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HomeMy WebLinkAboutO-10908J-91-396 6/20/91 ORDINANCE NO. 10908 ----------------- AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ZONING DISTRICTS, C-2 LIBERAL COMMERCIAL ZONING DISTRICT, CONDITIONAL PRINCIPAL USES, TO PERMIT HEAVY EQUIPMENT, BUILDING MATERIALS, CONTRACTOR'S EQUIPMENT AND ROAD -BUILDING EQUIPMENT BY SPECIAL EXCEPTION, WITH CONDITIONS, AND PROVIDING GENERALLY FOR OPEN STORAGE OF BOATS AND VEHICLES; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 15, 1991, Item No. 4, following an advertised public hearing adopted Resolution No. PAB 35-91 by a vote of 7 to 0, RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; 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 I. The text of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows:l/ "ARTICLE 4. ZONING DISTRICTS i C-2 Liberal Commercial. Permitted Principal Uses: l/ Words and/or figures stricken through shall be Underscored words and/or figures shall be addedaeletedTh remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 10908 ' f +=, Retail and service uses in C-1 and, in addition: 1. Commercial marinas. 2. Retailing of second-hand items and pawn shops. 3. New and used vehicle sales, 4. Parking lots and garages_ • Heavy equip-leftvuivs uaau ociV iti-er`—. - Wholesaling. S. �- Warehousing. 7. -9—. Distribution and transport -related services. Personal service establishments, including bail bondsmen, health spas or studios, massage parlors, turkish baths, and dance studios. 9 -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. Printing. �3- Astrologers, palmists, fortune tellers and phrenologists. }4- Other activities whose scale of operation and land use impacts are similar to those described above; Except that boats vehicles, christmas trees, flea Markets and the like permitted in this district may be gold displayed and stored (but not repai in the open air. Conditional Principal Uses. 1. Motels and hotels by Special Exception only. 10. Adult entertainment, subject to the limitations and requirements in section 937. 11. Heavy equipment sales, services and storage, and building material sales and storage including contractor's equi ment and road building equipment by Special Exception only; except where specific excluded in the arrant of special exception, open -2- 10908 storage_ of equipment and material shall be behind or beside,_a shoo, store, or ether building in permitted use in the front or side portion of the same lot and where not screened from view from public streets (other than alleys and from adjoining residential districts by buildings) shall bg enclosed by a solid textured wall (with necessary openings) at least six (6) feet in height. 12 +i Stockpiling and distribution of rock, sand, gravel and the like, including concrete mixing plants limited to dry components, only by Class II Special Permit. U +2- Residential uses in conjunction with property zoned under categories allowing residential uses by Special Exception only. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 'PASSED ON FIRST READING BY TITLE ONLY this 20th day of June 1991. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of July , 91991. ATTES XAVIER L. SUAREZ,ORAYOR MATTY H RAI, CITY CLERK PREPARED AND APPROVED BY: G-t/` eo 4L Go E. MAXWELL CH F ASSISTANT C TY ATTORNEY JEM/db/M804 APPROVED AS TO FORM ,AND -3- 10908 I-V P APPLICANT PETITION REQUEST PLANNING RECOMMENDATION BACKGROUND ANALYSIS RECOMMENDATIONS PLANNING ADVISORY BOARD CITY COMMISSION 0 PzW11 PLANNING FACT SHEET City of Mimi Planning, Building & Zoning Department: April 10, 1991 4. Consideration of amending Ordinance 11000 as amended, the Zoning Ordinance of the City of Mimi by amending Article 4 Zoning Districts, C-2 Liberal Commercial Zoning District, Principal Permitted Uses to permit contractors equipment and road -building equipment and providing for screening if not enclosed. To amend the text of the C-2 district to permit contractor's equipment and road building equipment to be stored, if screened. Approval. In Zoning Ordinance 6811, (which expired in 1M) construction equipment was permitted in the C-g district subject to screening. In Zoning Ordinance 9500, (which expired in 1990) contractor's and road building equipment was allowed in CG-2. In Zoning Ordinance 11000, the C-2 district is the equivalent district. This amendment clarifies contractor's equipment as being included in heavy equipment, and also, clarifies that certain activities may be conducted in the open We while some require screening. At its meeting of May 15, 1991, the Planning Advisory Board adopted Resolution PAB 35-91, approving the above by a vote of 7-0. At its meeting of June 20, 1991, the City Commission passed the above on First Reading. CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM PZvv13 TO Honorable Mayor and DATE Members of the City Commission JUN 12 1991 FILE SUBJECT : Emergency Ordinance; Schedule of Fees; Housebarge Accessory Use Certificate FROM : Cesar H. O REFERENCES City Manage Agenda Item PZ_19; ENCLOSURES. City Commission Meeting of June 20, 1991 RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached emergency ordinance which a) establishes the requirement and fee for housebarge accessory use certificates and b) changes the nomenclature in the fee schedule for planning and zoning items to conform to Zoning Ordinance 11000 and increases or deletes certain fees. BACKGROUND: On the advice of the Finance Department, the Planning, Building and Zoning Department has determined that the City of Miami has no authority to tax housebarges ("floating structures" per S.327.02(27) F.S.) as they are already taxed as tangible personal property by the County Tax Assessor. It is recommended however, that housebarges, as defined, be inspected annually and be required to obtain an accessory use certificate at an annual fee of $250, commencing January 1, 1992. The fee schedule in Chapter 62 Zoning and Planning is here proposed to be conformed to new Zoning Ordinance 11000 by changing the nomenclature of districts, classifications, notices and permits. In one zoning category and in one plan amendment category, because classifications are compressed, there is an increase in fees. In contrast, Class I conditioners and exterior painting in SD districts are permitsforexterior air Justification for the emergency is the need to bring the fees charged the public into- conformity with the classifications in the Zoning Ordinance; otherwise they are subject to challenge. Attachments IL0909 MIAMI REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before SookleWilliams, who lon oath gned tsays ythatt shells thee eVice 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 MIAMI ORDINANCE NO. 10908 In the ....... X X X Court, was published In said newspaper In the Issues of August 5, 1991 Afflant furfh.....,. .6_. the fir atfiant persor or raft public, ag attached copy one !e has neither pi n any discount, of aacurinn .ti (SEAS) "OFFICIAL NOTARY SEAL" OCTELMA V. FERBEYRE My COMM. EXP. 7/9/94 nenisement for `before me this 4.19.91.. (SEE ATTACHED) Page 1 of 2 Page 2 of 2