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HomeMy WebLinkAboutO-107710 i - i • J-90-375 7/26/90 10771 ORDINANCE NO. AN ORDINANCE, WITH ATTACHMENTS, RELATING TO LAND USE, AMENDING ORDINANCE NO. 11000, THE NEW ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA (EFFECTIVE SEPTEMBER 4, 1990), BY MAKING COMPREHENSIVE LANGUAGE CHANGES, AND NON -SUBSTANTIAL CHANGES TO ARTICLES THEREIN WHICH: CONTAIN AUTHORITY, AND INTENT AND PURPOSE; REGULATE LAND, WATER AND STRUCTURES, USES AND OCCUPANCIES, HEIGHT AND BULK, DENSITY, LOT COVERAGE, LOT AREA PER DWELLING UNIT, PARKING AND SIGNS; PROVIDE FOR OFFICIAL ZONING ATLAS AND OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, ZONING DISTRICTS, PLANNED DEVELOPMENT OVERLAY DISTRICTS, SPECIAL DISTRICTS; PROVIDE GENERAL AND SUPPLEMENTARY REGULATIONS; PROVIDE FOR: NON -CONFORMITIES; FUNCTIONS AND t RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS; SPECIAL PERMITS; SPECIAL EXCEPTIONS; MAJOR USE SPECIAL PERMITS; APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF PLANNING; APPEALS FOR VARIANCES; AND PROVIDE DEFINITIONS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 16, 1990, Item No. 7, following an advertised hearing adopted Resolution No. 34-90 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 the 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, as amended, the new Zoning Ordinance of the City of Miami, Florida, to become effective September 4, 1990, is amended as shown in the following pages, attached hereto as Attachment "A". ATTACHMENTS CONTAINED or 7 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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 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 June , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of July 1990. XXA��VI�ER L. SUA , MAYOR ATT g TY HIRAI CITY CLERK PREPARED AND APPROVED BY: a I c-elc r Oq—L E. MAXWELL V EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: U04GE L. FER ANDEZ CITY ATTORNE JEM/db/M629 10771 CITY OF MIAMI ORDINANCE 11000, AS AMENDED ADOPTED MARCH 8, 1990 EFFECTIVE SEPTEMBER 4, 1990 TABLE OF CONTENTS Page Article 1. Introduction........................................................ 6............. 1 2. Application of Regulations........................................................ 2 3. Official Zoning Atlas; Official Schedule of District Regulations ............ 6..... 3 4. Zoning Districts ...................................... 4........................... 7 5. Planned Development (PD) Overlay Districts ........................................ 41 6. SO Special Districts.............................................................. 44 7. HC Heritage Conservation Overlay Districts ................. 6...................... 133 8. Reserved.......................................................................... 145 9. General and Supplementary Regul.ations............................................. 146 10. Design Standards.................................................................. 187 11. Nonconformities................................................................... 201 12. Functions and Responsibilities of Commission, Officers, and Boards in Relation to Zoning Generally .............................. 207 13. Special Permits, Generally.................................:...................... 209 14. Class I Special Permits; Detailed Requirements .................................... 216 15. Class II Special Permits; Detailed Requirements ................................... 218 16. Special Exceptions; Detailed Requirements ..:...................................... 221 17. Major Use Special Permits; Detailed Requirements .................................. 223 18. Appeals from Decisions of Zoning Administrator and Director of the Department of Planning, Building and Zoning ....................... 229 19. Application for Variance from Terms of Ordinance .................................. 231 20. Status of Decisions of Zoning Board; Review by City Commission; Commission Powers; JudicialReview................................................................... 233 21. Administration, Enforcement, Violations, and Penalties ............................ 234 22. Amendments........................................................................ 240 23. Interpretation; Conflicts......................................................... 246 24. Resort to Remedies; Saving Clause; Severability; Effective Date.................................................................... 247 25. Definitions....................................................................... 248 TextIndex ............................................................ ................. 271 10771 ii ZONING TEXT Article 1. Introduction @ 100. Repeal of Ordinance No. 9500, as amended. @ 110. Authority. @ 120. Intent and purpose. @ 130. Short title. Article 2. Application of Regulations @ 200. Zoning affects all lands, waters, structures, uses and occupancies. @ 210. Zoning affects height and bulk of buildings, population density, lot coverage, yards and other open spaces, offstreet parking and. loading, signs, and other matters. @ 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. @ 230. Creation of new lots; reduction of lot or yard dimensions below minimum requirements prohibited. @ 240. Erection or maintenance of unauthorized signs prohibited. Article 3. Official Zoning Atlas; Official Schedule of District Regulations @ 300. Official zoning atlas and supplements; adoption. @ 301. District regulations extend to all portions of districts surrounded by boundaries. @ 302. Rules where district designation is not indicated; corrections. @ 303. Rules where there is uncertainty as to boundaries, @ 304. Reserved. @ 305. Schedule of district regulations; adoption. @ 306. Official zoning atlas; official schedule of district regulations; authentication and location. @ 307. Official zoning atlas; official schedule of district regulations; amendment; unauthorized changes prohibited. @ 308. Official zoning atlas; official schedule of district regulations; final authority. @ 309. Retention of earlier zoning maps or atlases or schedules of district regulations. @ 310. Replacement of official zoning atlas, official schedule; authentication; preservation of prior records. Article 4. Zoning Districts @ 400. Districts listed. @ 401. Schedule of district regulations. Article 5. PD Planned Development Overlay Districts 10771 iii @ 500. Application of regulations; intent. @ 501. Planned development district, generally. @ 502. PD districts; minimum area and densities permitted. @ 503. Procedures. @ 504. Principal and accessory uses and structures permitted generally. @ 505. Uses adjacent to residential districts. Article 6. Special Districts @ 600. Intent. @ 600.1. Reserved. @ 600.2. Effect of district designation SD. @ 600.3. Reserved. @ 600.4. Preparation of recommendation for specific SD zoning; contents of recommendations. @ 600.5. Procedures for adoption of SD amendments. Provisions Relating to Specific SD Districts @ 601. SD-1 Martin Luther King Boulevard commercial overlay district. @ 601.1. Intent. @ 601.2. Effect of SD-1 district designation. @ 601.3. Class II Special Permit. @ 601.4. Principal uses and structures. @ 601.5. Reserved. @ 601.6. Minimum lot requirements. @ 601.7. Floor area limitations. @ 601.8. Minimum open space requirements. @ 601.9. Maximum height. @ 601.10. Minimum offstreet parking. @ 602. SD-2 Coconut Grove central commercial district. @ 602.1. Intent. @ 602.2. Effect of SD-2 district designation. @ 602.3. Class II Special Permit. @ 602.4. Permissible principal uses and structures. @ 602.5. Permissible accessory uses and structures. @ 602.6. Minimum lot requirements. @ 602.7. Floor area limitations. @ 602.8. Minimum open space requirements. 10771. iv @ 602.9. Maximum height. @ 602.10 Minimum offstreet parking. @ 603. SD-3 Coconut Grove major streets overlay district. @ 603.1. Intent. @ 603.2. Effect of SD-3 district designation. @ 603.3. Class II Special Permit. @ 603.4-603.8. Reserved. @ 603.9. Special height limits. @ 604. SD-4 waterfront industrial district. @ 604.1. Intent. @ 604.2. Effect of SD-4 district designation. @ 604.3. Class II Special Permit. @ 604.4. Principal uses and structures. @ 604.5-604.7. Reserved.' @ 604.8. Minimum open space requirements. @ 604.9. Height limitations. @ 604.10. Offstreet parking and loading. @ 604.11. Accessory uses and structures. @ 604.12. Minimum lot requirements. @ 604.13. Floor area limitations. @ 605. SD-5 Brickell Avenue area residential -office district. @ 605.1. Intent. @ 605.2. Effect of SD-5 designation. @ 605.3. Class II Special Permit. @ 605.4. Principal uses and structures. @ 605.5. Accessory uses and structures. @ 605.6. Minimum lot requirements. @ 605.7. Floor area limitations. @ 605.8. Minimum yards, setbacks, design of ground level pedestrian areas, urban plaza areas, through block connections, waterfront walkways. @ 605.9. Height limitations. @ 605.10. Offstreet parking and loading. @ 605.11. Limitations on signs. @ 606. SD-6, SD-6.1 central commercial residential districts. @ 606.1. Intent. @ 606.2. Effect of SD-6 and SD-6.1 district designation. @ 606.3. Class II Special Permit. @ 606.4. Principal uses and structures. @ 606.5. Accessory uses and structures. @ 606.6. Minimum lot requirements. @ 606.7. Floor area limitations. @ 606.8. Minimum yards, setbacks, open space and residential recreation space; design of ground level pedestrian areas and through block connections. @ 606.9. Height limitations. @ 606.10. Offstreet parking and loading. @ 606.11. Limitations on signs. @ 607. SD-7 Central 9rickell rapid transit commercial residential districts. @ 607.1. Intent. @ 607.2. Effect of SD-7 district designation. @ 607.3. Class II Special Permit. @ 607.4. Principal uses and structures. I' @ 607.5. Accessory uses and structures. @ 607.6. Minimum lot requirements. a @ 607.7. Floor area limitations. @ 607.8. Minimum yards, setbacks, open space and residential recreation space and design of ground level pedestrian areas. I @ i 607.9. Height limitations. @ i 607.10. Offstreet parking and loading. @ 607.11. Limitations on signs. @ 607.12. Authorized variations from regulations. @ 608. SD-8 Design Plaza commercial residential district. @ 608.1. Intent. @ 608.2. Effect of SD-8 district designation. @ 608.3. Class II Special Permit. @ 608.4. Permitted principal uses and structures. @ 608.5. Reserved. @ 608.6. Minimum lot requirements. @ 608.7. Floor area limitations; allowable increase in floor area for certain features. @ 608.8. Minimum open space requirements. @ 608.9. Maximum height. @ 608.10. Minimum offstreet parking. @ 608.11. Limitations on signs. @ 609. SD-9 Biscayne Boulevard North overlay district. @ 609.1. Intent. @ 609.2. Effect of SD-9 district designation. @ 609.3. Class 1I Special Permit. @ 609.4. Permissible principal uses and structures. @ 610. SD-10 Jackson Memorial Hospital Medical Center overlay district. @ 610.1. Intent. @ 610.2. Effect. @ 610.3. Class II Special Permit. @ 610.4. Special rules concerning computation of parking requirements. @ 611. SD-11 Coconut Grove rapid transit district. @ 611.1. Intent. @ 611.2. Effect of SD-11 district designation. @ 611.3. Class II Special Permit. @ 611.4. Permitted principal uses and structures. @ 611.5. Permissible accessory uses and structures. @ 611.6. Minimum lot requirements. @ 611.7. Floor area limitation. @ 611.8. Minimum open space requirements. @ 611.9. Maximum height. @ 611.10. Minimum offstreet parking. @ 611.11. Limitations on signs. @ 612 SD-12 Special buffer overlay district. @ 613. SD-13 S.W. 27th Avenue gateway district. @ 613.1. Intent. @ 613.2. Effect of SD-13 district designation. @ 613.3. Class II Special Permit. @ 613.4. Permitted principal uses and structures. @ 613.5. Reserved. @ 613.6. Minimum lot requirements. @ 613.7. Floor area limitations. @ 613.8. Minimum open space requirements. @ 613.9. Maximum height. @ 613.10. Minimum offstreet parking. 10771 vii @ 613.11. Limitations on signs. @ 614. SD-14, 14.1, 14.2: Latin Quarter commercial -residential districts. @ 614.1. Intent. @ 614.2. Class II Special Permit. @ 614.3. Commercial -residential district SD-14. @ 614.4. Commercial -residential district SD-14.1. @ 614.5. Residential district SD-14.2. @ 615. SD-15 River Quadrant Mixed Use District. @ 615.1. Intent. @ 615.2. Class II Special Permit. @ 615.3. Principal uses and structures. @ 615.4. Accessory uses and structures. @ 615.5. Minimum lot requirements; floor area limitations; minimum open space requirements. @ 615.6. Height limitations. @ 615.7. Offstreet parking and loading. @ 615.8. Limitations on signs. @ 616. SD-16, 16.1, 16.2: Southeast Overtown-Park West commercial -residential districts. @ 616.1. Intent. @ 616.2. Effect of SD-16, 16.1, 16.2 district designation. @ 616.3. Class II Special Permit. @ 616.4. Principal uses and structures. @ 616.5. SD-16, 16.1, 16.2 accessory uses and structures. @ 616.6. Minimum lot requirements. @ 616.7. Floor area limitations. @ 616.8. Minimum open space requirements. @ 616.9. Height limitations. @ 616.10. Offstreet parking and loading. @ 616.11. Limitations on signs. @ 616.12. Variations. @ 617. SD-17 South Bayshore Drive overlay district. @ 617.1. Intent. @ 617.2.. Effect of SD-17 district designation. @ 617.3. Class II Special Permit. @ 618. SD-18 Minimum lot size district. 10.77171 0 ' 618.1. Intent. @ 618.2. Effect of SD-18 district designation. @ 619. SD-19 Designated F.A.R. overlay district. @ 619.1. Intent. @ 619.2. Effect of SD-19 district designation. Article 7. HC Heritage Conservation Overlay Districts @ 700. Intent and purpose. @ 701. Effect of HC district designation. @ 702. Definitions. @ 703. Heritage conservation board; heritage conservation officer. @ 704. Designation of HC districts. @ 705. Certificates of appropriateness. @ 706. Conditional uses and deviations. @ 707. Amendments to existing HC districts, administration and enforcement in HC districts. @ 708-709. Reserved. @ 710. HC-1 Heritage conservation overlay district. @ 711. HC-2 Heritage conservation overlay district. Article 8. Reserved. Article 9. General and Supplementary Regulations @ 900-902. Reserved. @ 903. General and supplementary regulations. @ 904. Determinations concerning uses not specified. @ 905. General requirements concerning arrangement and location of structures and landscaping; access. @ 906. Accessory uses and structures. @ 907. Lot, Yards and Related Terms; Definitions; Methods for Measurement; General Requirements and Limitations @ 908. Lot measurement. @ 909. Minimum dwelling unit size. @ 910-913. Reserved. @ 914. Increased development bonus. @ 915. Height regulation, generally. @ 916. Reserved. @ 917, Offstreet parking requirements, general provisions. @ 918. Offsite parking. 10771 ix @ 919. Limitations on parking garages as principal use. @ 920. Parking and/or storage of certain vehicles prohibited or limited in specified districts; limitations on occupancy. @ 921. Reserved. @ 922. Offstreet loading requirements, general provisions. @ 923. Offstreet loading, detailed requirements. @ 924. Piers, docks, wharves, dockage, boat houses, and boat slips. @ 925. Signs, generally. @ 926. Signs, specific limitations and requirements. @ 927. Temporary structures, occupancies, and uses during construction. @ 928-929. Reserved. @ 930. Automotive service stations as principal uses. @ 931. Drive-in establishments; car washes. @ 932. Christmas tree sales; holiday sales. @ 933. Special Exception criteria for approval of helistops. @ 934. Community based residential facilities. @ 935. Adult daycare centers. @ 936. Child care centers. @ 937. Adult entertainment or adult services. @ 938. Flea markets. @ 939. CBD storage facility. Article 10. Design Standards @ 1000-1009. Reserved. @ 1010. Baywalk/Riverwalk design standards and guidelines. @ NMI. General principals. @ 1010.2. Design standards. @ 1010.3. Standards and guidelines for design elements. @ 1011-1019. Reserved. @ 1020. Urban plaza design standards and guide lines. @ 1020.1. Review and approval process. @ 1020.2. Dimensions; accessibility. . @ 1020.3. Activity. @ 1020.4. Trees and plantings. @ 1020.5. Seating. @ 1020.6. Lighting and electrical power. @ 1020.7. Prohibition of driveways, parking spaces, loading berths, exhaust vents and building trash storage facilities. X 10771 @ 1021. Design standards and guidelines for the Southeast Overtown/Park west Redevelopment Project. @ 1022. Primary pedestrian pathway design standards and guidelines. @ 1022.1. Intent. @ 1022.2. Regulations. @ 1023. Design standards for open space and residential recreation space. @ 1023.1. Intent. @ 1023.2. Design standards for open space. @ 1023.3. Design standards -for residential recreation space. @ 1024. Offstreet parking guides and standards. @ 1024.1. Site plan review and approval. @ 1024.2. Length and width of stalls. @ 1024.3. Parking stalls required for physically handicapped drivers. @ 1024.4. Access aisles. @ 1024.5. Width, location, and slope of driveways. @ 1024.6. Vertical clearance. @ 1024.7. Ingress vehicular control devices. @ 1024.8. Pavement. @ 1024.9. Drainage. @ 1024.10. Lighting. @ 1024.11. Marking. @ 1024.12. Landscaping. @ 1025. Landscaping guides and standards. @ 1025.1. Ground level, permeable open space. @ 1025.2. Deck areas, plazas, and roof areas. @ 1025.3. Landscape material. @ 1026. Guidelines for requirements of irrigation or sprinkler system for landscaped areas according to City of Miami Off -Street Parking Guides and Standards. @ 1027. Interim parking lots during construction; purpose; Class I Special Permit required; provision for extension. @ 1027.1. Procedure. @ 1027.2. Standards. Article 11. Nonconformities @ 1101. Intent; general definition. @ 1102. Nonconforming lots. @ 1103. Discontinuance. Xi 10771 @ 1104. Nonconforming uses of lands, water or structures, or lands or waters in combination with structures. @ 1105. Reserved. @ 1106. Nonconforming structures. @ 1107. Nonconforming characteristics of use. @ 1108.' Repairs and maintenance. @ 1109. Unsafe nonconforming structures. @ 1110. Reserved. @ 1111. Casual, temporary, or illegal use does not establish nonconforming status. @ 1112. Required termination of nonconforming uses in structures or buildings. @ 1113. Variances prohibited. Article 12. Functions and Responsibilities of Commission, Officers, and Boards in Relation to Zoning Generally @ 1200. Interpretation and enforcement. @ 1201. Duties of City Commission. @ 1202. Duties of Planning Advisory Board. @ 1203. Duties of Zoning Board. @ 1204. Duties of the Director of the Department of Planning, Building and Zoning. Article 13. Special Permits; Generally @ 1300. Intent, generally. @ 1301. Classes of special permits; intent; agent, agency, or body responsible for each; referrals. @ 1302. Relation of special permits to building permits or certificates of use; to initiation or maintenance of use or occupancy. @ 1303. Special permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance. @ 1304. Applications for special permits, generally. @ 1305. Considerations generally; standards; findings and determinations required. @ 1306. Conditions and safeguards. @ 1307. Notice and hearing generally; availability of recommendations; records. @ 1308. Actions following decisions on special permits. @ 1309. Permits apply to property, not person. @ 1310. Withdrawal of application for certain classes of permits; effect of withdrawal. @ 1311. Appeals from decisions on special permits. Article 14. Class I Special Permits; Detailed Requirements @ 1400. Regulations applying. 10771 xii @ 1401. Class I Special Permits; informal notice and hearing; time limitations; referrals; conferences. @ 1402. Mandatory referrals. @ 1403. Appeals. Article 15. Class II Special Permits; Detailed Requirements @ 1500. Regulations applying. @ 1501. Informal notice and hearing. @ 1502. Referrals; time limitations. @ 1503. Time limitations; conferences; notification of decision. @ 1504-1509. Reserved. @ 1510. Class II Special Permit for preservation of natural or archeological features. @ 1511. Class 1I Special Permit required for any development between Biscayne Bay and the first dedicated right-of-way. @ 1512. Appeals. Article 16. Special Exceptions; Detailed Requirements @ 1600. Regulations applying. @ 1601. Reserved. @ 1602. Referrals; time limitation. @ 1603. Responsibility for recommendations; preparation of recommendations; time limitations. @ 1604. Submission of complete record to Zoning Board; availability for public inspection. @ 1605. Notices; hearings. @ 1606. Findings; decision; time limitations; further actions. @ 1607. Appeals. @ 1700. @ 1701. @ 1702. @ 1703. @ 1704. @ 1705. @ 1706. @ 1707. Article 17. Major Use Special Permits; Detailed Requirements Intent. Definition. Procedures. Commission disposition of application; consideration of recommendations; findings required. Effect of City Commission approval of application. Construction permits. Substantial changes in approved major use special permit. Review of commission actions. Article 18. Appeals from Decisions of Zoning Administrator and Director of the Department of Planning, Building and Zoning @ 1800. Generally. @ 1801. Status of administrative decision; time limits on appeal; filing of appeal. @ 1802. Transmittal of notice and record. @ 1803. Stay of proceedings. @ 1804. Setting hearing dates; notice. @ 1805. Availability of records. @ 1806. Hearing; powers of Zoning Board. @ 1807. Review of decision of Zoning Board. Article 19. Appeals for Variance from Terms of Ordinance @ 1901. Variance defined; limitations. @ 1902. Zoning Administrator not authorized to vary terms of ordinance; variance authority vested in Zoning Board. @ 1903. Requirements and procedures. @ 1904. Conditions and safeguards. @ 1905. Time limitations on refiling of petitions where variance denied. @ 1906. Review of decisions of Zoning Board on variances. Article 20. Status of Decisions of Zoning Board; Review by City Commission; Commission Powers; Exhaustion of Administrative Remedies and Judicial Review @ 2001. Status. @ 2002. Filing request; payment of fees; who may file. @ 2003. Procedures. @ 2004. City commission powers on review. @ 2005. Exhaustion of administrative remedies and judicial review. Article 21. Administration, Enforcement, Violations, and Penalties @ 2101. Zoning Administrator responsible for administration and enforcement. @ 2102. Zoning requirements, procedures, limitations, and actions on building permits. @ 2103. Zoning requirements, procedures, limitations and actions on certificates of use. @ 2104. Structures and uses to be as provided in applications, plans, building permits, certificates'of use, and special permits in relation thereto. @ 2105. Status of building,permits or certificates of use issued prior to adoption or amendment.of ordinances. @ 2106. Zoning conformity required prior to issuance of licenses or permits. @ 2107. Permits or certificates of use granted in error do -not authorize violation of ordinance; corrections required. @ 2108. Action on violations; remedies. @ 2109. Penalties. @ 2110. Records. @ 2111. Fees and charges. 10771 Xiv Article 22. Amendments @ 2201. Intent. @ 2202. Initiation of applications for amendment. @ 2203. Amendments to be heard by Planning Advisory Board. @ 2204. Amendments to be heard by Zoning Board. @ 2205. Duties of receiving officer or agent upon amendment proposal being filed. @ 2206. Public notice. @ 2207. Referral of applications to Planning Advisory Board for proposals for amendments required to be heard by the Zoning Board. @ 2208. Hearings of boards and report to City Commission; time limits. @ 2209. Nature and requirements of Planning Advisory Board report to City Commission. @ 2210. Nature and requirements of Zoning Board report to City Commission. @ 2211. Status of board reports and recommendations. @ 2212. City Commission action on board reports. @ 2213. Failure of City Commission to act. @ 2214. Limitations on the rezoning of property where application is initiated under section 2202.1(e). @ 2215. Requirements concerning changes in original proposals after processing begins. Article 23. Interpretation; Conflicts @ 2301. Provisions of zoning ordinance declared to be minimum or maximum requirements. @ 2302. Rule concerning conflicts with other regulations. Article 24. Resort to Remedies; Saving Clause; Severability; Effective Date @ 2401. Resort to remedies. @ 2402. Saving clause. @ 2403. Severability. @ 2404. Effective date. Article 25. Definitions @ 2500. General definitions. @ 2501. Citation to specific definitions. @ 2502. Specific definitions. 10771 xv CITY OF MIAMI ORDINANCE 11000 ADOPTED MARCH 8, 1990 EFFECTIVE SEPTEMBER 4, 1990 Preparation of this document was aided through financial assistance received from the State of Florida under the Local Government Land Development Regulation Assistance Program authorized by Chapter 89-253, Laws of Florida, and administered by the Florida Department of Community Affairs. 10771 xvi 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 Home 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." 1 10771 ARTICLE 2. APPLICATION OF REGULATIONS 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. i 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. 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, donstructed, displayed, illuminated, located, or dimensioned except in accordance with the provisions of this ordinance. 2 10771 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. Afting SMpecial Districts. Where SD special public interest districts (the "SO" 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 rmps. 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 supple?o ts. 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 (hereafter 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. &wadaries indicated as approxurately follaving the centerlines of streets, alleys, rights -of uny, or easeio ts; variation between actual and m4:ped location, effect of vacation a: zoning status of property. 3 10771 .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 A nterpreted 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. Bxodaries indicated as *proximately follauing boundaries of streets, alleys, other public or private property lines, rights-of-uay, or easmo ts. 3013.2.1. Gmeral 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. Eweptian in eases of apparently unzoned strips; effect of vacation an 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 gWroxinutely fol lacing ci ty 1 kni ts; changes in ci ty 1 b7d ts. 30,3.3.1. Generally. Boundaries indicated as approximately following city limits shall be construed as following such city limits. 303.3.2. Effect of renal of areas fran 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 annezatiovns 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. Boundaries indicated as apprax,mwtely follaving nVon high eater lines or centerlines of stream, canals, lakes, 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 water line, 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. 3063.5. BowKlaries indicated as entering any body of eater. Boundaries indicated as entering any body of water, but not continuing to intersection with other zoning boundaries or with the limits 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 approximutely parallel to or extensions of features. Boundaries indicated as approximately parallel to or extensions of features described in sections 303.1 through 303.5, above, shall be construed as being parallel to or extensions of such features. 4 10771 303.7. Distances not specifically indicated. 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. Zoning Board 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 tot, 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 of this zoning ordinance Sec. 304. Reserved. Sec. 305. Schedule of district regulations; adoption. 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 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." 306.1.2. libserued. 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. 307.1. Anera#=t. 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. Rbsting; notice concerning incoVlete posting; authentication. A 10771 307.2.1. Fbsting required, notice concerning inemplete 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 EFFECTIVE; POSTING INCOMPLETE. 307.2.2. Authentication; recording of nature cmd dates of anvdr nts. Amendments shall 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. Lhauthorized charges prohibited. 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. 309. 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. I44)lacenmt of official zoning atlas, official schedule 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 adopt a new official zoning atlas, official schedule of district regulations, or any 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. Replacemnts not involving anwxbmt. 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 city clerk. 310.2.2. Aplace=ts involving anaxt=t. 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. 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 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 SD-4 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 SO-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 10771 SD-15 SD-15 River quadrant mixed use district SD-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 HC-1 Heritage conservation overlay district HC-2 Heritage conservation overlay district 400.1. Definitions of groupings of carious 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 0 Office SD-5 Brickell Avenue area residential -office district Commercial districts: 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 C-2 Liberal Commercial CBD Central Business District SD-1 Martin Luther King Boulevard commercial district SD-2 Coconut Grove central commercial district SO-6, 6.1 Central commercial residential districts SO-7 Central Brickell rapid transit commercial -residential districts SD-8 Design Plaza commercial -residential district SD-14, 14.1, 14.2 Latin Quarter commercial -residential, and residential district S0.16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential district Industrial districts: 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 Title I-1 Industrial SO4 Waterfront industrial district Other districts: 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. 400.2. District classifications added by arrmdnent, except in arse of -interim zoning district. Any other district classifications hereafter established shall be deemed to be included in the listings above as though actually so listed; provided, however, that interim districts established as provided at article 8 shall not be included in such listing. 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, houseboats, 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 Scale: The conservation district is restricted to environmentally sensitive areas to be left in an essentially natural state; only minimum development is permitted conditionally. Public access to these areas 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. Permitted Accessory Uses: Not applicable. 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 district is reserved for public or private parks, recreational facilities, parkways and scenic corridors and no other uses may be permissible within so designated 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 specifically: 1. 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. Conditional Principal Uses: 1. Major structures or a change in the character of an existing park and other activities which further municipal purposes as determined by the City Commission permitted by Major Use Special Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Activities such as food service and small scale retailing provided that they are directly related to the enjoyment of recreation activities within the park or public open space by Special Exception only. 2. Within community and regional parks, performing arts centers, museums, art galleries and exhibition space and other entertainment facilities, provided that such uses are an integral part of the park's design and recreational function, all by Special Exception with City Commission approval only. 3. Fishing piers shall be permitted only by Class I. Special Permit. A. 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. 10 10771 5. Sea plane base; dirigible base and helistops by Special Exception .with City Commission approval only, and subject to limitations in section 933. 6. Retail sales of boating, fishing, diving and swimming supplies and equipment, retail specially shops by Special Exception only. 7. Boat docks, slips, piers, wharves, anchorages and moorages for private pleasure craft by Special Exception only. 8. Boat rentals and charters by Special Exception only. Offstreet Parking Requirements: 1 space per employee plus 1 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 one unit per typical lot size. The typical lot size is that which characterizes the surrounding neighborhood, and which, for most areas of the City, represents a lot of minimum dimension 50 feet of frontage by 100 feet of depth. This description implies a maximum net density of approximately nine units per acre. For specifically designated residential lots sharing a common lot line or alley with any commercial, office or industrially zoned lots see also SO-12 Buffer overlay district regulations in section 612. 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 .30 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) 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. Housebarges are prohibited. 4. Adult daycare centers shall be permitted for four (4) or fewer- adults subject to the requirements and limitations of section 935 "Adult daycare centers." 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 1I 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 subject to the requirements and limitations of section 936 "Child daycare centers." 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: (a) Only by Class I permit in locations not adjacent to streets and where total area in facilities is less than 20 percent of the gross area of the lot or (b) By Class II Special Permit in yards or courts adjacent to streets and/or where total area in such facilities is 20 percent or more of the gross lot areas. (See section 906.6). 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. 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: See sections 934 and 935. Home occupations: One (1) additional space to the minimum requirement of the district for the employee. In connection with each dwelling unit and any other uses. 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. 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 903.5(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 tb a street. Such signs shall not be illuminated. PO-H (article 5) construction signs shall not exceed 20 square feet in area, 1 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. 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 a two -unit residential structure (either attached or detached) on a typical lot. The typical lot size is that which characterizes the surrounding neighborhood, and which, for most areas of the City, represents a lot of minimum dimension 50 feet of frontage by 100 feet of depth. This description implies a maximum net density of approximately eighteen (18) units per acre or approximately 2,500 square feet per unit. For specifically designated residential lots sharing a common lot line or alley with commercial, office or industrially zoned lots see also SD-12 Buffer overlay district regulations in section 612. Intensity: 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 .30 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. 3. Community based residential facilities, licensed by FHRS, with from seven (7) to a• maximum of fourteen (14) clients (including staff, but 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, 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. 13 1 f3Ili 3. 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: 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 R-1 R-3 Multi -Family Medium -Density Residential. Intent and Scale: This residential district accommodates single family, duplex and multifamily structures up to and including low-rise apartment structures with a maximum net density of 40 units per acre. For specifically designated residential lots sharing a common lot line or alley with any commercial, office or industrially zoned lots see also SD-12 Buffer overlay district regulations in section 612. Intensity: Minimum Lot Size: 5,000 square feet Setbacks: front - 20 feet, side - 10 feet, rear - 20 feet Minimum Lot Width: 50 feet Height: maximum of 40 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: 1. One family buildings. 2. Two family buildings. 3. Multiple family buildings. 4. Rooming or lodging houses. 14 10771 5. Occupancy of private pleasure craft as living quarters is prohibited. Housebarges are prohibited. 6. 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. Permitted Accessory Uses: Same as for R-1 Single Family Residential. Conditional Principal Uses: Same as for R-2 Two Family Residential and: 1. Community based residential facilities, licensed by FHRS, with from fourteen (14) to a maximum of fifty (50) clients (including staff, but 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, 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 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 II Special Permit if for four (4) or fewer adults, Special Exception if for five (5) or more adults subject to the requirements and limitations of section 935 "Adult daycare centers." 3. Convalescent homes, health clinics, nursing homes, institutions for the aged or infirm and orphanages permitted only by Special Exception with City Commission approval. 4. Child daycare centers shall be permitted by Class I Special Permit for up to nine (9) children subject to the requirements and limitations of section 936 "Child daycare centers." 5. One (1) on -site dock or mooring per unit for major private pleasure craft to be used by residents thereof only by Special Exception. Conditional Accessory Uses: 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) 2. Permanent active recreation facilities accessory to uses in residential districts shall be permitted. (a) Only by Class I permit in locations not adjacent to streets and where total area in facilities is less than 20 percent of the gross area of the lot or (b) By Class II Special Permit in yards or courts adjacent to streets and/or where total area in such facilities is 20 percent or more of the gross lot area. (See section 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. 4. 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. Offstreet 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 spaces for every ten units or portion thereof designated for visitors up to fifty (50) units; 1 space for every ten units or portion thereof designated for visitors over fifty (50) units. 15 10771 Child cares 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: 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: 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 l 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 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. 10'7'71 16 Home 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 High -Density Residential. Intent and Scale: This residential district accommodates multifamily structures up to and including high- rise apartment structures with a maximum net density of 100 units per acre. For specifically designated residential lots sharing a common lot line or alley with commercial, office or industrially zoned lots see also SD-12 Buffer overlay district regulations in section 612. Intensity: Minimum jot Size: 20,000 square feet Setbacks : front - 20 feet, side - 10 feet, rear 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. 5. Motels. 6. Tourist homes. 7. Guest homes. 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 (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 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. 10771 17 Permitted Accessory Uses: Same as for R-1 Single Family Residential. Conditional Principal Uses: Same as for R-1 Single Family Residential; and, in addition: 1. Adult daycare centers shall be permitted by Class I Special Permit if for four (4) adults or less, Special Exception if for five (5) adults or more subject to the requirements and limitations of section 935 "Adult daycare centers." 2. Community based residential facilities, licensed by FHRS, with from fourteen (14) to a maximum of fifty (50) clients (including staff, but 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, 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 permitted only by Special Exception with City Commission approval subject to the requirements and limitations of section 934. 3. Convalescent homes by Special Exception. 4. Institutions for the aged or infirm permitted only by Special Exception. 5. Nursing homes permitted only by Special Exception. 6. Orphanages permitted only by Special Exception. 7. Child day care centers, subject to the restrictions and limitations in section 936, permitted by Class I Special Permit. Conditional Accessory Uses: Same as for R-1 and, in addition: 1. One (1) on -site dock or mooring per unit for major private pleasure craft for use of residents thereof only by Special Exception but not as a dwelling unit. 2. Accessory convenience establishments, subject to the requirements and limitations of section 906.7, "Convenience establishments as accessory to residential or office uses." 3. 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. 4. 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. Offstreet Parking Requirements: One and two family: Same as required in R-1. 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, 2 spaces for every ten units or portion thereof designated for visitors up to fifty (50) units; 1 space for every ten units or portion thereof designated for visitors over fifty (50) units. Child care: Same as required in R-1 district Community based residential facility: 18 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 Sign Regulations: Same as R-3. 0 Office. Intent and Scale: The office district accommodates office uses and professional services involving no sale of merchandise and mixed residential -office uses or residential uses. Residential uses for medium and high -density and hotels. For office lots sharing a common lot line or alley with any residentially zoned lots see also SO-12 Buffer overlay district regulations in section 612. 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: Multiple family, hotel buildings and offices, finance, insurance real estate offices, medical or dental offices, medical and dental laboratories, and clinics, banks, savings and loan associations limited to the office operation. Specifically included are: As for R-4 and in addition: 1. Multiple family, hotel buildings and offices not selling merchandise on the premises; finance, insurance real estate offices, medical or dental offices, medical and dental laboratories, and clinics, banks, savings and loan associations limited to the office operation. Where office and residential uses are on the same premises 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. 2. Post -secondary public or private educational facilities. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: 10771 19 1. Detached garages and car shelters (see section 908.6). 2. Garden sheds. 3. Private piers, docks and boathouses (see section 924). Conditional Principal Uses: 1. Adult daycare centers shall be permitted by Class I Special Permit if for four (4) adults or less, Special Exception if for five (5) adults or more subject to the requirements and limitations of section 935 "Adult daycare centers." 2. Group homes by Special Exception. 3. Foster care homes by Special Exception. 4. Community based residential facilities, licensed by FHRS, with from seven (7) to a maximum of fourteen (14) 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. 5. Privately owned and/or operated recreational buildings and facilities by Special Exception. 6. Playgrounds, playfields, parks by Special Exception. 7. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) by Special Exception. 8. Commercial parking lots only by Special Exception. 9. Offsite parking shall be permitted within the district as provided at section 918. Offsite parking where governmental action eliminates prior or provides new offstreet parking is permitted by Special Exception with City Commission approval. 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, under Class I Special Permit. 10. Convalescent homes by Special Exception. 11. Institutions for the aged or infirm permitted only by Special Exception. 12. Nursing homes permitted only by Special Exception. 13. Orphanages permitted only by Special Exception. 14. Child daycare centers, subject to the restrictions and limitations in section 936, permitted by Class I Special Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: 1. Permanent active recreation facilities accessory to residential and/or office uses by Class I Special Permit. 2. Temporary special events involving outdoor gatherings and the like, in accordance with section 906.9 by Class I Special Permit. 3. Accessory convenience establishments subject to the requirements and limitations of section 906.7 only by Special Exception. 4. Wet dockage or moorage of major private pleasure craft shall not exceed 2 per dwelling unit for the first 10 dwelling units, plus one for each 5 additional dwelling units only by Special Exception. 5. Permanent active recreational facilities shall be permitted by Special Exception. 6. Drive -through banking facilities, permitted only by Special Exception with City Commission approval. 7. Helistops shall be permitted only by Special Exception with City Commission approval and subject to requirements and limitations in section 933. Offstreet Parking Requirements: Offices and other non-residential uses: 1 space per 350 square feet of gross floor area Lodgings: 1 space per 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 In addition, 2 spaces for every ten units or portion thereof designated for visitors up to fifty (50) units; 1 space for every ten units or portion thereof designated for visitors over fifty (50) units. Adult care: 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 building height from grade at the bottom of the wall (averaged if sloping or i.rregular) to the bottom of the sign. Community or neighborhood bulletin boards or kiosks shall be permissible only by C1ass.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: 21 10771 Wo 0 The government/institutional district is intended ,to accommodate the development of major concentrations of government activities, public or to health facilities, religious, educational or cultural facilities, transportation facilities, other public facilities, and public and private cemeteries. Intensity: For Residential Uses: As for R-4. For All Other Uses: As for Office. Permitted Principal Uses: Local, state, regional and federal government, health, religious, educational, transportation, public utility facilities and cemeteries. Such uses may include but are not limited to hospitals, churches, schools, municipal, state and federal offices and governmentally owned utility facilities. Any change to introduce a new principal use or any additions over twenty (20) percent of any existing use shall be allowed by Special Exception only. Specifically included are: 1. Governmental administrative and judicial buildings. 2. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or community centers. 3. Banks, savings and loan associations, and similar financial 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 section 936.4 and 5. 5. Hotels with gross lot area of 25,000 square feet or more. 6. Multifamily dwellings; residence and apartment hotels; lodging houses. 1. Hospitals. 8. Offices, business and professional (other than those selling merchandise on the premises), clinics (other than veterinary); studios; medical laboratories. 9. Places of worship. 10. Publicly owned and/or operated recreational buildings and facilities, playgrounds, playfields, parks, beaches and the like. 11. 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. 12. Structures and uses other than those listed above required for performance of a governmental function. 13. Structures and uses relating to operation of public utilities and requiring locations within the district to serve it or neighboring areas (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 shops; provided that no such public utility use shall involve extensive storage or have storage as its primary purpose. 14. Foster care homes. 15. 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: 1. Any governmental facility or use that is proprietary in nature by Special Exception. 2.. Any other lawful governmental activity by Special Exception. 3. Jails, detention facilities, work camps by Special Exception with City Commission approval. 4. Public incinerators, except for forensic incinerators, solid waste.facilities of any type by Special Exception with Ci.ty Commission approval. 5. Any lease of municipal property to the.private sector for uses that further government purposes, by Major Use Special Permit. 6. Community based residential facilities are permitted only by Special Exception subject to the requirements and limitations of section 934. 7. Commercial parking lots or parking garages shall be permitted only by Special Exception. 8. Convenience commercial and service facilities, including restaurants, shall be permitted 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. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) shall be permitted only by Special Exception. 10. 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. 11. Local stations for mass transit facilities (other than bus stops) shall be permitted only by Special Exception. 12. Privately owned and/or operated recreational buildings and facilities, playgrounds, playfields, parks, beaches and the like shall be permitted only by Special Exception. 13. Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception with City Commission approval. 14. Changes to or from an existing hospital or nursing home by Special Exception only. 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 are permitted only by Special Exception subject to all applicable local, state and federal laws. 3. Helistops shall be permitted only by Special Exception with City Commission approval and subject to requirements and limitations in section 933. 4. Accessory convenience establishments are permitted subject to the requirements and limitations of section 906.7, "Convenience establishments as accessory to residential or office uses." 5. 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, are permitted 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 are permitted 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 be permitted only by Class I Special Permit and subject to conditions established in section 906.9. Not more than one such outdoor gathering per year shall be permitted in connection with openings or special promotions of any individual establishment, or for any group of establishments on the same premises. Offstreet Parking Requirements: For residential use: as required in the residential district immediately surrounding the area. For non-residential uses: one (1) space for each 300 square feet of proposed gross floor area. For libraries, art galleries, museums, neighborhood centers, recreational centers: 1 space for each 400 square feet of gross floor area. Places of worship: 1 space for each 5 fixed seats, and for each 50 square feet of area for movable seats, in auditoriums, chapels and other rooms for general assembly, excluding classrooms and other areas not for general assembly. For schools, colleges and universities: 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. 10771 23 W Grades 10-12: colleges and universities: each 8 fixed seats, and/or for each 80 auditoriums and other assembly rooms. 1 space per classroom, plus 1 space for square feet of area for movable seats, in For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as required in R-3 district Sign Regulations: Same as 0 Office. C-1 Restricted Commercial. Intent and Scale: The restricted commercial district accommodates mixed use or commercial activities which generally serve the daily retailing and service needs of neighborhoods and specific areas, typically require easy access by pedestrians and private automobiles. This land use is restricted to areas directly served by arterial or collector roadways, or directly accessible via mass transportation system. 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: 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: Multiple family buildings, hotels, motels, tourist homes and guest homes, offices and financial institutions and mixed -uses of retail, office and/or residential. In addition, general neighborhood retailing, personal and professional services including medical doctors and laboratories, restaurants, saloons and cafes, general entertainment facilities, public or private clubs and recreational facilities, commercial marina dockage (excluding repairs and maintenance operations), new car sales and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. Specifically included are: 1. Banks, savings and loan associations and similar financial institutions, except those with drive -through facilities. 2. Conversions or additions to create dwellings or lodgings in existing buildings conforming to C-1 requirements and limitations. 3. Dwellings, one and two-family, detached, semidetached and attached; multiple dwellings. 4. Offices, clinics, studios, medical laboratories, travel agencies, ticket agencies. 5. Private clubs, lodges, fraternities, sororities and the like. 6. Residence hotels; lodging houses; tourist homes; and guest homes, with quarters rented for periods one week or more, hotels and other transient facilities. 7. Restaurants, tearooms, cafes, except drive-in or those having dancing or live entertainment. 8. 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 24 10771 other electronic appliances, video tape 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 and video tape stores, no such retail establishment shall deal in secondhand merchandise. 9. Post -secondary public and private educational facilities, .business and trade schools, except those with external evidence of activities of an industrial nature. 10. 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. 11. Driving school agencies. 12. Mortuaries or funeral homes with not to exceed 2 retorts as an accessory use. 13. Printing incidental to a permitted principal use, blueprinting and the like; photographic development laboratories. 14. Radio and television broadcasting studios. 15. Retail establishments for sale of home furnishings and appliances, office furnishings, equipment and supplies, floor covering; leather goods, luggage, sporting goods, bicycles; garden supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and incidental assembly are permitted as accessory, but not principal uses. Aside from antique art, jewelry and book stores and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 16. Theaters (other than drive-in). 17. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but not secondhand merchandise otherwise. 18. Commercial parking lots, parking garages. 19. Commercial recreation establishments including pool halls and billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, driving ranges, archery ranges, trampoline centers, game rooms and dance halls. 20. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper clubs, cafes or private clubs. 21. 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. 22. Privately owned and/or operated recreation buildings and facilities, playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries, museums and the like; private clubs, lodges, fraternities, sororities and the like operated for profit. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: 1. Any use permitted as a principal use, subject to requirements and limitations applying to the principal use. Conditional Principal Uses: 1. By Class II Special Permit only, conver§ions to create dwellings or lodgings in existing structures not conforming to C-1 requirements. 2. Commercial marinas, boat rentals and piers shall be permitted only by Special Exception, subject to the requirements of section 924. 3. Community based residential facilities are permitted only by Special Exception, with City Commission approval, subject to the requirements and limitations of section 934. 4. 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, shall be permitted only by Special Exception, with approval by the City Commission, and subject to reservoir requirements of section 931.2. 25 10771, . 0 5. 6. 7. 8. 9. 10. 17. Other drive -through facilities, including eating and drinking establishments, shall be permitted only by Class II permit subject to the requirements of section 931, reservoir requirements established in subsection 931.2. 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. Automotive service stations and car washes shall be permitted only by Class II Special Permit, subject to the requirements and limitations of sections 930 and 931. Bars, saloons, taverns, and supper clubs, shall be permitted only by Special Exception. Dancing and/or live entertainment at private clubs shall be permitted only by Class II Special Permit. Privately owned and/or operated recreation buildings and facilities shall be permitted only by Class I Special Permit. By Class II Special Permit only, cigar manufacturing, hand process, sewing shop. Adult daycare facilities and subject to the requirements and limitations of section 935. Convalescent homes by Special Exception. Nursing homes and institutions for the aged or infirm by Special Exception. Orphanages by Special Exception. Child day care centers, subject to the requirements and limitations of section 936, permitted by Class I Special Permit. Temporary revival churches. In addition to limitations indicated above, within this district all commercial, office, sales, display and service activities shall be conducted within completely enclosed buildings, except in connection with outdoor eating areas, automobile sales lots, plant nurseries or commercial parking lots, or as approved in connection with special permits. There shall be no unenclosed storage or display of merchandise, 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 storage shall be visible from public ways. No off -premises storage of merchandise shall be permitted within the district. Conditional Accessory Uses: 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, shall be permitted only by Class I permit. Not more than one such outdoor gathering per year shall be permitted in connection with openings or special promotions of any individual establishment, or for any group of establishments on the same premises. 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 permitted only by Special Exception with City Commission approval only. 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 permitted by Special Exception 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 by Class I Special Permit on a vacant lot or portion of a lot not reserved for other purposes (i.e., parking). Such use may be permitted .by Class I Special Permit, with notice to adjacent and immediate (across the street) property owners, 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. 6. Sales of other goods pertaining to a national legal holiday by Class I Special Permit. 7. Helistops shall be permitted 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: For residential use: 26 10771 Same as for R-4 Multi -Family Nigh Density Residential. For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as for R-3 Multi -Family Medium 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 1 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 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. Offstreet Loading Requirements: For buildings in excess of 25,006 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. 1. Community or neighborhood bulletin boards or kiosks shall be permissible as provided at section 925.3.10. 2. Construction signs; not be exceed 1 construction sign or 30 square feet in areas, for each lot line adjacent to a street. 3. Development signs, except where combined with' construction signs,' shall be permissible only by Class I Special Permit as provided at section 925.3.8. 4. 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. 5. 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. 6. Marquee signs, limited to 1 per establishment and 3 square feet in area. 7. 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; 10771 27 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. 8. Real estate signs, limited to I per street frontage and not to exceed half the area permissible for the same type of permanent sign on the premises. 9. 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. 10. Wall signs, limited to 2 1/2 square feet or sign areas for each lineal foot of wail 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 wail. 11. 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: The liberal commercial district accommodates 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. For commercial lots sharing a common lot line or alley with specifically designated residentially zoned lots. (See also SO-12 Buffer overlay district regulations in section 612.) Intens.i ty : 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. 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. B. 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. Other activities whose scale of operation and land use impacts.are similar to those uses described above. Permitted Accessory Uses:. 28 0- 7•7 1 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. 10. Adult entertainment, subject to the limitations and requirements in section 937. 11. Stockpiling and distribution of rock, sand, gravel and the like, as a principal use rather than accessory to general building materials yards, shall be permissible only by Class II Special Permit. 12. Residential uses in conjunction with property zoned under categories allowing residential uses by Special Exception only. 13. Concrete mixing plants limited to dry components only by Class II Special Permit., Conditional Accessory Uses: 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, shall be permitted only by Class I permit. Not more than one such outdoor gathering per year shall be permitted in connection with openings or special promotions of any individual establishment, or for any group of establishments on the same premises. 2. Child day care centers accessory to a church or school, subject to the restrictions and limitations in section 936, permitted by Class II Special Permit. 3. Christmas tree sales by Class I Special Permit. 4. Sales of other goods pertaining to a national legal holiday by Class I Special Permit. 5. Helistops shall be permitted 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 1 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. 29 10771 uffstreet-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 C-1. CB0 Central Business District Commercial. Intent and Scale: The CBD commercial district accommodates commercial activities which serve the 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. 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 minimum lot size required Setbacks: front - 5 feet; side - O 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. 30 10771 Conditional Principal Uses: 1. Institutional uses, such as' regional government and educational centers by Special Exception only. 2. Motets 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. B. Public utilities and transportation facilities by Class II Special Permit. 9. Commercial marinas by Special Exception only. Conditional Accessory Uses: 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 Maximum one (1) space per 600 square feet of gross floor area Marinas: See article 6, "SO-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 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 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: 31 10771 ,, - The industrial district is intended to apply to activities 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. It is intended for application in areas- appropriately located for a range of activities extending beyond those permissible in the commercial districts to include manufacturing and processing operations. Such use is characterized by manufacturing or processing operations involving transportation of large amounts of materials to be used in the production of goods by processes, or with equipment, or with by-products, likely to have substantially adverse environmental influences, to be hazardous by reason of fire, noxious gases or explosion, if not regulated and controlled. These districts shall generally be located where directly served by major transportation facilities, and buffered from residential areas. For industrial 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: Same as required 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 imported 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 "Special permits", below. 7. 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 and barber shops, 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. Automotive assembly plants; battery manufacturing; tire recapping and retreading. 12. Automotive towing services, where not screened from view from public ways (other than alleys) or from 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 electricity or gas. 17. 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, perfume, soap, toiletries, and food products, except as indicated under "Special permits". 19. Manufacturing of plastics. 20. Manufacturing of metal products. 21. Manufacturing of ice. 22. Poultry or rabbit live storage and killing incidental to a retail business on the same premises. 23. Railroad stations, freight or passenger, transfer, storage or team tracks. 24. Paint and body shops. 32 10771 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 structures, including specifically: Same as required for C-2. Conditional Principal Uses: As for C-2 and in addition: 1. Facilities for storing, packaging, handling, processing or distribution of explosive, flammable, or otherwise hazardous materials shall be permissible 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. Facilities for VTOL or STOL craft, hovercraft, or sea planes shall be permissible only by Class II Special Permit. 3. Manufacture of concrete and cement products, brick, tile or terra cotta shall be permissible only by Class I Special Permit. 4. Manufacturing or processing of fish or meat products, or the rendering or refining of animal fats or oils, shall be permissible only by Class I Special Permit. 5. Recycling plants only by Class II Special Permit. Conditional Accessory Uses: Uses .and structures which are customarily incidental and subordinate to conditional principal uses and structures, including specifically: Same as.required for C-2. 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 feetof 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 C-2. 33 1'D1717.� M RT Fixed guideway rapid transit system development district. This zoning district is authorized by the Board of County Commissioneri of Metropolitan Dade County by County Ordinance No. 78-74; adopted October 17, 1978, as amended , and is included here by reference as follows: "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 proposed improvements in other forms of surface transportation facilities, represents a 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 2 The latest text of the Metropolitan Dade County Code should be consulted. 34 10771 (b) Provide incentives for Joint development with the private sector. Sec. 33C-2. Rapid transit zone. (A) Ikfinitiot. 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) asipWion of Lmxb 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 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) Jurisdiction of County. 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. 0 Pemutted Lzid 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) 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. (b) 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. (c) 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) 35 10771 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. (d) 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 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 Rcisting Fred Uses. All land areas included by this section within the rapid transit zone upon which uses other than those specified in subsection (0) of this section were authorized or permitted prior to the effective date of this section may be used as follows: (1) IIristirg 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)A11 other lads. 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, perform the duties specified in section 33C-4 of this chapter. Sec. 33C-4. Rapid transit developmental impact zone. 36 10771 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, continent and any recommendations. The rapid transit developmental impact committee report, 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. Sec. 33C-5. Guideway aesthetic zone. afiniticn: 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 -NAY Sc.e33-121.20. Definitions. (a) 1i4pid trcmit systen right-ofwiV 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) Applicable regulatiovts 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)Protected 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) Brect shall mean to construct, build, rebuild (if more than fifty (50) percent of the structural members involved), relocate, raise, assemble, place, affix attach, paint, draw, or in any other manner bring into being or establish. (f) 7&gwrary 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 bedoneon the premises on which located and special events, such as public meetings, sporting events, political campaigns or events of a similar nature. (g) Point of sale sign shall mean any sign advertising or designating the use, occupant of the premises, or merchandise or products sold on the premises. (h) Qctdoor 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. 37 10771 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 municipality may 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 legal entity, to erect, permit or maintain any sign in protected areas, except as provided for hereinafter. 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. (bJ 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 areas shall 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. 10'7'71 38 (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. (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. Sec. 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 (30) 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 and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purpose. 39 10771 .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." i ,I 10771 40 ARTICLE 5. PLANNED DEVELOPMENT OVERLAY DISTRICTS Sec. 500. Application of regulations; intent. The following regulations and requirements apply to planned development districts, defined for the purposes of these regulations as planned development housing (PD-N) districts and planned development mixed use (PD-MU) districts. It is the intent of this article that planned 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 development 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 development mixed use 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 PD-MU districts: (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. PD 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 PD districts 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 development district, generally. For purpose of these regulations, a planned 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; (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 PD districts; minimum area, maximum densities and maximum floor area ratios permitted. (a) Planned developments shall have a minimum gross lot area of 50,000 square feet. (b) Densities for the planned development housing districts allowed are as follows: R-1 nine (9) dwelling units per net acre. R-2 eighteen (18) dwelling units per net acre. R-3 forty (40) dwelling units per net acre. R-4 one hundred (100) 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 Plan, 1989-2000. Sec. 503, Procedures. Application for review and approval shall be submitted as specified for major use special permit. Sec. 504. Principal and accessory uses and structures permitted generally for planned development housing districts. 504.1. Principal uses and structures allaced for planned deuelopment housing districts: The following uses and structures may be allowed: (a) Dwellings, one -family, two-family, and multi -family; detached and attached; residence hotels, apartment hotels, and other facilities containing lodgings other than for transients, except as permitted as accessory uses. (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 development. 504.1.1. .Principal uses and structures allacad for planned deuelcp,v t mixed use districts. Same as per C-1. 504.2. Accessory uses and structures allayed in planed developfo t housing districts. Those uses and structures that are customarily accessory and clearly incidental to 'principal uses and structures, provided that at time of issuance of PO 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. 504.2.1. Limltaticna 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; Vhere 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 sign shall extend above or more than six (6) inches beyond the wall of the building. . 504.2.2. sighting. 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. ltws 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 and structures for planned developmrt ndxed use 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. Sec. 505. Uses adjacent to residential districts, generally. Where a PD district adjoins a residential district minimum yard requirements shall be that of the underlying district. No intensive recreational use or offstreet parking shall be permitted within twenty (20) feet of the district boundary. 505.1. hkight lbdtations, generally. Height limitations shall be similar to the underlying district regulations. 505.2. Signs visible fran outside 1D housing 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 exceeding one (1) year, and renewable for one-year terms for not to exceed two (2) additional years. 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 908.9. 5015.3. Signs limitations atR)Lnd xed 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. 110V111 43 ARTICLE 6. $D SPECIAL DISTRICTS GENERAL PROVISIONS Sec4,,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 SO.. Such SD districts may either: (a) Supplant,districts or portions of districts existing at the time of creation of a particular SO district, or (b) Have the effect of modifying requirements, regulations, and procedures applying to _the.extent.indicated in the particular SD amendment. Sec. 600.3. Reserved. :..Sec. 600.4. 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 SO-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: 600.4.1. Stateiv t of intent. The SO 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. Proposed district bowiiaries. The recommendations shall include a map or maps and pertinent supplementary material indicating as applicable: (a) The boundaries of the SO district and any subareas, if any, established- within the district for purposes of SO regulations. (b) The zoning designations of all portions of underlying districts if any, which will remain after SO zoning is superimposed. Where it is proposed to change the boundaries or zoning designation of remaining underlying districts affected in the same action by which SO zoning is applied, the map shall show the nature and location of such change. 44 10771 600.4.3. Fegulatims. The regulations shall be designed to promote the special purposes of the district, as set out in the statement of intent. 600.4.4 1aquiromts concerning special appnouals. 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 Planning Director 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 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. 45 10771 wo r' h Sec. 601. SD-1 Martin Luther King Boulevard commercial overlay district. Sec. 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 1I 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. Considerations in m*ing Class 11 *ecial Pemd t detemdnations. 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. 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 for primary pedestrian pathways in the "City of Miami Design Standards and Guidelines". Sec. 601.4. Principal uses and structures. Except as required in section 601.4.1 permitted principal uses and structures shall be as for the underlying district. 601.4.1. Limitation on thes. 601.4.1.1. Limitations on uses near specifiers intersections of arterial streets. Lots with frontage on Martin 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. Pend tied only by special pemu 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, other than as permitted generally. 46. 10771 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 temporary revival churches. 4. By Special Exception only, rescue missions. 5. By Class I1 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 and temporary revival churches. 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 for the R-1 district. 2. For other uses, as for the underlying districts. Sec. 601.7. Floor area limitations. Limitations in floor area shall be as required for the underlying district. 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 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. 601.10. Minimum Off -Street parking. Minimum off-street parking shall be as required for the underlying district. 47 10771 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 SD boundaries to the extent indicated herein. Sec. 602.3. Class II Special Permit. 602.3.1. 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, parking area or vehicular way or sign visible from a public street. Sec. 602.3.2. Cbnsiderat ions in making Class 11 �oecial Pemdt 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. On primary pedestrian pathways as shown on the zoning atlas, design guidelines in article 10 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 permitted on ground floor frontcge of primary pedestrian path4Ws. 602.4.1.1. Chly the follcudng principal uses shall be pemritted on the gnowd floor frontage of pedestrian streets. 1. 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. 2. Service establishments, including barbershops and beauty parlors; health spas or studios; laundry and dry cleaning agencies or establishments, including those coin ` 10771 48 l 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. S. 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. 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. ?he follauing rules shall opply concerning extent and location of the follaaing uses on grWd floor frontgp of pr#ury pedestrian pathaVs: I. 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 602.3.1 for at least sixty- five (65) percent of lot width. Sec. 6023. Permitted 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 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. Mnim h, lot requirements. 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. 602.7.1. Floor area limitations for canbination residmtial or nonresidential use in a building. Except -as modified by section 602.7.2. below; 49 10771 I . 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. 6M.7.2. Allatable increase in floor area for buildings providing certain supporting uses; lindtations. 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 space: 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. Mninm yard, except for balcanies and atnings. Except as required in I 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. Except as established for C-1 district, minimum offstreet parking shall be as indicated for the particular use. I. Location of nonresidential offsite parking shall be permitted anywhere within the district as provided at section 918, but without 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 except as provided below: 602.11.1. Gmeral LW tations. 61G12.11.1.1. Prohibited sits. 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 signs or except when signs are posted on community or neighborhood bulletin boards or kiosks, in accordance with limitations and regulations relating thereto at 50 10771 section 925.3.10 and those applied in special permit proceedings on particular community or neighborhood bulletin boards or kiosks. 602.11.1.2. Signs more than fifteen feet above grade, limitations on number, area, 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, limitations on nuniyer 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. Iktailed limitations, call signs, projecting signs, mvVuee signs, urindav 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, be erected per establithment 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. 602.11.3. Mal estate signs, construction signs, develop? t signs, nunber and area. Real estate, construction or development signs, individually or in combination, shall be limited to one (1) 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, nwber 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.' Cbmunity or neighborhood bulletin boards or kiosks, area and 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. Additional call signs for theaters, nuseuns, noncanwrcial 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. 6ecial penni t require=ts, 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, 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. 51 10771 i 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 of 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 SO-3 regulations shall be to modify regulations within portions of other zoning districts included within the SD 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. 6013.3.2. Ou nsiderations in mitring special pemni t detemdnatiorts. The purpose of the special 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 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 "0" Office District For all other districts 80 feet 40 feet 52 107/1 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. Vhm required. A Class II Special Permit shall be required prior to approval of any building permit affecting the exterior appearance of any structure. 604.3.2. Cbnsidemtions in naking Class II,Qpecial Penrdt 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. 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. Sec. 604.4. Principal uses and.structures. 604.4.1. Pend tted principal uses toad 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, currency exchanges and. the like. 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. Manufacture, maintenance, service, repair and/or sales or supply of parts, accessories and equipment for marine needs. ma 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. X. 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. Cb►:di tiaral principal uses oral 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. Sec. 604.5. Accessory Uses and Structures. 604.5.1. Penn t ted Accessory 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.. Gbnditional accessory uses and structures. As for "Principal uses and structures" in this district, and in addition: 1:' Lodgings for temporary accommodation of passengers, visitors and crew members at passenger or freight terminals shall be permitted only by Class I Special Permit, and only upon findings by the zoning administrator that such facilities are primarily related .to the operation of the terminal, and are not for general public use: Sec. 604..6. Minimum Lot requirements. 1. Minimum lot area - 10,000 square feet. 54 10771 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. OD4.8.1. Mnirnm yards and 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 111" and "2" above, there shall be no minimum yard or setback requirement. 604.8.2. &ilding footprint and 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. Mnimmoffstreet parking requirenents. 1. 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. Mnimm 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: 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 (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. 55 10771 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 Brickell Avenue along the bayfront and the Miami River, close to and visible from the CBD and Biscayne Bay, 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. 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 SO boundaries to the extent indicated herein in the Official Zoning Atlas. Sec. 605.3. Class II Special permits. 605.3.1. Wrest 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. Considerations in m*ing Class II ,dial Permit detemmdnations. 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 shall obtain the advice and recommendations of the Urban Development Review Board, except as established in section 600.4.4. 57 .10771 e -21 1. 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 in accord with section 1010. 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 in accord with the standards in article 10. 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. .61Q5.4.1. Principal uses penni t ted general ly. The following uses shall be permitted generally, except as limited in section 605..4.4: 1. Attached and multifamily dwellings; hotels, including apartment hotels and residence hotels. 2. Offices, business and professional (other than those selling merchandise on the premises); clinics (other than veterinary); studios; laboratories; travel agencies, ticket agencies. 3. Banks, savings and loan associations, and similar financial institutions, except drive - through facilities. 58 10771 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 urithin 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, 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 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. Permitted only by special exception. 1. Drive -through facilities for financial institutions, subject to the requirements of section 931, and that there shall be no entrances or exits to such facilities from major streets. 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. 59 1.1017 . e 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. Lh7d tatians 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 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: 10771 60 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 I1 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 opera 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 SO-5 district, provided that all other applicable provisions are met. Sec.'605.7. Floor area limitations. Floor area limitations of SO-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 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. 605.7.2. ,Allauable increase in floor area for off -site affordable housing; retail, service, restaurants,. -museum, art galleries, post -offices, and libraries at growid level; w dergrawd parking; and daffy 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 �� 10'7'71 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 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. Parking garages 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.. Mni nm- 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 adjacent to streets shall not be used for offstreet parking or loading. 62 10771 I . 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. Mfnin:m building setbacks adjacent to interior lot lines. For portions of buildings above forty (46) 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. Afivr znground floor setbacks. Adjacent to S.E. 10th 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. Urban plazns 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 Urban Plaza Design Standards and Guidelines in section 1020. 605.8.5. pbdestrian through 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: 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. Mterfiont unxlivnys. 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 in accord with Baywalk/Riverwalk Design Standards and Guidelines as provided in article 10. 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: 605.10.1. Minimm and mrchum offs treet parking lbritations. 10'7"71 63 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. Special 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. Special offsite parking regulations. 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. Special requireitts for location and design of parking structures. 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. 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. Sec. 605.11. Limitations on signs. 64 10'771 65 10'7'71 Y11111IN W 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 properties. 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 Sb-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. *ecial intent concerning 9}6.1. In addition to the general intent for SD-6 and SD-6.1 described above, 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 to provide 66 10771 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 SD-6 and SD-6-1 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. 606.3. Class II Special Permit. 606.3.1. Wie Raquired. A Class 1I 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. Considerations in mrking Class Ir *wial Pennit 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. 3. 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 1040, "Primary Pedestrian Pathway Design Standards and Guidelines". 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 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 the following design standards: 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. 67 1,0771 e. notwithstanding a through d above, ail 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. 8. 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. 606.4.3. :Principal uses permitted at any location; lb7dtatians as to location of uses -along ground floor frontage of pedestrian streets and urban plazas. The following uses shall be permitted at any location within these districts. 1. 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. 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. *ecial rules concerning extent and location of certain uses cn graM floor frontage 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 in accord with the design standards for primary pedestrian pathways in article 10. 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 be occupied by uses permitted in section 606.4.1, and the remaining frontage may be occupied by uses permitted in section 606.4.2. 606.4.2. Principal uses penmtted urith limitations concerning location along the grotM floor frontal 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, clipics, studios, laboratories, travel agencies, and ticket agencies. 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 pennitted 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 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 such establishment, and that no repair or service facilities, except for gasoline pump, be provided. 69 10771 .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 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. u 8. Post -secondary public or private educational facilities. 6106.4.4. Limitations an 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. 6016.5.1. 7WMraiy 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. 70 10771 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. S M floor area 1i»dtatiOns. Floor area limitations for SD-6 shall be as follows subject to the limitations and requirements of sections 903.1 and 903.2. 1. 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 Tot 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 shall not exceed eight and four -tenths (8.4) times the gross lot area. 606.7.2. D-6.1 floor area l W tations. Floor area limitationsfor 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 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 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 607.4.1 and constructed in accord with the Design Standards and Guidelines for Primary Pedestrian Pathways, the maximum floor area may be increased by one (1) square foot for any nonresidential use or two (2) square feet for residential use. d. Theaters: For every one (1) square foot of floor area that a building 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 2036, the maximum floor area may be increased 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. 71 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. Mnimm 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. 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 no minimum requirements for all interior yards (side, rear, and special). 606.8.2. Setbacks. 606.8.2.1. Giant floor setbacks. Except where ground level open 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. Adjacent. to Biscayne Boulevard, for the first eighteen (18) feet, in elevation above the public sidewalk, no building or portion thereof shall be 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 requirements. 606.8.2.2. Ehper 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 Planning Director 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 exception does not exceed twenty-five percent (25%) of the linear frontage of the lot on all streets. 606.8.3. Qpen space and 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 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 section 1050 and to the special design standards for urban plazas in section 606.8.3.1 below. 72 606.8.3.1. LOpmial requirements concerning urban playas. 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 1020, "Urban Plaza Design Standards and Guidelines", except as modified below: 1. 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 require=ts for theaters; limitations. 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. 73 10771 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: 606.1O.1. Mninm and mzrnnrn offstreet parking 1 i»df 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. 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. 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. 606.10.2 S wial offstreet parking require=ts; offsite parking; Undtations. 1. Except for offstreet parking facilities existing prior to the enactment of this ordinance, or ,interim parking facilities authorized by Class II Special Permit in accordance with article 10, all offstreet parking shall be provided within an enclosed structure so designed to screen the automobile from public view. 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. 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. 606.10.3. �*wial offstreet loading regulatims. 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. Sec. 606.11. Limitations on signs. Signs limitations shall be as provided for the C-1 district with the following exceptions and modifications: 74 10771 } 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 per street frontage, maximum 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 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. 75 10771 it 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 SO boundaries to the extent indicated herein in the Official Zoning Atlas. Sec. 607.3. Class II Special Permit. 607.3.1. Vim 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. Qnsideratiaas in malting Class II �*wial Rmd t detemdnaticns. 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 10771 ;. 76 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. 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 Baywalk/Riverwalk Design Standards and Guidelines in section 1010, 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. 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 Primary Pedestrian Pathway Design Standards and Guidelines in section 1040. 77 10711 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”. Sec. 607.4. Principal uses and structures. 607.4.1. Principal uses pennitted at any location; limitations as to location of uses along - ground 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. 6. 7. 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. 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. Production of art and handicrafts (but not mass produced items) incidental to sale at retail on the premises. 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. Bars, saloons and taverns, including those with dancing and live entertainment open to the general,publi.c. Art galleries, museums, libraries and similar cultural uses. 607.4.1.1 .$_ ecial rules concerning extent and location of certain uses on ground 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. llth 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 (zonstructed in accord with the. design standards for primary pedestrian pathways in section 1040. Each use shall have convenient direct access from the adjacent public walkway. The remaining frontage may be occupied by uses permitted in section 607.4.2. 78 10771 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 pemutted with limitations concerning location along the ground floor frontoge of pedestrian 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. Child 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 permitted only by special exertion. 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. 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. All products and services shall be sold at retail on the premises. No wholesaling or Jobbing shall be conducted from within the district. 0771 79 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: 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 SD-7 shall be as follows subject to the limitations and requirements of sections 903.1 and 903.2. 607.7.1. Floor area lnrdtatiorts for residential, nonresidential, and canbinaticn 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. Allaazble increase in nonresidential floor area for any building prouiding for certain supporting uses; lirnitatiens. 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 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 SD-7 district. 80 10771 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 design standards for primary pedestrian pathways in section 1040, 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 Mniram 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; linitations. 607.8.2.1. Macinun growad 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. . Elper 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 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. 81 607.8.3. (pen space and 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 over fifty thousand (60,000) 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 and Guidelines for Open Space and Residential Recreation Space in section 1050 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. A *ecial requir mts for theaters; limitations. 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. MEnanm and maximm offstreet parhing 1 k7 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) parking space for every four (4) lodging units and a maximum of two (2) parking spaces for every three (3) lodging units. 82�. 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. S. 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. 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 *mial offstreet parking requirermts; offsite parking; limitations. 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. 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. 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 fifty (50) feet above grade shall be subject to the provisions of section 926.16. 83 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 and service area for the design industry. It is intended to strengthen and encourage 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 SO-8 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. Sec. 608.3. Class II Special Permit. 6108.3.1. 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 the construction of a new building. 608.3.2. Cbns idemt ions in nnhing Glass II cpwial Pennt 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. Sec. 608.4. Permitted principal uses and structures. 6108.4.1. Pennittedgenerally. 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. Shops for the sale, fabrication, construction and manufacture or repair as follows: Awning and canvas, carpentry, custom woodworking and furniture, glass, signs, and upholstery, construction of models for design purposes. 6. Storage warehouse. 7 Swimming pool supplies and equipment. 8. Wholesale establishments. 6108.4.2. Lrrni tatiow on outdoor uses. S4 10771 All sales, display, and service activities of permitted or conditional uses shall be conducted within completely enclosed buildings except for parking lots; plant nurseries; outdoor dining areas; arts and crafts exhibits, including demonstrations and performances; flowers, plants, and shrubs; objects of art; and handicrafts, but not mass produced items. Sec. 608.5. Reserve. Sec. 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 Urnitations. 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. Allatable 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: 1. 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. 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: 1. All required non-residential offstreet parking may be located offsite in conformance with section 918, but without demonstration of practical difficulties or unnecessary hardship. 10771 85 AIN 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 space per two hundred (200) square feet of gross floor area, subject to a Class I Special Permit, examination of the ownership or lease; referral to the Off -Street Parking Department and annual review. Sec. 608.11. limitations on signs. Limitations on signs shall be as for C-1 districts. 10771 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 1I Special Permit. 609.3.1. Wine 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. 609.3.2. Consideration in ranking Class II $ecial Pemd t detemunatims. 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. 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. .110771 87 Ork Sec. 610. SD-10 Jackson Memorial Hospital Medical Center overlay district. Section 610.1. Intent. 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, rathet 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. Wren 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. Oneral eonsidemtians in rmking Class II 4)ecial Pemd t detemdnations. 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. 1 All handicapped parking spaces available throughout the district shall be counted in satisfaction of the handicapped parking requirements attendant to all new permits. 10771 89 Ste. 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 concerning 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. 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, parking area or vehicular way visible from a public street. 611.3.2. Cbrisiderations in mrking Class II Special Pemu t detemainatians. 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 lkmd tted only by special evoepticn. I. Drive-in facilities for financial institutions (see section 931). 10771 90 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. Limitations 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 as required in section 611.5.1., permitted accessory uses and structures shall be as provided for in section 903. Sec. 611.6. Minimum lot requirements. 611.6.1. Mnbnm lot requirements shall be as follaw: 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, 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 tot area. 611.7.1. Allacable increase in floor area for pedestrian overpass, pedestrian q space, undemgrow d parking, retail uses. Subject to the Class I1 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 metroraii 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 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. Sec. 611..8. Minimum open space- requirements. 621.8.1.. Front and street side yards. 10771 91. 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. 3. Adjacent to 28th Terrace, the yard shall be a minimum of fifteen (15) feet in depth. 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. Parking prohibited in required yes 4acent to streets. Required yards adjacent to streets shall not be used for offstreet parking. 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. In addition, the following provisions or limitations shall apply: 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. Sec. 611.11.- Limitations on signs. Sign limitations shall be as for the C-1 district. 92 1:0771 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 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 for surface parking lots serving the non- residential uses, subject to the following conditions: Permitted principal uses: Same as underlying district. Permitted accessory uses: Same as underlying district. Conditional principal uses: Those of the underlying district. Conditional accessory uses: 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. Special limitations: Buffer -lot intensity: Minimum lot size: Setbacks: front side rear Minimum lot width: Height Floor area ratio: Building footprint: Green space: Offstreet parking: 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. 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. OIL] 10771 AIM i 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 SD boundaries to the extent indicated herein. Sec. 613.3. Class I1 Special Permit. 613.3.1. Wen 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 in connection with specified uses, a Class II Special Permit shall be required with the landscaping plan to be approved 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. Considerations in m*ing Class II ,4=ial Pemu 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 13050 and with the special considerations listed below. 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. Sec. 613.4. 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 pemu tted on ground floor and second level frontage on pedestrian 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 and videotape stores, no such retail establishment shall deal in secondhand merchandise. 10771 94 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 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. FYant setback. 1. Adjacent to 27th Avenue, there shall be a minimum front yard 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. 613.8.3. Pear yards. Rear yards shall be a minimum of fifteen (15) feet. 613.8.4. Limitations uhere lots in the 1)-13 district abut lots wider R-1 or R-2 zoning districts. 1. A setback requirement shall be required of one (1.0) foot horizontally for every two (2.0) feet vertically starting at the point where the building wall reaches 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. Irnuiscoping 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. b. A solid and continuous masonry wall, a minimum of eight (8) feet in height, whose surface's are stuccoed and painted, and permanently maintained on both sides by the owner of.the lot within the SO-13 area. 10771 95 C. Shrubs a minimum of three (3) feet in height upon planting to form a continuous screening shall be planted in addition to the wall. Hedge 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. 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. lkuelcp?o t alternatives and limitations at oorbination 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 for SD-2 district. 96 10 7.71 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, mixed use, architectural design, and open space for D's 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. Wkn 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 nnking Class II *ecial Pen?dt detemrinations. 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, Latin Quarter Design Guidelines and Standards and the design standards in the "City 10771 97 of Miami 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. llhterials to be submitted udth applications; reviao process. Materials -to be submitted with applications for special permits within these districts shall be as required generally at section 1304. In addition: 614.2.2.1. Preliminary reviau. 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. 614.2.2.2. Mal reufau. 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 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. 614.2.2.3. Sign subrdssions. 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. 614.2.2.4. Building color sub?dssion. For repainting an gxisting 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. Latin darter Reviau Bbami (I¢iB) reviau 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 II Special Permit, the LQRB must review and recommend approval, revisions or disapproval of final working drawings. Sec. 614.3. Commercial -residential district (SD-14). 614.3.1. Special 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 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). 98 '-L V 'V1 I 614.3.2. lemu t teed principal uses and structures. 614.3.2.1. Principal uses pe»nitted on ground floor frontage of pedestrian -oriented streets and elsathere in 9a-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. 7. 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. 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. 10771 99 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. 12t_ 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. L ni tations 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 theremaybe 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. Perini t ted principal uses in the S)-14 exert on growd floor frontage of pedestrion-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: 1. 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 children, subject to the requirements and limitations of section 936, "Child day care centers". 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. 100 10771 8. Sewing shops shall be permitted only by Class 1I 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. S'necial rules concerning extent and location of certain uses on grmoui floor frontce of pedestrian -oriented streets (8314). The following rules shalt 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. 614.3.3. Pennitted 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 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) 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. 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, L 101 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. &serued. 614.3.5. Mnb7m lot requirements; floor area limitations; minbnen open space requirernnts. 614.3.5.1. Mn&mn lot requirements. 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 lino tations. 614.3.5.2.1. Floor area limitations for residential or nonresidential use in a building; floor area limitations for oanbination 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. 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 10771 102 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 beincluded 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. Allaaable increase in floor area in S).14 at pedestrian oriented streets and south side of S.W. 7th Street; for pedestrian open space,; mixed 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. Mni?= open space requirements. 614.3.5.3.1. Mnbnm yds. 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, gth 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 SD- 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 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. 10771 103 M (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 ca=rcial 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 fill). 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, 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: 107*71 104 1. Portales shall be a continuous open space adjacent to a public street sidewalk. Portales $hall 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 and Guidelines". 614A6. Fkight l imitations. There shall be no height limitations in this district. 10771 105 614.3.7. Offstreet parking mid lading. 614.3.7.1. XL14 offstreet parking and loading. Except as established for R-3 and C-I 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. Nhximan 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. denial consideration en vehicular access to property, parking 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. 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. 1,0771 106 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. Lmritations on signs. 614.3.8.1. Gimenal 1 &ni Cations. 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. 614.3.8.2. Mll signs. 614.3.8.2.1. Ahrber and hierarchy of call signs an a building and subject mutter. 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. 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. 10771 107 j. Advertising or other temporary signs. Advertising, temporary, or paper signs may be affixed, displayed or attached within glass 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. MLYinun size of uall signs and height above 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. Nbximm height of signs cmd letters of uall 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; (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. 108 614.3.8.3. Real estate signs, construction signs, develop?ot signs, nur:ber and 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, comber and 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. Cb v=ity 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. 4dditional uall signs for theaters, mcseuns, noncannercial 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. &enters, pennants, streamers, flashing or animated signs. Banners, pennants, streamers, flashing or animated signs may be permitted. For additional sign requirements, see Latin Quarter Design Guidelines and Standards. 614.3.8.8. Morals, ceramic plaques, historic markers and district identification 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. L$mial permit requirements, 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. Sec. 614.4. Commercial -residential district SD-14.1. 614.4.1. Principal uses and structures; accessory uses and structures; lkni tations cn signs; Buffer overlay district uses, structures ad requirements; minimm lot requirenaats; floor area limitations; minimm open space requirements; mxximm height; minimm offstreet parking requirements. 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. 2. Commercial parking garages shall be permitted. 3. 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. 4. 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.) 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 guidelines and standards for the Latin Quarter district. 10771 109 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; minbnm lot requirments,-floor area 167dtatio s; ndnimm open space require gets; mrc nxm height; minimm offstreet parking requirements. 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 903.5.) 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. 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. 110 0771 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. 10771 Section 615, SO-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 SD-15 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. 615.2.1. When required. A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to Article 15) 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. 615.2.2. Cbnsideratians in making Class H *ecial Aemdt detenninations. 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 1505, 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. 112 10771 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/Rverwalk Design Standards and Guidelines" in article 10, 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. b. 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 waterfrontdesignated as a "primary 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. b. The interior floor elevation shall be no more than six inches above the adjacent 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). e. Parking, loading, and service areas shall be enclosed within buildings or screened from public view with decorative walls and/or landscaping. 113 10771 f. Overhead or underground pedestrian connections shall be permitted to cross "primary 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 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 permitted generally within 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; 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. 7. 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. 13. Commercial marinas including sales and service; charter or rental of marine vessels. 114 10771 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. 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. 616.3.2. Principal uses -permitted only by special exception. 1. Automotive service stations. 2. Drive -through facilities, with City Commission approval. 3. Perking 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. 615.3.3. 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. 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. l►4hb= 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. 615.5.2 Floor area Ibni tations. Floor area limitations for SD-15 shall be as follows, subject to the limitations and requirements of section 903.2. 615.5.2.1. Floor area limitations for residential, nonresidential, and cvnbinatian 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 (1.12) times the gross lot area and the floor ratio for a combination of two or more nonresidential uses shall not exceed two and five -tenths (2.5) times the gross lot area. _0 VI 115 e 615.5.2.2. Allamble increase in residential and nonresidential floor area for any building providing for certain s& porting uses; limitations. 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 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 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 Baywalk/Riverwaik Guides and Standards" in article 10, 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 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. 615.5.3 Unimm 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 116 10771 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. 615.5.4. CiuM 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. Cmn space and 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 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.' asign Standards for Cpen mace. 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 Guides and Standards for Urban Plazas" in article 10 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. 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 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 article 10. 615.5.5.2. D?sign Standards for Msidential Recreation Lace. 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 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 117 10771 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. Mnbnm and m%vi► un offstreet parking l imi tations. 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 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 l�ecial offstreet parking requirenents; offsite parking; limitations. 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) 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 require=ts. 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; 118 10771 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. N Sec. 616. SO-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 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. Sec. 616.2. Effect of SO-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 SO boundaries to the extent indicated herein in the Official Zoning Atlas. Sec. 616.3. Class II Special Permit. 616.3.1. Wten 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 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. Cbns iderat iaw in nuking Class H dial Permit detemunatiow. 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, 1-395, 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. 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 5th Street and 9th Street. Optional 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. 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 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, 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 shall be appropriately screened with landscape or architectural materials. Where possible, equipment and utility areas shall be grouped together, and roof top 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 pemd tted principal uses and structures. The following principal uses shall be permitted generally in SD-16, 16.1, and 16.2: 1. One family, two family, and multiple family residential dwelling units. 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. 6. 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. 7. Art galleries, museums and libraries. 8. Bars, saloons, and taverns, including those with dancing or live entertainment open to the general public. 9. Supper clubs and nightclubs open to the general public. 10. Restaurants, tearooms, and cafes, including those with dancing, live entertainment open to the general public and/or outdoor table service (where appropriate). 11. Theaters, other than drive-in. 12. Health studios and spas. 13. Educational institutions of a business, professional or scientific nature and post- secondary public or private educational facilities. 14. Private clubs, lodges, fraternities, and sororities. 15. Auction galleries for sale of antiques, art objects, jewelry and the like, but not second hand merchandise generally. 16. Commercial recreation establishments such as pool halls, billiard parlors and game rooms. 17. Clinics, studios (other than dance), laboratories, travel agencies and, ticket agencies. 616.4.2. 8}16. 16.1, 16.2 coWiticnal principal uses and structures. The following uses shall be permitted only by special exception: 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. a nwryA 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 D-16, 16.1, 16.2 limitations on uses. 1. Except for outdoor dining places, exhibits of arts and crafts, flowers and plants, interim parking lots (see "City of Miami Design Standards and Guidelines"), 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: 1. 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 inappropriate 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. 3L16 minin= lot requirements. 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. 9}16.1, 16.2 minarun lot requirenmts. 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. TL16 floor area limitations. 1. The floor area for all uses shall not exceed four and thirty -two -hundredths (4.32) (5.0) 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. 10771 123 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. X416.1 floor area limitations; e:ceptions. The floor area for all uses shall not exceed five (5.0) times the gross lot area. The floor area for all residential uses shall not exceed five (5.0) times the gross lot area. 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. 9}16.1 allawble 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. SD-16.2 floor area I irni tatio ns. 1. 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. 3}16, 16.2 yards; setbacks; arcades; gateway features; special requirements ad l i rd tat ions. 616.8.1.1. Mnimm 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. 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. Setbacks; arcades; special requirerents and limitations. Except as modified by section 616.8.3, following are the setback requirements and limitations: I. 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 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. 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. 124.� 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. 616.8.2. SD-16.1 yards; setbacks; arcades; special requirmmts and Ihnitatiow. 616.8.2.1. Mnhnm 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. 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 at location. Except as modified by section 616.8.3, following are the setback requirements and limitations: 1. 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. 616.8.3. 3}16, 16.1, 16.2 ex mptions fran yard and setback requirements. 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. X-16, 16.1, 16.2 cpen space, residential recreation space; gatawy features, uieu corridors, pedestrian through block caznections, special require mts and limitations. 616.8.4.1. Qpen space and 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 the standards in the "City of Miami Design Standards and Guidelines" and to the special standards listed below: 1. All improvements shall be in accord with City of Miami Standards and Guidelines for the Southeast Overtown/Park'West Redevelopment Project. See the "City of Miami Design Standards and Guidelines". 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 the "City of Miami Design Standards and Guidelines". 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 Mail. Landscaping, sculpture, fountains, street furniture, and the like shall be provided as appropriate to the overall design of the pedestrian mall. All improvements are subject to' approval in connection with Class II 125 07671 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. Chteuty features; special require=ts. 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. See the "City of Miami Design Standards and Guidelines". 616.8.4.3. Weu corridors; special requiramts 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 "City of Miami Design Standards and Guidelines" for Southeast Overtown/Park West. 616.8.4.4. Fbdestrian through block connectians; requiramts and limitations. 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. 0.16, 16.2 height lirreitations; special requirer&mts. There shall be no height limitations within this district except as provided in section 616.8.1.2. 616.9.2. 1)-16.1 height 1 i►ru 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. S)-16, 16.1, 16.2 ndnimm and mzximm offstreet parking l imi tatiam. 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 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. 10771 126 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 $vial offstreet parking requirerxmts; offsite parking; limitations. 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 provisionsofsection 926.16. Offsite signs are prohibited. 10771 127 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 mixed use development area abutting South Bayshore Drive by providing 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, 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 SO boundaries to the extent indicated herein. 617.2.1. Undtatioas 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 in height than the residential structures 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. Ekeeptions to floor area ratio lb?dtatiovns. Notwithstanding floor area ratio limitations of existing districts lying within the SD-17 district boundaries, the floor area ration may be increased in accordance with the following provisions: 617.2.2.1. Publicly accessible parkning. 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. (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 128 101771 activity center, herein defined as the boundary of section 620, 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. 617.2.2.2. Buffer overlay districts; residential. Residential uses (excluding hotel use) may be permitted only for that portion of the lot within one hundred (100) feet of the zoned right-of-way line of Tigertail Avenue to establish a buffer adjacent to high density nonresidential uses. Floor area permitted by this section shall be in addition to the maximum allowable for other uses. 617.2.3. Lvpeaial limitations an calls, vehicular uays and parhing in a required special yard. 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. ccbecial height lb7dts. 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. 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; 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. Cansiderations in ranking Class 11 Special Pend t detemdnations. 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. No building permit shall be issued within the boundaries of the SD-17 district affecting the special yards herein required by the location, relocation, alteration or enlargement of vehicular ways, structures or parking areas on private property without authorization by a Class II Special Permit. (1) Relation of proposed improvements to natural features, surrounding, buildings, public recreation areas, and major streets. Proposed improvements shall be related harmoniously to the terrain, and in particular shall protect and enhance natural features such as rock outcroppings and ridge lines as much as reasonably possible. 129 (2) Relationship of new or redeveloped structures shall consider open space and view corridor relationships created by buildings, walls, landscaping, and physical/visual linkages to public recreation areas. Vehicular ingress and egress from private drives serving nonresidential structures or parking shall not occur directly onto iigertail Avenue. (3) Landscaping, screening and open space. Desirable landscaping shall be preserved in its natural state to the maximum extent reasonably feasible. General I 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 E adjoining properties shall be adequately concealed by appropriate plantings or I other screening. I j� 1 i I t i i . 130 F'f 10 7'71 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. Lorri tatiars 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. Uni tatiars on y vt1s. All yards for properties designated SD-18 and adjacent to South Bayshore Drive shall be not less than 70 feet. 1 0 7UA IL 131 Sec. 619. SD•19: Designated F.A.R. overlay district. i f Sec. 619.1. Intent. Specific areas within the City, including the Civic Center area; on the south side of US- 1, west of 17th Avenue, the area south of Coral Way on the east side of Douglas Road (37th Avenue), and the area bounded by N.E. 4th Avenue (extended) and Biscayne Boulevard between N.E. 18th and N.E. 20th'Streets have been appropriately zoned with a specific sector number. Sec..619.2. Effect of SD-19 district designation. The effect of these SD-19 districts shall be to modify regulations within portions of other zoning districts included within the SO boundaries to designate properties or areas of the City with a specific floor area ratio (F.A.R.). i i t 10771 132 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: 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; 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. 7AD.1. Rapose of regulations relating to Fl; districts. The purpose, of regulations relating to HC districts is to: 1. Identify and designate as HC districts those historic sites, historic districts, 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 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. . hlplicant. An applicant is the owner of record of a property and/or structures located thereon, or his legal representative. 133 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. Oertificate 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. Obntributing structurellaWsoope 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. Lbrnlitioz. Demolition is the complete destruction of a structure, or any part thereof. Giviaed 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. M storic 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. IBstoric 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. Ordinary =intenance 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. Lhreasotable or undue ecawmie hardship. Unreasonable or undue economic hardship is an onerous and excessive financial burden that destroys reasonable and beneficial use of property 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 carry out duties as assigned by this article and the City Code. Sec. 704. Designation of HC districts. 134 10771 704.1. (-iteria 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 7. 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 8. Have yielded, or may be likely to yield, information important in prehistory or history. 704.2. 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 preliminary 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. 7O4.2.2. Preparation of designation rgrort. 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. Lbsignation 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. &wxfaries.- 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 10771 135 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. Aritage conservation board public hearing; recomendation. 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. Knal gproual of Ids 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. Miratoriun following affimative reavme daticn 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. Imo' districts designated under previous zoning ordinances. All existing and future HC districts shall be subject to the provisions of this article. Sec. 705. Certificates of appropriateness. 705.1. Qertificates of appropriateness, 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. Procedures for issuing certificates of appropriateness. Where a certificate of appropriateness is required, the following procedures shall govern. 136 10771 705.2.1. Preapplication 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. 705.2.2. A plication 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. Standwrl 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. Ideritage 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: 1. 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. Lbcision of the heritage conservation bowl. 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: 1. 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 f07%1 137 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. 705.2.4.3. Time limitations. 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. B=rds. Written copies of all decisions and certificates of appropriateness shall be filed with the planning department. 7015.2.4.5. Appeals. 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 shal'1 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 uork. Any ch to the issuance of a certificate of appropr- heritage conservation officer. If the her that the proposed change does not materially the proposed change is in accord with app certificates of appropriateness, the off' standard certificate of appropriateness foi change is not in accord with guidelines, appropriateness previously approved by the special certificate of appropriateness shall 705.3. Qidelines for issuing certificates of appropriateness. Inge in work proposed subsequent ateness shall be reviewed by the tage conservation officer finds affect the historic character or -oved guidelines, standards, and cer may issue a supplementary such change. If the proposed standards, or certificates of board, a new application for a be required. 7015.3.1. Alteration of existing structures, neu construction. 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 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." 7015.3.2. Dawlition of existing structures. 1©771 138 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. S. 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. &1ocatian 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. I;lanwl 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. CFound disturbing activity in archeological zones, archeolc;gical sites, or archeolcgical conservation areas. 1. No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the 10771 139 Dade County Archeologist has reviewed the application and made his 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. To 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 districts, and archeological zones designated as HC districts by granting a special certificate of 'appropriateness. 706.2. Types of omW tiowl uses cmd deviations permissible. 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. 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 reconstructed, notwithstanding any conflicts with provisions of the underlying zoning district pertaining to minimum lot size, setbacks, minimum lot width, maximum height, building footprint, 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. Stmedcnds. 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 been met before reaching a decision to grant a special certificate of appropriateness. 140.�. I . 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. Frocedures for grnnting conditional uses and deviations. 706.4.1. AVlication 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. hbtice 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. Decision 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. Cbndi tions and safeguards. 706.5.1. &bard Tray impose 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. Abquire=ts 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. Requirements concerning time limitations. 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 fora 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. Requirenents concerning demolition. In cases where a property owner has been granted a conditional use or substantial deviation, as determined by the board at 10771 141 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. 1 706.6. .�apeals. j 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. Ane xbmts to existing X 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. Adinary rmrntencntce 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. Diforcerrnt, of nuintenance and repair prouisions. 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 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. 707.4. Dnergency condi tuns. 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. Inspections. The building and zoning department shall assist the board by making necessary inspections in connection with the enforcement of this article. The building and zoning department shall be 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. 10771 142 707.6. Violations axl penal ties. 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. &ferral to the heritage conservation baud. 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. Ibritage conservation board public hearing. The board shall conduct a public hearing with notice as set forth in section 70542.4.1. 707.6.3. Lbcision of the heritage conservation baud. 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. 707.6.4. &ferral to the code enforcermt 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. Cbnfl icts. Where there are conflicts between the requirements of this article and other provisions of this zoning ordinance, the most restrictive requirements shall apply. 707.8. IC zoning applies equally to private parties and public bodes. The provisions of this article shall apply equally to plans, 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. 710.1. Intent. 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, historic districts, and archeological zones which meet the criteria for designation set forth in section 704.1 and which either do not require conditional uses to assure their preservation or may be located where conditional uses would be injurious.to the neighborhood or otherwise detrimental to the public welfare. 10771 143 710.2. Effect of IC-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 specifically modified by the HC-1 overlay shall remain in full force and effect. 710.3. Urti ficates of appropriateness. 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 heritageconservation overlay district. 711.1. Intent. 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 IC-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.` «rti ficates of appropriateness. 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 A. CBndi tiowl 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 706. Such uses shall be permissible only within existing structures that contribute to I he 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. 144 10771 ARTICLE 8. RESERVED 10771 145 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. 1%les concerning projects crossing district boundaries or streets; requireieats and l imi tat ions. 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.oniy. 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. Wes concerning oanbinations of uses in buildings or on preTd ses; cumulative require=ts or limitations. 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 ombined in building(s) or on premises. Where there is a difference between floor area ratio limitations 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. 903.2.2. Abquiramts applying to residential and nonresidential uses ca7bined 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 uses; provided, however, that where residential use consists only of accessory dwelling or lodging units for occupancy by owners or managers of uses in the building, or of employees required to live on the premises for reasons of maintenance or security, and the total floor area of the dwelling or lodging units does not exceed ten (10) percent of the total floor area of the building. 903.3. Calculation of oonbined requirements or linaitatiarns; rounding in totals only. Where cumulative requirements or limitations are to be computed, fractions shall be carried forward in the summation, and the total rounded to the nearest whole number, subject to existing minimum lot sizes and maximum densities of development required by the zoning district regulations. 903.4. Fbtel annd trotel 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 *ecial Bccevticn and limitations thereon in cases uhere zoning district boundaries 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, on application under article 7 of this zoning ordinance, may as a Special Exception authorize the extension of regulations for either portion of the lot not 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 boundaries, nor to authorize the extension of regulations for an adjoining district into any SD district. 146 10771 Sec. 904, Determinations concerning uses not specified. Where there is substantial doubt as to whether a particular use or uses, or classes of uses, not specifically identified in this zoning ordinance are of the same general character as those listed as permitted principal or accessory uses, or uses permissible by special permit, the Director of the Department of Planning, 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. Mtifications concerning detemrinations. Upon making his determination, the Director of the Department of Planning, Building and Zoning shall notify and 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 D4oarbnmt of Planning, wilding and Zoning. If in making the determination the Director of the Department of Planning, Building and Zoning finds that the particular use or class 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. Where the Director of the Department of Planning, Building and Zoning finds, in making the determination, that the particular use or class 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. Exclusioa 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, offat, hooves, horns or other unprocessed animal products in the production of glue, soap, lard, oils, or fertilizer, private facilities for treatment of garbage, refuse, offial 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. Seca 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. As to access through such premises, the following limitations shall apply: 7,1 147 905.1. Prohibition of use of residentially zoned. private property for access to uses not pemritted in residential districts; e%reptions. 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: 9015.1.1. *ecial access for emergency and public service vehicles mzy be authorized by Class II *ecial Pemnit. 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 II 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 cmd cyclists nary be authorized by Class I *ecial Pemdt. 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. 905.2. Scoaration of residential and non-residential uses. A six (6) foot masonry wall shall be erected to separate residential and non-residential uses when sharing a common property line at the district boundary line. Sec. 906. Accessory uses and structures. The following regulations and requirements apply to accessory uses and structures: 906.1. D elling or lodging occupmcy prohibited unless specifically pemnitted in district. 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 with or after construction of principal building. Accessory buildings shall be constructed at the same time as, or following, construction of principal buildings. 906.3. Reserved. 906.4. Accessory buildings and other structures; limitations 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. Ibre occupations. Where home occupations are permitted or permissible, 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. (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 or attached garage or similar space not suited or intended for occupancy as living quarters. (c) Home 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. 10771 148 (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. Pemamt active recreation facilities as accessory uses in residential districts; special penni ts. Permanent outdoor swimming pools, permanent whirlpools (and similar facilities), permanent tennis courts, and similar active recreation facilities accessory to uses in residential districts require special permits as follows: (a) For R-1, R-2, R-3 and R-4 districts, in yards or courts adjacent to streets and/or where the total area of such facilities is 20 percent or more of the net area of the lot, a Class I Special Permit, with notification to abutting property owners, is required. (b) For 0 and more liberal districts, in yards or courts adjacent to streets and/or where the total area of such facilities is 20 percent or more of the gross area of the lot, Class II Special Permit approval with notification to abutting property owners is required. In connection with the special permit, section 1305 shall constitute the standard for issuance. In framing such special requirements in particular cases, due consideration shall be given to the proposed location of activities as related to existing or probable future location of living room or bedroom windows on adjacent property. 906.7. Convenience establishnmts 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: 9106. 7.1. Mn#nm nurber of cull ing or lodging uni ts; rninimm gross floor 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). 906.7.1.1. Conversion table for mixed 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: 1'077JL 149 Use Points 1 dwelling unit 1 1 lodging unit 2 200 square feet of gross floor area in office use 1 906.7.2. Mucimm floor area pemutted in accessory convenience establish=t. 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 es tab l i sir= ts, uses pemri t ted. 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 900.7.1.1). Hotels, etc. Residential Offices with Accessory with 50 or uses with 20,000 sq. ft convenience more lodging 100 or more or more gross uses units dwelling units floor area Apothecary P P P Bar P S S* Barbershop P P P Beauty shop P P P Laundry or dry cleaning agency P P P Newsstand P P P Quick copy service - - P* Restaurant P C C Sundry shop (including gifts, food items, household staple) P 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. 906.7.4. A plications for and limitations on size of restaurants as accessory convenience establishments. All applications for a special permit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (office), as the case may be, indicating their approval (or disapproval); the disapproval of a majority of the owners, renters, or lessees, as the case may be, will create a rebuttable presumption that a restaurant of this type would not be in the best interests of the owners, renters or lessees as the case may be. The application shall also acknowledge that the restaurant use 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 150 . 10771 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. Lvnitations an access to accessory convenience establishrents. 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. L ni tations 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. Limitations on 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, landsccping. .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 rotor fuels as accessory use at convenience estacblishrent prohibited. The sale of motor fuels as an accessory use at convenience establishments is prohibited. 906.9. ?brporary special events; special pemrits. 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. (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. 10771 151 L3 W1 (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 Qxrnge sales/yard sales; special peents. 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 aguinst divisions creating substandard 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. &served. 907.3. Setbacks and heights regarding abutting lots. 907.3.1. Rile concerning setbacks 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 &le 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 every two (2) additional feet in the vertical dimension. 907.4. Yard, general l imitations on occLparncy. 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 152 1077 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. Air conditioners/compressor pumps, exhaust fans and other noise producing equipment are permitted only within the rear yard if at least ten (10) feet from the abutting property by Class I Special Permit. 907.E-8. Reserved. 907.9. &ildable area, ldntitations on occLpmcy. Buildings may be placed in any part of the buildable area, but limitations on building coverage may require open space within the buildable area. 907.11. Ld?tations an 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 tddth. 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. Renrmneat structural projections fran buildings. 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. 908.4. l-brches 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 yards. 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 153 10771 portions of porches and entries shall not exceed twelve (12) feet in width along the front of the building. 908.4.2. Fbrches 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. 906.5. Cburopies and tunings. 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: 906.5.1. 1lbvable awnings for shade or shelter of doors crud wlydcus. 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 (1/2) the width of the required yard (whichever is least) over any required yard. 908.5.2. Cbsrapies or tunings 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: 906.5.2.1. Generally permitted 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. 908.5.3. OxMies over vehicular 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 (e) Such canopy shall remain unenclosed on at least three (3) sides. 908.6. Cbr shelters 1Uira tatians ad requirenents. 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: (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 154 10771 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 over required yards. 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. Fences, ualls, and hedges. The use of broken glass, projecting nails or spikes, or similar materials on wails is prohibited in all zoning districts. 908.8.1. 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 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. Ances,.ualls and hues 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 reasonably necessary to the safety, welfare and security of the property and/or its occupants. 908.9. 6lhterfrcnt yawls. (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, ail development in waterfront yards shall be permissible only by Class II Special Permit subject to the following requirements and limitations: (a) All underground structures shall be set back from the waterfront a minimum of ten (10) feet. (b) Offstreet parking or storage areas (except in the C-2 and I districts) shall not be permitted. When offstreet parking or storage areas are adjacent to waterfront yards, they shall be screened from view from the waterfront with walls or hedges. 908.1O. Limitations of driveaVs and offstreet parking, and landscaping requirements, in required yards adjacent to streets. 908.10.1. Drit*un ys 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 10771 155 .,.-sN perpendicular to the lot line, and five (5) feet where parking -or a driveway 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) 908.10.2. 1equirerent for provision of trees in yard. For every 5,000 square feet of minimum lot area required one (1) tree shall be provided in the yards not occupied by building. 908.11. Vision clearance at intersections. 908.11.1. Intent; 1nxterial inlnedimwt 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: 908.11.2.1. 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. 908.11.2.2. At intersections of drivevays 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. 908.11.3. In districts in uhich 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. lets passenger shelters; bus benches; telgAcne booths; nuiI and nawpcper banes. 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 908.11 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. 10771 156 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. 908.13. Yard uhere district boundaries divide lots. Where 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. Lhenclosed sumnmfng 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. See. 909. Minimum dwelling unit size. 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. Sec. 910-913. Reserved. Sec. 914. Increased development bonus. 914.1. 13celling unit, square footage, and offstreet parking bonuses for contribution to affordable housing trust bard; 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 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. 914.2. FAR and offstreet parking bonuses for lots in vicinity of netroraiI andrmtranxer; exceptions. 157 10771 Lots any portion of which are located within a radius of 600 feet of the Metrorail/Metromover right-of-way shall be permitted a ten (10) percent increase in allowable floor area ratio, when consistent with the Miami Comprehensive Neighborhood Plan, 1989-2000, 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. Haight regulation, generally. 915.1. A&surwmt 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. 915.1 2. Excluded portions of structures. Except as specifically provided herein, the height limitations of this ordinance shall not 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 that such structures shall not cover more than twenty (20) percent of roof area), nor to church 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. 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: 917.1. General perfomunce stamdards for cmd 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 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 mrzeuvers on public streets or sidewalks prohibited; backing into alley by aass I $ecial Pennit; exceptions. Offstreet parking spaces shall be provided with room for safe and convenient parking or unparking without infringing on any public street or sidewalk, and without backing into any street or alley. 158 10771 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. Backing into a street is allowed in R-1 and R-2 districts. 917.1.2. Valet parking, generally. Offstreet parking facilities maintained with valet parking only, may be approved by Class I Special Permit for excels 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 (50) percent of existing offstreet parking spaces 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. 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 "Offstreet parking guides and standards". 917.3. ,6Mlication of City of Mani (leides and Standards to location, b7praxm?tt, 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 Design Standards and Guidelines". 917.4. Class 1 *ecial Pemuts required for substantial rrndification of existing facilities including ten or nore 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. Parking requirements for housing for the elderly, by Class II pemut; limitation. 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 Exception 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: (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. (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 limitations of this zoning ordinance for the district involved and applying to the new use shall have been met. J0 7"71 159 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. 1lxduction in parking requuirenents for housing for law incam fanilies cod individuals. Reduction of generally applicable 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. Pduuction in parking requirements for ca?binations of residential and office uses on the sane premises. Where residential 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 90% of the total required spaces only by Class II Special Permit. 917.8. aferral of portions of total required parking inproverients, by Loecial &ception 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. 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. r 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. &tensions of deferral periods; alternate nethods. 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. AWlioations for renatacl 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, &iIding and Zoning D4partmnt. The Director 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 where 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. 917.8.3. Mintenance and use of areas on uhich• parking inrprouenants are deferred. Areas on the lot on which parking improvement requirements are deferred by special permits, as provided above, shall be improved and maintained as green space unless improved as required for offstreet parking. No such area shall be included as meeting part of any requirements concerning amount of green space to be provided on the lot, since deferral of improvements is not intended as a waiver of offstreet parking requirements. 917.9. Joint parking facilities for contiguous uses, *ecial Eweption 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: (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. 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 10771 161 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. Qlculation of parking requirements related to mmber 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 storage 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. 917.13. Re&xtion of required offstreet parking or offstreet loading space prohibited. 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. Nkxi7m distance li?d taticns. Unless otherwise specifically provided for the following types of parking facilities, 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. Ibserved. 918.3. Offsite parking uhere goveinto tal action eliminates prior or provides nev offstreet parking; l*ecial Ekception penni t required ud th City Qmdssion 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 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. 162 10771 IN 918.4. &served. 918.5. Provisions for continuance or replacerfint of required offsite parking. 918.5.1. Cbntinuamce required; recorded agreenent. 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 provided 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. ftlacergnt of required offstreet parking; a»ended agreement. 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. 920.1. AMile han?s parking, store and occupancy; limitations 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; 10771 163 (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 an location of nubile hones not in a condition for occLpmcy. 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 oca4xotey of rwbile hates. 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. llhjor recreational equipment; parking storage and occupancy; limitations and exceptions. 920.2.1. Reserved. 920.2.2. Parking or storage of rrcajor 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; (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. Lirnitation an ocagxmcy of major recreational equipment. Major recreational equipment parked or stored on a residential lot or any street adjacent thereto, or in any other location where such use is not authorized, 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 164 10771 (d) Use or occupancy authorized for temporary office or for security purposes in connection with land development, construction, or other purposes. Other than when authorized for use as temporary office in connection with land development, construction or other purposes, such parking of major recreational equipment shall be allowed for a maximum of one (1) year with the option to request one (1) extension for an additional one (1) year 920.3. Parking or storage of specified trucks, buses, trailers or senitrailers prohibited as accessory use in residential districts, or in parking facilities in residential districts. Parking or storage of commercial trucks, buses, or vans; trailers or semitrailers for freight, luggage or the like; or sign trailers shall not be permitted in any residential district, or in any parking facilities authorized in any residential district. 920.4. Parking or storage of construction equipnent prohibited in residential districts. Except in connection with authorized active continuing construction on the premises, construction equipment such as earth moving machines, excavators, cranes, and the like shall not be parked or stored in any residential district. Sec. 921. Reserved, Sec. 922. Offstreet loading requirements, general provisions. The following general requirements, limitations, and standards shall apply to offstreet loading: 922.1. General perfommnce stcuedmds for wd 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 public streets and alleys, minimal interference with normal pedestrian flows or with movement or parking of other 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. 922.2. Application of City of Mani Qides and Standards to location, design, inprouenent, aced 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 Guides and Standards". 922.3. Limitations cn use of required 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. ,Qpecial pemuts required for proposed offstreet loading facilities or for substantial nndification 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.) 165 l (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 requirenaets where rail, marine, or air freight services are directly available; by L$wial Rcception. 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. LIeferral of portions of total required offstreet loading inprovenents; by �*ecial IIKception 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. 922.7. Minta mce and use of areas an ultich offstreet loading improvements are deferred. Areas 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 L'pecial 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. L►anaes ions of stalls or berths, generally. 166 10771 For purposes of these regulations, two (2) sets of minimum dimensions are established for 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. Reduction in stall o',irnmsions by Class 11 Special .Pemdt; limitations 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 pemdt; 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 vehicles being loaders 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. Ilnftr 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. 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. 10771 167 0 924.1. 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. I*ight of boathouses. No boat house shall be erected or altered to exceed a height of fifteen (15) feet. 92d.1.1.2. Location of boathouses and boat slips in relation to established uatenaW or bulkhead lines; adjacent lot lines entering or approaching uatentays; Special lit ion pemri t for faci l i t ies 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. Iorgth and uridth of boathouses; limitations on uaterfront yard, coverage by all accessory buildings in such yards. 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 brut slips accessory to residential uses cn lots exceeding one acre in net area; *ecial Eweption on height, length, and 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 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. Limitations on location and extension of docks and piers in residential districts; limitations cn location and character of vessels docked or nnored. In residential districts, and on portions of property adjoining such districts, no 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 located closer than five (5) feet to such property lines. As an exception to the limitations above, 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. 514.1.3.1.*ecial limitations ommmingnudification of separation requirements in 8}5 district. In connection with extension of docks or piers beyond thirty- five (35) feet into Biscayne Bay, separation of such structures from property 168 10771 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 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. Limitations an facilities and uses related to dockage and moorage of vessels in residential districts. In connection with dockage or moorage of vessels in 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 or lodgings in any canal on which adjacent properties are zoned R-1 or R-2. 924.2-9. Reserved. 924.10. Extensions of docks and piers into uatenurys generally. In all districts, projections of docks or piers, including mooring piles, catwalks, and other appurtenances, into waterways beyond the existing seawall, or mean high water line if no 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. (b) Biscayne Bay: Thirty-five (35) feet. 924.11. Extensions of docks into uatenuxys or canals or Biscayne Bay; ,Qbecial Exceptions. 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. 924. Piers, docks, wharves, dockage, boat houses, and boat slips. 10771 169 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. I*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 wad boat slips in relation to established uatenury or bulkhead lines; adjacent lot lines entering or approaching uatencays; *ecial Ekcept ion penni t for foci 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. IPngth and uddth of boathouses; limitations on uaterfront yard, coverage by all accessory buildings in such yawls. 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 ad boat slips accessory to residential uses on lots exceeding one acre in net area; SIoecial Blrc ticn on height, length, and uadth. 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 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. Lh7d tations on location and extension of docks and piers in residential districts; limitations on location and character of vessels docked or nuored. In residential districts, and on portions of property adjoining such districts, no 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 located closer than five (5) feet to such property lines. As an exception to the limitations above, 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. 170 1l0771 924.1.3.1.*wial limitations concerning modification of separation requirwmts in ,-5 district. In connection with extension of docks or piers beyond 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 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. Lnmitations on facilities and uses related to doclaage and maomge of vessels in residential districts. In connection with dockage or moorage of vessels in 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 or lodgings in any canal on which adjacent properties are zoned R-1 or R-2. 924.2-9. Reserved. 924.10. Extensions of docks and piers into uatenmys generally. In all districts, projections of docks or piers, including mooring piles, catwalks, and other appurtenances, into waterways beyond the existing seawall, or mean high water line if no 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. (b) Biscayne Bay: Thirty-five (35) feet. 924.11. Extensions of docks into uatencays or canals or Biscayne Bay; �*ecial Exceptions. 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. 171 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. Reserved. 925.2. Permits required for signs except those exempted, cpplications. 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. 9W.2.1. Pemrit 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 exerpted fr n permit requirenerrts; other limitations, regulations, and requuirenents remin 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 gtivinno tal 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. 1liztional flags and flags of political subdivisions. Sign permits are not required for display of national flags or flags of political subdivisions. 925.3.3. Lbconative flogs, 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. Synbolic 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 frontage and one (1) for each fifty -foot increment of lot line adjacent to a street. 925.3.5. Address, notice, and directional signs, uazaning 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 vehicles exempted generally; perm 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. Real 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; developrerct signs uhea corhined with construction signs: developnent signs, Class I Ep'ecial Pemait, uhen 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 172 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. 1:bserved. 925.3.10. Ctn ni ty or neighborhood bulletin bowls, hioslhs; Class I ,$wial Penni t required for establishmt, 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. 7§rpw:ary 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&rporary political cwpaign 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: (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. (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. 10771 Is -213 (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 shall 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. Rbrnval. 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, nu, rials, 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. Chrbside delivery receptacles; general approval required, sign pema t for individual delivery receptacles not required, limitations 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. 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. 6ibather 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. 10771 174 925.3.18-20. &serued. 926.3.21. Actiuities related to signs exerpted fran pennit requirernnts. 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, mvVuees, tunings, and the like; vertical axl 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; nag 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 gall signs or flat signs; elearatce above public ualk uzys. Structural wall signs or flat signs shall provide clearance above public walkways as required by the South Florida Building Code, section 4209.5. 926.6. Limitations on unnling and illumination of signs; prohibition against blocking egress, light, or ventilation. 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. Riaril estate signs, construction signs, develognrnt 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. Linitatiots at illuminated 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 10771 175 street, if the flashing element of such sign is directly visible from the residential property involved. (See also section 1107.2.1.) 926.6. Prohibition against revolving or uhirling signs and pennant or streamr signs; exception. 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. Lbidtations 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 placenmt impeding visibility of traffic or pedestrians, or creating other hawi*. 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, "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. Iibserved. 926.10. Iarowl, repair, or replace=t of certain signs; prohibition against repair or replacw mt of certain nonconforming signs ordered rwmed. 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 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. Lhsafe 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. Lbcrepit 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. Ouite signs advertising establish=ts, camvdities, or services no longer on premises. Onsite signs advertising establishments, commodities, or services 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. 10771 176 926.10.4. Offsite signs bearing obsolete advertising tnxtter. 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. 9z.11. Structural manbers of signs required to be concealed or otherwise nnde 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. 1%served. 926.16. Outdoor 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. Lvrutations on sign area, including enbellishnmts; limitations on projections of enbellislnmts. 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. 926.16.2. &serveid.' 926.15.3. Limitations an spacing of outdoor advertising signs in relation to federal - aid prirn ry higktay 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.I 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 (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 in perpetuity. 926.16.4.1. Any sign pemu t issued pursuant to section 926 et serf. shall be subject to revocation, subsequent to a public hearing by the City Cbmassion, should city inspectors find that the subject site is not being rrcuntained according to approved landscrping plans or is being kept .in an unclean or unsightly mmner. 926.16. Limitations an onsite signs above a height above fifty (50) feet above grade. For onsite signs above a height above fifty (50) feet above grade, the following regulations shall apply: I. 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 copsist only of individual letters and/or a graphic logotype. No graphic. embellishments such as borders, or backgrounds shall be permitted.' 10.771 177 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. 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 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. 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. 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). 1®! 71 17B 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. Dwh 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. 93+0.4. 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: 9131.1. Cbndi tuns and safeguards in relation to special pen ni ts. See "Special Permits, Generally" in article 13. 9E31.2. Raquirere'nts 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 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. 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 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. 101771 180 "'4� ? 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 dust 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: 9130.1. Mnb= lot or site dbnansians, rrdnb= 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 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. 9130.2. Lnru tations on outdoor storage, display, or activities. 930.2.1. Storage and display of products sold and equiprent used incidental to nomul 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. 930.2.2. Activities incidental to nomul 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 machines. 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. ?fuck and trailer rental units uhere permitted. 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. Limitations on parking or storage of vehicles. Only vehicles awaiting service, permitted rental vehicles, vehicles used in road service, and vehicles of employees parked white working shall be stored or parked on the premises, except in districts where commercial parking is a permitted accessory use at automotive 10771 hM� 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: 9134.1. Cj=ni ty 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. (xnwtity based residential facilities, procedures. 934.2�1. &gistration 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. 2. The name of the facility operator. 3. The street address of the facility. 4. The type of program to be offered by the facility. 5. The maximum number of persons.who will live at the facility. 6. . The governmental authorization to operate the facility. 934.2.1.1. Official map 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. Special Fhception required. Unless otherwise specifically permitted in residential districts (see Schedule of District Regulations), as licensed by FHRS within specified capacities, all proposed community based residential- facilities are permissible only by Special Exception with City Commission approval subject to the following requirements and limitations. 9134.2.2.1. Location stmadartls. 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 resi-iential' 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 10771 182 Beyond three stalls: one (1) space before each wash stall, two (2) spaces after each stall. (2) Semiautomatic: 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, six (b) 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 I ales 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 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. Sales of other goods pertaining to a national legal holiday (i.e., sparklers for the Fourth of July) shall be conditional by Class I 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. Ikl i stops, uhere pemu t ted. 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;'stwxkv is. 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 107'71 181 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 with wre than fifty occtq mats. 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 parhing. 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. Limitations on signs. Signs shall be limited to a nameplate not exceeding two (2) square feet for each street frontage. 934.3. Corti ficate of use not tr nsferanble; • nev aunership by 4mcial Exception with City Q=d ssion 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. 934.4. Variances prohibited. No variances from the provisions of section 934 are permitted. Sec. 935. Adult daycare centers. 935.1. 1V.>£nimm lot dirrnansions. 935.1.1. Adult dbooare centers for four (4) adults or less in R-1 and R-2 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 nvre in R-1 and R 2 districts; in other districts. Except as provided in 935.2.1, 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. 9135.2. Location of buildings in &l and R•2 districts; in other districts. 107"71 183 0 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. 9M.3. Unbnm area per occupant; other require=ts. 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. 936.4. Offstreet parking requiremts. 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. 935.46. Varimuae prohibited. No variances from the provisions of this section 935 are permitted. Sec. 936. Child day care centers. Child day care centers, if approved by appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations: 936.1. Access if uithin 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. Mn#?= lot dinansians. 936.2.1. Child day care centers for less than ten children in R,1 and &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 rwre 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. %aaticn of buildings in l,1 and R-2 districts. 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. Mcnimm indoor area per child; other requirermats. 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. 936.5. OzIdoor 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. 1-0771 184 936.6. Urnitatiorn 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. 936.7. offstreet parking requirements. 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. 936.f8. Variances 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. 937.3. Lrrnitations on adult entertaiment or adult service establishmnts. 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 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. (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. 937.4. Discontinuance or mat. 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. 937.5. Variances prohibited. No variances from the provisions of section 937 are permitted. Sec.'938. Flea markets. 938.2. Limitations cn fleanrnrkets. Operation of flea markets requires a.Class II 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 10171 185 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. Mserued. 939.2. Lbmdtatiow of ® stor►e facilities. 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 933 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. 10771 186 ARTICLE 10. DESIGN STANDARDS Secs. 1000-1009. Reserved. Sec. 1010. Baywalk/Riverwalk design standards and guidelines. Sec. 1010.1. General principles. Public access waterfront walkways shall: 1. Feel public. No one should feel as if he or she is intruding on private property. The public should feel welcome and at ease to move along the entire length of the bay/river walk. Signage should clearly establish the public's right to use the walkway. 2. Be usable. Young and old, handicapped and joggers, lovers, fishermen, business and men and women, everyone should find the bay/riverwalk usable. Potential conflicts between active and passive users should be prevented through segregation of bay/river walkusezones. (See section 1012.) 3. Provide visual access. The attraction is the water. All landscaping, furniture, lighting guard rails and planters should be subordinated to enhance maximum visibility to the water. Simplicity of design is preferred. The views of adjacent private development should not be obstructed. 4. Enhance visual quality. Parking and service areas must be completely screened from the walkway. Materials, color and forms should complement the natural shoreline environment. 5. Connect to other public areas. Public parks, transit stops, thoroughfares, midblock walkways, shopping areas, and publicly accessible plazas should connect to the bay/river walk. 6. Take advantage of bay/river setting. Where practical, boating and fishing activities should be incorporated into Bay/Riverwalk designs. Elevated viewing areas, historically interpretive markers and signs are desirable. Seca 1010.2. Design standards. The Bay/River Walk shall be a minimum of twenty (20) feet wide overall and shall consist of five distinct zones: an edge zone, a safety buffer zone, a circulation zone, a passive zone, and a transition and security zone. 1010.2.1. F19ge zow. 1. The top of the bulkhead or seawall shall be at a constant elevation for the length of the bay/river walk. It shall be 18 to 30 inches wide at the top. 2. Safety ladders of stainless steel or galvanized steel shall be placed a.maximum of 100 feet apart along the face of the seawall or bulkhead, to allow for climbing out of the water at low tide. 3. The top of the seawall/bulkhead shall be 6 to 8 inches higher than the surface of the baywalk circulation zone. 4. The inside edge of the seawall/bulkhead shall be beveled. 5. The top surface of seawall/bulkhead shall be textured and of a lighter color than the surface of the circulation zone. 1010.2.2. Safety buffer zone. 1. Since railings, walls and/or other barriers are not desirable along', the water -Is edge, bay/river walk users need to be warned when coming close to the water -with a 3 to 5 foot wide safety buffer zone consisting of a rough textured surface that discourages walking. 10 7-71 187 " 2. Paving within the safety buffer zone shall be a type of cobble stone with "river rock", approximately 3/4 to 1 1/2 inches in diameter, set in concrete leaving a relief of 1/4 to 1/2 inches or similar. 1010.2.3. Circulation zone. 1. The bay/river walk circulation zone shall consist of a linear pedestrian walkway or promenade and shall be 8 to 12 feet wide. 2. The walkway may meander along the shoreline; however all offsets in the alignment of the walkway shall not exceed 6 feet and be spaced not less than 50 feet apart. 3. Obstructions to movement (trees, bollards, lighting, etc.) within the circulation zone shall = reduce the clear width of the walkway to less than 8 feet at any point. 4. Variable textures and materials may be used to surface the promenade. 5. The promenade surface shall be at a constant elevation, and shall be accessible to - handicapped persons throughout the entire length of the bay/river walk. 1010.2.4. Passive zone. 1. The area for sitting, accent landscaping and concessions shall be located along the inland side of the bay/river walk, and shall be not less than 4 feet wide. 2. Short lengths of the passive zone may be elevated 18 to 24 inches above the level of the promenade for enhanced bay and river views. 3. All benches shall have back rests, and their placement shall emphasize direct views of the water. 4 Seating surfaces shall be Purple Heart, Western Red Cedar or Redwood. 5. All furniture shall be permanently installed preferably by direct burial in concrete. 6. Appropriate additional. furniture including trash receptacles, overhead canopies or shelters, drinking fountains, etc., shall be confined to the passive zone. 7. The passive zone may be paved in plain concrete or the paver on the main circulation zone. 1010.2.5. 7h=itian aW security zone. 1. To buffer private development from the adjacent bay/river walk a minimum 3 foot wide transition zone shall border the bay/river walk facility. 2. This visual and functional transition from public to private space shall generally be marked by low level shrubbery and overhead shade or ornamental trees. 3. Security to limit public access to private property may be provided by fences, grade changes or retaining walls. All screens and walls shall be landscaped to reduce their visual impact on the walkway. 4. For adjacent developments that serve the public (i.e., restaurants, shops, hotels, entertainment, etc.) provision of wide, visible and easy pedestrian access to the bay/river walk shall be assured. 5. In general, landscaping and security barriers shall not visu'dlly screen the bay/river walk from adjacent active uses, such as retail restaurants, or entertainment. Sec. 1010.3. Standards and guidelines for design elements. 1010.3.1. Landsc gping. 1. Shade trees shall be confined to the inland edge of the passive zone. 2. Palms may be used.along either edge of the bay/river walk, but Coconut Palms or Sabal Palms are particularly appropriate for the water's.edge. I.0771 ' 18$� 3. Raised planters, if used, shall be confined to the passive zone, and all planter walls shall double as sitting walls, 15 to 30 inches in height. 4. Plant material shall be primarily native salt -tolerant species. 1010.3.2. Lighting. 1. Lighting at the water's edge shall be confined to 8-inch diameter bollards, which shall be 24 to 30 inches high and spaced approximately 20 feet on center. 2. Bollards shall be 100 Watt MV with down illumination not extending beyond the bulkhead line. 3. Overhead lighting shall be confined to the passive zone and consist of down lighting with lamps not over 14 feet high, 175 watt MV, and spaced approximately 50 feet on center. 4. Up lighting of landscaping, particularly shade trees, shall be confined to the passive zone and transition zone. 5. Mercury vapor, metal halide lamps or similar "white" light luminaires shall be used. 6. Colored lighting, except for private signs, shall not be used. 7. Simple contemporary fixture design shall be used as opposed to highly stylized, vintage or period designs. 1010.3.3. Si~. 1. All public access bay/river walks shall be marked with the standard "Public Shore" sign. 2. All major public access points, including park walkways, roadways, dedicated midblock walks and public plazas, shall be marked with "Public Shore" signs. 3. Adjacent accessible publicly oriented private development, such as cafes or shops, shall identify the use with signage in the transition zone. 4. Uniformly designed historic or environmental markers and descriptive plaques shall be placed in the passive zone. 5. Signage shall identify access points and adjacent activities, (cafes, shops, etc.) for boaters. Secs. 1011-1019. Reserved. Sec. 1020. Urban plaza design standards and guidelines. The following design standards and guidelines shall apply to Urban Plazas where required by applicable zoning district regulations or where necessary to meet requirements for a floor area ratio bonus. Sec. 1020.1. Review and approved process. 1020.1.1. asign catcept. Preliminary approval of the design concept shall be obtained from the Planning, Building and Zoning Department and, where applicable, by the Urban Development Review Board. The minimum information to be submitted for such approval shall include: 1. Site plan no less than 1 inch to 20 feet in scale, showing all proposed plaza improvements and including grade elevations and dimensions. 2. Elevation drawings of ground floor perimeter walls. 3. Elevation drawings of any proposed shelters, kiosks, fountains, or similar features. 4. List of proposed plant materials, keyed to site plan. 771 189 5. Tabulation of required and provided Urban Plaza standards including total area, area within 3.5 feet of adjacent sidewalk grade, area of unobstructed pedestrian movement (not obstructed by permanent structures, water, cafes, planting beds, etc.), number of shade trees, linear seating dimensions, etc. 6. Samples of major paving and finish materials. 1020.1.2. Final design. The Planning, Building and Zoning Department shall review and approve final construction drawings for all urban plaza improvements as well as specifications for street furniture, signs, etc., to assure compliance with these design standards and guidelines and compatibility with the surrounding area. Sec. 1020.2. Dimensions; accessibility. 1. Urban Plaza space shall be no more than 3.5 feet different in elevation from the adjoining public sidewalk for at least 70% of its total area. The remaining 30% of the total area may step up to meet minimum flood zone criteria for the ground floor elevation of buildings. 2. Urban plaza space shall be open and unobstructed to the public sidewalk for at least 30 lineal feet or 50% of its total length of frontage, whichever is greater. Steps shall not be considered as obstructions provided that a ratio of tread to riser no less than 2:1 is maintained. Along the remaining length of frontage, in order to allow maximum visibility from the street to the urban plaza, no wall may be constructed averaging higher than 36 inches above nor at any point higher than 5 feet above sidewalk level of the nearest adjoining street. 3. Urban.Plaza space shall have a minimum dimension of 20 feet. 4. Urban Plaza space shall be accessible to the handicapped. Sec. 1020.3. Activity. 1. Urban Plaza space shall contain at least one activity generating feature, including but not limited to a large fountain with seating along the edges; outdoor cafe; amphitheater or stage for outdoor performances; ground floor retail shops with direct access to the plaza; open pavilions for vendors; kinetic sculpture. 2. Urban Plaza space may contain unenclosed roofed shelters, fabric roofs or windbreaks, trellises, exhibit and display stands and cases, community bulletin boards, kiosks, open air cafes, and vending pavilions. Such items shall be exempted from limitations on occupancy of yard areas, parking requirements, and floor area ratio calculations. Such shelters, structures, and facilities may not exceed 40% of the Urban Plaza area. 3. Urban Plaza space shall have at least 60% of - its total surface area designed for pedestrian access. This may include pavement, grass, or general seating space, but not including open air cafes, planting beds or other obstructions. 4. Where an open air cafe is provided it shall be a permanently unenclosed eating or drinking place, permitted by applicable district regulations, which may have waiter or table service, and is open to the sky except that it may have a trellis or temporary fabric roof. An open air cafe must be accessible from all sides where there is a boundary with the remainder of the Urban Plaza. An open air cafe may occupy an*aggregate area not more than 20 percent of all total area of the Urban Plaza. No kitchen equipment shail.be.installed within an open air cafe. Kitchen equipment may be contained in a pavilion adjoining the open air cafe. 5. Where a vending pavilion is provided, it shall be a one story structure, predominantly of light materials, such as metal, glass, plastic, or fabric, which including roofed areas, does not exceed 150 square feet in area. Sec. 1020.4. Trees and plantings. 1. Shade trees shall be provided as follows: One per 500 square feet for plazas for up to 2,000 square feet of required plaza area; one per $00 square feet for plazas up to 6,000 square feet in required area; and one per 1,000 square feet for plazas exceeding 6,000 square feet in required area. 190 IL0771 2. Required trees shall be no less than 14 feet in overall height, 10 feet in spread and 3 inches in caliper at the time of planting. Each tree shall be planted im a minimum of 200 cubic feet of prepared planting soil with a depth of at least 5 feet. Irrigation shall be provided in a pop-up unit or subterranean leaky pipe. Perforated aluminum root guards, 48-60 inches in diameter are recommended. 3. Required trees shall be of a native species or acceptable hardwood varieties. 4. Trees planted in pedestrian access areas shall be maintained with a minimum of 6 feet 5 inches of clear trunk, and shall have tree grates or permeable pavement to allow flow of air and water to the root system. S. The above shall be construed as minimum standards for shade trees. In addition, Urban Plazas shall include an appropriate selection of palms, flowering trees, shrubs, and ground covers. Sec. 1020.5. Seating. There shall be a minimum of one linear foot of seating for each 30 square feet of Urban Plaza area. Not more than 50 percent of the credited linear seating capacity may be in movable seats which may be stored between the hours of 7 PM and 7 AM. Qualifications of seating shall be in accordance with the following standards: 1. Seating shall have a minimum depth of 16 inches. Seating with backs at least 12 inches high shall have a minimum, depth of 14 inches. Seating 30 inches or more in depth shall count double provided there is access to both sides. 2. Seating higher than 36 inches and lower than 12 inches above the level of the adjacent walking surface shall not count toward meeting the seating requirements. 3. The tops of walls, including but not limited to those which bound planting beds, fountains and pools may be counted as seating when they conform to the dimensional standards in subparagraphs (1) and (2) above. 4. Movable seating or chairs, excluding seating for the exclusive use of open air cafes may be credited as 30 inches of linear seating per chair. 5. Steps, seats in outdoor amphitheaters and seating of open air cafes do not count toward the seating requirements. 6. Shade shall be provided for at least 50-% of the required seating. 7. For the benefit of handicapped persons, a minimum of 5 percent of the required seating shall have backs. 8. For the benefit of non-smokers, a minimum of 50% of the seating shall be reserved for non-smokers. Sec. 1020.6. Lighting and electrical power. 1. Urban Plazas shall be illuminated throughout with an overall minimum average level of illumination of not less than two horizontal foot candles (lumens per foot). 2. Electrical power shall, be supplied by one or more outlets furnishing a total of 1,200 watts of power for every 4,000 square feet, or fraction thereof, of an Urban Plaza. Sec. 1020.7. Prohibition of driveways, parking spaces, loading berths, exhaust vents and building trash storage facilities. 1. No parking spaces, passenger dropoffs, driveways or loading berths are permitted as part of an Urban Plaza, and except in exceptional circumstances, no such vehicular facility shall bisect an Urban Plaza. 2. No building.trash storage facilities are permitted on any Urban Plaza. 3. No exhaust vents are permitted on any Urban Plaza .or on the building wall of the development fronting upon the Urban Plaza where such vents on :the building wall are more than 8 feet 6 inches above the level of the Urban Plaza. 10771 191 Sac. 1021. Design standards and guidelines for the Southeast Overtown/Park West Redevelopment Project. The "Design Standards and Guidelines for the Southeast Overtown/Park West Redevelopment Project", are incorporated herein by reference. Sec. 1022. Primary pedestrian pathway design standards and guidelines. Sec. 1022.1. Intent. Within existing retail districts and in areas where retail expansion is proposed for the future, the ground floor space in buildings shall be designed to accommodate retail shops and other uses that promote an active pedestrian sidewalk environment. Sec. 1022.2. Regulations. No building permit shall be issued on lots abutting any street or waterfront shown as a "primary pedestrian pathway" in the zoning atlas or listed as such within a particular Special Districts (SDs), except in accord with the following design standards. Compliance with these standards shall be determined by Class 11 Special Permit. 1. A minimum of sixty-five percent (651%) of the linear frontage of any lot abutting a designated "primary pedestrian pathway" shall contain ground floor space designed to accommodate retail and other uses that promote pedestrian traffic. The design of such space shall meet the standards listed below. A variation may be authorized for buildings that are intended primarily for residential use, where ground floor pedestrian oriented uses would be inappropriate or disruptive to the residential use. a. All ground level space designed for pedestrian oriented uses shall have external entrances directly accessible from public sidewalk space. b. For the first ten (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. C. The interior floor elevation shall be no more than six (6) inches above the adjacent 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 floodproofed in accord with Federal Emergency Management Agency (FEMA) standards, in order to permit habitable floor space no more than six (6) 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 be no more than forty-two (42) inches above the adjacent public sidewalk elevation, and floodproofing shall be utilized to minimize the elevation differential between the ground floor elevation and the adjacent public sidewalk. Outdoor cafes, outdoor sale of merchandise, or retail display 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. 2. The remaining frontage (thirty-five percent) may be dedicated .to entrances, lobbies, driveways, or non -pedestrian oriented uses, subject to the following: a. Vehicular access and loading areas shall not be permitted along primary pedestrian pathways where access is available from other streets. b. 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). 10771 192 i C. Parking, loading, and service areas shall be enclosed within buildings or screened from public view with decorative walls and/or landscaping. Unenclosed parking or loading areas adjacent to a primary pedestrian pathway shall only be permissible as a temporary use, with time limits and conditions for renewal (if allowable) specified. 3. The ground floor of buildings shall be set back from the property line where necessary to provide a minimum sidewalk width of twenty (20) feet from face of building to curb line (additional width may be required in areas having high volumes of pedestrians). Unless otherwise prohibited by yard and setback areas applicable to the zoning district, the upper floors of buildings may overhang this setback area. A variation to this ground floor setback requirement. may be authorized where a proposed building would have less than 200 linear feet of continuous frontage on a primary pedestrian pathway and existing adjacent buildings would prevent a consistent setback along at least one half of the block. The setback.area shall be improved to meet adopted design standards for the adjacent public sidewalk including pavers, landscaping, street lighting fixtures and awnings. 4. Overhead or underground pedestrian connections shall permitted to cross "primary 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 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. 5. Minimum open space required for all ground floor nonresidential uses shall be provided at ground level and shall be accessible to the public from the primary pedestrian pathway during business hours, and shall be located, designed, improved and safeguarded to provide attractive, convenient and secure areas for outdoor exhibits, displays and sales, and other outdoor activities appropriate to permitted ground floor uses. To these ends, all open space provided along primary pedestrian pathways shall be appropriately landscaped and furnished for active and passive pedestrian enjoyment, comfort and convenience. Sec. 1023. Design standards for open space and residential recreation space. Sec. 1023.1. Intent. Within certain Special Districts (SDs) where high intensity development is permitted with minimal yard and setback requirements, there is a' need to provide open space for the use and enjoyment of the general public within nonresidential development, and to provide recreation space for the use and enjoyment of persons living within a residential development. These design standards for open space and residential recreation space are intended to ensure that such space is appropriately located, designed, and maintained to be accessible, usable, attractive,.and safe. Alternative types of open space and residential recreation space are permitted 'in order to promote a variety of spaces, 'and to provide sufficient flexibility for all developments to meet the minimum requirements for open space and/or residential recreation space within the applicable zoning district. Sec. 1023.2. Design standards for open space. 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 spacer 1023.2.1. Urban plaza.. Urban plazas shall conform to section 1020 and in addition, urban plazas shall be open and unobstructed to the sky and shall .be accessible to the public at all times. Generally, urban plazas shall not exceed twenty-five (25) percent of the lineal frontage of the lot on any public street. M.2.2. 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 twenty square feet of garden area, and. contain at least one special feature such as a fountain or artwork. 10771 193 1023.2.3. Atriun 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 (30) feet, contain appropriate plant materials, provide at least one seat for every fifty (50) square feet of atrium, and contain at least one special feature such as a fountain or art work. 1023.2.4. 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. 1023.2.5. Mventalk anad baym1h. Riverwalks and baywalks shall conform to the to the design standards and guidelines in section 1010. Sec. 1023.3. Design standards for residential recreation space. 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: 1023.3.1. 8zlooaies, terraces, aW 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. 1023.3.2. Outdoor can= reereatien space. Outdoor common recreation space shall be accessible to all residents of a building and shall be improved with landscaping, lighting, seating, swimming 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 around the per 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. 1023.3.3. Indoor ean= 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. 1024. Offstreet parking guides and standards. The following Guides and Standards shall apply to offstreet. parking required by the City of Miami Zoning Ordinance, or as otherwise provided. For general performance standards concerning offstreet parking facilities, refer to section 917 of the Zoning Text. Offstreet parking shall be designed, constructed and maintained to provide safe, convenient vehicle parking and pedestrian movement to and.from parked vehicles. Design and .construction of all required and/or provided parking stalls, access aisles, driveways, paving, curbing, wheel stops, drainage, and marking shall further be in accordance with City of Miami, Department .of Public Works, Engineering Standards for Design and Construction. Sec. 1024.1. Site plan review and approval. A site plan shall be submitted to the Planning, Building and Zoning Department which clearly and accurately indicates the existing and proposed parking spaces, access aisles, driveways, sprinklers or water outlets, the location, size and description of all landscape materials, and the relationship of the parking and landscaped 'areas to the uses and/or structures that the offstreet parking facilities or lots are intended to serve. I()17°71 194 No such plans shall be approved by the Planning, Building and Zoning Department unless it is determined that the layout of the facilities or lot, including landscaping, will provide for reasonable protection against undesirable effects with respect to contiguous property. It shall also be determined that the landscaping will preserve and improve the appearance and character of the surrounding neighborhood, through the screening effects and aesthetic qualities of such landscaping. Sec. 1024.2. Length and width of stalls. Where the side of any stall abuts a wall, fence, building, or other physical obstruction, the stall widths provided herein shall be increased by one (1) foot. Where there is an obstruction on both sides of the stall, the widths provided herein shall be increased two (2) feet. Standard stalls shall be a minimum of eight and one-half (8 1/2) feet in width and eighteen (18) feet in length. Where an interlocking module arrangement is used for angle parking, the opposing vehicles shall have front bumpers abutting one another. The front bumper of an opposing vehicle shall not abut the fender of the other vehicle. Sec. 1024.3. Parking stalls required for physically handicapped drivers. Parking stalls required for physically handicapped drivers shall be provided'as required by the South Florida Building Code. 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. All such stalls reserved for physically handicapped drivers shall clearly be designated with appropriate signage. Stalls shall be located as close as possible to ramps, walkways, entrances and elevators. Where feasible, such parking stalls shall be so located that physically handicapped drivers are not compelled to walk or wheel across main traffic lanes and/or behind parked cars to reach ramps, walkways, entrances and elevators. Sec. 1024.4. Access aisles. Access aisles between rows of stalls shall have minimum widths, free of any obstructions, as indicated in the following table. Width of Aisle; Width of Aisle; Width of Aisle; Angle of Parkina One -Way Double Traffic Loaded Two -Way Double Loaded Traffic One -Way Sinale Traffic Loaded 900 23.0 feet 23.0 feet 23.0 feet 600 11.8 feet 19.3 feet 12.7 feet 450 9.5 feet 18.5 feet 10.8 feet Parallel 10.0 feet 20.0 feet 10.0 feet Sec. 1024.5. Width, location, and slope of driveways. Driveways leading to .parking areas shall have no less than ten (10) feet of paved width. For any parking area providing ten (10) or more parking stalls, a one-way driveway shall have no less than ten (10) feet of paved width and a two-way driveway shall have no less than twenty (20) feet of paved width. No door or pedestri.an entrance at ground level shall open directly upon any parking stall, driveway or access aisle unless the doorway or pedestrian entrance is at least three (3) feet from said stall, driveway or access aisle. Ingress and' egress driveways leading to parking areas shall be located so as to provide maximum length for waiting vehicles. , Combined ingress -egress driveways shall be located at or near, the middle of the block. Where ingress and egress driveways are separated, the ingress driveway shall be located as far up in the block as is practical and the egress driveway shall be located as far down in the block as is practical. �yy 195 Where the vehicular egress from an offstreet parking facility to a public street or alley is a ramp sloping upward to meet the street or alley grade, the slope shall not exceed one (1) in twenty (20) for the last twenty (20) feet to the base building line, as in accordance with the South Florida Building Code. Where the vehicular egress from an offstreet parking facility to a public street or alley is a ramp sloping downward to meet the street or alley grade, the slope shall not exceed one (1) in ten (10) for the last twenty (20) feet to the base building line, as in accordance with the South Florida Building Code. Where a driveway crosses the base building line, such driveway shall be a minimum of five (5) feet from any side property line. Sec. 1024.6. Vertical clearance. All required and/or provided offstreet parking facilities shall have a minimum vertical clearance of seven (7) feet. Where such a facility is to be used by trucks and/or buses, the minimum vertical clearance shall be fifteen (15) feet. Vertical clearance shall be clearly marked on overhead structures having less than sixteen (16) feet of clearance. (Refer to section 923 of the Zoning Text.) Sec. 1024.7. Ingress vehicular control devices. Parking ticket dispensers and other ingress vehicular control devices that require a vehicle to stop prior to entering a parking facility, shall be so located as to provide a minimum approach driveway of twenty (20) feet in length between the base building line and the ticket dispenser. Additional driveway length shall be provided where waiting vehicles would otherwise _infringe on any public street, alley, or sidewalk. Sec. 1024.8. Pavement. All required and/or provided offstreet parking facilities shall be properly paved with an approved continuous pavement except where otherwise provided herein. Single-family and two-family detached or semidetached dwellings may utilize portland cement concrete ribbons in place of continuous pavement. Environmentally or historically significant sites may utilize non -continuous, permeable pavement in place of continuous pavement. Sec. 1024.9. Drainage. Drainage shall be provided to all required and/or provided offstreet parking facilities so as not to cause any nuisance or damage to adjacent property. The provision of such drainage shall be in accordance with the South Florida Building Code. Sec. 1024.10. Lighting. Adequate lighting shall be provided if the required and/or provided offstreet parking facilities are to be used at night. All lighting shall be designed and arranged so as to prevent glare or excessive light on -adjacent property. Such lighting design and arrangement shall be in accordance with Article VI of the Miami Code. Sec. 1024.11. Marking. Each parking stall shall be marked with painted or thermoplastic white double lines between spaces. Width of such lines shall be four (4) inches. Each.parking stall shall be provided with a wheel stop or raised continuous curbing serving as a wheel stop. The back of the curb or wheel stop shall be located two (2) feet from the end of each stall. Signs or arrows marked by a permanent, durable, contrasting material shall indicate the directions of traffic movements. Sec. 1024.12. Landscaping. 196�'. All required and/or provided surface offstreet parking facilities and parking lots shall be landscaped in accordance with the following standards: The landscaping shall include lawn, shrubs, hedges, trees, or other acceptable materials that may be used as visual amenities. All landscaped areas shall be planted with grass or an approved ground cover or material. In instances where substantial or meaningful plant material exists on a site prior to its development, such landscape material may be used if approved by the Planning, Building and Zoning Department as meeting the requirements of these landscaping Guides and Standards for offstreet parking facilities.and parking lots. 1024.12.1. Ic»adsccpe material. All required landscape materials shall be graded "Florida No. 1," or better, as defined in "Grades and Standards for Nursery Plants," Part I and II, by the State of Florida Department of Agriculture. Trees shall be a minimum of ten (10) feet in overall height upon planting. All required trees shall be of an approved shade tree variety which shall attain a minimum mature crown spread greater than fifteen (15) feet. Such trees shall have a clear trunk of at least five (5) feet above finished grade level. Shrubs and hedges shall be a minimum of two and one-half (2-1/2) feet in height upon planting. Hedge material shall be planted a maximum of two and one-half (2-1/2) feet on center and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting. 1024.12.2. Periphery landscaped areas. A landscaped area that is a minimum of five (5) feet in width shall border all periphery parking areas when said parking area is located along any street or is adjacent to any required and/or provided front yard area. The area shall be landscaped with trees no greater than fifty (50) feet on center with a minimum of two (2) trees for each street frontage, and continuous hedge in the planting area. A landscaped area a minimum of three (3) feet in width shall be provided when parking stalls, access aisles, or driveways are located along any side or rear lot line. The landscaped areas shall be planted with a continuous hedge, and with trees no greater than fifty (50) feet on center, when the landscaped area does not abut a parking row. In certain instances, a solid and continuous masonry wall, a minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such a way as to provide a decorative effect if approved, may be used in a lieu of the landscaped area. Each landscaped area containing trees shall have a minimum area of fifty (50) square feet and trees shall be planted in an approved soil mix. All parking stalls, access aisles and driveways in a residential area shall be separated from any building by a minimum of twenty (20) inches and landscaped with shrubbery and grass, ground -cover, or other suitable material. No periphery landscaped area or decorative wall shall be required where parking abuts an interior lot line in a commercial or industrial area (except where parking abuts mixed uses), or is adjacent to a dedicated alley. Where the placement of buildings causes parking in any commercial or industrial district to be located so as not to be readily visible from a public street, the Planning, Building and Zoning Department may waive the landscaping required for that portion of the parking area that is not readily visible from the street. 1024.12.3. - Interior landscaped areas. The total area of all interior landscaped areas shall not be less than ten (10) square feet for each parking space provided on the site. A landscaped area with a tree shall be required at the end of all parking rows abutting an aisle or building. Each landscaped area containing trees shall have a minimum area of fifty (50) square feet and a minimum width of five (5) feet. For each row of parking there shall be a minimum of two (2) landscaped areas with trees within the first ninety (90) linear feet, and one (1) landscaped area with a tree for each additional ninety-(90) linear feet. For each row of parallel parking there shall be a minimum of two (2) landscaped areas with trees within the first seventy-five (75) linear feet, and one (1) landscaped area with a tree for each additional seventy-five (75) linear feet. The landscaped areas shall be equally spaced wherever possible. 197 110171,71 For each row of valet or attendant. parking there shall be a minimum of one (1) landscaped area with a tree within each ninety (90) linear feet. The landscaped area shall be equally spaced wherever possible. Where a parking row abuts a building, a cluster palm may be substituted for the required tree or single palms may be substituted on a three (3) palm to one (1) tree basis. Sec. 1025. Landscaping guides and standards. Unless otherwise specified in the City of Miami Zoning Ordinance, the following guides and standards shall apply to all ground level, permeable open space and deck areas, plazas, and roof areas used as open space as required by the City of Miami Zoning Ordinance, or as otherwise provided. Sec. 1025.1. Ground level, permeable open space. All ground level, permeable open space shall contain a minimum of one (1) shade or flowering tree on the average of every fifty (50) feet on center along the width or length of such open space or for each one thousand (1,000) square feet of such open space provided, whichever requires the greatest number of trees. In addition to trees, all ground level permeable open space shall be appropriately landscaped with shrubs, hedges, ground covers, or other acceptable materials that may be used as visual amenities. In particular, landscape materials shall be utilized to screen parking or other vehicle use areas, trash or garbage collection areas, utility areas or yards, or storage areas or yards. A solid and continuous masonry wall, a minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such a way as to provide a decorative effect may be utilized, if approved, as screening. Sec. 1025.2. Deck areas, plazas, and roof areas. Deck areas, plazas and roof areas of underground structures, not exceeding three and one half (3-1/2) feet above ground level, shall be landscaped with a minimum of one (1) shade tree or flowering tree for each one thousand (1,000) square feet of area. The trees shall be planted in planting wells containing a proper soil mix that are a minimum of twenty-five (25) square feet in area, with a minimum dimension of five (5) feet, and that penetrate the deck, plaza or roof area, to the ground. Additional landscaping such as, but not limited to, shrubs, hedges, and ground cover shall be provided in the minimum amount of seventy-five (75) square feet of landscaped area for each one thousand (1,000) square feet of deck, plaza, or roof area. Deck areas, plazas and roof areas exceeding a height of three and one-half (3-1/2) feet above ground level, when used for required open space shall be landscaped with a minimum of one (1) tree for each one thousand (1,000) square feet of such open space. The trees shall be in a planting area of a least fifty (50) square feet in area, with a minimum dimension of five (5) feet. Additional landscaping such as, but not limited to, shrubs, hedges, and ground cover, shall be provided in the minimum amount of one hundred and fifty (150) square feet of landscaped area for each one thousand (1,000) square feet of open space. Where a deck area, plaza, or roof area is used for offstreet parking, that portion used for parking shall be landscaped in accordance with Offstreet Parking Guides and Standards. Sec. 1025,3.-.Landscape material. All required landscape materials shall be graded "Florida No. 111, or better, as defined in Grades and Standards for Nursery Plants, Part I and II, by the State of Florida Department of Agriculture. Trees shall be a minimum of ten (10) feet in overall height upon planting. All required trees shall be of an approved variety as set forth on an "approved tree list" on file in the Planning, Building and Zoning Department. Trees planted at ground level, above ground level, or in planting wells that extend to the ground shall be of a approved shade or flowering variety which shall attain a minimum mature crown spread greater than fifteen (15) feet. Such trees shall have a clear trunk of at least five (5) feet above finished ground level. 198 10771 Shrubs and hedges shall be a minimum of two and one-half (2-1/2) feet in height upon planting. Hedge material shall be planted a maximum of two and one-half (2-1/2) feet on center, and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting. Sec. 1026. Guidelines for requirements of irrigation or sprinkler system for landscaped areas according to City of Miami Off -Street Parking Guides and Standards. Landscaped areas in connection with parking areas shall be equipped with an irrigation or sprinkler system as follows: Irrigation system - Hose bibs, connected to an approved water supply, serving a landscaped area for a parking area of five (5) or less parking spaces. Other approved irrigation system for five (5) or less spaces. Sprinkler System - Will be required for provided landscaped area for parking area of six (6) or more parking spaces. A sprinkler system is defined as an underground network of pipes with surface sprinkler heads to adequately cover the entire landscaped area. Landscaped areas provided pursuant to this section, and as a part of a multiple family, office, commercial and/or industrial use, shall be equipped with an irrigation or sprinkler system serving each of the landscaped areas. Sec. 1027. Interim parking lots during construction; purpose; Class I Special Permit required; provision for extension. Interim parking lots used during construction shall be permitted by Class I Special Permit and shall be subject to the following procedures and standards. Class I Special Permit approval shall be for a period of six months from date of approval or until completion of construction, whichever comes first. An extension of up to one (1) additional six month -period may be granted by the Department of Planning, Building and Zoning in instances where construction is delayed for factors beyond the control of the developer. Sec. 1027.1. Procedure. When applying for permits to use lots for interim parking during construction, applicants shall present to the Department of Planning, Building and Zoning materials, including a statement from the Department of Off -Street Parking approving the request as being reasonable and in accordance with the City's Off -Street Parking program; together with other pertinent materials including but not limited to the following: 1. Site plan at an appropriate scale showing provisions for ingress and egress of traffic, off-street parking spaces, raised concrete wheel stops and perimeter fencing. 2. Plans show storm drainage and perimeter landscaping. 3. Proposed parking lot sign layout (and lighting if provided). Sec. 1027.2. Standards. The following standards would substitute for standard City requirements (except as noted): 1. The lot shall be brought to level, surfaced with a sand sealer over a six (6) inch lime rock base and properly striped to demarcate parking spaces. All parking spaces shall be marked with double lines between spaces. Convenient access to parking spaces required that the width of access aisles be increased when the vehicular approaches to the parking spaces are not perpendicular to the spaces and direct turning movements are not possible when entering the parking spaces. Vehicles shall not back out onto any street or thoroughfare. 2: Surface storm. water shall not drain to adjacent property or public right-of-way... For every one thousand (1,000) square feet of surface parking area, there shall be two (2) twenty-four (24) inch diameter round auger holes drilled to a depth of two (2) feet below ground water and filled with .rough, washed, ballast rock, brought to within six (6) inches of an auger hole inlet casting. 199 3. Whenever parking spaces are adjacent to a building or a perimeter post, raised concrete wheel stops, anchored, three (3) feet from the end of each parking space shall be provided. 4. There shall be a thirty (30) inch wide landscaped area bordering the surfaced area along any property line contiguous to any street, alley or open space. The area shall be .. planted with a single row of dense hedge, thirty (30) inches high upon planting, thirty (30) inches on center maximum, and maintained at a height of thirty (30) inches. The area shall be further landscaped with grass, ground cover, or suitable material, and cannot be included in the parking calculation. 5. landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance. 6. No interior landscaping is required. 7. Water for irrigation shall be readily available within 100 feet of all landscaped areas. 8. There shall be a continuous post -and -metal chain system along any property line contiguous to any street, alley, yard area or vacant property and inside any landscaped area. Posts shall be two and one-half (2 1/2) inch diameter round galvanized steel or six (6) inch square concrete, with chain. Eight (8) inch diameter round wood posts, six (6) feet on center, can substitute for the perimeter post -and -chain system. Posts shall be at least thirty (30) inches high from the ground. Entrance/exists shall be chained and locked between dusk and dawn unless the minimum lighting standards as set forth in the Code are met. 9. Proposed parking lot sign size and layout shall be submitted by the applicant. 200 �077.1 ARTICLE 11. NONCONFORMITIES. Sec. 1101. Intent; general definition. 1101.1. Abnconfomd ties created by ordinance adoption or anmdrent. 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.• Abnconfomd ties created by public taking or court offer. 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 concerning nonconfomdties 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. Abncoan fomd ng uses specifically declared to be inca pat i bl a wi th pemd t ted 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. 1101.5. &served. 1101.6. Lawful actions initiated prior to adoption or anmdmt of ordinance and cwpleted udthin any time limits established to be construed as establishing nonconfomning status. Where building permits'or certificates of occupancy have been issued under a previous ordinance, or prior to amendment of this ordinance, and construction has not been completed or occupancy actually begun, any building or structure completed or occupancy established under the conditions and time limitations set forth at section 1105 shall be construed to .have nonconforming status to the extent that it was lawful under prior regulations. 1101.7. *mial pemd t uses not • to be deemd ncnconfom ing. 201 10771 Any use in lawful existence at the time of passage or amendment of this zoning ordinance which would thereafter, but not before, require a special permit under its terms shall without further action be deemed a conforming use; but any enlargement or replacement of such use, in buildings,.or•on land, -.shall require a special permit as though it were a new use. Sec. 1102. Nonconforming lots. 1102.1. Use of nonconfomung lots. Lots becoming nonconforming by passage of this ordinance are considered legal building sites. All buildings proposed for such sites must meet all requirements and limitations of the zoning district in which they are located and will only be approved by Special Exception. Buildings may be erected, expanded, or altered in any platted lot made nonconforming by passage of this ordinance, regardless of district requirements for lot area and/or width, but in accord with all other requirements and limitations provided that such use is otherwise permitted in the 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. B?largenent, extension, alteration, replacerent, 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. Extension of use in building mmifestly 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. 1lbnconfoffnung use outside buildings; *ecial Exception for mxwn nt. 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. Lh7d taiions on location, orientation, spacing, height, type and enbellishnents of outdoor advertising signs in relation to limited access higivays and expresaaVs. 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. V071 It 202 1104.4.1. Ab outdoor advertising sign uhich faces any such linited access highuxty to a greater degree than permitted in 926.16.2 shall be erected, constructed, altered, maintained, replaced or relocated urithin six hundred sixty (660) feet of any such higivays, including expressxVs, easterly of 1-95. 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 conducted by 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. 1204.5. Reserved. 1104.6. Discontinuance. 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. 107/1 203 1104.7. &bdivision or structural additions. 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. Destruction 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 Exception for replacenmt or reconstruction of destroyed structures containing nonconforming 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 Anse; 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. Sec. 1106. Nonconforming structures. 1106.1. Structural change, extension, or expansion. 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. 1106.2. Dxn7ge. 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 10771 204 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. Moving. 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. ChaWs in nonaamfonning characteristics 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. Fien=1 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. 1107.2.2. Pbrnval 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 10771 force and effect as though Ordinance No. 9500, as amended, had not been repealed. Sec. 1108. Repairs and maintenance. 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, wiring, or plumbing to an extent involving up to twenty (20) percent of the gross square footage of the building or structure (or of the portion of a building or structure if a nonconforming portion is involved). Sec. 1109. Unsafe nonconforming structures. If a nonconforming building or structure, or nonconforming portion of a building or structure, or any building or structure containing 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. Sec. 1110. 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. Sec. 1112. Required termination of nonconforming uses in structures or buildings. In all districts, all nonconforming uses of buildings or any parts of buildings shall be terminated or made to conform with the regulations of the district in which the building i.s located within twenty (20) years from the date of adoption of this ordinance unless otherwise specified in this ordinance. Sec. 1113. Variances prohibited. No variances from the provisions of this article are permitted, except as provided in section 706.2. 10711 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 5, 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. Under this zoning ordinance, the Planning Advisory Board shall have only the following duties: (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; 10771 207 (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 -of: (1) 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; (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. 208 10771 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. Classes* of special permits, their intent, and the agent, agency, or body responsible for each, and referrals are as follows: 1301.1. Glass I *ecial Pemd tg; intent; axlninistered by Zoning Mninistrator; mmdatory 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 Mninistrator. 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 section 1402. (See article 14.) 1301.2. Class II LQpecial Permits; intent; detemunations by Director of EtWftrn?nt of Planning, &ilding 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.) 1301.3. Special Exceptions. 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, 10771 209 A 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. AVor use special pemu ts; intent; detemrinaticns by Ci ty Qmdssicn; 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. 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. Where applications for special permits indicate that actions proposed therein, or the 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. 1393.1. Action to be taWnudthin ti»w 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. Sec. 1304. Applications for special permits, generally. 1304.1. Applications for special permits; When filed, uhomry file. 10'771 210 Except when specifically set 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 receipt, fee collection, processing, 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 a property, applications may be filed only by the property owner, its formally designated agent, or a lessee with formal and legally sufficient consent of the property owner, and applications may be made only for special permits specifically authorized and/or required by this zoning ordinance generally, or for the district involved. 1304.2. 6pplication forms; supplery tary mzterials. Applications for special permits shall be made on forms provided for the purpose and shall be accompanied by such plans, reports, or other information, exhibits, or documents as may be reasonably required to make the necessary findings in the case. 1304.2.1. Ipplication foms; nnterials that »uy be required. Where applicable to the activity or development for which special permit is requested and where necessary to decision on the application for special permit, any of the following items may be required: (a)' 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 streets, schools, existing utilities,' shopping areas, important physical features in and adjoining the project or 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: (1) Boundaries of the project, any existing streets, buildings, watercourses, easements, and section lines; (2) Exact location 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) Offstreet parking and offstreet loading areas; (5) Recreation facilities locations; (6) All screens and buffers; (7) Refuse collection areas; and (8) Access to utilities and -points of utilities hookups. (e) Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to: (1) The various permitted uses; and (2) Ground coverage by structures. (f) Tabulation showing: 10771 211 (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. Application forms; corpletion 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 forms; stpplenmtary materials. 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 matter's 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. 1306.1. Ingress 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. 212 10771 13015.2. 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. h*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. 130E5.5. 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. Duinege. 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. Cbntrol 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 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 213 1077.1 .. 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. Infomution an uhich decision is based to be public and available to applicant. 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. Paqui red record of fomul hearings, in fomul 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 ,all or portions 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. Mtification 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. Abtification of affected agencies or officials of decisions; actions follaving 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 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 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. Sec. 1310. Withdrawal of application for certain classes of permits; effect of withdrawal. 214 An application for a Class I or a Class II special 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 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. R*uiau of decisions for Class I or II special pemri ts. Review of decisions made for Class I or II special permits shall be by appeal to the Zoning Board in the manner set out in articles 18 and 20 of this zoning ordinance. 1311.2. 1euiau of decisions for *ecial Eceptions. Review of decisions made by the Zoning Board for Special Exceptions shall be in the manner set out in article 20 of this zoning ordinance. 1311.3. Pileuiau of decisions forMjor Use *ecial Plemu 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. 107'71 215 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 formal 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$eeial Fema ts, m radatory referrals; t#m 1 irni is of 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 Pen nits; notification concerning intended decisions; time 1 anf is when 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, 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; time limitation; applicant to have 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." 1401.5. Zoning Acninistrator 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 applicant, and for setting a mutually agreeable time for such conference. 10771 216 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. L1,cision of ZoningMninistrator; t#m lb?dtations; further action on pemdts. 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 Fran other officials or dewments. 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 I Lr-becial PL-»nfts; on attacWmt 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. 217 10'7'71 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. 11bti fication concerning intended decisions; tune limdtations. 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. 11bti fications concerning intended decisions; tum 1 units id th no referrals. If no referrals are involved in connection with the application, the Director of the Department of Planning, Building and toning 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. bbtification concerning intended decision; tug luaus udth 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 1-0771 218 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. .Dies t by app l i cant t for conference; time 1 imi tat i on, app l i cxnn t to have 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. 1503.3. Director of Lpartn mt of Planning, Building and Zoning to art,o W conference, secure attendance; conference to be conuened; 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. D?cision of Director of L'kp&&nznt of Planning, Building and Zoning; time limitations; further action on 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 11 Special Permit for their preservation. 1510.2. Standards. 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: 1077-1 219 1510.2.1. Limitations are types of regulations that may 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. Procedures. A written application shall be submitted for Class I1 Special Permits. In addition, the following shall also be submitted: 1510.3.1. Ikn:mtration 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. 1lbtification of adjoining property amers. 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. 1510.3.3. Site plan. 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. Sec. 1512. Appeals. See Article 18. 220 10771 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. &sponsibility of Director of L2)artmant of Planning, Building and Zoning, ?mining Board 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. Prgxration of reoarvoWatians 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. 160.3. Stwxbrds. 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. 10771 221 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. Mice on *ecial Exceptions. 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. Sec. 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. Tore requiremmits; limitatians cn extensians. 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. T#w for reaching decisiai. 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. Tuna lWtaticn on further applications after denial of L117pecial 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 (i)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. ARTICLE 17. 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 400 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; (10) Any development which, by the terms of this zoning ordinance is required to secure Major Use Special Permit approval; and (11) Any development using land leased from the City of Miami. Prior to obtaining any building permit, any multi -phase project which, in the.aggregate, would allow the development to exceed the thresholds outlined above shall be authorized only by Major Use Special Permit. Sec. 1702. Procedures. Application for Major Use Special Permit shall be submitted and the following procedures shall be followed and requirements met: 1702.1. PreWlicaticn conference. 223 10771 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'. Application; content. 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. General report. A general 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. Mzjor use special pemri t concept plan. 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). (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 10771 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. .ikuelWnmtal ftpact 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. Application, referrals. Upon receipt of a complete application for Major Use Special Permit by the officer or agent designated by the City Manager to receive the same, the complete application shall be referred promptly to the Director of the Department of Planning, Building and Zoning. The director shall make those referrals required by this zoning ordinance, referrals required by state law if the application is also one which is a development of regional impact under state law, and such additional referrals to officers or agencies, both city and noncity, as the director may deem necessary for proper 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. A plication; notification 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. Awlicaticn; reca7vexiations of Director of Departnent of Planning, .t3riilding card Toning. 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 recommendation(s) in the matter of the application. The director shall include any recommendations made by referenced 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 section 1702.6 of this ordinance. 225 1702.6. hpplications not involving zoning changes, Special EkMtions and/or variances; reoamwidations 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. 4 plications involving zoning changes, Special Ekceptions, and/or variances; reor�mmadations to the Planning Advisory Bowd 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. ,vpl icaation; hearing by Ci ty awdscion. 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 seta 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; (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; 10771 226 R (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. Major Use Special Permits shall be issued for a period of two (2) years, subject to renewal for subsequent two year periods. Sec. 1704. Effect of City Commission approval of application. The Major Use Special Permit as approved, or approved with attached modifications, conditions, or safeguards by the City Commission, (the "approved Major Use Special Permit" or "MUSP"), 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, 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 1077.1 227 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. 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. 228 10771 ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING Sec. 1800. Generally. 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. 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. Hearing; 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. 10771 229 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. Sec. 1807. Review of decision of Zoning Board. Review of decisions of the Zoning Board on matters covered by this article shall be as set out in article 20 of this zoning ordinance. 10771 230 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. It 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 of this ordinance, "Accessory uses". 1901.2. 11bnconfon ni ties not grounds for grunt of varionce. 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; Vo771 231 (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. 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. 19G13.2. 1lbtic a 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. 1903.3. Public hearing. A public hearing shall be held by the Zoning Board. 19019.4. FYndings 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 miy prescribe conditions and safeguards. 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 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. ?bpe 1 inni tatians. 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. 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 fora 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. 23.2 10 771 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 Planning, 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 Commission 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 time 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. 10771 233 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. Lirnitation on pacers of TbningMninistrator in afirinistration and enforce=t. 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. Plans to be subnitted with opplications. 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 applicatiansp issuance or denial of pemut. 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. 10771 234 Sec. 2103. Zoning requirements, procedures, limitations, and actions on certificates of use. 2103.1. Fbr new 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. T rporary 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 ham occupations in residential districts. In connection with home occupations in residential districts, as defined in article 9, 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 and 2103.5 Peserued. 2103.6. Urtificates 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. Qrti ficates of use for buildings accessory to cimll ings. 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. 235 Sec. 2105. Status of building permits or certificates of use issued prior to adoption or amendment of ordinance. Where lawful building 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: 21U5.1. Completion of laL tcl actions initiated prior to adoption or arsnah»att of ordinance; time limits for crnpletion of actions. 2105.1.1. Cbnstruction and occtpancy. Where building permits have been issued or certificates of use applied for in relation thereto, for construction of buildings or structures, or additions or alterations, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of a building or structure or portion thereof under actual construction, provided such construction is carried on without interruption (except for just cause). If actual construction is not under way, new building permits or certificates of use shall be required where previous documents have become void, and shall be in accord with any new regulations established by adoption or amendment of this ordinance. Applications for building permits 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 has been filed with the City Manager. Applications for public hearings for review of variances, conditional uses or other requests which require review and approval by the City Commission, Zoning Board, Planning Advisory Board, Heritage Conservation Board, the Latin Quarter Review Board, or Urban Development Review Board shall be reviewed in accordance with the provisions of Ordinance No. 9500, provided that complete applications have been filed prior to the effective date of Ordinance No. 11000. Applicants for public hearings shall be permitted to make changes in the applications only when so required by the city as a result of its review of the applications. The necessary building permit(s) or certificates of use, whichever is first required, shall be obtained within ninety (90) days from the date of final public hearing approval (and, in the event an appeal is taken to the courts, within ninety (90) calendar days from the date the final decision is rendered) or within one hundred eighty (180) calendar days from the effective date of Ordinance No. 11000, whichever provides the longer period of time. 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 initial 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. 2105.1.2. Actual construction, defined. For the purposes of this zoning ordinance, actual construction is defined to include the placing of construction materials in 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 236 10771 carried on without interruption, except for just cause, until the completion of the new construction involved. 2105.1.3. Cbcnynmacy not involuing pending building penni ts. 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 agreene nts, conditions, and safes warier 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, 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. 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 deuelopront pemdts 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. 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 permits) or certificate(s) shall be obtained within one hundred eighty (180) days from the date the final court decision is rendered. 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 10771 237 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 building 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 building 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. 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. 10771 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 have been paid in full. Applications or petitions initiated officially by the city by its duly authorized agencies or officers are exempt from the payment of the fees and charges that may be set. 10'771 239 ARTICLE 22. AMENDMENTS Sec. 2201. Intent. 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. 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 (e) 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. W11fillwWR• • - . ... . 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. 2902.3. &brdssion of gWlioaticns for anvxbmt. 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. atemdnaticn of board jurisdiction; tnmsr d 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 10771 240 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. 2X5.2. Other City Cbde requi renmts. 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 9, sections 2-148, 2-149, and 2-151, chapter 62; and other appropriate sections of the Miami City Code. Sec. 2206. Public notice. 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 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 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. .r..1: � • ....... 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. Plcming Advisory 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 107,71 241 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. (See section 2208.3 below.) 2208.3. Eweption to tires 1 urri 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; 242 10771 (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 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. P quirenEnt uhere Planning Advisory Board or &ring Board report is adverse to proposed anw* nt. 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 62-5.4 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). 107'71 243 1 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 HC Heritage Conservation 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 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. Limdtation on further consideration 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 an further consideration after volwztaryurithdrcual of application. 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 all of the same property for twelve (12) months from the date of such action. 2214.5. Miver of time lb7dts. 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. &bstcmtial changes 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: 10771 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. fps 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. 2215.3. Changes during Planning Advisory Board, Zoning Board, or commission consideration. 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. 2215.3. Procedure uhere substantial charges 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, 10771 245 ARTICLE 23. INTERPRETATION; CONFLICTS 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. Where the requirements of this zoning ordinance are at variance with the requirements of 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. 10771 246 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 2110 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 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. Sec. 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. This zoning ordinance shall take effect September 4, 1990. io 247 M 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. 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. Because future amendment of this zoning ordinance will sometimes require the addition of new definitions, changes in existing definitions, or deletion of definitions, the specific 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 crostruetion. 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. 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 entertain?o t or service establishment. 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, purveys, displays, or offers only to or for adults products, 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 10 717 1 248 not open to the public generally but only to one (1) or more classes of the public, excluding any person under eighteen (I8) 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 nwsage parlor.. See Adult entertainment or service establishment. Adult nntion 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. A?bulance 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 and =orwges. See Mooring. Ani ml clinic. A facility which provides medical and surgical care for animals but does not include boarding facilities for healthy animals. Animal kennel. A facility which provides boarding services for five (5) or more animals. Apartrent. See Dwelling, multifamily. Alwtrent hotel. A hotel offering long-term (more than thirty (30) days) lodging. Such establishments may furnish dining room service. ,nplication., 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 application has not been heard by the appropriate board within 90 days of filing, it shall be deemed withdrawn and a new application must be filed. 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, residential land. Residential land area is land for residential development and related uses, including open space on the lot or tract. Residential land area shall not be construed to include areas used predominantly for commercial or other nonresidential purposes. 10771 249 Area of a lot. See Lot area. Art stores. See Retail. Assmblap. 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. Auditoriums or aiph'itheaters. A building or outdoor area or structure specifically designed and used as a place of assembly. Auction gallery. A building or structure at which a public sale of property, goods, or chattel are conducted by a licensed or authorized agent. Autambile assembly plants. See Assemblage. Autonabile, nav parts and accessory. See Retail. Autarnbile 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. Autanabile uash facility. Any building or premises used for washing cars or trucks. Autawbile rental/leasing agency. Establishment primarily engaged in the leasing or renting of trucks and passenger vehicles. Autambile overhauling. See Repair garage. Autornbile paint ad body shop. See Repair garage. Autawtive service station.. An automotive service station is an establishment whose principal business is the retail dispensing of automotive fuels and oil and where grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, principally for automobiles (or in connection with a private operation where the general public is excluded from the use of the facilities), and where in addition the following services may be rendered and sales made, and no other: a. Sales and servicing related to sparkplugs, batteries, and distributors and distributor parts; b. Tire servicing and repair, but not recapping or regrooving; c. Replacement of waterhoses, fanbelts, brake fluid, lightbulbs, fuses, floor mats, wiper blades, grease retainers, wheel bearings, mufflers, shock absorbers, mirrors, and the like; d. Provision of water, supplements for radiator fluids, and the like; e. Washing and polishing, limited to facilities for washing one (1) car at a time, and sale of automotive washing and polishing materials, but not the operation of car washes; f. Providing and repairing fuel pumps and lines; g. Minor servicing and repair of carburetors; h. Minor servicing of automotive air conditioners, not involving removal of units; i. Emergency wiring repairs; j. Adjusting and emergency repair of brakes; k. Minor motor adjustments not involving removal of the head or crankcase; 1. Greasing and lubrication; 250 10771 m. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but only as accessory and incidental to the principal business operation; n. Provision of road maps and other informational material to customers; provision of restroom facilities. Uses permissible at an automotive service station do not include major mechanical and body work, 'straightening of frames or body parts, steam cleaning, painting, welding, storage of automobiles not in operating condition, operation of a commercial parking lot or commercial garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, traffic congestion or other characteristics to an extent greater than normally found in properly operated automotive service stations. For purposes of this zoning ordinance, an automotive service station is distinguished from a repair garage, parking lot or commercial parking garage, body shop, automobile wash facility, truck stop, or sales or rental agency for automobiles, trucks, trailers, or other equipment, both as a primary use and in relation to permissible activities; but, in districts in which such other establishments or activities are specifically permitted, they may also include part or all of the facilities and services provided by automotive service stations. Auta otiue taafng seruice. See Towing service. Average sidamlh 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. Autornbile urecking 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 shop. See Retail. Bar, cocktail loW, 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 mrrine dredging. See Dredge and fi11. Battery mnufaeturing. See Manufacturing or Repair garage. Battery repair and rebuilding. See Manufacturing or repair garage. Beauty salons. See Personal services. Berth. See Stall/berth or Loading facility, offstreet or Loading space, offstreet. Blank mrshing. A plain strip, bearing no advertising matter around the edge of a sign. Blueprinting. See Quickcopy. 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 kernel. See Animal kennel or Animal clinic. Boat and mrrine nator sales. See Retail. 10771 251 ^� r Boat and rrarine 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 docks. 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. B4da Binding. The printing and production of books, magazines, and other literary publications. See Assemblage. Bottling plants. See Assemblage and Manufacturing.. Baling alley. See Recreation facilities. Brawries. 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 rmterials 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 pemrit. The permit required for new construction and additions pursuant to section 19-50 of the City Code. Buildable 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 Iine. 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 supply 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. Bulletin board, camzo:ity 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 organizations, 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 10771 252 service, management consulting services, protective services, equipment rental leasing, commercial research, development and testing, photo finishing, duplicating, and secretarial services. CWwpy. A fixed roof -like structure which is in whole or in part self-supporting with open sides which'provide shade or protection. Chr 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. Chr space. See car space, total. Cbr space, total. Garage or other off-street parking space, together with appropriate access and maneuvering ways, available to occupants. Chrport. 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 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. Uttering 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 incidental service for a social affair or for a private dwelling, but does not use commercial vehicles that are equipped in any manner for the purpose of transporting food to be sold directly from such vehicles. C® 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. Cbretery. Property used for the interring of the dead. Change of oca4xn y or chwV 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. Child 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 includes day 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. City CMmissicn. The City Commission of the City. Civic club. A building used for recreation, social, educational, cultural activities, usually owned and operated by a public or nonprofit group or agency. Clinic, medical or dental. Establishments providing medical,,surgicil 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. 10771 253 Club or lodge. The term "club or lodge" refers to buildings or portions of buildings 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. Cbin-operated laundry. An establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes. Cblleges and universities. Educational institutions authorized the by the state to award baccalaureate or higher degrees'. Ctrmrcial marina. A marina providing services to the general public, not accessory to a specific residential development. Oj=rcial parking. Any parking area or parking garage utilized by either the general public or private users and requiring compensation. Omnercial vehicle. A commercial vehicle is any vehicle designed, intended or used for transportation of people, goods, or things, not including private passenger vehicles and trailers for private nonprofit transport of goods and/or boats. Q7wd ssion. See City Commission. Cbneman open 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. Cbmzatity based residential facility. A facility providing room (with or without board), resident services, and twenty-four hour supervision. Such a facility functions as a single housekeeping unit. This category includes adult congregate living facilities; facilities for aged persons as defined in Section 400.618(3), Florida Statutes; facilities for physically disabled and handicapped persons as defined in Section 760.22(5)(a), Florida Statutes; for developmentally disabled persons as defined in Section 393.063(6), Florida Statutes; for non - dangerous mentally ill persons as defined in Section 394.455(3), Florida Statutes; and for dependent children as defined in Section 39.01(8) and (10), Florida Statutes, 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. Cb =ity residential home. See Community based residential facility. Camunity theater. An enclosed space suitable for a variety of cultural arts performances, 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 private meetings, exhibits and presentations shall be permitted. C W=ication and instrument installation and repair. See Assemblage. Omprehensive Plan. The City of Miami Comprehensive Neighborhood Plan. Cbrefonning lot. See Lot, conforming. Cbnstruction, actual. See section 2105.1.2 of this ordinance. 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"). 254 Continuously. 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. Cbnualescent hams. See Extended care facility. Convenience establishment. 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. Cbverage of a lot. That portion of a lot covered by buildings. Dice hall. A building or portion of a building used for dancing by the general public or to provide dance instruction. Laycare center. See "Child daycare center." Dklicatessen. See Restaurant. atention facilities. See Jail. LW)elap=t. Development shall have the meaning given it in section 380.04, Florida Statutes, subject to restrictions contained herein. Lbuelopto t pe»nit. The term "development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, Special Exception, 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. .ibcks. See Wharf. Dedge ad fill. The process of deepening streams, swamps or coastal waters by removing soil from the bottom. Dessmking. The sewing, repair, or design of individual, one of a kind apparel. Dive -through banking facility. See Drive -through establishments. Dive -through establishments. A drive -through establishment is any place or premises on which, or any facilities by which, customers are served in automobiles. Dive -through restaurant. See "Restaurant, drive -through." Dive -through use. See Drive -through establishment. Dive -through facility. The term includes drive -through banks or teller windows, drive - through eating and drinking establishments, drive -through theaters, 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. Lly boat storage. A facility operated for the storage of marine vessels. Ayclock. A structure operated to facilitate the repair, maintenance, and alteration of vessels out of water. LLplex citelling. 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. 10771 255 Lh 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. Llcelling, nubile hate. 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. Melling, rultifardly; nultiple; gmr&=t building. A multifamily dwelling, multiple dwelling, or apartment building is a building containing three (3) or more dwelling -units. D elling, ane-fanny or single-fanily. 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. Melling, tw-family. 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 unit. 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. Lkelling, 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 wails 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. &ting and drinking establish=ts. See Restaurants or Bar, cocktail lounge, tavern or saloon. Efficiency opartnent. A dwelling unit attached to other dwelling units and consisting of only one habitable room together with kitchen facility and sanitary facilities. Einbayrrnt. 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. Ectended 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, flamuble or otherwise hazardousrmterials. See Manufacturing and Packaging. Facilities for houercraft or sea plates. See Marine landing facilities. Fabrication of custarrtztde jecelry. See Handmade products. Fanny. 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 group of 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. Fbrnily care hare. 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 receives a payment, fee, or grant for any of the children receiving care, whether or not operated for 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. Byre stations. A building used for fire equipment and firefighters. Fishing pier. A dock or wharf providing a recreation opportunity for sport fishing. Flam,vble or othend se haaaudous nuterials. 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 by individual sellers for limited periods of time. 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, mechanical rooms, enclosed porches and balconies used for nonresidential uses but excluding elevator shafts. Floor area, residential. The sum of areas for residential use on all floors of buildings, measured from the center line of the exterior walls, including interior and exterior halls, lobbies, mechanical rooms, enclosed porches and private enclosed balconies used for habitation and residential access but excluding elevator shafts. Florists. See Retail. 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. Fbrtune-tellers. See Astrologists. .Freight tenninals. See Warehouse. Fraternity; 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. Front yard. Front yards shall be construed as extending between side lot lines' across the frontage of the lot. Frontage, .as specially related to sign regulation and pedestrian streets/pathways. Adjacent to a street, whether at the front, rear, or side of a lot. Frontons. Commercial recreation facilities.devoted to Jai Alai.' 10771 257 Rine►al hone. 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. Chlleries. A building or hall where pictures, paintings, sculpture, photography or other artistic works are displayed or sold. Garage. See Carport. GWYWe sale/yard sale. Sales of secondhand household goods at private residences, yards and garages. The term "estate sale" is also included in this definition. Gxi-dat supply. Building, land or greenhouses used to raise or sell flowers, shrubs, or plants and related items. General entertaimiezt 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. General 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. Gbvenrmt raintenance facilities. Building, land, or structure designed and intended to be used in the routine upkeep and repair of government owned or leased equipment. Gbuer-1170 t offices. Governmental administrative and judicial buildings. Gbvermantal 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. Ovss lot area. See Lot area, gross. GKW hones for the develcp?v tally 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. Gtcest hones. See Tourist home, guest house. Hzbi table rom. 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. Ifm*nde products. The production of unique, not mass produced, crafts, art objects, sculptures, or fine art objects for sale or display. Ibalth spa or studio. Establishments providing facilities and instruction for exercise and sports training and similar activities. h*lipad. A surface used for parking helicopters. It may be located inside or outside of the takeoff and landing area. b*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. Helistcp. 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. aritage conservation. Areas having concentrations of structures, sites or individual structures and premises of significance in the historic, cultural, archeological, aesthetic, and/or. architectural heritage, of the city, state or nation.. See also article. 7 of this ordinance. 258 V1. Hiring hall. A building used to provide employment services for laborers. Hbne for the aged. See Nursing home or Extended care facility. Hm occupation. A home occupation is an occupation conducted entirely within a dwelling unit. See also section 906.5 of this ordinance. I bees for the develop? tally 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. Horizon arc. Horizon arc, as used in relation to view protection in these regulations, means the portion of the horizon (in degrees) involved in the view being protected. Mspital. An institution having an appropriate license or Certificate of Need issued by the 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; nntel. 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. Fbtel, apartment. See Apartment hotel. Ibtel, residence. See Apartment hotel. Hbme 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. HSuseboat. 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. I-hising for the elderly. See Community based residential facility and Nursing home. Institution for the cged (hone for the aged). See Nursing home or extended care facility. Interim 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. Junkyard. See Automobile wrecking yard. Kindergarten. See Schools. Kzosh. A free standing bulletin board having more than two (2) faces. Kitchen facilities. A portion of a dwelling unit used for the preparation of meals and shall include a kitchen sink. Laundry/dry cleaning planet. 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 &,plication services. See Quick copy. Level of service (ICI;). 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, pamplets, and prints usually systematically arranged and accessible to the general public. 259 0771 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 lots on two 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. 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 coverage. 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, nonconfomning. 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. 31'077.1 260 Lot, reversed frontcge. 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 general pattern in the area. Ivt, substars*rd. A lot other than a conforming or nonconforming lot privately 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. l►bjor private pleasure craft. See "Vessel, private pleasure craft". Mzjor recreational equipmmt. Vehicles including travel trailers, pickup 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, cases, and boxes for transporting recreational equipment, whether occupied by such equipment or not. See also "Travel trailer." Ahwfacturing. Establishments engaged in the mechanical or chemical changing of raw products/materials into new products or components. Ahrina. A facility for storage, servicing, fueling, berthing, and securing of pleasure boats. Maine insumnce broker. A licensed insurance agent or broker providing services exclusively to water -related industries or services. llbrine landing facilities. Structures or buildings associated with the operation, landing, or takeoff of amphibious craft such as sea planes. llbkne 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. Miss transit terminal. A place where people transfer from or to mass transit trains. A4nigv reiuuae. 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) avaiiable to the general public for rent or lease for storage of goods or wares. A4xed 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. l►bbi le how. See "Dwelling, mobile home." llboring. An area in or directly above the water where a vessel is secured by a cable, anchor or line to a dock or wharf. Abtel. See "Hotel; motel." I&ltif dly cicelling. A building containing three or more dwelling units each of which has direct access to the outside or to -a common hall. Mcltifardly use; multiple fanny 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. 10771 261 (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. Nght 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. Ab►nconfonning cha=teristics 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. 1lbnconfomdng lot. See Lot, nonconforming. llbnconfo»mng structure. 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. Abru=fonning use (of land or uater or land urith 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 (a2,000.00) 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. Nmccnfomdng use of structures or structures and prenises in ccnbinatiaz. 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. Abnconfomdties. See Lot, nonconforming. Nmresidential. Of or pertaining to use for commercial or non -domiciliary purposes. 1lbnresidential 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. AN&sery school. See "Child daycare center." Mrsing 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. 0bcZqXvzcy. See "Use." 10771 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. Chit 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. Qtdoor 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. FWAWing. Establishments which organize, bind, wrap products or pieces of a product or components for transfer or shipment. Fbckge liquor. Retail establishment licensed by the State, primarily selling wines, beer, or, liquor for off -site consumption. Runt and uallpaper stores. See Retail. Parcel. See Lot. Pw*ing 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. Puking GWvge. A building or portion thereof primarily used for the parking or storage of motor vehicles. Park.. A tract of land designated and used by the public for active and passive recreation. Rwa 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. Planned develcapi t. 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. Planning 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-Downtown/Overtown/Wynwood, District C-Coconut Grove, District D-Little Havana, District E- Fiagami, 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. Pbrtale. A covered arcade. See aiso Arcade. 10771 Principal building. A structure used to enclose or house the prime 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 requ•, usually advanced, education and skill; implies professed attainments in special distinguished from mere skill. Public incinerator. See Solid waste facility. QAvey. A place where rock, ore, stone, gravel, or similar materials are excavated fo, or for off -site use. Qtickoopy services. An establishment which provides blueprinting or duplicating service. limited to electrostatic or similar type reproduction copying known as "quick copy," specifically disallowing offset lithography and letterpress printing. Mee tmck. An area designed and used for competition of speed and running of horses or dogs. Azar yard. See also section 906.5 of this ordinance. Rear yards shall be construed as extending across the full width of the lot at its rear. Recreation facility. A place designed and equipped for the conduct of sports, leisure activities and other customary and usual diversions. Recreaiicra space. Any space or area solely dedicated and designed and used for the enjoyment of leisure time. Recreational equiprent, major. 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 devises, boats and boat- trailers, combinations thereof, and other similar equipment, and trailers. Repair gauge. Building used for the service, maintenance, major repairs, paint or body work available to the public. Rescue mission. Facility which provides overnight, dormitory -style shelter (with or without food service provisions) to those persons lacking residences, possessions or resources. Residence hotel. See Apartment hotel. Residential. 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 use. &tail. Sale for final consumption in contrast to sale for further sale or processing (i.e. ' 'wholesale). A sale to the ultimate consumer. &aping and longing house. See Boarding house or Tourist home, guest home. Reversed frontage lot. See Lot. R)MV, habitable. See Habitable rooms. Sail mrhing. 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. 11017, .1 n i- e Schools, eleno tary. 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-hi'gh schd�dl education and which use does not secure the major part of its funding from any governmental agency. Schools, sec6%kuy. A school licensed by the State and which is authorized to award diplomas for secondary education. Schools, vocational. 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. Shipyvd. An area where ships, boats or vessels are built, repaired and stored. S9nops for marine uvodwrhing. Establishment associated with the manufacture of boats, ships, and other similar vessels. Side yard. See Yard. 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. 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. Sign, aninuted. 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, anmxted, revolving or uhirling. 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, canopy, n v7m, or awning. 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, developro t. Onsite signs announcing features of proposeddevelopments, or developments either completed or in process of completion. Sign, flashing. A sign which includes a flashing, changing, revolving, or flickering light 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 J-V d 7 1 13nq lashing signs, but are regulated separately. (See South Florida Building Code section 4209.3, or limitations on wording or illumination of flashing signs.) Sign, frontcg e, as related to regulation. Notwithstanding definitions in this zoning ►rdinance 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 ;treat,_ whether at the front, rear, or side of a lot. Sign, ground (Ot- 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, haruging. 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. Sign, indirectly illuminated. A sign illuminated primarily by light directed toward or across it orbybacklighting 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. Sign, internally (or directly) illuminated. A sign containing its own source of artificial lightinternally, and dependent primarily upon such source for visibility during periods of darkness. Sign, notice, directional, and uuxrning. 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. 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. , siffl4l,,owite. 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 wail 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 leased. 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. 10771 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, time and temperature. 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, vehicle. 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, ualI 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, urindeur 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 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 general 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, ruinber 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. 267 10(71 Solid uaste facility. Establishment for the disposition of unwanted or discarded material including garbage with insufficient liquid content to be free flowing. Sbrarity, See "Fraternity; sorority; student center." Sc�ecial Ekceptien. 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 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. ,10mial permit. See section 1300 of this ordinance. 4mcial permit, Class I. See section 1301 and article 14 of this ordinance. *eeial permit, Class II. See section 1301 and article 15 of this ordinance. ;,�neeial penrdt, major use. See section 1301.and article 17 of this ordinance. *wified anatanical 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. Apecified sexual activities. Those activities which, when described, displayed, I exhibited, simulated,. or depicted by whatsoever medium in an adult entertainment service, establishment: (1) ishow the human genitals in.a state of sexual stimulation, or being aroused to a state of sexual 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. .Student center. See "Fraternity; sorority; student center." Studio. A building or part of a building used as a place_ of work by an artist, photographer, or artisan. &bstandand lot. See "Lot, substandard". Substantial cha7W. See Section 2215.1 of this ordinance. Substantial =dification (of existing offstreet parking facilities containing ten or nnre spaces). Changes in number, location, dimensions, or arrangement of spaces or aisles, entrances or exits, or character, type, or amount of landscaping. Synbolic, a and flags, house flogs 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. ?brporary special event. Carnival, festival, fair or other event. not intended to continue on a permanent basis ?burist hare, guest hone. 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. 7Wng 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. 10771 268 Vmwit stations. A building, structure or area designed and used for persons changing transportation modes. Dural trailer cavil similar terporary dvallings 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 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, convertedtrucks, 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 "travel 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. Wergrowd 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. Lie. 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 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, canmercial. A vessel built, altered, or used 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 Vessel, private pleasure craft. Private pleasure qraft vessels (or private pleasure.craft, as the term is abbreviated in these regulations in most instances) are vessels which are privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regulatory purposes private pleasure craft are divided into two (2) classes: (a) Minor: Under sixteen (16) feet in length. (b) Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them as dwelling or lodging units. Where they do contain such facilities, use within the city limits shall be governed as provided in this zoning ordinance, and other applicable regulations: Visibility, nuterial impediment to. Any material obstruction to visibility which would result in concealment of a child over two and one-half (2 1/2) feet in height approaching an intersection, or would conceal an approaching automotive vehicle or cyclist from such a child. In determinations as to whether or not there is material impediment to visibility, the speed, direction, and duration of movement to point of potential collision or contact shall be considered. Wuvhwse. Terminal facilities for the handling of freight or storage of goods and materials. V&ehwes. Building containing separate storage spaces of varying sizes, leased or rented as individual leases. Wirehme, mini. See Mini -warehouse. 10771 269 19 6lhdrf. An area where vessel may tie up or land to transport passengers or cargo. Molesale establislmmts. 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. Yards 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. Ycvrd, 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. Yantis, 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 corner lots. On corner lots, all yards not adjacent to streets shall be construed as side yards. Where a side lot line adjoins an alley, up to one-half (1/2)the width of the alley shall be credited as meeting not more than one-half (1/2) of the side yard requirement (minimum three (3) feet). Width of a required side yard shall be measured perpendicular to the lot line (or to a line constructed in the alley, where one exists, parallel to the lot 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, other than arrijacent to streets; width to be three -fourths of front yard depth 'require Mi t. For other yards adjacent to.streets and where portions of the street other than in frontage, the requirements, methods of measurement, and limitations (other than dimensional) shall be as for front yards. See also Yard, front. Yard, rear. A yard extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Yard, 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 of the required yard shall be parallel to such outer line, and at the minimum distance therefrom prescribed in district regulations. Yard, 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, uaterfront. 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. 4 AV9"t41 TEXT INDEX Section ABANDONED ADULT ENTERTAINMENT Discontinuance or abandonment of services or entertainment ......................... 937.4 ACCESS Accessory uses and structures Access to accessory convenience establishments ................................... 906.7.5 Arrangement and location of structures and landscaping ........................... 905 Child care centers Access if within residential district .......................................... 936.1 SO-5 Brickell Avenue area residential -office district Special permits, provisions re vehicular access ................................ 605.3.2 SD-6 Central commercial residential district Special permits Special considerations on vehicle access to property ......................... 606.3.2 SD-7 Central Brickell rapid transit commercial residential districts Vehicular access and parking structures ........................................ 607.3.2 ACCESSORY USES AND STRUCTURES Boathouses, boat slips, dockage space, etc ......................................... 924.1 Constructed concurrent with or after construction of principal building............ 906.2 Convenience establishments Accessory to residential or office uses .......................................... 906.7 Self-service sales of motor fuels as accessory use at ............................ 906.8 Defined............................................................................ 2502 Dwelling or lodging occupancy prohibited unless specifically permitted in district ........................................................................ 906.1 Generally.......................................................................... 906 Nomeoccupations .... ........... ... ......... .......... ................. 906.5 Limitations on location for accessory building and other structures ................ 906.4 Parking or storage of major recreational equipment as accessory use ................ 920.2.2 Parking or storage of specified trucks, buses, trailers, etc., as accessory use.... 920.3 Permanent active recreation facilities Accessory uses in residential districts; special permits ......................... 906.6 Permitted accessory uses and structures SD-2 Coconut Grove central commercial district ................................... 602.5 SD-4 Waterfront Industrial...................................................... 604.5 SD-5 Brickell Avenue area residential -office district ............................ 605.5 SD-6 Central commercial residential district ...................................... 606.5 SD-7 Central Brickell rapid transit commercial residential districts ............. 607.5 SD-11 Coconut Grove rapid transit district ....................................... 611.5 SD-14.1 Latin Quarter commercial -residential district ............................ 614.4.1 SD-14.2 Latin Quarter residential district ....................................... 614.5.1• SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential district... 616.5 Self-service sales of motor fuels Accessory use at convenience establishments ...................................... 906.8 ACTUAL CONSTRUCTION Defined............................................................ ............ 2105.1.2 2502 ADDRESS SIGNS. See also: SIGNS Defined............................................................................. 2502. Provisions generally ................................................. . ............925.3.5 ADMINISTRATOR. See: ZONING ADMINISTRATOR ADULT ENTERTAINMENT OR ADULT SERVICES (Bookstores, massage parlors, picture theaters, dancing, escort services, etc.) Definitions...................................................................... 2502 Discontinuance or abandonment...................................................... 937.4 Intent............................................................................ 937.1 Limitations on...................................................:................. 937.3 10771 271 ADVERTISING. See: SIGNS AGED PERSONS Home for the aged Defined.......................................................................... 2502 Housing for the elderly Defined.......................................................................... 2502 Institution for the aged Defined.......................................................................... 2502 AIR FREIGHT SERVICES Reduction in offstreet truck and trailer loading requirements Where air freight services are directly available ................................ 922.5 ALLEYS Boundaries of zoning districts ........................•............................ 303.1 Indicated as approximately parallel to or extensions of features ......:.......... 303.6 Defined................................................................... 2502 Offstreet loading Projection of vehicles being loaded or unloaded into alleys ...................... 923.3 ALTERATIONS, STRUCTURAL Defined............................................................................ 2502 AMENDMENTS Applications for amendment Changes after processing begins .................................................. 2215 Initiationof ....................................................... ......... 2202 Consideration by boards........................................................ 2202.2 Submission of applications for amendment ....................................... 2202.3 Who may apply.................................................................. 2202.1 Limitations on rezoning property ............................................. 2214 Proposals for amendments required to be heard by Zoning Board Referral of applications to Planning Advisory Board ..........I .................. 2207 City Commission Changes in application during commission's consideration ......................... 2215.2 Duties and responsibilities re amendments ........................................ 2202 et seq. See: CITY COMMISSION Duties generally................................................................. 2201. Hearings of boards and report to City Commission. See herein that subject District classification added by amendment ......................................... 400.2 Duties.of receiving officer or agent upon amendment proposal being filed....:...... 2205 Determination of board jurisdiction; transmittal ................................. 2205.1 Othercity code requirements..................................................... 2205.2 HC heritage conservation districts Amendments generally.... o .......................... I .............................. 707 Individual HC district amendments .Preparation of recommendations for ............................................. 704.2.2 Procedure for adoption of amendments .............................................. 704.2.4 Hearing of amendments PlanningAdvisory Board.......................................................... 2203 ZoningBoard ...................... ................. ............. 2204 Hearings of boards and report to City Commission CityCommission action on board reports .......................................... 2212 Failure of commission to act ................................................... 2213 Exception to time limits .................... :.....:......................:....... 2208.3 Planning Advisory Board ..................... .............:....................... 2208.2 Nature and requirements of advisory board report to commission ............. .....2210 Status of board reports and recommendations ...... .............................. 2211 Zoning Board..................................................................... 2208.1 Nature and requirements of report to commission ................................ 2209 Intent............................................................................. 2201 Limitations on rezoning of property in specific instances ......................:... 2214 Nonconformities Lawful actions initiated prior to amendment ...................................... 1101.6 Nonconformities created by amendment ............................ .................. 1101.1 Notice, public..................................................................... 2206 Official zoning atlas, official schedule of district regulations ................... 308 Replacement of map, schedules involving amendment..... ............................ 310- 272 10771 Planned development (PD) districts ................................................. 500 et seq. Planning Advisory Board Amendments to be heard by ........................................................ 2203.- Applications for amendments Consideration by board .. .... ............................................... 2202.2 Changes subsequent to notice of hearing .......................................... 2215.2 Determination of board's jurisdiction ............................................ 2205.1 Duties generally................................................................. 2202 Hearings of boards and reports to City Commission. See herein that subject Proposals for amendments required to be heard by Zoning Board Referral of applications to Planning Advisory Board., .......................... 2207 Report to City Commission Provisions re amendments....................................................... 2210 Public notice... 6 .............................................................. 2206 SD Special districts Procedures for adoption of amendments ................ 6........................... 600.5 Status of building permits or certificates of use issued prior to amendment........ 2105 Zoning Board Amendments to be heard by ........................................................ 2204 Applications for amendment Consideration by board......................................................... 2202.2 Changes in applications during board's consideration ............................. 2215.3 Determination of board's jurisdiction ............................................ 2205.1 Duties generally................................................................. 2203 Hearings of boards and reports to City Commission. See herein that subject Proposals for amendments required to be heard by Zoning Board Referral of applications to Planning Advisory Board ............................. 2207 ANIMATED OBJECTS SO-6 Central commercial residential district Permitted accessory uses and structures Special requirements for animation ............................................. 606.3.2 ANIMATED SIGNS. See also: SIGNS Animated, revolving or whirling signs Defined............................................................................ 2502 ANNEXATIONS Boundaries approximately following city limits Effectof annexations to city .................................................... 303.3.3 .ANTENNAS Broadcasting towers, height limits generally ....................................... 915.3 APARTMENT HOTEL Defined........................................................................... 2502 APPEALS Application for variance from terms of ordinance Conditionsand safeguards........................................................ 1904 Boardmay prescribe............................................................ 1904.1 Timelimitations............................................................... 1904.1 Definition of "variance"......................................................... 1901.2 Floor area ratio variances prohibited ............................................ 1901 Limitations..................................... ............................... 1901 Nonconformities not grounds for grant of variance ................................ 1901.2 Publichearing..............................................0.................... 1903.3 Findings required............................................................... 1903.4 Notice......................................................................... 1903.2 Refiling of petitions where variance denied Time limitations......... ................... 1905 Requirementsand procedures...................................................... 1903 Review of decisions of Zoning Board .............................................. 1906 Timelimitations................................................................. 1904.2, 1905 Usevariances prohibited......................................................... 1901.1 Varianceof terms of ordinance ................................................... 1902 Written petition ............ .................................... ............... 1903.1 ClassI Special Permits.......................................................... 1403 Appeals from decisions of Zoning Administrator and Director of the Department of Planning, Building and Zoning .................................................. 1800 et seq. 07 + 1 273 Appeals from decisions of Zoning Board Special Exceptions.........................................:..................... 1651 Class I Special Permits Appeals from decision of Zoning Administrator .................................... 1403 Class II Special Permits Appeals from decisions of Director of Department of Planning, Building and Zoning 1511 Special Exceptions Appeals from decisions of Zoning Board ........................................... 1607 Director of Department of Planning, Building and Zoning Appeals from decisions of ............ ...... ................. ............ .•.••,••,• 1800 et seq. Class II Special Permits........................................................... 1511 APPLICATION OF ORDINANCES Height and bulk of buildings, population density ................................... 210 Lands, water, structures, uses and occupancies ..................................... 200 Lots Creation of new lots............................................................. 236 Lot coverage generally........................................................... 210 Reduction of lot or yard dimensions below minimum requirements ................... 230 Signs and other matters............................................................ 210 Unauthorized signs prohibited.................................................... 240 Yard,- area, open space, offstreet parking and loading .............................. 220' One structure or use not to be used to meet requirements for another ............. 220 ARCADES Defined............................................................................ 2502 SD-6 Central commercial residential district ....................................... 606.3.2 SO-7 Central Brickell rapid transit commercial residential districts Provisions re arcades .................................................... ... ... 607.3.2 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential district..... 616.3.2 ARCHEOLOGICAL FEATURES Class II Special Permit for preservation of ........................................ 1510 ARCHEOLOGICAL ZONES HC,'heritage conservation districts Certificates of appropriateness; construction, excavation or other disturbance in archeological zones........................................................... 705.3.5 Certificates of appropriateness generally ................. 0....................... 705.1 ARCHITECTURAL DESIGN SD-5 Brickell Avenue area residential -office district .............................. 605.1 SD-6-Central commercial residential district Intent concerning architectural design ........................................... 606.1.2 SD-7 Central Brickell rapid transit commercial residential districts Character, site.planning and architectural design ................................ 607.1.2 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts Character, site planning and architectural des-ign................................ 616.1.2 AREA; GROSS. See: GROSS LAND AREA AREA OF LOTS. See: LOTS AREA OF SIGNS. See: SIGNS ART GALLERIES, NONCOMMERCIAL SD-2.Coconut Grove central commercial district Wall signs........................................................................ 602.11 ARTERIAL STREETS SD-1 Martin Luther King Boulevard commercial district Limitations on uses near specified intersections of arterial streets ............. 601.4.1.1 ATLAS. See: OFFICIAL ZONING ATLAS AUTHORITY Authority for repeal of prior ordinances, adoption of ordinances, etc .............. 110 AUTOMOTIVE SERVICE STATIONS Automotive service stations as principal uses ...................................... 930 10771 274 Limitations on outdoor storage, display or activities ............................ 930.2 Minimum lot or site dimensions ................................................... 930.1 Minimum street frontage.......................................................... 930.1 Required walls adjacent to residential district .................................. 930.4 Trash facilities................................................................. 930.3 Defined............................................................................ 2502 AVIATION HAZARDS Height limits generally............................................................ 915.2 AWNING SIGNS. See alsot SIGNS Defined.... ......................................................................... 2502 AWNINGS Defined........................................................................... 2502 Yard` -requirements, provisions re awnings ........................................... 908.3 B BANKS Drive-in banks..................................................................... 931 Seei'DRIVE-IN ESTABLISHMENTS BANNER SIGNS. See also: SIGNS Defined ............................................................................ 2502 BAR Defined............................................................................ 2502 BASE BUILDING LINE Defined...........................................6........................ 2502 BICYCLES Access for cyclists Authorized by Class I Special Permit ............................................. 905.1.2 BLANK MASKING Defined............................................................................ 2502 BLOCKS Through block connections. See that subject. BOARDING HOUSES Defined............................................................................ 2502 BOARDS Heritage conservation board ........................................................ 703 Planning Advisory Board. See that subject. Zoning Board. See that subject. BOATHOUSES; BOAT SLIPS, ETC. Provisions re..................................................................... 924, 924.1 BOATS Definition of "vessels"............................................................. 2502 BOOKSTORES Adult book stores:................................................................. 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICES BOUNDARIES. See; OFFICIAL ZONING ATLAS BROADCASTING TOWERS Heightlimits generally............................................................ 915.3 BUFFER OVERLAY DISTRICT. See also SO-12 BUFFER OVERLAY DISTRICT. Intent and scale................................................................... 612 BUILDABLE AREA Defined; limitations on occupancy ..:................................................ 2502 275 W W BUILDING PERMITS Granting permits in error Violation of ordinance not authorized by ......................................... 2108 HC heritage conservation districts Certificates of appropriateness Required before permit issuance ................................................ 705.1 Permits'issued prior to adoption or amendment of ordinance Status of permit .......................... ............................ ....... 2105 Special permits Relation of special permits to building permits .................................. 1302 SO-2 Coconut Grove central commercial district ................................... 602.3 SD-3 Coconut Grove major streets overlay district ................................ 603.3 SD-4 Waterfront industrial district .............................................. 604.3.1 SD-S`Brickell Avenue area residential -office district ............................ 605.3.1 SD-6 Central commercial residential district..............................I....... 606.3.1 SD-7 Central Brickell rapid transit commercial residential districts ............. 607.3:1 SO-9 Biscayne Boulevard North overlay district ................................... 609.3.1 SO-10 Jackson Memorial Hospital overlay district ................................. 610.3.1 SD-11 Coconut Grove rapid transit district ....................................... 611.3.1 SD-12 Buffer overlay.district.................................................... 612 SD-13'S.W. 27th Avenue gateway district .......................................... 613.3.1 SD-14, 14.1, 14.2 Latin quarter commercial -residential and residential districts. 614.2.1 SD-17 South Bayshore Drive overlay district ...................................... 617.3 Structures andusesto.be as provided in ........................................... 2104 Zoning requirements, procedures, limitations actions on permit ..................... 2102 BUILDINGS. See also: STRUCTURES Architectural design. See also that subject Buildings accessory to dwellings Certificatesof use for ........ ........ ... ................ ........ ..... 2103.7 Child-care centers Location of buildings and specific districts ..................................... 936.3 Combination of uses in buildings or on premises Rules concerning................................................................. 903.2 Definitions........................................................................ 2502 Floor area limitations. See also that subject Height limits, restrictions .......•, ..... . .......................... ...... 210 et seq. See: HEIGHT LIMITS, RESTRICTIONS Buildablearea on the lot .......................................................... 907.9 Nonconforming buildings, structures, etc ........................................... 1101 et seq. See: NONCONFORMITIES Preservation of natural or archeological features Class II Special Permit Relation to buildable area ..................................................... 1510.2.1 HC-2.residential-office heritage conservation overlay district ................... 714.5 SD=3 Coconut Grove major streets overlay district Relation of proposed improvements to surrounding buildings ..................... 603.3.2 SD-5 Brickell Avenue area residential -office district Permitted principal uses and structures Limitation as to location in buildings, etc .................................. 605.4.2 SD-6 Central commercial residential district Building spacing............................................................... Permitted principal uses and structures 606•.3.2 Limitations as to location of uses and buildings ............................... 606.4 Special permits Special considerations, building interrelationships .......................... 606.3.2 SD-10 Jackson Memorial Hospital overlay district Class 1I Special Permit Relation of proposed improvements to surrounding buildings ................... 610.3.2 SD-11 Coconut Grove rapid transit district ....................................... 611.4. SO-17 South Bayshore Drive overlay district Class II Special Permit Relation of proposed improvements to surrounding buildings ................... 617.3.2 Structures to be as provided in applications, plans, etc ......................... 2104 Temporary structures during construction ......................................... 927 Yard requirements Permanent structural projections from buildings ................................. 908.1 Zoning affects all buildings, structures,•etc.................................... 200 BULK LIMITATIONS SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 BULK OF BUILDINGS Zoning affects..................................................................... 210 BULKHBAD'LINES Location of boathouses............................................................. 924.1.1.2 BULLETIN BOARDS (Community or neighborhood bulletin boards, kiosks, etc.). See also: SIGNS Definitions........................................................................ 2502 Provisions generally............................................................... 925.3.10 Signprovisions generally....................................................0..... 925 SO-2 Coconut Grove central commercial district ..................................... 602.11.1.1 SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 BUS SHELTERS, BENCHES Signs on........................................................................... 925.3.16 Yard requirements ................................................................. 908.12 BUSES Parkingor storage of.............................................................. 920.3 C CAMPAIGN SIGNS, TEMPORARY Temporary civic campaign signs ..................................................... 925.3.11 Temporary political campaign signs ................................................. 925.3.12 Removal..'....................................................................0.... 925.3.13 CANALS.: See: WATERCOURSES, WATERWAYS CANOPY, MARQUEE OR AWNING SIGNS. See also: SIGNS Defined... •..... ..................................... ... 2502 Yard requirements',provisions re canopies....................................0..... 908.3 CARNIVALS Temporary special events Specialpermit required............................................................ 906.9 CAR SHELTER Defined............................................................................ 2502 CAR SPACES Defined............................................................................ 2502 CAR WASHES Conditions and safeguards in relation to special permits ........................... 931.1 Generally.................................................................... .. 931 Requirements for reservoir spaces, applying generally .............................. 931.2 CARPORT Defined............................................................................ 2502 CATERING SERVICES, Defined............................................................................. 2502 CBD STORAGE FACILITY Definition......................................................................... 2502 Limitations on facilities.......................................................... 939.2 CERTIFICATES OF APPROPRIATENESS HC-1 heritage conservation overlay district ........................................ 710 HC-2 heritage conservation overlay district ........................................ 711 CERTIFICATES OF USE Community based residential facilities 10771 277 Transferring certificate......................................................... 934.3 Granting of certificates in error Violations of ordinance not authorized by ........................................ 2108 Special permits Relation of special permits to certificates ...................................... 1302 Status of certificates issued prior to adoption or amendment of ordinance.......... 2105 Structures and uses to be as provided in ........................................... 2104 Zoning requirements, procedures, limitations and actions on certificates........... 2103 CHANGE OF OCCUPANCY OR CHANGE OF USE Defined............................................................................ 2502 CHILD DAY CARE CENTERS Access -if within residential district .............................................. 936.1 Defined............................................................ .............. 2502 Generally.......................................................................... 936 Location of buildings in specific district ......................................... 936.3 Minimum lot dimensions............................................................. 936.2 Outdoor play activities Limitation of location and hours for ............................................. 936.5 Indoor play area................................................................... 936.4 Outdoor play area............................................6...................... 936.5 CHURCHES Provisions re canopies and awnings Generally.......................................................................... 908.3 CITY COMMISSION Amendments City.Commission action on board reports .......................................... 2212 Failure of commission to act ................................................... 2213 Delaying recommendations to City Commission, etc ................................. 2207 Hearings of boards and report to City Commission ................................. 2208 2209 2210 Initiation of applications for amendments ........................................ 2202 Limitations on rezoning of property .............................................. 2214 Notice of public hearing required before recommendation to City Commission....... 2266 Reports and recommendations not to be binding upon City Commission............... 2211 Requirements concerning changes in original applications after processing begins. 2215 Zoning Board making recommendations to City Commission ........................... 2204 Dutiesgenerally................................................................. 2212 Major Use Special Permits Determinationsby City Commission ................................................ 1301.4 Duties and responsibilities of commission ........................................ 1700 et seq. Planning Advisory Board serving as advisory instrument to City Commission.......... 2208.2 Review of decisions of Zoning Board by commission Commissionpowers on review ...................................................... 2004 Filingrequest; payment of fees .................................................. 2002 Judicialreview.................................................................. 2005 Procedures generally............................................................. 2603 Status................................................................ ........ 2001 Who may file..................................................................... 2002 Sign provisions Decorations for special occasions ................................................ 925.3.3 SOspecial districts............................................................... 600.4 Zoning Board making recommendations to City Commission on proposed amendments...... 2208.1 CITY LIMITS Boundaries of zoning districts approximately following city limits ................. 303.3 CITY MANAGER Appointment of Zoning Administrator, etc ........................................... 2101.1 CLASSES OF SPECIAL PERMITS. See: SPECIAL PERMITS CLINIC, MEDICAL OR DENTAL Defined............................................................................ 2502 CLUBS OR LODGES 10771 Defined............................................................................ 2502 COCKTAIL LOUNGES Definition of "bar, cocktail lounge, etc." ......................................... 2502 COMBINATION OF USES Combination of uses in buildings or on premises .................................... 903.2 COMMERCIAL DISTRICTS. See also specific districts. Definitions of groupings of various districts ...................................... 400.1 Listing of districts............................................................... 400 COMMERCIAL VEHICLES Defined............................................................................ 2502 COMMISSIONS City Commission. See that subject. COMMUNITY BASED RESIDENTIAL FACILITY Certificate of use not transferable ................................................ 934.3 Generally..... .............................. ........ ........................ 934.11 2502 Location standards................................................................. 934.2.2.1 Official map and registration file ................................................. 934.2.1.1 Offstreet parking.................................................................: 934.2.2.5 Recreation open space .............................................. 934.2.2.2 Registration required............................................................ 934 2.1 .. Signs, limitations on .................................... ......................... 934.2.2.6 Special Exception required......................................................... 934.2.2. Yards for facilities with more than fifty occupants ................................ 934.2.2.3 COMMUNITY BULLETIN BOARDS. See: BULLETIN BOARDS COMPREHENSIVE (NEIGHBORHOOD) PLAN Intent and purpose of ordinance. ................................................... 120 Major Use Special Permits Permit shall be instrument for implementing changes in comprehensive plan, etc... 1700.: PD planned development districts Planned development (PD) districts Provisions're comprehensive plan ................................................. 500 Proposed amendments to zoning ordinance Relationship to comprehensive plan ............................................... 2210 Rezoning of land Conflicts with comprehensive plan ........................ ...................... 2209 SD Special districts Provisions re comprehensive plan ................................................. 600 CONFLICTS Rule concerning conflicts with other regulations ................................... 2302. CONFORMING LOTS. See: LOTS CONSTRUCTION Actual construction Defined.......................................................................... 2502 Nonconformities..See that subject. Temporary structures, occupancies and uses during .................................. 927 CONSTRUCTION EQUIPMENT Parking or storage :..........................................:. ................... 920.4 CONSTRUCTION SIGNS. See also: SIGNS Defined............................................................................ 2502 Generally.......................................................................... 925.3.8 SD-2 Coconut Grove central commercial district ..................................... 602.11.3 CONVALESCENT HOME Defined ... �......................................................................... 2502 CONVENIENCE ESTABLISHMENTS Accessory uses and structures...................................................... 906.7. 10771 279 c Self-service sales of motor fuels as accessory use at convenience'establishments. 906.8 Defined............................................................................ 2502 CORNERSTONES, MEMORIALS OR TABLETS Signprovisions.................................................................... 925.3.14 COURTS Generally.......................................................................... 907.8 COVENANTS Conflicts with other regulations, rule concerning ................................`.. 2302 CURBSIDE DELIVERY RECEPTACLES Signprovisions.................................................................... 925.3.15 CYCLES. See: BICYCLES D DANCING Adult,private dancing.............................................................. 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICES DAYCARE°CENTERS Childdaycare centers ................................ ................ ......... 936 et seq. See: CHILD DAYCARE CENTERS Defined........................................................................... 2502 .DEFINITIONS Citation to specific definitions................................................... 2501 General terms defined.............................................................. 2502 Generally.......................................................................... 2500 Grouping of various districts..............................6....................0.. 400.1 HCheritage conservation district .................................................. 701 Lots, yards and related terms ...................................................... 907 Major Use Special.Permits. ......................... ., ... .. ... ... .. 1701 ..... ... ... . Offstreet loading, detailed requirements ........................................... 923 Open space Definitions...................................................................... 2502 Planned development, generally ................................ ........ ..... . 501 Signs,. ... ......................... ....... ...........I.................... 925' Specific definitions ................................................ ............ 2502 Citation to specific definitions...... ........................................... 2501 Variance........................................................................... 1901 DEMOLITION HC heritage conservation districts Certificates of appropriateness Provisions re demolition of existing structures ................................ 705.3.2 DENTAL CLINIC Defined............................................................................ 2502 DEPARTMENT OF LAW. See: LAW DEPARTMENT DEPARTMENT OF PLANNING, BUILDING AND ZONING. See: DIRECTOR, DEPARTMENT OF PLANNING, BUILDING AND ZONING DESIGN. See also: ARCHITECTURAL DESIGN Accessory uses and structures Convenience establishments....................................................... 906.7 Offstreet loading facilities Design of........................................................................ 923 SD-6 Central commercial residential district Landscaping, parking prohibited, etc. standards .................................. 606.3.2 SD-11 Coconut Grove rapid transit district Parking, landscaping, etc. Design standards................................................................. 611.3.2 DETERMINATIONS CONCERNING USES NOT SPECIFIED 280 10771 Generally.......................................................................... 904 DEVELOPMENT SIGNS. See also: SIGNS Defined............................................................................ 2502 Generally. ......................................................................... 925.3.8 SD-2 Coconut Grove central commercial district Provisions re development signs .................................................. 602.11.3 DIRECTIONAL SIGNS. See also: SIGNS Defined............................................................................ 2502 Provisions generally............................................................... 925.3.5. SD-2 Coconut Grove central commercial district Provisions re directional signs .................................................. 602.11.4 DIRECTOR, DEPARTMENT OF PLANNING, BUILDING AND ZONING Amendments Hearings of boards and reports to City Commission ................................ 2208 Requirements concerning changes in original applications after processing begins. 2215 Appeals from decisions of director Availability of records.......................................................... 1805 Filing of appeals................................................................ 1801 Generally...................................................................6.... 1800 Setting hearing date; notice ..................................................... 1804 Statusof administrative decisions ............................................... 1801 Stayof proceedings .... ....................................................... 1803 Time limits on appeals........................................................... 1801 Transmittal of notice and records ................................................ 1802 Zoning Board; hearings, powers of board .......................................... 1806 Zoning Board; review of decision of .............................................. 1807 Class II Special Permits Decislonsof director............................................................ 1503.4 Appeals from................................................................... 1511 Determinations by director....................................................... 1301.2 Director arranging conference.................................................... 1503.3 Duties and responsibilities of director .......................................... 1502 et seq. Special Exceptions Duties and responsibilities of director .......................................... 1602 et seq. Recommendationson............................................................... 1301.4 Determinations concerning uses not specified ....................................... 904 Effect of findings by director ................................................... 904.2 Major Use Special Permits, final application Recommendations of director...................................................... 1702.1 Offstreet parking Deferral of portions of required improvements Actions by Planning, Building and Zoning department ............................ 917.8.2.2 Preservation of natural or archeological features Director determining standards to be met ......................................... 1510.2 SD Special districts Preparation of recommendations for creation of zoning districts .................. 600.4 Requirements concerning special approval ....................................... 600.4.4 DISPLAY STANDS AND CASES SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 DISPLAYS, OUTDOOR. See: OUTDOOR DISPLAYS, EXHIBITS, SALES, SERVICES, ETC. DISTRICTS Definitions of groupings of various districts ...................................... 400.1 District classifications added by amendment ........................................ 400.2 Listing of districts............................................................... 401 Official schedule of district regulations .......................................... 305 et seq. See: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS Official zoning atlas. See that subject. Specific regulations, requirements, etc. See specific districts as indexed. DOCKS Limitations on location and extension of docks in residential districts............ 924.1 DRAINAGE W14 10771 Special permits.................................................................... 1305.6 DRIVE-IN ESTABLISHMENTS (Drive-in banks, drive-in eating or drinking establishments, drive-in theaters, etc.) Conditions and safeguards in relation to special permits ........................... 931.1 Defined ................................................... ...................... 2502 Generally.................................,......................................... 931 Requirements for reservoir spaces, applying generally .............................6 931.2 DRIVES SD-3 Coconut Grove major streets overlay district .................................. 603.3.1 SO-10 Jackson Memorial Hospital overlay district Class II Special Permit Drives, parking, etc.............................................6............... 610.3.2 DRIVEWAYS SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 SO-6 Central commercial residential district Permitted accessory uses and structures .......................................... 606.5 SD-11 Coconut Grove rapid transit district Permitted accessory uses and structures .......................................... 611.5 Yard requirements Limitations of driveways .................................... .. ............... 008.8 Vision clearance at intersections at driveways with streets ...................... 908.9.2.2 DWELLINGS Buildings. See also that subject Definitions........................................................................ 2502 Structures. See also that subject E EASEMENTS Boundaries of zoning districts..................................................... 303.1, 303.2 Indicated as approximately parallel to or extensions of features ................. 303.E EFFECTIVE DATE OF ZONING ORDINANCE Designated ......................................................................... 2404 ELDERLY PERSONS Parking requirements for housing for ..................... ............... ... . 917.5. ELECTIONS Temporary campaign signs........................................................... 925.3.11 ELECTRICAL UTILITIES. See: UTILITIES EMBAYMENTS Defined ............................ :............................................... 2502 SD-8 Design Plaza commercial residential district .................................. 608.7.2 EMERGENCIES HC heritage conservation district Emergency conditions............................................................. 704.5 EMERGENCY AND PUBLIC SERVICE VEHICLES Special access for .................................. ............. ....... .... 905 1 1 ENFORCEMENT OF ZONING ORDINANCE Provisions generally............................................................ 2101 ESCORT SERVICES Adult escort service................................................................ 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICES EXCAVATIONS. HC heritage conservation districts Certificates of appropriateness 10771 282 No Construction, excavation, etc., in archeological zones ......................... 705.3.5 EXCEPTIONS, SPECIAL. See: SPECIAL EXCEPTIONS EXHIBITS, OUTDOOR. See: OUTDOOR DISPLAYS, EXHIBITS, SALES, SERVICES,•ETC. EXTENDED CARE FACILITY Definition of "nursing home," etc ............................................... 2502 FAIRS Temporary special events Special permit required............................................................ 906.9 FAMILY Defined............................................................................ 2502 " FEES AND CHARGES City Commission establishing and amending schedule of fees and charges ............. 220.1 Establishing schedule.............................................................. 2112 FENCES, WALLS, HEDGES AND ENCLOSURES Automotive service stations as principal uses Required walls adjacent to residential districts ................................. 930.4` SD-17 South Bayshore Drive overlay district Special limitations on walls, etc ................................................ 617.2.3 Yard requirements.................................................................. 908.6 FESTIVALS Temporary special events Special permit required.......................................................... 906.9 FLAGS, BANNERS, ETC. See also: SIGNS Decorative flags, bunting, etc., on.special occasions .............................. 925.3.3 Definition.......................................................................... 2502 National flags and flags of political subdivisions ................................. 925.3.2 Symbolic flags, award flags, house flags, generally ................................ 925.3A FLASHING SIGNS. See also: SIGNS Defined............................................................................ 2502 .Provisions re...................................................................... 925 et seq. FLEA MARKETS Defined... ................................................................ 2502 Limitations on.....................................................................`938.2 FLOOD CONTROL Flood level defined... ............. ............ ........ ................ 2502 FLOOR AREA Accessory uses and structures Convenience establishments....................................................... 906.7 Combinations of uses in buildings or on premises Different floor area ratios ...................................................... 903.2 Definitions ............. ...................................................... 2502 Variances Floor area ratio variances prohibited ............................................ 1901.1 FLOOR AREA LIMITATIONS SO-1 Martin Luther King Boulevard commercial district .............................. 601.7 SD-2 Coconut Grove central commercial district ..................................... 602.7 SO-4 Waterfront industrial district ................................................ 604.7 SO-5 Brickell Avenue area residential -office district .............................. 605.7 Permitted accessory uses and structures .......................................... 605.7.3 SD-6 Central commercial residential district................................6...... 606.7 Permitted accessory uses and structures Exemptions, inclusion in floor area computation, ............................... 606.5 -%n • reype�n,, SD-7 Central Brickell rapid transit commercial residential districts ............... 607.7 SD-8 Design Plaza commercial residential district .................................. 608.7 SD-11 Coconut Grove rapid transit district ......................................... 611.7 SO-12 Buffer overlay district...................................................... 612 SD-14 Latin Quarter commercial -residential district ................................ 614.3.5.2 SD-14.'1 commercial -residential district ........................................... 614.4.1 SD-14.2 Latin Quarter residential district ......................................... 614.5.1 $0-16, 16.1. 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.7 SO-17 South Bayshore Drive overlay district Exceptions to floor area ratio limitations ....................................... 617.2.2 FOOD AND FOOD ESTABLISHMENTS Automotive service stations as principal uses Vending machines for sale of food, drinks, etc ............... 4..................0 930.2.3 Drive-in establishments............................................................ 931 Restaurants Convenience establishments, accessory uses and structures ........................ 903.7.4 Defined ........................................ ......6................6....... 2502 SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 SD-6 Central commercial residential district Permitted accessory uses'and structures .......................................... 606.5 FOUNTAINS SD-6 Central commercial residential district Permitted accessory uses and structures Special requirements for fountains ..........:.............:.................... 606.3.2 FRATERNITY Defined...........::............................................................... 2502 G GARAGES Automotive service stations as principal uses ...................................... 930 Parking garages, limitations on as principal use ..................................: 919 GARDEN: CENTERS. See: HOME AND GARDEN CENTERS GROSS AREA Definitions........................................................ ................. 2502 GROSS FLOOR AREA 'Accessory uses and structures Convenience establishments....................................................... 906.7.1 GROSS' LAND AREA Minimum gross land area required for formation of district ......................... 502 GROUND SIGNS. See also: SIGNS Defined.......................................................................... 2502 GROUP HOMES FOR THE DEVELOPMENTALLY DISABLED Defined............................................................................ 2502 GUEST HOMES Definition of "tourist home," "guest home" .......................................... 2502 H HABITABLE ROOMS Defined ... ...................................................................... 2502 HANGING SIGNS. See also: SIGNS Defined...................................................4........................ 2502 HC HERITAGE CONSERVATION OVERLAY DISTRICTS (General Provisions) Certificates of appropriateness.................................................... 705 13 " Conditional uses and deviations .......... 4....... 6... 6.........6... 6........ 6.....• 706 Definitions........................................................................ 702 EffectofHC district designation..................................4.......4....... 701 Heritage conservation board, officer ................. 0............................. 703 Intent concerning creation of district ............................................. 700 Procedures for designation and adoption of district .......... 6..... 4.66..........6. 704 Amendments to existing districts; administration and enforcement in districts...... 707 NC-1 HERITAGE CONSERVATION OVERLAY DISTRICT Certificates of appropriateness...........................6........ 0............... 710.3 Effect of HC-1 overlay district .................................................... 710.2 Intent............................................................................. 710.1 HC-2 HERITAGE CONSERVATION OVERLAY DISTRICT Certificates of appropriateness.................................................... 711.3 Conditional uses................................................................... 711.4 Effect of HC-2 overlay district .................................................... 711.2 Intent............................................................................. 711.1 HEARINGS Amendments Changes in original applications prior and subsequent to notice of hearing, etc................................................................ 2215 CityCommission, hearings by ..................................................... 2212 Hearings of boards............................................................... 2208 Petition for variance from terms of ordinance ...................................... 1903 Special permit hearings............................................................ 1307 Class I Special Permits Informal notice and hearing .................................................... 1401 Class 11 Special Permits Informal notice and hearing .................................................... 1501 Major Use Special Permits, hearings .............................................. 1702 et seq. Zoning administrator and Director of Department of Planning, Building and Zoning Appeal from decisions of Hearings, hearing dates ........................................................ 1804, 18Q6 HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES HEIGHT LIMITS, RESTRICTIONS Aviationhazards ....................................... ........................... 915.2 Boathouses, height `of ........................................ ,..................... 924.1.1.1 Special Exceptions............................................................... 924.1.2 Broadcastingtowers.............................................................. 915.3 Excluded portions of structures.....................................................915.1 Heightregulations generally....................................................... 915 SD-2-Coconut Grove central commercial district ..................................... 602.9 Signs in district.................................................................. 602.11.1 SD-3 Coconut Grove major streets overlay district .................................. 603.9 SD-4 Waterfront industrial district ................................................ 604.9 SD-5 Brickell Avenue area residential -office district .............................. 605.9 SD-6 Central commercial residential district ....................................... 606.9 SO-7 Central Brickell rapid transit commercial residential districts............... 607.9 SO-8 Design Plaza commercial residential district .................................. 608.9 SD-11 Coconut Grove rapid transit district ......................................... 611.9 SD-12 Buffer overlay district...................................................... 612 SD-13 S.W. 27th Avenue gateway district ............................................ 613.9 SD-14 Latin Quarter commercial -residential district ................................ 614.3.6 SD-14.1 Latin Quarter commercial -residential district .............................. 614.4.1 SD-14.2 Latin Quarter residential district ......................................... 614.5.1 SO-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.9 SD-17 South Bayshore Drive overlay district ........................................ 617.2.4 Zoning affects height of buildings, etc ............................................ 210 HERITAGE CONSERVATION OVERLAY DISTRICTS. See also specific districts. Listing of districts................................................................ 400 HISTORIC STRUCTURES Heritage conservation overlay districts ............................................ 700 et seq. HOME OCCUPATIONS 1 0 '7'i 1 ,AlidN Accessory uses and structures...................................................... 906.5 Certificates of use Annual certificates for home occupations in residential districts ................ 2103.3 Defined.................................................................. ........ 2502 HOMES FOR THE DEVELOPMENTALLY DISABLED Defined.......................................................... ................ 2502 HORIZON ARC Defined............................................................................ 2502 HOTELS Apartment hotels Defined.......................................................................... 2502 HOUSING FOR LOW INCOME FAMILIES AND INDIVIDUALS Reduction in parking requirements for.....................................4........ 917.8 HOUSING FOR THE ELDERLY Parking requirements for........................................................... 917.6 I ILLUMINATED SIGNS Provisions re...................................................................... 926.5.2 Seer SIGNS IMPROVEMENTS Offstreet loading facilities....................................................... 922.1 Offstreet loading improvements Deferral of portions of total required improvements .............................. 922.6 Offstreet parking Application of City of Miami Guides and Standards to improvement of parking facilities..................................................................... 917.3 Deferral of portions of total parking improvements ............................... 917.8 SD-3 Coconut Grove major streets overlay district _ Class II Special Permit Relation of proposed improvements to natural features, etc ..................... 603.3.2 SD-5 Brickell Avenue area residential -office district Limitations on location, improvements and use .................................... 605.3.2 SD-7'Central Brickell rapid transit commercial residential districts Requirements and limitations on location, improvements and use ................... 607.3.2 SD-17 South Bayshore Drive overlay district Class II Special Permit Relation of proposed improvements to natural features, etc ..................... 617.3.2 INDUSTRIAL DISTRICTS. See also specific districts. Definitions of groupings of various districts ...................................... 400.1 Listing of districts............................................................... 400 INSTITUTION FOR THE AGED Defined........................................................................ 2502 INTENT OF ORDINANCE Provisions re...................................................................... 120 INTERPRETATION OF ZONING ORDINANCE Provisions generally............................................................... 2201, 2301 INTERSECTIONS SD-1 Martin Luther King Boulevard commercial district Limitations on uses near specified intersections of arterial streets ............. 601.4.1.1 Visibility obstructions. See also that subject Yard requirements Vision clearance at intersections .............................................. 908.11 IRREGULAR LOTS. See: LOTS 1 01771 11 JUNK YARDS Defined............................................................................ 2502 K KINDERGARTENS Defined............................................................................ 2502 KINETIC SCULPTURES SD-6 Central commercial residential district Permitted accessory uses and structures Special requirements for kinetic sculptures, fountains, etc .................... 606.3.2 KIOSKS. See: BULLETIN BOARDS KITCHEN FACILITIES Defined............................................................................ 2502 L LAKES. See: WATERCOURSES, WATERWAYS LANDSCAPING Accessory uses and structures Convenience establishments .. ................................................... 903.7.9 General requirements ..... ......... ......................... ........ .... 905 HC heritage conservation districts Certificate of appropriateness ` Removal or destruction of existing landscaped features ......................... 705.3.4 Offstreet parking facilities, landscaping of Application of City of Miami Guides and Standards to ............................. 917.3 PD planned development districts` Site planning, internal relationships Provisions re landscaping...................................................... 505 SD-3 Coconut Grove major streets overlay district Class II Special Permit Screening...................................................................... 603.3.2 SD-4 Waterfront industrial district Class II Special Permit Landscaping, screening and open space ............................................ 604.3.2 SD-5 Brickell Avenue area residential -office district Landscaping required............................................................. 605.8.3 SD-6 Central commercial residential district Landscaping and street furniture required ................................... ..... 606.8.3 Special requirements for landscaping ........................................... 606.8.3 SD-10 Jackson Memorial Hospital district Class II Special Permit.. ...... .. ..... .............. .. .......... 610.3.2 SD-11 Coconut Grove rapid transit district Landscaping requirements................................4........................ 611.3.2 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential district Landscaping required..................................................:.......... 616.8.3 SO-17 South Bayshore Drive overlay district Class II Special Permit Landscaping, screening and open space .......................................... 617.3.2 Yard requirements Landscaping requirements......................................................... 908.10 LAW DEPARTMENT Access for pedestrians and cyclists Reference of application to Department of Law .................................... 905.1.2 Offsite parking Approval of Department of Law .................................................... 918.5.1 LEASES Required offstreet parking Restrictions on lease or rental .................................................. 917.10 10'7"71 AN LICENSES Zoning conformity required prior to issuance ....................................... 2107 LIVING QUARTERS Defined............................................................................ 2502 LOADING Offstreet parking and loading. See that subject. LODGING HOUSE Definition of "rooming house," "lodging house" ..................................... 2502 LODGING UNIT Defined . ..........................,.................. ............................ 2502 LOTS Application of zoning ordinance .................................................... 210, 230 Automotive service stations as principal uses Minimum net lot or site dimensions ............................................... 930.1 Boathouses, boat slips, etc., as accessory uses in residential districts Provisions re lots.* ............................. 6 ......... 0............... ..... 924.1 Child care centers Minimum lot dimensions........................................................... 936.2 Conforming lots, defined........................................................... 2502 Creation of new lots, reduction of lot dimensions, etc. Application of zoning ordinance ................................................ 230 Definitions........................................................................°2502 •Divisions creating substandard lots .. ... .......................... .... .... 907.1 Access.... ... .. ..... ...... ............................ .. ... 908.2' Buildable area on the lot ....................................................... 907.9 Defined.......................................................................: 2502 Lot area, minimum; exclusions from computation .................................. 907 Lot coverage Defined.......................................................................... 2502 Nonconforming.lots................................................................. 1102 Regular lots Defined.......................................................................... 2502 Measurement of width............................................................. 908.1 SD-1 Martin Luther King Boulevard commercial district ,Minimum lot requirements......................................................... 601.7 SD-2 Coconut Grove central commercial district Minimum lot requirements . ..................................... ......... ... 602.6 SD-5 Brickell Avenue area residential -office district Minimum lot requirements........................................................ 6053 Permitted principal uses and structures Limitation as to location in buildings, on lots, etc ........................... 605.4.2 SD-6 Central commercial residential district Minimumlot requirements .......................................................... 606.6 Permitted principal uses and structures Special rules on limitation as to location of uses in buildings or on lots...:'. 606.4 SD-7 Central Brickell rapid transit commercial residential districts Minimum lot requirements......................................................... 607.6 SD-8 Design Plaza commercial residential district Minimum lot requirements.......................................................... 608.6 SD-11 Coconut Grove rapid transit district Minimum lot requirements......... I ...................... ..................... 611.6' SD-14 Latin .Quarter commercial -residential district Minimum lot requirements......................................................... 614.3.5.1 SD-14.1 Latin Quarter commercial -residential district Minimum lot requirements.........................................0............... 614.4.1 SD-14.2 Latin Quarter residential district Minimum lot requirements......................................................... 614.5.1 SD-16, 16. 1, 16.2 Southeast Overtown-Park Nest commercial -residential districts Minimum lot requirements......................................................... 616.6 Substandard lots Defined, prohibited............................................................... 2502. Yard where district boundaries divide lots ......................................... 908.13 Zoning district boundaries splitting lots ................................:......... 304 LOW INCOME FAMILIES AND INDIVIDUALS Reduction in parking requirements for housing for .................................. 917.6 M NAIL BOXES Yard requirements ............................................... ............. .. 908.12 MAJOR RECREATIONAL EQUIPMENT Parking, storage and occupancy..................................................... 920.2 MAJOR USE SPECIAL PERMITS., See: SPECIAL PERMITS MAPS. See: OFFICIAL ZONING ATLAS MARINE>,SERVICES Reduction in offstreet truck and trailer loading requirements Where marine services are directly available ..................................... 922.5 MARQUEE SIGNS. See also: SIGNS Defined. ........ ... ....... ......... ........ ... ...... 2502 " SD.2 Coconut�Grove•central commercial district Provisions re marquee signs ...................................................... '602 11.2 MASS TRANSPORTATION. See: TRANSPORTATION MASSAGE PARLORS Adultmassage parlors.............................................................. 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICE MEDICAL CLINIC Defined............................................................................. 2502 MEMORIALS Sign provisions re cornerstones, memorials or tablets .............................. 925.3.14 MINI WAREHOUSES Defined . ........................................................... 2502 MINIMUM.PROPERTY STANDARDS Defined:.................................................................. 2502' MOBILE:; HOMES Defined............................................................... ......:...... 2502 Definition of "dwelling............................................................. 2502 Parking and/or storage of certain vehicles ......................................... 920 ... ......... MOTELS Definitions....................................................................... 2502 MOTION PICTURE THEATERS Adult motion picture theaters...................................................... 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICES MOTOR FUELS, SALES OF Self-service sales Accessory use at convenience establishments ...................................... 906.8 MOTOR VEHICLE SALES. See: AUTOMOTIVE SALES AND SERVICES MOTOR VEHICLES AND TRAFFIC Canopies and awnings, provisions re yards Canopies over vehicular areas ...................................:................ 908.5.3 Car shelters..................................................................... 908.6 Car washes......................................................................... 931 Drive-in establishments............................................................ 931 Emergency and public service vehicles. See that subject. Offstreet parking and loading. See also that subject Parking. See also that subject Pedestrians. See also that subject SD-3 Coconut Grove major streets overlay district Class II Special Permit Drives, parking etc..........................................................4. 603.3 SD-4 Waterfront industrial district Class II Special Permit Drives, parking, etc........................................................... 604.3.2 Special limitations on vehicular ways, parking etc ..................6.......... 604.3.2 SD-6 Central commercial residential district Intent concerning traffic and pedestrian circulation ............................. 606.1.2 Special permits Pedestrian walkways.......................................6...................6 606.2.3.3 Special considerations on vehicular access to property ......................... 606.8.3 SD-7 Central Brickell rapid transit commercial residential districts Special permits Vehicular access and parking structures ........................................ 607.3.2 Signs. See also that subject. Sign on vehicles exempted generally..............................................'925.3.6 Sign vehicles Defined........................................................................ 2502 Permit required for............................................................ 925.3.6 Storage of vehicles not in operating condition Restrictions on, offstreet parking and loading areas ............................. 917.12 Yard requirements Vision clearance at intersections ................................................ 908.11 MULTIFAMILY USE Defined............................................................................ 2502 MUSEUMS SD-2 Coconut Grove central commercial district Additional wall sign for museums ................................................. 602.11.6 N NATURE FEATURES Preservation of natural features Class II Special Permit for ...................................................... 1510 SD-3-Coconut Grove major streets overlay district Class II Special Permit Protection of natural features ................................................... 603.3.2 Relation of proposed improvements to natural features ............................ 603.3.2 NATURAL OR ARCHEOLOGICAL FEATURES Class Il Special Permit for preservation of ........................................ 1510 NEIGHBORHOOD BULLETIN BOARDS. See: BULLETIN BOARDS NEWSPAPER BOXES Yard requirements.................................................................. 908.12 NIGHT CLUB Defined... .................................................................... 2502 NONCONFORMITIES Casual, temporary or illegal use Use does not establish nonconforming status ...................................... 1111 Completion within time limits established Construed as establishing nonconforming status ................................... 1101.6 Created by public taking or court order ............................................ 1101.2 Definitions generally.............................................................. 2502 Incompatibility with permitted uses Nonconforming uses specifically declared to be incompatible ...................... 1101.4 Intent ............................................. :............................... 1101 Lawful actions initiated prior to adoption or amendment of ordinance ............... 1101.6 Maintenance Unsafe nonconforming structures .................................................. 1109 Repairs and maintenance generally Nonconforming characteristics of use ............................................... 1107 Changes in....................................................................... 1107.1 1077.1 Signs............................................................................ 1107.2 Modification of district yard and lot coverage requirements Modification by Class II Special Permit ........................................ 1102. 1.1 One -family detached, one -family semidetached, two-family detached and multiple dwellings in districts permitting Use of single nonconforming lots for ........................................... 1102.1 Nonconforming signs Nonconforming characteristics of use generally ................................... 1107 Repair, removal of, etc .......................................................... 926.10 Nonconforming structures........................................................... 1106 Damage .. ............................................................. ....... 1106.2 Moving......................................................................... 1106.3 Unsafe nonconforming structures .................................................. 1109 Structural change, extension or expansion ........................................ 1106.1 Nonconforming uses of major structures or of structures and premises in combination................................................................. 1104 Destruction of major structure or structures ..................................... 1104.8 Discontinuance.... � ... .......................... ................. 1104.6 Enlargement, extension, alteration, replacement, etc., of structure .............. 1104.1 Extension of use in building manifestly designed for such use .................... 1104.2 Nonconforming use outside buildings ................... 6.......................... 1104.3 Special Exception for movement. .................................................. 1104.3 Special Exception for replacement or reconstruction Destroyed major structures containing nonconforming uses ... ................... 1104.9 Subdivision or structural additions .............................................. 1104.7 Signs.'See herein: Nonconforming Signs Special permit uses not to be deemed nonconforming ................................. 1101.7 Unsafe structures Unsafe nonconforming structures .................................................. 1109 NOTICE SIGNS. See also: SIGNS Defined............................................................................ 2502 Provisions generally............................................................... 925.3.5 NOTICES Amendments, notice of hearings.....................................6........ ....... 2206 Special permits, notices and hearings on .......................................... 1307 Variances, notice of hearings...................................................... 1903.2 NUDITY Adult entertainment or adult services .............................................. 937 NURSERY SCHOOL Defined............................................................................ 2502 NURSING HOME Defined .............................................................. ............ 2502 0 OFFICE USE Defined............................................................................ 2502 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS Adoption of schedule..................................0................I..... ..... 305 Official zoning atlas, provisions re schedule Amendment, unauthorized changes .................................................. 306 Authentication and location...................................................... 307 Final authority.................................................................. 308 Placement of schedule, authentication, etc ....................................... 306 Retention of earlier schedule................................0................... 309 OFFICIAL ZONING ATLAS Adoption........................................................................... 300 Boundaries of districts Boundaries that split lots or parcels Actions by Special Exception and limitations thereon ........................... 304 District regulations extend to all portions of districts surrounded byboundaries................................................................ 301 Rules where district designation not indicated ................................. 302 f HC,heritage conservation districts Proposed boundaries............................................................ 704.2.2.2 Uncertainty as to boundaries, rules .............................................. 303 Approximately following city limits ............................................ 303.3 Approximately following mean high water lines, centerlines of streams, canals, etc.................................................................. 303.4 Boundaries following centerlines of streets, alleys, etc ....................... 303.1 Boundaries indicated as approximately parallel to or extensions of features.... 303.6 Boundaries indicated as entering any body of water ............................. 303.5 Distances not -specifically indicated ........................................... 303.7 Zoning status of property...................................................0.6 303.1 Following boundaries of streets, alleys, rights -of -way, etc .................... 303.2 Variation between actual and mapped location ................................... 303.1 Zoning Board action In cases of remaining.uncertainty, conflicts ................................. 303.8 Community based residential facilities Official map................................................................6.... 934.2.1.1 Inset map Mapping special districts(SOs).................................................... 300.1 Official district schedule Replacement of, authentication, etc............ .................................. 310 Replacement of official zoning atlas, authentication, etc .......................... 310 Retention of earlier zoning maps....'.......................4................ .... 309 Schedule of district regulations Amendment; unauthorized changes .................................................. 307 Authentication and location...................................................... 306 Districts other than special districts; adoption ................................. 306 Finalauthority.................................................................. 308 Retention of earlier schedules ................................:.................. 309 Supplements....................................................... ... 300 Other supplements.............................................................. 300.3 OFFSITE;PARKING Generally............................................................ Maximum distance limitations....................................................... 918.1 Offsite parking where governmental action eliminates prior offstreet parking....... 918.3' Provisions for continuance or replacement of required offsite parking.............. 9183 OFFSTREET PARKING AND LOADING Accessory uses and structures Convenienceestablishments....................................................... 900 Application of zoning ordinance .................................................... 210,220,240 Calculation of parking'requirements related to number of seats ..................... 917.11 Combination of residential and office uses on the same premises Reduction in parking requirements for ............................................ 917.7 Community based residential facilities ............................................. 934.2.2.5 Deferral of portions of total required parking improvements By Special Exception for initial period; control of extensions ................... 917.8 Definitions........................................................................ 2502 General performance standards for offstreet parking facilities ..................... 917.1 General provisions for offstreet parking ........................................... 917 HC-2 residential -office heritage conservation overlay district ..................... 706.2.5 Housing for low income families and individuals Reduction in parking requirements for ............................................ 917.6 Housing for the elderly Parking requirements for by Class II permit...... ................................. 917.5 Intent concerning offstreet parking facilities ..................................... 917.1 Joint parking facilities for contiguous uses Special Exception required....................................................... 917.9 Limitations on use of offstreet parking and loading areas .......................... 917.12 Location, -improvement and landscaping of parking facilities Application of City of Miami Guides and Standards to ............................. 917.3 Offsite parking.................................................................... 918 Offstreet loading, detailed requirements and related definitions................... 923 Offstreet loading, general provisions .............................................. 922 Offstreet parking or loading space for one structure use not to be used to meet requirements for another Application of zoning ordinance .................................................. 220 Parking space' -standards ............................................................ 917.2 Required offstreet parking generally ............................................... 911.10 Restrictions on lease or rental .. .... ........ 917 10 . ................ ..... ... ............ . Restrictions on storage of 'vehicles not in operating condition .............:....... 917.12 Special, permits, considerations generally .......................................... 1306.2 SD-1 Martin Luther King Boulevard commercial district .............................. 601.10 SO-2-Coconut Grove central commercial district ................. ............. .:..... 602.10 SD-5 Brickell Avenue area residential -office district .............................. 605.10 Permitted accessory uses and structures Pedestrian loading areas and related parking ................................... 605.3.2 SD-6 Central commercial residential district ....................................... 606.10 Permitted accessory uses and structures Pedestrian loading areas and related parking ................................... 606.5 SD-7 Central Brickell rapid transit commercial residential districts ............... 601:10 SD-8 Design Plaza commercial residential district .................................. 608.10 SD-11 Coconut Grove rapid transit district ......................................... 611.10 SD-14 Latin Quarter commercial -residential district ................................ 614.3.7 SD-14.1 Latin Quarter commercial -residential district .............................. 614.4.1 SO-14.2 Latin Quarter residential district ......................................... 614.5.1 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.10 Substantial modification of existing facilities including ten or more spaces Class I Special Permits required ................................................. 917.4 Yard requirements Limitations of driveways and offstreet parking ................................... 908.8 OPEN SHELTERS SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 OPEN SPACES. See: YARDS AND OTHER OPEN SPACES ORDINANCES. See: ZONING ORDINANCES OUTDOOR ADVERTISING SIGNS. See: SIGNS OUTDOOR DISPLAYS, EXHIBITS, SALES, SERVICES, ETC. Accessory uses and structures Convenience establishments Limitations on displays........................................................ 906.7.6 Automotive service stations as principal uses Limitations on outdoor storage, displays, etc .................................... 930.2 Bulletin boards. See also that subject SD-5 Brickell Avenue area residential -office district Permitted accessory uses and structures .......................................... 605.5 SD-6 Central commercial residential district Permitted accessory uses and structures .......................................... 606.5 OUTDOOR PLAY AREAS Childday care centers....................................................... .... 936 5- OUTDOOR STORAGE Automotive, service stations as principal uses Limitations on outdoor storage ................................................... 930.2 OVERLAY DISTRICTS. See also specific districts. Listing of districts............................................................... 400 P PARCELS Zoning district boundaries splitting lots or parcels ............................... 304 PARKING Automotive service stations as principal uses Limitations on parking or storage of vehicles .................................... 930.2.5 Offstreet parking and loading. See also that subject. Open space and building spacing Parking and/or storage of certain vehicles Prohibited or limited in specified districts ....................................... 920 SD-3 Coconut Grove major streets overlay district .................................. 603.3.2 SD-4 Waterfront industrial district 10771 Class II Special Permit Drives,'parking, etc ................................................. ........ 604.3.2 SD-5 Brickell.Avenue area residential -office district Parking prohibited in required yards adjacent to streets ......................... 605.10.4 Permitted accessory uses and structures 'Bulk limitation or computation of parking requirements ......................... 605.5 Vehicular access and parking structures..............................6............. 607.3.2 SD-10 Jackson Memorial Hospital overlay district Class II Special Permit Drives, parking, etc........................................................... 610.3.2 SD-11 Coconut Grove rapid transit district Floor area limitations Allowable increase in floor area for underground parking, etc .................. 611.7.1 Minimum yards, pedestrian open space, etc. Parking prohibited in required yard adjacent to streets ........................ 611.8.3 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial residential districts.... 616.10 Parking prohibited in required yards and setbacks adjacent to public ...._rights -of -way ............................ .................. . .............. 616.8.3 SD-17 South Bayshore�Drive overlay district Floor area limitations Allowable increase in floor area for parking ................................... 617.2.261 limitations on parking in special yards ...................................•..•. 617.2.3 Underground and/or enclosed parking SD-2 Coconut Grove central commercial district Allowable increase in floor area for buildings providing certain supporting uses......................................................................... 602.7.2 PARKING GARAGES Limitationson as principal use .................................................... 919 SD-5 Brickell Avenue area residential -office district Parking garages as a principal use ............................................... 605.4.3 PARKS AND RECREATION Accessory uses and structures Permanent active recreation facilities Accessory uses in residential districts, special permits ....................... 906.6 Community based residential facilities Recreation open spaces........................................................... 934.2.2.2 SD-17•,South Bayshore Drive overlay district Class II Special Permit Relation of proposed improvements to recreation areas, etc ....................... 617.3.2 Yard requirements Swimming pools, tennis courts and other active recreational -facilities........... 908.14 PD PLANNED DEVELOPMENT DISTRICTS Accessory uses and structures permitted generally .................................. 504.2 Application of regulations......................................................... 500 Convenience establishments......................................................... 504.2 Definition of "planned development.................................................. 501 Increases or reductions in required minimum area ................................... 502 Intent............................................................................. 500 Heightlimitations.................................................................. 505.1 Minimum area, maximum densities and maximum floor areas permitted .................. 502 Public utilities, facilities and services Relationto...................................................................... 501 PD planned development district, generally ......................................... 501 Principal and accessory uses and structures permitted generally Planned development housing districts.........................4.................. 504.1 Procedures.......................................................................... 503 Relation of PD regulations to general zoning, subdivision or other regulations..... 503 Sign limitations................................................................... 505.2, 505.3 Site planning, internal relationships ............................................ 500 Uses adjacent to residential districts, generally.... I ............................. 505 PEDESTRIANS Access for pedestrians and cyclists Authorized by Class I special permit ............................................. 905.1.2 Pedestrian entry shelters.......................................................... 908.5.2 Permitted principal uses and structures Provisions re pedestrian streets ................................................. 602.4 Special permits Considerations, pedestrian street frontages .................................... 602.4.1 SD-2 Coconut Grove central commercial district Minimum floor area requirements Open space..................................................................... 602.2.7 SD-5 Brickell Avenue area residential -office district .Open space and plaza areas ........................................................ 605.8.4 Permitted accessory uses and structures Pedestrian loading areas ....................................................... 605.5 SD-6 Central commercial residential district Building spacing................................................................. 606.3.2 Intent concerning traffic and pedestrian circulation ............................. 606.1.1 Pedestrian open space, special requirements concerning plazas .................... 606.8.4 Pedestrian through block connections ............................................. 606.8.5 Special permits Pedestrian walkways.............................................................. 606.4.1 SD-7 Central Brickell rapid transit commercial residential districts Minimumpedestrian open space .................................................... 607.8 Principal uses permitted on ground floor frontage of pedestrian streets.......... 607.4.1 Special permits ,Special considerations on pedestrian streets ................................... 607.4.1.1 SO-11 Coconut Grove rapid transit district Floor area limitations Allowable increase in floor area for pedestrian overpass, etc .................. 611.7.1 Pedestrian open space, provisions re generally ................................... 611.8 Pedestrian loading areas ............................................. ..........`611.3.2 Permitted accessory uses and structures .......................................... 611.4..2 SD-14 Latin Quarter commercial -residential district Principal uses permitted except on ground floor frontage of pedestrian streets... 614.3.2.2 Principal uses permitted on ground floor frontage of pedestrian streets.......... 614.3.2.1 Special considerations on pedestrian street frontages ............................ 614.3.1 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts Pedestrian open space.............................................:.............. 616.8 Through block connections........................................................'616.8.4.4 Special rules concerning extent and location of certain uses on ground floor frontage of pedestrian streets ............................................. 614.3.2.3 Yards, provisions re canopies or awnings pedestrian open space in required yards... 906.5.3 PENALTIES Penalties for violations........................................................... 2110 See also: VIOLATIONS PENNANT OR STREAMER SIGNS. See also: SIGNS Defined........................................................................... 2502 PERMITS Building permits. See that subject. Construction permits, Major Use Special Permit provisions .......................... 1705 Sign permits....................................................................... 925.2 Seer SIGNS Special permits. See that subject. PERMITTED ACCESSORY USES AND STRUCTURES PDplanned development districts ................................................... 504 SO-2 Coconut Grove central commercial district ..................................... 602.5 SD-5.Brickell Avenue area residential -office district .............................. 605.5 SD-6 Central commercial residential district ....................................... 606.5 SD-7 Central Brickell rapid transit commercial residential districts ............ ... 607.5 SD-11 Coconut Grove rapid -transit district ......................................... 611.5 SD-14 Latin Quarter commercial -residential district ................................ 614.3.3 SD-14.1 Latin Quarter commercial -residential district .............................. 614.4.1 SD-14.2 Latin Quarter residential district...................................0..... 614.5.1 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.5 PERMITTED PRINCIPAL USES AND STRUCTURES PDplanned development districts ................................................... 504 Orientation of permitted uses and structures ........................................ 908.1 PETITIONS Appeals for variance from terms of ordinance �.a77:1 Time limitations on refiling of petition ......................................... 1905 Written petition................................................................. 1903.1 Fees and charges for filing, etc ................................................... 2112 PICTURETHEATERS Adult motions picture theaters ............... ..:. ...........6................... 937 See also: ADULT ENTERTAINMENT OR ADULT SERVICES PIERS Provisions re piers, docks, wharves, etc ........................................... 924 PLANNED DEVELOPMENT (PD) DISTRICTS. See: PD PLANNED DEVELOPMENT DISTRICTS (Generally) PLANNED SHOPPING CENTERS. See: SHOPPING CENTERS PLANNING ADVISORY BOARD Amendments Applying for amendments.......................................................... 2202 Changes,during board's consideration ............................................. 2215.3 Changes subsequent to notice of hearing .......................................... 2215.2 City.Commission action on board's reports ........................................ 2212 Failure of commission to act on recommendation of board ........................ 2213 Consideration by board........................................................... 2202.2 Determination of board's jurisdiction.... ...... ....... 2205.1 .Hearings of board and reports to City Commission ................................. 2203, 2208 ,,,Nature and requirements of board's report to City Commission ................... 2210 Notice of public hearing.... ................................................. 2206' Referral of applications to Advisory Board for proposals ......................... 2207 ..,.Status of board's reports,and recommendations .................................... 2211 Submission of applications for amendments ....................................... 2202.3 Duties. .general.ly.......................... ............................ ......... . 2201 Major Use Special Permits Final: application, duties of Planning Advisory Board ............................. 1702.6 SD ;.special, district Board preparing recommendations for creation of districts ........................ 600.4 PLANNING DEPARTMENT. Seer DIRECTOR, DEPARTMENT OF PLANNING, BUILDING AND ZONING PLAZAS SD-5 Br.ickell Avenue area residential -office district Openspace and plaza areas ................................... I................... 605.8.4 SD-6 Central commercial residential district Pedestrian open space, special requirements concerning plazas .................... 606.4.2 Permitted accessory uses and structures Location of pedestrian circulation, plazas, etc ................................ 606.5 Principal uses permitted on ground floor frontage on plazas ...................... 606.4.2 Special permits Provisions re plazas........................................................... 606.8.3.1 SD-7.Central Brickell rapid transit commercial residential districts Provisions re plazas............................................................. 607.8.2 Special permits Special considerations on plazas ............................................... 607.3.2 SD-6 Central commercial residential district................................4...... 606.4.1.1 POLITICAL SIGNS. See also: SIGNS Temporary civic campaign signs ..................................................... 925.3.11 Temporary political campaign signs ................................................. 925.3.12 Removal....... .............. ...................................... 925.3.13 PORCHES AND ENTRIES Yard requirements.................................................................. 908.4 POPULATION DENSITY Zoningaffects..................................................................... 210 PRINCIPAL PERMITTED USES AND ACCESSORY USES Automotive service stations as principal uses ...................................... 930 HC-2 heritage conservation overlay district ........................................ 711.4 Parking garages, limitations on as principal use ................................... 919 SD-1 Martin Luther King Boulevard commercial district .............................. 601.4 SD-2 Coconut Grove central commercial district ..................................... 602.4, 602.5 SD-5 Brickell Avenue area residential -office district .............................. 605.4, 605.5 SO-6 Central commercial residential district ....................................... 606.41 606.6 SO-7 Central Brickell rapid transit commercial residential districts ............... 607.4, 607.5 SD-8 Design Plaza commercial residential district .................................. 608.4 SD-9 Biscayne Boulevard North overlay district ..................................... 609.4 SO-11 Coconut Grove rapid transit district ......................................... 611.4, 611.5 SO-13 S.W. 27th Avenue gateway..............................................6..... 613.4 tb-14'Latin Quarter commercial -residential district ................................ 614.3.2 SO-14.1 Latin Quarter commercial -residential district .............................. 614.4.1 SO-14.2 Latin Quarter residential district ......................................... 614.5.1 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.4, 616.5 PRINCIPAL USES AND STRUCTURES PDplanned development districts ................................................... 504 Permitted principal uses and structures. See that subject. PROJECTING SIGNS. See also: SIGNS Defined............................................................................ 2502 SD-2 Coconut Grove central commercial district Provisions re projecting signs.......... ...................................... 602.11.2 PROPOSED IMPROVEMENTS. See: IMPROVEMENTS PUBLIC OR PRIVATE PROPERTY LINES Boundaries of zoning districts..................................................... 303.2 Indicated as approximately parallel to or extensions of features ................. 303.6 PUBLIC.SERVICE VEHICLES. See: EMERGENCY AND PUBLIC SERVICE VEHICLES PUBLIC UTILITIES. See: UTILITIES PURPOSE OF'ORDINANCE Provisions re...................................................................... 120 Q QUICK COPY SERVICES Defined........................................................................... 2502 71 RAIL SERVICES Reduction in offstreet truck and trailer loading requirements Where rail services are directly available ......................................... 922.5 REAL ESTATE SIGNS. See also: SIGNS Defined............................................................................ 2502 Provisionsgenerally................................................................ 925.3.7 SD-2 Coconut Grove central commercial district Provisionsre real estate signs .................................................... 602.11.3 REAR YARDS. See: YARDS AND OTHER OPEN SPACES RECORDS OF OFFICIAL ADMINISTRATIVE ACTIONS, ETC. Generally.......................................................................... 2111 RECREATION. See: PARKS AND RECREATION RECREATION SPACE (Residential uses) Defined............................................................................ 2502 RECREATIONAL EQUIPMENT Parking and/or storage of certain vehicles..... ..................................... 920.2 REFUSE AND SERVICE AREAS Special permits..................................................................... 1305.3 REGISTRATION Community based residential facilities 10771 NO Registration requirements........................................................ 934.2 ' REGULAR LOTS. See: LOTS REMEDIES. See: VIOLATIONS RENTALS Automotive service stations as principal uses Truckand trailer rental units ................................................... 930.2.4 Required offstreet parking Restrictions on rental........................................................... 917.10 REPEALS Repeal of Ordinance No. 9500, as amended ........................................... 100 Authority...................................................................... 110 RESCUE MISSION Defined............................................................................ 2502 RESIDENCE HOTELS Defined............................................................................ 2502 RESIDENTIAL DISTRICTS. See also specific districts. Definitions of groupings of various districts ...................................... 400.1 Listing of districts............................................................... 400 RESTAURANTS Accessory uses and structures Convenience establishments Limitations on location of offstreet parking for restaurants ................... 906.7.7 Limitations on size of, applications for restaurants ............I ............... 906.17.4 offstreet loading facilities for restaurants ................................... 906.7.8 Defined............................................................................ 2502 Drive-in eating or drinking establishments ......................................... 931 See: DRIVE-IN ESTABLISHMENTS . REVOLVING OR WHIRLING SIGNS. See also: SIGNS Defined............................................................................ 2502 REZONING. See also: AMENDMENTS HCheritage conservation districts...... ............................... ........... 704 Limitations on rezoning of property, application for amendment to zoning ordinance.............................................................. 2214 Planned development (PO) districts ................................................. 500 et seq. RIGHTS -OF -WAY Boundaries of zoning districts..................................................... 303.1,,303.2 Indicated as approximately parallel to or extensions of features ................. 303.6 RIVERS. See: WATERCOURSES, WATERWAYS .ROOF SIGNS. See also: SIGNS New roof signs prohibited.......................................................... 926.2 ROOMING HOUSES Defined..................................................................... ...... 2502 S SALES Christmas tree sales; holiday sales... ........... ....... *­# ............ *.. 932 SALOONS Definition of "bar, saloon, etc." .................................................. 2502 SAVING CLAUSE Provisions re saving clause of zoning ordinance .................................... 2402 SCHEDULES Official schedule of district regulations .......................................... 306 et seq. See% OFFICIAL SCHEDULE OF DISTRICT REGULATIONS SCREENING. See also. FENCES, WALLS, HEDGES AND ENCLOSURES SD-3 Coconut Grove major streets overlay district Landscaping, screening and open space ............................................ 603.3.2 SD-4 Waterfront industrial district Landscaping,.screening and open space ............................................ 604.3.2 SD-10 Jackson Memorial Hospital overlay district Class II Special Permit.......................................................... 610.3.2 SD-17 South Bayshore Drive overlay district Landscaping, screening and open space......................................I...... 617.3.2 SPECIAL (SD) DISTRICTS (Generally) Adoption of SD amendments, procedures for .......................................... 600.5 Effect of district designation..................................................... 600.2 Intent........................................................................... 600 Mapping .......•.............................................................I... 300.1 Recommendations for specific SD zoning Preparation of; contents .............................. 6............. Requirements for specific SO districts. See specific districts as indexed SD-1 MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT Fixed,yard requirements............................................................ 601.8. Floor area limitations............................................................. 601.7 Intent...............................................:............................. 601.1 Minimum lot requirements ...................................................... 601.6 ..... Offstreet parking and loading requirements, minimum ................................ 601.10 Open space requirements............................................................ 601.8 Principal uses and structures...................................................... 601.4 SD-21COCONUT GROVE CENTRAL COMMERCIAL DISTRICT Floor area limitations ............................................... ............. 602.7 Height limits ....................................... ............................... 602.9 Intent............................................................................. 602.1' Lot requirements, minimum.......................................................... 602.6 Offstreetparking, minimum......................................................... 602.10 Open space requirements, minimum.......................................I......:..... 602.8 Permitted accessory uses and structures ............................................ 602.5` Principal permitted uses and structures ............................................ 602.4 Signs, limitations on.............................................................. 602.11 Specialpermits ........ ........ ..................................................... 602.3 SD-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT Class it Special Permit.... ..................... e ............................. 603.3 Effect of SD-3 district designation................................................`603.2 Intent............................................................................. 603.1 Special heightlimits......................................................... .... 603.9 SO-4 WATERFRONT INDUSTRIAL DISTRICT ClassII permit.................................................................... 604.3 Effect of SD-4 district designation ................................................ 604.2 Intent........................................................................... 604.1 SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT Floor area limitations.............................................................. 605.7 Height limitations................................................................. 605.9 Intent............................................................................ 605.1 Lot requirements, minimum.......................................................... 605.6 Offstreet parking and loading ...................................................... 605.10 Urban open plaza................................................................... 605.8.4 Permitted accessory uses and structures ............................................ 605.4 Permitted principal uses and structures ............................................ 605.4 Sign limitations................................................................... 605.11 Special permits....................................................................605.3 Through block connections.......................................................... 605.8.5 Waterfront walkways................................................................ 605.8.6 Yards, minimum..................................................................... 60548.1 SD-6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT Floor area limitations............................................................. 606.7 10771 :. i ° k' Height limitations................................................................. 606.9 Intent............................................................................. 606.1 Lot requirements, minimum.......................................................... 606.6 Offstreet parking and loading ...................................................... 606.10 Open space requirements, minimum ................................................... 606.8 Permitted accessory uses and structures ............................................ 606.5 Permitted principal uses and structures ............................................ 606. Signs, limitations on.............................................................. 60611 Special permits.................................................................... 606.3 SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICTS Floor area limitations............................................................. 607.7 Height limitations................................................................. 607.9 Intent............................................................................. 607.1 Lotrequirements, minimum.......................................................... 607.6 Off-street parking and loading ..................................................... 607.10 Permitted accessory uses and structures ............................................ 607.5 Permitted principal uses and structures ............................................ 607.4 Plazas.............•.............................................................. 607.8.3 Setbacks, pedestrianopen space .................................................... 607.8 Signs, limitations on.............................................................. 607.11 Special permits.................................................................... 607.3 Theaters........................................................................ 607.8.5 Through block connections.......................................................... 607.8.4 Yards, minimum........................•............................................. 607.8.1 SD-8 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT Floor area limitation.............................................................. 608.7 Height, maximum .................................................................... 608.9 Intent............................................................................. 608.6 Lot requirements, minimum.......................................................... 608.6 Offstreet parking, minimum......................................................... 608.10 Open space requirements, minimum.. .......................................... . 608.8 Permitted principal uses and structures ............................................ 608.4 Size, limitations on............................................................... 608.7. SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT ClassII permits..... .................... ........... ........ 609.3 Effect of SD-9_district designation ................................................ 609.2 Intent............................................................................. 609.1 Permitted principal uses and structures ................... :........................ 609.4 SD-10 JACKSON MEMORIAL HOSPITAL OVERLAY DISTRICT Class II Special Permit............................................................ 610.3 Effect of SD-10 designation..... ............................................ .. 610.2 Intent............................................................................. 616.1 Special rules concerning computation of parking requirements ..:.................... 610.4 SD-11 COCONUT GROVE RAPID TRANSIT DISTRICT Floor area limitations............................................................. 611.7 Height limitations................................................................. 611.9 Intent............................................................................. 611.1 Lot requirements, minimum.......................................................... 611.6 Offstreet parking, minimum......................................................... 611.10 Pedestrian open space.............................................................. 611.7 Permitted accessory uses and structures ............................................ 611.5 Permitted principal uses and structures ............................................ 611.4 Signs, limitations on.............................................................. 611.11 Special permits.................................................................. 611.3 Yards, minimum..................................................................... 611.8 SO-12 BUFFER OVERLAY DISTRICT Criteria for SD-12 designation..................................................... 612 Effect of SD-12 district designation ............................................... 612 Intent............................................................................. 612 SD-13 S.W. 27TH AVENUE GATEWAY DISTRICT Class II Special Permit............................................................ 613.3 Floor area limitations............................................................. 613.7 Intent............................................................................. 613.1 1 10 V- I Height, maximum.................................................................... 613.9 Lot requirements, minimum.......................................................... 613.6 Minimum open space requirements.................................................... 613.8 Offstreet parking, minimum......................................................... 613.10 Permitted principal uses and structures ............................................ 613.4 Signs, limitations on.............................................................. 613.11 SD-14, 14.1, 14.2 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND RESIDENTIAL DISTRICTS Commercial -residential district (SD-14) Floor area limitations............................................................. 614.3.5.2 Height limitations................................................................. 614.3.6 Lot requirements,.minimum................•.......................................... 614.3.5.1 Off-street parking and loading ..................................................... 614.3.7 open space requirements, minimum ................................................... 614.3.5.3 Permitted principal uses and structures...........................................:.614:3:2 Permitted accessory uses and structures ............................................ 614.3.3 Signs, limitations on.............................................................. 6143.8 Special consideration on pedestrian street frontages ............................... 614.3.1 Commercial -residential district(SD-14.1).......................................... 614.4 Intent............................................................................. 614.1 Residential district(SD-14.2)..................................................... 614.5 Special permits.................................................................... 614.2 SD-16,<16.1, 16.2 SOUTHEAST OVERTOWN/PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT Arcades............................................................................ 616.8.1 Floor area limitations............................................................. 616.7 Gateway features................................................................... 616.8 Height limitations................................................................. 616.9 Intent............................................................................. 616.1 Lot requirements, minimum.......................................................... 616.6 Off-street parking and loading ..................................................... 616.10 Permitted accessory -uses and structures ............................................ 616.5 Permitted principal uses and structures..........................................:.'616.4 Setbacks .......... ........................................ .........................`616.8 Signs, limitations on............................................................... 616.11 Yards, minimum..................................................................... 616.8 SD-17 SOUTH DAYS06RE DRIVE OVERLAY DISTRICT Class II Special Permits........................................................... 617.3 Effect of SO-17 district designation .... ........... ............................. 617.2 Intent.............................................................................. 617.1 SD-18 MINIMUM LOT SIZE DISTRICT Intent........................................................................... 618.1 Effect of SD-18 district designation ...................... SO-19 DESIGNATED F.A.R. OVERLAY DISTRICT Intent............................................................................. 619.1 Effect of SO-19 district designation ............................................... 619.2 SELF-SERVICE SALES OF MOTOR FUELS Accessory use at convenience establishments ........................................ 906.8 SEMITRAILERS Parking or storage of................................................6............. 920.3 SEVERABILITY Severabiiity of zoning ordinance provisions ........................................ 2403 SERVICE FACILITIES SD=6 Central commercial residential district Permitted accessory uses and structures ........................................... 606.5 SERVICE STATIONS Automotive service stations as principal uses ...................................... 930 See also: AUTOMOTIVE SERVICE STATIONS . SETBACKS 10771 a Defined............................................................................ 2502 SD-6 Central commercial residential district ....................................... 606.8.2 Parking prohibited in required yards and setbacks adjacent to street ............. 608.8.1 SD-7 Central Brickell rapid transit commercial residential districts Minimum yards, setbacks, etc ..................................................... 607.8 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts Minimum yards, setbacks, etc.............................4.....................6. 616.8.1 SEXUAL ACTIVITIES Adult entertainment or adult services..........................................4... 937 SNORT TITLE Short title of zoning ordinance .................................................... 130 SIDE YARDS. See: YARDS AND OTHER OPEN SPACES SIDEWALKS. See: STREETS AND SIDEWALKS SIGNS Accessory uses and structures, convenience establishments Limitations on signs .... ................................... .... ........... . 906.7.6. Address signs............................................................6...... 925.305 Defined ....... ................................................................... 2502' Advertising establishments, commodities or services no longer on premises Offsite signs . ..... ........................................................... 926.10.4 Onsite signs advertising......................................................... 926.10.3 Advertising signs Defined....... ....... ........................................I........ ... 2502 Animated signs• Defined.......................................................................... 2502 Application of zoning ordinance.................................. .................. 2I0, 240 Area.,of signs Defined.......................................................................... 2502 Outdoor advertising signs, limitation on sign area................................ 926.15.1 Awnings, signs .............................................. .....................'926.1 Banner sign Defined....................................................................... 2502 Blocking egress, light or ventilation .............................................. 926.5 Bulletin boards. See also that subject Community or neighborhood bulletin boards, kiosks ................................ 9253.10 Defined......................................................................... 2502 Bus shelters, benches, etc. Signs on......................................................................... 925.3.16 Campaign signs, temporary.......................................................... 925.3.11 Canopy, marquee or awning signs Defined.......................................................................... 2562 Community based residential facilities Signlimitations................................................................. 934.2.2.6 Concealing of structural members of signs .......................................... 926.11' Construction signs ..................................... ......................... 925.3.8 Defined............................................................... :.......... 2502' Development signs when combined with ............................................. 925.3.8 Signs misleading as to zoning status of property ................................. 926.5.1 Cornerstones, memorials or tablets ................................................. 925.3.14 Curbside delivery receptacles Approval required, permits, etc .................................................. 925.3.15 Decorative flags, bunting and other decorations on special occasions ............... 925.3.3 Decrepit or dilapidated signs ...................................................... 926.10.2 Definitions........................................................................ 2502 Development signs Defined.......................................................................... 2502 Signs misleading as to zoning status of property ................................. 926.5.1 When combined with construction signs ............................................ 925.3.8 Directional signs.................................................................. 525.3.5 Embellishments Limitations on projections of embellishments ..................................... 926.15.1 Limitations on sign area, including embellishments ............................... 926.15.1 Erection or maintenance of unauthorized signs prohibited ........................... 240 Exemptions. See within this subheading: Permits Flags, banners, etc. J l 1 - J e-, Decorative flags, bunting, etc ................................................... 925.3.3 Definition....................................................................... 2502 National flags and flags of political subdivisions ............................... 92563.2 Symbolic flags, award flags, house flags ......................................... 925.3.4 Weather flags.................................................................... 925.3.17 Fleshing signs Defined... 6 ............... d ...... 6 ............................................... 2502 Limitations on ........................................................ ......... 926.5.2 Prohibited in certain transitional areas adjacent to residential districts........ 926.5.2 Flat signs. See within this subheading: Wall or Fiat Signs Generally......................................................6.................... 925: Governmental jurisdictions Signserected by or on order of .................................................. 925.3.1 Ground'or freestanding signs Defined.......................................................................... 2502 Groundsigns........................................................... _ ......... 926.3 Hanging signs Defined............................................6...................4........ 2502 Hazards, signs creating............................................................ 926.8 Illuminated signs Defined.................................................................. ...... 2502 Limitations on....................................................................926.5.2 Kiosk....................................................................... 925.3.10 Defined.... ...................................................... ..... ...... 2502 Limitations on wording and illumination of signs ................................... 926.5 Limited access highways and expressways Outdoor advertising signs Limitations on location, orientation of in relation to ......................... 926.15.2 Maintenance of unauthorized signs prohibited........................................,240 Marquee signs ............................................. I......................... 926.1 Nonconforming signs "Prohibition against repair or replacement ........................................ 926.10 Nonconformities Nonconforming characteristics of use, signs ............................. ......... .1107,.2 Notice, directional and warning signs Defined...................................................... ................... 2502, _ Notice signs........................................................................925.3.5 Number of signs Defined.......................................................................... 2502 Obsolete advertising matter Offsite signs bearing... 6 ........................................................ 926.10.4 Onsite signs advertising establishments, commodities, etc., no longer on premises................................................................. 926.10.3 Offsite signs Bearing obsolete advertising matter .............................................. 926.10.4 Defined.......................................................................... 2502 Onsite signs Defined.......................................................................... 2502 Signs advertising establishments, commodities or services no longer on premises.................................................................. 926.10.3 Outdoor advertising business, outdoor advertising signs Defined.......................................................................... 2502 Outdoor advertising signs.......................................................... 926.15 Pedestrians Sign placement impeding pedestrian traffic ....................................... 926.8 Pennant or streamer sign Defined.......................................................................... 2502 Prohibition against........................:..................................... 926.8 Permits Applications for................................................................. 925.2 Curbside delivery receptacles, permit for ........................................ 925.3.15 Exemptions from permit requirements .............................................. 925.3 Identification required to be on sign ............................................ 925.2.1 Required for signs except those exempted ............................. 9............ 925.2 Classes of signs and activities in relation to signs exempted .................. 925.3 Sign vehicles, permit required for ............................................... 925.3.6 Political signs Temporary civic campaign signs ................................................. 925.3,11 Temporary political campaign signs ............................................. 925.3.12 Removal............................................................................ 925.3.13 MI Political subdivisions, flags of....................4.............................. 925.3.2 Projecting signs................................................................'... 926.1 Defined.......................................................................... 2502 Outdoor advertising signs Limitations on projections of embellishments ................................... 926.15.1 Real estate signs.................................................................. 925.3.7 Defined.......................................................................... 2502 Signs misleading as to zoning status of property ................................. 926.5.1 Removal, repair or replacement of certain signs .................................... 926.10 Revolving or whirling signs Defined.......................................................................... 2502 Prohibition against.............................................................. 926.6 Roof signs......................................................................... 926.2 Defined.......................................................................... 2502 SD-1 Martin Luther King Boulevard commercial district Signlimitations ........................................... ................. 601.3.2 SD-2 Coconut Grove central commercial district Signlimitations................................................................. 602.11 SD-5'Brickell Avenue area -residential -office district Signlimitations................................................................. 605.11 SD-6 Central commercial residential district Permitted accessory uses and structures Special requirements for signs ................................................. 606.3.2 Sign`limitations................................................................. 606.11. SD-7 Central Brickell rapid transit commercial residential districts Signlimitations................................................................. 607.11 SO-8 Design Plaza commercial residential district Signlimitations................................................................. 608.11 SD-11 Coconut Grove rapid transit district Sign limitations...............................................................611.11 SD-14 Latin Quarter commercial -residential district Signlimitations................................................................. 614.3.8 SD-14.1 Latin Quarter commercial -residential district Signlimitations................................................... ........... 614.4.1 SO-14.2 Latin Quarter residential district Sign:limitations................................................................. 614.8 Offsite signs prohibited......................................................... 614.3.3.10 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts Signlimitations................................................................. 616.11 Sign structures Oefined.......................................................................... 2502 Sign vehicles. See herein: Vehicle Signs Special permits Signs and lighting............................................................... 1305.4 Specificlimitations and requirements .............................................. 926 Symbolic, award flags, house flags or banners Defined.......................................................................... 2502 Temporary civic campaign signs ..................................................... 925.3.11 Temporary political campaign signs..................................................925.3.12 Time and temperature signs Defined.......................................................................... 2502 Traffic, impeding visibility of Prohibition against sign placement impeding visibility...........................,.926.8 Trash receptacles, signs on ........................................................ 9254.16 Unauthorized signs Erection or maintenance of ....................................................... 240 Unsafe signs ....................................................................... 926.10.1 Vehicle signs ................................ :..................................... 925.3.6 Defined.......................................................................... 2502 Limitations on use of............................................................ 926.7 Permit required for sign vehicles ..................... ...... ........... .....:.... 925.3.6 Signs on vehicles exempted generally ............................................. 925.3.6 Vertical and horizontal clearances Projecting signs, marquees, awnings, etc .................:....................... 926.1 Visibility obstructions............................................................ 926.8 Wall or flat signs................................................................. 926.4 Clearance above public walkways .................................................. 926.4 Defined.......................................................................... 2502 SO-2 Coconut Grove central commercial district ................................... 602.11.2 602.11.6 '10771 Warning signs...................................................................... 925.3.5 Weather flags...................................................................... 925.3.17 Whirling signs. See within this subheading: Revolving or Whirling Signs Window or door signs Defined..........................................................6............... 2502 Yards Signsin or over required yards .................................................. 908.7 SITE PLANNING SD-2 Coconut Grove central commercial district... ................................... 602.1 SD-10 Jackson Memorial Hospital Medical Center overlay district .................... 610.3 SD-14.2 Latin Quarter residential district ......................................... 614.2.2 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial -residential districts.... 616.1 SITE PLANS Preservation of natural or archeological features Class II Special Permit for ..................................................... 1510.3.2 SORORITY Definition of "fraternity," "sorority," etc ....................................... 2502 SPACING OF BUILDINGS. See: BUILDINGS SPECIAL EVENTS Carniyals, festivals, fairs, etc. Special permit required.......................................................... 906.9 SPECIAL EXCEPTIONS Appeals............................................................................ 1311, 1607 Availability of materials for public inspections ..................... .............. 1604 Boathouses, boat slips, etc. Special Exception on height, length, etc .......................... 6.............. 924.1.2 City Commission reviewing decisions of Zoning Board on Special Exceptions.......... 2212 Special Exceptions............................................................... 1301.3 Community based residential facilities.................................6.........., 934.2.2 New ownership by Special Exception .................................... 6......... 934.3 Defined................................................0.......................... 2502 Detailed requirements.............................................................. 1600 et seq. Docks, extensions into waterways or canals Special Exceptions for........................................................... 924.11 Findings; decision................................................................ 1606 Further actions......................................................... ........ 1606 Notices; hearings. .... 4 ...................................... 6 ..................... 1605 Nonconformities Nonconforming lots............................................................... 1102 Nonconforming uses of major structures, etc. Nonconforming use outside buildings, Special Exceptions for movement........... 1104.3 Replacement or reconstruction of destroyed major structures containing nonconforming uses Special Exception for .......................................................... 1104.9 Offstre'et loading improvements Deferral of portions of required improvements by Special Exception ............... 922.6 Maintenance and use of areas on which improvements are deferred .................. 922.7 Reduction in offstreet truck and trailer loading requirements Reduction by Special Exception ................................................... 922.5 Referrals; time limitation.......................................................... 1602 Regulations applying................................................6.............. 1600 Review of decisions for............................................................ 1311.2 SD-5 Brickell Avenue area residential -office district Permitted principal uses and structures Permitted only by Special Exception ............................................ 605.4.3 SD-6..Central commercial residential district Permitted principal uses and structures Permitted only by Special Exception ............................................. 606.4.3 SD-7 Central Brickell rapid transit commercial residential districts Permitted principal uses and structures Permitted only by Special Exception ............................................ 607.4.3 SO-8 Design Plaza commercial -residential district Permitted principal uses and structures Permitted only by Special Exception ............................................ 608.4.3 SD-11 Coconut Grove rapid transit district Permitted principal uses and structures Permitted only by Special Exception ............................. 4.............. SD-12 Buffer overlay district Permitted principal uses and structures Permitted only by Special Exception ............................................ 5D-14, 14.1, 14.2 Latin quarter commercial -residential districts Permitted principal uses and structures Permitted only by Special Exception ............................................ SD-16,,16.1, 16.2 Southeast Overtown-Park West commercial -residential districts Permitted principal uses and structures Permitted only by Special Exception ............................................ Submission of complete record of Zoning Board......................6......6........ Timelimitations................................................................... Findings; decision............................................................... Referrals........................................................................ Zoning district boundaries splitting lots or parcels Action by Special Exception............................................6......... SPECIAL PERMITS (Generally) Action to be taken within time limits specified .................................... Action following decisions on special permits ...................................... Appeals from decisions on special permits .......................................... Applications for special permits Application forms; supplementary materials ....................................... Filing, who may file............................................................. Withdrawal of application for certain classes of permits.. ....................... Building permits or certificates of use Relation of special permits to ................................................... Initiation or maintenance of use or occupancy .................................... Class I Special Permits (generally) ................................................ Administered by Zoning Administrator.......... ................................... Administrative decisions on, appeals from ........................................ Appeals.......................................................................... Backing into alleys.............................................................. Conferences...................................................................... Detailed'requirements ........................... . .... ................ Generally................................................................... Informal notice and hearing ...................................................... Intent........................................................................... Mandatory referrals.............................................................. Referrals.................................................................... Regulations applying generally ................................................... Timelimitations ...................................... ...................... Zoning Board review of Zoning Administrator's decisions .......................... Class I Special Permits (specific requirements) Access for pedestrians and cyclists .............................................. Aviation hazards................................................................. Bus passenger shelters, bus benches, etc ......................................... Community or neighborhood bulletin boards, etc ................................... Construction signs, development signs ............................................ Modification of ten or more offstreet parking spaces ............................. Offstreet loading facilities, etc ................................................ Offstreet parking requirements................................................... Substantial modification of existing offstreet parking facilities .............. Proposed offstreet loading facilities, etc ....................................... Yards and other open spaces required Fences, wails and hedges, special permit required .............................. Class 11 Special Permits (generally) ............................................... Appeals.......................................................................... Conferences...................................................................... Determinations by Director of Department of Planning, Building and Zoning........ Decisions, notification of .......................... 6......... :.................. Detailed requirements ........................ '..................................... Director of Department of Planning, Building and Zoning Duties re ........................................ ...................... ........ 611.4.1 612 614.3 616.4.2 1604 1603 1606.3 1602 304 1303.1 1308 1311 1304.2 1304.1 1310 1302 1302 1301.1 1301.1 1800 1311.1 1403 1800 917.1.1 1401 1400 et seq. 1301.1 1401 1301.1 1402 1401 1400 1401 1806 905.1.2 915.2 908.12 925.3.10 925.3:8 917.4 922.4 917 91M 922.4 908.8.2 1301.3 1311.1 1512 1.800 1503 1301.2 1503 1500 et seq. 1503.3 Generally........................................................................ 1301.2 Informal notice and hearing..................................................4... 1501 Intent........................................................................... 1301.3 Referrals; time limitations ...................................................... 1301.3, 1502 Regulations applying............................................................. 1500 Time limitations................................................................. 1503 Referral..............................................6........................ 1502 Class II Special Permits (specific requirements) Access for emergency and public service vehicles ................................. 905.1.1 Boathouses or slips extending across lot lines ................................... 924.1.1.2 Bus passengers shelters, bus benches, etc ........................................ 908.12 Signs on ..... .................................. ............................. 925.3.16 Curbside delivery receptacles.................................................... 925.3.15 Docks and piers in residential districts, etc .................................... 924.1.3 Joint loading facilities for contiguous uses....................................6 922.8 ` Joint parking facilities for contiguous uses ..................................... 917.9 Modification of district yard and lot coverage requirements.......'...............'1102.1.1 Special access for emergency and public service vehicles ........................... 905.1.1 Classes of special permits generally Intent; agent, agency or body responsible for each; referrals .................... 1301 Conditions and safeguards.......................................................... 1306 Considerations generally; standards; findings and determinations ................... 1305 Control of potentially adverse effects ............................................. 1305.8 Decisions on special permits Actions following................................................................ 1308 Appeals from ............................................ 1311 Drainage... .................................................................... 1305.6 Driverin establishments; car washes Conditions and safeguards in relation to special permits.. ....................... 931.1 Effect.of withdrawal ...................................... ........................ 1310 Ingress and egress................................................................. 1305.1 Intent: Classes of special permits, intent ............................................... 1301 Generally.........................................................................1300 Major Use Special Permits ......................... ..0.......................4... 1301.4 Issuance or denial in accordance with procedures, standards and requirements....... 1303 Major Use'Special Permits (generally) ..................... ... ............. .. 1301.4 Appeals from decisions on ........................... ....:...................:... 1311.3- Applcation...................................................................... 1702.2 Commission disposition of application .... .......... .:.......................... 1703 Effect of City'Commission approval of application.... .......................... 1704 Changes in'approved-special permit ............................................... 1706 Construction permits............................................................. 1705 Definitions...................................................................... 1701 Detailed requirements ............................ ............................. 1700`et Determination by City Commission ................................................. 1301.4 Intent........................................................................... 1301.5, Procedures....................................................................... 1702, Referrals ..... ........ ....................................................... o..... 1301.4 Review of City Commission actions ................................................ 1702.3 Review of decisions.............................................................. 1311.3 Nonconformities Nonconforming lots............................................................... 1102.1 Special permit uses not to be deemed nonconforming ............................... 1101.7 Notice and hearing generally...................................................... 1307 Availability of recommendations; records ............................... ........... 1307' Notification of affected agencies - Concerning approval, denial ....................................................... 1308.2 Notification of applicants In of approval, denial, etc ................................................ 1308.1 Offstreet loading requirements Joint loading facilities for contiguous uses ..................................... 922.8 Reduction in stall dimensions.................................................... 923.2.1 Offstreet parking and loading ...................................................... Parking requirements for housing for the elderly ................................... Permanent active recreation facilities as accessory uses...... ...................... Preservation of natural or archeological features .................................. Permits apply to property, not person .............................................. Refuse and service areas.....:..................................................... 923.2.2 1305.2 917.5 906.6 1510 1309 1305.3 seq. 1700 1•Q714 Review of decisions for special permits ............................................ 1311 Signs and lighting ................................................................. 1305.4 Bus shelters, benches, trash receptacles, etc. Signs on, Class II Special Permits required .................................... 925.3.16 Curbside delivery receptacles, signs on Class I1 Special Permits required .............................................. 925.3.15 SD-2 Coconut Grove central commercial district, sign requirements ................ 602.11.7 SD-1 Martin Luther King Boulevard commercial district Offsite parking permitted by permit ................ 4............................. 601.10 Principal uses and structures permitted only by special permit ................... 601.4.2 SD.2 Coconut Grove central commercial district Conditional accessory uses and structures ........................................ 602.5 Permitted principal uses and structures .......................................... 602.4.1 Special permit requirements for specified types of signs ......................... 602.11 .SD-3,Coconut Grove major streets overlay district .................................. 603.3 SD-4 Waterfront industrial district ClassII Special Permit.......................................................... 604.3 SD-5 Brickell Avenue area residential -office district .............................. 605.3 Offstreet parking and loading .................................................... 605.10 Accessory uses and structures.................................................... 605.5 SD-6 Central commercial residential district ....................................... 606.3 Accessory uses and structures.................................................... 606.5 Interim parking facilities........................6.............................. 606:10 Principal uses permitted at other location.. ..................................... 606:3.2 Setbacks.......................................................................... 606.8 SD-7'.Central Brickell rapid transit commercial residential districts ............... 607.2 Permitted accessory uses and structures .......................................... 607.3 Setbacks- .......................................... o ........... o ....... 607.8 Parking ...................... .......... .............. ........ ........ 607.10 SD-9'Biscayne Boulevard North overlay district Class II Special Permits......................................................... 609.3 SO-10 Jackson Memorial Hospital overlay district ................................... 610.3 Class II.Special Permits.. .................... o .................... o ... o ......... 610.3 SD-11 Coconut Grove.rapid transit district ......................................... 611.3 Floor area increases............................................................. 611.7.1 Permitted accessory uses and structures..... ...................................... 611.3 SD-12 Coconut Grove special conservation overlay district .......................... 612 SD-131.W. 27th Avenue gateway district ............................................ 613.3 Landscaping...................................................................... 613.8 SD-14 Latin Quarter commercial residential district ................................ 614.2 Principal and accessory uses ..................................................... 614.3 SO-16 Southeast Overtown/Park West commercial residential district ................. 616.3 Accessory uses.. .. ... .. ..... ........ ... .... 616.5 ... ... ........... . . ... ... ... ...... .. Setbacks......................................................................... 616.8 Parking.......................................................................... 616.10 SO-17 South Bayshore Drive overlay district... ..... ............ ... .. 617.3 .. ... ... . . ... ... Class II Special Permit.......................................................... 617.3 Special Exceptions................................................................. 1600 Additional provisions re Special Exceptions. See: SPECIAL EXCEPTIONS Appeals.... o ................................................... ............. 1607 City. Commission reviewing decisions of Zoning Board on permit .................... 2001 Detailed requirements., ......................... ............ 1600 et seq. Findings; decisions... ......... o ................................................ 1606 Further actions.................................................................. 1606 Generally ............................ ......... .................................. 1301.3 Notices; hearings..................................................0............. 1605 Recommendations ......................................... ......... 1603 Referrals; time limitation....................................................... 1602 Regulations applying generally.... ........ o.o.o .................................. 1600 Submission of complete record to Zoning Board, .... ......... ....... 1604 Time limitations ..... ................................ ......... ..... ............... 1603 Findings; decision............................................................. 1606 Referrals...................................................................... 1602 Zoning Board granting permits, etc ............................................... 1602 Structures and uses to be as provided in ........................................... 2104 Temporary special events. ... o ............ o ............. # ... # ....................... 906.9 Utilities........................................................................... 1305.5 Waterfront yards.................................................................... 908.9 Withdrawal of application for certain classes -of permits ........................... 1310 Zoning Board's duties re generally ..................... 0........................... 1806 Zoning conformity required prior to issuance of permits ............................ 2107 STORAGE Automotive service stations as principal uses Limitations on outdoor storage ................................................... 930.2 Limitations on parking or storage of vehicles .................................... 930.2.5 CBDstorage facility............................................................... 939 Offstreet parking and loading areas Restrictions on storage of vehicles .............................................. 917.12 Parking and/or storage of certain vehicles Prohibited or limited in specified districts ..................................... 920 STREAMS. See: WATERCOURSES, WATERWAYS STREETS AND SIDEWALKS Automotive service stations as principal uses Minimum street frontage.......................................................... 930.1 Boundaries of zoning districts..................................................... 303 Indicated as approximately parallel to or extensions of features ................. 303.61 Offstreet loading Projection of vehicles being loaded or unloaded into public streets .............. 923.3 Offstreet parking Parking maneuvers on public streets or sidewalks ................................. 917.1.1 SD-1 Martin Luther King Boulevard commercial district Limitations on uses near specified intersections of arterial streets ............. 601.4.1.1 SD-2 Coconut Grove central commercial district Permitted principal uses and structures Provisions re pedestrian streets ................................................. 602.4.1 Special permits Special considerations on pedestrian street frontages .......................... 602.4.1.1 SO-5 Brickell Avenue area residential -office district Parking prohibited in required yards adjacent to streets ......................... 605.8.1 Special permits Special considerations on access to major streets .............................. 605.3.2 SD-6 Central commercial residential district Parking prohibited in required yards and setbacks adjacent to street ............. 606.8.3 Permitted accessory uses and structures Driveways, parking, etc., as affected by location of major streets ............. 606.3.2 Special permits Required ground level uses for certain streets ................................. 606.4.1. SD-7 Central Brickeil rapid transit commercial residential districts Principal uses permitted on ground floor frontage of pedestrian streets.......... 607.4.1 Special permits Special considerations on pedestrian, public streets ............................. 607.3.2. SD-14 Latin Quarter commercial residential district Principal uses permitted except on ground floor frontage of. pedestrian streets... 614.3.2.2 Principal uses permitted on ground floor frontage of pedestrian streets........... 614.3.2.1 Special consideration on pedestrian street frontages ........................... 614.3.1 Special rules concerning extent and location of certain uses on ground floor frontage of pedestrian streets .................................... 614.3.2.3 SO-17 South Bayshore Drive overlay district Class II Special Permit Relation of proposed improvements to major streets, etc .......................... 617.3.2 Yard requirements Landscaping requirements, driveways, etc., in required yards adjacent to.streets .......................... ............................... 908.10 Porches and entries in other yards adjacent to streets.. .......................... 908.4.2 STRUCTURES. See also: BUILDINGS Accessory uses and structures. See that subject. Defined ................................................. ....:.:.................... 2502 Nonconforming structures, uses, etc ................................................ 1101 et seq. Permitted accessory uses and structures. See that subject. Permitted principal uses and structures. See that subject. Principal uses and structures. See that subject. Structures to be as provided in applications, plans, etc ........................... 2104* Temporary structures, occupancies and uses during, construction ..................... 927 Transitional uses and structures. See that subject. Zoning affects all structures, buildings, etc ..:................................... 200 bw STUDENT CENTERS Definition of "fraternity," "student center," etc........................6......... 2502 SUBDIVISIONS National flags and flags of political subdivisions Sign provisions.................................................................. 925.3.2 Nonconforming uses of major structures, etc. Subdivision or structural additions .............................................. 1104.7 SWIMMING POOLS Yard requirements Unenclosed swimming pools ........................................................ 908.14 SYMBOLIC FLAGS, BANNERS. See also: SIGNS Defined............................................................................ 2502 T TABLETS Sign permits required.............................................................. 925.3.12 TAVERN Definition of "bar, tavern, etc." .................................................. 2502 TELEPHONE BOOTHS Yard requirements.................................................................. 908.12 TEMPORARY DWELLINGS OR LODGINGS Definition of "travel trailers," etc .............................................. 2502 TEMPORARY SPECIAL EVENTS SD-6 Central commercial residential district Permitted accessory uses and structures .......................................... 606.5 TENNIS COURTS Yardrequirements................................................................. 908.14 THEATERS Adult entertainment............................................................ 937. .See: ADULT ENTERTAINMENT OR ADULT SERVICES Drive-in theaters.................................................................. 931 See:.DRIVE-IN ESTABLISHMENTS SD-2.Coconut Grove central commercial district Allowable increase in floor area for buildings providing certain supporting uses.............................................................. 602-7.2 Wall signs for theaters ...... :............ ....................................... 602.11.6 SD-7 Central Brickell rapid transit commercial residential districts .Provisions re theaters........................................................... 607.8.5 THROUGH BLOCK CONNECTIONS SD-5 Brickell Avenue area residential -office district Special requirements concerning through block connections ........................ 605.8.5 SD-6 Central commercial residential district Minimum open space requirements. Pedestrian through block connections..................6.............I.......... 666.8.5 TIME AND JEMPERATURE SIGNS. See also: SIGNS Definitions........................................................................ 2502 TOURIST HOMES Defined............................................................................. 2502 TOWERS Broadcasting towers Height limits generally..................................0....................... 915.3 TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TRAILERS Automotive service stations as principal uses 171 Truck and trailer rental units ................................................... 930.264 Offstreet truck and trailer loading requirements Reduction in..................................................................... 922.5 Parking or storage of.............................................................. 920.3 Travel trailers, defined........................................................... 2502 TRANSPORTATION PD planned development districts Relation to major transportation facilities ...................................... 500 TRASH Automotive service stations as principal uses Trash facilities............................................................... 930.3 TRASH RECEPTACLES Signs on......................................................................... 925.3.16 TRAVEL TRAILERS Defined.............•.............................................................. 2502 TREES AND SHRUBBERY Landscaping. See also that subject Natural features. See also that subject Preservation of natural features Class II Special Permit for ...................................................... 1510 Shrubbery provisions as relates to fences, walls, etc. See: FENCES, MALLS, HEDGES AND SHRUBBERY TRUCKS Automotive service stations as principal uses Truck.and trailer rental units ................................................... 930.2.4 Offstreet truck and trailer loading requirements Reduction in ...................................................... ............... '922.5 Parking or storage of.............................................................. 920.3 U UNDERGROUND AND/OR ENCLOSED PARKING SD-2 Coconut Grove central commercial district Allowable increase in floor area for buildings providing certain supporting uses.............................................................. 602.7.2 SD-11 Coconut Grove rapid transit district Allowable increase in floor area for underground parking ......................... 611.7.1 UNSAFE STRUCTURES HC heritage conservation districts Provisions re unsafe structures .................................................. 707.3 Nonconforming......................................................................°1109 U.S. MAIL Curbside delivery receptacles, sign provisions ..................................... 925.3.15 U.S. MAIL BOXES Yard requirements.................................................................. 908.12 USES,. Accessory uses and structures. See that subject. Combinations of uses in buildings or on premises Rules concerning .............................................. .................. 903.2 Definition......................................................................... Determinations concerning uses not specified 2502 ....................................... Nonconforming uses 904 ...........................................0................... See: NONCONFORMITIES 1101 et seq. Permitted accessory uses and structures. See that subject. Permitted principal uses and structures. See that subject. Principal uses and structures. See that subject. Temporary uses during construction .................... .............................. Uses not specified 927 Determinations concerning........................................................ 904 10771 UTILITIES PD planned development districts Relation to public utilities, etc...............................................1 501 Special permits.................................................................... 1305.5 SD-4 Waterfront industrial district Class II Special Permit Provisions re utilities........................................................ 604.3.2 V VACATION OF STREETS, ALLEYS, ETC. Boundaries of zoning districts, effect of vacation on zoning status of property.... 303.1 VARIANCES Appeals for variance from terms of ordinance Conditions and safeguards........................................................ 1904 Boardmay prescribe............................................................ 1904.1 .................... Time limitations ............................................................... 1904.2 Definition of variance........................................................... 1901,'2502 Floor area ratio variances prohibited ............................................ 1901.1 Limitations...................................................................... 1901 Nonconformities not grounds for grant of variance ................................ 1901.2 Public hearing...................................................................1903.3 Findings required.............................................................. 1903.4 .......... Notice. .............. 1903.2 Refiling of petitions where variance denied Time limitations on............................................................ 1905 Requirements and procedures...................................................... 1903 Review of decisions of Zoning Board .............................................. 1906 Time limitations................................................................. 1904.2, 1905 Use variances prohibited......................................................:.. 1901.1 Variance of terms of ordinance...................................................1902 Written,petition................................................................. 1903.1 City Commission's duty to review decisions of Zoning Board on variances............ 2001 HC heritage conservation districts Special provisions for variances ................................................. 707 Special permits Variance not special permit ...................................................... 1901 SDSpecial districts............................................................... 600.4 VEGETATION Landscaping. See also that subject Natural features. See also that subject Shrubbery. See: FENCES, WALLS, HEDGES AND ENCLOSURES VEHICLES. See: MOTOR VEHICLES AND TRAFFIC VENDING MACHINES Automotive service stations as principal uses Limitations on outdoor storage, display, etc ..................................... 930.2.3 VESSELS Boathouses, boat slips, etc ........................................................ 924 Definition......................................................................... 2502 VIOLATIONS Action on violations; remedies ..................................................... 2109 Penalties.......................................................................... 2110 Permits or certificates of use granted in error Violations of ordinance not authorized by ........................................ 2108 Prosecution under prior zoning ordinance, etc ...................................... 2402 Records of violations discovered ................................................... 2111 Resort to remedies................................................................. 2401 VIEW CORRIDORS SD-6 Central commercial residential district .Minimum open space requirements................................................... 606.8.4 Special permits Special consideration as to Biscayne Boulevard View Corridor ................... 608.4.1 SO-7 Central Brickell rapid transit commercial residential districts 140`-717.1 Requirements generally........................................................... 607.8 ' Special permits Special considerations on through block connections ............................ 607.8 0-16, 16.1, 16.2 Southeast Overtown-Park West commercial residential districts.... 616.6.4 VISIBILITY OBSTRUCTIONS Yard requirements Vision clearance at intersections ................................................ 908.11 W WALL OR FLAT SIGNS. See also: SIGNS Defined............................................................................ 2502 Provisions re wall or flat signs ................................................... 926.4 See: SIGNS SD-2 Coconut Grove central commercial district Provisions re wall signs......................................................... 602.11.2 602.11.6 WALLS, See: FENCES, WALLS, HEDGES AND ENCLOSURES WAREHOUSES, MINI Defined............................................................................ 2502 WARNING SIGNS. See also: SIGNS Defined ............................. .............. .......... 2502 Provisions generally............................................................... 925.3.5 WATERCOURSES, WATERWAYS (Streams, Canals, Lakes, Bays, Etc.) Boundaries of zoning districts Approximately following mean high water lines or centerlines of streams, canals, lakes, etc............................................................. 303.4 Boundaries indicated as approximately parallel to or extensions of features...... 303.6 Indicated as entering.any body of water ....... .. ............. .. .... .. .. ... ... ...... 303.5 Extension of docks and piers into waterways ........................................ 924.10 Extensions of docks into waterways or canals ....................................... 924.11 Piers, docks, wharves, dockage, boathouses and.boat slips .......................... 924 SD-5 Brickell Avenue area residential -office district .............................. 605 et seq. SD-7 Central Brickell rapid transit commercial residential districts ............... 607 et seq. Yards Waterfront yards ....................................... ... ........ 908.9 Zoning affects all lands, water, etc ............................................... 200 WATERFRONT YARDS Boathouses, length and width of Limitations on waterfront yards ..............................................,... 924.1.1.3 WEATHER FLAGS Sign permits required.............................................................. 925.3.17 WHARVES Provisions re piers, docks, wharves, etc ........................................... 924 WINDOW SIGNS SD-2 Coconut Grove central commercial district Provisions re window signs ....................................................... 602.11.2 X X-RATED ENTERTAINMENT. See: ADULT ENTERTAINMENT OR ADULT SERVICES Y YARDS AND OTHER OPEN SPACES Application of zoning ordinance ......... .......................................... 210, 230 Awnings and canopies ............................... ............................... 908.5 Bus passenger shelters, bus benches, etc .................'.......................... 908.12 Canopies and awnings............................................................... 908.5 1011.1 Car shelters...................................................................:... 908.6 Combinations of uses in buildings on premises varying yard, open space, etc., requirements ....................................... 903 Community based residential facilities Recreation open space.............................................................. 934.242.2 Yards for facilities with more than fifty occupants ................................ 934.2.2.3 Definitions Open.space....................................................................... 2502 Yards............................................................................ 2502 District boundaries dividing lots Provisions re yards............................................................... 908.13 Driveways and offstreet parking, limitations on .................................... 908.10 Fences, walls and hedges...............................................6........... 908.8 Courts..* ............. 6 ............................................................ 907.8 Total area in open space on the lot ...................... 6......................... 907.3 Landscaping requirements........................................................... 908.10. Mail and newspaper boxes........................................................... 908.12 Nonconforming lots Modification of district yard .................................................... 1102.1.1 Offstreet parking, limitations..................................................... 908.10 Permanent structural projections from buildings .................................... 908.3 Porches and entries................................................................ 908.4 Reduction of yard dimensions Application of zoning ordinance .................................................. 230 Signs in or over required yards .................................................... 908.7 SD-1 Martin Luther King Boulevard commercial district Minimum lot requirements, required yards, etc ................... 6................ 601.8 SD-2 Coconut Grove central commercial district Minimum open space, yard requirements ............................................ 602.8 SD-3 Coconut Grove major streets overlay district Class II Special Permit Landscaping, screening and open space .......................................... 603.3.2 0-0aterfront industrial district Class 11 Special Permit Minimum dimensions of yards adjacent to certain streets ........................ 604.3.2 Open space..................................................................... 604.8 Screening...................................................................... 604.3.3 SD-5 Brickell Avenue area residential -office district Minimum open space requirements, limitations ..................................... 605.8 Permitted accessory uses and structures Exemptions from yard or open space occupancy limitations ....................... 605.5 SD-6 Central commercial residential district Intent concerning open space ..................................................... 606.1.1 Minimum open space requirements, yards ........................................... 606.8 Parking prohibited in required yards ............................................. 606.8.3 Permitted accessory uses and structures Exemptions from yards or other open space limitations .......................... 606.4 SD-7 Central Brickell rapid transit commercial residential districts Minimum open space and yard requirements.; ......................................607.8 SD-8 Design Plaza commercial residential district Minimum yard and open space requirements ...............•.......................... 608.8 SD-11 Coconut Grove rapid transit district Minimumyards..................................................................... 611.8 SD-12 Buffer overlay district Special considerations for open space ......:..................................... 612 Special yard regulations......................................................... 612 SD-13 S.N. 27th Avenue gateway district Minimum open space and yard requirements ... ...................................... : 613.8 SD-14 Latin Quarter commercial -residential district Minimum open space and yard requirements ......................................... 614.3.5.3 SD-14.1 Latin Quarter commercial -residential district Minimum open space and yard requirements ......................................... 614.4.1 SO-14.2 Latin Quarter residential district Minimum open space and yard requirements ......................................... 614.5.1 SD-16, 16.1, 16.2 Southeast Overtown-Park West commercial residential districts Minimum yard and open space requirements ......................................... 616.8 Telephone booths ............... ..................................................... 908.12 Unenclosed swimming pools, tennis courts, etc ...................................... 908.14 Vision clearance at intersections.................................................. 908.11 Waterfront yards................................................................. 908.9 101717,1 ZONING ADMINISTRATOR (Administration and enforcement section of ordinance) Administration and enforcement of zoning ordinance generally ....................... 2401.1' Appeals for variance from terms of ordinance Authority of administrator to vary terms of ordinance .............:.............. 1902 Appeals from decisions of administrator ............................................ 1800 et seq. Availability of records.......................................................... 1805 Filingof appeal...........................................................6..... 1801 Generally........................................................................ 1800 Setting hearing dates; notice........ ............................................. 1804 Status of administrative decision ................................................ 1801 Stay of proceedings.............................................................. 1803 Time limits on appeal............................................................ 1801 Transmittal of notice and record ................................................. 1802 Zoning Board; hearings, powers of board ................... 0...................... 1806 Zoning Board; review of decision of...............................6.............. 1807 Zoning Board; reviewing of decisions of administrator generally .................. 2001 City Commission reviewing decisions of ............................................. 2001 Limitations on powers of administrator ............................................. 2101.2 Questions of interpretation, presenting to administrator ........................... 1800 Records, maintaining............................................................... 2111 Responsibility for administration and enforcement of zoning ordinances generally... 2101.1 Limitations on powers of administrator ........................................... 2101.2' Violations Action on, remedies.............................................................. 2109 Penalties........................................................................ 2110 Zoning Board Zoning Board reviewing decisions of administrator, appeals, etc .................. 1203, 1806 ZONING ADMINISTRATOR (Specific provisions re special permits, certificates, etc.) Building permits..............................................................:.... 2104 Administrator's responsibility re ................................................ 2102 Permits granted in error......................................................... 2108 Status of permits issued prior to adoption or amendment of ordinance ............. 2105 Structures and uses to be as provided in permit .................................. 2104 Zoning conformity required prior to issuance of. permits .......................... 2107 Zoning requirements, procedures, limitations and actions on permit ............... 2102 Certificates of use Certificates granted in error .................................................... 2108 Status of certificates issued prior to adoption or amendment of ordinances....... 2105 Structures and uses to be as provided in certificates ............................ 2104 Zoning requirements, procedures, limitations and actions on certificates......... 2103 Class I Special Permits Administered by administrator.................................................... 1301.1 Conferences, administrator arranging ............................................. 1401.5 Decisions of administrator....................................................... 1401.6 Duties and responsibilities of administrator generally ........................... 1401 et seq. Fees and charges Posting schedule in office of administrator, etc ................................. 2112 Licenses or permits, issuance of ................................................... 2107 Structures and uses to be as provided in special permits ........................... 2104 ZONING ATLAS. See: OFFICIAL ZONING ATLAS ZONING BOARD Amendments, duties and responsibilities of board re ................................ 2201 et seq. See: AMENDMENTS Appeals for variance from terms of ordinance Duties and responsibilities of board ............................................. 1901.1 Appeals from decisions of Zoning Administrator Questions of interpretation...................................................... 1800 Appeals from decisions of Zoning Administrator and Director of Department of Planning; Building and Zoning; hearings; powers of board ................................... 1806 Review of decision of board ...................................................... 1807 Appeals from decisions of Zoning Administrator made to board ....................... 1806 Boundaries, uncertainty as to Boards' action in cases of remaining uncertainty, conflicts ...................... 315.8 Special Exceptions Vi v t Determinations by board.......................................................... 1301.3.1 Determination on uses not specified ................................................ 904 Official zoning atlas, uncertainty and conflicts Zoning Board's action in cases of ................................................ 303.8 Questions of interpretation Presenting to board on appeal from decisions of Zoning Administrator, etc........ 2001 Review of decisions of board CityCommission powers on review ................................................. 2004 CityCommission reviewing decisions .............................................. 2004 Exhaustion of administrative remedies ............................................ 2005 Filing request; payment of fees; who may file........ 6.........................6. 2002 Judicial review from decisions of City Commission ................................ 2005 Procedures generally..................................6.....................6.... 2003 Status.......................................................................... 2001 Review of Zoning Administrator's decisions, etc .................................... 2001 Special Exceptions authorized by board, etc. Additional provisions re Special Exceptions. See: SPECIAL EXCEPTIONS Boathouses, length and width of .................................................. 924.1.2 Deferral of portions of total required offstreet loading improvements............ 922.6 Extensions of docks into waterways or canals ..................................... 924611 Nonconforming uses, structures Movement of nonconforming uses, etc ............................................ 1104.3 Replacement or reconstruction of destroyed major structures containing nonconforming uses ................................................ 1104.9 Reduction in parking requirements for housing for low income families, etc....... 917.6 ZONING DISTRICTS. See: DISTRICTS ZONING ORDINANCES Authority to repeal prior ordinances, adopted ordinance, etc ....................... 110 Intent and purpose................................................................. 120 .Repeal of Ordinance No. 9500 as amended ................... 0........................ 100 Authority .................................................:...............`......110 Short. title........................................................................ 130 1071 316 (32) 9659 28 JULY 1983.4226-4368 NW 7 ST., RG-2/4,TO CR-2/7 9711 27 OCT 83,4000-50 W FLA6LER ST RG-2/5 TO CR-2/7 9753 IS NOV S3 4295-4299 WFLAGLER ST PD-HC/T TO CR-2/7 9873 31 JULY 84, APPROX. 3930-4024 NW 7 ST, RO-214 TO CR-2/7 9986,18 APR 85, APPROX. 3898 NW 7 ST., FROM RG-2/4 TO CR-2/7 10175 23 OCT 86, APPROX. 4234 -44 NW 2 ST. a 4225 NW I ST., RG-1/3 TO CR -2/7 10192 11 DEC 86, APPROX. 3900-3998 W FLAGLER ST., RG-2/5 TO CR-2/7 10266 30 APRIL 87,4091 SW 2 TERR.,FROM RG-2/4 TO RO-1/4 10771 CR-2/7 al 0 43 4� 0 (1) 0 0 0 - 4� 0 0 \ .0 4� a tatim, Mayor City Clerk This is to unify the this is POP 44 Of the Official Zoning Atlas referred to aW adopted by reference by Or&- norme 95M of the City of Micuni. Florida, a- dopted Smte-bsr 23, �Fvlsm jtitv -%i vo&7 ----------- St RG-3/5 94 \v- FEDERAL HIGHWAY eo JIL 10771 10771 �' n fm� ry Co Ao j F LJ-L S.W. 10 > ST. El EJ� ff -11 S T. LL AIM, MR- -LLLE1 ST 17. JJ! 11011 0000 IF, -------- ��■ ������■■����� NINIIIIIII �.1� Iln_ - ONE milli EN NEW � •�� q��� _: �i�f�lfnu _ = luuul= �i ���♦�` ♦�♦��►�� _� u�u� Iui1111111� �uu1111u1 IIININII �► ♦♦��� ♦♦;�. ■ .■ NI�1 Int111Nl1r IBM 11111111= Unill IMF - moil 11 oilA� it 111111MMIN 11 HIM INI 9675 29 SEP 83, 2860-2900 SW 28 TERR, RG-2/5 TO RO 3/6 9676 29 SEP 83, 2744 SW 28 TERR. RG-2/5 TO RO-3/6 971027 OCT 83 3400-3490 S DIXIE HWY RO-2.I/4' TO RO.2.1/5 9727 27 OCT 83 SW 27 AVE, BIRD AVE. TO SW 28 TERR RO— 2.1/4 TO RO-2-1/5 9729 27 OCT 83 2728 SW 23 ST —2729 SW 23 TERR, RG—.I/3 TO RO-3/6 9747 18 NOV 83 2815-2851 SW 22 TERR, RG-1/3 TO CR-2/7 9751 18 NOV 83— 2810-2840 SW 27 AVE, RG-2/5, RO-2.1/4, CR-2/7,SP1-3 TO SPI-11 9754 18 NOV 83 APPROX. 3150-3198 S. DIXIE HWY. PO-HC17 TO CR-2/T 9755 18 NOV 83 2230-2298 SW 27 AVE. PD—HC/7 TO CR-2/7 9827 26 APR 84 APPROX. 2900-2950 SW 32 AVE, FROM ,RO-2.1/4 TO CR-2/4 9933 15 NOV 84, 3400 —3490 S. DIXIE HY, RO-2.1/5 & RG41/3.3 TO CR-2/5 9934 15 NOV 84, 2351 SW 37 AVE_,CR-2/7 TO CR-2/8 9950 24 JAN 85, 2711-15 SW 27 TERR., RG-1/3 TO CR-3/7 10169 23 OCT. 86, APPROX. 3427-3523 SW 22 TERR„ RG—I/3 TO CR-3/7 10171 23 OCT, 86, APPROX. 3591 SW 22 TERR., RG-1/3 TO CR-3/7 10230 26 FEB 87,3621-31 SW 22TERR,RG-1/3 TO CR-3/7 10275 28 MAY 87,APPROX. 3684-88 S.W.26ST.,RG-1/3 TOCR-2/7 10310 23 JULY 87, SW 28 TER. & SW 27 AVE. RO-2.1/5 8c RG-2/5 TO SPI-13 WITHOUTSPI-;-3 10311 23 JULY 87, AREA OF COCOANUT AVE, & VIRGINIA S7,RG-1/3 TO RG-2J /3.3 10312 23 JULY 87, AREA OF CENTER ST. & COCOANUT AVE. RG-1/3 TO RG-2.1/3.3 0 0 0 N 0 V2 Mayor City Clerk This is to certify that this is page 43 of the Official Zoning Atlas referred to and adopted by reference by Ordi- nance 9SO0 of the City of Miami, Florida. a- doptpd Seotember 23, Ign IN &LE "Ni HUME M NtwntI==ulnulY niiiiniiii uiiinuii1 1-lilivin �wunn Him 111111111 liiiiiimujliuiiiiim 1111111 -im min llRR IIm11111N Illlllllnmilli �ntn�1IMMIYIIInIII lllilliln= smill I fl� __' HE IME IYY 11 OMNI ROBINS MR— ------ IU ---------- IN IS ��' MEN ���''' CR-3/7 SPI- CR-2 F MIMUS 10-71 10771 (9 Ar 1077J 1. i All 0"we4 xr� 33 9658 28 JULY 83, 2T24-34 SW T ST, RO-1/3 TO CR-3/7 9673 29 SEPT 83, 330 SW 27 AVE, RG-1/3 TO RO-3/6 9674 29 SEPT 83,3630-40-50 S.W. 7 ST.. RG-1/3 TO CR-3/7 9679 29 SEPT 83, 2784 SW 7 ST, RG-1/3 TO CG-1/7 9709 27 OCT 83, 2724-34 SW 7 ST, RG-1/3 TO CR-3/7 9807 28 FEB. 84, 2784 SW 7 ST, CG-1/7 TO CR-3/7 aim r m w Q Im'] "Hai •` L J tm am 1111 All Me d J oil ONO MIm 1111 N �m NW yam �.,�.......�...�. 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'ra: a Ts.O .. e oma�anomdmmi 0111111111111 An eamdmmmmmm o �maaaaaaa 4 _ list 0 A Y ELIZABETH K V1RR ':It Un- Imm:20 ?n m®®m©ammom Aooap� N 1 0l�.I Ora oalpill 0I0 ,I pogo o a ���eema oaamao _ ------- ��an RIPEN MEa1®®_4�a rm15 rmwm m=Mr�-rwrww■ rrrr�wrr wwwrr-tiwrrr rrer-rr�w ■�•r ,•• ,Y, ®ao�mm�oa©m©eaQ.ao N ®s o00o a©e c000�, :ENE Jiang.. ._ r WIM11011111 Ill Ioa loll Do He ooma loll ag ... 11��p�1011 :la�o� . ege�eae� evepm4eu Chao ��eeaee eeeeAveee °• 1�erre ewers71M.UP min r4m� WOM AN ®rq New E�iil •�. .:0 OM® ®� o� INS;. r ®mm v � ,cum na na •: •' v lip ��r�waw an 36aa' e w o a n o r r r w - S§lp loll 11111 m�M 1-°���� ° Srioff. � NMI Iuj®mm mil® 101119 NOR - all ......�— l HOUR� r� .y N10 7, as u N o i• u ,7 N ;/ w, WILLIAM 4 • 'r r �,t •♦�4 ,a ,T w h a• b t• 17 a• • n A R � A•f CHARL£ < 5 m t �.�♦ ♦ n ` `• J. � r: =s :• a o r r t u e s it � ,♦ FRANKLI N � avr ` . ,t y s • ET M o 4 /s t7 ti 0 {r ,: ,i ,• t7 R q r•`b ,( M � � i t • • � I T fj1 ". fff���III-LOOUAT , r s•• s' • x•• w u n � t 7•• t } t � ' AVOCADO AVE ' , a 7♦ a• N•• o a s iC ♦ • 4 t • � f 9 ,a ,r , • '7. • A £ Al.METTO a 1 Y N 7 • 1' ♦ ►w�a t 1 1 • f 71 C . 1• q rl a 0. ♦ ♦ • • tl a r S 7 1 a ROYAL PA AVf' � 7 7•• a t F /♦ n R' s , , 7 a ♦ • } �♦ G ♦ a �r a r l • . • • oo•� ...�. POINCIANA 4 A ;: la`eee'e`'dea. ' `1 m� so�mm oom�a® 1.e. 6�It -..i '� AAA®���� .��,���� ; . • �1� , M.i LVC s "Look AY orm,r��e�Imum �0am ;LL 000�� ME al�OF�"!OgOp00�Oo9 mmOmO� �' �`-9�►'�-�;�' a • 7• a a � N INNER BAR in 74 � �� •, • WID •RON �• • • 7 s : .� • •n,ou• M+A V w 28 1/ . i,T- p • �(� Pal 4•�• . V /� • ' � �� ! . J �Q •Oy o to is qor s I' _ L.OTII p fry 1 o rri �« rrr s f • CAMP It 13 lqv i • �, o. 7 io Ii v i- a a 'J . io a ,u C � G.9G.RO % \ j f ,p ti < "►, SUB. SVB LO Q U A T AYE ►- �► 23 Li AV _ p roe t r s• • o' 74_ _ AYE.HOw I r t� a: �9 .1 Q a a 7 [ O 1 D .. n � ,+O,p.•1• 1 � • ° (/1�` �%' ti " < � �� , R0� C� AVE. • � i' • s u •t a f , a • T F • o n 4 Si + i• /� N •rouo� ;�• G f • •a , o � d f • . • • tIs••� vGj T • oaJ 'bj, ` POINCIANA, > • �=� NO NOW oov o�Aolll PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 11, 1990 PETITION 7. Consideration of amending Ordinance No. 11000, as amended, the new Zoning Ordinance of the City of Miami, Florida, to be effective September 4, 1990, by making comprehensive language changes and non substantial changes; making findings, containing authority, intent and purpose and short title sections; regulating land, water and structures, uses and occupancies, height and bulk, density, lot coverage, lot area per dwelling unit, parking and signs; providing for Official Zoning Atlas and Official Schedule of District Regulations, zoning districts, planned development districts, special public interest districts; heritage conservation districts; definitions and general regulations; design standards; non -conformities; further providing for functions and responsibilities of Commission, Officers, and Boards; special permits; special exceptions; further providing for appeals from decisions of Zoning Administrator, Director of Planning, Zoning Board and City Commission; appeals for variances; providing for enforcement, violations and penalties; amendments; providing for a resort to remedies clause, repealing all other laws and parts thereof in conflict; containing a severability clause; and providing for an effective date of September 4, 1990. REQUEST To amend the new Zoning Ordinance 11000 by adding non -substantial language changes. RECOMMENDATION PLANNING DEPARTMENT Approval. BACKGROUND Throughout the extensive public hearing process, the Planning Department and the Law Department have continued to review the text of Zoning Ordinance 11000. The proposed language changes attempt to clarify language where necessary and to introduce non -substantial changes which will further simplify reading of the ordinance. 11 CITY COMMISSION At its meeting of June 28, 1990, the City Commission passed the above on First Reading. 10771 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the 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 cITYatOFf MIAMI , FLORIDA LEGAL NOTICE Ordinance No. 10771 In the ............ x..x..X...................Court, (SEE ATTACHED) was published In sold newspaper in the Issues of August 17, 1990 Afflant further says that the sold Miami Review Is a ipaper published at Miami In said Dade County, Florida, that the sold newspaper has heretofore been continuously lobed In sold Dade County, Florida each day (except rday, Sunday and Legal Holidays) and has been entered as and class mall matter at the post office In Miami In said fCf-.f Florida, for a period of one Year next precedin0 cation of the attached copy of advertisement- and says that she has neither paid nor promlosa any or corporellon any discount, rebels, commission the pu se of securing thi advertisement for the s newspaper. OF Svjpm crlb;d before me this 1 7..... day of .... (SEAL) 'OFFICIAL. HOIARV SEAL" CHERYL H. MARMER MY COMM. EXP. 4/12/92 RECEIVED r 1990 AUG 21 PM 3. 22 MA 1 1 [ NRAI �e CITY CLERK CITY 0r 14IAMI, FLA• Page 1 of 2 . 1`1.1`11-;::-' AN O�DINANI 'AMEND 81.1 AN,O"Dl c 0 DIN ND" :N 1.06AZED.-AT, RESTRIOTM;COMMEACIAl.' INSTRU&ING:THECITY,,CLERKOT THISJ0RDiI4ANCE'MTWP- APFECttb; '-A�d'tNCItS"AI ;PROVIDING A REPEALER PROVISION, ii. AND AN0FECTIVE DATE.;;. ORDINANCE N0.10 NO AN ORDINANCF.:AMEWDING.TfHE ji� ,LAS,l ORDINANCt, 140-9566, At AMEN T, HE"ZONO ORDINANCE OF THE ClfY,OF'MIAW� IDA,; 13Y '- C'"Ab HE ZONING CLASSIFICATION OF, 1, .320 SOUTHW G I .. CLASSIFICATION I . 11 1 m I- � � E NVI I�AJ�120� SOUTHWEST 13 E!M� IAW�'FIL 2 Ida SOUTHWES I-& i V4^11# AniV'Mi!e4Nniticr% u Z771 rnrn C�? rn Page 2 of 2