shall be utilized as part of the
outdoor advertising sign.
(e) Sign area, embellishments and projections shall be as set forth in section
926.15.1.
(f) Within thirty (30) days of the effective date of Ordinance No. 9993, owners of
existing sign structures or sign structure permits for any signs located or to be
located within two hundred (200) feet of the westerly right-of-way lines of I-95
and any limited access highway, including expressways west of I-95, shall have the
right to seek approval, in accordance with the procedures set out above, for a new
outdoor sign structure or altered sign structure permitted under this ordinance,
at said location, in the order that the signs or locations were granted a permit.
Said approval hearings shall be held in advance of any other sign structure
application(s). All other applications shall be considered on either a first
come, first serve basis, or in the case of concurrent applications, a lottery
conductedby the department designated by the city manager.
In authorizing a general advertising sign structure under these provisions as a
Special Exception the following factors shall be considered:
(1) The impact on any vista or views that may be affected;
(2) The relationship with other roadway signs, inclusive of directional signs;
(3) The impact on any notable structure or landmark;
(4) The impact upon drive safety in the area the sign is to be located; and
(5) The appropriateness of the location in relation to the surrounding neighborhood
and adjacent uses.
1104.5. ILserved.
1104.6. Disoorztiruavice.
If any such nonconforming use of a major structure or any portion thereof, or major
structure and premises in combination, is discontinued for any reason (except where governmental
action impedes access to the premises) for a period of more than one hundred eighty (180)
consecutive days any subsequent use shall conform to the regulations for the district in which
the use is located.
203 10863
1104.7. Subdivision or structural additiais.
Structures used for nonconforming purposes as of the effective date or amendment of this
zoning ordinance, shall not be subdivided, nor shall any structures be added on the premises,
except for purposes and in a manner conforming to the regulations for the district in which such
premises are located.
1104.8. lkstructiaz of structure or structures.
Where nonconforming use status applies to a structure or structures, or to a structure or
structures in combination, removal or destruction of the structure or structures shall eliminate
the nonconforming status of the land except as set out in section 1104.9 and any new structure
shall comply with all conditions of the district. "Destruction" of the structure for purposes of
this subsection is defined as damage to an extent of fifty (50) percent or more of the gross
square footage of the building at the time of destruction except in HC districts where the HC
Board may allow reconstruction of historically designated buildings.
Where damage is less than fifty (50) percent of the gross square footage of the building,
such structures may be restored to the same or lesser size and in the same location, provided
however that restoration shall begin within six (6) months of damage and be diligently carried to
completion, and nonconforming use may be resumed and continued as before, or on a lesser scale,
through Class II Special Permit but in any case shall not be enlarged or intensified. Unless
restoration is so initiated and completed, the use shall terminate and not be resumed.
1104.9. $ecial &ception for replacm mt or reconstruction of destroyed structures oaztaining
nazcazfonning uses.
Where a structure or structures containing a nonconforming use is destroyed to an extent
of fifty (50) percent or more of the gross square footage at time of destruction, by explosion,
fire, act of God, or the public enemy, the Zoning Board may, as a Special Exception, allow its
replacement or reconstruction in whole or in part upon making all of the following findings:
(a) That the cause of destruction was not the deliberate action of the owner or
occupant of the structure or their agents; and
(b) That nothing contained in the provisions of this Ordinance required termination of
such nonconforming use; and
(c) That the board finds substantial public advantage in continuance of the
nonconforming use; and
(d) That the primary purpose of continuing the nonconforming use is not to continue an
economic monopoly; and
(e) That replacement or reconstruction in the manner proposed, with related actions
imposed in conditions and safeguards by the board, would reduce any previous
adverse effects of the use on neighboring properties.
Sec. 1105. Reserved.
I
Sec. 1106. Nonconforming structures.
1106.1. Structzul clmnge, extension, or expazsion.
No such building or structure, or portion thereof, which is nonconforming shall be
enlarged, extended, or altered in any way which increases its nonconformity; but it may be
enlarged, extended, or altered pursuant to a Class II Special Permit so long as the degree of its
nonconformity remains the same or is decreased.
i' 1106.1.1 R=i rs and MI n. teno7
On any nonconforming building or structure or nonconforming portion of a building or
structure, and/or any building or structure containing a nonconforming use work may be done in
any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of
load bearing walls (or of bearing walls where necessary for structural safety) fixtures,_wirina
or plumbina to an extent involving ug to twenty (20) percent of the gro, square footage of the
building or structure (or of the portion of a building or structure if a nonconforming portion is
involved).
10863
204
1. f -al • rfi.
If a nonconforming building or structure, or nonconforming portion of a building or
structure, or any building or structure ggntaining a nonconforming use becomes unsafe or
unlawful, and is declared by the duly authorized official of the City of Miami to be unsafe or
unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or
rebuilt except in conformity with the regulations of the district in which it is located.
1106.2. Ry7vge.
Should a building or structure or portion thereof, nonconforming under this section, be
destroyed to an extent of more than fifty (50) percent of its assessed valuation at the time such
damage or destruction occurs, it shall not thereafter be reconstructed except in conformity with
the provisions of this zoning ordinance; provided, however, that if reconstruction is essential
to the reasonable conforming use of the building or structure, the Zoning Board may, by Special
Exception, allow reconstruction to the extent reasonably necessary to allow such reasonable
conforming use; provided such reconstruction or repair shall be started within a period of six
(6) months of the date of destruction; and provided, further, that if reconstruction or repair is
not begun within the six-month period, the building or structure shall not be constructed or
repaired except in conformity with this zoning ordinance.
1106.3. Abuing.
A nonconforming building or structure may be moved on its own lot only under a Special
Exception. Such permit shall be issued only upon a finding by the Zoning Board that the proposed
movement reduces the degree of nonconformity to the maximum extent reasonably feasible, or
eliminates such nonconformity; but the building or structure shall in no case be moved on its own
lot in such a manner as to increase the degree of nonconformity. Where a nonconforming building
or structure is moved off its lot, it shall thereafter conform to the regulations for the
district in which it is located after it is moved. All new construction shall conform to all
conditions of the district in which it is located.
Sec. 1107. Nonconforming characteristics of use.
Where nonconforming characteristics of use exist, such as signs, offstreet parking and
loading, lighting, landscaping, or similar matters, such nonconforming characteristics of use may
continue except as provided below.
Nonconforming characteristics of use shall be construed as including those where the
nonconformity was created by ordinance adoption or amendment, as provided at section 1101.1, as
well as those where nonconformity was created by public taking or court order, as provided at
section 1101.2.
Where existing offstreet parking facilities are nonconforming to the requirements of these
regulations or any standards of the City of Miami relating thereto, no modifications may be
permitted which increase the degree of nonconformity, and the permit may require by the use of
conditions or safeguards such lessening of the degree of nonconformity as is reasonably feasible
in the circumstances of the case. Nonconforming uses shall meet the offstreet parking
requirements required by the first district in which they are permitted generally.
1107.1. Cluviges in nonoon fomaing charac teri s tics of use.
No change shall be made in any nonconforming characteristics of use which increase
nonconformity under applicable regulations but changes may be made, pursuant to a Class II
Special Permit which result in the same or a lesser degree of nonconformity.
1107.2. Signs.
The following provisions shall apply to signs as a nonconforming characteristic of use:
1107.2.1. Reraval in residential districts. In all residential districts,
nonconforming signs shall be removed within one (1) year of the effective date of
this ordinance or its amendment, or within that period such signs shall be made to
conform; provided, however, that nonconforming nonresidential uses in residential
districts shall be permitted to maintain signs as provided in regulations for the
first district in which such use would be conforming.
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1107.2.2. Pimuval in other districts. In any district other than residential, any
sign, billboard, or commercial advertising structure which constitutes a
nonconforming characteristic of use may be continued, provided no structural
alterations are made thereto, subject to the following limitations on such
continuance:
(a) Any such sign except a roof sign shall be completely removed from the
premises within five (5) years from the date it became nonconforming,
(b) Article XXIV, section 1, subsection 7 (a), and article XXVIII, section 3,
subsection 3 (a), Ordinance No. 6871, as amended, repealed by Ordinance No.
9500, as amended, the same being provisions dealing with roof signs and
requiring their termination and removal from the premises on which they are
located not later than twelve (12) years following the date they became
nonconforming, shall continue to be operative and given full force and
effect. All legal proceedings begun and all legal proceedings that might
have been begun under these provisions of Ordinance No. 9500, as amended,
prior to the repeal of Ordinance No. 9500, as amended, shall be given full
force and effect as though Ordinance No. 9500, as amended, had not been
repealed.
Sec. 1108-1110. Kepahs and maintenance; .Reserve
nd/oi- any baiiding o.- stiactat-e containing et nonconFoniiing use, work may be done 1,ent jilvviving up to twenty (20) percent oF the gross sqtnkre footage of t
involved).
buildingSec. H09. Unsafe nonconforming sti-achn-es;
,
ebullt except j,I confoninty with the egalations of the district in which it is iocated-.
Sec. IM. Reserved.
Sec. 1111. Casual, temporary, or illegal use does not establish nonconforming status.
The casual, temporary, or illegal use of land or water or structures, or land or water or
structures in combination, shall not be sufficient to establish the existence of a nonconforming
use or to create rights in the continuance of such use.
-es o,- buildings. Reserve
Sec. 1112. Requh
tenninetted o, made to conFon, with tile 1-egaiations of the dist, ict in which the building 1
iocated within twenty (20) years FI'oin the dette of adoption of this oi-dinance tiniess othenvise
Tpecifled In this oidineince.
Sec. 1113. Variances prohibited.
No variances from the provisions of this article are permitted, except as provided in
i;
secH on?66:2 article 7 and article 19.
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ARTICLE 12. FUNCTIONS AND RESPONSIBILITIES OF COMMISSION,
OFFICERS, AND BOARDS IN RELATION TO ZONING GENERALLY
Sec. 1200, Interpretation and enforcement.
Except where this zoning ordinance specifically by its terms places responsibility in
other officers or agencies, it is the intent of this zoning ordinance that questions of
interpretation of this ordinance shall first be presented to the Zoning Administrator, or to the
Director of the Planning, Building and Zoning Department pursuant to article -521, and questions
of enforcement of this ordinance shall first be presented to the Zoning Administrator; such
questions shall be presented to the Zoning Board on appeal from the decision of the Zoning
Administrator or the director of the Planning, Building and Zoning Department, and that further
review in such matters shall be as set out in articles 18 and 20 of this zoning ordinance.
Sec. 1201. Duties of City Commission.
Under this zoning ordinance, the City Commission shall have only the following duties:
(1) Considering and adopting or rejecting proposed amendments to or the repeal of this
zoning ordinance;
(2) Establishing and amending a schedule of fees and charges for the various actions
involved in the zoning process;
(3) Approving, approving with appropriate conditions or safeguards, or denying major
land use special permits;
(4) Reviewing, upon request, decisions of the Zoning Board when it serves in an
appellate capacity with respect to decisions of either the Zoning Administrator or
the Director of Planning, Building and Zoning; and
(5) Reviewing, upon request, decisions of the Zoning Board on variances and Special
Exceptions.
Sec. 1202. Duties of Planning Advisory Board.
duties.: Under this zoning ordinance, the Planning Advisory Board shall have only the following
(1) Serving as an advisory instrument to the City Commission in hearing and making
recommendations for those types of amendments to this zoning ordinance set out. as
being within board jurisdiction by article 22; and
(2) Reviewing, upon request, land use interpretations made by the Director of Planning,
Building and Zoning.
Sec. 1203. -Duties of Zoning Board.
Under this zoning ordinance, the Zoning Board shall have only the following duties:
(1) Serving as an instrument of review of decisions of the Director of the Department
of Planning, Building and Zoning in connection with the issuance of Class II
Special Permits and on matters of interpretation, determinations or other decision
making specifically placed in its hands by the terms of this zoning ordinance;
(2) Serving as an instrument of review of decisions of the Zoning Administrator in
matters of interpretation or enforcement or in connection with the issuance of
Class I or Class II Special Permits;
(3) Granting, granting with conditions and safeguards, or denying Special Exceptions;
207
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W
(4) Granting, granting with conditions and safeguards, or denying petitions for
variance to the terms of this zoning ordinance; and
(5) Making recommendations to the City Commission on those proposed amendments to this
zoning ordinance placed within the jurisdiction of the Zoning Board by article 22
` of this zoning ordinance.
Sec. 1204. Duties of the Director of the Department of Planning, Building and Zoning.
Under this zoning ordinance, the Director of Planning, Building and Zoning shall have the
following duties:
(I) Serving in an advisory capacity on zoning matters to the Planning Advisory Board,
the Zoning Board, the City Commission, and other officers or agencies of the city;
4 (2) Granting, granting with conditions and safeguards, or denying applications for
Class II Special Permits;
(3) Deciding matters of interpretation and making determinations specifically delegated
to its responsibility by the terms of this zoning ordinance; and
(4) Preparing and submitting reports required under the terms of this zoning ordinance.
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ARTICLE 13. SPECIAL PERMITS; GENERALLY.
Sec. 1300. Intent, generally.
In addition to zoning procedures and requirements relating generally to issuance of
building permits and certificates of use, a special permit system is hereby established. It is
intended that this system shall assure special examination, review, and findings by appropriate
agents, agencies, or bodies of the city in connection with proposed actions particularly
specified in this zoning ordinance.
Special permit procedures and requirements as set out herein are intended to apply in
relation to use, occupancy, location, construction, design, character, scale, or manner of
operation, or, the necessity for making complex or unusual determinations; also to assure
consideration of the particular circumstances of each case and the establishment of such
conditions and safeguards as are reasonably necessary for protection of the public interest
generally,. and protection of adjacent properties, the neighborhood, and the city as a whole.
A special permit is a grant of authority under the terms of this zoning ordinance from and
by "a designated agent, officer, or body of the city to an applicant for the use of property in
the manner set out in the grant of special permit.
Sec. 1301. Classes of special permits; intent; agent, agency, or body responsible for each;
referrals.
Four (4) classes of special permits are hereby established, ranging from those dealing
with uses,occupancies, and activities of a temporary nature or likely to have small but
potentially adverse impacts on adjacent and nearby properties to those with substantial effects
on neighborhoods and/or the city. They are ranked in the following order: Class I Special Permit
Class II Spaecial Permit Special Exception and Major Use Special Permit
When more than one special permit is required to address the same issue the highest
unkind hermit granted shall be considered sufficient.
Classes of special permits, their intent, and the agent, agency, or body responsible for
each and referrals are as follows:
1301.1. Class I �*ecial Pemrits; intent; administered by Zoning Mninistrator; nznrdatory
referrals.
It is intended that Class I Special Permits be required where specified uses or
characteristics of use are of a nature requiring mandatory technical determinations or reviews to
establish special conditions and safeguards. In general, such determinations and reviews will
normally be by agencies or officers other than the department of Planning, Building and Zoning,
and may involve matters such as design for traffic, parking and loading facilities, health and
environmental considerations, and legal determinations.
1301.1.1. Mninistration by Zoning Adninistrator. The Zoning Administrator shall be
solely responsible for the administration and processing of applications for. Class
I Special Permits, and for determinations thereon. Decisions of the Zoning
Administrator regarding Class I Special Permits shall be affected and limited by
reports received on referrals as provided in sections 1401 and 1402. (See article
14.)
1301.2. Class II ,Special Permits; intent; determinations by Director of L+4wrturent of
Plmining, 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 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
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209
1301.3. 4)ecial Aveptions,
1301.3.1. Intent. Within the city generally, or within certain zoning districts,
certain structures, uses, and/or occupancies specified in this ordinance are of a
nature requiring special and intensive review to determine whether or not they
should be permitted in specific locations, and if so, the special limitations,
conditions, and safeguards which should be applied as reasonably necessary to
promote the general purposes of this zoning ordinance and, in particular, to
protect adjoining properties and the neighborhood from avoidable potentially
adverse effects. It is further intended that the expertise and judgment of the
Zoning Board be exercised in making such determinations, in accordance with the
rules, considerations, and limitations relating to Special Exceptions. (See
article 16.)
Formal public notice and hearing is mandatory for Special Exceptions.
1301.4. Ab,jor use special pemu ts; intent; determinations by City Omlissicn; referrals.
It is intended that Major Use Special Permits be required where specified uses and/or
occupancies involve matters deemed to be of citywide or areawide importance. '
The City Commission shall be solely responsible for determinations on applications for
Major Use Special Permits. (See article 17.)
The Director of the Department of Planning, Building and Zoning shall make recommendations
on all applications for Major Use Special Permits and for any amendments thereto and shall
transmit said applications and recommendations to the Planning Advisory Board for its
recommendations and may make referrals to other agencies, bodies, or officers for review,
analysis, and/or technical findings and determinations and reports thereon.
Sec. 1302.
Relation of special permits to building permits or certificates of use; to
initiation or maintenance of use or occupancy.
J _ Where building permits or certificates of use are required by this zoning ordinance or
other codes or ordinances of the city, no such building permit or certificate of use shall be
issued where this ordinance requires special permits unless and until any and all special permits
required have been obtained. Where uses or occupancies do not require building permits or
certificates of use, but are otherwise subject to requirements of this zoning ordinance, no such
use or occupancy shall be initiated or maintained unless and until any and all special permits
required herein in relation thereto have been obtained.
Sec. 1303. Special permits to be issued or denied in accordance with procedures, standards,
and requirements of this ordinance.
Special permits relating to this zoning ordinance shall be required only where specific
provision therefor is made by this zoning ordinance. No application for a special permit shall
be accepted or approved unless specific provision for the particular special permit appears in
this zoning ordinance.
Special permits in relation to zoning shall be issued or denied only in accordance with
the procedures, standards, and requirements of this zoning ordinance. Where applications for
special permits demonstrate that general and special standards and requirements for such special
permits are met, the agent, agency, or body of the city herein made responsible for the grant of
such special permit shall issue such permit, subject to conditions and safeguards required in the
particular circumstances of the case and as authorized and limited at section 1306, "Conditions
and safeguards," below.
i Where applications for special permits indicate that actions proposed therein, or the
i
manner in which they are proposed to be conducted, do not meet the standards and requirements of
this ordinance, and could not practically and reasonably be made to do so by attachment of
conditions and safeguards so authorized and limited, such applications and permits shall be
denied.
1303.1. Action to be taken within tima limits specified.
Time limitations set out herein involving actions by the Zoning Board, the Planning
Advisory Board or the City Commission shall not be applicable during the thirty-one (31) days of
August.
is
210 1063
R
Sec. 1304^ Applications for special permits, generally.
1304.1 6i" ioations Moi- its; tdien filed, tdionqv file.
Except when specifically opt out otherwise in this zoning ordinance, applications for
special permits shall be filed with administrative officials designated by the City Manager and
such designees are charged with responsibility for their roceipt, foe collection, pronnon1nU,
and/or distribution.
The property owner shall also be subject to the following disclosure requirements:
'. [1) Applicant shall show proof of any pending code enforcement actions or municipal
�liens on the property.
'
(2) Corporate applicant shall show proof at each level of public hearing that it is in
good standing, qualified to do business and doing business in Florida.
^`
For special permits affecting u pmperty, applications may be filed only ` � the propertyproperty!!, uwnor, its 'formally designated agent, or a lessee with formal and legally sufficient consent of
the . and applications may be made only for special permits specifically authorized
and/or required by this zoning ordinance gnnerally, or for the district involved.
1304.2. 'Application fonnn torynnterialo,
Applications for special permits shall be made on forms provided for the purpose and shall
be accompanied by such plans, roports, or other information, exhibits, or documents as may be
reasonably required to make the necessary findings �n the case
^
1304.2.1. 6pplioatiom /onin; moter/o/o that moy be 'red. Where applicable to the
activity or development for which special permit is requested and where necessary �
to decision on the application for special pnrmit, any of the following items may
be required: `
.'
(n) Statements of ownership and control of the proposed development or activity.
`
(b) Statement describing in detail the character and intended use of the
development or activity.
,
(c) General location map, showing relation of the site or activity for which
special permit is sought to major strpets, sohuols, existing utilities,
shopping areas, important physical features in and adjoining the project o
activity and the like.
(d) A site plan containing the title of the project and the names of the project
planner and developer, date, and north arrow and, based on an exact survey of
the property drawn to a scale of sufficient size to show:
' (l) Boundaries of the project, any existing streets, bu1ldings. '
watercourses, easements, and section linos;
(2) Exact locution of all buildings and structures;
(3) Access and traffic flow and how vehicular traffic will be separated
from pedestrian and other types of traffic; �
�
(4� Offytraet parking and offutrnot loading ` ' areas;
(5) Recreation facilities locations; �
`
(6) All screens and buffers;
(7) Refuse collection areas; and
(8) Anne»o to utilities and points of utilities hookups, �
(n) Tabulations of total gross uornaUo in the project and the percentages thereof
proposed to be devoted to:
(l) The various permitted uses; and �
`
x �
�� �J d� �� � '
�� «v �� �� ^» ,
�..'
211
,
(2) Ground coverage by structures.
(f) Tabulation showing:
(1) The derivation of numbers of offstreet parking and offstreet loading
spaces shown in (d) above; and
(2) Total project density in dwelling units per acre.
(g) If common facilities (such as recreation areas or structures, private
streets, common open space, etc.) are to be provided for the development,
statements as to how such common facilities are to be provided and
permanently maintained. Such statements may take the form of proposed deed
restrictions, deeds of trust, homeowners' associations, surety arrangements,
or other legal instruments providing adequate guarantees to the city that
such common facilities will not become a future liability of the city.
(h) Storm drainage and sanitary sewerage plans.
(i) Architectural definitions for buildings in the development; exact number of
dwelling units, sizes, and types, together with typical floor plans of each
type.
(j) Plans for signs, if any.
(k) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation and future
maintenance.
(1) Plans for recreation facilities, if any, including location and general
description of buildings for such use.
(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
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 planner as may be appropriate
to the particular item.
1304.2.2. Applicatiaz forms; cmpletion before processing. For purposes of
establishing time limitations on processing, no application shall be deemed to have
been filed unless and until the applications shall have been completed; all plans,
reports or other information, exhibits, or documents required by this zoning
ordinance or administrative rules adopted pursuant hereto shall have been provided;
and all fees due at time of filing shall have been paid.
1304.2.3. Application fomis; scgivlenentauy nnterials. During processing of any
application, if it is determined by the designated agent, agency, or body of the
city, that in the particular circumstances of the case additional information is
required to make necessary findings bearing on its approval, denial, or conditions
and safeguards to be attached, such information may be requested. Failure to
supply such supplementary information may be used as grounds for denial of the
permit.
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.
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1305.1. ItWress and egress.
Due consideration shall be given to adequacy of 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 consideration 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. r*fuse and service areas.
Due consideration 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.
1305.4. Signs and lighting.
Due consideration 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 consideration 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. Aiainage.
Due consideration 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 shall 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 consideration of detailed items indicated above, as appropriate to the
particular class or kind of special permit and the circumstances of the particular case, due
consideration 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 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.
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the city designated by this zoning ordinance as having
responsibility for issuance or denial of each of the classes of special permits set out in this
article 13 shall have authority to attach to the grant of any such special permit such conditions
213 10863
and safeguards as may be necessary for the purposes of this zoning ordinance in the particular
case.
Such conditions and safeguards, if attached to grant of special permit, shall be based
upon and consistent with considerations and standards applicable to the class or kind of special
permit involved as set out in section 1305 of this ordinance, "Considerations generally; findings
and determinations required," and in other provisions relating to the particular class or kind of
permit. The requirement for any such conditions or safeguards shall be supported by stated
reasons therefor, based upon such considerations and standards, and no such condition or
safeguard shall establish special limitations and/or requirements beyond those reasonably
necessary for the accomplishment of the purpose for which the condition or safeguard is attached.
Failure to comply with conditions and safeguards, when attached to grant of special
permit, shall be deemed a violation of this zoning ordinance.
Sec. 1307. Notice and hearing generally; availability of recommendations; records.
It is the intent of this zoning ordinance that requirements herein set out for notice and
hearing, whether formal or informal, for the several types of special permits are to be deemed
sufficient for meeting the standards of due process for the specific permit for which application
is made.
1307.1. Infomrttiwt at ultidt decision is based to be public and available to oWlicon t.
Each agent, agency, or body of the city responsible for decision on special permits shall
afford to the applicant full information on which the decision of the agent, agency, or body of
the city is based; and full opportunity shall be given to the applicant, prior to reaching final
adverse or conditional decision, to provide additional information of a rebuttal nature. All
information on which the decision of the agent, agency, or body of the city is based in addition
to the decision shall be available to the public in accordance with state law.
1307.2. Required record of formal hearings, infomnl conferences.
Records shall be maintained of any formal or informal hearing or conference in connection
with special permits, and the same shall be a public record. Such records shall include, but not
be limited to, all material necessary for decisions, supporting conditions, and safeguards, if
any, attached to special permits, and to any agreements established in relation thereto, or to
any disagreements and reasons therefor. On payment of any costs involved in reproduction, copies
of allorportions of such records shall be made available to applicants and other interested
parties on request.
Sec. 1308. Actions following decisions on special permits.
Following decisions on special permits, the following actions shall be taken promptly:
1308.1. Mti ficatirnt of decisions.
Where special permits are approved, with or without conditions, or denied, applicants
shall be so informed in writing, with a summary of the reasons therefor and notice that complete
records on the case are available in a location specified, and are public records.
1308.2. 1lbtification of affected agencies or officials of decisions; actions follavirrg such
notification.
Where special permits are approved or denied, affected agencies or officials shall be
informed, by copy of the permit, including any conditions and attached thereto.
As appropriate to the circumstances of the case, upon such notification, such agencies or
I officials shall proceed to decide concerning any building permit, occupancy permit, or other
action dependent upon issuance of the special permit, without further action by the applicant
therefor, and/or shall make such entries or records as are necessary for efficient performance of
their duties with regard to administration, inspection, or enforcement in the case.
Sec. 1309. Permits apply to property, not person.
When granted, a special permit under any of the classes of special permits set out in
section 1301 of this ordinance above, together with any conditions or safeguards attached
I_
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NO
thereto, shall apply to the land, structure, or use for which it was issued, and shall be binding
upon heirs and assigns, unless abrogated or altered in the manner set forth in this ordinance.
i Sec. 1310. Withdrawal of application for certain classes of permits; effect of withdrawal.
An application for a Class I or a Class II special
p permit may be withdrawn by the
applicant at any time prior to decision without limitation on resubmittal but if withdrawn after
the final decision has been issued substantially the same application shall not be considered
within twelve (12) months of date of withdrawal. An application for a Special Exception or a
Major Use Special Permit may be withdrawn at any time, but if withdrawn after the public hearing
has been convened at which it was to be considered by the City Commission, substantially the same
f application shall not be considered within twelve (12) months of date of withdrawal.
Sec. 1311. Appeals from decisions on special permits.
Any person or persons, jointly or severally, aggrieved by the decision of any agent,
agency, or body of the city in granting, granting with conditions or safeguards, or denying a
special permit, or any officer, department, board, commission, or bureau of the city, may seek
review of such decision in the manner set out in this ordinance and the applicable laws of -
Florida for the permit involved.
1311.1. l?viau of decisions for Class I or II special penru ts.
Review of decisions made for Class I or I1 special permits shall be by appeal to the
Zoning Board in the manner set out in articles 18 and 20 of this zoning ordinance.
j
1311.2. A?viau of decisions for ecial Exceptions.
Review of decisions made by the Zoning Board for Special Exceptions shall be in the manner
j set out in article 20 of this zoning ordinance.
(' 1311.3. Ravieu of decisions for Mjor Use Special Pen ni ts.
Review of decisions made by the City Commission for Major Use Special Permits shall be in
the manner set out in article 20 of this zoning ordinance.
j
I
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ARTICLE 14. CLASS I SPECIAL PERMITS;
DETAILED REQUIREMENTS
Sec. 1400. Regulations applying.
Issuance, issuance with conditions and safeguards attached, or denial of Class I Special
Permits, is governed by regulations applying to special permits generally as set out in article
13 of this ordinance, regulations applying to particular uses or occupancies appearing in the
official schedule of district regulations, regulations applying to particular uses and
occupancies that may be set out elsewhere in this zoning ordinance, and regulations set out in
this article.
Sec. 1401.
Class I Special Permits; informal notice and hearing; time limitations; referrals;
conferences.
1401.1. 11b fomxal public notice or hearing.
No formal public notice and hearing is required in connection with Class I Special Permit
procedures.
However, at the time of initial application, the applicant shall notify in writing the
official representative of all known neighborhood and/or home owner associations potentially
affected by the application, by certified mail with return receipt requested, and shall submit
with the application said receipt(s), except in the case of signs where no notice is required.
1401.2. Class I L$ecial Pi?nnits, nundatory referrals; tmn limits on returns.
Within five (5) calendar days of receipt of applications for Class I Special Permits, by
the Zoning Administrator it shall make the referrals to other officers, agencies, or department`
required by this zoning ordinance. The applicant shall be notified in writing of the reasons for
such referrals, and the same shall be a part of the permanent record in the case.
Reviews, analyses, and/or technical findings requested by such referrals shall be returned
to the Zoning Administrator within ten (10) calendar days of the reference, unless the applicant
and. the Zoning Administrator shall mutually agree to a time extension in writing and for good
cause shown; in which case the extension and its length shall be noted on the referral.
1401.3. Class I *ecial Pemdts; notification concerning intended decisions; time lundts u3rert
referrals are mode.
Where referrals are made, the Zoning Administrator shall notify the applicant in writing
of the intended decision and the reasons therefor within fifteen (15) calendar days of the
receipt of the application for Class I Special Permit unless a longer period is specified by
mutual consent in writing and for good cause shown by the applicant and the Zoning Administrator,
i but in no event shall such notification of intended decision be made before the reports,
analyses, and/or technical findings required by this zoning ordinance of the referenced officers,
agencies, or departments have been received by the Zoning Administrator.
1401.4. Request by applicant for conference; tiler lindtation; applicant to ltaUe access to
record.
Within five (5) calendar days of receipt of such notification, under section 1401.2 or
1401.3 of this ordinance as the case may be, the applicant may request a conference between the
applicant and/or the applicant's agent and the Zoning Administrator and such representatives of
the referenced officers, agencies, or departments as the applicant desires, for the purpose of
presenting additional facts, argument, information, or data in support of the applicant's
position.
Prior to such conference, the applicant shall be given full opportunity to examine all
reports submitted on referrals in the case, as provided at section 1307.1 of this ordinance,
"Information on which decision is based to be public and available to applicant."
1 1401.5. Zoning Mninistrator to arrange conference, conference to be convened; effect of
failure to appear.
Upon request for such a conference, the Zoning Administrator shall be responsible for
informing representatives of those referenced officers, agencies, or departments indicated by the
lapplicant, and for setting a mutually agreeable time for such conference.
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If any of the designated representatives fail to appear, the Zoning Administrator shall
enter such fact in the record on the case and proceed, with any other designated representatives
present, to hear the applicant, unless the applicant requests a postponement.
If the applicant fails to appear, the Zoning Administrator shall enter such fact in the
record on the case, and may either arrange another conference if the Zoning Administrator finds
adequate cause for the absence or proceed to make his decision as though the conference had been
held.
1401.6. LXcision of ZatingAcininistrator; tvne lirdtations; further actiaz an pemuts.
Within five (5) calendar days after such conference, or if no conference is requested,
within ten (10) calendar days after notification of intended decision, unless a longer period is
specified by mutual consent in writing and for good cause shown between the applicant and the
Zoning Administrator, the Zoning Administrator shall reach a final decision and shall notify the
applicant of such decision, with reasons therefor, and proceed as set forth at section 1308 of
this ordinance, "Actions following decisions on special permits."
Sec. 1402. Mandatory referrals.
1402.1. Reports required frmz other officials or departnmts.
Regulations set out in this zoning ordinance, or administratively adopted pursuant to it
and in accordance with its terms and purposes, require referral of the application for a Class I
Special Permit and related materials, or appropriate parts thereof, to other officials or
departments for review, analysis, and/or technical findings and determinations and reports
thereon, relating to their fields of specialization. The Zoning Administrator shall make such
referrals as are thus required, and no Class I Special Permit shall be granted without all
reports required in the particular case. Effect of such reports upon the final decision of the
Zoning Administrator is governed by section 1402.2 of this ordinance.
1402.2. Effect of required reports on issuance or denial of Class 14Xcial Remots; on
attaclment of conditions and safeguards.
Where a report based on required review, analysis, and/or technical determination
indicates that granting the special permit in accord with the application, with or without
conditions and safeguards, would be contrary to the terms, requirements, or purposes of this
ordinance, the Zoning Administrator shall deny the application.
Where such report indicates that the application is in conformity with the terms,
requirements, and purposes of this ordinance, or that specified conditions and safeguards, if
attached, would result in such conformity, the Zoning Administrator may grant the special permit,
but shall include any conditions and safeguards specified. It is expressly provided, however,
that favorable reports from any or all of the officials or departments to which mandatory
referrals are made shall not require issuance of a Class I Special Permit if the Zoning
Administrator determines that there remains just and adequate cause for denial based on the
failure to meet the required standards.
Sec. 1403. Appeals.
See Article 18.
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ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS.
Sec. 1500. Regulations applying.
Issuance, issuance with conditions and safeguards attached, or denial of Class II Special
Permits, is governed by regulations applying to special permits generally as set out in article
13 of this ordinance, regulations applying to particular uses or occupancies appearing in the
official schedule of district regulations, regulations applying to particular uses and
occupancies that may be set out elsewhere in this zoning ordinance, and regulations set out in
this article.
Sec. 1501. Informal notice and hearing.
No formal public notice and hearing is required in connection with Class II Special Permit
procedures except as follows:
At the time of initial application, the applicant shall notify in writing all abutting
property owners including those across a street or alley, by certified mail with return receipt
requested, and shall submit with the application said receipt(s), except in the case of
applications for signs where no notice is required.
In addition, at the time of initial application, the applicant shall notify in writing the
official representative of all known neighborhood and/or home owner associations potentially
affected by the application, by certified mail with return receipt requested, and shall submit
with the application said receipt(s), except in the case of signs where no notice is required.
In the case of adjacent condominiums, only one notice to the Condominium Association will
be sent.
Sec. 1502. Referrals time limitations.
Within seven (7) calendar days of receipt in the office of an application for Class II
Special Permit, the Director of the Department of Planning, Building and Zoning shall make
referrals to such other officers, agencies, or departments as are required in the case by this
zoning ordinance or which are, in the director's judgment, necessary to proper disposition of the,
application. Reviews, analyses, and/or technical findings in such cases shall be returned to the
office within ten ,(10) calendar days of the date of the director's referral except on referrals
to, any city board where referrals shall be returned to the office of the Director of Planning,
Building and Zoning within seven (7) calendar days after the date of said board meeting., unless
the applicant and the director shall mutually consent to a longer period specified in writing for
good cause shown.
The director shall give full consideration to advice or information received as a result
of such referrals in arriving at his decision.
Sec. 1503. Time limitations; conferences; notification of decision.
1503.1. Mtification concezyting intended decisions; time limitations.
The Director of the Department of Planning, Building and Zoning shall notify the applicant
of the intended decision within the following time limits, except where a longer period is
specified by mutual agreement between the applicant and the director, in writing and for good
cause shown.
1503.1.1. Mti fications concerning intended decisions; time limits ud th. no referrals.
If no referrals are involved in connection with the application, the Director of
the Department of Planning, Building and Zoning shall give the applicant written
notice of the intended decision, stating the reasons therefore, to the applicant
within ten (10) calendar days of receipt of the application in the office.
1503.1.2. Mtification concerning intended decision; timz lunits with referrals:
Where referrals are made, the Director of the Department of Planning, Building and
Zoning shall give written notice of the intended decision, stating the reasons
therefor, to the applicant within twenty (20) calendar days of receipt of the
application in the office. When referrals to any city board are made, the Director
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of the Department of Planning, Building and Zoning shall give written notice to the
applicant of the intended decision, within ten (10) calendar days of said board
meeting; in cases of no quorum, the Planning, Building and Zoning Director may
waive review by said board.
1503.2. .Fpcest by applicant for conference; time limitation, applicant to hate access to
record.
Within five (5) calendar days of receipt of such notification, the applicant may request
a conference between the applicant and/or the applicant's agent and the Director of the
Department of Planning, Building and Zoning and such representatives of the referenced officers,
agencies, or departments as the applicant desires, for the purpose of presenting additional
facts, arguments, information or data in support of the applicant's position.
Prior to such conference, the applicant shall be given full opportunity to examine all
reports submitted on referrals in the case, as provided at section 1307.1 of this ordinance.
103.3. Director of Dtpartnrnt of Planning, Building crud Zoning to arrannge conference, secure
attendance; conference to be convened; effect of failure to appear.
Upon request for such a conference, the Director of the Department of Planning, Building
and Zoning shall be responsible for securing attendance of representatives of those referenced
officers, agencies, or departments indicated by the applicant, and for setting a mutually
agreeable time for such conference.
If any of the designated representatives fails to appear, the director shall enter such
fact in the record of the case and proceed, with any other designated representatives present, to
hear the applicant, unless the applicant requests a postponement. The director shall note the
fact for the record and make the record otherwise required for discussion, with the absence of
the official constituting possible basis for reaching final decision.
If the applicant fails to appear, the director shall enter that fact in the record on the
case, and may either arrange another conference or proceed to make the decision as though the
conference had been held.
1503.4.
acision of Director of Ikpar•b»ent of Planning, Building and Zoning; tinia limitations;
further action at permits.
Within ten (10) calendar days after such conference, or if no conference is requested,
within ten (10) calendar days after the applicant receives notification of intended decision, the
Director of the Department of Planning, Building and Zoning shall reach a decision, unless the
applicant and the director shall mutually consent to a longer period specified in writing for
good cause shown, and shall notify the applicant of such decision in writing, with reasons
therefore, and proceed as set forth at section 1308, "Actions following decisions on special
permits."
All Class II Special Permits shall expire one (1) year after issuance.
Secs. 1504-1509. Reserved.
Sec. 1510. Class II Special Permit for preservation of natural or archeological features.
1510.1. Intent.
The preservation of natural features of land such as trees, vegetation, geological, and
other characteristics and the preservation of features of archeological significance is declared
to be in the public interest. If the requirements set out herein are met, said preservation
justifies the relaxation of certain otherwise applicable zoning regulations by granting a Class
II Special Permit for their preservation.
1510.2. Staruiards.
In addition to other applicable standards required to be met for the issuance of a Class
II Special Permit, the Director of the Department of Planning, Building and Zoning shall
determine that the tree(s), vegetation, other natural characteristic(s), or archeological
feature(s) is in the buildable area of the site and not in yard or setback areas required for the
development of the site before reaching decision to grant a Class II Special Permit for the
preservation of natural or archeological features:
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1510.2.1. Unutati.ons on types of regulations that nmy be relaxed, The requested
Class II Special Permit will be granted only for the relaxation of zoning
regulations pertaining to yards, required offstreet parking, height envelope, light
plane or open space requirements only.
1610.3. Rocedrues.
A written application shall be submitted for Class II Special Permits. In addition, the
following shall also be submitted:
1610.3.1. DWunstration of justification. A written statement justifying the
requested relaxation of otherwise applicable zoning regulations and providing
evidence that the natural or archeological feature sought to be preserved cannot be
relocated;
1510.3.2. llbtification of adjoining property auters. The applicant shall obtain from
all owners of property adjacent to or abutting the subject property a signed
statement demonstrating that the signer knows what the applicant is requesting. In
cases where the applicant is unable to obtain such signed statement, the applicant
shall notify and enclose a statement for the abutting or adjoining property
owner(s) by certified mail, return receipt requested. Such statements or requests
for same are a part of the application for the Class II Special Permit and the
application will not be deemed complete without them. Adjacent or abutting property
owners may, in addition, indicate their objection or approval of the application.
Such objections or statements of approval shall be considered by the Director of
the Department of Planning, Building and Zoning in reaching decisions, but'shall
not be binding upon the Director of the Department of Planning, Building and Zoning
in its decision.
1610.3.3. Site plcnt. A site plan indicating the existing natural or archeological
feature(s) by exact size, location on the site, common and botanical name (if any)
and a coded plant list (if any), and location of all proposed improvements,
including yard, and setback lines.
Sec. 1511. Class II Special Permit required for any development between Biscayne Bay and the
first dedicated right-of-way.
A Class II Special Permit shall be required for any development on property located
between Biscayne Bay and the first dedicated right-of-way pursuant to provisions and standards
contained in section 1305 of this ordinance (unless a Special Exception Permit or MUSP is issued
pursuant to article 13).
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ARTICLE 16. SPECIAL EXCEPTIONS;
DETAILED REQUIREMENTS
Sec. 1600. Regulations applying.
Issuance, issuance with conditions and safeguards attached, or denial of Special
Exceptions, is governed by regulations applying to special permits generally as set out in
article 13 of this ordinance, regulations applying to particular uses or occupancies appearing in
the official schedule of district regulations, regulations applying to particular uses and
occupancies that may be set out elsewhere in this zoning ordinance, and regulations set out in
this article.
{It is the intent of this ordinance that a grant of Special Exception is adequate and
sufficient to the particular circumstances and that no application for a variance will be
accepted which would attempt to alter a grant of Special Exception.}
Sec. 1601. Reserved.
Sec. 1602. Referrals; time limitation.
All applications for a Special Exception shall be referred to the Director of the
Department of Planning, Building and Zoning, and within ten (10) calendar days of receipt of the
application, the director shall make such referrals to other officers, agencies, or departments
as are required in the case by this zoning ordinance or which are, in the director's judgment,
necessary to the preparation of proper recommendations to the Zoning Board concerning disposition
.of the application.
Any reviews, analyses, and/or technical findings requested by such referrals shall be
returned by the referenced agencies to the office of the Director of the Department of Planning,
Building and Zoning within ten (10) working days of the date of the director's referral, unless
the applicant and the director shall mutually agree to a time extension in writing and for good
cause shown; and the referral shall note this requirement and the length of the extension, if
any.
Sec. 1603. Responsibility for recommendations; preparation of recommendations; time
limitations.
1603.1. Responsibility of Director of Ltparmant of Planning, Building and Zoning, Zoning
Bxu-d consideration.
The Director of the Department of Planning, Building and Zoning shall prepare
recommendations and submit them to the Zoning Board on each application for Special Exception,
and the Zoning Board shall give full consideration to his recommendations.
1603.2. Preparation of recomundations and time limitations.
The Director of the Department of Planning, Building and Zoning shall have thirty (30)
calendar days from the date of receipt of the application for Special Exception to prepare
recommendations and to cause the application and accompanying recommendations to be placed on the
agenda of the Zoning Board for consideration. Referrals to other officers, agents, or departments
shall not be cause for extending this time limitation, unless the applicant and the director
shall mutually agree to a time extension in writing and for good cause shown.
1603.3. Stcnzdards.
The recommendations of the director shall be based upon applicable guides and standards as
required generally by this ordinance and for the activity or situation proposed, and shall
contain written reasons therefor.
Sec. 1604. Submission of complete record to Zoning Board; availability for public
inspection.
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The Director of the Department of Planning, Building and Zoning shall submit to the Zoning
Board the application, written recommendations and reasons therefor, and all reviews, analyses,
and/or technical findings related to the case received during the referral process.
All such materials shall be a permanent part of the written and public record in the case
and shall be available for inspection, copying and written answer by the applicant, if desired,
not less than ten (10) calendar days prior to the meeting at which the matter is to be considered
by the Zoning Board. During this period and upon request, any other person, or any officer,
agency, or department of government shall have access to the record.
{Sec. 1605. Notices; hearings.
1605.1. llbtice on Lnecial Baceptions.I
Formal public notice and hearing, as provided in the Code of the City of Miami, section
62-55, subsections (1), (2), (3) and (4) shall be required in connection with Special Exceptions,
and a public hearing shall be held by the Zoning Board.
Seca 1606. Findings; decision; time limitations; further actions.
1606.1. Findings.
In its decision to grant an application for Special Exception, to grant with conditions
and safeguards, or to deny the application, the Zoning Board shall give full consideration to the
recommendations of the Director of Planning, Building and Zoning and shall make written findings
that the applicable requirements of this zoning ordinance have or have not been met, and the
board shall act in accordance with section 1303 of this ordinance, "Special permits to be issued
or denied in accordance with procedures, standards, and requirements of this ordinance."
1606.2. Tuna requirenents; limitations on extensions.
In granting any Special Exception, the Zoning Board shall, as a condition, specify a
reasonable limitation of time within which action under such special permit shall be begun or
completed, or both. Failure to meet such time limitations shall result in cancellation of the
special permit unless, on application to the Zoning Board and on due cause shown, the board shall
extend the time limitations originally set. Application for such extension shall be filed not
less than thirty (30) days prior to the date of the expiration. The application for extension of
time shall not require formal public notice, public hearing, or payment of fee, but shall be
considered by the board only in open meeting and as part of a previously prepared agenda. If
denied, the board shall state written reasons for the denial.
No original limitation shall be for more than one (1) year nor less than sixty (60) days.
No extension shall be granted for more than one (1) year, and not more than one (1) extension may
be granted for any Special Exception.
1606.3. Tare for reaching decision.
The board shall reach a decision at the meeting where the application for Special
Exception is heard and considered; provided, the board may delay a decision for not to exceed.
thirty-two (32) calendar days when it deems it necessary to require additional information on
which to base a decision; provided, further, time limits set out involving action by the Zoning
Board shall not be applicable during the thirty-one (31) days of the month of August.
Upon reaching a decision, actions shall be taken as required by section 1308 of this
ordinance, "Actions following decisions on special permits."
1606.4. Time limitation on further applications after denial of y5Dwial Exceptions.
When applications for Special Exceptions have been denied, the Zoning Board shall not
thereafter consider an application for the same type of Special Exception on all or any part of
the same property within one (1) year from date of denial.
Sec. 1607. Appeals.
Any person or persons, jointly or severally, or any board, agency, or officer of the city
aggrieved by a decision of the Zoning Board on an application for Special Exception may seek
review of such decision by the Zoning Board in the manner set out in article 20 of this zoning
ordinance and the applicable laws of Florida.
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ARTICLE 11, MAJOR USE SPECIAL PERMITS: DETAILED
REQUIREMENTS
Sec. 1700. Intent.
Because of their magnitude, character, or location, certain developments or redevelopments
within the city so impact the city and its residents that such activity is hereby declared to
require consideration and authorization by the City Commission before construction is undertaken.
Such development or redevelopment, as defined herein, has a substantial effect upon the health,
safety, and general welfare of the citizens and residents of the city. It is the intent of this
section that the detailed requirements set out herein for Major Use Special Permit and as may be
set out for particular Major Use Special Permits in the official schedule of district regulations
or elsewhere in this zoning ordinance be applicable to such developments or redevelopments in
addition to requirements and authority set out in article 13 applying to special permits
generally. It is further the intent of this article that the Major Use Special Permit shall be
an instrument for action by the Planning Advisory Board including all changes which may be
necessary in the adopted comprehensive plan, and upon the recommendation by the Zoning Board of
all changes in zoning district classifications or Special Exceptions or variances that would
otherwise be necessary to the accomplishment of the objectives sought in the application for
Major Use Special Permit.
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:
(1) Any residential development involving in excess of two hundred (200) dwelling
units;
(2) Non-residential uses, involving in excess of two hundred thousand (200,000) square
feet of floor area;
(3) Hotels involving in excess of -W 350 rooms;
(4) Hospitals involving in excess of 400 beds;
(5) Cemeteries involving in excess of 5,000 crypts;
(6) Recreational, cultural, or entertainment facilities involving in excess of fifteen
hundred (1,500) offstreet parking spaces;
(7) Any single use or combination of uses requiring or proposing to provide in excess
of five hundred (500) offstreet parking spaces;
{(8) Any Increased Development Bonus pursuant to section 914 of this ordinance;}
{(9) Any Planned Development District;}
{(H-8)}Any development which, by the terms of this zoning ordinance is required to secure
Major Use Special Permit approval; and
Any multi -phase oroiec
which in the aggregate reaches the above established thresholds shall_ be
authorized by Major Use Soec4a1 Permit only
_(10) Any project which due to a change in tenant mix within two vea f co plet, the
construction of the building exceeds IQ% of the above established thresholds,
shall be authorized by Major II- Permit only.
MajOl Use Special Pertttit-.
Sec. 1702, Procedures.
108S63
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Application for Major Use Special Permit shall be submitted and the following procedures
shall be followed and requirements met:
1702.1. Fr-egpplicatiai conference.
Before submitting an application for Major Use Special Permit, the prospective applicant
shall confer with a representative of the Director of the Department of Planning, Building and
Zoning to obtain information and guidance before initiating the process. No statement made or
information exchanged during such preapplication conferences shall be binding on the city or the
applicant. The director shall ensure that representatives of potentially affected city
departments or agencies are present at such conferences and shall, if deemed necessary, extend
invitations to attend and participate in such conferences to potentially affected agencies or
{ officers of Dade County, other special governmental units in Dade County, state or the federal
government.
Insofar as possible at the preapplication conference or conferences that may be held,
efforts shall be made for determining: (1) any referral to other governmental officers or
agencies that may be necessary either before or after filing application for Major Use Special
Permit; (2) issues and nature of issues that may arise; (3) information that may be necessary in
addition to that prescribed by this zoning ordinance, and (4) other matters that are deemed
pertinent to the application for Major Use Special Permit.
1702.2. Ppplicatiat; contatt.
Upon completion of the preapplication conference or conferences, the prospective developer
may file an application for Major Use Special Permit with the officer or agent designated by the
City Manager in the manner herein set out. Because of the potential differences in character,
magnitude, and location of developments requiring Major Use Special Permits, it is the intent of
this subsection that materials listed herein as required to be furnished with the application are
not to be deemed exclusive and that additional data may be required by the city, through its
boards, officers, agents, or the City Commission, upon showing of need for proper decision making
purposes.
Materials to be submitted with applications for Major Use Special Permit shall include
maps, plans, surveys, studies, and reports that may reasonably be required to make the necessary
determinations called for in the particular case, in sufficient copies for referrals and records.
More specifically, all of the following shall be required before the application for Major Use
Special Permit shall be considered to be filed for processing:
1702.2.1. Gawral report. Ag twral report uhich covers:
(1) Property ownership or ownerships and beneficial interest within the boundaries of
the area proposed for Major Use Special Permit;
(2) The nature of the unified interest or control;
(3) Survey of the proposed area showing property lines and ownership; existing
features, including streets, alleys, easements, utilities lines, existing land use,
general topography, and other physical features;
(4) Materials to demonstrate the relationship of the elements listed in (3) preceding
to surrounding area characteristics; and
(5) Existing zoning and adopted comprehensive plan designations for the area on and
around the lands proposed for Major Use Special Permit.
(6) Analysis demonstrating consistency and concurrency with the adopted Comprehensive
Neighborhood Plan.
1702.2.2. Mjor use special pen?dt concept plcon. A concept plan. for the area to be
covered by the Major Use Special Permit. The following topics or items shall be
required as they may be related to the proposed development:
(a) The concept plan shall demonstrate not only functional internal relationships
within the area to be encompassed but shall demonstrate in particular the
relationships of the concept plan to surrounding existing and proposed future
uses, activities, systems, and facilities (transportation, recreation, view
corridors, pedestrian systems, service systems, and similar uses).
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(b) As a part of the supporting data and material for the concept plan, the
applicant shall demonstrate how the concept affects existing zoning and
adopted comprehensive plan principles and designations and whether any
changes are required in the existing zoning and comprehensive plan. In
addition, such materials shall demonstrate any relationships to any special
permits, variances, or exemptions from this zoning ordinance or other city
regulations that are required in order to construct the development for which
the Major Use Special Permit is requested.
(c) It being the intent of this provision for a concept plan to require all data
reasonably necessary for determining whether or not the proposed development
meets the requirements of this zoning ordinance, information in addition to
that specified may be requested when necessary to make required
determinations; and such information shall be provided before further
processing proceeds.
1702.2.3. D?uelop7intal #»pact study. As a part of the required materials set forth in
section 1702.2.2 of this ordinance and in support of the concept plan or as a
separate element of the application for Major Use Special Permit, the applicant
shall submit a development impact study. However, no development impact study is
required if the development activity for which Major Use Special Permit is sought
constitutes a "development of regional impact," as defined by chapter 380, Florida
Statutes; provided, a copy of the submissions for approval of development as a
"development of regional impact" shall be filed as a part of the application for
Major Use Special Permit.
The development impact study shall demonstrate whether the impact of the proposed
development is favorable, adverse, or neutral on the economy, public services,
environment, and housing supply of the city.
1702.3. PWlicatiorz, 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 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.
Unless otherwise required by state law where the application is a development of regional
impact, or unless a longer time be mutually agreed upon by the director and the applicant in
writing, the director shall give notification in each referral made that any comments, analysis,
or recommendation must be received in the office of the director not more than thirty (30)
calendar days from the date of the letter to the applicant set out in the following paragraph.
Failure to respond to referrals will not be deemed to interrupt the process.
1702.4. Applicatiaz; iloti.fication of sufficiency of application.
Unless a longer time be mutually agreed upon by the director and the applicant, the
director shall, within thirty (30) calendar days of receipt of the application for Major Use
Special Permit from the officer or agency designated by the City Manager to receive the
application, notify the applicant in writing of the sufficiency of the application and its
supporting data or -to state to the applicant the deficiencies of the application and the measures
necessary to correct those deficiencies. In the case of deficiencies and upon receipt of the
notification of the director, (1) the applicant may agree in writing with the director as to all
or some of the deficiencies and the director and the applicant shall agree upon a mutually
satisfactory time frame to remedy such deficiencies, or (2) the applicant may request in writing
that the application go forward, stating any objections to all or portions of the director's
notification of deficiencies.
1702.5. Applicatiai; recamnadations of Director of I4)art7mt of Planning, Building and 7aaing.
Upon notification of sufficiency of application, or upon remedying by the applicant of
deficiencies in the application, or upon the applicant's request that the application go forward,
the Director of the Department of Planning, Building and Zoning shall, within not more than
twenty (20) calendar days of the date thereof prepare a report and written recommendations) in
the matter of the application. The director shall include any recommendations made by referenced
225 10803
agencies or officers and received in a timely manner, indicating agreement or disagreement with
such recommendations and the reason therefor. A copy of the director's report and recommendations
shall be furnished to the applicant not fewer than five (5) calendar days prior to the meeting of
the Planning Advisory Board required by sectiorLs 1702.6 and 1702.7 of this ordinance.
1702.6. Applications not involving zoning chconges, L-hecial Exceptions curd/or variances;
recomendations to Planning Advisory Board.
For applications not involving zoning changes, Special Exceptions and/or variances the
Director of the Department of Planning, Building and Zoning shall submit its recommendations to
the Planning Advisory Board at regularly scheduled public hearings of the board. Public notice
and hearing shall be required for Planning Advisory Board consideration of an application for
Major Use Special Permit. Upon consideration of the application, the Planning Advisory Board may
recommend approval or denial of the application and further concur or disagree with any or all of
the recommendations of the Director of the Department of Planning, Building and Zoning, and such
actions of the board shall be included as part of the record for transmission to the City
Commission.
1702.7. Applications involving zoning changes, Special Emeptions, and/or rxvri.ances;
recomn-idatiors to the Planning Advisory Pavel and Zoning Board.
For applications involving zoning changes, Special Exceptions and/or variances the
director of the Department of Planning, Building and Zoning shall submit his/her recommendations
first to the Planning Advisory Board and then to the Zoning Board at properly noticed regularly
scheduled public hearings of the boards. Upon consideration of the application, the Planning
Advisory Board may recommend approval or denial of the application and further concur or disagree
with any or all of the recommendations of the Director of the Department of Planning, Building
and Zoning, and such actions of the board shall be included as part of the record for
transmission to the City Commission.
1702.8. Application; hearing by City awdssion.
Upon transmission to the City Commission of the recommendations of the Director of the
Department of Planning, Building and Zoning, the Zoning Board and/or the Planning Advisory Board,
the commission shall set a date or dates for public hearing on the application, in the manner set
out in section 62-55(1), (2), (3), and (4) of the Code of the City of Miami, and any amendments
thereto. If the approval of the application will involve a change in the adopted Miami
Comprehensive Neighborhood Plan, notice shall also be given in accord with the applicable
provisions of sections 163.3184 and 163.3187, Florida Statutes (1987), and any amendments or
revisions thereto. If the proposed development is one of regional impact under chapter 380,
Florida Statutes (1987), notice shall also be given as required by section 380.06, Florida
Statutes (1987), and any amendments or revisions thereto.
The public hearing shall be held, unless the application is withdrawn as provided by
section 1310 of this ordinance.
Sec. 1703. Commission disposition of application; consideration of recommendations; findings
required.
The City Commission may approve an application for Major Use Special Permit as submitted,
deny the application as submitted, or approve the application with attached modifications,
conditions, or safeguards, giving full consideration to the recommendations of boards, agencies,
or departments.
In reaching a decision on the application as submitted, the commission shall make a
determination as to whether:
(a) The development will be in conformity with, or necessitate a change in, the adopted
Miami Comprehensive Plan; and
(b) The development is in accord with, or will necessitate a change of, the district
zoning classification.
In arriving at such determinations, the commission shall consider, where applicable, the
standards and criteria set forth in section 1305 of this ordinance, and the standards set by this
ordinance applicable to the particular actions or changes proposed, as well as the following
standards:
(1) Whether the development will have a favorable impact on the economy of the city;
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(2) Whether the development will efficiently use public transportation facilities;
(3) Whether the development will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment;
(4) Whether the development will efficiently use necessary public facilities;
(5) Whether the development will have a favorable impact on the environment and natural
resources of the city;
(6) Whether the development will adversely affect living conditions in the
neighborhood; and
(7) Whether the development will adversely affect public safety.
Before approving the application, the commission shall state that, based on its
determinations, the public welfare will be served by the proposed development; and shall clearly
list its findings on the proposed development derived from section 1305 and (1) through (7),
above.
When a complete application for Major Use Special Permit is approved as submitted, or
approved with attached modifications, conditions, or safeguards, the action of the commission
shall specify clearly and order any changes in the Comprehensive Plan; any changes in zoning
classification or other city ordinances or regulations; any further implementing actions and if
so, their nature and requirements; and specifications as to timing of development under the Major
Land Use Special Permit.
Sec. 1704. Effect of City Commission approval of application.
conditions, Major
safeguards Special
pe ialthPermit City as approved,
or approved with attached modifications,
condit) (the "approved Major Use Special Permit or
shall be binding upon the applicant or applicants and any successors in interest, so
long as the Major Use Special Permit remains in effect.
Major Use Special Permits shall be issued for a period of two (2) years, subject to
renewal for subsequent two year periods.
Sec. 1705. Construction permits.
Permits for construction under Major Use Special Permit shall conform to the approved
application and the terms on which it was granted. Final construction plans shall be reviewed by
the Director of Planning, Building and Zoning for conformity with the application as granted.
Sec. 1706. Changes in approved Major Use Special Permit.
Changes in a MUSP may be permitted after application to the Director of the Department of
Planning, Building and Zoning by the original applicant or successors in interest. Upon receipt
of such an application for change, the Director of the Department of Planning, Building and
Zoning shall, in the case of Developments of Regional Impact pursuant to Chapter 380.06, Florida
Statutes (1987), as amended, prepare a statement demonstrating whether or not the proposed
changes should be considered to be substantial deviations, as set forth in the Florida Statutes
and follow the procedures as defined in Chapter 380.06, Florida Statutes (1987) as amended,
provided that the determination of substantial deviation requires the recommendations of the
Director of the Department of Planning, Building and Zoning, and the Planning Advisory Board and
approval of the City Commission, following public notice and hearing as required by the Florida
Statutes.
In the case of proposed changes to Major Use Special Permits, the Director of the
Department of Planning, Building and Zoning shall refer the application to the Zoning
Administrator, who shall determine whether such changes are substantial changes, as defined in
Section 2215.1 of this ordinance. If so, the Director of the Department of Planning, Building
and Zoning shall prepare a statement demonstrating whether or not such changes would meet the
same requirements as for the original approval. The director shall transmit such statement,
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together with recommendations on the proposed changes, to the Planning Advisory Board. Such a
statement on substantial changes, as defined, shall not require formal public notice and hearing
before the Planning Advisory Board. An officer or agent designated by the City Manager shall
notify the applicant by registered mail posted not less than ten (10) calendar days prior to the
meeting of the Planning Advisory Board at which the application for substantial change is to be
considered, of the date, time and place of the meeting, and indicating further where the
applicant may inspect, and copy if desired, the recommendations of the Director of the Department
of Planning, Building and Zoning. The officer or agent shall similarly notify by regular mail,
posted on the same date as the registered communication to the applicant, any other person and
persons who have signified their interest in the matter.
If the Zoning Administrator determines that the proposed changes are non -substantial, the
Planning, Building and Zoning Director shall be responsible for review and approval or denial, or
approval with conditions of the amendments.
Upon the transmittal of recommendations of the Planning Advisory Board to the City
Commission, the commission may take such action as is appropriate in the matter; provided, if the
commission has not acted after two (2) regular meetings of the commission have been held
following receipt of application for change, the recommendations of the Director of Planning,
Building and Zoning shall be deemed to have been approved.
Where requests for changes are made that are found not to be within the requirements for
original approval, application for such changes shall be made as for an original application for
major land use special permit.
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Sec. 1707. Review of Commission actions.
Review of actions of the City Commission in approving Major Use Special Permits, denying
Major Use Special Permits, or approving or denying changes in previously approved Major Use
Special Permits shall be by a court of appropriate jurisdiction, as provided by law.
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ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING
Sec. 1800, Generally.
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Appeals to the Zoning Board may be taken by any person aggrieved or by any officer, board,
or agency of the city affected by:
(1) Any decision of the Zoning Administrator, including but not limited to decisions
involving interpretation of this zoning ordinance and decisions on Class I Special
Permits, or
(2) Any decision of the director of the Department of Planning, Building and Zoning,
including but not limited to decisions involving Class II Special Permits.
Sec. 1801. Status of administrative decision; time limits on appeal; filing of appeal.
Decisions of the Zoning Administrator or the director of the Department of Planning,
Building and Zoning shall be deemed final unless a notice of appeal is filed, within not more
than fifteen (15) calendar days of the date such decision was rendered. Such notice of appeal,
specifying the grounds thereof, shall be filed with an officer or agent designated by the City
Manager.
Sec. 1802. Transmittal of notice and record.
The officer or agent designated by the City Manager shall promptly transmit the notice of
appeal to the Zoning Administrator or the Director of the Department of Planning, Building and
Zoning, as the case may be. The officer from whom the appeal is taken shall forthwith transmit
to the Zoning Board all the materials constituting the record upon which the decision appealed
from was taken.
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Sec. 1803. Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the Zoning Board, after the officer has
received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in
the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall
not be stayed otherwise than by a restraining order issued by the Zoning Board or by a court of
competent jurisdiction, on notice to the officer from whom the appeal is taken and on due cause
shown.
Sec. 1804. Setting hearing dates; notice.
The officer or agent designated by the City Manager.shall set a date for the hearing of
the appeal, which shall not be more than forty-five (45) calendar days from the date the notice
of appeal was filed; provided, the time limitation herein set out shall not apply during the
thirty-one (31) days of the month of August. Notice of such date shall be given to the appellant
by certified mail. Notice by mail at least fifteen (15) calendar days in advance of the hearing
shall be given to any person who, at any stage in the proceedings including that time prior to
decision by the administrative official, have in writing indicated their desire to be notified.
Sec. 1805. Availability of records.
All records in the matter of the appeal shall be open to the appellant and any other
interested persons, so that all persons concerned shall have full opportunity to prepare for the
hearing of the appeal.
Sec. 1806. Nearing; powers of Zoning Board.
The Zoning Board shall conduct the public hearing on the appeal. Any person may appear by
agent or attorney. All materials transmitted to the Zoning Board upon the notice of appeal shall
be a part of the record in the case. New materials may be received by the Zoning Board where such
materials are pertinent to the determination of the appeal.
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In exercising authority to review the decision of the administrative official, the Zoning
Board shall have all the powers of the officer from whom the appeal is taken and, in conformity
with the provisions of law and this zoning ordinance, reverse or affirm, wholly or in part, or
may modify the decision appealed from and may make such decision as ought to be made. The
concurring votes of five (5) members of the Zoning Board shall be necessary to reverse any
decision of such administrative official, or to decide in favor of the appellant.
Seca 1807. Review of decision of Zoning Board.
Review of decisions of the Zoning Board on matters covered by this article shall be as set
i out in article 20 of this zoning ordinance.
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ARTICLE 19. APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE
Sec. 1901. Variance defined; limitations.
A variance is relaxation of the terms of the ordinance where such action will not be
contrary to the public interest and where, owing to conditions peculiar to the property and not
the result of actions of the applicant, a literal enforcement of this ordinance would result in
unnecessary and undue hardship on the property. As used in this ordinance, a variance is
authorized only for height, lot coverage, dimensions of yards, parking, other open spaces and/or
loading requirements
fit is the intent of this ordinance that a grant of Special Exception, under article 16 of
this article is adequate and sufficient to the particular circumstances and that no application
for a variance will be accepted which would attempt to alter a grant of Special Exception.}
A variance is not a special permit.
1901.1. Use, and specific conditions of use, and floor area ratio variances prohibited.
Under no circumstances shall the Zoning Board grant a variance to permit a floor area
ratio or a use not permitted under the terms of this zoning ordinance in the zoning district
involved, or any use expressly or by implication prohibited by the terms of this zoning ordinance
in the said zoning district, or to relax any specific condition(s) of use referred to in the
schedule of district regulations under the principal uses and structures and accessory uses or
under section 903.E of this ordinance, "Accessory uses".
1901.2. Abnoonf nd ties not grounds for grant of variance.
Nonconforming use of neighboring lands, structures, or buildings in the same zoning
district, and permitted use of lands, structures, or buildings in any other district shall not be
considered grounds for the granting of a variance.
Sec. 1902. Zoning Administrator not authorized to vary terms of ordinance; variance
authority vested in Zoning Board.
It is the intent of this zoning ordinance that the Zoning Administrator has no authority
to relax the terms of this ordinance. (See generally, section 2101.2 of this ordinance.)
Authority to grant variances is lodged in the Zoning Board, subject to procedures and standards
set out .in this zoning_ ordinance and applicable Florida law.
Sec. 1903. Requirements and procedures.
A variance from the terms of this zoning ordinance shall not be granted by the Zoning
Board unless and until every mitigating measure to offset the impact of the relaxed requirement
has been taken and:
.1903.1. Witten petition.
A written petition for a variance is submitted to the officer or agent of the city
specified by the City Manager demonstrating all of the following:
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district;
(b) The special conditions and circumstances do not result from the actions of the
petitioner;
(c) Literal interpretation of the provisions of this zoning ordinance deprives the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this zoning ordinance and works unnecessary and undue
hardship on the petitioner;
(d) Granting the variance requested conveys the same treatment to the individual owner
as to the owner of other lands, buildings, or structures in the same zoning
district;
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(e) The variance, if granted, is the minimum variance that makes possible the
reasonable use of the land, building, or structure; and
(f) The grant of the variance is in harmony with the general intent and purpose of this
zoning ordinance, and is not injurious to the neighborhood, or otherwise
detrimental to the public welfare.
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Documents, reports, studies, exhibits, or other written or graphic materials, if any, to
be used by petitioner in support of the petition and in demonstration of any or all of the above
requirements shall be submitted with the petition.
{1903.2. Mice of public hearing.
Notice of public hearing shall be given as set out in section 62-55 (1) through (4) of
-the Miami City Code.}
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_ 1903.3. Public hearing.
A public hearing shall be held by the Zoning Board.
1903.4. Findings required.
The Zoning Board shall make findings that all of the requirements and standards of section
1903.1 of this ordinance have been demonstrated by the petitioner for variance.
Sec. 1904. Conditions and safeguards.
1904.1. Board nxty prescribe conditions and safeguatzls.
In granting any variance, the Zoning Board may prescribe appropriate mitigating conditions
and safeguards in conformity with this zoning ordinance. Violation of such conditions and
i safeguards, when made a part of the terms under which the variance is granted, shall be deemed a
violation of this zoning ordinance and grounds for revocation of the variance.
1904.2. T07L, limitations.
In granting a variance, the Zoning Board shall as a condition or safeguard specify a
reasonable limitation of time within which application for building permit shall be made. In
addition, the Zoning Board may prescribe a reasonable limitation of time within which
construction shall be commenced or completed, or both. Failure to meet such time limitations
shall result in the cancellation of the permit for variance unless, on application to the Zoning
Board and on due cause shown, the board shall extend the time limitations originally set. Such
application shall be filed not less than thirty (30) days prior to the date of permit expiration
with the officer or agent of the city specified by the City Manager. The application for
extension of time shall not require formal public notice, public hearing, or payment of fee, but
the same shall be considered by the Zoning Board in open meeting and as a part of a previously
prepared agenda. If the application for extension of time be denied by the Zoning Board, it shall
state in writing its reasons for the action of denial. No original time limitation shall be for
more than one (1) year nor for less than sixty (60) days; and no extension of time limitation
shall be granted for more than one (1) year. No more than one (1) extension of time may be
granted for a specific variance.
Sec. 1905. Time limitations on refiling of petitions for variance denied.
1 Whenever action has been taken on a petition for variance on any property, the Zoning
Board shall not thereafter consider a petition for the same type of variance on all or any part
of the same property for a period of one year from the date of last decision.
Sec. 1906. Review of decisions of Zoning Board on variances.
Review of decisions of the Zoning Board on variances shall be as set out in article 20 of
this zoning ordinance.
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ARTICLE 20, STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY
CITY COMMISSION; COMMISSION POWERS; EXHAUSTION OF
ADMINISTRATIVE REMEDIES AND JUDICIAL REVIEW
Sec. 2001. Status.
Decisions of the Zoning Board, whether acting on matters of appeal from the Zoning
Administrator or Director of the Department of Plarning, Building and Zoning or acting in their
original jurisdiction on matters of Special Exceptions, or variances, are to be deemed final
unless, within fifteen (15) calendar days of the date of the board decision, a request for review
by the City Commission is made in the manner herein set out.
Sec. 2002. Filing request; payment of fees; who may file.
A request for review of a Zoning Board decision by the City Commission shall be filed with
an officer or agent designated by the City Manager stating the specific reasons for such appeal,
together with payment of any required fee. Such request may be filed by the applicant or
petitioner or by any person or persons, jointly or severally, aggrieved by the action of the
Zoning Board, or by any officer, department, board, commission, or bureau of the city.
Sec. 2003. Procedures.
The officer or agent receiving the request for City Commission review shall certify such
request through regular channels. Notice of commission hearing on the matter shall be given as
required originally for the particular type of permit or action for which commission review is
requested.
Sec. 2004. City Commission powers on review.
The City Commission on review shall have full power to affirm, reverse, or modify the
action of the Zoning Board.
Sec. 2005. Exhaustion of administrative remedies and judicial review.
Any appeal from the decision of the City Commnission may be taken by any person or persons,
jointly or severally, aggrieved by any decision of the City Commission by filing a notice of
appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in
accordance with the procedure and within the timo provided by the Florida Rules of Appellate
Procedure for the review of the rulings of any commission or board. It is the intent of the City
Commission that all steps as provided by the zoning ordinance of the City of Miami, Florida
("zoning ordinance"), be taken before any application is made to the court for relief; and no
application shall be made to the court for relief from decisions made pursuant to the zoning
ordinance unless the aggrieved party has first exhausted all remedies provided under the zoning
ordinance.
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ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES
Sec. 2101. Zoning Administrator responsible for administration and enforcement.
2101.1. Generally.
A Zoning Administrator, appointed by and responsible to the City Manager, shall be
responsible for administration and enforcement of this zoning ordinance, except as otherwise
provided herein, with such assistance as the City Manager may direct. It shall be the duty of all
employees of the city, and especially of all officers and inspectors of the Department of
Planning, Building and Zoning, the Fire and Rescue Department, and the Police Department, to
report to the Zoning Administrator any seeming violations.
2101.2. Lindtatio+n at powers of ZoningMninistra.tor in administration and enforcement.
The Zoning Administrator shall be guided and limited in findings and determinations, in
the issuance or denial of permits or certificates, in the attachment of any conditions and
safeguards, or in other actions relating to administration and enforcement of this zoning
ordinance, by the terms, provisions, and requirements set out herein, and shall not have the
power to waive, vary, or modify such terms, provisions, or requirements except where specifically
authorized to do so by this zoning ordinance and within limitations established by such
authorization.
Sec. 2102. Zoning requirements, procedures, limitations, and actions on building permits.
The Zoning Administrator shall be responsible for determining whether applications for
building permits as required by the building code are in accord with the requirements of this
zoning ordinance, and no building permit shall be issued without certification that plans and
applications conform to applicable zoning regulations. No license or permit shall be issued by
any department, agency, or official of the city for the use of any premises or the operation of
any business, enterprise, occupation, trade, profession, or activity which would, in any manner,
constitute a violation of this zoning ordinance.
2102.1. Plcnns to be st&d tied wi th applications
All applications for building permits as required herein or by the building code shall be
accompanied by plans in number of copies as necessary to meet the needs and requirements for
decision on the action requested, drawn to scale, showing as appropriate to the circumstances of
the case the actual shape and dimensions of the lot to be built upon; the exact size and location
on the lot of the building or buildings and accessory buildings and other structures existing or
to be erected or altered; the lines within which the building or structure is proposed to be
altered or erected; the existing and intended use of each building or structure as proposed to be
altered or erected; the existing and intended use of each building or part of a building; the
number of dwelling or lodging units the building is designed to accommodate; square feet of floor
area by type of use as required by determinations; the location and dimensions of access ways,
parking and loading areas, and the number of parking spaces; where more than one (1) lot and/or
parts of lots are combined for a building site, an instrument evidencing unity of title; and such
other information regarding the lot and building or buildings, and neighboring lots and
structures and uses thereon, as may be reasonably necessary to make required determinations and
provide for the enforcement of this zoning ordinance.
Where necessary for making such determinations and enforcement, the Zoning Administrator
may require that all dimensions on such plans relating to location and size of the lot and
buildings or portions of buildings thereon shall be based on a registered •land surveyor's
certified survey, reflecting current conditions.
2102.2. Processing applications; issuance or denial of pemdt.
The Zoning Administrator or the administrator's officially authorized agent shall examine
the plans and application to determine whether they are fully in accord with zoning requirements.
Upon an affirmative finding, certification of zoning compliance shall be entered on the plans and
on the building permit, and, if otherwise lawful, the permit shall be issued to the applicant,
together with one copy of the approved plan.
If the application and plan are not in full accord with zoning regulations, the
application shall be denied and the applicant notified in writing of the reasons for such denial.
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Sec. 2103. Zoning requirements, procedures, limitations, and actions on certificates of use.
2103.1. Pbr neu or altered structures and uses.
No person shall use or permit the use of any structure and/or premises hereafter created,
erected, changed, converted, enlarged or moved, wholly or partly, in use or in structure, until a
certificate of use reflecting use, extent, location, and other matters related to this zoning
ordinance shall have been issued to the owner or tenant. Where a building permit is involved
provision for such certificate shall be part of the building permit; in other cases, application
shall be made to the Zoning Administrator on forms provided therefor.
Such certificate shall show that the structure or use, or both, or the affected part
thereof, are in conformity with the provisions of this zoning ordinance. It shall be the duty of
the Zoning Administrator to issue such certificate (or to approve its issuance where final
responsibility for issuance lies with other officers or agencies) if he finds that all the
requirements of this ordinance have been met, and to withhold such certificate (or to prohibit
its issuance) unless he finds that all of the requirements of this zoning ordinance have been
met.
2103.2. Teipvr uy certificates of use.
A temporary certificate of use may be similarly applied for, issued, or approved for
issuance, or denied in accordance with general rules or regulations concerning such temporary
certificates. Such certificates may be issued for all or part of a building or premises, may
establish duration of occupancy, and may establish such conditions and safeguards as are
necessary in the circumstances of the class of cases or particular case to protect the safety of
occupants and general public. Where a building permit is involved, provision for such certificate
shall be part of the building permit; in other cases, application shall be made to the Zoning
Administrator on forms provided.
2103.3. Annual certificates of use for hore occtgm..tions in residential districts.
In connection with home occupations in residential districts, as defined in article 9,
section 906.5, annual certificates of use shall be required. Applications for such certificates,
on forms provided, shall be made to the Zoning Administrator. Such certificates shall cover the
period from January 1 through December 31 and shall be renewed annually.
2103.4 cntd 2103.E aserued.
2103.6. Certificates of use for other existing uses.
Any owner or tenant engaged in existing use of structures or premises (other than
nonconforming use) may, but shall not be required to, apply on forms provided for a certificate
of use certifying that such use is lawful under existing zoning regulations. Upon such
application, and after inspection to determine the facts in the case, if such inspection is
reasonably necessary, it shall be the duty of the Zoning Administrator to issue such certificate
if the administrator finds the use lawful, or to withhold the certificate and take such remedial
action as is appropriate in the circumstances of the case if the administrator finds otherwise.
2103.7. Certificates of use for buildings accessory to dwellings.
Where buildings or other structures accessory to dwellings are completed under the same
building permit as the dwelling and are to be used for purposes normally accessory to dwelling
use, no separate certificate of use shall be required.
Where buildings or other structures accessory to dwellings are completed- under different
building permits from the permit for the dwelling, a separate certificate of use shall be
required.
Sec. 2104. Structures and uses to be as provided in applications, plans, building permits,
certificates of use, end special permits in relation thereto.
Building permits or certificates of use issued by the Zoning Administrator on the basis of
plans and applications authorize only the use, arrangement, and construction set forth in the
approved plans and applications, subject to any conditions or safeguards attached thereto, and no
other. Use, arrangement, or construction at variance with that authorized, or failure to observe
conditions and safeguards, shall be deemed a violation of this zoning ordinance.
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Sec. 2105. Status of builder develon= permits or certificates of use issued prior to
adoption or amendment of ordinance.
Where lawful building development permits or certificates of use (or certificates having
the same purpose and effect) have been issued prior to the effective date of adoption or
amendment of this ordinance establishing new requirements as to construction, location, or use to
which such permit or certificate and applications and plans related thereto do not conform, the
following rules shall govern:
2105.1. Cbrinletion of lawful actions initiated prior to adoption or amonmt of ordinance;
tu»e limits for crnpletion of actions.
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Applications for building permits or for Certificates of Occ pancv shall be
considered in accordance with the provisions of Ordinance No. 9500 for a period of
one hundred eighty (180) days from the effective date of Ordinance No. 11000,
provided that complete applications (including all building plans, drawings,
surveys and legal documents required by applicable law, ordinance, statute or
regulation) have been filed with the appropriate city department prior to the
effective date of Ordinance No. 11000. Applicants for building permits shall be
permitted to make changes in the building plans and drawings only when so required
by the city as a result of its review of the applications, but no building permit
shall be issued pursuant to this paragraph after one hundred eighty (180) days from
the effective date of Ordinance No. 11000 unless an appeal from the decision of the
Director of the Department of Planning, Building and Zoning or the Zoning
Administrator has been filed with the City Manager.
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2105.1.2. A'lased Froieets• Phased development projects which have been reviewed and
approved in accordance with the provisions of Ordinance No. 9500 shall be entitled
to building permit(s) pursuant to Ordinance No. 9500, provided the entire project
has been reviewed and approved prior to the effective date of Ordinance No. 11000.
The building permit for the i,nitial stage of construction shall be applied for and
obtained within ninety (90) days from the effective date of Ordinance No. 11000.
Approval of building permits in accordance with the provisions of Ordinance No.
9500 for subsequent stages of construction shall remain valid only if development
of the entire or overall project is continuous pursuant to the South Florida
Building Code.
22 05.1.3. Construction and occlam= Where building permits have been issued or
certificates of use applied for in relation thereto for construction of buildinas
or structures, or additions or alterations nothing in this ordinance shall h
deemed to require a change in the plans construction or designated use of a
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buildina or structure or portion thereof under actual constructionoro ch
construction is carried on without in ausel
1f actual construction is not under way, and DreVious documen have expired or
become voidnew building permits or: certificates of use shall b required and
sh all be in accord with any new reguletions established by adoption or amenrlmen+ �f
_this ordinance.
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21015.1.64• (x V mcy riot involving pending building permits. Where certificates of
occupancy involve use of land, or of land and structures, and do not relate to a
pending building permit, unless such use has been established prior to the
effective date of the ordinance or its amendment which would prohibit such use, or
make alterations in requirements concerning it, such certificates shall become
void, and new certificates, conforming to the new regulations, shall be required.
2105.2. Status of agr•een nts, conditions, and saftnrards under prior zoning.
Where agreements were made or conditions, safeguards and requirements attached to grants
of special permits or approval of variances under prior Zoning Ordinances 6871 and 9500 or this
ordinance,_ where area developmen Dermits for PUD's PUN's PAD's cluster or similar
developments, such agreements, conditions, safeguards and requirements shall remain in effect
even though such zoning is repealed or amended, except where current zoning specifically removes
the requirements or limitations. These agreements can only be amended in conf rmance with this
ordinance by the authority or agency who issued the orirl. al permit.
Where special permits were granted with no specific date of expiration agp ti s_for
buildina permits shall only be accepted within 1Rn days from the effective date of this
ordinance.
Similarly, where the city has previously issued a development order or binding letter of
determination under the present or past provisions of section 380.06, Florida Statutes and under
the provisions of prior Zoning Ordinance 6871, effective June 2, 1961 or under the provisions of
prior Zoning Ordinance 9500, effective June 27, 1983, pertaining to a development of regional
impact, said approval shall remain in full force and effect and the provisions of this ordinance
shall be deemed not to impose any additional agreement, conditions, safeguards or requirements on
said development of regional impact for as long as said development order is valid; said prior
Zoning Ordinance 6871 or 9500, as the case may be, shall continue to be used to enforce the
development order or to interpret the binding letter. Said development order may be amended
without compliance with the terms of this ordinance as long as the City Commission determines
that the proposed amendment is not a substantial deviation from the approved development order,
pursuant to the criteria set forth in section 380.06(7) (h), Florida Statutes. Any modification
or amendment of said development order deemed by the commission to constitute a substantial
deviation from its prior approval shall be processed in accordance with the terms of this
ordinance. Any development so approved under the provisions of this paragraph shall not be deemed
to constitute a nonconforming use, building or development under the terms of section 1101
hereof.
2105.3 Status of applications for deuelopmat permits
Any property owner or lawful representative thereof, who, prior to the effective date of
any legislation repealing or modifying regulations which allow the requested activity, has
properly filed a complete application for a development permit(s) with the appropriate city
department, is hereby authorized to proceed with such application(s) regardless of the subsequent
repeal of regulations relevant to such requested activity, unless the contrary is specifically
decreed.
All such applications shall be reviewed in accordance with provisions of Ordinance No.
9500 in effect on the date the application is filed, or in accordance with adopted, but pending
regulations, at the discretion of the applicant. An application shall be reviewed totally under
the old regulations or totally under the new, but not under both. In no case shall an
application be accepted subsequent to the effective date of an ordinance which precludes the
approval or action applied for.
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Applicants for said development permits shall be allowed to make changes in their
application(s) only when so required by the City as a result of its review of the application(s).
The necessary building permit(s) or certificate(s) of use, whichever is first required,
when reviewed under expired regulations, shall be obtained within one hundred eighty (180) days
from the date of special permit approval by the appropriate department, or final public hearing
approval, as the case may be. In the event an appeal is taken to the courts, said building
permit(s) or certificate(s) shall be obtained within one hundred eighty (180) days from the date
the final court decision is rendered or within 160 days from the effective date of Ordinance
11000. whichever provides the longer oericd of time.
Sec. 2106. Zoning conformity required prior to issuance of licenses or permits.
Officials charged with issuance of permits or licenses for the use of any premises for the
conduct of any business, enterprise, occupation, trade, profession, or activity governed by the
provisions of this zoning ordinance shall not issue such licenses or permits unless the use
conforms to the requirements of this zoning ordinance. In cases where certificates of use are
required by this zoning ordinance, no such license or permit shall be issued except upon
certification by the Zoning Administrator that a valid certificate of use, accurately
representing current zoning status, is in effect.
Sec. 2107.
Permits or certificates of use granted in error do not authorize violation of
ordinance; corrections required.
A ibui-lding permit or certificate of use issued in error shall not confer any rights to
construction or occupancy, and upon a finding that a permit has been so issued, it shall be
revoked, provided actual construction has not commenced.
No iuilding permit or certificate of use shall be deemed or construed to authorize
violation of any provisions of this zoning ordinance, and such permits or certificates shall be
deemed or construed to be valid only to the extent that the work authorized is lawful.
Issuance of a building permit based upon plans shall not prevent the Zoning Administrator
from requiring thereafter correction of errors in such plans. Issuance of a certificate of use
based upon application shall not prevent the Zoning Administrator from requiring correction of
the application or of any violation of the use regulations of the district.
Sec. 2108. Action on violations; remedies.
The Zoning Administrator shall enforce vigorously the provisions of this zoning ordinance,
prevent violations or detect and secure their correction, and investigate promptly complaints of
violations and report the findings and actions on complaints. If the administrator shall find
that any of the provisions of this ordinance are being violated, notification shall be made in
writing to those responsible, indicating the nature of the offense and ordering the action
necessary to correct it.
The Zoning Administrator shall order the discontinuance of illegal use of land, buildings,
or structures; removal of illegal buildings or structures or of illegal additions, alterations or
structural changes; removal of illegal signs; and discontinuance of any illegal work being done,
.or shall take or cause to be taken any other action authorized by this zoning ordinance or the
laws of the city or the State of Florida to ensure compliance with, and prevent violations of the
provisions of this zoning ordinance.
If any structure or sign is erected, constructed, reconstructed, altered, repaired, or
maintained, or any structure, land, or water is used in violation of any regulation herein
contained, enforcement procedures shall be initiated before the code enforcement board as
provided in chapter 2, article X of the Miami City Code. The Zoning Administrator or other
proper authorities of the city, in addition to other remedies, may also institute any appropriate
civil action or proceedings in the circuit court for Dade County, Florida, to prevent such
unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or
use, and to restrain, correct, or abate such violation, to prevent the occupancy of said
structure, land or water, and to prevent any illegal act, conduct of business, or use in or about
such premises.
Sec. 2109. Penalties.
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Any person, firm, or corporation violating, or failing to comply with requirements of this
zoning ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not
exceeding sixty (60) days, or by both such fine and imprisonment at the discretion of the court.
The owner of any building or premises or parts thereof, where anything in violation of this
ordinance exists or where any requirement of this ordinance has not been met, and any architect,
builder, contractor, or agent of the owner, or any tenant, who knowingly commits or assists in
the commission of any violation, shall be deemed guilty of a separate offense. Each day's
continuance of a violation shall be deemed a separate offense, punishable on conviction as herein
prescribed.
Sec. 2110. Records.
The Zoning Administrator shall maintain records of all official administrative actions,
and of all violations discovered by whatever means, including all complaints and responses made
in regard thereto, with remedial action taken and disposition of cases. Such records shall be
public records.
Sec. 2111. Fees and charges.
The City Commission shall establish a schedule of fees and charges for matters pertaining
to this zoning ordinance. Such schedule shall be posted in the office of the Zoning
Administrator. The schedule of fees and charges may be changed by resolution of the city
commission and is not subject to the procedure for zoning amendment set out in article 22 of this
zoning ordinance.
In establishing a schedule of fees and charges, it is intended that the City of Miami
shall not be required to bear any part of the cost of applications or petitions made under this
zoning ordinance and that the fees and charges to be set shall represent the actual and
reasonable cost of required legal advertising, postage, clerical, filing, overhead, and other
costs involved in the processing of applications and petitions.
No action of any type or kind under this zoning ordinance shall be taken on any
application or petition until all fees and charges hAVP hann n=4,4 - -C-11
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Sec. 2201. Intent.
ARTICLE 22. AMENDMENTS
This zoning ordinance, and the official zoning atlas and official schedule of district
regulations which are a part thereof, may from time to time be amended, supplemented, changed, or
repealed. It is the intent of this article that the Planning Advisory Board and the Zoning Board
will each serve as advisory and recommendatory instruments to the City Commission for the
specific categories of amendments for which each is responsible and in the manner herein set out.
Sec. 2202. Initiation of applications for amendment.
2202.1. W'to nny apply.
Except as otherwise limited by this zoning ordinance, applications for zoning amendments
may be made by:
(a) City Commission
(b) Planning Advisory Board
(c) Zoning board
(d) Any other department, board or agency of the city
(0) Any person other than those listed in (a) - (d) above; provided, no person in this
category (e) shall apply for an amendment for the rezoning of property except an
owner or agent or attorney for an owner.
2202.2. Qmsideration by boards.
All applications for zoning amendments shall be considered either by the Planning Advisory
Board or the Zoning Board, as may herein be required, in the manner herein set out.
2202.3. ,51tbttission of applications for anatctnatt.
All applications for zoning amendments, whether required to be heard first by the Planning
Advisory Board or first by the Zoning Board, shall be submitted in writing to the hearing boards
division of Planning, Building and Zoning. Applications under section 2202.1(e) shall contain a
notarized statement by the owner of the property or his attorney that the facts as represented in
the application are true and correct to the best of the owner's knowledge or that of his attorney
or agent. All applications shall be accompanied by all pertinent information required by this
zoning ordinance and which may be required for proper consideration of the matter, including an
owner's affidavit,. ownership disclosure and a certified list owners of all properties within 375
feet of the subject property, along with the payment of all required fees and charges.
Sec. 2203.:Amendments to be heard by Planning Advisory Board.
The Planning Advisory Board shall have responsibility for holding public hearings and
making recommendations thereon to City Commission where the proposed amendments are initiated by
agencies in section 2202.1 (a) through (d).
Sec. 2204. Amendments to be heard by Zoning Board.
The Zoning Board shall have responsibility for holding public hearings and making
recommendations thereon to City Commission where the proposed amendments are initiated by persons
under section 2202.1 (e).
Sec. 2205. Duties of receiving officer or agent upon amendment proposal being filed.
2205.1. Lbtetntination of board jurisdiction; trcntsni ttal.
Upon the filing of an application for amendment to this zoning ordinance, the Department
of Planning, Building and Zoning shall determine whether the proposed amendment is required and
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the Planning, Building and Zoning Department shall consider whether the land use densities and
intensities are compatible with and further the objectives, policies and land uses in the
comprehensive plan.
The Planning, Building and Zoning Department will then schedule the amendment on an agenda
to be heard by the Planning Advisory Board or the Zoning Board, as the case may be.
22015.2. Other City Cbde require =ts.
In connection with the hearings required to be held on zoning amendments, the hearing
boards division of Planning, Building and Zoning shall perform those functions set out in chapter
2, division 1, sections 2-111, 2-111, and 2-151, chapter 11; and other appropriate sections of
the Miami City Code.
Sec. 2206. Public notice.
I
No recommendation to the City Commission shall be made by the Planning Advisory Board or
the Zoning Board, as the case may be, regarding amendments to this zoning ordinance without
notice of public hearing being given in the following manner:
(a) Amendments to the official zoning atlas initiated under 2202.1 for public hearing
before the Planning Advisory Board or Zoning Board shall be noticed as out in
section 62-55 (1), (2), (3) and (4) of the Miami City Code.
(b) Any amendment or addition to the text or the official schedule of district
regulations of this zoning ordinance for public hearing before the Planning
Advisory Board shall be noticed as set out in section 62-55 (1) of the Miami City
Code.
Sec. 2207.
Referral of applications to Planning Advisory Board for proposals for amendments
required to be heard by the Zoning Board.
All applications for amendments required to be heard by the Zoning Board shall be referred
to the Planning Advisory Board and the Planning Advisory Board may, but is not required to do so,
make such report, recommendation, and advice in writing to the Zoning Board as it may deem
appropriate in the case. The Planning Advisory Board shall not be required to hold a public
hearing prior to giving such report, recommendation or advice, but such report, recommendation,
or advice shall not be authorized other than in a public meeting of the Planning Advisory Board
where such item is a part of a previously prepared agenda of the Planning Advisory Board. The
public hearing scheduled before the Zoning Board, and the recommendation of the Zoning Board to
the City Commission in the matter, shall not be delayed or recessed because no report,
recommendation, or advice from the Planning Advisory Board has been received in the matter,
except upon request from the Planning Advisory Board for such delay and the vote of not less than
a majority of the total membership of the Zoning Board to that effect. Lack of a report,
recommendation, or advice in the matter by the Planning Advisory Board shall not be deemed by the
Zoning Board as constituting either Planning Advisory Board approval or disapproval of the
proposed amendment.
Sec. 2208. Hearings of boards and report to City Commission; time limits.
2208.1. Zoning board.
Public hearings required before the Zoning Board shall be held within sixty (60) days from
the date the application for amendment is filed in the hearing boards division of the Planning,
Building and Zoning Department. Unless a longer time be mutually agreed upon in the matter by the
Zoning Board and the City Commission, the Zoning Board shall file its recommendation within
thirty (30) days, or lacking a quorum, within forty-five (45) days after the public hearing has
been scheduled before the Zoning Board. (See section 2208.3 below.)
2208.2. Pl cvznbW Adu i sod y Board.
Public hearings required before the Planning Advisory Board shall be held within sixty
(60) days after the proposal for amendment has been filed in the hearing boards division of the
Planning, Building and Zoning Department. Where reports of other departments of the city are
requisite to proper consideration of the matter, the proposal for amendment shall not be set for
public hearing and the time requirement of this paragraph shall not run until such reports have
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been certified by the appropriate city department head as being completed or ready for use in the
matter. Unless a longer time be mutually agreed upon in the matter by the Planning Advisory Board
and City Commission, the Planning Advisory Board shall file its recommendations with the City
Commission within thirty (30) days, or lacking a quorum, within forty-five (45) days after the
public hearing has been scheduled before the Planning Advisory Board, extent for Gity ate
_legislation, in whi h rasp there —.shall be no time limit. (See section 2208.3 below.)
2208.3. Fhception to title 1 btri ts.
The time limits set out in sections 2208.1 and 2208.2 shall not include any day of the
month of August.
Sec. 2209. Nature and requirements of Planning Advisory Board report to City Commission.
For hearings required to be held by the Planning Advisory Board, the report and
recommendations of the Planning Advisory Board to City Commission shall show:
(a) When pertaining to the rezoning of land where application has been initiated under
categories (a) through (d), section 2202.1, that the Planning Advisory Board has
considered such of the factors set out in section 2210 below as may be applicable
in the case;
(b) Where pertaining to other proposed amendments of this zoning ordinance that the
Planning Advisory Board considered and studied:
1. The relationship of the proposed amendment to the purposes and objectives of
the Miami Comprehensive Neighborhood Plan, or portion or portions thereof,
with appropriate consideration as to whether the proposed change will further
the purposes of the comprehensive planning program, this zoning ordinance, and
other city codes, regulations, and actions designed to implement the
comprehensive planning program and the adopted comprehensive plan; and
2. The need and justification for the proposed change.
3. The potential development of property being considered meets the concurrency
requirements of state law under Chapter 163.
Sec. 2210. Nature and requirements of Zoning Board report to City Commission.
When pertaining to the rezoning of land under application made under section 2202.1(e),
the report and recommendations of the Zoning Board shall show that the Zoning Board has studied
and considered, where applicable, whether or not:
(a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan
and does not require a plan amendment;
(b) The proposed change is in harmony with the established land use pattern;
(c) The proposed change is related to adjacent and nearby districts;
(d) The change suggested is not out of scale with the needs of the neighborhood or the
city;
(e) The proposed change maintains the same or similar population density pattern and
thereby does not increase or overtax the load on public facilities such as schools,
utilities, streets, etc.;
(f) Existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
(g) Changed or changing conditions make the passage of the proposed change necessary;
(h) The proposed change positively influences living conditions in the neighborhood;
(i) The proposed change has the same or similar impact on traffic and does not affect
public safety to a greater extent than the existing classification;
(j) The proposed change has the same or similar impact on drainage as the existing
classification;
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(k) The proposed change has the same or similar impact on light and air to adjacent
areas as the existing classification;
(1) The proposed change has the same or similar impact on property values in the
adjacent area as the existing classification;
(m) The proposed change will contribute to the improvement or development of adjacent
property in accord with existing regulations;
(n) The proposed change conveys the same treatment to the individual owner as to owners
within the same classification and the immediate area and furthers the protection
of the public welfare;
(o) There are substantial reasons why the use of the property is unfairly limited under
i existing zoning;
(p) It is difficult to find other adequate sites in the surrounding area for the
proposed use in districts already permitting such use.
Sec. 2211. Status of board reports and recommendations.
The reports and recommendations of the Planning Advisory Board or the Zoning Board
required by sections 2208, 2209, or 2210 above, as the case may be, shall be advisory only and
shall not be binding upon the City Commission. In its deliberations on the reports and
recommendations in the actions that it may take in regard to them, the City Commission shall
consider such of the requirements of sections 2209 or 2210 as may be applicable to the particular
matter before it.
Sec. 2212. City Commission action on board reports.
2212.1. Public hearing required.
Upon ,receipt of the report and recommendations regarding amendments to the zoning
ordinance by. the Planning Advisory Board or the Zoning Board, as the case may be, the City
Commission shall hold at least two advertised public hearings on the proposed plan amendment in
the following manner:
(a) Amendments to the official zoning atlas shall be noticed as set out in section 62-
55 (1), (2), (3) and (4) of the Miami City Code.
(b) Any amendment or addition to the text or the official schedule of district
regulations of this zoning ordinance for public hearing shall be noticed as set out
in section 62-55 (1) and (4) of the Miami City Code.
2212.2. Requirement ulrere Plcoueing Advisory Bxvid or Zoning Bxu-d report is adverse to
iproposed awxhLnt.
In the case of all proposed changes or amendments, if the recommendation of the Planning
Advisory Board or the Zoning Board, as the case may be, is adverse to the proposal, such changes
or amendments shall not be adopted except by the vote of at least three (3) members of the City
Commission.
Sec. 2213. Failure of City Commission to act.
If a recommendation of the Planning Advisory Board or the Zoning Board, as the case may
be,, is not legislatively decided within twelve (12) months from first reading by the City
Commission, the application upon which the report and recommendation is based shall be deemed to
have been denied except for amendments to the comprehensive plan and its corresponding zoning
atlas amendment in which case the time period will be extended an additional twelve (12) months.
In both instances the provisions of sections 62-54 and 62-55 of the City Code will not apply
unless otherwise required by the City Commission. No day of the month of August shall be counted
in the administration of this section.
Sec. 2214. Limitations on the rezoning of property where application is initiated under
section 2202.1 (e).
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For applications initiated or proposed under section 2202.1 (e), the following limitations
shall apply:
2214.1. Size limitation.
Except where the proposal for the rezoning of property involves an extension of an
existing district boundary, no change in the zoning classification of land shall be considered
which involves less than forty thousand (40,000) square feet of net land area or two hundred
(200) feet of street frontage on one street. Proposals for HP Historic
.Preservation Overlay Districts shall be exempt from this requirement.
' The City Commission may, by a vote of not less than three (3) members, approve the
rezoning of property to a less intense designation than that applied for in situations where, in
f; the opinion of the Commission and upon the recommendation of the Planning, Building and Zoning
Department, the specific rezoning applied for would work to the detriment of the health, safety
or welfare of the surrounding neighborhood whereas a rezoning to a less intense designation would
not.
2214.2. Limitation an further considerations after denial.
Whenever the City Commission has denied an application for the rezoning of property, the
Zoning Board shall not thereafter:
(a) Consider any further application for the same rezoning of any part or all of the
same property for a period of eighteen (18) months from the date of such action;
(b) Consider an application for any other kind of rezoning on any part or all of the
same property for a period of twelve (12) months from the date of such action;
(c) Consider an application for rezoning that involves the same owner's property within
200 feet of property granted a change within a period of twelve (12) months.
2214.3. Limitation on further consideration after change.
Whenever the City Commission has changed the zoning classification of property by
amendment, the Zoning Board shall not thereafter consider any petition for rezoning of all or any
part of the same property for a period of eighteen (18) months from the date of such action.
2214.4. Limitation on further consideration after voluntary withdazual of cq)alication.
Whenever an applicant has voluntarily withdrawn an application for rezoning of property
during either first or second reading before the City Commission, the Zoning Board shall not
thereafter consider an application for the same property for eighteen (18) months from the date
of such action, nor consider an application for any kind of rezoning of any part or allof the
same property for twelve (12) months from the date of such action.
2214.5. Miver of time limits.
The time limits set by sections 2214.2, 2214.3 and 2214.4 may be waived by a vote of not
less than three (3) members of the City Commission when such action is deemed necessary to
prevent injustice or to facilitate development of the city in the context of the adopted
comprehensive plan, or portion or portions thereof.
Sec. 2215. Requirements concerning changes in original applications after processing begins.
The following limitations and requirements apply where changes are made in original
applications for amendment after processing begins:
2215. 1. Substantial cWiges defined: changes prior to notice of public hearing.
{Substantial changes are} determined by the Zoning Administrator, upon a request to review
proposed modifications to applications for variances, Special Exceptions, Major Use Special
Permits or zoning atlas amendments by persons defined in section 2202.1(e), using the following
criteria:
a) the requested change exceeds the zoning regulations:
244
b) the footprint of the building is proposed to be moved by more than ten (10)
feet in any horizontal direction;
c) the height of the building or any portion thereof is proposed to be increased
by more than five (5) feet, or five (5) percent of the height of the building
which even greater, in a vertical direction; or
d) any other change, which in the evaluation of the Zoning Administrator, has not
been part of the prior application, has not been reviewed and evaluated by the
staff, and has a serious effect on the project proposed by the application.
By mutual agreement between the Director of the Department of Planning, Building and
Zoning and other affected parties, substantial changes in original applications may be made prior
to publication of notice of hearing; provided, that where such changes require major alteration
of Department of Planning, Building and Zoning reviews and recommendations already prepared and
based on the original application, a second application fee shall be required.
2215.2. ClxaWs subsequent to notice of hearing; prior to hearing, or at hearing.
After notice of public hearing before the Planning Advisory Board, Zoning Board, or City
Commission, as the case may be has been given, no change shall be made in the original
application for zoning amendment which would have the effect of creating substantial differences
between the matter advertised and the matter upon which hearing is actually held. P i5.5. changes
during Hann! ng Advlso,y Board, Ioirhig Board, o, commission considers
2215.3. Oxu es during PicnningMuisoMBband, Zonine.Bxtrd. or Cannission consideraticvr.
Upon completion of the public hearing by the Planning Advisory Board, Zoning Board, or
City Commission, as the case may be, no proposed amendment shall be recommended or adopted, as
the case may be, which is substantially at variance with the proposal upon which the public
hearing was held.
2215.61. .Procedure ulrere substantial changes are proposed.
Where substantial changes are proposed:
(a) Subsequent to the notice of public hearing, prior to public hearing, or at the
public hearing; or
(b) After the public hearing but before recommendation or adoption, as the case may be,
has been made,
Such proposed changes are to be treated as a proposed new amendment and subject to the
applicable procedures and standards of this article as for proposed new amendments, or in the
case of developments of regional impact or Major Use Special Permits, subject to the procedures
set forth in Article 17.
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ARTICLE 23. INTERPRETATION; CONFLICTS
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Sec. 2301. Provisions of zoning ordinance declared to be minimum or maximum requirements.
In their interpretation and application, the provisions of this zoning ordinance shall be
held to be minimum requirements or maximum limitations, as the case may be, adopted for the
promotion of the public health, safety, morals or general welfare.
Sec. 2302. Rule concerning conflicts with other regulations.
l Where the requirements of this zoning ordinance are at variance with the requirements of
t any other governmentally adopted statute, rule, regulation ordinance, or code, the most
restrictive or that imposing the higher standard shall govern.
It is not intended by this zoning ordinance to interfere with, abrogate, or annul any
easements, covenants, deed restrictions, or agreements between private parties, provided that
where the regulations set out in this zoning ordinance are more restrictive than such easements,
covenants, deed restrictions, or agreements between private parties, the restrictions of this
zoning ordinance shall govern.
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ARTICLE 24, RESORT TO REMEDIES; SAVING CLAUSE; SEVERABILITY;
EFFECTIVE DATE
Sec. 2401. Resort to remedies.
Nothing herein contained shall prevent the city from taking criminal action under section
2 HQ0 and such other lawful action, including, but not limited to, resort to equitable action,
as may be deemed necessary to prevent, abate, or remedy any violation of this zoning ordinance.
Sec. 2402. Saving clause.
Any prosecution or �.other legal action arising from a violation , 9 of any prior zoning
ordinance, code, or regulation of the City of Miami superseded by this zoning ordinance, which
prosecution or other legal action was pending at the effective date of this zoning ordinance, or
any prosecution or other legal action begun within one year after the effective date of this
zoning ordinance in consequence of any violation or application of any limitation of any prior
zoning ordinance, code, or regulation superseded hereby, which violation or application of
limitation was committed or begun prior to the effective date of this zoning ordinance, shall be
tried or determined exactly as if such prior zoning ordinance, code, or regulation had not been
superseded.
Seca 2403. Severability.
Should any article, section, or provision of this zoning ordinance be declared by a court
of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the
validity of this zoning ordinance as a whole, or any part thereof other than the part so declared
to be unconstitutional or invalid.
Sec. 2404. Effective date.
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This zoning ordinance shall take effect September
�. p r 4, 1990.
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ARTICLE 25. DEFINITIONS
Sec. 2500. General Definitions,
For the purpose of this zoning ordinance, certain terms or words used herein are defined and
shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company,
or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and
the plural number includes the singular.
j
The word "shall" is mandatory. The word "may" is permissive.
The words "used" or "occupied" include the words "intended," "designed," or "arranged to be
used or occupied."
The word "lot" includes the words "plot," "parcel," or "tract."
The word "structure" includes the word "building" as well as other things constructed or
erected on the ground, attached to something having location on the ground, or requiring
construction or erection on the ground.
The word "land" includes the words "water," "marsh" or "swamp.
Sec. 2501. Citation to specific definitions.
IBecause future amendment of this zoning ordinance will
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definitions, changes in existing definitions, or deletion of sometimes defi itions,require theadthe�ospecific
definitions of section 2502 of this ordinance are not numbered and are, and are to be, listed in
alphabetical order. Citations are to be made to section 2502 of this ordinance and the specific
definition involved.
Sec. 2502. Specific definitions.
Abutting, To reach or touch; to touch at the end or be contiguous with; join at a border or
boundary; terminate on. The term implies a closer proximity than the term "adjacent". No
intervening land.
Accessory use or structure. An accessory use or structure is a use or structure customarily
incidental and subordinate to the principal use or structure and, unless otherwise specifically
provided, located on the same premises. "On the same premises" shall be construed as meaning on
the same lot or on a contiguous lot in the same ownership. Where a building is attached to the
principal building, it shall be considered part thereof, and not an accessory structure.
Actual construction, See Construction, actual.
Adjacent. Lying near or close to; sometimes, contiguous; neighboring. The term implies
that the two objects are not widely separated, though they may not actually touch.
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Adult. An adult is a person eighteen (18) years of age or older.
Adult daycare center. A facility which provides limited supervision and basic services on a
part time basis by day or evening, but not overnight to three (3) or more adults generally aged
sixty (60) years and over other than the family/employee occupying the premises, who cannot
perform one (1) or more aspects of daily living. The term does not include community based
residential facilities, group homes, nursing home facilities or institutions for the aged.
Adult entertailmatt or service establishnt. Adult entertainment or adult service
establishment. An adult entertainment or adult service establishment is one which sells, rents,
leases, trades, barters, operates on commission or fee
for adults products, , purveys, displays, or offers only to or
P , goods of any nature, images, reproductions, activities, opportunities for
experiences or encounters, moving or still pictures, entertainment, and/or amusement
distinguished by purpose and emphasis on matters depicting, describing, or relating by any means
Of communication from one person to another to "specified sexual activities" or "specified
anatomical areas" as herein defined. An adult entertainment or adult service establishment is
248 10863
not open to the public generally but only to one (1) or more classes of the public, excluding any
person under eighteen (18) years of age. It is the intent of this definition that determination
as to whether or not a specific establishment or activity falls within the context of regulation
hereunder shall be based upon the activity therein conducted or proposed to be conducted as set
out above and in these regulations and shall not depend upon the name or title of the
establishment used or proposed. Thus, the terms "adult book store," "adult massages parlor, "
"adult motion picture theater," "adult private dancing," and "adult escort service" are
encompassed within this definition of "adult entertainment or services," but the term "adult
entertainment or adult services" is not to be deemed limited by the enunciation of specific
activities listed before.
Adult nrissarge parlor. See Adult entertainment or service establishment.
Adult motion picture theater. See Adult entertainment or service establishment.
Adult private dancing. See Adult entertainment or service establishment.
Affordable housing. Housing with a retail sales price not in excess of ninety (90) percent
of current median Dade County new housing sales price, or rental housing rates (project average)
not in excess of thirty (30) percent of the gross median Dade County monthly income.
Airport. An area where aircraft can land and take off, usually equipped with hangars,
facilities for refueling/repairs, and passenger facilities.
Alley. An alley is any thoroughfare or passageway (not officially designated as a street)
designated as an alley by a recorded plat, deed, or legal instrument, to be a secondary means of
vehicular access to the rear or side of properties otherwise abutting on a street.
Alterations, structural. Structural alterations are any change, removal, replacement,
reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs
(except those on fill), load bearing partitions, columns, exterior walls, stairways, roofs,
corridors or other structural materials used in a building that support the said beams, ceiling
and floor joists, load bearing partitions, columns, exterior walls, stairways, roofs, or
structural materials used in the building or structure. The term is applicable to any building or
structure or any part thereof, whether or not permanent or temporary shoring is used during
construction and whether or not additions to or rebuilding of the major portion of an existing
building is being accomplished.
v&lance service. A facility which provides emergency medical transportation and/or para-
medical emergency or trauma care in route to an extended care or medical facility.
Anchorages anzd moorages. See Mooring.
Annnxl clinic. A facility which provides medical and surgical care for animals but does not
include boarding facilities for healthy animals.
Anbrxal Immel. A facility which provides boarding services for five (5) or more animals.
Apartment. See Dwelling, multifamily.
Aparbrent hotel. A hotel offering long-term
establishments may furnish dining room service.
(more than thirty (30) days) lodging. Such
Application, complete. An application for approval sought pursuant to the zoning ordinance
of the City of Miami, as amended, shall be deemed complete if it is on a form approved by the
city, and all applicable information is provided by the applicant on the form, or attachment(s),
as necessary, at the time of its filing and it has been reviewed and signed by the appropriate
official and if all required fees are paid. in the event a complete applicaHon has not been
i mard by the approp, late board within 90 days of filing, it sheiii be deemed withdrawn and a new
lapplication must be .
I
Arcade. An arcade is a covered pedestrian way within a building or along the side of a
building, which may provide access to shops along one or both sides.
Archery ranges. Recreation facility devoted to the practice of shooting with a bow and
arrow.
Area develQ=t Lot or lots treated as a single unit for the purpose of locating
buildings in a manner that is more economical and efficient, provides an improved level of
amenities. creative design and a better physical environment, than on single traditional _mi Dimu
249
10863
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19
L e snaii notC a dd i
such form of d �p�„nMen t
other similar arrana ments
1
Area, residential laW. Residential land area is land for residential development and
related uses, including open space on the lot or tract. Residential la nd area shall not
construed to include areas used predominantly for commercial or other nonresidential purposes. be
Area of a lot. See Lot area.
Art stores. See Retail.
Assemblage. The process of forming new products by combining or connecting components
and/or parts.
Astrologists, fortune-tellers, and spiritualists. Establishments providing advice,
predictions, or interpretations or planetary affects, on or about future events or human affairs.
Auditoritms or aiphitheaters. A building or outdoor area or structure specifically designed
and used as a place of assembly.
Auction gullery. A building or structure at which a public sale of property,
chattel are conducted by a licensed or authorized agent, p P P Y, goods, or
Autambile assembly plants. See Assemblage.
Autarnbile, newparts and accessory. See Retail.
Autambile sales facility. Any building or premises used for the display and sale of new or
used automobiles, trucks or vans, trailers, or recreation vehicles and including any warranty.
repair work and other repair services conducted as an accessory use.
I .A!ctainbiletvash facility. Any building or premises used for washing cars or trucks.
Autambile rental/leasing agency. Establishment primarily engaged in the leasin or renti
of trucks and passenger vehicles. 9 ng
Autonubile overliauling. See Repair garage.
AutawIbile paint and body shop. See Repair garage.
Autarntive 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;
250 10863
R
i. Emergency wiring repairs;
J. Adjusting and emergency repair of brakes;
k. Minor motor adjustments not involving removal of the head or crankcase;
11. Greasing and lubrication;
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
L 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.
Autarbtive towing service. See Towing service.
Average sidemlh elevation. The average of the record profile grade elevation of each of
the streets abutting a development, as determined and on file with the City of Miami Public Works
Department.
Awning. A movable roof -like structure, cantilevered, or otherwise entirely supported from a
building used to shade or screen windows or doors.
AutanDbile ureclzing yard. A place, structure or lot where obsolete, worn-out or ruined
vehicles are demolished for either scrap materials or used auto parts. The term includes storage
of vehicles, and storage and resale of scrap materials and used auto parts.
Bakeries. See Retail.
Bakery goods slop. See Retail.
Bar, coclztail lotmge, 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.
Barber shops. See Personal services.
Base building line. A base building line is where mapped street lines have been officially
established in such a manner as to fall within the boundaries of lots; the lines so established
shall be termed base building lines and shall be used instead of the lot lines adjacent to
streets in determining minimum yard requirements.
Base for nnrine dredging. See Dredge and fill.
Battery mntufacturing. See Manufacturing or Repair garage.
Battery repair cnnd rebuilding. See Manufacturing or repair garage.
Beauty salons. See Personal services.
Berth. See Stall/berth or Loading facility, offstreet or Loading space, offstreet.
Blanlztmshing. A plain strip, bearing no advertising matter around the edge of a sign.
Blueprinting. See Quickcopy services.
10863
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Boarding house. A boarding house is an establishment where meals are regularly prepared and
served for compensation for five (5) or more persons, and where most of the food is placed upon
the table family style, without service or ordering of individual portions from a menu. Boarding
houses may also provide lodgings for compensation.
Boarding leennel. See Animal kennel or Animal clinic.
Boat and »urine nntor sales. See Retail.
Brat and rrzrrine service and repair. Establishments which provide for the maintenance and
repair of vessels.
Boat building. Facilities designed and used for the manufacture and assembly of vessels.
Boat docles. See Wharf.
Boat rental and charter. Establishments which provide for short-term leasing and/or rental
of vessels, it may include accessory services such as the employment of qualified seamen or
sailing instruction.
Boat sales. See Retail.
Book and stationary stores. See Retail.
Boole Binding. The printing and production of books, magazines, and other literary
publications. See Assemblage.
Bottling plants. See Assemblage and Manufacturing.
Bowling alley. See Recreation facility+es.
i
i
Br•awries. See Manufacturing.
Broadcast studios. A building used for licensed transmissions of radio or television
programming.
Buffer districts. Districts established at or adjoining commercial -residential district
boundaries to mitigate potential frictions between uses or characteristics of use. Such district
regulations may provide for transitional uses, yards, heights, offstreet parking,_ lighting,.
signs, buffering or screening.
Building nuterials yards. An outdoor area used for the storage of construction and building.
supplies, which may contain accessory buildings or structures associated with the storage
service.
Building pemut. The permit required for new construction and additions pursuant to section
19-50 of the City Code.
BuiCdable area. The portion of a lot remaining after required yards have been provided.
Buildings may be placed in any part of the buildable area, but limitations on percent of the lot
which may be covered by buildings may require open space within the buildable area.
Building. Any structure having a solid roof intended for shelter or enclosing of persons,
animals, chattels, property, equipment or a process of any kind or nature, excluding freestanding
tents, freestanding awnings, and cabanas and screened enclosures.
Building line. The building line is the inner edge of any required yard or required
setback, and the corresponding outer edge of the buildable area. Except as specifically provided
by these regulations, no portion of any building or structure may be extended to occupy any
portion of a lot outside its building lines.
Building sipply stores. See Retail.
Bulletin board. An outdoor display device accessory to and on the premises of places of
worship, schools, or other institutions, auditoriums and the like for providing public notice
identifying the premises and indicating nature and hours of events, names of principal officers,
and the like. As employed in relation to these and other principal uses, the term is also
intended to include outdoor display devices serving as directories and giving guidance as to the
location of persons or uses on the premises.
!E `. 252
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bulletin Goartil, oamzutity or neighborhood. An outdoor display device intended and reserved
for the free and informal posting of temporary notices by individuals or public or quasi -public
I rganizations, clubs, and the like. Such notices may include announcements of neighborhood or
community -wide meetings, entertainments or events, lost and found notices, notices offering or
seeking employment, notices offering to buy or sell, or seeking or offering transportation or
accommodations.
Business services. Establishments primarily engaged in rendering services to businesses on
a fee or contractual basis, such as advertising and mailing, building maintenance, employment
service, management consulting services, protective services, equipment rental leasing,
commercial research, development and testing, photo finishing, duplicating, and secretarial
services.
Canopy. A fixed roof -like structure which is in whole or in part self-supporting with open
sides which provide shade or protection.
Car shelter. An accessory structure made of canvas, aluminum, or similar materials, or any
combination thereof, on movable framing for the shade and shelter of one (1) or two (2) private
passenger vehicles.
f .
Cris space, total. Garage or other off-street parking space, together with appropriate
access and maneuvering ways, available to occupants.
Carport. A carport is a portion of a principal residential building or a building accessory
to a residential use designed to be used for shelter of motor vehicles, unenclosed at the
Vehicular entry side and for an area at least equal to twenty (20) percent of the area of the
I. outer surface of walls which might otherwise be constructed along its entire remaining perimeter.
Where enclosure exceeds this amount, the shelter shall be construed to be a garage.
Catering service, industrial. An industrial catering service uses vehicles equipped to
transport food to be sold directly from such vehicles.
Catering service, social or ham. A social or home catering service provides food and
l incidental service for a social affair or for a private dwelling, but does not use commercial
t vehicles that are equipped in any manner for the purpose of transporting food to be sold
directly from such vehicles.
CID storage facility. A CBD storage facility is a facility providing for the storage of
office furnishings and general personal property limited to: furniture and other household goods
and retail merchandise to be sold at establishments in the CBD-1 district; provided, however,
that storage of heavy equipment or any property that may be deemed hazardous, such as property
which is inflammable, combustible, explosive or dangerous, is expressly prohibited.
CaiLatery. Property used for the interring of the dead.
Change of occupancy or change of use. The terms "change of occupancy" or "change of use°
shall mean a discontinuance of an existing use and the substitution therefor of a use of a
different kind or class. Change of occupancy or change of use is not intended to include a change
of tenants or proprietors unless accompanied by a change in the type of use.
a.ild care facility. See Child daycare center.
Child daycare center. A child care center is an establishment where six (6) or more
children, other than the members of the family occupying the premises, are cared for on a part
time basis away from their own home by day or by night. The term includesday nurseries,
kindergartens (other than in connection with other schools), daycare centers or services, daycare
agencies, nursery schools, play schools, and similar care facilities primarily for preschool
children. The term does not include community based residential facilities, family daycare homes,
foster homes, group homes, rehabilitation or detention centers, orphanages, or other places
operating primarily for remedial care.
Church. A building or structure which by design and construction is primarily intended for
the conduct of organized religious services and associated accessory uses. This definition may
include meditation gardens.
City. The City of Miami, Florida.
City Code. The Municipal Code of the City, as amended.
253 10863
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City Cbmttssion . The City Commission of the City.
Civic club. A building used for recreation, social, educational, cultural usually owned and operated by a public or nonprofit group or agency. activities,
Clinic, nedical or dental. Establishments providing medical, surgical and other health care
services to individuals, including offices of physicians, dentists and other health care
practitioners and customary accessory types of medical or dental services and not involving the
overnight stay of patients.
Club or lodge. The term "club or lodge" refers to buildings or
portions Of buildin
constructed and reserved primarily for club or lodge or fraternal organization purposes•
Application of the regulations set out herein is intended to be limited to the Physical
facilities involved for zoning purposes only and does not include authorization or control of the
organization itself. For the purpose of this zoning ordinance, clubs and lodges shall be
construed as being separate and distinct from fraternities and sororities. Clubs and lodges
containing dwelling units and/or lodging units other than for managers or other employees shall
be subject to regulations applying to dwelling or lodging uses in addition to any special
regulations applying to such clubs and lodges.
Club, night. See Night club.
Cbun-operated lry. An establishment providing washing, drying or dry cleaning machines
on the premises for rental use to the general
purposes. public for family laundering or dry cleaning
Colleges and universities. Educational institutions authorized the by the state
baccalaureate or higher degrees. to award
Cbmlercial nurina. A marina providing services to the general public, not accessory
specific residential development. y to a
J CbImercial Parking. Any parking area or parking I public or private users and requiring compensation.p g garage utilized by either t
he general
ICbumercial vehicle. A commercial vehicle is any vehicle d
transportation of people, goods, or things, not includinge519ned, intended n used for
private
for private nonprofit transport of goods and/or boats. passenger vehicles and trailers
Cbmuission. See City Commission.
Cbmzvz °e space. An open space area within or related to a site designated as a
development and designed and intended for the use or enjoyment of residents and owners of the
development. Such space may contain such complementary structures and improvements as are
necessary and appropriate for the use or enjoyment of residents and owners of the development.
I
CTamwzi ty based residential facility. A facility
resident services, and twenty-four hour supervision.
Such �da providingroom
wfunctions ith or �tasu a board),
housekeeping unit. This category includes adult congregate living facilities; single
aged persons as defined in Section 400.618(3), Florida Statutes; facilities for
for
disabled and handicapped physically
developmentally disabled personsassdefinededin�Section Section393 063 6 5 a
( )( ), Florida Statutes; for
dangerous mentally ill persons as defined in Section 394.455(3), Florida Statutes; and for non -
dangerous
dependent children as defined in Section 39.01(8) and (10), Florida Statutes, as licensed b for
Florida Department of Health and Rehabilitative Services FHRS s the
alcohol .and drug rehabilitation and ( ); and residential facilities for
including halfway houses as licensed or approved by an authorult ized regulatoryagencyal .
facilities,
g y agency.
07? nity residential home. See Community based residential facility.
Cbmrozity theater. An enclosed space suitable for a variety of cultural arts erfo
permanently available, and managed and promoted on a nonprofit basis; principal use of the space
shall be for public performing arts presentations, although incidental use for r performances,
exhibits and presentations shall be permitted. P ivate meetings,
Cbmwzication and instnumnt installation and repair. See Assemblage.
Cbiprehpzsive Plan. The City of Miami Comprehensive Neighborhood Plan.
254 10863
trJ
Cbnfo►ming lot. See Lot, conforming.
Cbrrstruetion, actual. The placing of construction
materials in a permanent position and fastened in a permanent manner; except that where
demolition, excavation, or removal of an existing structure has been substantially begun
preparatory to new construction, such excavation, demolition, or removal shall be deemed to be
actual construction, provided that work shall be continuously carried on without interruption,
except for just cause, until the completion of the new construction involved (see definition
contained herein for "continuously").
Cbntinumsly. As defined with reference to actual construction defined herein, continuously
shall mean that work is underway for at least fifty (50) percent of the working days (Monday
through Friday, national holidays excluded) since construction began. See also Actual
construction.
i
Cbrivalescent hang. See Extended care facility.
Convenience establislrrant. A convenience establishment is one serving daily or frequent
needs for commodities or services such as eating and drinking establishments, groceries, news
stands, beauty shops, or barbershops.
Coverage of a lot. That portion of a lot covered by buildings.
Lance ball. A building or portion of a building used for dancing by the general public or
to provide dance instruction.
Lhycare center. See "Child daycare center."
alicatessen. See Restaurant.
lktention facilities. See Jail.
Lbvelopmnt. Development shall have the meaning given it in section 380.04, Florida
Statutes, subject to restrictions contained herein.
D?velcprrnt permit. The term "development permit" includes any building permit, zoning
permit, subdivision approval, rezoning, certification, Special Exception Permit, variance, or any
other official action of the City of Miami having the effect of permitting development.
Diaper service. See Laundry/dry cleaning plant.
Dirigible base. See Airport.
Distilleries. See Manufacturing.
Lochs. See Wharf.
Dredge and fill. The process of deepening streams, swamps or coastal waters by removing
soil from the bottom.
Dhessnvhing. The sewing, repair, or design of individual, one of a kind apparel.
Dhive-through banking facility. See Drive -through establishments.
L1-iue-through establisi eats. A drive -through establishment is any place or premises on
which, or any facilities by which, customers are served in automobiles.
Dhiue-through restaurant. See "Drive -through establishments or
Drive -through facility".
Drive -through facility. The term includes drive -through banks or teller windows, drive -
through eating and drinking establishments, , drive -through windows at
liquor or other stores, or at laundry and dry cleaning agencies, car washes, and similar
facilities. For purposes of these regulations, although having characteristics as indicated
above, automotive service stations are subject to other special requirements and controls and are
not to be construed as subject to controls and requirements applying to the drive -through
establishments defined above as a class.
10863
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Dye boat stonnge. A facility operated for the storage of marine vessels.
Dydocle. A structure operated to facilitate the repair, maintenance, and alteration of
vessels out of water.
I-plev cihelling. A two-family dwelling is a building containing only two (2) dwelling
units. The term is general, including such specialized forms as two-family attached. For the
purposes of these regulations, the term is not to be construed to include mobile homes,
houseboats or other watercraft containing living quarters, or other forms of temporary or
portable housing, all of which are to be construed as separate classes of dwellings or lodgings.
D elling, detached. A detached dwelling is a building containing only one (1) or two (2)
dwelling units entirely surrounded by yards or otherwise spatially separated from other
buildings.
DwI ling, mobile hare. A mobile home is a factory -fabricated, transportable, detached
dwelling constructed on a chassis for purposes of transportation and designed and intended for
long term residential occupancy at the site where placed in use. A travel trailer is not to be
considered as a mobile home. For purposes of these regulations, mobile homes used as dwellings
are to be construed as a separate class.
Lh elling, multifamily; nultiple; apart building. A multifamily dwelling, multiple
dwelling, or apartment building is a building containing three (3) or more dwelling units.
Lkelling, one-faaily or single-family. A one -family or single-family dwelling is a building
containing only one (1) dwelling unit. The term is general, including such specialized forms as
one -family detached, and one -family attached (row house, townhouses, patio houses and the like).
For purposes of these regulations, the term is not to be construed to include mobile homes or
travel trailers, houseboats or other watercraft containing living quarters, housing mounted on
self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing, all of
which are to be construed as separate classes of dwellings or lodgings.
Ltce'lling, kw-fanily. A two-family dwelling is a building containing only two (2) dwelling
units. The term is general, including such specialized forms as two-family attached. For the
purposes of these regulations, the term is not to be construed to include mobile homes,
houseboats or other watercraft containing living quarters, or other forms of temporary or
portable housing, all of which are to be construed as separate classes of dwellings or lodgings.
DvalIing ttnit. One or more interconnected rooms with a single kitchen facility and sanitary
facilities provided within the dwelling unit for the exclusive use of a single family maintaining
a household. As defined by this ordinance, and except for purposes of federally subsidized
housing, minimal dwelling unit size shall be as follows: efficiency - 400 square feet, one
bedroom.- 550 square feet, two -bedroom - 650 square feet.
Dtelling, attached. Attached dwellings are buildings containing only one (1) or two (2)
dwelling units each with three (3) or more such buildings attached to each other at party walls
without openings. Such buildings shall have individual lots, or shall be so located on land in
the same ownership that individual lots meeting the requirements of district regulations could be
provided for each, or shall be so located and grouped on land in the same ownership that
individual lots plus common open space for each and all groups would yield a lot area per
dwelling unit at least equal to that required for the district.
Eating and drinking establishnatts. See Restaurants or Bar, cocktail lounge, tavern or
saloon.
Efficiency apartrrA?nt. A dwelling unit attached to other dwelling units and consisting of
only one habitable room together with kitchen facility and sanitary facilities.
A baynmt. An embayment is a horizontal recess in a building at or near ground level, with
upper portions of the building extending over the space involved. As used in these regulations,
embayment is sometimes permitted as an alternative to setting back the entire wall of the
building.
Extended care facility. An institution which is licensed by the State of Florida to provide
health care or medical supervision for twenty-four (24) or more consecutive hours for three (3)
or more persons not related to the governing authority by blood, marriage or adoption. See also
Nursing home.
.Facilities for storing, packaging, handling, processing or distribution of explosive,
flmvnble or otheruise hazardous materials. See Manufacturing and Packaging.
256 10863
P w"' ties for hovercraft or sea planes. See Marine landing facilities.
%bricxation of custan4rcde jawlry. See Handmade products.
Ftmily. A family is one (1) or more persons occupying a single dwelling or lodging unit,
provided that unless all members are related by blood, marriage, or adoption, no such family
shall contain over three (3) persons (including servants). A family may also include a groupof
not more than eight (8) foster children, in addition to the foster parents' natural children,
provided that such home is approved by appropriate state and/or local agencies. The term
"family" shall not be construed to mean fraternity, sorority, club, or institutional group.
&Id ly care hone. A family care home is an occupied residence, registered and licensed by
the State of Florida, where five (5) or fewer preschool children from more than one (1) unrelated
family receive care on a regular part time basis by day or by night and which re
fee, or grant for any of the children receiving care, whether or not operatedfor profit. The
{ maximum number of five 5 ' ( ) preschool children includes preschool children living in the home and
preschool children received for care who are not related to the resident caregiver. Elementary
school siblings of the preschool children received for day care may also be cared for outside of
school hours provided the total number of children, including the caregiver's own and those
related to the caregiver, does not exceed ten (10).
Financial services. Establishments such as but not limited to banks, trust companies
savings and loans, credit agencies, investment companies, securities exchange brokers, real
estate agents and real estate developers.
Fire stations. A building used for fire equipment and firefighters. fighters.
Fishing pier. A dock or wharf providing a recreation opportunity for sport fishing.
r Flmvuble or otherwise hazardous rmterials. Substances exposing one to or involving danger;
substances which may be perilous, risky or involving risk of loss.
Flea mrrhet. An open area or building used for occasional or periodic sale of goods b
individual sellers for limited periods of time. Y
Flood level. The elevation which will be inundated by floods known to have occurred or
reasonably characteristic of what can be expected to occur from the overflow of inland or tidal
waters and the accumulation of runoff of surface waters from rainfall.
Floor area, nonresidential. Nonresidential floor area is the sum of areas for
nonresidential use on all floors of buildings, measured from the center line of the exterior
walls, including interior and exterior halls, lobbies,
balconies used for nonresidential uses , enclosed porches and
E.. Not countable as nonresidential floor area are:
L) parkin- and ioadin- areas within buildings
Ik Onen terraces patios a+riums o b conies
_LcLSta�rways elevator shafts m anic 1 0o s o
1d) Floor areas spe ifically excluded from floor ar a limitat,on� h,
these rea�lations ped al prov�stons of
Floor area, residential. The sum of areas for residential
I measured from the center line of the exterior walls or wdeduse on all floors of buildings,
halls, lobbies, 2L Lo s, including interior and exterior
below flood olane enclosed porches and private enclosed balconies and---fl0°r—
Not countable me residential floor ar a are ,
LaL Open terraces pattn� a+riums or balconies
b) Carnorts-ara-es bree Pways +� 1 sh de
(c) Soecial p,rnnao s for common use
a is of occunantc su h as recreat rooms nP
a
(d) Staff space for therapy or exami ation in orouo carp
e Bas ent space not use d housinn
fo livin- arrnmmnrin+i0n5.
(f) Stairways elevator shafts or mecham al rooms or
Any commercjal or other nonresidential space
Florists. See Retail.
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Fbod processing. A commercial establishment in which food is prepared or otherwise
processed for human consumption but is not consumed on premise and is generally sold to a
distributor.
Fbrtcaze-tellers. See Astrologists.
Fheigh.t terminals. See Warehouse.
Fyaternity; sorority; student center. The terms "fraternity," "sorority" or "student
center" refer to buildings or portions of buildings constructed and reserved primarily for
fraternity, sorority, or student center purposes. Application of the regulations herein set out
is intended to be limited to the physical facilities involved for zoning purposes only and'does
not include authorization or control of the organization itself. A fraternity or sorority under
this zoning ordinance shall be construed as an establishment chartered by an appropriate national
or state organization and approved by the educational institution to which it relates. Such
establishments provide social and recreational facilities primarily for student members (with
visits by alumni and guests) and may provide lodging and/or meals. For regulatory purposes,
student centers operated under religious or other eleemosynary auspices and approved by the
education institution to which they relate shall be construed to fall under the same zoning
controls as fraternities and sororities, including applicable controls on dwelling or lodging
units involved.
D ont yard. Front yards shall be construed as extending between side lot lines across the
frontage;of the lot.
Fyontage, as specially related to sign regulation cvzd pedestrian stree tslpatlzuxys. Adjacent
to a street, whether at the front, rear, or side of a lot.
Photons. Commercial recreation facilities devoted to Jai Alai.
Rmenal ham. A facility licensed by the state and containing either suitable storage room
for the dead including embalming facilities, and may also provide rooms for the display or the
dead or.ceremonies connected with burial or cremation.
Oxlleries. A building or hall where pictures, paintings, sculpture, photography or other
artistic works are displayed or sold.
Garage. See Carport.
Qxrage sale/yard sale. Sales of secondhand household goods at private residences, yards and
garages. The term "estate sale" is also included in this definition.
Ghrden supply. Building, land or greenhouses used to raise or sell flowers, shrubs, or
plants and related items.
Gazeral entertaimnnt facilities. Uses which serve the amusement and/or recreational needs
of neighborhoods and specific areas, typically require easy access by pedestrians and private
automobiles and are generally located along arterial or collector roadways.
Gemral neighborhood retailing. Uses which serve the retailing needs of communities and
specific _areas, typically require easy access by pedestrians and private automobiles and are
generally: located along arterial or collector roadways.
Gbvermnnt maintenance facilities. Building, land, or structure designed and intended to be
used in the routine upkeep and repair of government owned or leased equipment.
Gbuermmt offices. Governmental administrative and judicial buildings.
Gbuermimtal utilities. A facility or agency which, under public franchise or ownership or
other lawful relationship, provides the public with an energy source, communication services,
waste disposal services, transportation facilities or other similar services.
Green space. An open space area not occupied by impervious surfaces and located at ground
level.
Gross lot area. See Lot area, gross.
Group hones for the deuelopneztally disabled. Residential facilities which provide a family
living environment including supervision and care necessary to meet the physical, emotional and
social needs of the clients. See also Community based residential facilities.
258 10863
nest lianas. See Tourist home, guest hongw" .
Ih&bitable roans. Rooms designed and used for living, sleeping, eating, or cooking, or
combinations thereof. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry and
utility spaces, basement recreation rooms, and similar areas are not considered habitable rooms.
Hvxl tzde products. The production of unique, not mass produced, crafts, art objects,
sculptures, or fine art objects for sale or display.
hbalth spa or studio. Establishments providing facilities and instruction for exercise and
sports training and similar activities.
1*1ipad. A surface used for parking helicopters. It may be located inside or outside of
the takeoff and landing area.
I*liport. An identifiable area on land, water, or structure, including any building or
facilities thereon, used or intended to be used for the landing and takeoff of helicopters. The
term heliport as used herein applies to all sites, including helistops, used or intended to be
used for the landing and takeoff of helicopters.
I*listop. An area used or intended to be used for the landing and takeoff of helicopters
engaged in dropping off or picking up of passengers or cargo.
1 1 id �rfvu-cn
andftl e"c1'6tectM8+---`he1_itftge OF the city, state or nation. See also
1..
i
M ring hall. A building used to provide employment services for laborers.
Hnn for the aged. See Nursing home or Extended care facility.
i hb»e occupation. A home occupation is an occupation conducted entirely within a dwelling
unit. See also section 906.5 of this ordinance.
Hynes for the deuelg7rentally disabled. A group home licensed by the State of Florida which
serves clients with a disorder or syndrome attributable to retardation, cerebral palsy, autism,
epilepsy, or spina bifida and which constitutes a substantial handicap that can reasonably be
expected to continue indefinitely. See also Community based residential facility.
hbrizon arc. Horizon arc, as used in relation to view protection in these regulations,
jj means the portion of the horizon (in degrees) involved in the view being protected.
I Fbspital. An institution having an appropriate license or Certificate of Need issued by the
1I State of Florida and providing primary health, medical, or surgical care to persons suffering
from -illness, disease, injury, deformity or abnormal mental conditions; may include related
accessory facilities such as laboratories, out -patient or training facilities.
Fbtel; trotel. A facility of eleven (11) or more lodging units offering transient lodging to
the general public and providing accessory services such as dining rooms, restaurants, meeting
rooms and recreational facilities.
hotel, apar•brzt. See Apartment hotel.
hbtel, residence. See Apartment hotel.
{house barge. A vessel, manufactured or designed or intended to be used as a residence
comprised of a dwelling unit floating on the water, which is not designed or manufactured with a
system of propulsion.}
{bbuseboat• A vessel, a private pleasure craft, consisting of a boxlike superstructure
supported in the water by flotation devices, not suitable for rough water, and designed and
manufactured to be self-propelled.}
Lousing for the elderly. See Community based residential facility and Nursing home.
Institution for the aged (hone for the aged)• See Nursing home or extended care facility.
259 10863
Interne parking. An area designated and approved to provide temporary parking facilities
during construction of a building.
Jail. A building designated by law or regularly used for the confinement of persons held in
lawful custody.
Junhyand. See Automobile wrecking yard.
Mndetgarten. See Schools, kindergarten.
Mosk. A free standing bulletin board having more than two (2) faces.
M tchen facilities. A portion of a dwelling unit used for the preparation of meals and
shall include a kitchen sink.
Latmdry/dry cleaning plant. An establishment providing washing, dry cleaning, dyeing,
pressing, or special similar services, not open to or for the direct use of the general public.
Letter, photostating or &q.7lication services. See JwK k—copy Ouickconv services.
Level of service (LGS). An indicator of the extent or degree of service provided by, or
proposed to be provided by a facility based on and related to the operational characteristics of
the facility. Level of service indicates the capacity per unit of demand for each public
facility. adopted by the Comprehensive Plan in order to ensure that adequate facility capacity
will be provided for future development and for purposes of issuing development orders or
development permits, pursuant to section 163.3202(2)(g), Florida Statutes, 1985.
Library. A repository for literary or artistic materials such as books, periodicals,
i pamplets, and prints usually systematically arranged and accessible to the general public.
Lift station. A building or structure which conveys sewage through pipes.
Living quarters. Living quarters is a generic term including dwelling units and lodging
units.
Loading facility, offstreet. A building, structure, and area used in the operation of
terminal facility. See also Loading space, offstreet and Berth/stall.
.Loading space, offstreet. An area in which goods and products are moved on and off a�
vehicle, including the stall or berth and the apron or maneuvering room incidental thereto.
Lodging unit. Attached or semi-detached living quarters comprised of furnished room(s) of
approximately 200 gross square feet or less in area, 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, 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.
Lot area, gross. The net area of the lot, as defined herein, plus half of •adjoining street
rights -of -way and 70 feet of any other public open space such as parks, lakes, rivers, bays,
public transit right-of-way and the like. For areas included in applicable Special Districts
(SD-5, 6, 7, 10, 11, 14, 16), the gross lot area shall include net area of the lot plus half of
adjoining street rights -of -way and 90 feet of any other public open space such as parks, lakes,
rivers, bays, public transit right-of-way and the like. In both cases, where such space adjoins
lotsontwo adjacent sides, the area thus added shall include the area required to complete the
gap otherwise left at the intersection.
Lot area, net. The total area within the lot lines excluding any street rights -of -way or
other required dedications.
Lot, confomung. A parcel of land meeting the requirements of this ordinance as to
dimensions (width, depth, or area) and access.
260 10863
Lot, corner. A lot or parcel of land abutting upon two or more streets at their
intersection, or upon two parts of the same street forming an interior angle of less than 135
degrees. The frontage of a corner lot shall be deemed to be the narrower of the two sides
abutting a street or, in the case where the two abutting sides are of equal length, the frontage
shall be determined by the applicant at the time of the first building permit.
Lot covergge. The area of the lot occupied by all buildings, excluding structures such as
decks, pools, awnings and canopies.
Lot, interior. A lot or parcel of land abutting upon only one street.
Lot, irregular. A lot or parcel of land so located, shaped, or oriented to adjacent lots
that application of general measurement methods or yard requirements serves no significant
purpose.
.Lot, I'Mconfonning. A parcel of land with dimensions or access not meeting minimum
requirements of this ordinance as passed or amended which:
(a) Existed at the time of passage or amendment of this ordinance, or
(b) Was made deficient in dimensions or access, or had its deficiency increased, as a
result of public taking, or
(c) Was created or made deficient in dimensions or access by order of a court of competent
Jurisdiction under circumstances where justice or equity preclude establishment of
conforming lots.
Lot, regular. A lot abutting a public street or approved private street, so located,
shaped, and oriented to the street and to adjacent lots as to be reasonably adapted to
application of general requirements and limitations of this Ordinance.
Lot, reversed frontage. A lot, which may be an interior, corner or through lot, and in
which the frontage has interior angles less than one hundred thirty-five (135) degrees to the
Lgeneral pattern in the area.
Lot, substcux rd. A lot other than a conforming or nonconforming
lotprivately created
after passage or amendment of this ordinance and not in accord with its requirements as to
dimensions and/or access.
Lot, through. A lot other than a corner lot, and with frontage on more than one (1) street;
alleys shall not be considered as streets for purposes of this definition.
Mior private pleasure craft. See "Vessel, private pleasure craft".
AAjor recreational equipment. Vehicles including travel trailers, pickup campers, converted
i trucks or buses, motorized homes, tent campers, tents, or other short term housing or shelter
arrangements and devices, boats and boat trailers, combinations thereof, and other similar
equipment, and trailers, cases, and boxes for transporting recreational equipment, whether
occupied by such equipment or not. See also "Travel trailer."
Mmufaeturing. Establishments engaged in the mechanical or chemical changing of raw
products/materials into new products or components.
Nhrina. A facility for storage, servicing, fueling, berthing, and securing of pleasure
boats.
Maine insurance broleer. A licensed insurance agent or broker providing services
exclusively to water -related industries or services.
Aftrine landiirg facilities. Structures or buildings associated with the operation, landing,
or takeoff of amphibious craft such as sea planes.
Aba•ine salvage. An establishment which receives compensation for providing assistance to
vessels in distress and may collect, claim or store cargos or vessels which are thus rescued or
found abandoned.
Mrss transit tenninal. A place where people transfer from or to mass transit trains.
�.O863
261
Mid 4 arehouse. A mini -warehouse is a building or a group of buildings within a controlled
access fenced or walled area, designed to contain space in individual compartments (not to exceed
eight hundred (800) square feet) available to the general public for rent or lease for storage of
goods or wares.
A4i-ed use. A development in which more than one type of use is provided such as residential
and retail, retail and office, residential and office, etc.
Nbbile hone. See "Dwelling, mobile home."
A&ring. An area in or directly above the water where a vessel is secured by a cable,
anchor or line to a dock or wharf.
Mtel. See "Hotel; motel."
Mltifcnuly citelIing. A building containing three or more dwelling units each of which has
direct access to the outside or to a common hall.
Wtifatly use; miltiple fatly use. For purposes of determining whether a lot is in
multifamily or multiple family use, the following considerations shall apply:
(1) Multifamily uses may involve dwelling units intended to be rented and maintained under
central ownership or management, or cooperative apartments and condominiums.
(2) Where an undivided lot contains more than one (1) building, and the buildings are not so
located that lots conforming to requirements for one or two-family dwellings in the
district could be provided, the lot shall be considered to be in multifamily use if it
contains three (3) or more dwelling units, even though individual buildings involved may
each contain less than three (3) dwelling units. An exception to this would be the
addition of one (1) unit to a duplex -zoned lot in instances where lot size is sufficient
to allow such addition.
(3) Any multifamily dwelling in which dwelling units are available for rental or lease for
periods of less than one (1) week shall be considered a tourist home, motel, or hotel,
depending on the number of dwelling and/or lodging units available for periods of less
than one (1) week; provided however, that temporary living quarters for guests of
regular tenants may be provided in any multifamily dwelling, with the number of such
units limited to ten (10) percent of the number of dwelling units, and subject to other
requirements of the district as to lot area per unit, offstreet parking, and the like.
1*t lot area. The total area within the lot lines excluding any street rights -of -way or
other required dedications.
Aright club. A night club shall mean a restaurant, dining room, bar, or other similar
establishment providing food or refreshments wherein paid floor shows or other forms of paid
entertainment are provided for customers as a part of the commercial enterprise.
.11buonfomung characteristics of use. Characteristics of use where the nonconformity was
created by ordinance adoption or amendment, as provided in article 11 of this ordinance, as well
as those where nonconformity was created by public taking or court order, as provided in article
11 of this ordinance.
liii=nfonning lot. See Lot, nonconforming.
.Nbn onfoiming structw e. Any building or structure where the nonconformity was created by
ordinance adoption or amendment, as provided at section 1101.2 of this ordinance. The element of
use is not 'a factor in determining structural nonconformity. Thus a structure in nonconforming
use is not to be construed as a nonconforming structure if otherwise lawful under district
regulations concerning lot dimensions, lot coverage, height, yards, location on the lot, floor
area ratio, or requirements other than those applying to use.
1lbnconfomung use (of land or uater or land with structures only). Where, at the effective
date of adoption or amendment of this zoning ordinance, lawful use of lands or waters exists.
which would not be permitted by the regulations of the district in which the property is
situated, and where such use involves no individual, permanently fixed structure with a
replacement cost exceeding two thousand dollars ($2,000.00) and no combination of permanently
fixed structures with a combined replacement cost exceeding five thousand dollars ($5,000.00),
the use may be continued for a period of not more than two (2) years after the effective date of
this zoning ordinance or amendment thereto creating nonconforming status, so long as it remains
otherwise lawful, and all evidence of such prior use shall be removed at the end of the two-year
period.
262 10863
Nonconfomting use of structures or structures and prenises in om bination. Where, at the
effective date of adoption or amendment of this zoning ordinance, lawful use of structures, or of
structures and premises in combination, exists (which would not be permitted under the
regulations imposed) and where such use involves an individual, permanently fixed structure with
a replacement cost exceeding two thousand dollars ($2,000.00) or a combination of permanently
fixed structures with a replacement cost exceeding five thousand dollars ($5,000.00), such use
may be continued so long as it remains otherwise lawful.
1lbncott.fonnities. See Lot, nonconforming.
Mnresidential. Of or pertaining to use for commercial or non -domiciliary purposes.
Nonresidential floor area. The sum of areas for nonresidential use on all floors of
buildings, measured from the outside faces of the exterior walls, including interior and exterior
halls, lobbies, stairways, elevator shafts, mechanical rooms, enclosed porches and balconies.
Excluded from nonresidential floor area are: (a) parking and loading area within buildings; (b)
open terraces, patios, atriums or balconies; or (c) floor areas specifically excluded from floor
area limitations by special provisions of these regulations.
Nirsery school. See "Child daycare center."
Nosing hone or extended care facility. An institution which is licensed by the State of
Florida to provide health care or medical supervision for twenty-four (24) or more consecutive
hours for three (3) or more persons not related to the governing authority by blood, marriage or
adoption.
Offs ite parking. Spaces provided for vehicles and located outside of the boundaries of the
lots to be served.
act;vwy. See "Use."
Office. A room or group of rooms used for conducting the affairs of a business, profession,
service industry, or government.
Offstreet loading facility. See Loading facility, offstreet.
Offstreet loading space. See Loading facility, offstreet or Stall/berth.
Offstreet loading stall or berth. See Stall/berth.
Offstreet parking. Any private land area designed and used for parking motor vehicles
including parking lots and garages, private driveways, garages serving residential uses, but not
including legally designated areas of public streets and right-of-way.
C-vz space. Any parcel or area of land or water essentially unimproved by permanent
buildings and set aside, dedicated, designated or reserved for public or private use or enjoyment
or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open
spaces.
Qttdoor advertising business. An establishment which provides outdoor displays or display
space on a lease or rental basis for general advertising and not primarily or necessarily for
advertising related to the premises on which erected. Outdoor advertising signs shall be
construed as including any billboards, poster panels, or other displays or display spaces or
surfaces used in the conduct of the outdoor advertising business.
Packaging. Establishments which organize, bind, wrap products or pieces -of a product or
components for transfer or shipment.
Pacleage liquor. Retail establishment licensed by the State, primarily selling wines, beer,
or liquor for off -site consumption.
Dint and uallpaper stores. See Retail.
Parcel. See Lot.
Parking area. Any public or private land area designed and used for parking motor vehicles
including parking lots and garages, private driveways, garages serving residential uses, and
legally designated areas of public streets and right-of-way.
10863
263
RU*ing ChYV. A building or portion thereof primarily used for the parking or storage of
motor vehicles.
Parle. A tract of land designated and used by the public for active and passive recreation.
PUm shop. Establishments which provide loans upon delivery of personal goods or other
chattel as security and sell those same items as a second hand retail service.
Personal services. Establishments primarily engaged in providing services involving the
care of a person or their apparel, such as but not limited to, beauty/barber shops, shoe repair,
exercise/health salons, photographic studios, clothing rental and secretarial services.
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.
Pier. A platform extending from shore over water used to secure and protect vessels.
Planted =U develop7mt. An area of a minimum contiguous size, as specified by this
ordinance, developed according to a plan as a single entity and containing one or more buildings
or structures with appurtenant common areas. See also section 501 of this ordinance.
Plcntning district. The seven geographical divisions of the City of Miami used for capital
facilities planning purposes and including: District A -Model City/Edison/Little River, District
B-Down town/Overtown/Wynwood, District C-Coconut Grove, District D-Little Havana, District E-
Flagami, District F-Allapattah, and District G-Virginia Key.
Plaza. An open space which may be improved, landscaped, or paved usually surrounded by
building or streets.
Portale. A covered arcade. See also Arcade.
Principal buildiltg. A structure used to enclose or house the primary use(s) located on a
parcel.
Principal structure. See principal building.
Principal use. The primary use associated with a parcel of land.
Professional services. Services rendered by a vocation or occupation requiring special,
usually advanced, education and skill; implies professed attainments in special knowledge as
distinguished from mere skill.
Public incinerator. See Solid waste facility.
Qw•ry. A place where rock, ore, stone, gravel, or similar materials are excavated for sale
or for off -site use.
i
iiickcopy services. An establishment which provides blueprinting or duplicating services,
�
limited to electrostatic or similar type reproduction copying known as quick copy, specifically
disallowing offset lithography and letterpress printing.
dogs. Rice track. An area designed and used for competition of speed and running of horses or
.Rear yarrl. See also section 901fi-5 of this ordinance. Rear yards shall be construed as
extending across the full width of the lot at its rear.
&creation facility. A place designed and equipped for the conduct of sports, leisure
activities and other customary and usual diversions.
&creation space. Any space enjoyment of leisure time. or area solely dedicated and designed and used for the
.Recreational equip�nmt, nujor. Vehicles designed to accommodate recreational and
transportation activities including travel trailers, pick up campers, converted trucks or buses,
motorized homes, tent campers, tents or other short term housing or shelter arrangements and
devices, boats and boat trailers, combinations thereof, and other similar equipment, and
trailers.
264 10863
W
R
Fair grin. Building used for the service, maintenance, major repairs, paint or body
work available to the public.
&scue ndssion. Facility which provides overnight, dormitory -style shelter (with or without
food service provisions) to those persons lacking residences, possessions or resources.
&sidence hotel. See Apartment hotel.
&sidential. Of or pertaining to use for non-commercial or domiciliary purposes.
Restaurant. An establishment where food and drink is prepared, served and consumed on the
premises. See also Drive -through v" establishments or Drive +hrough facie tv.
Retail. Sale for final consumption in -contrast to sale for further sale or processing (i.e.
wholesale). A sale to the ultimate consumer.
Rbrnung ad lodging house. See Boarding house or Tourist home, guest home.
Reversed frontage lot. See Lot.
R xnn, habitable. See Habitable rooms.
Sail nzdhing. The making of nautical sails.
Schools. Any building or part thereof which is designed, constructed or used for
educational or instructional purposes.
Schools, business or professional. Private educational facilities primarily teaching skills
which apply to employment opportunities or careers advancement or personal achievement.
Schools, elenentary. Schools licensed by the state which meet the state requirements for
education.
Schools, kindergarten. Schools which are preparatory to elementary school and are in
compliance with a pupil progression plan approved by the Dade County School Board or a non-public
school from which the Dade County School Board accepts academic credit._
Schools, private. A building or group of buildings the use of which meets the requirements
state requirements for kindergarten, elementary, secondary or high school education and which use
does not secure the major part of its funding from any governmental agency.
Schools, secondary. A school licensed by the State and which is authorized to award
diplomas for secondary education.
Schools, uocational. A secondary or higher educational facility, recognized and licensed by
the State, primarily teaching usable skills that prepare students for jobs in a trade.
Setback. The distance from base building line to the point where a building may be
constructed.
Ship chandlers. A dealer in supplies and equipment for marine vessels.
9aipyrz�rl. An area where ships, boats or vessels are built, repaired and stored.
Shops for marine uoodwrhing. Establishment associated with the manufacture of boats,
ships, and other similar vessels.
Side •ard. See Yard or Yard. side.
Sign. A sign is any name, identification, description, display, illustration, or device
which is affixed to or represented directly or indirectly upon a building, structure, or land in
view of the general public and which directs attention to a product, place, activity, service,
person, event, institution, structure, or business.
Sign, address. Signs limited in subject matter to the street number and/or postal address
of the property, the names of occupants, the name of the property, and, as appropriate to the
circumstances, any matter permissible in the form of notice, directional, or warning signs, as
defined below. Names of occupants may include indications as to their professions, but any sign
bearing advertising matter shall be construed to be an advertising sign, as defined below.
10863
265
Sign, advertising. Signs intended to promote the sale of goods or services, or to promote
attendance at events or attractions. Except as otherwise provided, any sign bearing advertising
matter shall be considered an advertising sign for the purposes of these regulations.
i Sign, an»?uted. A sign which moves or has externally moving (or apparently moving) parts or
messages. For special purposes of these regulations, time and temperature signs shall not be
construed to be animated signs but are regulated separately.
Sign, catvtuted, revolving or whirling. A revolving or whirling sign is an animated sign,
which revolves or turns, or has external sign elements which revolve or turn, at a speed greater
than six (6) revolutions per minute. Such sign may be power driven or propelled by the force of
wind or air.
Sign, banner. A sign made from flexible material suspended from a pole or poles, or with
one (1) or both ends attached to a structure or structures. Where signs are composed of strings
of banners, they shall be construed to be pennant or streamer signs.
Sign, cuncM, nw*quee, or outing. A projecting sign (other than a hanging sign) which forms
a part of, or is painted on, or attached to a canopy, marquee, or awning.
Sign, construction. Onsite signs identifying the development of the premises and the
owners, architects, engineers, contractors and others involved in such development. Such signs
may be combined with development signs.
Sign, deuelcpnent. Onsite signs announcing features of proposed developments, or
developments either completed or in process of completion.
Sign, flashing. A sign which includes a flashing, changing, revolving, or flickering light
I source or a change of light intensity, whether internally or indirectly illuminated. For the
special purposes of these regulations, time and temperature signs shall not be construed to be
flashing signs, but are regulated separately. (See South Florida Building Code section 4209.3,
for limitations on wording or illumination of flashing signs.)
Sign, frontage, as related to regulation. Notwithstanding definitions in this zoning
ordinance referring to lot frontage, for the purpose of regulating the number of signs, the term
"fronting on a street," "street frontage," or "frontage" shall be construed as adjacent to a
street, whether at the front, rear, or side of a lot.
Sign, ground (or freestanding). A sign other than a sign primarily supported by or affixed
to the roof or wall of a building. A sign shall be construed to be a ground sign even though
braced against a building if its principal support is not the building. Ground signs shall be
constructed as including signs mounted on poles or posts in the ground, signs on fences, signs on
walls other than the walls of buildings, signs on sign vehicles, portable signs for placement on
the ground (A -frame, inverted T-frame and the like), signs on or suspended from tethered balloons
or other tethered airborne devices, and signs created by landscaping.
Sign, hanging. A projecting sign suspended vertically from and supported by the underside
of a canopy, marquee, awning or from a bracket or other device extending from a structure.
Sign, illuminated. A sign which is artificially lighted from sources primarily designed for
this 'purpose. Where artificial lighting making the sign visible is incidental to general
illumination of the premises, the sign shall not be construed to be an illuminated sign.
Sigt, indirectly illuminated. A sign illuminated primarily by light directed toward or
across it or by backlighting from a source not within it. Sources of illumination for such signs
may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs
depending on automobile headlights for an image in periods of darkness shall be construed to be
indirectly illuminated signs.
j Sign, internally (or directly) illumittated. A sign containing its own source of artificial
i light internally, and dependent primarily upon such source for visibility during periods of
darkness.
Sign, notice, directional, and uaaning. For the special purposes of these regulations,
notice, directional, and warning signs are defined as signs bearing no advertising matter and
limited to providing notice concerning posting of property against trespass, directing deliveries
or indicating location of entrances, exits and parking on private property, indicating location
of buried utilities, warning against hazardous conditions, prohibiting salesmen, peddlers, or
agents, and the like.
266 10863
Sign, offsite. A sign other than an onsite sign. The term includes, but is not limited to,
signs erected by the outdoor advertising industry in the conduct of the outdoor advertising
business.
Sign, a+nsite. A sign relating in its subject matter to the premises on which it is located,
or to products, accommodations, services, or activities on the premises. Onsite signs shall not
be construed to include signs erected by the outdoor advertising industry in the conduct of the
outdoor advertising business.
Sign, outdoor advertising. A sign which provides outdoor displays or displays space on a
lease or rental basis for general advertising and not primarily or necessarily for advertising
related to the premises on which erected. Outdoor advertising signs shall be construed as
including any billboards, poster panels, or other displays or display spaces or surfaces used in
the conduct of the outdoor advertising business.
Sign, pennant or streamer, pennant or streamer signs or signs made up of strings of
pennants, or composed of ribbons or streamers, and suspended over open premises and/or attached
buildings.
Sign, projecting. A sign affixed in any manner to any exterior wall of a building or other
structure, and with any portion projecting more than twelve (12) inches horizontally therefrom,
or hanging sign.
Sign, real estate. Signs used solely for the purpose of offering the property on which they
are displayed for sale, rent, lease, or inspection or indicating, that the property has been
sold, rented, or Lleased. Such signs shall be nonilluminated and limited in content to the name
of the owner or agent, an address and/or telephone number for contact, and an indication of the
area and general classification of the property.
Real estate signs are distinguished in these regulations from other forms of advertising
signs and are permitted in certain districts and locations from which other forms of advertising
signs are excluded.
Sign, roof. , A sign affixed in any manner to the roof of a building, or a sign mounted in
whole or in part on the wall of the building and extending above the eave line of a pitched roof
or the roof line (or parapet line, if a parapet exists) of a flat roof.
Sign, tvne and terperature. A sign conveying lighted messages indicating time, temperature,
tide change, barometric pressure, or wind speed and direction, by means of illuminated letters or
numbers with change intervals for such messages of not less than four (4) seconds. For purposes
of these regulations, time and temperature signs shall not be construed to be flashing signs or
animated signs.
Sign, ueticle. A trailer, automobile, truck, or other vehicle used primarily for the
display of signs (rather than with sign display incidental to use of the vehicle for
transportation). For purposes of these regulations, signs on sign vehicles shall be considered
to be ground signs except for temporary political or civic campaign signs on sign vehicles.
Sign, uall or flat. A sign painted or affixed in any manner and approximately parallel to
any exterior wall of a building, with no portion more than twelve (12) inches from the building
wall.
Sign, windav or door. A sign affixed to the inner or outer surface of a window or a door,
and visible from public ways.
Sign structure. A structure for the display or support of signs. In addition, for purposes
of these regulations, and notwithstanding the definition of structure generally applicable in
these zoning regulations, any trailer or other vehicle, and any other device which is readily
movable and designed or used primarily for the display of signs (rather than with signs as an
accessory function) shall be construed to be a sign structure, and any signs thereon shall be
limited in area, number, location, and other characteristics in accordance with general
regulations and regulations applying in the district in which displayed.
Signs, area of. The surface area of a sign shall be computed as including the entire area
within a parallelogram, triangle, circle, semicircle or other regular geometric figure, including
all of the elements of the matter displayed, but not including blank masking (a plain strip,
bearing no advertising matter around the edge of a sign), frames, display of identification or
licensing officially required by any governmental body, or structural elements outside the sign
surface and bearing no advertising matter. In the case of signs mounted back-to-back or angled
away from each other, the surface area of each sign shall be computed. In the case of
10863
267
l cylindrical signs, signs in the shape of cubes, or other signs which are substantially three-
dimensional with respect to their display surfaces, the entire display surface or surfaces shall
be included in computations of area.
In the case of embellishments (display portions of signs extending outside the
eneral
display area) surface area extending outside the general display area and bearing advertising
material shall be computed separately as part of the total surface area of the sign.
Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the
purpose of regulating the area of signs the terms "fronting on a street," "street frontage," or
"frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a
lot. (See also diagram on number and area of signs.)
Signs, number of. For the purpose of determining
the number of signs, a sign shall be
considered to be a single display surface or display device containing elements organized,
related, and composed to form a unit. Where matter is displayed in a random manner without
organized relationship of units, where strings of lights are used, or where there is a reasonable
doubt about relationship of elements, each element or light shall be considered to be a single
sign. Where sign surfaces are intended to be read from different directions (as in the case of
signs back-to-back or angled from each other), each surface shall be considered to be a single
sign.
Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the
purpose of regulating the number of signs, the term "fronting on a street," "street frontage," or
"frontage" shall be construed as adjacent to a street, whether at the front, rear, or side of a
lot.
Slip. See mooring.
Solid uaste facility. Establishment for the disposition of unwanted or discarded material
including garbage with insufficient liquid content to be free flowing.
Sorority. See "Fraternity; sorority; student center."
� ecial Frception. A Special Exception is a special permit for a use that would not be
appropriate generally or without restriction throughout a zoning district but which, if
i controlled as to number, area, location, or relation to the neighborhood, and having such
conditions attached which would eliminate or adequately mitigate any adverse impacts, would
promote the public health, safety, or welfare. Such uses may be permissible in a zoning district
as a Special Exception if specific provision for such Special Exception is made in this zoning
ordinance.
�*eeial pemut. See section 1300 of this ordinance.
4:)ecial pennit, Class I. See section 1301 and article 14 of this ordinance.
bpecial pemut, Class H. See section 1301 and article 15 of this ordinance.
47ecial permit, nvjor use. See section 1301 and article 17 of this ordinance.
Specified anatonical areas. Those areas of the human body, less than completely and
opaquely covered, which consist of: (1) female genitals or pubic region,
(2) male or female
buttocks, anus, anal cleft, or cleavage, (3) female breast below a point immediately above the
top of the areola, or (4) human male genitals in a discernibly turgid state.
Specified sexual activities. Those activities which, when described, displayed, exhibited,
simulated, or depicted by whatsoever medium in an adult entertainment service establishment: (1)
show the human genitals in a state of sexual stimulation, or being aroused to a state of sexual
I> stimulation, (2) show acts of human masturbation, human sexual intercourse, or sodomy; or sexual
acts between humans and animals (3) show one (1) human being fondling or touching erotically
the genitals, pubic area, buttock, anus, or female breast of another human being.
Stall/berth. The space within which vehicles are placed during actual loading or unloading
operations.
Structure. A structure is anything constructed or erected, the use of which requires fixed
location on the ground or attachment to something having fixed location on the ground. A
combination of materials to form a construction having a fixed location, or attached to something
having a fixed location, on or below the surface of the ground or water.
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268
Student center, See "Fraternity; sorority, student center."
Sttdio. A building or part of a building used as a place of work by an artist,
photographer, or artisan.
&bstcnzdand lot. See "lot, substandard".
Substantial clzange. See Section 2215.1 of this ordinance.
Substantial nndification (of existing offstreet parking facilities containing tam or nvre
spaces). Changes in number, location, dimensions, or arrangement of spaces or aisles, entrances
or exits, or character, type, or amount of landscaping.
Syzbolic, auzrtd flags, lzouse flags or banners. Flags or banners identifying institutions or
establishments symbolically or indicating special awards, but bearing no advertising matter other
than the symbol of the institution or establishment.
7brporary special event. Carnival, festival, fair or other event not intended to continue
on a permanent basis.
2burist hanLa, guest hare. A dwelling unit or facility which provides temporary
accommodations for less than one (1) week to three (3) or more overnight guests for a fee; meals
may be served to these guests.
?having service. Establishment which provides for the removal and temporary storage of
vehicles but does not include disposal, permanent disassembly, salvage or accessory storage of
inoperable vehicles.
Transit stations. A building, structure or area designed and used for persons changing
transportation modes.
1 Travel trailer and similar terpora y c1mllings or lodgings. A travel or camping trailer is
a vehicular, portable structure built on a chassis, designed to be used a as temporary dwelling
for travel, recreational, or vacation purposes, which:
(1) Is not more than eight (8) feet in body width; and
(2) Is of any weight provided its body length does not exceed thirty (30) feet or is of any
I length provided its gross weight, factory equipped for the road, does not exceed forty-
five hundred (4500) pounds.
Notwithstanding these limitations and for purposes of these regulations, pickup campers,
converted trucks, converted buses, converted automobiles, tent or popout campers, tents, or other
short term housing or shelter arrangements and devices shall be considered to be included in the
term "travel trailer." Watercraft used for housing purposes shall not be included in the term
"gravel trailer." (See "Vessel, private pleasure craft.") For purposes of these regulations,
travel trailers as defined herein are to be construed a separate class of dwellings or lodgings.
U del9mu zd parking. Parking in which the top of the roof or deck does not rise three and
one-half (3.5) feet (42 inches) above any adjoining public sidewalk.
Use. The purpose or activity for which land, water or buildings are designed, arranged, or
intended, or for which land or buildings are occupied or maintained.
Variance. The relaxation of the terms of the ordinance by approval of the Zoning Board
where such action will not be contrary to the public interest and where, owing to conditions
peculiar to the property and not the result of actions of the applicant, a literal enforcement of
I. this ordinance would result in unnecessary and undue hardship on the property. As used in this
ordinance, a variance is authorized only for height, lot coverage, dimensions of yards, parking,
other open spaces and/or loading requirements.
Vessel. A vessel is any watercraft, power -driven or not, mobile or stationary, surface,
subsurface or hydrofoil, including but not limited to ships, boats, barges, houseboats, air
boats, and seaplanes.
Vessel, crnniercial. A vessel built, altered or use
d for the principal purpose of engaging
in water -related commercial activity, including but not limited to charter boats, fishing boats,
cruise ships, freighters, and barges
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I . 269
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.
I 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.
I
Visibility, nnterial inpedirnmt 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.
%reliouse. Terminal facilities for the handling of freight or storage of goods and
materials.
% elouses. Building containing separate storage spaces of varying sizes, leased or rented
as individual leases.
%reliouse, nuni. See Mini -warehouse.
Wr rf. An area where vessel may tie up or land to transport passengers or cargo.
Wiolesale establishrents. See Warehouse and Retail.
Yard. An open space that lies between the principal buildings and the nearest lot line.
Such yard is unoccupied and unobstructed by any structure or portion of a structure from 42
inches from the ground upward except as may be specifically provided in this ordinance.
Noxis adjacent to streets. Except where base building lines establish other points from
which measurements shall be taken, required yards adjacent to streets shall be measured as
follows: a straight line shall be drawn between the two (2) points at which lot lines for the
portion of the lot involved intersect the street line. Where property corners are rounded, such
points shall be plotted by projecting the lot lines to the point where they would have met
without, rounding. Depth or width of required yards adjacent to streets shall be measured
perpendicular to such straight lines, and the inner line of such required yards shall be parallel
to the outer line, and at the minimum distance therefrom prescribed in district regulations.
Yard, front. Front yards on interior lots shall be construed as extending between side lot
lines across the frontage of the lot. Front yards on corner lots shall be construed as extending
across the frontage of the lot from the interior side lot line to the opposite street line.
Yaixls, interior yards; credit for adjacent alleys. Interior side yards on through lots with
more than one (1) front yard shall be construed as running from the rear line of the required
rear yard. 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 line and at such
distance therefrom as is to be credited) and the inner line of the required yard shall be
parallel to such outer line, and at the minimum distance therefrom prescribed in district
regulations.
Yards, interior side yards on comer 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 line and at such distance therefrom as is to be credited) and the inner line of the
required yard shall be parallel to such outer line, and at the minimum distance therefrom
prescribed in district regulations.
�.0863
270
IQ
Rutls, other thcut adjacwt to streets; width to be three- fow•ths of front
requireintt. ror other yards adjacent to streets and where portions of the street othert han n
"d depth
frontage, the requirements, methods of measurement, and limitations (other than dimensional)
shall be as for front yards. See also Yard, front.
Yarn, 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.
Yarn, side. Interior side yards on through lots with more than one (1) front yard shall be
construed as running to the rear lines of front yards involved. 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). On corner lots, all yards
not adjacent to streets shall be construed as side yards. 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 line and at such distance therefrom as is to be credited) and the inner line
j of the required yard shall be parallel to such outer line, and at the minimum distance therefrom
prescribed in district regulations.
YMV, special. A yard other than adjacent to a street, required to perform the same
functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither
the term "side yard" nor the term "rear yard," as generally determined, defined, or applied with
respect to regular lots, fits the circumstances of the case. In such instances, the zoning
administrator shall require a special yard with minimum dimensions and methods of measurement as
generally required for either a side or rear yard in the district, determining which shall apply
by the relation of the portion of the lot on which the yard is to be located to the adjoining lot
or lots, with due regard to the orientation of structures and buildable areas thereon.
Yard, waterfront. Yards adjacent to waterways twenty-five (25) feet or more in average
width adjacent to the yard. Lots having one (1) or more such waterfront yards shall be
considered waterfront lots.
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271
x� ^ "ubmitted into the public
February 28th, 1991 record in conneL "Cion with
item P?-27 on oz
?-
,?t 9/
TO: HONORABLE MAYOR and MEMBERS OF THE CITY COMMISSION Matty Hirai
City Clerk
FROM: THE LIVEABOARD PRESERVATION ASSOCIATION
RE: A REQUEST FOR POSTPONEMENT OF THE READING OF PZ-28 and PZ-30
On January 28th, the City Commission mandated that the Planning
Department meet with members of our association and others to discuss, and
hopefully work out a compromise concerning the language in PZ-30. On
February 13th that Workshop meeting was held, and among the issues
discussed, and assurances given by Mr. Joe McMannus, Assistant Planning
Director and others representing the city were the following.
1. A summary of the Workshop meeting ®would be prepared and made
available to those interested by Tuesday February 19th.
2. A copy of the voice tapes of the Workshop would be made
available at approximately the same time as the summary.
3. A copy of the recommendations ( if any ) that would come out of
our meeting would be available several days after the summary was made
available, and well in time for the association to review before the next
Commission meeting.
The results did not conform with the assurances given. In fact, this is
what happened.
1. The summary, after repeated phone calls, was made available on
Friday February 22nd.
2. The voice tape, again after repeated phone calls, was finally made
available through a phone call from the office of Gloria Fox to our association
member Patty Durphy on Tuesday February 26th.
3. The recommendations were made available to us on Tuesday
February 26th.
On February 19th, our Chairman called Mr. McMannus to discuss with
him several discrepancies and misrepresentations that had appeared in the
10863
A REQUEST FOR :STPONEMENT - Continued r
Summary he had only minutes before picked up from the Planning office.
As part of that discussion he asked Mr. McMannus whether he( McMannus }
could share with him what the recommendation might be. Mr McMannus
responded that that was impossible because the recommendations had been
passed on to higher-ups, and if he revealed what they might be before they
approved them, or if they changed the recommendations, he might be
caught in the middle, and for that reason the recommendations would not be
made available to the Association until the following Tuesday.
Tet, while this discussion was taking place, the recommendations,
TIFJIE-D X ED FEBRIi,�RY 21 1 1 had already been released to the
public through the agenda of the forth -coming City. Commission meeting, a
fact that we did not learn until our Chairman visited City Hall on February
2 7th. y
So instead of receiving the promised documents in a timely fashion
which would have allowed the Association and other interested parties an
opportunity to review. and evulate them, as well as ask for and hold
meetings with city officials, including the Honorable Mayor and
Commissioners on the issues involved, we were denied access to the
Planning Department's " recommendations " until less than 48 hours before
this City Commission meeting. This action has prohibited us from and
meaningful and intelligent perusal of these recommendations, and has placed
us once again in a position of being forced to respond to the purported
Public policy " interpretations and decisions of the Planning Department
from a position of confusion and un-preparedness.
Given the importance of the issues, involving as it does the homes of
Miami citizens, and calling to the Mayor and Commissioners attention
fact that the Mr. McMannus and the Planning Department have consis ntl
attempted to deny the livaboard homeowners any viable in ut to their y
decision making by their previous actions, to wit_ P
1. Refusing to notify the attorneys in Haves vs City of Miami during
the planning and hearing stages of Ordinance 11000.
2. Refusing to notify or discuss the proposed changes to Ordinance
11000, which resulted in P2-3o. This denial was recognized by the
Honorable Mayor and City Commission and resulted in the mandate to h
the Workshop meeting on February 13th. old
Submitted into the public
record in connection with
item P� 21 on L j i
(2 - 3D Matty Hirai
City Clerk
A REQUEST FOR POSTPONEMENT - Continued
I Withhold the results of the Workshop so as to preclude any
meaningful and intelligent pursual and action by the affected individuals
until less than 48 hours before the City Commission meeting.
g
We therefore ask the Honorable Mayor and City Commissionrs of the
City of Miami to postpone the first reading of PZ-2$ and pZ_34 until i regularly scheduled meeting in March. is next
e
For The Liveaboard Association and Other Affected,
Respectfully, Submitted into the public
�d
record in connection with
item P z - �- g on -2a
Ai Crespo, Chairman P 2 3a Nutty Hirai
City Clerk
10863
PZW12
PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning
Department: January 16, 1991
PETITION 4. An Ordinance amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of
Miami, Florida, by amending Sections of the
entire Ordinance to add, delete and clarify
cross referencing to other Sections of the
Ordinance; by amending ARTICLE 1, INTRODUCTION,
Section 100 to correct language and a
typographical error in section text; ARTICLE 4,
ZONING DISTRICTS, Section 400 to delete "SD-19",
'HC-1" and "HC-2" designations from
comprehensive list of zoning districts, Section
400.2, to delete entire section; Section 401
Schedule of District Regulations,- to change the
prohibition against "houseboats" to
"housebarges"; to clarify the intent of the
different zoning districts; -to establish density
caps for all the residential districts (from R-1
Single Family Residential through R-4 High
Density Multi Family Residential); to clarify
the list of uses and requirements in all zonin
districts; ARTICLE 5 PLANNED DEVELOPMENT (PD?
OVERLAY DISTRICT to clarify the language;
ARTICLE 6 SD SPECIAL DISTRICTS; Section 601 SD-1
Martin Luther King Boulevard Commercial Overlay
District thru Section 619 SD-19 Designated
F.A.R. Overlay District, to clarify language for
use requirements and other limitations, and to
clarify the language for special permit
requirements; ARTICLE 9 GENERAL AND
SUPPLEMENTARY REGULATIONS Subsection 903.2.2. to
simplify the requirements when residential and
non-residential uses are combined in one
building; Subsection 903.5. to clarify language
pertaining to cases where zoning district
boundaries split lots or parcels; Subsections
904, 904.1 and 904.2 to clarify language for
determinations; Subsection 905.1.1 to require a
Class I special permit for emergency vehicle
access; Subsection 905.2 to clarify language
where a project crosses zoning district
boundaries; Subsection 906.5 to simplify home
occupation language; Subsection 906.6 to require
a Class I special permit for accessary permanent
active recreational facilities; Subsection 907.9
to clarify the buildable area and limitations on
occupancy; Subsection 907.10 to clarify the
section number and correct a typographical
error; Subsection 908.10.2 to clarify minimum
landscape requirements; Section 909 to clarify
the minimum dwelling unit size; Section 917 to
clarify language and add a reduction of parking
requirements for combined uses on the same
property; Section 918 to clarify maximum
distance limitations for off -site parking in
Special Districts (SD) and provide for City
Commission approval of off-street parking where
governmental action eliminates required parking;
Subsection 922.2 to correct a reference;
Subsection 922.7 to require open space in lieu
of deferred loading spaces; Subsection 931.2 to
require City Commission approval of reservoir
spaces for all financial institutions; ARTICLE
10 DESIGN STANDARDS to delete the entire
article, and reserve the number; ARTICLE 11 NON -
CONFORMITIES to clarify language for lots, uses,
structures and characteristics of use and add a
procedure to amend developments such as clusters
and special permits approved under prior zoning
ordinances; ARTICLE 13 SPECIAL PERMITS -
GENERALLY, to add sufficiency language; ARTICLE
15 CLASS II SPECIAL PERMITS; DETAILED
REQUIREMENTS to add coordination among permits
for the same project; ARTICLE '17 MAJOR USE
SPECIAL PERMITS to clarify the threshold
criteria; ARTICLE 21 ADMINISTRATION,
ENFORCEMENT, VIOLATIONS, PENALTIES, Subsection
2105.1.2 to restate former subsection-2105.1.1,
pertaining to applications pursuant to former
Zoning Ordinance 9500 filed prior to the
effective date of Ordinance 11000; to renumber
existing Subsection 2105.1.2 to 2105.1.3;
Subsection 2105.2 to add language for changes to
prior agreements; Section 2107 to clarify the
language when permits are granted in error;
ARTICLE 22 AMENDMENTS, Subsection 2208.2 to
remove time limits for Planning Advisory Board
recommendations on City -initiated legislation;
Subsections 2215.2 and 2215.3 to correct
scrivener's errors; ARTICLE 24 RESORT TO
REMEDIES, SAVING CLAUSE, SEVERABILITY; EFFECTIVE
DATE to correct references and ARTICLE 25
DEFINITIONS Section 2502 to add, delete and
modify definitions.
REQUEST To amend Zoning Ordinance 11000 to correct,
clarify and simplify the text.
10863
RECOMMENDATION
PLANNING DEPARTMENT
Approval.
BACKGROUND
Since Ordinance 11000 became effective in September
of 1989, these additions, deletions and
clarifications have been found necessary to
implement the intent of the Ordinance.
ANALYSIS
The amendments to the ordinance are discussed by
first referring to the article or section number and
then describing the proposed change, as follows:
Section 100. Repeal of Ordinance 9500, as amended.
Correction of language and typographical error
in section text.
Section 400. Districts listed.
Deleting "SD-1911, "HC-1" and "HC-2" designations
from comprehensive list of zoning districts.
Section 400.2. District classifications added by
amendment, except in case of SD -interim zoning
district.
Deletion of entire section.
Section 401. Schedule of District Regulations
Clarifying the intent for the different zoning
districts (from R-1 Single Family Residential
through R-4 High Density Multi Family
Residential) and establishing density caps for
all the residential districts in the City.
Clarifying the list of uses and requirements in
all zoning districts.
Changing the prohibition against "houseboats" to
"housebarges".
Article 5 - Planned Development Overlay District
Clarifying language in the Planned Unit
Development.
Article 6 - Special Districts (from Section 601 SD-1
Martin Luther King Boulevard Commercial Overlay
District through Section 619 SD-19 Designated F.A.R.
Overlay District)
10863
3
Clarifying language for use requirements and
other limitations in the special districts
(SD's);
Clarifying language for special permit
requirements in the special districts (SD's);
Article 9 - General and Supplementary Regulations
Section 903.2.2. Requirements applying to
residential and nonresidential uses combined in
building.
Simplifying language for requirements when
residential and non-residential uses are
combined into one building.
Section 903.5. Actions by Special Exception and
limitations thereon in cases where zoning boundaries
split lots or parcels.
Clarifying language regarding limitations in
cases where zoning district boundaries split
lots or parcels.
Section 904. Determinations concerning uses not
specified.
Clarifying language for determinations
concerning uses not specified.
Section 904.1. Notifications concerning
determinations.
Deletion of typographical error.
Section 904.2. Effect of findings by Director of
Department of Planning, Building and Zoning.
Clarifying language concerning characteristics
of use in making determinations.
Section 905.1.1. Special access for emergency and
public service vehicles.
Requiring Class I Special Permits for
authorization of special access for emergency
and public service vehicles.
Section 905.2. Separation of residential and non-
residential uses.
I
I
i
i
Clarifying language concerning separation of
residential and non-residential uses where a
single project crosses boundary lines.
Section 906.5. Home occupations.
Simplifying language regarding home occupations.
Section 906.6. Permanent active recreational
facilities as accessory uses in residential
districts.
Requiring Class I Permits for permanent active
recreational facilities as accessory uses in
residential districts.
Section 907.9. Buildable area, limitations on
occupancy.
Clarifying language regarding buildable area,
and limitations on occupancy. -
Section 907.10. Limitations on lots not platted in
accordance with current regulations.
Clarification of section number and correction
of typographical error.
Section 908.10.2. Requirement for provision of trees
in yard.
Clarifying language regarding minimum
requirements for provision of trees in yard.
Section 909. Minimum dwelling unit size.
Clarifying language regarding minimum dwelling
unit size.
Section 917. Offstreet parking requirements, general
provisions.
Clarifying language and adding a reduction in
parking requirements for combination of uses on
same premises.
Section 918. Offsite parking.
Clarifying maximum distance limitation for off -
site parking in special districts and adding
language to require approval by City Commission
approval for off-street parking where
governmental action eliminates required parking.
10863
Section 922.2. Application of City of Miami Guides
and Standards to location, design, improvement, and
landscaping of offstreet loading facilities.
Clarifying language regarding reference to
Article 10.
Section 922.7. Maintenance and use of areas on which
offstreet loading improvements are deferred.
Clarifying language to provide open space in
lieu of deferred loading spaces.
Section 931.2. Requirements for reservoir spaces,
applying generally.
Adding language to require City Commission
approval of reservoir spaces for all financial
institutions regardless of the location.
Article 10 - Design Standards.
Deletion of entire article and reserve the
number.
Article 11 - Non Conformities.
Clarifying language for lots, uses, structures
and characteristics of use and adding a
mechanism to amend clusters, PUN's, PUD's and
other types of development approved under past
zoning ordinances and a mechanism to amend
special permits issued prior to the effective
date of Ordinance 11000.
Article 13 - Special Permits; Generally.
New language establishing sufficiency when more
than one special permit is required for the same
issue.
Article 15 - Class II Special Permits; Detailed
Requirements.
Clarifying language regarding coordination among
permits and necessity of Class II Special Permit
in conjunction with Special Exception Permit or
MUSP for the same issue.
Article 17 - Major Use Special Permits.
Clarifying language establishing thresholds for
requirements for a major use special permit.
10863
(o
New Section 2105.1.2. Applications for public
hearings or special permits filed prior to the
effective date of Ordinance 11000.
New section number and clarifying language to
deal with applications for special permits or
public hearings in accordance with provisions of
Ordinance 9500, provided that complete
applications have been filed prior to effective
date of Ordinance 11000 (this new section was
previously part of section 2105.1.1.).
Section 2105.1.3. Actual Construction, defined.
New section number assigned per creation of
Section 2105.1.2. above.
Section 2105.2. Status of agreements, conditions,
and safeguards under prior zoning.
New and clarifying language establishing
authority for accepting changes to agreements
issued under past zoning ordinances.
Section 2107. Permits or certificates of use granted
in error do not authorize violation of ordinance;
corrections required.
Clarifying language applicable when permits are
granted in error.
'I
Section 2208.2. Planning Advisory Board.
New language removing time limit for Planning
Advisory Board recommendations on city initiated
legislation.
Section 2215.2. Changes subsequent to notice of
hearing; prior to hearing or at hearing.
Clarification of scriveners error with title to
next section.
Section 2215.3. Changes during Planning Advisory
Board, Zoning Board, or Commission consideration.
Clarification of scriveners error regarding
title.
Article 24 - Resort to remedies; saving clause;
severability; effective date.
t
Clarifying language regarding references to
other sections.
Article 25 - Defini.tions
Addition, deletion and modifications of
definitions.
PLANNING ADVISORY BOARD At its meeting of December 6, 1991, the
Planning Advisory Board adopted Resolution
PAB 10-91, by a 9-0 vote, recommending
approval with the following modifications:
a) delete portion of Section 605.4.3.,
paragraph 1, which would prohibit
entrances or exits from financial
institutions' drive -through
facilities located on major streets;
b) amend section 1706 to substitute
Planning Advisory Board action as
the prevailing recommendations in
instances where the City Commission
does not take action on applications
for changes to an existing major use
special permit after two (2) regular
meetings;
c) Floor Area Ratio may be increased
only for non-residential
CITY COMMISSION At its meeting of February 26, 1991, the
City Commission passed the above on First
Reading.
10863
`.N
�.
OlBcers: +� '
�Pjrod 5
resident Elect
Electj`
Adolfo H
w�pp�e�ppresrdmt n
itkhard Friend 1/
Treasurer
J. Megan Kelly
Demo L T
Peat Presidcot
Peter H. Wenzel
Executive Coordinator
Brenda Hairston
Board of Directors:
Herbert Adler
Ameriswiss Msoeistes
Philip. F, Bhttttbeq
Amenean Veaaues Corporation
Edward Claushton, Jr.
CVuShton Island Company
Loretta Cockntm
Foram Group, Inc.
Chula R. Cords
C.R. Cords, P.A.
Thomas Cornish
Sun Bank
Evelyn Fellowes
PointView Association, Inc.
Richard-E. Friend
Semet. Liekstein, Morgenstern,
Berger dt Friend, P.A.
Adolfo Henriques
Barnett B�dc
Ant600y Jackson
Sharpbn, Brunson & Company
S. Lawrence Kahn, III
Lowell Homes
J. Megan Kelly
Swire Properum Inc.
Edie Laquer
The Doran Jason Company
huchael Laucrner
M chael Latterner at Assoc.
Lyn B. Lewis
Lynn B. Lewis, P.A.
McR�d Hotel
Fletcher Moore
Lincoln Property Company
Tom Peposkamp
Penoeksmp Soto dt Smith
Max D. Puyanic
Max D. Puysaic, P.A.
Elizabeth Reyes -Diaz
Tishman Speyer Properties
Joe& Schindler
WriSht dt Schindler Architects
Denis L Tarr
First Presbyterian Church
H. Leland Taylor
The Allen Morris Company
Peter H. Wenzel
Wenzel Investment Company
Geisha Williams
Florida Power & Light
A. Yaks
Fb ' Err Coast Properties
BRICKELL AREA ASSOCIATION
One Biscayne Tower, Suite 1818
Miami, Florida 33131
(305) 375-0080/Fax (305) 371-2423
March 15,
T)PT.TVM'Drn t4
VA
G i ke lo, Deputy Director ent, City of Miami
Street, 3rd Floor
Mi ida 33131 /
RE: Proposed Revisions to Ordi ance 11,000; oning
Districts: SD-5 and SD-7 1l^'
Dear Mr. Olmedillo: �`�" X•�
v�
At the February 1991 meeting attende�by ourself
and various Brickell Area Association Land Use
Committee members, we all reviewed those changes to the V40
texts of Section 605 and 607 Ordinance 11,000, which
the BAA requested be'presented to the City Commission
at First Reading of the Ordinance revisions. Because g�.�
of its crowded agenda, the BAA understands that the
Commission adopted the Ordinance revisions, at First
Reading without any neighborhood group or citizen
input, and in the form of the Planning Department's
recommendations.
The time between
now and the Second Reading, then,
becomes critical for your Department's receipt and
presentation of input from the private sector. We
enclose, to facilitate the Department's efforts, the
BAA's suggested revisions to the Ordinance's sections
establishing the two districts in our area, SD-5 and
SD-7, which are Ordinance Sections 605 and 607,
respectively.
Note that the enclosures include the modification
to Section 605.4.3(1) which was approved by the
Planning Advisory Board, based upon the BAA's
presentation before it. The BAA requested, and the PAB
agreed, to delete the blanket prohibition against
entrances and exits to drive through facilities from
major streets.
We will be pleased to meet with your or to discuss,
by telephone, these revisions.
Ve t u yours,
LBL/sf Lynn Lewis
Enclosures
cc: BAA Executive Committee (w/out enclosures)
BAA Land Use Committee (w/enclosures)
Sergio Rodriguez (w/out enclosures) 1018 63
Sec. 605. SD-5 Brickell Avenue area office -residential district.
Sec. 605.1. Intent.
Per Revision, Annex A (attached)
Brickell Avenue along the bayfront and the Miami River, close to and visible from tine CBD nd
Biscayne Bay, and its importance to the economic well-being of the City as a prestigiou high
rise office district housing banking, finance, international trade, and other profession office
uses.
In the interest of reduction of travel and traffic within the city genera y, conservation
of energy, maintenance of principal views from within the district and a oining areas, and
preservation and enhancement of existing desirable featuresZspaavailable
. landscaping and
appearance, it is intended that development, at appropriatelyity, shall be so
designed as to assure open character, attractive and secure open to the general
public at ground level, and appropriately located recreation spacedential uses.
It is intended that multifamily residential occupancy i this area is to be promoted and
encouraged, either in separate buildings or in combination rth office and supporting retail and
service uses, and that such supporting uses shall be s ed and designed to serve needs of the
district.
It is intended that tine character of deve ment shall be such as to protect and augment
natural amenities. Orientation and design o principal buildings and related site design and
improvement shall be such as to protect v' ws of the water from principal public view points
providing physical and visual access to erfront areas appropriate to public needs and needs of
the occupants of adjoining properties aving ample open spaces at or near the ground.
Principal buildings shall no take the form of low, massive slabs with high ground level lot
occupancy that constitute majo impediments to desirable views and to light and flow of air at
ground level.
In considerationoK proposed concentration of ,residential occupancy in the district and the
availability of mas transit, these regulations are intended to promote pedestrian comfort and
convenience, and protect against dominance of the character of the district by automobiles.
To this end, i is intended that offstreet parking requirements be minimal and be so located and
designed as minimize visual impact. It is further intended that accessory parking structures
be low in rofile, and that their top decks, where seen from principal buildings, shall present
an attr tive appearance.
Unless specifically exempted, waterfront property in this district is included in Section
Sec. 605.2. Effect of SD-5 district designation.
The effect of these SO-5 regulations shall be to supplant districts or portions of districts
included within the SD boundaries to the extent indicated herein in the Official Zoning Atlas.
Sec. 605.3. Class 11 Special permits.
605.3.1. Men required.
A Class I1 Special Permit shall be required p-ior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of
any existing building; or for the erection of any new building; or for the location, relocation
or*alteration of any structure,lign, awning, landscaping parking area or vehicular way visible
from a public street or waterfront walkway.
*material **permanent
605.3.2. Qbrrsidera.tiais in nrdtiirg Class 11 4ecial Penrd t detenrdnatiorrs.
The purpose of the Class 11 Special Permit shall be to'ensure conformity of the application
with the expressed intent of this district, with the general considerations listed in section
1305, and with the special considerations listed below. In making determinations concerning
construction of new principal buildings or*rl1b taki al exterior alteration of existing principal
buildings the Planning Director of Planning Building and Zoning shall obtain the advice and
recommendations of the Urban Development Review Board, except as established in section 600.4.4.
*the location, relocation or material
�.oso�c
ANNEX "A"
Section 6o5.1 Intent
This district is of special and substantial public interest
because of its location that fronts Biscayne Bay and the Miami
River and its proximity to the CBD. This has caused the area to
be of historic economic importance to the City and has resulted
in an area and its Central Street, Brickell Avenue, that are
known world-wide as a center for banking and financial
institutions, both domestic and international, along with the
services that customarily attend these institutions and financial
transactions.
Uses in the district should enhance and be consistent with
the domestic and international financial and office uses.
Multifamily residential occupancies in the district are
encouraged, either in separate buildings or in combination with
office and supporting retail and service uses.
Uses and design should also recognize the proximity to the
areas of great natural beauty which are historically significant
to the City. High density, so long as it provides public and
scenic access to these natural and historic areas, is permitted.
Water views, easy access to contiguous waterwalks, and several
key water vistas should be made available to the public.
The district, because of a high concentration of residences
both within the district and in neighboring areas and because of
a large daytime population of workers, should facilitate the
urban walking experience. Proximity to public transportation and
the location of the district should reduce the need for the
automobile. Consumer and service retail which street level are located at
and which are visible to the pedestrian are
Permitted; to enhance the pedestrian experience and to provide a
24 hour district. The district, especially along Brickell
Avenue, should maintain large urban pedestrian walkways which
include overhead shade, sitting areas and public art and
fountains. Landscaping and street frontage open space are
consistent with the financial and service entities which operate
in the district.
It is further intended that roof tops, as seen from upper
level areas, shall present an attractive appearance.
Unless specifically exempted, waterfrontproperty in this
�� district is included in Section 3(mm) Waterfront Charter
Amendment" of the City of Miami Charter.
SD5/gen
10863
1. Along waterfronts, buildings shall be so oriented and designed as to minimize
impediment�_to water views from principal public viewpoints at ground level and from
higher portions of nearby buildings.
2. Rooftop parking or mechanical equipment and utility service areas visible from nearby
buildings shall be appropriately screened with landscape or architectural materials.
3. Buildings within close proximity to adjacent residential districts should be designed
to minimize any shading of a residential structure or a recreational use area between
10:00 AM and 3:00 PM
4. Public access to waterfront plazas and walkways shall be provided generally in accord
with section—Htt "City of Miami Baywalk/Riverwalk Design Standards and Guidelines".
5. Pedestrian walkway connections shall be provided between parallel public streets and to
the waterfront in conformance with section 605.8.5.
6. In general, principal pedestrian entrances to buildings shall be along street frontages
with major traffic, volumes, and vehicular entrances shall be on streets less
intensively used for through traffic both to separate pedestrian from vehicular
circulation and to minimize vehicular friction along major streets.
7. All structures and improvements on lots abutting any street or waterfront designated as
a "primary pedestrian pathway" in the Official Zoning Atlas shall be designed generally
in accord with the standards in a,t rcie ie "The City of Miami Primary pedestrian
Pathway Design Standards and Guidelines".
8. Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to provide a minimal
visual impact, well integrated with the principal structures. Unenclosed vehicular
parking and loading in any location visible from a public street or waterfront walkway
shall be appropriately screened from surrounding rights -of -way,
9.Except for portions authorized by special permit for vehicular access, required yards
and adjacent sidewalk areas within the- public right-of-way shall be appropriately
landscaped and provided with pedestrian ways in accord with the following design
standards:
a. . Street trees shall be provided in the sidewalk area at a maximum spacing of thirty
(30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-
inch caliper, and seven (7) feet of clear trunk.
b. Paving materials and patterns shall be aesthetically harmonious and consistent
with adjacent or nearby properties and shall meet established sidewalk grades.
C. Street furniture shall be provided which may include benches, trash receptacles,
pedestrian walkway lighting, bus shelters, sculpture, public information kiosks,
and the like. These may be located in the pedestrian area as long as pedestrian
flow patterns are continuous.
d. Trees, palms, ground cover, grass and other living landscape plants shall be
provided in required or provided yard areas in accord with an approved overall
landscape plan for the development.
Sec. 605.4. Principal uses and structures.
605.4.1. Prizzcipal uses pezzzu t ted gezzezzzl l y-.
The following uses shall be permitted generally, except as limited in section 605.4.4:
I. Attached and multifamily dwellings; hotels, including apartment hotels and residence
ihotels.
2. Offices, business and professional (other than those selling merchandise on the
premises); clinics (other than veterinary); studios; laboratories; travel agencies,
ticket agencies.
108
3. iBank n---as3oriRt- ions ;---and--Similar {Financial institutions, except
drive -through facilities.
4. Restaurants, except drive -through facilities.
5. Neighborhood convenience goods and services, including food stores (grocery, meat
seafood, produce, delicatessen, bakery, candy, ice cream), drug stores, news stands,
dry cleaners, barber and beauty shops, and shoe repair stores.
6. Child day care centers, subject to applicable provisions of section 936.
1. Recreational buildings and facilities, playgrounds, play fields, parks and the like.
8. Auditoriums; libraries, museums and galleries related to the fine arts, neighborhood or
.community centers.
9. Garden, service, civic clubs (not for profit).
10. Structures and uses other than those listed above required for performance of a
governmental function, except uses involving extensive storage or with storage as the
primary purpose.
fl. Structures and uses relating to operation of public utilities and requiring location
within the district to serve it or neighboring districts; railway rights -of -way and
tracks or other special ways for mass transit facilities; mass transit stations; but
not railroad yards, storage or warehousing, switching or shops; provided that no such
public utility use shall involve extensive storage or have storage as its primary
purpose.
-See Attached Sheet for Insert
605.4.2. Principal uses pemdtted subject to lo'diation udthin the district.
The following retail and service establishments,*shall be permitted subject to the
limitations in section 605.4.4; *when the size of an individual establishment of same
exceeds the permitted use of same which is provided in Section 605.4.1 (12),
1. Retail establishments, as follows: Antique stores, arts stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public; china
and crockery stores; florist, including plant and shrub sales; gift shops; hardware
stores; hobby shops; home appliance stores; home furnishing stores; interior decoration
supply stores; establishments for sale of boating and fishing supplies; jewelry stores;
luggage stores; music stores; office supply stores; optical goods stores; package
liquor stores (without drive -through facilities); pet shops; photographic supply
stores; tobacco shops; variety and sundry stores; television, radio and other
electronics stores; video tape sales and rentals (open to the general public);
establishments for sale of wearing apparel. Such establishments may provide incidental
repair, maintenance, adjustment or alteration services as appropriate, but facilities,
operation ,and storage in relation to such services shall not be visible from any street
or street -related pedestrian open space. Aside from antique stores, art galleries,
jewelry and book stores, no such retail establishments shall deal in secondhand
merchandise. The total floor area for these retail uses on an individual lot
(excluding public circulation space and similar common areas) shall not exceed five -
tenths (0.5) times the gross lot area except that through a Class 11 Special Permit a
project may be allowed to increase the retail use up to thirty (30) percent of the
total achievable F.A.R.
2. Service establishments, as follows: Interior decorator; duplicating centers including
letter and photostating services; locksmiths; opticians; photographic service;
tailoring, dressmaking, millinery or drapery fabrication, except where products are for
off premises sale; rental of recreation and sporting equipment.
605.4.3. Ppmd t ied only by special except iat.
I. Drive -through facilities for financial institutions, subject to the requirements of
section 931,
.+aa,a-ts,
2. Bars, nightclubs, supper clubs and theaters open to the general public.
3. Marinas, except that each occupancy of private pleasure craft as a dwelling shall be
allowable only by Special Exception and each such occupancy shall be construed to be
one -family occupancy of the lot requiring minimum gross area of 350 square feet.
1U3G37f
A
Attachment Sheet
Sec. 605.4.1 Continued
12. Retail and service establishments permitted under Section 605.4.2
provided that no individual establishment shall exceed 25,000 square feet
of floor area.
13. Post secondary public and private educational facilities.
10863
4. Parking lots, parking garages, provided that there shall be no vehicular access to such
facilities directly from primary pedestrian pathways.
5. Private clubs, lodges, fraternities and sororities.
6.
605.4.4. Lbid tat ions (xi uses.
1. At least sixty-five percent (65k) of the lot width along SE 10th Street shall be
occupied by retail and service establishments permitted in section 605.4.2 or by
restaurants, bars, neighborhood convenience goods and services, post offices, art
galleries, museums, libraries, or similar cultural uses. The remaining frontage may be
occupied by other uses permitted in section 605.4.1.
2. Retail and service establishments and neighborhood convenience goods and services shall
generally be limited to locations on the ground level (at or below the lowest habitable
floor elevation permitted by federal flood plain management criteria); however, such
uses may be approved by Class 11 permit at locations other than the ground level
subject to the following minimum standards:
a. At least fifty (50) percent of the ground level frontage along Brickell Avenue
(excluding entrances .to office, hotel, and/or residential lobbies) and at least
thirty (30) percent of the total aggregate ground level frontage along SE 8th
Street, SE 12th Street, and waterfront walkways shall be occupied by retail and
service establishments permitted generally within the C-1 district or by
restaurants, bars, taverns, post offices, art galleries, museums, libraries, or
similar cultural uses.
b. At least fifteen (15) percent of the total aggregate ground floor frontage along
streets other than Brickell Avenue (excluding vehicular entrances and entrances to
office, hotel, and/or residential lobbies) shall be occupied by the --€e1-1%oing'
for44R4bo4;ood 3e
e-y.,—ca3' - , auto tag
retail and service establishments permitted generally within the
C-1 district or restaurants, bars, taverns, post ffices, art galleries, museums,
libraries orThe1 por ions off ouil ing 'frontage required to meet the minimum standards in
paragraph a. above shall be designed to be visible and accessible to an adjacent
public sidewalk, urban plaza, or waterfront walkway, including transparent window
or door openings over at least fifty (50) percent of each exterior storefront
area, and building entrances no more than forty-two (42) inches above the adjacent
public sidewalk elevation. Outdoor cafes, outdoor sale of merchandise, or retail
windows beginning no more than forty-two (42) inches above the adjacent public
sidewalk elevation shall be required where the lowest habitable floor elevation is
more than forty-two (42) inches above the adjacent public sidewalk elevation.
3. For every one square foot of floor area over 10,000 square feet in an individual retail
or service establishment permissible in section 605.4.2, there shall be provided at
least one square foot of floor area in retail or service establishments that are less
than 10,000 square feet per individual establishment.
4. Except for outdoor dining and drinking places,* exhibits of arts and crafts, flowers and
plants, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
*and except for the Riverwalk/Baywalk,
5. All products and services shall be sold at retail on the premises. No wholesaling or
jobbing shall be conducted from within the district.
Sec. 605.5. Accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class 11 Special Permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
district:
ioss,Vh
Fr_
I. There shall be no vehicular access to harking or loading areas directly from any
primary pedestrian pathway where access is reasonably feasible from another street.
2. Where approved by general Class II Special Permit, outdoor exhibits, displays, sales,
service of food or drinks, or other similar pedestrian oriented activities may be
conducted in open space, whether or not such facilities or
activities are customarily accessory to the adjacent principal use. Areas, activities
and facilities so approved may be used for regular, intermittent, or temporary special
events without further permitting which might otherwise be required under these Zoning
regulations, but shall not be exempted hereby from requirements for other permits. The
Class II special permit shall specify location, design, improvement, provision for
maintenance and management, and provision for free pedestrian movement through the area
without unreasonable interruption by such facilities or activities.
3. Where approved by general Class 11 Special Permit, roofed shelters open at the side and
for at least forty (40) percent of perimeter of coverage, temporary fabric roofs or
windbreaks, exhibit and display stands and cases, community or neighborhood bulletin
boards or kiosks, and facilities for outdoor service of food or drinks may.be permitted
in appropriate locations other open space. If so approved, such
shelters, structures or facilities shall be exempted from limitations generally
applying to occupancy of yards or open space, and sheltered areas as indicated and
areas for service of food or drinks shall not be included in floor area limited by
floor area ratios on the property, or counted in computing offstreet parking
requirements, but occupancy by such shelters, structures or facilities shall not exceed
twenty-five (25) percent of total open space required in relation to the property.
Sec. 605.6. Minimum lot requirements.
Minimum lot requirements for residential uses or nonresidential uses shall be a minimum lot
area of twelve thousand five hundred (12,500) square feet, and a minimum lot width of one hundred
(100) feet. Notwithstanding the provisions of section 1102.1, lots which do not meet the minimum
lot. requirements for the SD-5 district may be used by special exception, for uses permitted
generally in the SD-5 district, provided that all other applicable provisions are met.
Sec. 605.7. Floor area limitations.
Floor area limitations of SD-5 shall be as follows subject to the requirements and
limitations of sections 903.1 and 903.2:
605.7.1. Floor cu•ea limitations for residential, nonresidential and co7binatiaz use buildings.
Except as modified by section 605.7.2. below:
I. The floor area for all residential uses, including hotels, shall not exceed four and
twenty-five hundredths (4.25) times the gross lot area.
2. The floor area for all nonresidential uses shall not exceed three and twenty-five a+
hundredths (3.25) times the gross lot area.
3. The total floor area for combination of residential and nonresidential uses within the
same building (or buildings on the same lot) shall not exceed four and twenty-five
hundredths (4.25) times the gross lot area; provided, however, nonresidential uses
shall not exceed three and twenty-five hundredths (3.25) times the gross lot area.
60.5.7.2. A11at.able increase in floor area for off -site affordable housing, retail, service,
restaw-tints, nuseuir, art galleries, post offices, mzd libr-aries at gr-otozd leuel;
tordergrntozd parhing; curd day care.
The maximum floor area set forth in section 605.7.1 above shall be increased in conformance
with the following provisions and limitations; provided, however, that the maximum one (1.0)
"Offsite affordable housing" bonus must be used before other bonuses become applicable.
1. Offsite affordable housing: The floor area shall be increased by Class 11 Special
Permit for any permitted use up to a total increase of one (1.0) times the gross lot
area provided that for every one (1) square foot of increase there shall be either:
a. A nonrefundable developer contribution of six dollars and sixty-seven cents
($6.67) to the Affordable Housing Trust Fund administered by the City of Miami; or
7/'
66 108f3
b. Developer -sponsored construction of fifteen -hundredths (0.15) square foot of
affordable housing as defined in article -925. A sponsor is a developer who
assumes responsibility for a residential project by serving as general partner in
the development project.
No building permit shall be issued for increased floor area until the City of Miami has
certified compliance with the provisions of this section. The City of Miami shall
certify compliance provided one of the following has occurred: a) Construction of new
affordable housing has begun, or b) A certified check to the Affordable Housing Trust
Fund has been deposited with the City of Miami.
All affordable housing units constructed under the provisions of this district wholly
or in part with Affordable Housing Trust Funds must be located within one (1) mile of
the SD-5 district boundaries, or be located within the Southeast Overtown/Park West
Community Redevelopment Area.
2. Retail, service, and restaurant, and other public amenity uses at ground level: For
every one (1) square foot of floor area located at ground level (at or below the lowest
habitable floor elevation permitted by federal flood plain management criteria), which
is used for retail or service establishments
district or by restaurants, bars, taverns permitted generally within the C-�1
theaters, libraries, or similar cultural uses, theft alicallowable floor es, art r area hallies,mbe
increased by three (3) square feet for any permitted use. Individual establishments
shall be designed to be visible and accessible to an adjacent public sidewalk, urban
plaza, or waterfront walkway, including transparent window or door openings over at
least fifty (50) percent of each exterior storefront area. Building entrances shall be
no more than forty-two (42) inches above the adjacent public sidewalk elevation or at
the height of a federally mandated wave barrier.
3. For every one and one-half (1.5) square feet (42 inches) of underground parking that a
building provides, the floor area is allowed to be increased by one (1) square foot for
any permitted use, not to exceed fifty -hundredths (.50) times the gross lot area.
4• Child Care Center: For every one (1) square foot of floor area of child care center
indoor area and two (2) square feet of child care outdoor play area that meets the
requirements of section 936, the total allowable floor area shall be increased by four
(4) square feet, but not to exceed a total floor area increase of five -tenths (.5)
times the gross lot area.
605.7.3. Av-lting 9w-uges as a princill use.
For parking garages as principal uses, as opposed to auxiliary parking garages in connection
with office buildings, total floor area -in structures containing parking garages shall not exceed
FAR two and one-half (2.5) times the gross lot area. For purposes of these controls, such floor
area shall include all floor area within the structure, including area used for parking but shall
exclude any area used -for establishments indicated at section 605.4.2., or for restaurants, which
shall be permitted in connection with parking garages as incidental principal uses. Such
establishments or restaurants shall be located and oriented along lines of pedestrian flows,
adjacent to ground level pedestrian open space and shall conform to the requirements and
limitations of section 605.4.2.
Other than fixed yards requirements applying to all buildings, no additional open space or
pedestrian open space need be provided, but at least seventy-five (75) percent of the area of an
yard provided adjacent to a street shall be reserved and improved as pedestrian open space.
Plaza requirements shall not apply to parking garages as principal uses.
Sec. 605.8. Minimum yards, setbacks,*
walkways. *own space�through block connections, waterfront
605.8.1. MWn:rn )albs.
The following minimum yard dimensions and limitations shall apply. Notwithstanding
provisions of section 908.3, canopies and awnings may tul
imitation
the
the
required yard area adjacent to streets, provided that such projection isenti entirely p or ed fr
the building. Required yards adjacent to streets shall not be used for ostreetparking off
street g
108637-
J
1. Adjacent to Brickell Avenue, all yards shall be thirty (30) feet in minimum depth.
There shall be no vehicular driveways in anyadjacent to Brickell Avenue except as
approved by Special Excep iori. ard,�
2. Adjacent to other streets, front yards shall be a minimum of twenty (20) feet in depth,
and side yards adjacent to streets-shefilopbt a minimum of fifteen feet (15) in least
dimension.
3. All interior yards (side, rear and special) shall be a minimum of fifteen (15) feet in
least dimension.
605.8.2. AfnMin building setbadrs adjacent to interior lot lines.
For portions of buildings above forty (40) feet in height, the setback shall be a minimum of
one (1) foot for every six (6) feet of building height, up to a maximum required setback of forty
(40) feet.
605.8.3. Abxintntgrotatd floor selbachs.
Adjacent to S.E. loth Street and S.E. 12th Street, for the first eighteen (18) feet in
elevation above the public sidewalk, no building facade shall be set back more than a maximum
depth of twenty (20) feet, except where an urban plaza is approved by Class 11 permit.
605. 8.4. b-iw; plea, Open Space.
Open space, , shall be provided in this district in an amount
not less than fifteen percent (15%) of the gross lot area; and in no case shall less than four
hundred (400) square feet of*plaza-area. be required with a minimum dimension of twenty (20) feet.
The*rasa shall conform to the "City of Miami*`�'�a .. — B _-3 �4aR d G idelime5
1898. *open space shall **open space
***Primary Pedestrian Pathways Standards and Guidelines
605.8.5. Pedestrian th►nugli bloc* eovv►ectior s.
A pedestrian walkway connection shall be provided between parallel public streets and to the
waterfront at least every six hundred (600) feet, where such connection is not available within
public street rights -of -way or in the form of an 'existing connection on private property. The
walkway shall be open to the public during normal business hours and shall not be located closer
than two hundred (200) feet from any parallel public street or other through block connection; it
may be open, covered or enclosed, and shall meet the following design standards:
1. The floor of the walkway shall be level with the public sidewalk at each end and shall
have a minimum average width of twenty (20) feet and maintain a minimum twelve (12)
feet of unimpeded walkway along its entire length.
2. The minimum ceiling height shall be ten (10) feet if enclosed.
3. Amenities for pedestrian use and enjoyment such as landscaping, seating, display space,
vendors, and retail stores at the sides shall be provided.
605.8.6. blb.terfro►tt itallatays.
All waterfront lots shall provide a continuous pedestrian walkway along the edge of the
waterway which shall be open to the general public and designed
generall in accord with "The City of Miami Baywalk/Riverwalk Design Standards and Guidelines" as
�1.ovided 'in -art
Sec. 605.9. Height limitations.
There'shall be no height limitations in this district, -except that when parking garages are
permitted as a principal use, maximum height shall be fifty (50) feet; where accessory parking is
provided, other than underground; the structure housing such parking shall not exceed thirty-five
(35) percent of the height of the principal building.
Sec. 605.10. Offstreet parking and loading.
It is intended that automobile traffic be minimized in this district because of its close
proximity to the rapid transit stations. Offstreet parking and loading, and offsite parking
shall be as required in sections 917, 918, 922 and 923, except as modified below:
/ k
108f3
605.1O.1. Mnonnt curd ntivinun offstreet parlting 1 ntu tat iats.
1. For residential uses, there shall be a maximum
of two (2) parking spaces per dwelling unit.
2. For hotel or motel use there shall be a minimum of one (1) parking space for every four
(4) lodging units and a maximum of two (2) parking spaces for every three (3) lodging
units.
3. For business and professional office uses, including medical clinics, there shall be a
minimum of one (1) parking space per eight hundred (800) square feet of floor area and
a maximum of one (1) parking space per five hundred (500) square feet of floor area.
4. For retail and service uses there shall be a minimum of one (1) parking space per one
thousand (1000) square feet of floor area and a maximum of one (1) parking space per
three hundred (300) square feet of floor area.
5. For restaurants, bars, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per one
hundred (100) square feet of floor area.
6. For theater uses there shall be no parking spaces required and there shall be a maximum
of one (1) parking space per four (4) seats.
7. For all other uses there shall be a minimum of one (1) parking space per one thousand
(1,000) square feet of floor area and a maximum of one space per five hundred (500)
square feet of floor area.
605.10.2. l$ecial offstreet loodirg regulatiorts.
Offstreet loading requirements shall be as required in the Office District, provided that
special permit requirements set forth therein shall be wai.ved in cases where new developments
involving general Class 11 Special Permits cover the same matters.
605.10.3. L12ecial offsite 1xv*ing regulations.
Notwithstanding the limitations of section 918, offsite parking shall be permitted within
the boundaries of the district by Class 11 permit without limitation on percentage of the
required number of spaces or maximum distance from the principal use. -Furthermore, there shall
be no required demonstration or findings of practical difficulty or unnecessary hardship in
providing required parking on the site, provided that the location of the offsite parking is
within a one thousand (1,000) feet radius of the principal use, or within a six hundred (600)
feet radius of a Metrorail or Metromover station or there are permanent provisions made to
transport the offsite parking patrons to. and from the principal site at the property owner's
expense.
605.10.4. 4aecial requirerotts for location curd design of1xu*ing structures.
Within this district, ninety (90) percent of all offstreet parking, required or other, in
frelation to a principal use, shall be within enclosed structures on the premises, except where
offsite parking is authorized as provided above. A number of parking spaces equal to not more
than five (5) percent of the required number of offstreet space may be authorized in connection
with passenger loading areas. A number of parking spaces equal to not more than ten (10) percent
_I of the required number may be permitted in the open, at ground level or on parking decks for
which architectural treatment and screening from ground level or other views has been approved in
Class 11 Special Permit procedures.
The upper surface of underground parking structures shall not exceed a height of three and
one-half (3.5) feet above the average grade of the abutting public sidewalk and no parking shall
be permitted on top of that portion of an underground parking structure which is above the
established grade except as provided above in relation to open parking on decks. Underground
parking structures shall be set back a minimum depth of ten (10) feet from adjoining street lot
lines, and five (5) feet from interior side and rear lot lines. In no case shall open parking be
permitted on such decks within required street yard areas.
Above ground parking structures shall not front on Brickell Avenue or the waterfront unless
they are visually compatible with the principal use structure and the special character of the
district.
1U8G371
r n
Sec. 605.11. Limitations on signs.
Sign limitations shall be as provided for C-1 districts.
10863
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710191 I.t + kcl to r HIS
Sec. 607. SO-7 central Brickell rapid transit commercial residential district.
Sec. 607.1. Intent.
Per Revision, Annex A (attached)
d-u►hs tan t! aJ-pub l i c Interact because of Itr close plaoxim
to the central business district, the Miami River, and the Metrorail and Metromover tra t
stations serving the Brickell area.
In the interests of reduction of traffic within the city generally and in this strict in
particular, of conservation of energy, and of the creation of an Intensive urban env onment with
a twenty-four Hour activity pattern, it 1s intended that high intens/wIll
development of
residential, office, and retail and service uses be encouraged tvide innovative
design of residential spaces; retail, service, cultural and entertat ground level
oriented towards intensive pedestrian usage; a modified downtown envminimal yards,
a high percentage of lot coverage, highly usable pedestrian open und level, and
maximum interrelationship of ground floor uses and exterior public op
Concerning uses, it is intended that multifamily reside ial occupancy and ground level
retail, service, cultural and entertainment uses he encoura individually or as a part of a
mixed -use residential and office development through a f oor area incentive system. It is
further intended to create a central focus of neighborliopd activity along Brickell Promenade and
adjoining frontages along fliafni Avenue by requiring r ail, service, cultural and entertainment
uses at ground level.
Although it is /that that the cha cter of development be intensive, it is also
Intended that buildingssigned to p vide pedestrians with lively, interesting, well
landscaped spaces at grol. To thi end, yard areas adjacent to all streets are required
to be developed as an inpart of he neighborhood pedestrian walkway system; and maximum
setbacks are establishedhe gr m d floor of buildings, in order to form a continuous,
uniform edge of buildines ong the sidewalk edge. Certain streets which form linkages
to transit stations andctivity centers can •be expected to carry major volumes of
pedestrian traffic; thusintended that development adjacent to such primary pedestrian
pathways should be desigaccommodate ground floor retail shops and other uses that promote
an active pedestrian sideironment.
In considerat n of the concentration of residential, office, and ground level commercial
uses in the distrf ,and the availability of rapid transit, and to protect against the dominance
of the automobi in the district, it is intended that offstreet parking requirements be minimal
and designed minimize the visual impact.
1 is further intended that rooftops as seen from upper level area shall present an
attrac ve appearance.
Unless specifically exempted, waterfront property in this district is included in Section
I�karfrnn� rt,,.+ a a ►_" „r +h., r:... _r u __1 _
Sec. 607.2. Effect of SD-7 district designation.
The effect of these S0-7 regulations sliall be to supplant districts or portions of
districts included within the SU boundaries to the extent indicated herein In the Official Zoning
Atlas.
Sec. 607.3. Class 11 Special permit.
607.3.1. WIC71 requi r-Od.
A Class II Special Permit shall be required prior to approval of any permit (except
special permits pursuant to article 13) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or *alteration of any structure,**sign, awning, landscaping, parking area or
vehicular way visible from a public street nr waterfront walkway.
*material **permanent
607.3.2. Considerations in rrrrlring Class 11 0-)ecinl N nri t detemrinatiats.
The purpose of the Class 11 Special Permit shall be to ensure conformity of the
application with the expressed intent of this district, with the general considerations listed in
io8c371-
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03,' 15/91 10 - 57 V 1 305 37-� 9187 [LORAN JASON CRP Z 002
ANNEX "A"
Sec. 607. SD-7 central Brickell rapid transit commercial
residential district.
Sec. 607.1. Xntent.
This district is of special and substantial public interest
because of its close proximity to the central business district,
the Miami River, and the Metrorail and Metromover transit
stations serving the Brickell area and because _ of i is history as
a predominantly residenticil neighborhood.
In the interests of reduction of traffic within the city
generally and in this district in particular, of conservation of
energy, and of the creation of an intensive urban environment
with a twenty-four hour activity pattern, it is intended that
high intensity mixed -use development of residential, office, and
retni,l and service uses be encouraged that will provide
innovative design of residential spaces, including the
wvc& v,rvuna rioor rg -all and service uses;, retail,
service, cultural and entertainment uses at ground level oriented
towards intensive pedestrian usage; a modified downtown
environment with minimal yards, a high percentage of lot
coverage, highly usable pedestrian open spaces at ground level,
and maximum interrelationship of ground floor uses and exterior
public open space.
Concerning uses, it is intended that multifamily residential
occupancy and ground level retail, service, cultural and
entertainment uses be encouraged individually or as a part of a
mixed -use residential and office development through a floor area
incentive system. It is further intended to create .e• central
focusgm of neighborhood activity
by requiring retail,
service, cultural and entertainment uses at ground level along
street frontma thin the district o especia y along Mid
Am-e ue -and HE 10th Street (ThV,Bricke17 --Promenade),
Although it is intended that the character of development be
intensive, it is also intended that buildings be designed to
provide pedestrians with lively, interesting, use -able, well
landscaped spaces at ground level. To this end, yard areas
adjacent to all streets are required to be developed as an
integral part of the neighborhood pedestrian walkway system; and
maximum setbacks are established for the ground floor of
buildings, in order to form a continuous, uniform edge of
building facades along the sidewalk edge. Certain streets which
form linkages to transit stations and other activity centers can
be expected to carry major volumes of pedestrian traffic; thus it
is intended that development adjacent to such primary pedestrian
pathways should be designed to accommodate ground floor retail —
shops and other uses that promote an active pedestrian sidewalk
environment.
In consideration of the concentration of residential, office, and
ground level commercial uses in the district, and the
availability of rapid transit, and to protect against the
dominance of the automobile in the district, it is intended that
offstreet parlting requirements o
d-ems° IIt bG---"ifArme1. and that offstreet p rkIng areas and
s ryctur92-b& designed to minimize the visual impact.
It is further intended that rooftops as seen from upper level
areag shall present an attractive appearance.
Unless specifically exempted, waterfront property in this
district is included in Section 3(mm) "Waterfront Charter
Amendment" of the City of Miami's Charter.
section 1305, and with the special considerations listed below. In making determinations
concerning construction of new principal buildings ar*s49t ►m0!a ! exterior alteration of existing
principal buildings, the Planning Director shall obtain the advice and recommendations of the
Urban Development Review Board.
*the location, relocation or material
1, Except for portions authorized by special permit for vehicular access, ail required
yards, setbacks, and sidewalk area within the public right-of-way adjacent to streets
shall be a continuous pedestrian space suitably landscaped and developed with
appropriate street furniture according to the following design standards:
a. Street trees shall be provided In the sidewalk area at t-0444wat-spacing of thirty
(30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-
inch caliper, and s.even (7) feet of clear trunk.
*maximum
b. Paving materials and patterns shall be aesthetically harmonious and consistent
with adjacent or nearby properties and shall meet established sidewalk grades.
C. Street furniture shall be provided which may include benches, trash receptacles,
pedestrian walkw,ny lighting, bus shelters, sculpture, kiosks, and the like. These
may be located in the pedestrian areas as long as pedestrian flow patterns are
continuous.
d. Trees, palms, ground cover, grass and other living landscape plants shall be
provided in required or provided yard areas in accord with an approved overall
landscape plan for the development.
e. Notwithstanding a through d above, all improvements along S.E./S.W. 10th Street
shall conform to the "City of Miami Brickell Promenade Design Development Plan and
Urban Design Guidelines".
2. Public access to waterfront walkways shall be provided In accord with the "City of Miami
Baywalk/Riverwalk Design Standards and Guidelines" -ir-set-Hon—}e16, and shall be open to
the public.
3. Rooftop parking and other areas containing mechanical equipment and utility areas
visible from nearby buildings shall be appropriately screened with landscape or
architectural materials.
4. to general, principal pedestrian entrances to buildings shall be along street frontages
with major vehicular traffic volumes, and vehicular entrances shall be along streets
less intensively used for through traffic, both to separate pedestrian from vehicular
circulation and to minimize marginal vehicular friction along major streets.
5. Offstreet parking and loading shall generally be within enclosed structures which shall
either be underground or, if above ground, shall be designed to provide a minimal visual
impact, well integrated with the principal structures. Unenclosed vehicular parking and
loading in arty location visible from a public street or waterfront walkway shall be
appropriately screened from exterior views.
6. Arcades shall be continuous with a minimum length of one hundred (100) feet adjacent to
the required yard and fronting on public sidewalk and street. The floor of the arcade
shall be at the same level as the public sidewalk. Arcades shall have a minimum width
of eight (8) feet and a maximum width of fifteen (15) feet unobstructed by building
colt►mr►s, utilities and the like. Arcades shall be accessible to the public at all
times.
7. A through -block pedestrian connection shall be provided between any waterfront walkway
and parallel public street. Such connection shall be in the form of *an unobstructed
pedestrian walkway, at least twenty (20) feet in width, which shall be level with the
Public sidewalk and waterfront walkway at each end. Such connection shall provide
substantial public amenities for public enjoyment such as landscaping, seating,
fountains, 'art work, lighting, display spaces, vendors, and abutting retail, service or
cultural uses.
8. All structures and improvements on lots abutting any street or waterfront designated as
a "primary pedestrian pathway" In the Official Zoning Atlas shall be designed in accord
with the standards in the "City of Hiami Primary Pedestrian Pathway Design Standards and
Guidel Ines" in-itc-Hon-im.
R1)
9. Lots with Interior side yards abutting a Metromover right-of-way shall be developed with
Improvements suitable to promote safe and convenient pedestrian access to Metromover
stations.
10. All development on lots adjacent to Brickell Promenade (S. loth Street) shall conform to
the "City of Miami Brickell Promenade Design Development Plan, and Urban Design
Guidelines".
Sec. 607.4. Principal uses and structures.
607.4.1. FHricilxrl uses rernri ttcd at mry locrtirrr; lindtatiorts as to locntiovt of uses along
grntoad floor fruritr;ge of lxdestricut streets.
The following uses shall be permitted at any location within the district.
1. Neighborhood convenience goods and services, including food stores (grocery, meat
seafood, produce, delicatessen, bakery, candy, ice cream), drugstores, news stands,
dry cleaners, barber and beauty shops, and shoe repair stores.
2. Retail establishments as follows: Antique stores, arts stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public;
china and crockery stores; florist, including plant and shrub sales; gift shops;
hardware stores; hobby shops; home appliance stores; home furnishing stores;
interior decoration supply stores; establishments for sale of boating and fishing
supplies; jewelry stores; luggage stores; music stores; office supply stores;
optical goods stores; package liquor stores (without drive -through facilities); pet
shops; photographic supply stores; tobacco shops; television, radio, and other
electronics stores; video tape sales and rentals open to the general public;
variety and sundry stores; establishments for sale of wearing apparel. Such
establishments may provide incidental repair, maintenance, adjustment or alteration
services as appropriate, but facilities, operation and storage in relation to such
services shall not be visible from any street or street -related pedestrian open
space. Aside from antique stores, art galleries, jewelry and book stores, no such
retail establishments shall deal in secondhand merchandise. No individual
establishment shall exceed twenty -five -thousand (25,000) square feet in floor area.
The total floor area for these retail uses on an individual lot (excluding public
circulation space and similar common areas) shall not exceed five -tenths (0.5)
times the gross lot area except that through a Class 11 Special Permit a project
may be allowed to increase tire retail use tip to thirty (30) percent of the total
achievable F.A.A.
3. Service establishments as follows: interior decorator; duplicating centers
including letter and photostating services; locksmiths; opticians; photographic
service; tailoring, dressmaking, millinery or drapery fabrication, except where
products are for off premises sale; rental of recreation and sporting equipment.
4. Production of art and handicrafts (but riot mass produced items) incidental to sale
at retail on the premises.
5. Restaurants, tea rooms and cafes, except drive-in, including those with dancing and
live entertainment and with outdoor dining areas open to the general public.
6. Bars, saloons and taverns, including those with dancing and live entertainment open
to the general public.
7. Art galleries, museums, libraries and similar cultural uses.
See Attached Sheet for inserts
607.4.1.1 Tecial ►islet oorrcerning erte711 curd locatiat of certain uses at grotatd floor
frrnttage of Perlestricur streets. The following streets are hereby designated as
pedestrian streets: SE/SW loth Street (Brickell Promenade) between SW 1st Avenue
and SE 1st Aventie and Miami Avenue between S. 9th Street and S. Ilth Street. The
following special rules shall apply concerning the extent and location of permitted
uses along the ground floor frontage of pedestrian streets:
1. At least sixty-five (65) percent of the linear frontage of a lot abutting a
pedestrian street shall be occupied by principal uses permitted in section
601.4.1. and shall be constructed in accord with the "City of Miami Primary
Pedestrian Pathway Design Standards and Guidelines" design--standards--fir
1n�mar7�—pedestrian-pa}i1„ays--in—zecitm—}eq�. Each use shall have convenient
Attachment Sheet
Section 607.4.1 Continuation
8. Private clubs, lodges, fraternities, sororities.
9. Post -secondary public or private educational facilities.
direct access from the adjare,it public walkway. The remaining frontage may
be occupied by uses permitted In section 607.4.2.
2. Vehicular entrances may be placed in the remaining thirty-five (35) percent
of ground level frontage to uses behind or above the required ground level -
frontage only If vehicular entrances from other streets are not feasible.
607.4.2. Ninc,'Pat uses M- Mdtterl tuiflt lnttitations Concerning locatiat a1mg the groratd floor
f attage of paiestrirnr streets.
The following uses shall be permitted in locations other than the ground floor frontage of
pedestrian streets and urban plazas, except as provided at section 601.4.1.1:
1. Dwellings, one and two-family; detached, semi-detached and attached; multiple
dwellings.
2. Residence hotels, hotels; and motels.
3. Hanks, savings and loans and financial institutions; business, professional and
medical offices, clinics.
4. Service establishments, including automobile rental agency; bankigg and financial
institutions with drive -through tellers permitted only by*- pee 1a1 permit;
employment agency; printing and duplicating; real estate agency; ticket agency;
travel agency.
*Special Exception
S. Entertainment and recreation use including dance and music halls, live
performances; movie theaters; auditoriums; concert halls; game courts; health and
fitness studios.
6. Child day care centers, subject to the requirements pf section 936.
1. Structures and/or uses required for the performance of a governmental function,
except uses involving extensive storage or with storage a the primary purpose.
B. Structures and uses relating to operation of public utilities and requiring
location within the district to serve it or neighborhood district; railway or other
transit rights -of -way and tracks, but not yards, switching, storage, warehouses or
shops. No such use shall have extensive storage or have storage a its primary
purpose.
607.4.3. l3•incipol uses per1Y t tect ort13- by special cycepl iort.
The following uses shall be. permitted only by special exception in locations other than the
ground floor frontage of pedestrian streets:
L Automotive service stations.
2. Drive -through facilities for financial institutions, with City Commission approval.
3. parking lots, parking garages, provided that there shall be no vehicular access to
such facilities directly from primary pedestrian pathways.
4 Rrivatpc-lubs,— ledges, —fraterni-Eiei, sei-eFi-t-ieat
5. Marinas, except that each occupancy of private pleasure craft as a dwelling unit
shall he permitted only by Special Exception and each such occupancy shall be
construed as single family occupancy of the lot, requiring minimum gross area of
350 square feet.
6.
607.4.4. Lnni tat iats at uses.
L Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers
and plants, and other uses as authorized by special permit, all activities shall be
conducted within completely enclosed buildings.
2. All products and services shall be sold at retail on the premises. No wholesaling or
jobbing shall be conducted from within the district.
108s63
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Sec. 607.5. Accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated or
completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable
regulations. Other accessory uses and structures shall require a Class it Special permit. The
following special limitations or exceptions shall apply to accessory uses and structures in this
district:
1. No above ground offstreet parking or loading area shall be permitted between any
front portion of a building and the front line of a lot adjoining any street;
provided, however, that offstreet parking for bicycles may be permitted in such
areas, subject to limitations and requirements as to location, design and number
established in connection with special permits.
2. There shall be no vehicular access to parking or loading areas directly from any
primary pedestrian pathway where access is reasonably feasible from another street.
Sec. 607.6. Minimum lot requirements.
No specific dimensional requirements are established in this district, but lots shall be
of sufficient width and area to conform with other requirements and limitations of these and
other lawful regulations.
Sec. 607.7. Floor area limitations.
Floor area limitations for SO-7 shall be as follows subject to the limitations and
requirements of sections 903.1 and 903.2.
607.7.1. Floor area Ibrdtat ioas for residential, na+tr•esidattial, rntd calbinatiort use
btri Idings.
The maximum floor area ratio for all uses on an individual lot shall not exceed eight
(8.0) times the gross lot area.
Except as modified in section 607.7.2 below:
1. The maximum floor area ratio for all residential uses on an individual lot shall
not exceed six (6.0) times .the gross lot area.
2. The maximum floor area ratio for all nonresidential uses on an individual lot
shall not exceed two and twenty-five hundredths (2.25) times the gross lot area.
607.7.2. Allatuble increase in rrorrvesidvrtial floor area for caty building prouidirtg for
certain stwr•t ing uses; I bid tat ions.
The maximum allowable floor area for nonresidential uses on an individual lot shall be
increased in conformance with the following provisions and limitations:
1. Residential and hotel uses: lire floor area shall be Increased according to either
of the following alternatives; however, in no case shall the increase in
nonresidential floor area exceed two and seventy- five -hundredths (2.75) times the
gross lot area:
a. For every one (1) square foot of floor area provided onsite for residential
or hotel uses (excluding associated commercial areas and common areas in
excess of 104'of the total floor area occupied by hotel rooms), the maximum
nonresidential floor area shall be increased by one (1) square foot. Such
residential or hotel floor area shall be constructed concurrently with any
uses receiving this bonus.
b. For every six dollars and sixty-seven cents ($6.67) contributed to an
Affordable Housing Trust Fund established and administered by the City of
Miami, an increase of one (1) square foot of nonresidential floor area shall
be permitted. All funds so contributed shall be expended solely within the
SO-7 district.
�L/Csl�v��t
2. Retail, service, restaurant and cultural uses: For every one (1) square foot of
ground level uses listed section 601.4.1 and constructed in accord with the_Lity
of Miami Primary Pedestrian Pathway pd-islgn ;;standards and Guidelines" -for—pri"mery
-red et+r4O"athwers—f" ect-1°"-4@49, the floor area shall be increased by one (1)
square foot for any nonresidential use or two (2) square feet for residential use.
Such uses shall be adjacent to and directly accessible from public street
sidewalks or from a ground level open space as defined In section 601.8.3. Uses
having principal access from Interior building circulation shall not qualify.
3, Theaters: For every one (k) square foot of floor area that a building provides of
theatre use that meets the requirements of section 607.8.4, the nonresidential
floor area shall be increased by four (4) square feet, but not to exceed a total
floor area Increase of five -tenths (.5) times the gross lot area.
4. Child day care center: For every one (1) square foot of floor area of child care
center indoor area and two (2) square feet of child care outdoor play area that
meets the requirements of section 936, the nonresidential floor area shall be
increased by four (4) square feet, but not to exceed a total floor area increase
of five -tenths (.5) times the gross lot area.
Sec. 607.8. Minimum yards, setbacks, open space and residential recreation space.
607.8.1 A4tibrtrrt pi ds.
The following minimum yard dimensions and limitations shall apply. Notwithstanding the
provisions of section 908.3, canopies and awnings may project without limitation into the
required yard area adjacent to streets, provided that such projection is entirely supported from
the building. Required yards and setbacks adjacent to streets shall not be used for offstreet
parking or loading.
1: Yards adjacent to pedestrian streets (Brickell Promenade) shall be twelve (I 2)
feet along the north side of the street and fifteen feet along the south side of
the street. The yard area may be occupied by awnings, trellises, and other
appurtenances as specified in tire - "City of Miami Brickell Promenade Design
Development Plan and Urban Design Guidelines".
2. All yards adjacent to streets other than pedestrian streets shall have a minimum
depth of.. ten (10) percent of the lot depth as measured perpendicular to the
respective street, but not more than fifteen (15) feet or less than ten (10) feet.
When the adjacent street right-of-way is sixty (60) feet or more in width, the
minimum yard depth need not exceed ten (10) feet.
3. Except as greater dimensions are required by other lawful regulations, there shall
be no minimum requirements for interior side and rear yards.
607.8.2. Setbacles; ecceptiars; liinitotiafs.
607.8.2.1. I11Lrbrurr grotaid floor sctlxrrlrs. Except where ground level open space is
approved by Class II Special Permit pursuant to section 607.8.3, following are the
maximum setbacks for the ground floor of all buildings as measured perpendicular
to the base building line.
1. Adjacent to pedestrian streets, for the first eighteen (18) feet in
elevation above the public sidewalk, no building facade shall be set back
more than a maximum depth of twelve (12) feet along the north side of the
street or more than a maximum depth of fifteen (15) feet along the south
side of the street.
2. Adjacent to streets other than pedestrian streets, for the first eighteen
(18) feet in elevation above the public sidewalk, no building facade shall
be set back more than a maximum depth of twenty (20) feet.
3. Adjacent to interior lot lines, there shall be no minimum or maximum
setback requirements.
607.8.2.2. Li per- level sefbachs. Adjacent to all streets, between an elevation of
eighteen (18) feet and forty-eight (48) feet above the public sidewalk elevation,
the location of the face of building shall only be restricted by the minimum yard
108G3 %0-
requirements In section 607,8.1. Above an elevation of forty-eight (48) feet, ail
buildings shall be set back an additional ten (10) feet,
607.8.3. CUvt space Mi ►•esidaltinl recreaticrl space.
In addition to required yards, a minimum of one (1) square foot of open space shall be
provided for every fifty (50) square feet of nonresidential floor area 'over fifty thousand
(50,000) square feet. A minimum of one (1) square foot of open space or private recreation space
shall be provided for every ten (10) square feet of residential floor area. Such open space
and/or residentiai recreation space shall be approved by Class It permit and shall conform to the
"City of HiM Design Standards and Guidelines for Open.Space and Residential Recreation Space_'
-fn--stcticMiM50 and to the following special standards: .
I• Generally,* ypha;4-044, s.- and urban gardens shall not exceed twenty-five (25)
Percent of tiro lineal frontage of the development site on any public street.
open space
2. At least fifty (50) percent of the lineal footage of perimeter walls enclosing an
urban plaza or atrium space shall contain ground level uses permitted in section
607.4.1.
607.8.4• t7ecial requiren7rts for. tircrters; lilrritatiars.
Buildings that 'provide theaters which are improved and maintained in accordance with the
following requirements shall have the maximum floor area increased in accordance with the
provisions of section 607.7.2:
square feet.
2. No interior horizontal dimension of the performance/audience ating space
shall he less (Iran thirty (30) feet.
3. Audience seating for not less than one hundred f
y (150) persons shall be
provided as either fixed or movable seats. typical seating plan shall be
shown on architectural plans submitted or a Class II special permit as
required under section 607.3.
4. Average floor -to -ceiling grts of the performance/audience seating space
f shall be not less than sfventeen (17) feet.
I
l5. Theaters for�eerming arts or live entertainment shall have a stage or
similar atform elevated above floor level and not less than six hundred
(60 square feet in unobstructed floor area. Such a stage may be fixed or
1•)6. Performing arts theaters shall provide adequate ancillary space and support
facilities including dressing rooms, storage areas, wing space on stage,
service access, foyer or lobby space, office space, stage lighting and
acoustical controls as necessary.
Sec. 607.9. Height limitations.
There shall be no height limits in this district except as required by other lawful
regulations.
Sec. 607.10. Offstreet parking and loading.
close
Since it is intended that automobile traffic be minimized in this district because of its
proximity to the rapid transit stations, special offstreet parking requirements and
limitations are as follows; and, in addition, offstreet parking and loading, and offsite parking
shall be as required in sections 917, 918, 922 and 923, except as modified below:
607.10.1. Alnnrzrn curd nrnrirruu offstreet por•Icing l nrri Cations.
1• For dwelling units there shall be a
Of two 2 maximum
( ) parking spaces per dwelling unit.
10863
%v
2. For hotel or motel uses, there shall be a minimum of one 1) Parking space for
every four (4) lodging units and a maximum of two
2 (
three (3) lodging units. ( ) parking spaces for every
3. For business and professional office uses, including medical clinics, there shall
be a minimum of one (1) pa►•king space per eight hundred (800) square feet of floor
area and a maximum of one (1) parking space per five hundred (500) square fee gross floor area. t of
4. For retail and service uses there shall be a minimum of one (1) parking space per
one thousand (1000) square feet of floor area and a maximum of one (1) parking
space per three lun►dred (300) square feet of gross floor area.
5. For restaurants, hors, nightclubs and the like there shall be no minimum number of
parking spaces required and there shall be a maximum of one (1) parking space per
one hundred (100) square feet of gross floor area.
6. For theater uses there shall be no parking spaces required and there shall be a
maximum of one (1) parking space per four (4) seats.
1. For all other uses there shall, be a minimum of one (1) parking space per one.
thousand (1,000) square feet of floor area and a maximum of one space per five
hundred (500) square feet of gross floor area.
607.10.2 $ecial offstreet IVI.Ili,W r.eTI rert3cts; offsiteM1.1tirtg; Ivrutatioas.
1. Notwithstanding the limitations of section 918, offsite parking shall be permitted
by Class 11 permit without limitation on percentage of the required number of
spaces or maximum distance from the principal use. Furthermore, there shall be no
required demonstration or findings of practical difficulty or unnecessary hardship
in providing required parking on the site, provided that the location of the
i offsite parking is within a one thousand (1,000) feet radius of the principal use,
or within a six hundred (600) feet radius of a Netromover station or there are
permanent provisions made to transport the offsite parking patrons to and from the
principal site at the property owner's expense.
2• No residential dwelling unit shall be sold or leased without the right to utilize
-king space.
at least one (I) onsite pa
3. ,No more than ten (10) percent of the total number of onsite
provided shall be reserved for use by a particular individual or grouprking spaces
Sec. 607.11. Limitations on signs.
Sign limitations shall be as provided in section 602,11, recognizing the size limitations
thereof, provided further that onsite signs above a height of fift be subject to the provisions of section 926.16, g Y (50) feet above grade shall
MIAMI REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
M18m1, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
e the
SooldefWilliams, who lonedathtSay$ that shells thority ersonaly he Vice
President 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 MIANI
Legal Notice
Re: Ordinance No. 10863
An Ordinance, with attachments(s),
etc.
In the ............... X X X
was published in Bald newspaper In the Issues of Court,
April 25, 1991
� runner says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
ppand that the said now spar has heretofore been continuously
Sato► fayaSunday and Legall Holidays) arnda�assbeen entered as
second class mall matter at the post office In Miami In said
X,Pu
Florida, for a period of one year next preceding
cation of the attached copy of advertisement• end
says that she has neither paid nor promisea any
otha purpoasnof securing thiaeadve,rtisemeatslor the dd newspaper.
r�,+it rr .5
25t SIbf +acrib d before me this
•• a91
1+•
(SEAL) �O +
�+rrrrrr
"OFFICIAL NOTARY SEAL"
OCTELMA V. FERBEYRE
MY COMM. EXP. 7/9/94