HomeMy WebLinkAboutO-106460
J--89-512
9/28/89
ORDINANCE NO.
IL064G
AN ORDINANCE AMENDING ORDINANCE 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SECTION 2034
"COMMUNITY BASED RESIDENTIAL FACILITIES" TO
REFINE THE DEFINITION; TO REQUIRE A SPECIAL
EXCEPTION WITH CITY COMMISSION APPROVAL; TO
LOWER THE CENSUS TRACT CAP ON CLIENTS, TO
INCREASE THE DISTANCE SEPARATION BETWEEN
FACILITIES, TO ESTABLISH INTERIOR SPACE
STANDARDS AND TO REQUIRE A SPECIAL EXCEPTION
WITH CITY COMMISSION APPROVAL OF A CHANGE OF
OWNERSHIP; BY AMENDING ARTICLE 36,
DEFINITIONS TO REFERENCE THE FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE
SERVICES AND AMENDING THE SCHEDULE OF
DISTRICT REGULATIONS, PAGES 1 THROUGH 4, BY
AMENDING COLUMNS ENTITLED "PRINCIPAL USES AND
STRUCTURES", RS-1, RS-2 ONE -FAMILY DETACHED
RESIDENTIAL; RG-1 GENERAL RESIDENTIAL TO
PERMIT CERTAIN COMMUNITY BASED RESIDENTIAL
FACILITIES TO DELETE A SPECIAL EXCEPTION
REQUIREMENT IN THESE AND OTHER RESIDENTIAL
DISTRICTS; RG-2 GENERAL RESIDENTIAL; RG-2.1
GENERAL RESIDENTIAL; RG-3 GENERAL
RESIDENTIAL; 0-I OFFICE INSTITUTIONAL; CR-1
COMMERCIAL RESIDENTIAL (NEIGHBORHOOD), TO
REQUIRE CITY COMMISSION APPROVAL OF A SPECIAL
EXCEPTION FOR COMMUNITY BASED RESIDENTIAL
FACILITIES (WITH EXCEPTIONS); FOR
CONVALESCENT HOMES, NURSING HOMES,
INSTITUTIONS FOR THE AGED OR INFIRM AND
ORPHANAGES; SUBJECT TO THE REQUIREMENTS AND
LIMITATIONS OF SECTION 2034; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of June 21, 1989, Item No. 5a, following an advertised hearing
adopted Resolution No. PAB 28-89 by a vote of 8 to 0,
RECOMMENDING APPROVAL, of amending Ordinance No. 9500 as
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 9500 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
IL06 G
ti
Section 1. Ordinance No. 9800, the Zoning Ordinance of the
City of Miami, Florida, as amended, is hereby amended by amending
the text of said ordinance as follows:l ~
"ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
See. 2034. Community based residential facilities.
2034.1 Community based residential facility defined.
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 unity,y,
and ts ttaensed or approved by an aubhortzed
regatabo.ry agency. This category includes adult
congregate living facilitiesi
and facilities i ti es for physic y disabled and
handicapped persons, for developmentally
disabled persons, for non -dangerous mentally ill
persons wtbli mentaft heatbli probtems, 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.
2034.2. Procedures.
2034.2.1. Registration required. All existing
and proposed community based residential
facilities shall register with the department
of building and zoning taspeattons. Required
information for registration includes:
2034.2.2. Special exception required. Unless
within specified capacities gall proposed
community based residential facilities are
permissible only by special exception, -with
oity commission approval, subject to the
following requirements and limitations:
2034.2.2.1. Location standards. All
proposed community based residential
facilities shall be subject to the
following location standards:
1. A proposed community based
residential facility shall not be
located in any census tract where
residents of existing community
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are not in effect and remain unchanged.
Asterisks indicate omitted and unchanged material.
-2-
y
based residential facilities
comprise dirge—(-" two (2)
percent or more of that census
tract's current total population
as estimated by the City of Miami
planning department.
2. A proposed community based
residential facility shall not be
located within a radius of
(t828-} two thousand five hundred
(2500) feet of an existing
community based residential
facility. Measurement shall be
made from the nearest point of
the site of the existing facility
to the nearest point of the site
of the proposed facility.
2034.2.2.4-A. Offstreet parking. One (1)
offstreet parking space for each staff
member and one (1) offstreet parking space
for each four (4) residents shall be
provided. A reduction in required occupant
offstreet parking shall be permissible
provided findings are made that clearly
show such reduction is reasonable based on
such factors as facility proximity to mass
transit, location of occupant employment
area, occupant auto ownership, facility
visitation policy, and the like.
2034.2.2.$:6-, Limitations on signs. Signs
shall be limited to a nameplate not
exceeding two (2) square feet for each
street frontage.
2034.3 Certificate of use not transferable; new
ownership by special
exception with city commission approval.
The approved certificate of use shall not be
transferable if the facility changes use or
ownership. New ownership shall be approved only
by Ctass B spectut PeXILLtb special exception with
city commission approval.
ARTICLE 36. DEFINITIONS.
Section 3602. Specific.
I.OGAG
Section 2. The Schedule of District Regulations, page 1, is
hereby amended in the following respects:
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
RS-1; RS-2. ONE -FAMILY DETACHED RESIDENTIAL
Permitted Generally
Permissible Only by Special Permit
-. . . •. -. -IC-Pit. KZ#9 UP or. I"-
3t- .
i2-2 Q_,Adult day care centers shall be permissible
by Class C permit if for 4 adults or less,
special exception if for 5 adults or more
subject to the requirements and limitations
of Section 2305 "Adult day care centers."
RG-1. GENERAL RESIDENTIAL (One -and -Two Family)
As for RS-2, and in addition:
Permitted Generally
-4-
tOCAG
=fi
TZI
Section 3. Page 2 of the Schedule of District
Regulations is hereby amended in the following respects:
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
RG-2. GENERAL RESIDENTIAL
Permissible Only by Special Permit
4. Community based residential facilities with
RGand more than 14 but not more than 50
residents including staff in RG-2/5 and 2/6
shall be permissible only by special
exception with city commission approval
subject to the requirements and limitations
of section 2034.
RG-2.1. GENERAL RESIDENTIAL
In addition:
RG-3.GENERAL RESIDENTIAL
Permissible Only by Special Permit
3. Convalescent homes, nursing homes,
institutions for the aged or infirm and
orphanages shall be permissible only by
special exception with city commission
anbrovalsubject to the requirements and
limitations of section 2034.
-5-
4. Community based residential faoilities with
more than 11 residents including ng staff are
permissible only by special exoeption, with
city commission approvalA subject to the
requirements and limitations of section 2034.
Section 4. Page 3 of the Schedule of District Regulations
is hereby amended in the following aspects:
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
0-I. OFFICE -INSTITUTIONAL
Permissible Only by Special Permit
7. Community based residential facilities are
permissible only by special exception. with
cry commission approval subject to the
requirements and limitations of section 2034.
11. Convalescent homes, nursing homes, and
institutions for the aged or infirm and
orphanages shall be permissible only by
special exception with city commission
appproval i subject to the requirements and
limitations ors of sections 2034,"_
Section 5. Page 4 of the Schedule of District Regulations
is hereby amended in the following aspects:
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
CR-1 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD)
Permissible Only by Special Permit
7. Community based residential facilities are
permissible only by special exception. with
city commission approval. subject to the
requirements and limitations of section 2034.
Section 6. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
-6-
106 4C
Seotion 7. If any part of seotion, paragraph, olause,
phrase or word of this Ordinanoe is deolared invalid, the
remaining provisions of this Ordinanoe shall not be affeoted.
Seotion 8. This Ordinanoe shall beoome effeotive thirty
(30) days after adoption.
PASSED ON FIRST READING BY TITLE ONLY this 31st day of
July , 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 28th day of September I 190-
ER L. SUARE2,tMAYOR
ATTES
iA-TW HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
1
ADRIENNE L.FIESNE
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
-Z- 20-- 0- -* Lc---
JOR E L. FERftANDEZ
CITY ATTORN
ALF/dot/M492
-7-
PZw12
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
May 19, 1989
PETITION 5a. Per City Commission Motion 89-412; April 27,
1989, consideration of amending Ordinance 9500,
the Zoning Ordinance of the City of Miami, by
amending ARTICLE 20. GENERAL AND SUPPLEMENTARY
REGULATIONS, Section 2034. Community Base
Residential Facilities, subsection 2034.2.2.
Special Exception Required, to require City
Commission approval, to lower the Census Tract
cap on clients and to increase the distance
separation between facilities, to establish
interior space standards and to require a
special exception with City Commission approval
of a change of ownership; and to amend the
Schedule of District Regulations pages 1 through
6, Principle Uses and Structures RS-1, RS-2 ONE
FAMILY DETACHED RESIDENTIAL; RG-2 GENERAL
RESIDENTIAL; RG-2.1 GENERAL RESIDENTIAL; RG-3
GENERAL RESIDENTIAL; 0-I OFFICE INSTITUTIONAL;
CR-1 COMMERCIAL RESIDENTIAL (NEIGHBORHOOD)
districts, Permissible Only by Special Permit,
all to require City Commission approval of a
special exception for a Community Based
Residential Facility and in the RG-3 GENERAL
RESIDENTIAL and 0-I OFFICE -INSTITUTIONAL
districts to require City Commission approval of
a special exception for convalescent homes,
nursing homes, institutions for the aged and
infirm and orphanages, subject to the
requirements and limitations of Section 2034.
(above).
REQUEST To require City Commission approval of a special
exception, and to establish additional
requirements and limitations for Community Based
Residential Facilities, and to include nursing
homes and similar uses in these restrictions.
BACKGROUND Both the Florida House and Senate have passed
CS/CS/HB 1269 - Community Residential Homes -
and the Governor is expected to sign it to
become effective October 1, 1989, which will
mandate Family Care Homes and allow Community
Residential Homes in residential districts (see
attachment).
PAB 6/21/89
Item #5a
Page 1 of 2
IL06i4G
Please note that if CS/CS/HB 1269 becomes
effective October 1, 1989, all Community Based
Residential Facilities with client populations
less than 15 persons could be allowed in all
residentially zoned districts.
ANALYSIS On April 227, 1989, the Commission passed Motion
M 89-412, as follows:
"A MOTION CONCERNING ADULT CONGREGATE LIVING
FACILITIES (ACLF) IN THE CITY OF MIAMI AND
FURTHER STATING THAT ANY FUTURE APPLICATIONS
FOR ACLF MUST BE BROUGHT BEFORE THE CITY
COMMISION FOR CONSIDERATION AND APPROVAL;
FURTHER REQUESTING THE ADMINISTRATION TO DRAFT
AND COME BACK WITH APPROPRIATE CRITERIA
REGARDING FUTURE REQUESTS."
On April 27, 1989, the Commission directed the
Administration to prepare and present
legislation by June 22nd.
These amendments would:
1. require all these. facilities to receive
City Commission review, following the
Zoning Board decision on special
exception;
2. increase the distance separation between
facilities to 2500' and lower the Census
tract cap to 2% client population;
3. restrict turnover of ownership such that
each new owner would be required to
obtain a special exception;
4. establish an interior space standard of
one person per room;
5. include nursing homes and similar
institutions in the CBRF standards; and
Note that companion legislation would amend
the Miami Comprehensive Neighborhood Plan.
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of June 21, 1989, the Planning
Advisory Board adopted Resolution PAB 28-89, by
an 8 to 0 vote, recommending approval of the above.
CITY COMMISSION At its meeting of June 22, 1989, the City Commission
did not take up the above.
At its meeting of July 27, 1989 (reconvened to July
31, 1989) the City Commission passed the above on
First Reading.
PAB 6/21/89
Item #5a
Page 2 of 2
IL064G
a
4
Florida
House of Representatives - 1909 %."it — `1.
0y
HealthA
the Committees on Rules i Calendar and
Rehabilitative Services and Representatives Frankel♦
Press.
Abrams# Hisao Goode* Sansomo Canadyo Tobins Holzendorto
Irelando Blooms Stone, Friedmano Martino Mackenzie
�
A bill to be entitled
2
An act relating to community residential homes$
3
providing definitions$ providing siting
4
requirements for certain community residential
b
homes# including certain required notices
Q
6
providing duties and authority of district
7
administrators of the Department of Health and
a
Rehabilitative Services and local governments
9
with respect thereto$ providing for mediation
10
of conflictal providing for certain denial or
11
nullification of license to operate such a
12
homes providing for applicability of local laws
13
and zoning ordinances) providing for
A
applicability to existing homes and certain
to
_5
residental requiring the department
16
establish a statewide registry of all licensed
17
community residential homes$ providing for
la
specified information therein) providing for
19
certain technical assistance to local
20
governments$ providing restrictions on the
21
release of confidential informations providing
22
an effective date.
23
24 Be It
Enacted by the Legislature of the State of Floridan
25
,,
26
Section 1. Site selection of community residential
27 homes.--
UI..-
"9
`-t de if nitiona
111 For the vu5aos_es of this section, the following
shell apaiyi
30
la "Community tesideptial dome" means a dwellinfl unit
31 licensed
to servq clients of the Department of Health and
1
CODING: Fords stricken are delationss words underlined are additions.
Florida House of Representatives - 1989 CS/CS/HB 1269
175-33-5-9
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PhabilitatiV2
Services,
which
Provides
a
living environment
[QL7_
to
14 unse_latedseaideni•
who
overate
as the functional
�.
• r a
fami
y. lneluding
gych
supervision
and care by
.qge..
sipportive
staf
as
may
a necessary
to meet
the Physical,
'motional,
RehabilI
chapter
I
Ic)
-and
) "Department"
tat ivaServices.
"Loci
7, Florida
social
government"
Statutes*
needs
means
of the
the
a+eans
or a municipality
residents.
Department
a county
of Health and
as set forth in
incorporated
under
Person
Physically
the
Id)
as
Rrovi
"Resident"
defined
disabled
ions_of
in
mean—
s.
or handicapped
chapter
400.618131,
165,
nY_Qt
Florida
the follo
Florida
P2rs.on
Statute z
ingi an aged
Statutes] a
as defined In s:
760
2215)la),
Florida
Statute;i
a deyelopmental
disabled
Person
noondanuerous
Ik
defined
mentally
ins
ill
393
Person
063161,
as
Florida
defined
Statuteaf a
in_s 3 94,05131,
Florida
Statutes$
or
a child
as defined
in
s. 39,0116) and
130).
goy_ernment,
Florida
12)
"Sponsoring
a
Statutes.
profit
or
agency"
nonprofit
means,
aggncv,
an
agency 9[ unit . -of
or any other Person
>tr organization
community
meat
(El
the
residential
Hom
definition
which
s
of
intends
home.
six
or a
or
community
to establish
fewer_
residents
residential
or oestate a
which otherwise
home shall be
deemed
a Mingle
-family
unit
and a
noncommercial,
residential
use
for
the p
eose
of local
laws
and ordinances
Homes Of
six
or
fewer
residents
which
otherwise
meet
the definition of
aeommunity
residential
hone
shall
be allowed
in mingle -family
nr multi-famiiv
zoning
without
approval_byAhe_local
2
C
CODINGt Hord& eirieksn are deletions$ words is1 rd�linod are additions.
I75-33-5-9
nil2
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III
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(11,15
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ath
six
or fewer
Acaldents, Sulh homes with s1x or fewer
�psidents
.hall
not be required to comply with the
of this+ action! Provided, howeven
notification
that
t[�
+ponsorino
Provision
aaenq� or the degartme t notifias the
at the time of home occupancy at —the home
lgsal
government
Is
by
the department.
When a site for a community rca"ential home
_licensed
(311s)
has
bean
selected
by a seons ring agency in an area zoned for
multi
-family.
the agency •hall notify the chief executive
local aoy_ernment in writing and include in such
of the
officer
police
the
specific
address of the site, rho residential
the nUmber of residents, and the community
llcen3ina
category,
supp
rt,
reaul
a ent of -the Program Such notica shall ciao
a atatement
from the district administrator of the
contain
department
indicating
the need for and the licensing status of
e
proposed
community residential home and _spec U ying how the
home
meats
applicable
licensing criteria for tha safe care and
supervision
of the clientin the home The district
shall also provide to the local government the
administrator
most
recently
Published data com clad that identities all
homes in the district in which the
to bejoclte j. 7ho local aovernment shall
community
residential
site
Proposed
the notification
—is
of the sponsoring ag ncyin accordance
remiam
with
the
zoning
ordinance of the turi&diction.
Pursue t to such review, the local aovernmsnt may,
jbi
L Determine
that the siting of the community
hope is in accordance with local zoning and
siting, If toe siting is approved, the sponsoring
residential
the
approve
agency
may cstabliah
the home at the site selected.
3
CODINGt Hords strieksn are delationsl words underlined are additions.
0
«W
Florida House of Representatives - 19119 CS/C5/HB 126V
175-33-5-9
1 2. Fail to relpQnd wi(hn 60 dare If the local
2 aovernment tails to respond within such time, the sponsoring
3 agency may establish the -home at the site selected
4 3. Deny of the home.
5 1c1 The local aovernmenjshall not deny the siting of
6 a community residential home unlejs the local aovernment
7 establishe■ that the Biting of the home, at the site selected
e l_ Does not otherwisersnform toexistina zoning
9 regulations applicable -to other multi -family uses in the area.
10 2. Does not meet applicable licensing criteria
11 established and determined by the department, including
12 reauiremant- that the home be located to assure the safe care
is
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30 151 If aareed to by both the local government and the
31 sponsoring agency, a conflict may be resolved through informal
4
n
n
175-33-5-9
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COOING! Horde stricken are delationss words underlined are additions.
mediation
The local
aovernment
shall
arrange for the
3erylm
of
an independent
mediator
or
may utilize She '
mediation
Proce,+s
established
by
a regional
Plannina council
Pursuant
to
a 186
509,
Florida
Statutes
Hediation shall be
concluded
within
45 days
of
a request
therefor. The
iesolution
of any
Issue
—through
the
mediation
process shall
determination_ of
auch a determination
not alter
any
person'■
right
to a
judicial
any issue
if
that
Person
is
entitled
to
under statutory
or
common
law.
shall
not issue_a_license
to a
residential
notify the 12ca1
a program, as
issued without
section shall be
operation of the home
uRn■orina
161
The department
agency
for
operation
of
a community
home if
the
s oP naogjna
agency
does
not
aovernment
of its
intention
to establish
required
y
subsection
131.
A license
compliance
with the
Previsions
of
this
considered
null and
void,
and
continued
may be
entoined.
unitQumina
a
community residential
shall be subject to
home established
171
A dwelling
pursuant
to
this
section
the same
local
laws
and
ordinances
applicable
to other
in the area in which
be dopes to affect
noncommercial,
residential
family
units
it is
estat)fahod.
in
this
sectjgn_shall
the authority
181
Nothina
of
any community
residential_
home lawfully
of this act to
Permit Persons to
established
drior
to the
effective
dat2
continue
to
191
operate.
Nothing
in
„
.,,-riiov
a community
residential
thi7
section
home
shall
who
would constitute a
5
W
CODINGi Hords stricken are delationss words underlined are additions.
Florida House of Representatives - 1989
175-33-5-9
CS/CS/HB 1269 Florida House of+...-•�-
175-33-5-9
re-1
6
CODINGs Hords stricken are dilations{ words jM%krjjmj are additions.
WN
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3
4
5
6
7
8
91
education vra:rams jiltre3.p„ct to commmuty residential_ homes
and other mimilar facilities,
13) Hothina in t i- section *hall he construed to
authorize the department to release any confidential
Intor,mation, except a■ otherLwiee authorized. bXlla_w,
Section 3. This act shall take effect October 1,-1989.
10
This publication was produced at an aVera
ppe coat of 1.12 cents
11 pper single ppapa in comppliance with the Rules and for
the !nloraatfon o! *embers of the Legislature and the public.
12
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to29
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COOING: Horde stricken are delationsf words urderliD2 are additions.
ATTACHMENT
DEFINITIONS
An "Adult Congregate Living Facility" according to Chapter 400.401 of Florida
Statutes is "a facility, for -profit or non-profit, in which the management
undertakes to provide, for a period exceeding 24 hours, housing and food and
other personal services (which may include nursing services, if licensed) for
four or more adults who regpire such services". (For 15 or more persons).
A "Community Based Residential Facilities" according to Article 20, Section
2034 of .Zoning Ordinance 9500 provides room with or without board, resident
services, and twenty-four hour supervision. Such a facility functions as
single housekeeping unit and is licensed or approved by an authorized
regulatory agency. This category includes adult congregate living facilities;
residential facilities for developmentally disabled persons, for physically
disabled or handicapped persons, for persons with mental health problems, and
for dependent children. Juvenile and adult residential correctional
facilities, including half -way houses and alcohol and drug rehabilitation
facilities are included (without restriction as to number of clients).
CS/CS/HB 1269 mandates the following:
A "Family Care Home" as licensed by the Florida Department of Health and
Rehabilitative Services is deemed to be a single-family unit, to serve 6 or
fewer unrelated individuals, including any necessary staff supervision and
care of elderly, physically disabled or handicapped persons, developmentally
disabled persons, non dangerous mentally ill persons or children. This term
does not include homes for alcoholic or drug rehabilitation or correctional
facilities, including half -way houses. Such homes shall not be located
within a 1,000 foot radius of another Family Care Home.
A "Community Residential Home", is licensed by the Florida Department of
Health and Rehabilitative Services to provide any necessary staff
supervision and care for 7 to 14 unrelated individuals who may include:
elderly, physically disabled or handicapped persons, developmentally
disabled persons, non dangerous mentally ill persons, or children. This
term does not include homes for alcoholic or drug rehabilitation or
correctional facilities, including half -way houses. Such homes shall not be
located within a 1,000 foot radius of another Community Residential Home or
within a 500 foot radius of an RS single-family zoning district.
A "Nursing Home". according to Article 36, Section 3602 of Zoning Ordinance
9500 is a private home, institution, building, residence, or other place,
whether operated for profit or not, including those places operated by units
of government, which undertakes through its ownership or management to provide
for a period exceeding twenty-four (24) hours, maintenance, personal care, or
nursing for three (3) or more persons not related by blood or marriage to the
operator, who by reason of illness, physical infirmity, or advanced age are
unable to care for themselves; provided that this definition shall include
homes offering services for less than three (3) persons where the homes are
held out to the public to be establishments which regularly provide nursing
and custodial services.
An "Adult Day Care Center" according to Article 20 Section 2035 of Zoning
Ordinance 9500 is a facility which provides limited supervision and basic
services on a part time basis by day and 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
aspect of daily living. The terms does not include community based
residential facilities, group homes, nursing home facilities or institutions
for the aged. ' _
1.0646
R-ECE:_11/1-1D
1289 OCT 25 AH 9� 32
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CITY V MiAMil FLORIDA
L90AL NOTICE
All interested persons will take notice that on the 28th day of
September; 1989,'the City Commission of Miami, Florida, adopted
the following titled ordinances;
ORDINANCE NO.10640
AN EMERGENCY 'ORDINANCEAMENDiNG THE CODE OF THE
CiTY OF MIAMI, FLORIDA, BY AMENDING SECTION 5.1.OF
CHAPTER 5, ENTITLED -"AMUSEMENTS", TO PROVIDE AN
EXCEPTION TO THE HOURS OF OPERATION OF POOLROOMS
:.WHEN OPERATED WITH AN ACCESSORY RESTAURANT;
CONTAINING;A:REPEALER PROVISION, A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
_ ORDINANCE NO.10641
"- AN EMERGENCY ORDINANCE,, AMENDING, SECTIONS 4541, ;
35-92, 35.93-AND 53.161(3}017 THE CODE:OF,THE CITY OF MIAMI,
FLORIDA; AS AMENDED, ,BY ESTABLISHING RATES AT-CER-
TAiN ON -STREET PARKING`METERS AND CERTAIN OFF-STREET
LOTS; INCREASING ,THE MONTHLY RATE AT MUNICIPAL
PARKING GARAGE NO. 5; FURTHER PROVIDING AN EFFEC•
TIVE.DATE OF_NOVEMBER 1, 1989 FOR THE HEREIN RATE
CHANGES; RATIFYING AND CONFIRMING ALL ACTS OF THE
OFF-STREET PARKING BOARD AND ITS DIRECTOR AS TO
RATIO ERETOFORE CHARGED; FURTHER AUTHORIZING THE,
OFF:VREET`PARKING BOARD .TO DEVELOP EXPERIMENTAL
RATE, STRUCTURES AND TO INITIATE RATES FOR NEW FACIL-
ITIES:DURING THE FISCAL YEAR; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10642
AN EMERGENCY" ORDINANCE ESTABLISHING APPRO-
PRIATIONS FOR CITY• OF MIAMI CAPITAL IMPROVEMENTS;
CONTINUING AND REVISING PREVIOUSLY APPROVED SCHED-
ULED CAPITAL IMPROVEMENT PROJECTS, ESTABLISHING NEW
CAPITAL IMPROVEMENT PROJECTS TO ,BEGIN DURING FIS-
CAL YEAR 19a9.90; CONDITIONALLY REPEALING PROVISIONS
OF ORDiNANCE N0. 10521; AS AMENDED, THE 1988.89 CAPI-
TAL IMPROVEMENTSAPPROPRIATIONSORDINANCE; AND
PROVIDING CONDITIONS, AUTHORIZATIONS AND DIRECTIONS
TO THE CITY MANAGER AND CITY CLERK.
ORDINANCE NOi 10643
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI-
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
(SECTOR NUMBER ONLY)OF 955 SOUTHWEST 2 AVENUE,
MiAM1;.FLORiDA (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RG-2.316 GENERAL RESIDENTIAL TO RG-2.317 GENERAL
RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ONRAGE NO. 37 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO, 9500 BY REFER-
ENCE AND, DESCRIPTION IN ARTICLE 3, SECTION 300, THERE-
OF; CONTAINING AREPEALER•PROVISION AND A SEVERABIL-
ITY. CLAUSE:
ORDINANCE NO.10644
AN ORDINANCE; AMENDING THE ZONING ATLAS OF ORDI•
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE'ZONING
CLASSIFICATION OF APPROXIMATELY 2400 NORTHWEST 14TH
STREET, LESS THE NORTHERNMOST TWO ACRES (APPROX.
IMATELY 340 FEET BY 250 FEET), MIAMI, FLORIDA (MORE PAR.
•TICULARLY DESCRIBED HEREIN) FROM PR PARKS AND REC.
REATION TO RG-2I6 GENERAL RESIDENTIAL; BY MAKING FIND-
1NGS;,AND.BY MAKING ALL THE NECESSARY CHANGES ON
PAGE, NO.:25 OF SAID ZONING ATLAS MADE A PART OF ORDh
NA14CE'NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTI-
CLE':3,: SECTION 300, THEREOF; CONTAINING A REPEALER
PROVISION AND A'SEVERABILITY CLAUSE.
ORDINANCE NO.•10645
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA: SECTION 62.62(a) BY PROVIDING FOR THE WAIVER
OF APPEAL FEES RELATIVE TO CLASS C SPECIAL PERMITS
UNDER CERTAIN CIRCUMSTANCES; AND PROVIDING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
ORDINANCE NO. 10646
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED,.
THE ZONING ORDINANCE.OF THE CITY OF MIAMI, FLORIDA,
BY. AMENDING SECTION 2034 "COMMUNITY BASED RESIDEN•
TIAL FACILITIES" TO REFINE THE DEFINITION; TO REQUIRE A
SPECIAL EXCEPTION WITH CiTY COMMISSION APPROVAL; TO
LOWER.THE CENSUS TRACT CAP ON CLIENTS, TO INCREASE
THE DISTANCE SEPARATION BETWEEN FACILITIES TO ESTAB-
LISH INTERIOR SPACE STANDARDS AND .TOREQUIRE ASPE-
CIAL EXCEPTION WITH CITY COMMISSION ,APPROVAL OF A
CHANGE OF OWNERSHIP; BY AMENDING ARTICLE $6, DEFT-
NITIONS TO REFERENCE THE FLORIDA DEPARTMENT OF
HEALTH AND REHABILITATIVE SERVICES AND AMENDING THE
SCHEDULE OF: -DISTRICT REGULATIONS, PAGES 1 THROUGH
4, BY AMENDING COLUMNS ENTITLED "PRINCIPAL USES AND
$TRUCTURES' , RS-1, RS-2 ONE -FAMILY DETACHED RESIDEN
.TIAL; RG-1 GENERAL RESIDENTIAL TO PERMIT CERTAIN C6M•',;
MUNITY BASED RESIDENTIAL FACILITIES TO DELETE •A SPE
C1AL EXCEPTION REQUIREMENT IN THESE AND OTHER RES-
IDENTIAL DISTRICTS; RG-2 GENERAL RESIDENTIAL; RG-2.1
GENERAL RESIDENTIAL; RG-3 GENERAL RESIDENTIAL; 04-,
OFFICE INSTITUTIONAL; CR-1 COMMERCIAL RESIDENTIAL ;
(NEIGHBORHOOD) TO REQUIRE CITY COMMISSION APPROVAL
OF A SPECIAL EXCEPTION FOR COMMUNITY.BASED RESIDEW
TiAL FACILITIES (WITH EXCEPTIONS); FOR CONVALESCENT';.,
HOMES, NURSING HOMES, INSTITUTIONS FOR THE AGED OR
INFIRM AND ORPHANAGES; SUBJECT TO THE REQUIREMENTS;
AND LIMITATIONS OF SECTION 2034; CONTAINING A REPEALER :.
PROVISION, SEVERABILITY. CLAUSE, AND AN EFFECTIVE DATES'`.
ORDINANCE NO.10647
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITO•`
..-..RIAL LIMITS OF THE.'CITY OF MIAMI FOR THE PURPOSE OF
,.r�oTAXATION; FIXING THE MILLAGE AND LEVYING TAXES'IN THE
n -CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
ROCTOBER 1, 1989, AND ENDING SEPTEMBER 30; 1990;'i
CONTAINING A SEVERABILITY CLAUSE. -
ORDINANCE NO.10648
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1990; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10649
""AN ORDINANCE DEFINING AND DESIGNATING THE_TERRITO.
RIAL LIMITS OF THE DOWNTOWN DEVELOPMENT.DISTRICT,,.;
OF'THE CITY OF MiAMI LOCATED WITHIN THE,TERMTORIAL
LIMITS OF THE CiTY OF MIAMI FOR THE PURPOSE OF TAXA•.,
T10N,.FIXING THE MILLAGE AND LEVYING -TAXES IN THE,,
DOWNTOWN DEVELOPMENT DISTRICT LOCATED WITHIN THE:.
TERRITORIAL LIMITS OF THE CITY OF. MIAMi, FLORIDA,,FOR
• .THE FISCAL YEAR -BEGINNING OCTOBER 1, 1959, AND END-'`'
1NG SEPTEMBER 30, 1990, FIXING THE MILLAGE AT FIVE:
TENTHS (.5) MILLS ON THE DOLLAR OF THE NONEXEMPT'r'
ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY.'
IN SAID DISTRICT AND PROVIDING THAT THE SAID MILLAGE' ,
AND THE TAXES LEVIED HEREIN SHALL BE IN ADDITION TO'?'
THE FIXING OF THE.MILLAGE AND THE LEVYING OF -TAXES;.'
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMi
WHICH IS CONTAINED IN THE GENERAL -APPROPRIATION.`"
ORDINANCE FOR THE AFORESAID FISCAL YEAR AS REQUIRED='
BY SECTION 27 OF THE CITY CHARTER; PROVIDING THAT
THE FIXING OF THE MILLAGE AND LEVYING OF TAXES HEREIN-'
SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS FOR
IMPROVEMENTS IMPOSED BY THE CITY COMMISSION OF THE
CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS OF THE. CITY`•
OF MIAMI; PROVIDED THAT THIS ORDINANCE SHALL NOT BE
DEEMED AS REPEALING OR AMENDING ANY OTHER ORDI-
NANCE FIXING MILLAGE OR LEVYING TAXES FOR THE -FIS-
CAL YEAR BEGINNING OCTOBER'1, 1989 AND ENDING SEP- >'
TEMBER 30, 1990, BUT SHALL BE DEEMED SUPPLEMENTAL
AND IN ADDITION HERETO; CONTAINING A REPEALER PRO? `
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10650
AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWN-
TOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI:"
'FOR THE FiSCAL YEAR ENDING SEPTEMBER 30,1990;AUTHOW
IZING THE DIRECTOR OF THE DOWNTOWN DEVELOPMENT
AUTHORITY TO INVITE:OR ADVERTISE BIDS .FOR THE PUR_
CHASE OF ANY, MATERIAL, EQUIPMENT, OR SERVICE
EMBRACED IN THE, SAID APPROPRIATIONS FOR WHICH FOR-
MAL.BIDDING MAY BE, REQUIRED PROVIDING THAT THIS
ORDINANCE SHALL BE SUPPLEMENTAL AND IN ADDITION TO
THE ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL "
YEAR ENDING SEPTEMBER 30, 1990, FOR THE.OPERATION OF
THE CiTY OF MIAMI, FLORIDA; CONTAINING A REPEALER PRO- "
VISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO.10651
AN EMERGENCY ORDINANCE AMENDING SUBSECTION (d) OF
SECTION 62.78 OF THE CODE OF THE CiTY OF MIAMI, FLORI•.
DA, AS AMENDED, BY REMOVING THE LIMITATION OF TWO
CONSECUTIVE TERMS OF OFFICE FOR MEMBERS OF THE
LATIN QUARTER REVIEW BOARD; CONTAINING A REPEALER .
PROVISION AND A SEVERABILITY CLAUSE.
Said ordinances may be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8:00 a.m.
and 5:00 p.m.
(6202) y'
MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
10124 89.4 10z45®M"
RECEIVED
1999 OCT 25 All 9: 32
<< >{ T T Y h; F'CJ
CITY CLI-RK
'A ( OF I!Itdf,il, f=IA
MIAMI REVIEW
Published Dally 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
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10646
In the ..... X.. X..X .......................... Court,
was published In said newspaper In the Issues of
October 24, 1989
Afflant further says that the said Miami Review Is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florida each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office In Miami in said
Dade County, Florida, for a period o1 one year next preceding
the fi t publication of the attached copy of advertisement; and
affl rther says that she has neither paid nor promised any
per n firm or corporation any discount, rebate, commission
4efdortepurposef seIn Bald newspap` V a
��� V, SfPgr n b�ribed before me IN
24 er) 89
�rrY „ETA•, . ../1.D.1g:,.....
My
�` ""'Not u c,115tate of F115rida at Large
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