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HomeMy WebLinkAboutM-89-0746�-r� ,.. a9r a�afi:l9ys"rlid5lGy�3� J j r9J yro F fx 4� { I CITY OF MIAMI, FLORIDA PZw271 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE JUL 1 8 1989 FILE: of the City Commission SUBJECT : New Zoning Ordinance r' F a•: Cesar H. 0 5 :: City Manage REFERENCES Discussion Item: City Commission Meeting of July 27, 1989 ENCLOSURES: — DISCUSSION: The draft of the new Zoning Ordinance to replace Zoning Ordinance 9500 is submitted to you for your information. The proposed New Zoning Ordinance has the goal of simplification and clarity. It reduces the number of zoning districts to 12 basic and 15 special public interest s ricts (overlays) from 52. It eliminates the concept of "Land Use Intensity" and "gross lot area"- It simplifies permitting. It increases parking requirements and substitutes a mapped"T" district for a now deleted transitional uses. BACKGROUND Staff has prepared the enclosed draft following a series of 20 internal workshops, and 10 workshops with members of 31 organizations invited to participate, including people closely related to, and knowledgeable about, the development disciplines (see attachment, 9500 Committee). The continued effort to inform the development community and the citizenry at large will be pursued through additional workshops from the end of July through the second week in September. Workshops with the Mayor and City Commissioners may be scheduled with the Planning Department at your convenience anytime between July 27 and September 13th. The Planning Department is sending a copy of the "Draft" to all members of the 9500 Committee and to the members of the City Boards which deal with the Zoning Ordinance, expecting written comments by mid -August. In addition, two Citywide workshops will be held, one at Uptown City Hall and the other one at City Hall during the month of August (preferably August 7th and August 14th). In order to have the opportunity to hold the required public hearings, the Planning Department recommends the Planning Advisory Board hearing to be scheduled for September 6th; first reading before City Commission on September 28th and second reading on October 26th. cc: Planning Department bAlt MY new .om is 0Ito i� a Now tal a bd# i tymanager R A F T 7/25/89 ARTICLE 2. APPLICATION OF REGULATIONS Except as specifically provided in this ordinances Sec. 200. toning affects all lands, water, structures, uses, and occupancies. No building, structure, land or water shall hereafter be used or occupied. aft, too 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 lo:ated. Sec. 210. toning affects height and bulk of buildings, population density, lot coverage, yards and other open spaces, offstreet parking and loading, signs, and other matters. In particular, no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered, in any manner so as: (a) To exceed the permissible height, bulk, or floor area; (b) To accommodate or house a greater number of families or other occupants, or to provide a greater number of dwelling units; (c) To occupy a greater percentage or portion of lot area; (d) To provide less lot area per dwelling unit or to occupy a smaller lot; (e) To provide narrower or smaller yards or other open spaces, or spaces or separations between buildings or portions thereof; (f) To provide less offstreet parking or offstreet loading spaces; (g) To display more signs, signs of greater area, or signs of a different character; than herein required or limited, or in any other manner contrary to the provisions of this zoning ordinance. Sec. 220. Yard, area, open space, offstreet parkins )r 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 anoV-r, 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 its amendment except in conformity with the requirements of applicable regulations; and no yari 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 se', forth therein. Sec. 240. Reserved. Sec, 250. Erection or maintenance of unauthorized signs prohibited. No sign shall be maintained, constructed, display.so, illuminated, located, or dimensioned except in accordance with the provisions of this ordinance D R A F T 7/25/89 ARICU 1. INI' iVION Sec. 100. ilepeai of Ordinance No. 9500, as amended. Ordinance No. 9500 of the City of Miami, Florida, adopted the 1989, all a*W*"t3 to Ordinance No. 9500 adopted subsequent thereto, are hereby repealed; and the followin oftii ordinance is substituted therefor, except as provided in section 3405 below. Sec. 110. Authority. The action of the City of Miami, Florida, 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 147.4, 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 the Miami Comprehensive Neighborhood Plan. This zoning ordinance is declared to be in accord with the adopted Miami Comprehensive Neighborhood Plan, 1989-2000, (February, 1989), as required by the Local Government Comprehensive Planning and Land Development Regulation Act of 19715 1985, section 163.3fH et seq., Florida Statutes, as amended. It is the intent and purpose of the adopted Miami Comprehensive Neighborhood Plan, any+ of this zoning ordinance which aids in implementing it, to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, -nd general welfare of the city and to provide, among other matters, a wholesome, serviceable, and attractive community; to increase the safety and security of home life; to preserve and crease a more favorable environment in which to rear children; to stabilize and enhance property and civic values; to deve,oa 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, avid dangee which often inhere in unplanned and unregulated urban development; to prevent overcrowding of land and undue c-)!centration 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 ..e economic and social structure upon which the good of all depends. To further the objectives of the adopted Miami Comprehensive Neighborhood 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 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." k i '-A D R A F T 7/25/89 ARTICLE 3. OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE OF DISTRICT REGULATIONS Set. 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 offi*A al zoning atlas of the City of Miami. 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 basic 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 a5 the basic atlas sheets. 300.1 Ieserrxd. 30f1.2. AdWing SPI special public interest districts. Where SPI special public interest districts created hereby or hereafter created by this zoning ordinance have the effect of supplanting previously existing districts, regulations, or _ procedures applying in existing districts or of modifying requirements or portions of districts, the SPI district boundaries and designations shall be shown directly on the basic atlas sheets. 300.3-6. leserved. _..z' 300.7. Inset mks. Where the scale generally applicable to the basic atlas sheets or supplemental maps is inadequate for presentation of details in particular areas, such areas may be cross-referenced on the basic atlas sheets or supplemental maps to separate inset maps at appropriate scale. 300.8. Other stWle?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 div-.0 ons established thereby. Secs. 301-309. Ibserued. Sec. 310. 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. 311. Rules where district designation is not imitated; corrections. Except as provided at section 315.2.2, "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, finless research reveals the correct official status (in which case map corrections and entries related thereto may be made without action by the city commission), the zoning administrator shall report the need for a corrective amendment to the planning advisory board, which shall initiate the proposed corrective amendment and transmit its recommendations thereon to the city commission. D R A F T 7l25l89 Sec%. 3124314. Reserved. Sec. 315. 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 .fining atlas, the following rules shall applyi 315.1. D"ddaries indicated as appraxiiately follcu4ng the centerlines of streets, alleys, rights -of ucry, or easenots; uariatien behaxn actual and mqpal lociatian, effect of Location an zoning status of property. Boundaries indicated as approximately following the centerlines of streets, alleys, rights -of -way, or easements shall be construed as following such centerlines as they exist on the ground (except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be so interpreted as to avoid such change). In the event of vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated property is divided other than at the center, in which case the boundary shall be construed as moving with the ownership. 315.2. Boumdaries indicated as gppnax#mtely folladng bouwdaries of streets, alleys, oihcar public or private property lines, rights-of-uay, or easerents. 315.2.1. Cbneral rule. Except as indicated at section 315.2.2, 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. 315.2.2. Ek:ception in cases of apparently too sled strips; effect of vacation on ziming status of property. As an exception to the general rule above, where such boundaries are adjacent to streets, alleys, rights-cf-way, public property, or easements, and are so located with relation to other opposing boundaries as to l,'a.+e 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, it which ..dbe the boundary shall be construed as moving with the ownership. 315.3. Bxm kxries indicated as approxirrately follauing ci ty 1 i7d ts; chavrges in ci ty hard ts. 315.3.1. Generally. Boundaries indicated as approximately following city limits shall be construed as following such city limits. 315.3.2. Effect of renyjal 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. 315.3.3. Effects of a umations to the cite. 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 35, "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. 315.4. Boundaries indicated as gWrarinately fol lacing ^gin high totter 1 ines or centerlines of stream, canals, lakes, bays, or other bodies of outer. 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 mein high water lines or centerlines. In the case of a change in mean high water line, the bound aarj'y shall be construed as moving with the change, except where such moving would change the zoning D R A F T 7/;'.5/89 status of a lot or parcel, in which case the boundary shall be interpreted in such manner as to avoid such change. 315.5. &xadaries indicated as entering any body of uater. Boundaries indicated as entering any body of water, but not continuing to intersection with other zoning boundaries or with the limits 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. 315.6. Hyadaries indicated as gWravhrately parallel to or extensions of features. Boundaries indicated as approximately parallel to or extensions of features described in sections 315.1 through 315.5, above, shall be construed as being parallel to or extensions of such features. 315.7. 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. 315.8. Zoning board action in oases of regaining 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 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 in*prpretation involves only correction to the official zoning atlas or any official supplement, and does not change the zoning of any lot, the zoning board may direct corrections without proposing an amendment to the map involved. In cases where the zoning of any lot would be changed by such cc-rection, the zoning board shall initiate = a proposed corrective amendment and transmit its recommt:ndations thereon to the city commission, in accord with article 35 of this zoning ordinance Sec. 316. Actions by special exception and limitations thereon in cases where 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 iirt;cle 26 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 with regard to any land use district boundaries, nor to authorize the extension of regulations for an adjoining district into any SPI district. Secs. 317-319. Reserved. Sec. 320. Schedule of district regulations adoption. A substantial part of the regulations applying it the districts established by this zoning ordinance have been set out in tabular form in a sFr.es of sheets identified as 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. Editor's note: The schedules are set out at the end of the text, following article 38 and preceding the Comparative Table. Secs. 321-324. Reserved. Sec. 325. Official zoning atlas; official schedule of district regulations; authentication and location. �- -7 �� Do W-1. Authotic atiaa. D R A F T 7/25/89 W 325.1.1. Official Zoning atlas. Each basic atlas sheet and each overlay or - supplemental element thereto or otherwise contained in the official toning atlas shall be authenticated by the signature of the mayor, attested by the signature of the city clerk, and bear the seal of the city, under the following words: s "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. of the City of Miami, Florida, adopted ." 325.1.2. Official schedule of district rglulations. Each sheet of the official schedule of district regulations shall he authenticated by the signature of the mayor, attested by the signature of the city clerk, and shall bear the seal of the city under the following words: _ "This is to certify that this is page of the official schedule of district regulations referred to and adopted by reference by Ordinance No. 1W of the City of Miami, Florida, adopted ." 325.2. 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. 326. Official zoning atlas; official schedule of district regulations; amendment; unauthorized changes prohibited. 326.1. Axendrmt. The official zoning atlas and official schedule of district regulations are subject to amendment by ordinance as set out in article 35. 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. In the case of the schedule of,district regulations, any proposed amendment shall be identified by the sheet number, district, column, and items or items changed, identified (if applicable) by paragraph or subparagraph, numbers or letters. In 326.2. FiSsting; notice concerning incvrplete posting; authentication. 326.2.1. Posting required, notice concerning incomplete 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. 326.2.2. Authentication; recording of nature and dates of anen*rnts. Amendments shall be authenticated by entries on atlas sheets, supplements, or schedule sheets 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. 326.3. M ucthorized changes 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. 327. Official zoning atlas; official schedule of district regulations; final authority. 01 D R A F T 7/25/89 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 Mde, published, or reproduced, the official zoning atlas and amendments thereto 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. 328. 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 leaps or atlases or schedules for the city prior to the effecti�,e date of adoption or amendment of this zoning ordinance shall be retained by the city clerk aid preserved as a public record and as a guide to the zoning status of lands and waters prior to such dates. Sec, 329. Replacement of official zoning atlas, official schedule; authentication; preservation of prior records. 329.1. fplacwmt of official zonir4g 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. 329.2. Authentication. D R A �,F T 7/2S/89 tittle hiver Canal- rbve Perk overlay district s HC Heritage conservation overlay district 4W.1. District classifications ad*d by awdnwt, exert in case of SPI-interkn assay 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 distrfts established as provided at article 19 shall not be included in such listing. Sec. 402. Schedule of District Regulations. Zoning districts, or classifications, as shown un the official schedule of district regulations and as delineated on the official zoning atlas, are further described as follows: 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 minima dimension 50 feet of frontage by 100 feet of depth. This description implies a maximum net density of approximately nine units per net acre. .Intensity Minimum Lot Size: 5,000 square feet — Setbacks: front - 20 feet, side - 5 feet, rear - 20 feet — 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 .90 times the net lot area Building Footprint: maximum of .45 times the net lot area Green Space: minimum of .20 times the net lot area Permitted Principal Uses One dwelling unit per lot of record and community based residential facilities with up to six (6) residents, as defined in Florida Statutes, when located at least a 1,000 foot radius from any existing similar facility. Permitted Accessory Uses Uses and structures which are customarily accessory and clearly incidental to, permitted uses and structures, including detached garages, garden sheds, private piers, dock,; and ®, 'boathouses, wet dockage or mooring of a maximum of two (2) major private pleasure crafts. ems' Conditional Principal Uses 'Supporting services such as day care facilities to a scale serving.. the immediate _= 9 A F `t 7/25/89 Hold! occupations permissible in single-family and two-family districts only, permoent active recreation facilities accessory to uses in residential districts, temporary special event involving outdoor gatherings and the like, and garage or ,yard sales in accordance with Settiah 2003,10, all permissible by Class I special permit. bffstreet Parking Requirements Dwellings: Dwellings, minimum two (2) spaces per unit. Child care 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 children including one (1) unloading space for every ten (10) children cared for. Community based residential facilities and adult congregate living facilities: 1 space for each staff member and 1 space for each 4 residents. A reduction in required offstreet parking shall be permissible through a Class II special permit 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. Home occupations: maximum 1 additional space to the minimum requirement of the district for the employee. R-2 Two Family Residential. Intent and Scale Areas designated as two family or duplex residential allow the construction of a maximum of two -unit residential structures (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. Intensity Minimum Lot Size: 5,000 square feet Setbacks: front - 20 feet, side - 5 feet, rear - 20 feet 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 1.0 times the net lot area Building Footprint: maximum of .45 times the net lot area Green Space: minimum of .20 times the net lot area Permitted Principal Uses One dwelling unit per lot of record or two dwelling units per lot of record and community based residential facilities with up to twelve (12) residents, as defined in Floridan statutes, when located at least a 1,200 foot radius from any existing similar facility within a mult14mily zoned district and at least a 500 foot radius from any single family zoned district. Permitted Accessory Uses Same as for R-1 Single Family Residential Conditional Principal Uses Same as for R-1 Single Family Residential s 0 A A f T C it s� Atitossery vies 61 ftr R-1 single family Aftidentiai Offstreet Perking Requirements O"llirigsi !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 R-3 Multi -Family Medium -Density Residential. Intent and Scale This residential district accommodates single family, duplex and multifamily structures up to and including tow -rise apartment structures with a maximum net density of 40 units per acre. Intensity - _ Minimum Lot Size: 10,000 square feet Setbacks: front - 10 feet, side - 10 feet, rear - 10 feet Minimum Lot Width: 50 feet fl d level or average sidewalk elevation, whichever is Height: maximum of 40 feet from o0 higher Floor Area Ratio: maximum of 1.0 times the net lot area Building Footprint: maximum of .50 times the net lot area Green Space: minimum of .20 times the net lot area Permitted Principal Uses One family, two family or multiple family buildings, community uased residential density of the other ,ddevelopment feet facilities with up to the same n g s milarfacility and at 1 ast 500 located at least a 1,200 foot radius from any rooming or lodging houses and hotels. from any single family zoned district, and Permitted Accessory Uses Same as for R-1 Single Family Residential Conditional Principal Uses Same as for R-2 Two Family Residential "Conditional Accessory Uses $ape as for R-1 Single Family Residential, Offstreet" Parking Requirements Tina family A k �+ z Same as required in R-1 district S,p a as required in R4 district q` " I77 Mu1ti���ly: _ 1 space for each one -bedroom unit 2 spates for each two -bedroom unit or each three -bedroom unit 3 spaces for each unit with more than three bedrooms =1 Child care i� Same as required in R-1 district -a Adult congregate living facility and community based residential facility 1 Same as required in R-1 district Offstreet Loading Requirements: For buildings in excess of 25,000 square feet and up to 250,000 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 co 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 thirty-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. R-4 Multi -Family High -Density Residential. Intent and gcale - This residential district accommodates multifamily structures up to and including high- rise, condominium apartment structures with a maximur. net density of 100 units per net acre. Lower density residential structures are permitted within this designation provided that they comply with conditions required in the district where they are permitted. Intensity D A 7/25/89 Neighborhood tommettial and office activities which are intended to serve the retailing personal service needs of the building or complex. Foster cure homes and nursing homes bay be permissible in suitable locations within high tensity n"i'tiple family residential areast Conditional Accessory Uses Same as for R-1 and, in addition, accessory convenience establishments, subject to the, requirements and limitations of section 2003.7. Offstreet Parking Requirements Same as for R-3 Multi -Family Medium -Density Residential Offstreet Loading Requirements Same as for R-3 Medium -Density Residential 0 Office. Intent and Scale The office district accommodates office uses involving no sale of merchandise. Residential uses for medium and high -density only, up to a maximum of 100 dwelling units per net acre, hotels are also permitted within office structures in designated areas. Intensity For Residential Uses: As for R-4. For Office Uses: Minimum Lot Size: 10,000 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 Minimum Lot Width: 100 feet Height: 120 feet or ten (10) stories whichever is less Floor Area Ratio: maximum of 1.0 times the net lot area Building Footprint: maximum of .50 times the net lot area Green Space: minimum of .20 percent of open space Permitted Principal Uses Multiple family, hotel buildings and offices, except those offices selling merchandise . Permitted Accessory Uses Same as R-1 and, in addition, accessory convenience establishments subject to the requirements and limitations of section 2003.7. Conditions] Principal Uses By Special Exception only: limited retail uses which are intended to serve the retailing and .personal service needs of the office building may be permissible within the office/residential structures, up to ten percent of the gross square footage of such structures. Congregate living facilities, group homes, foster care homes, and nursing hoaxes may be permissible in suitable locations within the office district provided that the capacity of the facility does not exceed 140 persons per net acre. Neighborhood scale library branches and public institutional uses may be permissible within office district. Drive -through facilities for financial institutions, privately owned and/or operated recreational buildings and facilities, playgrounds, playfields, parks, beaches, facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit), local stations for mass transit facilities (other than bus stops), helistops and heliports, institutions for the aged or infirm shall be permissible only by Special Exception. R A F T�� 10 Miettion with public utilities, above -ground lift stations, electrical substatibns, l# +e ►f=tfg ;.flay devices for telephonic radio or television cbmnication, dwbllind or todlitq fstilttist for tralnsients, comercial parking lots or parking garages and donvoMef e'l i ei0a facilities, including restaurants, shall be permissible b.1, Class It special permit. Conditioflal Accessory Uses Rome occupations permissible in single-family and two-family districts only, p6rathetnt active recreation facilities accessory to uses in residential districts, temporary special event3 involving outdoor gatherings and the like, and garage or yard sales in accordance with Section 2003.10, all permissible by Class i special permit. In addition, accestory convenience establishments subject to the requirements and limitations of section 2003.7, and hospital incinerators subject to grant of special exception. Offstreet Parking Requirements 1 space per 350 square feet of gross floor area Lodgings, 1 space per lodging unit Residential uses: One family Same as required in R-1 district Two family Same as required in R-1 district Multi -Family: 1 space for each 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 Child care Same as required in R-1 district Adult congregate living facility and community based residential facility Same as required in R-1 district Offstreet Loading Requirements For buildings in excess of 25,000 square feet and up to 250,000 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: a Berth minimum dimension to be twelve (12) by thirty-five (55) feet: yin addition to the requirements set forth above, there shall be one berth foe^ eyi:ry a " 500,000 gross square feet of building area. C-1 Re triwcted Co+wmercial. -In toot And SG Ie , t a t 7 f t � F a C pp � D R A F T 7/25/89 The restricted commercial district accommodates commercial activities which generally serve the daily retailing and service needs of neighborhoods and specific areas, typically require easy access by pedestrians and personal automobiles, and are to be located along arterial or collector roadways. Intensity Minimum Lot Size: 10,000 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 Minimum Lot Width: 100 feet Height: 120 feet or ten (10) stories, whichever is less Floor Area Ratio: maximum of 2.0 times the net lot area Building Footprint: maximum of .50 times the net lot area Green Space: minimum of .15 times the net lot area Permitted Principal Uses One family, two family or multiple family buildings, hotels, motels, tourist homes and guest homes. community based residential facilities with up to six (6) residents, as defined by Florida Statutes, when located at least a 1,000 foot radius from any single family district and up to the same density as typical for the neighborhood, and offices, except those offices selling merchandise. In addition, general neighborhood retailing, personal and professional services, restaurants, saloons and cafes, general entertainment facilities, public or private clubs and recreational facilities, and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This land use is restricted to areas directly served by arterial or collector roadways, or directly accessible via Metrorail. Permitted Accessory Uses Uses and structures which are customarily accessory and clearly incidental to permitted uses and structures. In addition, 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, and any use permissible as a principal use, subject to requirements and limitations applying to the principal use. , Conditional Principal Uses Neighborhood scale offices, medical facilities, entertainment facilities and mixed -uses of neighborhood commercial, office and/or residential are also permissible within this land use designation by Class I Special Permit only. Conditional Accessory Uses Temporary special events involving outdoor gatherings at churches, schools or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the City permissible by Class I special permit, and wet dockage or moorage of major private pis asure craft in numbers greater than permitted generally permissible only by Special Exception. Offstreet Parking Requirements 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 Offstreet Loading Requirements For buildings in excess of 25,000 square feet and up to 250,000 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: s R A F T 7/25/89 Barth minims diidension to be twelve (12) by thirty-five (56) feet: In bddition to the requirements set forth above, there shall be one berth for event 500;iD0 gross square feet of building area. C-2 Liberal Commercial Intent and Scale The liberal commercial district accommodates commercial activities which serve the needs of other businesses, do not typically serve the daily retailing and service needs of the general public, require extensive loading facilities, and often benefit from close proximity to industrial areas. The district is also intended to allow a mix of high intensity office uses with retail uses on the lower floors of structures. Hotels and motels are the only residential uses allowed in this district. Intensity Minimum Lot Size: 10,000 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 dbUtting district, whichever is greater Minimum Lot Width: 100 feet Height: 120 feet or ten (10) stories, whichever is less Floor Area Ratio: maximum of 2.0 times the net lot area Building Footprint: maximum of .50 times the net lot area Green Space: minimum of .10 times the net lot area Permitted Principal Uses Retail and service uses in C-1 and, in addition, retailing of second-hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and services, building material sales and storage, wholesaling, warehousing, distribution and transport -related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Permitted Accessory Uses Uses and structures which are custormarily accessory and clearly incidental to permitted uses and structures including dwelling and lodging units used for watchmen, caretakers, and others requiring living quarters on the premises. Conditional Principal Uses Institutional uses, such as regional government and educational centers, motels and hotels, rescue missions and other transitory residential facilities, major sports, exhibition and entertainment facilities and convention centers, narking lots and garages, represent permissible uses within the regional commercial areas, public health and zocial service facilities, recreation and entertainment facilities, public utilities and transportation facilities may also be allowed within the district by special exception only. Flea markets by Class II Special Permit only. Conditional Accessory Uses Temporary special events, involving outdoor gatherings at churches, schools, or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the City permissible by Class I special permit, and child day care centers as an accessory use in churches, schools and other appropriate structures permissible by Class II special permit. Offstreet Parking Requirements (Note: When the use is first listed in another district, all requirements shall be those, of the more restrictive district.) 2 DRAFT Offstreet Parking Requirements Generally 7/25/89 minimum of 1 space per 1,00b square feet of gross floor area Garages, paint and body shops: 3 spaces for each service bay or stall: Flea markets: Minimum of 1 parking space per stall and 1 parking space for each 550 square feet of gross sales areas. Offstreet Loading Requirements For buildings in excess of 25,000 square feet and up to 250,000 square feet of gross building area: Berth minimum dimension to be twelve (12j 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 thirty-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. COD Central Business District Commercial Intent and Scale The ;COD commercial district accommodates commercial activities which serve the needs of the central commercial, financial and office core cf 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 the citywide district are r generally higher than those allowed in other areas of the City. Intensity Lots greater than 20,000 square feet: Minimum Lot Size: 20,000 square feet Setbacks: front - 0 feet, side - 0 feet or the same as the abutting district, whichever is greater, rear - 0 feet or the same ?s the abutting district, whichever is greater Minimum Lot Width: 50 feet Height: unlimited is Floor Area Ratio: unlimited Building Footprint: maximum of .90 times the net lot area Green Space: minimum of .10 percent of open space Permitted Principal Uses Uses included in the C-1 Commercial District and, in addition,- residential uses with an unlimited density. Permitted, Accessory Uses Uses and structures which are customarily accessory and clearly incidental to permitted use; and structures. In addition, 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, and any use permissible as a principal use, subject to requirements and limitations applying to the principal use. 8 R A P T 7/25/89 Conditional Principal Uses Institutional uses, such as regional government and educational centers, motels and hotels and other transitory residential facilities, major sports, exhibition and entertainment facilities and convention centers, parking lots and garmao.s, represent permissible uses Within the regional commercial areas all permissible only by Class II special permit. Public health and social service facilities, recreation and entertainment facilities, mixed -uses of warehousing and office, or warehousing and retail showrooms are also permissible within this land use designation. Public utilities and transportation facilities may also be allowed within the district all permissible only by Class II special permit. Institutional uses, such as City government and educational centers, hotels, entertainment facilities, parking lots and garages by Class II Special Permit only. Conditional Accessory Uses Same as required for C-1. Offstreet Parking Requirements (Note: When the use is first listed in another district, all requirements shall be those of the more restrictive district.) _Zoe* Offstreet Parking Requirements 1 space per 1,000 square feet of gross floor area Offstreet Loading Requirements _— For buildings in excess of 25,000 square feet and up to 250,000 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 thirty-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. I Industrial. Intent and Scale The industrial district is intended to apply to industries 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 byproducts, 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 be located only where directly served by major transportation facilities, and buffered from residential areas. Specifically excluded from the industrial category and all other districts in the city, are stockyards, slaughterhouses, wrecking yards, cement plants, paper factories, fireworks manufacturing, refining, smelting and forging. A A 1 T 7/ 25/89 Intensity 'nihimum tot Site: 20,000 square feet Setbidst front i 0 feet, side - 0 feet or that of the abutting districts whichever is greater, rear - 0 feet or that of the abutting districts whichever is greater Minimum Lot Width: 100 feet Height: 50 feet from flood level or average sidew;l! elevation, whichever is higher Floor Area Ratio: maximum of 1.0 times the net lot area 9uilding Footprint: maximum of .70 times the net lot area Green Space: minimum of .10 times the net lot area Permitted Principal Uses Commercial distribution, packaging, assembly, outdoor display and manufacturing such as bottling plants, distilleries, breweries, manufacturers, processors. Permitted Accessory Uses Same as required for C-2. Conditional Principal Uses Public utilities and transportation facilities are allowed within the district. Conditional Accessory Uses Same as required for C-2. Offstreet Parking Requirements Garages, paint and body shops: 3 spaces for each service bay or stall. Manufacturing and Industrial uses, research and testing laboratories, printing and engraving shops, laundries and dry cleaning establishment, wholesale, warehouse and storage buildings. 1 space for each 1,000 square feet of gross floor areas. Flea markets: Minimum of 1 parking space per stall and 1 parking space for each 550 square feet of gross sales areas, all on the site. Nonconforming uses shall meet the offstreet parking requirements required by the first district in which they are permitted generally. Offstreet loading Requirements For buildings in excess of 25,000 square feet and up to 250,000 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 thirty-five (55) feet: In 'addition to the requirements set forth above, there shall be one berth for every I D R A F T 7/25/89 Intent and Stale The parks and recreation district is reserved for public parks, recreational facilities p&rk*ays and sc"it carridors and no other uses may be permissible within to detignbt6d afeas. Intensity Only buildings supporting the function of the park. Permitted Principal Uses Public parks, open space and recreational facilities. Permitted Accessory Uses Uses and structures which are customarily incidental and subordinate to permitted uses. Within community and regional parks, museums, art galleries and exhibition space and entertainment facilities may be permissible provided that such uses are an integral part of the park's design and recreational function. Conditional Principal Uses Activities such as food service and small scale retailing may be permissible within such areas provided that they are directly related to the enjoyment of recreation activities within the park or public open space by special exception only. Conditional Accessory Uses Uses and structures which are customarily incidental and subordinate to conditional uses by Class II special permit. Offstreet Parking Requirements I space per employee plus I space per 500 square feet of gross floor area of building space. GI Government/Institutional. Intent and Scale The government/institutional district is intended to accommodate the development of major concentrations of local government activities, as well as public health, religious or educational facilities, transportation facilities, public facilities, and public and private cemeteries. Intensity Typical of surrounding area. Permitted Principal Uses Local, state, regional and federal government, health, religious educational, transportation, public utility facilities and cemeteries. Permitted Accessory Uses Uses and structures which are customarily incidental and subordinate to permitted uses. Conditional Principal Uses Limited retail uses which are intended to serve the retailing and personal service needs of the governmental/institutional use may be allowed up to ten percent of the gross square footage of such structures by Class II special permit. However, the overall intensity of retail use in this district will be significantly less than in the neighborhood commercial district. conarenate livina facilities, croup homes, foster care homes, and nursing homes may be permitted DRAFT 712S/'99 460ittels meet of exceed the rules and ftgulations prescribed by state licensing r Otents; am At tapecity of the facility does not exceed 100 units per net bcre. Conditional Accessory uses Uses and structures which are customarily incidental and subordinate to cohditional uses � ilffttreet Parking Requirements In general use: 300 square feet of gross floor area building space. for residential use: as required in the residential district immediately surrounding the area. CS Conservation. Intent and Scale The conservation district is restricted to environmentally sensitive areas to be left in an essentially natural state and no other uses are permitted. Public access to these areas may be limited when unregulated access may present a threat to wildlife and plant life within such areas. Intensity Not applicable. ^� Permitted Principal Uses Environmentally sensitive land and water areas. Permitted Accessory Uses Not applicable. ConditionalYrincipal Uses Parks, playgrounds, and recreational areas, the addition of a major structure or a change in the character of an existing park and other activities which further municipal purposes as determined by the city commission permissible by major use special permit and minor alterations or additions to an existing park building or facility permissible by Class I special permit, . Conditional Accessory Uses Uses and structures which are customarily incidental and subordinate to conditional uses only by special exception. Offstreet Parking Requirements Offstreet parking not required, however the Zoning Board may require parking to prevent a negative impact to surrounding areas. f ?` Special'Public Interest Districts. ` Special Public Interest Districts (SPIs) represent land development regulations that apply , mot`. toy specific, limited, geographic sub -areas within the City. SPIs may be located anywhere in the City within any land use category, and are intended to accomplish specific development objectives. mot; SPIs often encourage a mix of land uses, and also specify design restrictions intended to prgserye r, special neighborhood characteristics. Special Public Interest District Provisions are addressed in Section 1500. ` Mjritsge Conservation Districts. .75- - liithih districts now existing or hereafter created, it is intended to permit creation of HC heritage conservation districts, in general areas having concentrations of structures, Sites or individual structures and premises of significance in the historic, cultural, archeological, s aesthetic, and/or architectural heritage of the city, state or nation. Heritage Conservation District provisions are addressed in Section 1600. HC district are intended to: — ' (a) 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; (b) Safeguard the city's historic, cultural, archeological, aesthetic and architectural heritage, as embodied and reflected in historic sites, historic districts and archeological zones; (c) Foster civic pride in the accomplishments of the past; (d) Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; (e) Stabilize and improve property values in neighborhoods and in the city as a whole; (f) Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy; (g) 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. "r Buffer overlay districts. Intent and scale. This district is intended to create a buffer between residential and non-residential districts. Where a residential lot directly adjoins any commercini, office or industrial district, such residential lots become the buffer district. Buffer districts may be developed as a single lot or in combination adjoining with the non- residential lot to allow greater flexibility in development of land. Buffer districts may be developed to be used for parking lots serving the non-residential uses and/or non-residential buildings to the scale of the residential district. Intensity. Minimum lot size: 10,000 square feet Setbacks: front 50 feet for building, 20 feet for parking lots side 10 feet for buildings, 5 feet for parking lots rear 0 feet required Minimum lot width: 100 feet Height 25 feet at 50 feet from lot line from that point one foot in the horizontal for every two feet in the vertical dimension of the building Floor area ratio: underlying district F.A.R. (when buffer lot is combined with the non-residential lot the total floor area limitation shall be the . sum of each lot with its area requirements) Building footprint: maximum of .40 times the net lot area if developed as a single lot Green space: for parking use, minimum of .28 times the net lot area for building use, minimum of .60 times the net lot area Permitted principal uses: l� . , yp�1557V►t appw�a. iiiti�►al acesr8ry Uses: those of the Underlying district alidin ailditit) pifiiltw�, the abutting district by Special tsception only with City Cbi�sior� apprb9al i Zkit = Social,limitationI.., Buffer lot and non-residential lot shall be Under same +�naras#f. r No access to or from residential area. " g0 foot landscape buffer for the first 20 feet measured from tht _ base building line towards the non-residential district, The building buck on any lot or tract shall not be increased by - more than 25 percent of the above allowable Maximum With district. 0#fstret parking: Same as underlying district. j ARTICLE S. RESERVED i L . 4 a -1 e f•:t; 4 .�: r t i _, t ..f - "� i � r� 4F r'!� .,� ,} y s•r.3. •s' i ,ywa .fit ih ?$*T 1 ?i 3' r• . - .. .?. ! +.. " t - #T i z°' .i !: `.x F t ( � I}%�i,� ��`• JCS i` N� '. F 'F { d H' �tf n�tk 1f i'7 k 11 .J T tl 7}} t 'l t,,g x 33 �G aqt Ft i � ti � }i 4., �• ! .�yr'N,h8�1��•r .ta.';�1 g., _ t4� .Y"• t t `F ipS?41,i"IVI�Fh S - F }:P l ,� ! `z !.ti t ,ram? 1 �r �t?RV .t b.l \r \- .• ;tt 41 a ! • a .. to { �,�, x Fyn F`z. { !{ +'.1t1 1�� T1 fdi' #,1P -, i.• �'`�S•�',i,��f;s}� _r } ,. .: { .., .. .ems, �• Y ,'T' �,'f � �• � t '. h� s �. ,� : T.� r� � x i�.� tifi; i '� �: F f, t � Y,'. '�N• � tit �, r�`' �h., !��-+s'x` �r �ti \ � `' � �`—!„�,_ r 4fi �� x � � n. � ;�. F •fit it' � ::S f ` r"s 'T,�3 a �+ '� �-t .1v {. �ixt±�.�11�dt "�y".,s 's ,,,Y!;eSY{ .2ui�: rsw ��.�• � , ., rA 2 _ *, S k _;m F- tr �:�i21 �";; r'�4'x t��4"y.'sci {i W��c, ��Et^.�1,��i3 ._ D R A F T 7/25/88 ARTICLE 6. PLANNED DEALOO"M DISTRICTS Set. S00. Application of regulations; intent. The following regulations and requirements apply to planned development districts, defined for the purposes of these regulations as planned development districts for dwellings and related uses and facilities. It is the intent of this article that planned residential development and redevelopment be encouraged and that the provisions of this article be utilized as an aid in providing: (1) housing of a variety of types; (2) greater flexibility in the pattern of development; (3) improved level of amenities; (4)- appropriate and harmonious variety in physical development; (5) creative design; and (6) improved environment. Sec. 601. Planned development -housing district defined. 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 ex•)ense. PD districts may hereafter be established only by amendment to the official zoning atlas and within any zoning district in which residential or more permissible uses are permitted. Intensity of development in PD districts shall be governed by the residential district density where it is located and the Miami Comprehensive Neighborhood Plan. Sec.602 PD districts; minimum area and densities permitted. (a) Densities allowed are as follows: R-1 one (1) dwelling unit per 5,000 square feet. R-2 two (2) dwelling units per 5,000 square feet. R-3 forty (40) dwelling units per net acre. R-4 one hundred (100) dwelling units per net acre. (b) Planned developments shall have a minimum lot area of 50,000 square feet. Sec.603. PD districts; where permitted, intent concerning timing. As to timing of development of particular PD districts, it is intended that in addition to other policies and limitations set out in this ordinance and the Miami Comprehensive Neighborhood Plan, consideration shall be given to: 3 (f D R A F T 2/25/89 (a) General housing needs in the city as a whole, (b) Housing needs in the land use intensity sector 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. Sec. 604. Procedures. Application for review and approval shall be submitted as specified for major use special permit. Sec. 605 Principal and accessory uses and structures permitted generally. 605.1. Principal uses aW structures peinatted generally. The following uses and structures whose density is similar to that of the immediately surrounding neighborhood shall be permitted generally: (a) Dwellings, one -family, two-family, and multi -family; detached, semidetached, 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 community centers, game rooms,.libraries, golf courses, swimming pools, marinas, tennis courts, and the like. (c) As necessary for the operation and maintenance of the planned development, and as otherwise permitted under these or general regulations and subject to the requirements thereof, 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. lk 605.2. Accessory uses and structures pemutted generally. Those uses and structures that are customarily accessory and clearly incidental to permitted principal uses and structures, provided that at time of rezoning to PO in a multi -family building or closely related complex of multi -family buildinu having a total of at least one hundred (100) dwelling units, establishments may be permitted for sale of convenience goods, eating and drinking establishments, and professional and personal service establishments, 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 multi -family building (or complex). Sec. 606. Uses and structures permissible in PD districts. In addition to the principal and accessory uses and structures permitted above, facilities planned for development as part of the district, internally oriented, and serving needs not otherwise conveniently served by already existing facilities outside of the proposed development, may be permitted by the city commission as part of PD amendments for districts having sufficient population to support such facilities, as follows: (a) Such facilities shall include only service, commercial, and office uses intended primarily to'serve the needs of occupants of the district; and (b) Design and location of the facilities shall be such as to protect the character of the district and surrounding residential districts; and (c) Such facilities, with their related offstreet parking and other open space, shall be limited to a maximum of ten (10) percent of the area of the district, and gross floor area, open space and offstreet parking requirements shall be as established in said district. 666.1. Cbnuenience establishments. Other than as accessory uses under the terms of section 605.2, convenience establishments in PD districts are permissible only as follows: g�- -7 y D R A F T 7/25/89 606.1.2. M such eonmieac:e establishnents shall be pemri tted as a principal use in any 1V district or shall be uhere them_ are less than tun hundred (200) dmlling units. At time of the amendment establishing the district the city commission may establish limitations as to uses and staging of development of convenience establishment, including requirements as to the number of dwelling units to be under building permits or completed prior to issuance of building permits for convenience establishments. 606.1.2. Looation, grouping. Such establishments shall be located only in portions of PD districts not served by similar facilities within one -quarter (1/4) mile by normal pedestrian routes, and in portions having dwelling unit densities of at lease six (6) per net acre. 606.1.3. Mximan size of establishmts. In the PD environment it is the intent of these regulations that no such establishment or group of establishments shall be of such size or character as to create the impression of general commercial development. Therefore, in addition to other limitations designed to achieve these ends, no individual convenience establishment established under the provisions of this section shall have a gross floor area in excess of five thousand (5,000) square feet, and no combination of establishments in any one (1) location shall have a total gross floor area of more than ten thousand (10,000) square feet. Height limitations will be the same as the residential regulations of the surrounding neighborhood. Scale and design shall be harmonious with the district and adjoining district. 606.1.4. Yards shall have at least the sane rninimm dimensiaa as required for secaxkvy ualls of residential buildings of the sane height and length, provided that in no owe shall a yard be less than ten (10) feet in minimm dimansione. Yards adjacent to streets shall be landscaped, and the landscaping maintained, for a minimum depth of at least ten (10) feet from the street property line, except for driveways not exceeding the width reasonably necessary to provide access to parking areas and walkways. Parking and service areas shall be screened from view from surrounding rights of way and first floor windows on directly adjacent residential lots or building sites by appropriate structural or vegetative screening, which shall be maintained in a functional and sightly condition. 606.1.5. Offstreet parking, larding. Offstreet parking shall be provided at a minimum ratio of one (1) space for each four hundred (400) square feet of gross floor area in convenience establishments. Where there is more than one (1) establishment in a complex, parking may be grouped, but the total number of spaces required shall not be diminished. Where appropriate in terms of the relation of uses to each other and the timing of their operations, access ways and parking areas may be so located as to serve other uses in the district, if such multiple use will not lead to an overload on the parking facilities or to congestion or hazards to pedestrian or vehicular traffic. There shall be no onstreet loading in connection with any such convenience establishment. 606.1.6. I.arutations on signs. Signs for purposes of identification only shall be limited to one (1), not exceeding ten (10) square feet in surface area. Signs should respect the architecture of the building and be placed subordinately and harmoniously to the structure. Not more than one (1) sign, shall be permitted; Where more than one (1) such establishment is located in the same building or on the same premises, signs as above shall be permitted for each adding to ten (10) square feet in area. No such sign shall extend above or more than six (6) inches beyond the wall of the building. 606.1.7. Lighting. To be used only during hours of operation. No lighting shall be directed in a manner which illuminates adjoining residential buildings, and no source of incandescent, mercury vapor, or similar illumination for the premises shall be directly visible from any residential building or from any street. 606.1.8. Fburs of operation. Convenience establishment shall be open for business only between the hours of 7:00 a.m. and 11:00 p.m. Sec. 607. Uses adjacent to residential districts Where a PD district adjoins a residential district without intervening permanent open space at least sixty (60) feet in width serving as a separation between buildable areas, a twenty -foot landscaped yard shall be provided within the PD district, and no intensive recreational use or offstreet parking shall be permitted within twenty (20) feet of the district boundary in such cases. �9 t A A F T / Limitations at edges of PD distritts. Med. trrdsaw d buffer A 20, yard to include fences or walls and vegetative screening shall be provided aid maintained at edges of PD where needed to protect residents from undesirable views, lighting, noise, or other influences, or to protect residential occupants of other, distviets from similar - adverse influence from within the PD district, In particular, such screening may be required for extensive offstreet parking areas, service areas for loading and unloading other than passenger vehicles, areas for other vehicular uses, areas for storage and collection of refuse and garbage, and areas for intensive recreational use. M8.2. Might l bill tatians Along the boundaries within the first fifty (50) feet of lots fronting a public street, no building structure shall exceed twenty (25) feet in height. Within the district itself, height limitations shall be similar to the surrounding residential district regulations. 608.3. Signs visible fron outside FD districts. No signs visible from outside PD districts shall be erected within such districts other than not to exceed two (2) signs identifying the development, with total combined maximum surface area not to exceed 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 not — exceeding forty (40) square feet for each principal entrance. Such signs shill be located at least ten (10) feet from any property line, and oriented for minimum adverse ettzcts on adjoining of facing residential property. Location shall be further governed by requirements for visions clearance at intersections as set out at section 2008.9. ARTICLE 7. RESERVED. - ARTICLE 8. RESERVED. M�. c -' Y F' � -_ - ��� �,rt..�=�r�',;"�a.;_a-:tea,- ,vtai�:j '�� � t ; ;� ,� r _ . . T � t � 1�� ' RF�ERIIW '- D A A F T 7/ 5/89 SPt SMIAL PUBLIC iW1UM 61S"iRIM Wthk Pidillt IONS Sete• Iivv. Intent♦ It is the intent of these regulations to permit creation of SPt special public interest, districts where special and substantial public interest requires modification of otherwise applicable toning regulations, or amendment of such regulations in a particular case, 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 purposes set out in, the Miami Comprehensive Neighborhood Plan and other officially adopted plans in accordance with it, and shall encourage land use and development in substantial accord with the physical design set out therein. Sec. 1501. Reserved. D R A F T 7125/89 The SPI 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. 1604.2. District boundaries. A map or maps shall be included and pertinent supplementary material indicating: (a) The boundaries of the SPI district and any subareas, if any, established within the district for purposes of SPI regulations. (b) The zoning designations of all portions of underlying districts if eny, which will remain after SPI zoning is superimposed aoe the general regulations of which will be affected by the superimposed SPI zoning. Where it is proposed to change the boundaries or zoning designation of remaining underlying districts affected in the same action by which SPI zoning is applied, the map shall show the nature and location of such change. (c) The location and zoning designation of districts or portion; of districts, if any, to be supplanted by SPI zoning. 1504.3. Regulations. The regulations shall be designed to promote the special purposes of the district, as set out in the statement of intent. 1504. Requirements concerning special approvals. The regulations may require special review of development plans by the department of planning, the urban development review board, other boards, thus city commission, or other officials or agencies of the city. In specified classes of development where the Planning Director is requireo to obtain the advice and recommendations of the Urban Development Review Board in connection with Class II special permit approval, if the Urban Development Review Board fails to act due to lack of quorum within the specifier time limitations for class II permit review, the Planning Director may proceed without sv:h advice and recomendations. Where special approval ori-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. 1504.5. Provisions for variations from regulations applyinE generally in SPI districts. In connection with special plan or special permit review requirements, regulations for a particular SPI district or for specified classes of SPI districts may also (a) authorize or (b) require variations from regulations applying generally within such districts. 1504.5.1. Authorized variations. The body or bodies, officials, or agencies charged with responsibility for such special plan or special permit review in those SPI districts where variations are allowed may authorize variations from regulations applying in such districts only upon written application by those submitting plans in a particular case, and only upon making written findings that: (a) A plan proposed by an applicant, while not strictly in accord with regulations applying within the district, provides a public benefit and provides public protection to an equivalent or greater degree; and (b) In the particular circumstances of the case, strict application of the regulation or regulations is not necessary for the provision of public benefit or the provision of public protection, at the time or under foreseeable circumstances; and (c) The variation sought is in harmony with the general it ont and purpose of the district, and will not be injurious to the surrounding neighborhood; and (d) The variation does not increase population density or maximum floor area above that permitted in the district, nor does the variation reduce the total amount of open space, livability space, pedestrian open space, or offstreet parking and loading spaces required in the district. D R A F T 7/25/89 1504.5.2. Required variations. The body or bodies, officials, or agencies charged with responsibility for such special plan or special permit review in SPI districts may require variations from regulations generally applying in such districts only upon making written findings in a particular case that for reasons specifically set forth such variations are especially necessary for the public protection or the environs of particular buildings and premises. Among other things, such variations may require relocation of or increase in yards or other open spaces generally required; reduction in height generally permitted; additional limitation on uses, signs, or illumination; and buffering and screening to a greater degree than generally required. No such variation shall decrease the population density or maximum floor area generally permitted in the district. 1504.5.3. Recording authorized or required variations. Where variations are thus authorized or required, notation shall be made, including appropriate identification of the property, the instrument involved, and the date of the action. The administrativeon official shall be responsible for maintaining a record of all required or authorized variations. 1504.5.4 Variation not variance. A variation under the provisions of this section is hereby declared not to be a variance, as under article 31 of this zoning ordinance; and the two (2) terms are not to be considered as synonymous. Sec. 1505. Procedures for adoption of amendments SPI. Subject to such additional requirements as are set out under this article, adoption of SPI amendments shall be by the same procedures as for amendments generally, as set forth in article 35. Secs. 1506-15098. Reserved. * This requires change in mapping - Make SPI-1 an overlay with -eR C-1 as basic zoning. within a radius of 300 from intersection of MLK Boulevard and lth, 12th b 17th Avenues. Sec. 1510. t6t09. SPI-1 Martin Luther King Boulevard commercial district. Sec. 1511. -t5ii9. 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. 1512. Effect of SPI-I district designation. The effect of these SPI-1 regulations shall be to modify regulations within portions of other zoning districts included within the SPI boundaries to the extent indicated herein. Sec. 1513. Class II special permit. 1513.1. When required. 1513.2. Considerations ... [Insert] 1. Where feasible, all utilities shall be underground, and there shall be appropriate provision for servicing utilities. 2. 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. Color, material and historical period of structures shall be taken into account when reviewing for consistency of signs and awnings to building style. ■ D R A r 7/25/88 3. Signs may be bhtk-lit, however, special lighting features such as flashing or neon lights must be individually approved. 4. Lighting of awnings shall generally not be permitted, however, may be considered on an individual basis upon proper review of existing conditions. S. Wherever feasible, lot frontage along Martin Luther Icing Boulevard and N.W. 7th Avenue should be developed in accord with design standards for primary pedestrian pathways in Section (T). Sec. 1514. Principal uses and structures. 1 1514.1. Permitted generally. Uses and structures permitted generally shall be as for C-1, except for modifications indicated below. 1512.1.1. Limitations on uses near specified intersections of arterial streets. On lots adjacent to Martin Luther King Boulevard, where no portion of the front abutting lot line is more than three hundred (300) feet from the intersections with _ 7th, 12th and 17th Avenues North, at least fifty (50) percent of ground level frontage on the boulevard shall not be used for unit dwelling or lodging units. I 1512.1.2. 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 but not mass produced items. 1512.2. Permissible only by special permit. Uses and structures permitted and permissible 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. 4. By special exception only, bars, saloons, taverns, private clubs, lodges, supper clubs, night clubs, fraternity or sorority houses, pool and/or billiard hails. 2. By Class I special permit only, parking garages and commercial parking lots. 3. By I special exception permit only, rescue missions, temporary revival churches. 5. By special exception only, open air sales and hospitals. Sec. 1515. Minimum lot requirements; floor area limitations; required yards and other open space requirements; parking requirements. 1515.1. 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 R-3 districts. �. 2. For other uses, as for C-1 m;- 1515.4. Fixed yard requirements. y;, W S =t f �latit etmet side yerdat front And side street yams shalt be .ten (��D� fret *Xe"t adjeteht to Martin Luther King gt�ulevard, a front yard Mt lel;3 than ten (16) ter slots than twenty (20) feet in depth shall be provided. Similar yawls 001 to .. "'Ired where sides of lots adjoin streets intersecting Martin Luther King Boulevard in the area described at section 112.1.1. `A1 1 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; for depth where such yards adjoin at the side) shall be permitted to cross NO ` yards. Aw yards shall be a minimum of twenty (20) feet in depth where lots in this district abut a residential district boundary. Minimum Off -Street parking and loading shall be as required for C-1. bffsite parking shall be governed by the provisions of section 2018, "offsite parking," except as modified below: 1. In connection with nonresidential uses, offsite parking may be located not more than six hundred (600) feet from the lot it is intended to serve, with distance measured along existing or proposed pedestrian routes, in either the SPI-I or any adjoining district. 2. In connection with residential uses, offsite parking may be located in SPI-1 or any adjoining district, but only on lots contiguous to the lot on which the residential use is located. _._„ . —4.e4h1a nnly by rUSS II soecial Permit. D R A F T 7/25/89 Set. 1S20. Spl.2 Coconut Grove central commercial district. Sec. 1621. 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, uninterrupted along prime ground level pedestrian frontages by uses which are not pedestrian -oriented. It is further intended to encourage activities, arrangements, and amenities generating pedestrian street life, cultural arts facilities appropriate to the area, 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. 1522. Effect of SPI-2 district designation. The effect of these SPI-2 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. 1523. Class C Special permits. 1523.1 When required. A Class C special permit shall be required prior to approval of any permit (except special permits pursuant to Article 23) affecting the height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; or for the r. location, relocation or alteration of any structure, sign, awning, landscaping, parking area or vehicular way that would be visible from a public street [or waterfront walkway]. [SPI- 1,2,5,6,1,13,14,15] The prupose of the Class C 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 2305, and with the special considerations listed below. In making deteFminations 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. On primary pedestrian pathways as shown on the zoning atlas, the design guidelines in Section shall apply: 1524. Permissible principal uses and structures. 1524.1 Principal uses permissible on ground floor frontage of pedestrian streets. All streets indicated in the zoning atlas as "primary pedestrian pathways" shall be designated as "pedestrian streets" and are thereby subject to the following limitations. Except as otherwise provided in section 1524.3, only the following principal uses shall be permitted on the ground 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 ihops; 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 t, establishments shall deal in secondhand merchandise. 3 f D R A F T 7/25/89 2. Service establishments, including barbershops and beauty parlors; health spas or studios; laundry and dry cleaning agencies or establishments, including those coin 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 transitional locations. 5. Bars, saloons and taverns, private clubs, and supper clubs, including those with dancing and live entertainment, are permissible in such ground floor locations along pedestrian streets or elsewhere within this district only by special exception, and only subject to limitations on transitional locations. 6. Commercial recreational establishments such as pool hails, billiard parlors and game rooms. 1 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 permissible 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. 1524.2. Principal uses permissible at other locations; restrictions on location on ground floor frontage of pedestrian streets. In addition to all uses permissible on ground floor frontage of pedestrian streets, the following shall be permitted, either above or behind establishments developed with such frontage, or elsewhere within the district, but not within such ground floor frontage except as provided at section 1523.3, below: 1. As for R-4 for uses permitted or permissible therein, provided that: a. In this district, and in addition to special permits required in R-4, all uses require Class II permits unless otherwise specifically provided. b. In buildings containing combinations of residential and office uses, limitations as to proportion of office to total floor area shall not apply. 2. Offices, business or professional; travel agencies; clinics; studios; laboratories. 3. Banks, saving and loan associations, and similar financial institutions, including drive-in facilities. 4. Business colleges, trade schools (except those having external evidence of activities of an industrial nature); conservatories; dancing schools. i 5. Automotive service stations, commercial parking lots, and parking garages shall be permissible only by special exception. ii ' 6. Mortuary or funeral home with not to exceed two (2) retorts as an accessory use shall be permissible only by special exception. -1524.3. Special rules concerning extent and location of certain uses on ground floor frontage of pedestrian streets. 7 _ 1 D R A F T 1/25/89 the following rules shall apply concerning extent and location o~ the following uses on ground floor frontage of pedestrian streets: 1. On corner lots adjoining pedestrian 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 street is occupied at the ground floor level by uses permissible under the limitations of section 1524.1 for at least sixty- five (65) 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 frontage. Sec. 15245. Permissible accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible 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 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 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. delete 3. delete Sec. 1526. Minimum lot requirements. 1. :For residential uses only, not involving mixtures with other uses, minimum lot width and area shall be as for R-4 districts. 3. For other uses, and for mixtures of other uses with residential uses, lots shall be of sufficient width and area to conform with other requirements and limitations of these and other lawful regulations. Sec. 1527. Floor area limitations. 1527.1. Floor area limitations for residential or nonresidential use in a building; for combination residential and nonresidential uses in a building. Except as modified by section 1527.2. below: 1. The maximum floor area for residential or nonresidential use in a building shall not exceed one (1) times lot area. 2. Mixed use buildings: The maximum floor area for combination residential and nonresidential use in a building shall not exceed one and five tenths (1.5) times lot area. 1527.2. Allowable increase in floor area for buildings providing certain supporting uses; limitations. The maximum floor area shall be increased in conformance with the following provisions and limitations; 1. Underground and/or enclosed parking: For each ten (10) percent of required onsite parking provided in an underground parking structure or in an enclosed above grade parking structure (with automobiles screened from view) the floor area shall be increased fifteen thousandths (.015) times lot area. 2: open space. For each one (1) percent of ground level open space that a building provides over the minimum required amount of open space pursuant to _i D R A F T 7/25/89 F section 1528.3, the floor area shall be increased by fifteen -thousandths (.015) times lot area not to exceed a total of four tenths (A) times lot area. 3, 3, Theaters: For each one (1) gross square feet that a building provides for a }' theater for the performing arts or for a community theater, the floor area i shall be increased by four (4) square feet. Minimum yards, open space and residential recreation space requirements, design of ground level pedestrian areas. i 1528.1. Minimum yards. Except as required in specified locations, setback adjacent to streets shall be at least five (5) feet in depth, and interior side and rear yards (where buildings are not built to a property line shalt be at least five (5) feet in depth or width. 1528.1.1. Sec. 1529.Maximum height. Height within this district shall be limited to fifty (50) feet. Sec. 15210. Minimum offstreet parking. In addition to required minimum offstreet parking, the following provisions or limitations shall apply: 1. Location of nonresidential offsite parking shall be permissible as provided at section 2018, but without any demonstration or required finding as to practical difficulties or unnecessary hardship in providing required parking on the site. 2. In addition to the provisions for in offstreet parking requirements, deferral of parking improvements, and arrangement for provision of joint parking facilities authorized in section 2017, 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. 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. 4. Bicycle spaces shall be provided in a number equal to the number of automotive parking spaces required, except that not more than ten (10) such bicycle spaces shall be required. Storage apparatus shall be so designed as to permit locking bicycles to it securely. Sec. 15211. Limitations on signs. No signs intended to be read from off the premises shall be permitted except as provided below: 1521. General Limitations. 152111.1. Prohibited signs. Billboards, poster panels and other outdoor advertising signs shall be prohibited in this district. Other offsite signs, Ground or freestanding 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 section 2025.3.10 and those applied in special permit proceedings on particular community or neighborhood bulletin boards or kiosks. 152111.2. Signs more than fifteen feet above grade, limitations on number, area, subject matter. 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, shall be permitted for each face ot the building oriented ` toward the street, except that where the length of a building wall exceeds one D R A F T 7/25/89 hundred fifty (150) feet, a second sign shall be permitted, not exceeding fifty (50) square feet in area. 15211.1.3. Signs fifteen feet or less above grade, limitations on number 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. 15211 Detailed limitations, wall signs, projecting signs, marquee signs, window signs. i 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 establishment and maximum area of any such sign shali 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. 15211 Real estate signs, construction signs, development signs, number and area. i 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. 15211.4. Directional signs, number 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. 15211.5. Community 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. 15211.6. Additional wall signs for theaters, museums, noncommercial 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 feet for each lineal foot of building wall frontage on a street, with maximum permissible area two hundred (200) square feet. 15211.1. Special permit requirements, specified types of signs. Except where such signs are approved in connection with general special permit actions concerning development on the premises, a Class -C 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. All signs requiring special permits shall conform to the design standards set forth in guides and standards for use with the Miami Zoning Ordinance. D R A F T 7/25/89 Sec. 1536. SpI.3 Coconut Grove major streets overlay district. - Class I peMit and Height tigit Sec. 1531. intent. Within Coconut Grove, a number of subareas along major streets in the community are of special and substantial public interest because of unusual characteristics, including architecture and natural features. The Village of Coconut Grove has a unique cultural and historical heritage and a distinct physical identity characterized by diversified and abundant vegetation, a rich and compatible variety of architectural styles, limited scale of buildings, and use of public ways. These special regulations are intended to apply to highly visible, relatively intensively developed 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. 1532. Effect of SPI-3 district designation. The effect of these SPI-3 regulations shall be to modify regulations within the portions of existing districts indicated in the official zoning atlas as within its boundaries to the extent indicated herein. Sec. 1533. Class II special permit. 1533.1. When required. A Class C 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 [landscaping,] parking area or vehicular way that would be visable from a public street [or waterfront walkway]. [SPI-3,4,9,17] 1533.2. Considerations in making Class C special permit determinations. The purpose of the Class C special permit shall be to ensure conformity of the application as submitted (or with such conditions and saf-guards as may reasonably be attached to assure such conformity) with the expressed intent of this district, with the general considerations listed in Section 2305, and with the general considerations listed in Section 2305, and with the special considerations listed below. In making determinations concerning construction of new priincipal 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. 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 a to retain, to the extent reasonably practicable, 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 area and structures, shall be adequately screened by appropriate plantings or other weaved. Secs. 1534-1538. Reserved. Sec. 1539. Special height limits. 2 ���i i-fis. k �Yi. °, P�.;a'**; m}t ai :# i oil v .k?i`+. o+r�,� WAN t a � ,4 qU4 why .+l q �'� :;ti 7t=,f i�4'��� 4 `ig f+, i.'4�y X� {t, », "' �'� y •� 3 YII � Y IN j ASS4 10IC-1 D R A F T 7/%5/89 Sec. 1550. SPI-5 Brickell Wirer Avenue residential -office district. Sec. 1551. Intent. This district is of special and substantial public interest because of its prime location along the bayfront and the Miami River, close to and visible from, the CBb 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 interests 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 evident in some development within the area, 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. 1551.1. Intent concerning uses. Concerning 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. 1551.2. Character, site planning, and architectural design. 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, and providing both for desirable shade and shelter in = pedestrian areas (and particularly plazas), and solar access where necessary for the provision of energy, or for other purposes. It is intended that major portions of principal buildings shall in general be in the form of slender towers, leaving ample open spaces at or near the ground, minimizing impediments to portions ofi, the horizon arc involving important views, and protecting the open character. 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 ccr!centration 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 that parking shall be for the most part within structures 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 rresent an attractive appearance. Sec. 1552. Effect of SPI - 4 district designation. The effect of these SPI-4 regulations shall be to supplant districts or portions of districts existing at the time of mapping of this district in the Official toning Atlas. Sec. 1553. Class C Special permits. When required. A Class C special permit shall be required prior to approval of any permit (except special permits pursuant to Article 23) 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 visable from a public street (or waterfront walkway]. The purpose of the Class C 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 ;> t D R A F T 7/25/89 general considerations listed in Section 2305, 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. 1553.2. Considerations in making Class II special permit determinations. The purpose of the Class C 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 2305, 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. Along waterfronts, buildings shalt 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. [Insert from 1556.3.7. "b"1 3. [Insert from 1556.3.7. "2"1 4. Public access to waterfront plazas and walkways shall be provided in accord with the Baywalk/Riverwalk Guides and Standards in Section _ 5. Pedestrian walkway connections shall be provided between parallel public streets and to the waterfront in conformance with section 1558.2.2. 6. In general, principal pedestrian entrances to buildings shall be along street frontages with major traffic, volumes, and vehicular entrances shall be at the side or rear on streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize marginal vehicular friction along major streets. 7. [Copy from p.4 in SPI-7 - primary ped. path] , 8. [Copy from p.4 in SPI-7 - #5 concerning offstreet parking and loading] Sec. 1554. Permitted principal uses and structures. 1554.1. Permitted generally, without limitation on location within the district. The following uses shall be permitted generally, without specific limitation on location within the district: 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. 3. Banks, savings and loan associations, and similar financial institutions, provided that drive-in facilities for such establishments shall be permissible only subject to the requirements of sections 1553.3 and 2031, and that there shall be no entrances or exits to such facilities from major streets. 4. Restaurants, including those serving alcoholic beverages, provided that in this district, table service in adjacent plazas or other pedestrian open space shall be permitted. Drive-in restaurants shall not be permitted. ¢. Schools, colleges and universities, public and private, including business colleges, trade schools (other than those having external evidence of activities of an industrial nature), conservatories, dancing schools. 6. Child day care centers, subject to applicable provisions of section 2036.4 and 5. 7. Hospitals, convalescent homes, nursing homes, institutions for the aged or infirm, community based residential facilities. W 9-1--7 q6 D R A F T 8. Places of worship. 7/25/89 9. Recreational buildings and facilities, playgrounds, playfields, parks, benches and the like. 10. Auditoriums; libraries, museums and galleries related to the fine arts, neighborhood or community centers. 11. Garden, service, civic clubs (not for profit). 12. 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. _ 13. 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. = 1554.2.Permissible subject to limitation within the district, limitation as to location in buildings, or on lots, or limitation as to size of individual establishments. Retail and service establishments permitted generally within the CR-2 district shall be permissible within this district, subject to the following limitations: - _ 1. At least sixty-five percent (6596) of the lot width along SE 10th Street 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. The remaining frontage may be occupied by uses permissible as provided in Section 1554.1. _ 2. Retail and service establishments 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) of office, hotel, residential and/or parking structures; provided, however, that such retail and service 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 retai" 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 i•y 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, 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. 1554.3. Permissible only by special exception. D R A F T 7/25/89 1. Drive-in facilities for financial institutions. 2. Bars, nightclubs, supper clubs and theaters. 3. Marinas. 4. Parking tots, 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. Sec. 1555. Permissible accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible 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 I special permit. The following special limitations or exceptions shall apply to accessory uses and structures in this district: 1. [Insert -copy from SPI-7 p. 7 157 f2 concerning vehicular access] 1555.1. Outdoor displays, exhibits, sales, service of food or drinks, or other activities. Where approved by general Class II special permit in connection with original development, or in subsequent Class II special permit action, as to location, design, improvement, provision for maintenance and provision for free pedestrian movement through the area without unreasonable interruption by such facilities or activities, outdoor exhibits, displays, sales, service of food or drinks, or other 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. 1555.2. :Open shelters, display stands and cases, bulletin boards, kiosks, outdoor service facilities for food or drink, exemptions from yard or open space occupancy limitations and from inclusion in floor area for purpose of bulk limitation or computation of parking requirements; limitations. Where approved by general Class II special permit in connection with original development, or in subsequent Class II special permit action, roofed shelters open at the side and for at least forty (40) percent of perimeter of coverage, temporary fabric roofs or windbreaks, exhibit and display stands and cases, community or neighborhood bulletin boards or kiosks, and facilities for outdoor service of food or drinks may be permitted in appropriate locations in urban plazas or other open space. If so approved, such shelters, structures or facilities shall be exempted from limitations generally applying to occupancy of yards or open space, and sheltered areas as indicated and areas for service of food or drinks shall not be included in floor area limited by floor area ratios on the property, or counted in computing offstreet par!.ing 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. 1556. Minimum lot requirements. Minimum lot requirements for residential uses or nonresidential uses shall be a minimum gross 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 2102.1, lots which do not meet the minimum lot requirements for the SPI-5 district may be used for parking structures by special exception, provided that all other applicable provisions of the SPI-5 district are met; or such lot may be developed under the requirements and limitations of 0-Office. Sec. 1557. Floor area limitations. Floor area limitations of SPI-5 shall be as follows subject to the requirements and limitations of section 2000.1: 1557.1. Floor area limitations for residential and nonresidential buildings. Except as modified by section 1557.2. below: g 9 -- -7 cee�� D R A F T 7/25/89 1. The total floor area for a residential building on an individual lot shall not exceed five (5.0) times lot area. 2. The total floor area for a nonresidential building on an individual lot shall not exceed four (4) times 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 five (5.0) times lot area; provided, however, nonresidential uses shall not exceed four (4) times lot area. 1557.2.Allowable increase in floor area for off -site affordable housing; retail, service, restaurants, museums, art galleries, post offices, and libraries at ground level; underground parking; and day care. With the approval of the urban development review board, the maximum floor area and/ shall be increased in conformance with the following provisions and limitations; provided, however, that the total "Offsite affordable housing". 1. Offsite affordable housing: The floor area may be increased for any permitted use up to a total increase of, one and two tenths (1.2) times the 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 ($6.61) to the City of Miami affordable housing fund administered by the City of Miami; or b. Developer -sponsored construction of fifteen -hundredths (0.15) gross -'' square foot of affordable housing. 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 designated affordable housing fund has been deposited with the City of Miami. All affordable housing units constructed under the provisions of this ordinance wholly or in part with affordable housing funds must be located within one (1) mile of the SPI-5 district boundaries, or be located within the Southeast Overtown/Pare West Community Redevelopment Area. 2. Retail, service, and restaurant, and other public amenity uses at ground level: For every one (1) square foot of ground level retail, service or restaurant uses in conformance with the requirements and limitations of section 1553.2 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 permissible use, not to exceed a total increase of five -tenths (.5) times gross lot area. At least fifty (50) percent of the retail, service, or restaurant uses shall be located at ground level and shall have entrances which open directly to either public sidewalks or required plaza space as provided in section 1556.3.6.1. 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. Underground parking: For every one and one-half (1.5) square feet of underground parking (the top of the roof of the underground parking shall not exceed three and one-half (3.5) feet above any adjoining public sidewalk) that a building provides, the floor area shall be increased by one (1) square foot sy-9y(,,O D R A F T 7/25/89 for any permissible use, not to excecn fifty -hundredths (.50) times gross lot area, 4. Child Care Center: For every one (1) square foot of floor area of child cart center indoor area and two (2) square feet of child care outdoor play area that meets the requirements of Section 2036, the total allowable floor area shall be increased by four (4) square feet, but not tc exceed a total floor area increase of five -tenths (.5) times gross lot area. 1557.3. Limitation on floor area for retail and service uses. The total combined floor area ratio for all retail and service uses permissible in section 1553.2 shall not exceed five -tenths (.5) times gross tot area. Public circulation space and other common areas are not included in the calculation of retail or service floor area. 1557.4. 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 a floor area of three (3.0) times net lot area. For purposes of these controls, such floor area shall include all floor area within the structure, including area used for parkir,1 but shall exclude any area used for establishments indicated at section 1554.2, 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 open space and shall conform to the requirements and limitations of section 1554.2. Other than fixed yards requirements applying to all buildings, no additional 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 open space. Urban Plaza requirements shall not apply to parking garages as principal uses. Sec. 1558. Minimum yards, pedestrian open space and plaza areas, through block connections, waterfront walkways, requirements and limitations on location, improvements and use. 1558.1 Minimum yards 1. Adjacent to Brickell Avenue, all yards shall be thirty (30) feet in minimum depth. There shall be no street parking in any yard between Brickell Avenue and the nearest portion of any building. Except where no other access is available, there shall be no vehicular driveways in any yard adjacent to Brickell Avenue. 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. 1558.1.1 Parking prohibited in required yards adjacent to streets; landscaping required: design standards. Required yards adjacent to streets shall not be used for offstreet parking. Except for portions authorized for vehicular access, such 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: 1. 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. 2. Paving materials and patterns shall be compatible with adjacent or nearby properties and shall meet established sidewalk grades. - 3. Street furniture shall be providpi which may include benches, trash receptacles, pedestrian walkway lighting, bus shelters, sculpture, kiosks, and the like. These may be located in the pedestrian area as long as pedestrian flow patterns are continuous. D R A F T 7/25/89 4. 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. S. Improvements within the public right-of-way shall require City of Miami Department of Public Works approval. 1558.2 Ground level open space; special requirements concerning plazas, through block connections, waterfront walkways. 1558.2.1 Special requirements for plaza area, seating, landscaping. Pedestrian open space, in the form of an urban plaza, shall be provided in this district in an amount not less than twenty-five (25) percent of net lot area; twenty percent of gross lot area in no case shall less than four hundred (400) square feet of plaza area be required with a minimum dimension of twenty (20) feet. Said plaza open space shall be located at ground level (no more than forty-two inches above the adjacent public sidewalk) where it will be accessible from public ways. In addition to conforming to the requirements for urban plazas in the City of Miami Guides and Standards, such required plaza area open space shall be improved for intensive pedestrian use and enjoyment as follows: 1. One (1) lineal foot of seating in the form of benches shall be provided for each fifty (50) square feet of required plaza area. Such seating shall be in addition to any chairs provided in connection with outdoor service for food or beverages. - 2. Trees shall be provided as follows: One (1) per five hundred (500) square feet for plazas u to two thousand q p p (2,000) square feet of required plaza area; one (1) per eight hundred (800) square feet for plazas up to six thousand (6,000) square feet in required area; and one (1) per one thousand (1,000) square feet for plazas exceeding six thousand (6,000) square feet in required area. Each such tree shall have a minimum of two hundred (200) cubic feet of soil, forty-two inches deep and an open planting bed of at least fifty (50) square feet. Raised boundary walls around such planting beds shall be not more than sixteen (16) inches in height. Where required plazas adjoin public rights -of -way, one (1) tree shall be provided every thirty (30) linear feet along the perimeter in the grassed area between the sidewalk and the roadway or in the sidewalk where grassed areas do not s exist. Sidewalk tree planting surfaces shall be a minimum of ten (10) square feet. Varieties of trees selected shall be appropriated to location. Where plazas or perimeter planting areas are shaded by buildings, selection shall be made accordingly. 1558.2.2. 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 eighteen (18) 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. 1a58.2.3. Waterfront walkways. All waterfront lots shall provide a continuous pedestrian walkway along the edge of the waterway which shall be V D R A F T 7/25/89 open to the general public during normal business hours and designed in accord with Baywalk/Riverwalk Guide:. and Standards as provided in Section 1553.2."2" Appropriately screen ground or rooftop mechanical equipment and utility service areas visible from nearby buildings with landscape or architectural materials. 1S53.2."3" Buildings within close proximity to adjacent districts to the south (RG-3, RG- 2.1, RG-2.2) should be designed to either minimize or eliminate any shading of a principal structure or a recreational use area between 10:00 a.m. and 3:00 1 P.M. (Ord. No. 9668, @ 1, I-28-83) Sec. 1559. Height limitations. When parking garages are permitted as a principal use, 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 tower. Sec. 15510. Offstreet parking and loading. minimum offstreet parking requirements shall be as follows: 1. For residential uses, there shall be a minimum of five -tenths (.5) parking spaces and a maximum of one and twenty-five hundredths (1.25) parking spaces per dwelling unit. 2. For hotel or motel use there shall be a minimum of twenty -five -hundredths (.25) parking space and a maximum of one and five -tenths (1.5) parking space per lodging unit. 3. For nonresidential uses listed in sections 1553.1 but not including restaurants, there shall be a minimum of one (1) parking space per one thousand (1000) square feet :of gross floor area and a maximum of one (1) parking space per six hundred (600) square feet of gross floor area. 4. For restaurants there shall be a minimum of one (1) parking space per six hundred (600) square feet of gross floor area and a maximum of one (1) parking space per one hundred (100) square feet of gross floor area. 5. For bars, nightclubs, supper clubs, and theatres there shall be a maximum of one (1) parking space per one hundred (100) square feet of gross floor area and no minimum required amount of parking, provided that onsite parking for other permitted nonresidential uses is provided in an amount equal to one (1) parking space for each three hundred (300) square feet of gross floor area in bars, nightclubs, supper clubs, and theatres. 6. For retail and service uses permissible in section 1553.2 there shall be a minimum of one (1) parking space per one thousand (1000) square feet of gross floor area and a maximum of one (1) parking space per three hundred (300) square feet of gross floor area. Offstreet loading requirements shall be as provided in sections 2022-2023, 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. Offsite parking shall be permissible as provided in section 2018, except that such parking may be up to one thousand (1,000) feet from the principal site, subject to a Class II permit, and may not exceed more than fifteen (15) percent of the maximum permitted amount of onsite parking. Offsite parking may exceed fifteen (15) percent of the maximum permitted amount of onsite parking and one thousand (1,000) feet from the principal site subject to a Class D permit and approval by the planning department of a permanent plan to transport remote site parking patrons to and from the principal site at :he principal property owner's expense. It is further provided that in this district geoieral Class II special permits may cover matters requiring other special permits as in the case of offstreet loading, above. Vithih his district, ninety (9b) Weeht of all offstrebt paftiho, twim Of i ii, It" ,)b,ti 'td a principal use, shaces ll be %ithin enclosed structures on the Of"ises, except litre offsite harking is authorized as provided above. A number of parking spaequal to hot Nibf�b than fire (5) percent of the required number of ofrstreet space may be authorized ih c bti1 viith passenger loading areas. A number of parking spaces equal to not acre than ten (10) VerMt of the required number may be e-466% for smreeninihthe open, at from ground levels orao her views has been level or on �apprfwOd n Which architectural treatment andg Class it special permit procedures. The upper surface of underground parking structuresshall otekceedkaaheightno Of thhree shall one-half (3.5) feet above the average grade of the abutting public s idewals permitted on top of that nnationto openparking dparking structure on decks. is above the eUnderground established grade except a provided aboveinre mum of feet adjoining street lOt parking structures shall fbe set back a rom and rhlot lines. O,In no casefrom hall open parking be lines, and five (5) feetetom interior side ear permitted on such decks within required street yard areas. Above ground parking structures shall not use structure nt on ll Avenue or the and the special character of unless they are visually compatible with the principal the district. Sec. 15511 Limitations on signs. nvw%u4daA far R.4 districts. IS d+. � y. ? �+i�i b,' P �h 1 i' �'aS � r➢Y } Ylt ,.v =� .. t ... i. �'. � aa 4 �� ' Y��a �' ✓ << � r� _ A } fir; _ i t" i � � _ »�.. - r ",,fix ? � f,. d 4 £ �R���#'�S� �'� '. Y" t � Lfit � ±f•� ky" ;.. ib, {, Y D R A F T 7/25/89 Set. 1560. Spt-6 central commercial residential district. Sec. 1561. Intent. This district is of special and substantial interest because of its 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. 1561.1. Intent concerning uses and intensity 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, 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, stimulating, and enhanced. Further, this district recognizes the substantial access and energy conservation advantages afforded by the proposed downtown component of the metrorail transit system and permits greater development intensities to sites in close proximity to rapid transit stations. 1561.2. Character, site planning and architectural design. Due to the increased traffic burden on public roads and sidewalks that will be caused by _+ the substantial increase of permitted development intensity in this district, it is intended that public walkway systems be increased commensurately by the creation of plazas and promenades within the district's 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 this district. 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 the district, 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 the district. However, to ensure ground level compatibility of projects, it is intended that the landscaping, paving materials, [and] street furniture complement the district as a whole, and provide a uniform, yet diverse environment for its users. As appropriate for public needs, and the needs of building occupants, it is intended that the upper portions of principal buildings be designed 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. Change is the key; animation of images the objective; a true, understandable expression of the center city is the purpose. Sec. 1562. Effect of SPI-6 district designation. The effect of these SPI-6 regulatins shall be to supplant districts or portions of districts existing at the time of mapping of this district in the Official Zoning Atlas. 16 D R A F T 7/25/89 Sec. 1562. Special permit. 1562.1. When required. F No building permit shall be issued within the boundaries of the SPI-6 district affecting the height, bulk, location or exterior configuration of any existing principal structure, the construction of any new structure, or the location of relocation or enlargement of vehicular ways or parking areas on private property until a special permit has been issued. Except as otherwise indicated in connection with specified uses, a Class-E II special permit shall be required. 1562.2. Materials to be submitted with applications. Materials to be submitted with applications for such permits shall be as required generally at section 2304. Site and building plans and related reports shall be in such detail, and of such a nature, as to facilitate the making of determinations in the particular case as to conformity with the principles established below. 1562.3. Considerations generally; and special considerations. 1562.3.1. Considerations generally. The general purpose of such special permit considerations shall be to determine conformity of the application as submitted, or with such conditions and safeguards as may reasonably be attached to assure such conformity, with the requirements and expressed intent to these regulations as applying generally throughout the district, as well as to any conditions, limitations or requirements, specified for particular uses or locations. In making major determinations in this class of cases, the planning director shall obtain the advice and recommendation of the urban development review board; in addition, the director shall obtain the recommendation of the public works department on vehicular traffic circulation. Sec. 1563. Class II Special Permit. 1563.1. When Required 1. Buildings shall be so oriented and designed as to minimize impediments to water views from principal public view points at both lower and upper levels of buildings located inland from Biscayne Bay. In determinations concerning such views, preference shall be given to east -west orientations and design giving the least cumulative impediment to horizon arcs including such views. All structures and improvements on lots abutting any street designated as a primary pedestrain pathway" in the zoning atlas shall be designated in accord with the standards in section? 3. Pedestrian walkways shall be designed to ensure adequate continuous circulation space, white 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. 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. Rooftops ... (Insert from SPI-7] 6. Offstreet parking and loading shall generally be within enclosed structures [copy from SPI-7] Sec. 156. Principal uses and structures. 156.1. Principal uses permissible on ground floor frontage on plazas and pedestrian streets, special rules on limitations as to location of uses in buildings or on lots. The following streets are hereby designated as pedestrian, streets: Biscayne Coulevard from I-395 to N.E. 17th Terrace; N.E. 14th Street from Biscayne Boulevard to N.E. Bayshore Drive; N.E. 15th Street from N.E. 2nd Ave. to a point three hundred feet west of the cencerline of N. Bayshore Drive. g�- D R A F T 7/25/89 1. Only the following principal uses shall be permissible on the ground floor frontage of plazas, and pedestrian streets. a. 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-in facilities); pet and pet supply stores, photographic supply stores; sporting good and bicycles; TV and radio stores; variety and sundry stores; 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. b. 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. c. Art galleries, museums and libraries not operated for profit. d. Bars, saloons, and taverns, including those with dancing or live entertainment. e. Supper clubs and night clubs. f. Restaurants, tea rooms, and cafes, including those with dancing, live entertainment and/or outdoor table service (where appropriate). g. Theaters, other than drive-in. 2. The following rules shall apply concerning the location of principal uses on of pedestrian streets. a. At least sixty-five (65) percent of the lot width shall be designed in accord with the standards for primary pedestrian pathways in section and occupied by principal uses permissible in section 1564.1. The remaining frontage may be occupied by uses as provided in section 1564.2. Each use shall have convenient direct access from the adjacent public t:alkway. 3. The following rules shall apply concerning the location of principal uses on the ground floor frontage of required plazas: a. At least fifty (50) percent of perimeter walls of the required plaza shall be occupied by uses permissible by section 1564.1, and the remaining frontage may be occupied by uses permissible as provided at section 1564.2. 1564.2. Principal uses permitted at other locations; principal uses permissible at other locations only by special permits. 1. In addition to all uses permitted on ground floor frontage as listed in section 1564.1 above, the following uses shall be permitted, either above or behind establishments developed with such frontage, or elsewhere in the district, but not within such frontage except as provided at section 1564.1: a. As for R-4, for uses permitted or permissible therein, provided that in this district, regardless of special permits required in R-4, all uses require a Class II special permit unless otherwise specifically provided. b. Hotels and other facilities for transient dwelling or lodging. ♦l` D R A F T 7/25/89 c. Offices, clinics, studios (other than dance), laboratories, travel agencies, and tittet agencies. d. Banks, savings and lnan associations, and similar financial institutions, provided that drive-in facilities for such establishments shall be permissible only subject to the requirements of section 2031, and that there shall be no entrances or exits to such facilities from major streets, and that drive-in facilities shall require a special permit as indicated in this section. e. Health studios and spas. f. Educational institutions of a business, professional or scientific nature. g. Automobile agency, sales and display only. h. Auditoriums and arenas, not operated for profit. i. Private clubs, lodges, fraternities, and sororities, religious and other similar uses not operated for profit. J. Offsite signs, subject to the limitations of section 15611. 2. The following uses shall be permissible only by special exception in locations above or behind establishments required by section 1564.1, or elsewhere in the district: a. Automobile rental agency, provided that not more than twenty (20) automobiles, or passenger vans building 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. b. Drive-in service facilities for financial institutions, with city commission approval. c. local stations (other than bus stops) for mass transit facilities. Structures and uses relating to the operations of public utilities and requiring locations within the district to serve it 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. f. 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. g. Privately owned and/or operated recreation buildings and facilities (other than as permitted generally), playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries, museums and the like. h. Private clubs, lodges, fraternities, sororities, and the like, operated for profit. 1563.4. limitations on uses. 1. Except for outdoor dining and drinking places, exhibits of arts and crafts, flowers and plants, parking lots, parking garages, and other uses as authorized by special permit, all activities shall be conducted with completely enclosed buildings. 2. Aside from antique stores, art galleries, and book stores, no establishment shall deal in secondhand merchandise. 3. All products shall be sold at retail on the premises. No wholesaling or jobbing ' shall be conducted from within the district. ■F Sec. 1565.. Accessory uses and structures; limitations; special requirements. j Uses and structures which are customarily accessory and clearly incidental to permissible i principal uses and structures, approved in the same special permit proceedings, and initiated or VV 9y� ■ ■: D R A F T 7/25/89 i completed within any time limits established generally or in relation to the special permit, shell 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. 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 dropoff lanes are requested by private development, minimum yards and setbacks shall be adjusted to provide the same amount of pedestrian walkway area. 2. All access drives from streets shall require the approval of the Miami Public Works Department as part of the special permit proceedings. 3. Where approved by Class II special permit , as to 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., —_ Combine with previous -@outdoor displays, exhibits, sales, service of food and drinks, or other activities may be conducted in open spaces, required, pursuant to section 1563.3.1 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 7 permitting which might otherwise be required under these zoning regulations, but shall not be exempted from requirements for other permits. Each development 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 from Biscayne Boulevard. 1565.1. Temporary 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 permissible only by Class 8 special permit subject to the following conditions: 1. Such use shall not be established for a period exceeding fifteen (15) days, nor shall any one (1) location be used within ninety (90) days for a similar purpose. 2. No alcoholic beverages shall be sold on the premises. Sec.1566. Minimum lot requirements. There shall be no specific dimensional requirements, but lots shall be of sufficient size to conform with other requirements and limitations of these and other lawful regulations. Sec. 1567. Floor area limitations. 1. The floor area for commercial, office and other nonresidential use buildings shall not exceed: a. Six (6.0) times 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. Eight (8.0) times 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. 7 Nj' b RAF T 7/25/89 2. The floor area for residential buildings shall not exceed nine (9.0) times gross lot area. 3. The floor area for buildings containing a minimum of twenty-five (25) percent residential and twenty-five (25) percent nonresidential uses shall not exceed ten and one-half (10.5) times gross lot area. Sec. 1568. Minimum yards, setbacks, open space and residential recreation space; design of ground level pedestrian areas. 1568.1 minimum yards. 1. Adjacent to Biscayne Boulevard, all yards shall be a minimum of fifteen (15) feet in depth. 3. Adjacent to other streets, all yards shall be a minimum of five (5) feet in depth. 2. Adjacent to N.E. 13th, 14th, 15th, and 16th Terraces, there are no minimum yard requirements. 4. Except as greater dimensions are required for building spacing, there shall be no minimum requirements for all interior yards (side, rear, and special). 156.8.2. Grond floor setbacks. Except where ground level open space is approved by Class II special permit pursuant to section 1568.4, following are the minimum and maximum setbacks for the — ground floor of all buildings as measured pet to the base building. 1. Adjacent to Biscayne Boulevard, building or portion thereof shall be set back at ground level less than fiftenn (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 permissible. 2. Adjacent to other streets, no building or portion thereof shall be setback : less than fifteen (15) feet in depth shall be provided; however, above a height of eighteen (18) feet the location of the face of the building is only restricted by the minimum yard requirements. 1568.3. Special requirements for ground level pedestrian areas; landscaping and street furniture required, design standards. 1. Required yards and setbacks adjacent to streets shall not be used for offstreet parking or loading. 2. 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 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, advertising kiosks, sygns, and the like may be located in the pedestrian area a long as pedestrian flow patterns are continuous. See Section 1564 for accessory uses. b. Paving materials and patterns shall be compatible 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) spacing. e d. Building columns within the ground floor setback area required in section _. 1568.2 above shall provide a minimum of seven (7) feet between columns '.. L 9 / SW; 1 7 .�% C. ; D R A F T 7/25/89 for every one (1) foot of column width, and a minimum unobstructed distance of eight (8) feet between the face of a column and the 'face of a building wail. e.. Notwithstanding a through above all improvements along Biscayne Boulevard shall conform to the adopted design plan for Biscayne Boulevard. 1568.4. Open 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 standards in sections 1568.3.1 and 1568.3.2 below. 1568.4.1. Alternative types of open space. Minimum open space requirements for nonresidential floor area may be satisfied by any of the following types of open space: 1. Urban Plazas. The section on urban plazas in the City of Miami Guides and Standards shall apply, and in addition: 1. Along Biscayne Boulevard, N.E. 15th Street, or Flagler Street, the plaza shall front directly on the street. 2. The horizontal dimensions of the plaza space shall not exceed a one -to - three (1:3) proportion. 3. The plaza shall be open to the sky and be accessible to the public at all times. 4. Up to sixty (60) percent of the plaza area may be used for entertainment activities and performances, displays, exhibits, and seating. 5. A minimum of one (1) shade tree or three (3) palms shall be provided for each one thousand (1,000) square feet of required or provided plaza area. Each such tree or palm shall have a minimum of two hundred (200) cubic feet of soil, forty-two (42) inches deep. Varieties of trees and/or palms selected shall be appropriate as to location, available light, temperature and the like. 6. 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. 7. 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. 2. Urban Gardens. 3. Atruims. :3 4. View Terraces: t '1 1568.4.2. Alternative types of residential recreation space. As an alternative to open space as defined in section 1578.3.1 above, minimum open space requirements for residential use>:may be satisfied by any of the following types of private recreation space. tip+ D RAP ? 7/25/89 ), balconies, terraces, and Courtyards. 2. Outdoor common recreation space. 3. Indoor common recreation space. 1569.5. 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. Sec. 1569 Height limitations. There shall be no height limitations except as follows: 1. Along street frontages, and above a height of one hundred (100) feet, no portion of a structure shall extend through a sixty -three -degree inclined light plane constructed at the centerline of the adjacent street; however, the maximum required setback of a structure shall be thirty-five (35) feet. , Sec. 15610. Offstreet parking and loading. 2. Offstreet loading requirements shall be as provided in sections 2022--2023, provided that special permit requirements set forth there shall be waived in cases where new developments involving Class II special permits cover the same matters. Sec. 1569. Limitations on signs. Signs limitations shall be as provided for the CR districts with the following exceptions and modifications: 1. Signs, flashing, animated, revolving, whirling, animated, banners, pennants or streamers shall be permitted. 2. Offsite signs shall be permitted limited to one (1) per street frontage and four hundred (400) square feet of surface area provided that they are 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. Further, recognizing that offsite signs above a height of fifty (50) feet above grade shall be subject to the provisions of Section 2026.16, as appropriate and where those provisions are more limiting. 0 3. Projecting signs (other than marquee signs) shall be limited to one hundred twenty (120) square feet for each sign surface. mml t 4. Ground or freestanding signs shall be limited to directional signs and temporary i € civic and political campaign signs. 5. Kiosk advertising shall be limited to the announcement of events, exhibits, ::; entertainment, and cultural events. � � t r i. ;� F: � X'f5,�-4 ''T{ham ^�'.. �. 4 a- V D R A F T 7/25/89 Sec. 1570. SPI-7 Central Brickell-Mism!River rapid transit commercial residential districts. See. 1511. 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 supporting 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. 1571.1. Intent concerning uses. Concerning uses, it is intended that multifamily residential occupancy and ground level retail, service, cultural and entertainment uses be encouraged 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. 1571.2. Character, site planning and architectural design. ..�' 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 that such parking, for the most part, shall be in structures so located and designed to minimize the visual impact. It is further intended that rooftops as seen from upper level area shall present an attractive appearance. Sec. 1572. Effect of SPI-7 district designation. The effect of these SPI-7 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. 1573. Class II special permit. 1573.1. When required. A Class II special permit shall be required prior to approval of any permit (except special permits pursuant to Article 23) 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 visable from a public street or waterfront walkway. 157.2. Considerations in making Class II special permit determinations. SJ_?y(4p D R A F T 7/25/89 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 2305, 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. All yards, setback areas, and open space nrovided at ground level and open space provided at upper levels shall be appropriately landscaped and furnished for active and passive pedestrian comfort and convenience in accord with design standards in section 1578. 2. Public access to waterfront walkways shall be provided in accord with Section , Baywalk/Riverwalk Guides and Standards, and shall be open to the public during normal business hours. 3. Rooftops, and other areas containing mechanical equipment, and utility areas shall be appropriately screened to provide a neat attractive appearEnce. 4. In general, principal pedestrian entrances to buildings shall be along street frontages with major vehicular traffic volumes, and the vehicular entrances shall be along streets less intensively used for through traffic, both to seperate 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 visable from a public street shall be appropriately screened from exterior views. 6. 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. 7. All structures and improvements on lots abutting any street or waterfront designated as a "primary pedestrian pathway" in the zoning atlas shall be designed in accord with the standards in Section (?) 8. 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. Sec. 1574. Permitted principal uses and structures. 1574.1. Principal uses permitted on ground floor frontage of pedestrian streets; limitations. The following streets are hereby designated as pedestrian streets: SE/SW 10th Street between SW 1st Avenue and SE 1st Avenue (Brickell Promenade) and Miami Avenue between S 9th Street and S lith Street. Except as otherwise provided in Sec. 1574.3, only the following principal uses shall be permitted on the ground floor frontage of pedestrian streets: 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; 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; home furnishing stores; interior decoration supply stores; establishments for sale of boating and fishing supplies; jewelry stores; luggage stores; music stores; news stand; office supply stores; optical goods stores; package liquor stores (without drive-in facilities); pet shops; photographic supply stores; tobacco shops; variety and sundry stores; D R A F T 7/25/89 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 ten thousand (10,000) square feet in floor area. 2. Service establishments, including barbershops and beauty parlors; interior decorator; laundry and dry cleaning agenc?es or establishments, including those with coin -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, locksmiths; opticians; photographic service; shoe and leather good repairs; tailoring, dressmaking, millinery or drapery fabrication, except where products are for off premises sale; rental of recreation and sporting equipment. 3. Production of art and 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 transitional locations. 5. Bars, saloons and taverns, including those with dancing and live entertainment, subject to limitations on transitional locations. 6. Art galleries, museums, libraries and similar cultural uses. 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 food vendors, outdoor dining areas, and exhibits of arts and crafts (other than those involving mass produced items) and of flowers, plants ane, shrubs, involving display and sale. 1574.1.1. 1574.2. Principal uses permitted at other locations; restrictions on location on ground floor frontage on pedestrian streets. In addition to all uses permitted on the ground floor frontage of pedestrian streets, the _ following uses shall be permitted, either above or behind establishments developed with such frontage, or elsewhere within the district, but not within the ground floor frontage of pedestrian streets, except as provided in section 1574.1.1 above. 1. Dwellings, one and two-family; detached, semidetached and attached; multiple dwellings. 2. Residence hotels, hotels; and motels. 3. Business, professional and medical offices, clinics. 4. Service establishments, including automobile rental agency; banking and financial institutions with drive-in tellers permissible 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 sections 2036.4 and 5. 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. lip D R A F T 7/25189 1514.2.1, Principal uses permissible only by special exception. The following uses shall be permissible only by special exception: 1. Automotive service stations. 2. Drive-in 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. Unenclosed parking areas with any portion adjacent to a primary pedestrian pathway shall only be permissible as a temporary use, with time limits and conditions for renewal (if allowable) specified. 4. Private clubs, lodges, fraternities, sororities. 1574.3. Special requirements for ground level uses on pedestrian streets. The following special rules shall apply concerning the extent and location of permitted uses on pedestrian streets: 1. Where the frontage of a lot on a pedestrian street is designed in accord with the standards for primary pedestrian pathways in section (?) and is occupied at the ground floor level by uses permitted in section 1574.1 for at least sixty-five (65) percent of its width, the remaining frontage may be occupied by uses permitted in section 1574.2. 2. Vehicular entrances may be placed in the remaining thirty-five (35) percent of ground level frontage only if vehicular entrances from other streets are -" not feasible. Sec. 1575. Permissible accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible 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 :1 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. Unenclosed parking or loading areas with any portion adjacent to a primary pedestrian pathway shall only be permissible as a temporary use, with time limits and conditions for renewal (if allowable) specified. i 12 - See later version on [exp] ' Sec. 1576. Minimum lot requirements. ' Except for automotive service stations, no specific dimensional 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. Floor area limitations, 1577.1 Floor area limitations for residential, nonresidential, and, combination use buildings. D RAF T 7/25/89 1574.2.1. Principal uses permissible only by special exception, The following uses shall be permissible only by special exception: 1. Automotive service stations. 2. Drive-in 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. Unenclosed parking areas with any portion adjacent to a primary pedestrian pathway shall only be permissible as a temporary use, with time limits and conditions for renewal (if allowable) specified. 4. Private clubs, lodges, fraternities, sororities. 1574.3. Special requirements for ground level uses on pedestrian streets. The following special rules shall apply concerning the extent and location of permitted uses on pedestrian streets: 1. Where the frontage of a lot on a pedestrian street is designed in accord with the standards for primary pedestrian pathways in section (?) and is occupied at the ground floor level by uses permitted in section 1574.1 for at least sixty-five (65) percent of its width, the remaining frontage may be occupied by uses permitted in section 1574.2. 2. Vehicular entrances may be placed in the remaining thirty-five (35) percent _ of ground level frontage only if vehicular entrances from other streets are not feasible. Sec. 1575. Permissible accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible principal uses and structures, approved in the same sper.ial 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 arras directly from any primary pedestrian pathway where access is reasonably feasible from another street. Unenclosed parking or loading areas with any portion adjacent to a primary pedestrian pathway shall only be permissible as a temporary use, with time limits and conditions for renewal (if allowable) specified. 12 - See later version on [exp] Sec. 1576. Minimum lot requirements. Except for automotive service stations, no specific dimensional 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. Floor area limitations. 1577.1 Floor area limitations for residential, nonresidential, and combination use buildings. r D RAF T 7/25/89 The maximum floor, area ratio for all uses on an individual lot shall not exceed eight (8.0) times gross lot area. The maximum floor area ratio for all residential uses, including hotels, on an individual lot shall not exceed six (6.0) times gross lot area. Except as modified in section 1577.2 below, the maximum floor area ratio for all nonresidential uses on an individual lot shall not exceed two and seventy-five hundredths (2.75) times gross lot area. 1577.2. Allowable increase in nonresidential floor area for any building providing for cerain supporting uses; limitations. The maximum allowable floor area for nonresidential uses on an individual lot shall be increased in conformance with the foliowing provisions and limitations for buildings located anywhere in the district: 1. Residential 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 gross land area: a. For every one (1) square foot of residential floor area provided onsite, the maximum nonresidential floor area shall 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 an affordable housing 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 SPI-7 district. 2. Retail, service, restaurant and cultural uses: For every one (1) square foot of floor area that a building provides of ground level uses specified in conformance with the requirements and limitations of section 1573.1, 1574.1 the floor area shall be increased by one (1) square foot for any nonresidential use or two (2) square ",eat 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 1576.3.3. 1578.3. 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 15713, 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 gross lot area. 4. Child day care center: For every one (1) square foot o•: 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 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 grrss lot area. 5. Heritage conservation: See section 1613. 1577.3. limitation on floor area ratio for retail uses. The total combined floor area ratio for all retail uses permissible in section 1573 shall not exceed five -tenths (.5) times gross lot area. 1578. Minimum yards, setbacks, and residential recreation space, design of ground level pedestrian areas. 1578.1 Minimum yards. 8J-_ 9 q(O D R A F T 7/25/89 All yards adjacent to 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. Except as greater dimensions are required by other lawful regulations, there shall be no minimum requirements for interior side and rear yards. Except where ground level open space is approved by Class II special permit pursuant to section 1578.3, following are minimum and maximum setbacks for the ground floor of all buildings as measured perpendicular to the base building line. 1578.2. Ground level setbacks; exceptions; limitations. 1. no buildings or portion thereof shall be set back more than a maximum depth of twenty (20) feet at ground level adjacent to streets. other than pedestrian streets. All buildings adjacent to pedestrian streets shall be set back a minimum depth of fifteen (15) feet, and a maximum depth of twenty-five (25) feet at ground level. 1578.3. Open 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 standards in sections 1578.3.1 and 1578.3.2 below. 1578.3.1. Alternative types of open space. Minimum open space requirements for _} nonresidential floor area may be satisfied by any of the following types of open space: 1. Urban Plazas. The section on urban plazas in the City of Miami Guides and Standards shall apply, and in addition: a. Plazas shall be open and unobstructed to the sky and be accessible to the • public at all times. b. Plazas shall be level with and extend along a public sidewalk a minimum length of thirty (30) feet with a minimum depth of thirty (30) feet; generally, plazas shall not exceed twenty-five (25) percent of the lineal frontage of the development site on any public street. C. At least fifty (50) percent of the lineal footage of perimeter walls enclosing the plaza space shall contain ground level uses permissible in section 1573.1. 2. Urban Gardens. 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 primarily by plant material. Urban garden shall be a minimum of 1200 square feet in area, provide at least one seat for every twenty square feet of garden area, and contain a special feature such as a fountain or outwork 3. Atruims. Atriums shall be interior enclosed spaces permeaded 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 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 fifty square feet of atrium, and contain a special feature such as a fountain or art work. 4. View Terraces. D R A F T 7/25/89 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 improvement for public use. 1518.3.2. Alternative types of residential recreation space. As an alternative to open space as defined in section 1578.3.1 above, minimum open space requirements for residential use may be satisfied by any of the following types of private 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. 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. 1578.4. Special requirements for ground level pedestrian areas; street furniture and landscaping required; design standards. Except for portions authorized by special permit fnr 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: 1. 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. 2. Paving materials and patterns shall be compatible with adjacent or nearby properties and shall meet established sidewalk grades. 3. 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. 4. 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. (Move to end] Sec. 15713. Special requirements 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 1577.2: 1. Gross floor area 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. V D R A F T 7/25/89 3. Audience seating for not less than one hundred fifty 1,150) persons shall be provided as either fixed or provable seats. A typical seating plan shalt be shown on architectural plans submitted for development plan review as required under section 2304. 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. [Move to end] Sec. 15712. Authorized variations from regulations. Sec. 1579. Height limitations. There shall be no height limits in these districts except as required by other lawful regulations. Sec. 15710. Offstreet parking and loading. Since it is intended that automobile traffic be minimized in these districts because of - _"'' their 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 2017, 2018, 2022 and 2023, except as modified below: 15710.1. Minimum and maximum offstreet parking limitations. 1. For dwelling units there shall be a minimum of one (1) parking space and a maximum of seventy-five hundreths (.75) and twenty -five -hundredths (1.25) parking spaces per dwelling unit. 2. For hotel or motel uses, there shall be a minimum of twenty -five -hundredths (.25) parking space and a maximum of five -tenths (.5) parking space per lodging unit. 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 six hundred (600) square feet of floor area. 4. For theater uses there shall be no parking spaces required and there shall be a maximum of one (1) parking space per eight (8) seats. 5. for all other uses there shall be no parking spaces required and :there shall be a maximum of one (1) parking space per one thousand (1,000) square feet of gross floor area. 15710. 15710.2 Special offstreet parking requirements; offsite parking; limitations 1. Except for offstreet parking facilities existing prior to the enactment of this ordinance, or interim parking facilities authorized by Class -e II permit, all offstreet parking shall be provided within an enclosed structure so designed to screen the automobile from public view. 2. Since it is intended that automotive traffic related to nonresidential uses be minimized, the location of offsite parking shall be permissible as provided at section 2018, but without any demonstration or required findings as to the practical difficulty or unnecessary hardship in providing required parking on the site. Offsite parking for residential uses shall require such findings. 3. No residential dwelling unit shall be sold or leased without the right to utilize at least one (1) onsite parking space. � r _. 3 ✓ �. %,� till sb � !, � r ,�.�. ,` x r - p ;e 3 iiy'i x7'd 't5�j fy4 yt'C? 7 s"'n'EoS{'I Y 7X. YF^"y:i k't! 4"aK1 ^5T£ffN'i. J N }SAW' i tl+ c D R A F T 7/25/89 Set. 380. SPI.8 besion Plbta tommercial residential district. Sec. 1581. 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. 1582. Effect of SPI-8 district designation. The effect of these SPI-8 regulations shall be to supplant districts or portions of districts existing at the time of capping of this district in the Official Zoning Atlas. Sec. 1583. Reserved Sec. 1584. Permitted principal uses and structures. 1584.1. Permitted generally. As for C-1 except that: 1. Multiple dwellings and residence hotels shall be permissible only by special exception in a mixed use building where the commercial uses occupy a minimum of fifty (50) percent of the gross 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. 15824.2. Limitations on outdoor uses. All sales, display, and service activities of permitted or permissible 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. 1586. Minimum lot requirements. C. 1. For automotive service stations, minimum lot requirements shall be as provided at ' section 2030.1. 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. 1587. Floor area limitations; allowable increase in floor area for certain features. ��. .ice D R A F T 7/28/89 ISM 1. Floor area limitations. Except as modified by section 1685.2.2 below, the floor area ratio shall not exceed two (2.0) times gross lot area. 1581.2. Allowable 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 hundreths (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 hundreths (.25) 2. Additional parking spaces: For buildings that provide additional parking spaces onsite, the floor area ratio shall be increased sixteen -thousandths (.016) for each one (1) percent of spaces so provided over the minimum required with the total increase in floor area ratio not to exceed thirty - hundredths (.30) for this feature. 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 maximum width of ten (10) 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 two (2) square feet for every square foot of embayment. 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 two (2) square feet for every one (1) square foot of open space provided; in general, the minimum width of these spaces shall he fifteen (15) feet, and the minimum height shall be nine (9) feet. Sec. 1588. Minimum open space requirements. 1588.1. Minimum yards. I. Except as required in specified transitional locations there shall be no minimum yard requirement for front yards, other yards adjacent to streets or interior side, rear or special yards. 1588.2 Minimum open space Sec. 1589. Maximum height. There shall be no maximum height limitations within this district. Sec. 15810. Minimum offstreet parking. Minimum offstreet parking requirements shall be as for C-2 for use. permitted therein, except for the following modifications: 1. All required offstreet parking may be located offsite in conformance with section 2018, but without demonstration of practical difficulties or unnecessary hardship. 2. Structural alterations and additions to existing buildings with nonconforming offstreet parking characteristics shall be permitted only if the following provisions are met: a. A minimum of twenty-five (25) percent 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. 77, 1%&Jl 00-t tht 00110A Ofltftet Pittiftf Add I�iYII rr 'v t va qm Mk' 3. U R k f 7 7125/89 Set, ISOO. S01.9 Biscayne Boulevard North overlay district. Sec. 1S91. 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 residential_ and/or commercial development along the boulevard. Sec. 1592. Effect of SPI-9 district designation. The effect of these SPI-9 regulations shall be to modify regulations within portions :of the existing districts indicated in the official zoning atlas as within its boundaries to ,the extent indicated herein. Sec. 1593. Class II permit. - 1593.1. When required. No building permit shall be issued within the boundaries of the SPI-9 district affecting the height, bulk, location or exterior configuration of any existing structure, the construction of any new structure, or the location or relocation or enlargement of vehicular ways or parking areas on private property, without authorization by Class II special permit. 1593.2. Materials to be submitted with applications. Materials to be submitted with applications for Class II special permits in this class of cases shall include such site plans, landscaping plans, building elevations, surveys and reports as are required to make determinations in the particular case as to conformity with the = principles established below. 4 1593.3. Considerations generally and on Biscayne Boulevard. 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. _4 f j 2. Offstreet parking shall not be placed in y.t.-ds or open space adjacent to Biscayne Boulevard, and vehicular entrances shall be prohibited along the boulevard if other street entrances are available. Sec. 1594. Permissible principal uses and structures. Principal uses and structures are as permitted generally or permissible 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. Nelistops or heliports. 4. Lodging houses, guest homes. :a 5. Community based residential facilities. 6. Private clubs, lodges, fraternities and sororities operated for profit. Secs. 1597-1599. Reserved. Sec, 15100. Reserved. i D R A F t 7/25/89 Sec. 15110. Reserved. Sec. 15110. SP14 1 Coconut Grove rapid transit district. Set. 15111. 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. 15111.1. Intent concerning uses. Concerning uses, it is intended that residential and nonresidential uses be permissible and that retail, certain service uses, and a pedestrian link to the transit station be encouraged through a development incentive system. Sec. 15112. Special permits. 15112.1. When required. No building permit shall be issued within the boundaries of the SPI-11 district affecting the height, bulk, location or exterior configuration of any existing principal structure, the construction of any new structure, or the location, relocation or enlargement of vehicular ways or parking areas on private property until a Class II special permit has been issued. 15112.3. Special considerations. 15112.3.1. Special considerations on vehicular access to property; location of retail uses; landscaping. 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. 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 nonreflective glass. 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. 15112.3.3. Special considerations on facilities serving bicycle commuters. To serve tenants and employees of tenants who commute by bicycle, office development in excess of one hundred thousand (100,000) square feet shall provide a shower and dressing space facility as a part of one (1) men's and one (1) women's employee restroom facility. Sec. 15113. Permissible principal uses and structures. 15113.1.1. Permissible generally in C-1. y 1. Multiple dwellings. 2. Hotel, motel, apartment hotel, residence hotel. e= h._ ri -_ D a A F T 7/25/89 i 3. Offices, businesses and professional; clinics. 4. Aetail establishments for sale of antiques; art; art supplies; book stares open to the general public; bakeries, candy; cards and gifts,, clothing and accessories; electronics; fabrics and notions; flowers and plants; groceries, meats and _ produce; handicrafts; hardware; hobbies; home furnishings; housewares; linens, and small appliances; jewelry; luggage; music; newspapers and periodicals; office supplies; package liquor (without drive-in facilities); pets and pet supplies; pharmaceuticals; photographic equipment and supplies; shoes; sporting goods, sundries, tobacco; and toys. Aside from antique, art, book and jewelry stores, no such retail establishment shall deal in secondhand merchandise. S. Service establishments which typically rely on business attracted by window display of services and/or merchandise including barber and beauty shops; custom dressmaking, tailoring, millinery or drapery shops; dry cleaning and laundry; interior decorator; locksmith; optician; photographer; photographic film exchange; rental of recreation and sporting equipment; shoe repair. 6. Other service establishments including automobile rental agency; banking and finance institutions excluding drive-in facilities; employment agency; insurance agency; post office; telegraph agency; ticket agency; travel agency; and similar types of services. 15113.2. permissible only by special exception. 1. Drive-in facilities for financial institutions (see section 2031). 2. Fraternities, lodges, sororities and similar uses, not operated for profit. 3. Private clubs. 4. Gasolinc stations. 5. Parking garages. 6. Parking lots to serve existing structures. 15113.3. Limitations on uses. 1. Except for: a. Arts and crafts exhibits, demonstrations or performances, b. Licensed food vendors, c. Sale of flowers, plants, handmade objects of art or crafts (no mass produced items), d. Parking lots and parking garages, e. Seating areas for eating and drinking establishments, f. Other uses as approved in special permit proceedings, All uses shall be conducted within a completely enclosed building. 2. No merchandise shall be stored other tun that to be sold at retail on the premises, and no such storage shall be visible from public ways. 3. Except when specifically listed as a permissible use, any processing or repair of goods on the premises shall be incidental to the sale of such goods. 15114.1. Modifications of application of section 2003. The provisions of section 2003 shall apply within this district with the following modifications: a. All determinations on accessory convenience establishments (section 2003.7.3) shall be made in connection with Class C special permits covering general applications for the development as a whole, provided that where such general determinations do not include particular types of uses proposed later, subsequent Class C special permits shall be required. D R A F T 7/25/89 a. All determinations on accessory convenience establishments (section 2003.7.3) shall _ be made in connection with Class C special permits covering general applications for the development as a whole, provided that where such general determinations do not include particular types of uses proposed later, subsequent Class C special permits shall be required. b. Limitations on size of restaurants as accessory convenience establishments (section 2003.7.4) shall not apply in this district. C. Limitations on access to accessory convenience establishments, on signs, on location of offstreet parking and loading facilities, and on location, orientation, design and landscaping in relation to restaurants (sections 2003.7.5 through 8) shall not apply in this district. 15114.2. Driveways, pedestrian loading areas and related parking, as affected by location of major pedestrian and street systems. a. No above ground offstreet parking or loading areas shall be permissible between any portion of a building and the line of a lot adjoining 27th A-ienue or Dixie Highway -if when access is available from 28th Terrace. 15114.3. Outdoor displays, exhibits, sales, services or other activities. Where approved as to location, design, improvement, and provisions for maintenance and management in connection with the special permit required, outdoor exhibits, displays, sales, or other activities may be conducted in pedestrian open space on property adjacent to streets even thcu�!, not customarily accessory to the adjacent principal use. 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. Roofed shelters open at the side and toward the street for at least forty (40) percent of perimeter of coverage, exhibit and display stands and cases, and community or neighborhood bulletin boards or kiosks may be permitted in any pedestrian open space on private property fronting on a street, either under original special permit action or by subsequent Class C special permit, provided that enclosed exhibit or display cases, bulletin boards or kiosks shall not in combination occupy more than twenty-five (25) percent of the area of pedestrian open space required in .ouch locations. In this district, such coverage or occupancy shall be allowable notwithstanding general limitations on occupancy of required yards or other open spaces. Sec. 15116. Minimum lot requirements; floor area limitations; minimum open space requirements; parking and driveways prohibited in certain locations. 15116.1. Minimum 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 automotive service stations, minimum lot requirements shall be as provided at section 2030.1. 3. 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. 15116.2. Building Sq. footage. 15116.2.1. Floor area limitations for residential and/or nonresidential buildings. Except as modified by section 15116.2.2 below, the maximum floor area ratio for residential and/or nonresidential shall not exceed seventy -five -hundredths (.75) times gross lot area. 15116.2.2. Allowable increase in sq. footage for pedestrian ovorpass, pedestrian open space, underground parking, retail uses. Subject to the Class II special permit approval, the maximum sq. footage shall be increased in conformance with the following provisions and limitations: D R A F T 7/25/89 i. Pedestrian overpass: The square footage shall be increased by 200.00 for a pedestrian overpass which connects directly to a metrorail station site, and has at each end an external access stairway open at all hours of metrorail operation with a convenient pedestrian connection to a public street sidewalk 2. Green space: The floor area shall be increased by one (1) square foot for each one (1) square foot of green open space provided at ground and/or overpass level over the minimum required at ground level. Such pedestrian green 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 and accessible to the general public. 3. Underground parking: For every three (3) square feet of underground parking, (the top of the roof or deck of the underground parking shall not exceed three and one-half (3.5) feet above any adjoining public sidewalk) that a building provides as an incidental principal use, the square footage shall be increased by one (1) square foot. 4. Retail and service uses: For every one (1) square foot of retail or services uses provided within the permissible square footage in section 15116.2.1, and that meet the requirements of section 15112.3.2, 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. 15116.3. Minimum yards; pedestrian open space; requirements and limitation on location, improvements and use. 15116.3.1. Front and street side yards. 1. Adjacent to 27th Avenue, the yard shall be twenty-five (25) feet in minimum depth. 2. Adjacent to Dixie Highway, the yard shall be a minimum of ten (10) feet in depth. 3. Adjacent to 28th Terrace, the yard shall be a minimum of fifteen (15) feet in depth. 15116,.3.2.Other yards. Except as greater dimensions are required by building spacing, there are no minimum requirements for interior yards (side, rear and special). 15116.3.3.Parking prohibited in required yards adjacent to streets; landscaping required; design standards. 1. Required yards adjacent to streets shall not be used for offstreet parking. 2. Except for portions along 28th Terrace authorized by special permit for vehicular access, all required yards and sidewalk area within the public right-of-way adjacent to streets shall be suitably landscaped in accord with the following standards: a. A minimum of one (1) shade tree or two (2) palms shall be planted for every three hundred (300) square feet of yard area not used for vehicular access. b. Yard areas and pedestrian open space adjacent to offstreet parking shall be densely planted to soften and screen automobile activity, especially on 28th Terrace. c. Yard areas ana pedestrian open space along 28th Terrace shall be paved with materials and patterns compatible with adjacent or nearby properties. d. The landscaped design treatment along Dixie Highway shall be compatible with and compliment the landscaping of the Coconi.t Grove Transit Station. Sec. 15117. Height limitations. Sy-9y('O D R A F T 7/25/89 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 closet than fifty (50) feet from a street lot line, excluding U.S. 1 (or base building line, whichever is more restrictive). In no event shall buildings over forty-five (45) feet in height cover in excess of twenty-five (25) percent of the net lot area. Sec. 15118. Minima offstreet parking. Minimum offstreet parking requirements shall be as for CR for uses permissible in the SPI- ll district. In addition, the following provisions or limitations shall apply: 1. Restaurants that exceed five thousand (5,000) gross square feet of floor area shall provide a minimum of one (1) space per one hundred twenty-five (125) square feet of gross floor area. 2. Any pedestrian open space or overpass gross square footage provided under section 15116.2.2 shall not be counted for purposes of computing offstreet requirements. 3. In the event a pedestrian overpass conforming to the requirements of 15116.2.2, paragraph 1, is provided, the minimum nonresidential parking requirements shall not exceed one (1) per five hundred fifty (550) square feet of gross floor area. 4. 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. 5. There shall be provided a minimum of twenty (20) secure bicycle parking racks _ and/or lockers for use by employees and patrons of onsite commercial and office uses. Sec. 15119. Limitations on signs. Sign limitations shall be as CR districts. Sec. 15120. .Reserved. Sec. 15125. SPI-13 S.W. 27th Avenue gateway district. Sec. 15126. 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. 15127. Special permits. 15127.1 When required. No building permit shall be issued within the boundaries of the SPI-13 district affecting the height, bulk, location or exterior configuration of any existing principal structure, or for the erection of any new principal structure, or erection of any sign, until a special permit has been issued. Except as otherwise indicated in connection with specified uses, a Class -e 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. 15127.2. Materials to be submitted with applications. Materials to be submitted with applications for special permits within the district shall be as required generally in section 2304 and shall be subject to considerations contained in s D R A F T 7/25/89 sections 2305 and 2306. Site and building plans and related reports shall be in such detail, and of such a nature, as to facilitate the making of determination in the particular case as to conform with the principles established below. 15127.3. Considerations. 15127.3.1. Special considerations concerning location of retail and residential uses; driveways and landscaping. Retail or residential uses shall have their principal external orientation along 27th Avenue, with ground level retail maximizing external exposure. A minimum of sixty (60) percent of the total street level frontage on 27th Avenue shall be utilized for uses listed under section 15128. Driveways shall be limited to a maximum of twenty (20) percent of the street frontage. Sec. 15128. Permissible principal uses and structures. Except as required in section 15128.1, permissible principal uses and structures shall be as for RO-1. 15128.1 Principal uses permissible 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. 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. 15129. Limitations where lots in the SPI-13 district abut lots under -M R.I. or to R-2 zoning districts. 1. In addition to requirements in section 15130.4 Plane II shall be twelve (12) feet and the light plane shall be sixty (60) degrees. 2. No active recreation facilities shall be located within such yards or within twenty (20) feet of district boundary lines. Sec. 15130. Minimum lot requirements; floor area limitations; minimum open space requirewnts; development alternatives. 15130.1 Minimum lot requirements. 14 D R A F T 7/25/89 Nihi lot frontage shall be one hundred (100) feet. No lot as defined in 2005.1 shall be created subsequent to the effective date of this ordinance which does not meet this mini standard. 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. 15130.2. Building square footage limitations. The maximum B.S.F. for residential and/or nonresidential shall be one (1.2i39) times net lot area. 15130.4. Minimum yards, improvements and use. 15130.4.1. Front setback I. Adjacent to 21th 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. 15130.4.2. Interior side yards. Except as required in section 15130.4.1, there shall be no minimum yard requirement for interior side yards. 15130.4.3. Rear yards. Rear yards shall be a minimum of fifteen (15) feet. 15130.4.4. Landscaping 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 surfaces are stuccoed and painted, and permanently maintained on both sides by the owner of the lot within the SPI-13 area. 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. 15130.5. Development alternatives and limitations on combination of uses by levels. In addition to a totally residential utilization of a building, the "developer" has the option to have a maximum of: (a) Two (2) levels of retail and/or services establishments and one (1) level of offices or residential for a maximum of three (3) levels; or (b) One (1) level of retail and/or service establishments and up to three (3) levels of offices and/or residential for a maximum of four (4) levels. All options within the limitations of sections 15129, 15130, 15131, 15132 and 15133. Sec. 15131. Maxi■uw height. No portion of any building shall be above fifty (50) feet. �7 DRAFT Sec. 15133. Limitations on signs. 7/25/89 Limitations on signs shall be as for SPIi2 district. Sec. 15134-15139. Reserved. Sec. 15140.SPI-14, 14.1, 14.2s Latin Quarter commercial -residential and residential districts. Sec. 15141. 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. 15141.1. Intent concerning character, uses, traffic, pedestrian circulation, mixed use, architectural design, and open space for SPI's 14, 14.1, 14.2. 1. SPI-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 sering the resident population. It is also intended to create an interaction with the street environment by the use of terraces and balconies. 2. SPI-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. SPI-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. 15142. Special permits. 15142.1. When required. No building permit shall be issued 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 without the obtainment of a Class II special permit. In making a determination on Class -E 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 D R A F T 7/25/89 review is warranted. The board and director shall take into consideration the Latin Quarter Design Guidelines and Standards. 15142.2. Materials to be submitted with applications; review process. Materials to be submitted with applications for special permits within these districts shall be as required generally at section 2304. In addition: 15142.2.1. Preliminary review. Three (3) sets of architectural drawings 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 may require such additional necessary information to completely evaluate the proposed structure or improvement including photographs. 15142.2.2. Final review. In addition to the preliminary requirements the applicant shall submit three (3) complete sets of architectural drawings 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 (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. 15142.2.3. Sign submissions. Current color photographs of the property which show its present condition, existing materials, colors, textures, the proposed sign location with dimensions and other existing signs in the vicinity shall be submitted. All photographs shall be labeled to indicate the property name and address and the direction of view. Three (3) copies of building elevation drawings showing the size of the sign and its location in relation to the building, complete with dimensions showing ground clearance, length, height, width and projection shall also be submitted. Scale drawing showing the size of the sign, details of construction, materials, colors, lighting, style, size, color, material and spacing of letters; and method of support and electrical connections, shall also be submitted. 15142.2.4. Building color submission. For repainting an existing structure or design element, color chips of proposed colors and current color photographs of the property shall be included showing its present conditions viewed from the street. For a new building or design element, color chips(s) shall be provided and indicated in the building elevation(s). 15142.3. Latin Quarter Review Board (LQRB) review 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. 15142.4. Considerations generally. The general purpose of such special permit considerations shall be to determine conformity of the application as submitted, or with such conditions and safeguards as may reasonably be attached to assure such conformity, with the requirements and expressed intent of these regulations as applying generally throughout the district, as well as to any conditions, limitations or requirements specified for particular uses or locations. Sec. 15143. Commercial -residential district (SPI-14). 15143.1. Special consideration on pedestrian street frontages. on pedestrian -oriented street frontages, as shown in the zoning atlas, the following special principles and considerations shall apply: a 0 D RAF ? 7/25/89 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 l accessible from pedestrian open space.) Permissible ground floor frontage uses shall occupy a minimum of fifteen (15) feet in depth from the front yard). Pedestrian 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. 15143.2. Permissible principal uses and structures. 15143.2.1. Principal uses permissible on ground floor frontage of pedestrian -oriented streets and elsewhere in SPI-14. The following principal uses shall be permitted ii only on the ground floor frontage of pedestrian -oriented streets and elsewhere in y; SPI-14: 1. Retail establishments, as follows: food stores including ice cream stores, u 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 —1 _ plant and shrub sales; clothing stores (new); leather goods; shoes; antique stores, art stores and commercial art galleries; auction galleries for sale t _ _ of antiques, art objects, jewelry and the like; ceramic, china, porcelain, glass and manufacturers of glassware for public dispi!y and retail sales, crockerystores; jewelry stores (except pawnshops), custom made y p p p j ewe 1 ry ;x 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 f goods; embassies and consulates (not to exceed sixty (60) linear feet of ground level street frontage), 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 furni,ure (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; auditorium:: 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 transitional locations. Drive -through facilities for restaurants, cafes and tearooms are only permissible 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 :ertificate of o-.:upancy 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, 8 9-7dG 1 44 D R A F T 7/25/89 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 We 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. S. Hotels and other facilities for transient dwelling or lodging. Retail use shall occupy at least seventy (70) percent of ground level street frontage when facility exceeds one hundred (100) linear feet. 9. Entrances to uses above or behind the uses permissible on ground floor frontage of pedestrian -oriented streets. 10. Commercial parking garages with commercial activity at ground level pedestrian street frontage. 11. Structures and uses relating to operation of public utilities, railway or other transit right-of-way. 12. Places of worship. 13. Mortuaries or 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. And other similar types of activities or sales of merchandise which are not more objectionable to the public welfare than the items listed above. 15143.2.1.1. Limitations on outdoor uses. All sales, displays and service activities of uses permissible in section 15143.2.1 above shall be contained within completely enclosed buildings, except that in open space or partially open space there may be outdoor dining areas and cafes; cultural facilities, entertainment and recreational uses; exhibits and sales of arts and crafts (other than those involving mass-produced items); souvenirs; sale and display of flowers, plants and shrubs, vegetables, produce, citrus or other unpackaged food. Sidewalk vendors shall be allowed subject to conditions and limitations contained in chapter 39 of the City Code. 15143.2.2. Principal uses permissible in the SPI-14 except on ground floor frontage of pedestrian -oriented streets. In addition to all uses permissible on ground floor frontage of pedestrian -oriented streets as indicated in section 15143.2.1, the following shalt be permitted either above or behind establishments developed with such frontages, but not within such ground floor frontage, except as provided in section 15143.2.3: 1. As for the RG-3 for uses permitted or permissible 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 shall be permissible only by special exception. 3. Offices, business or professional; banks, savings and loan association. D R A F T 7/Z5)/89 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 permissible only by Class it II permits if for less than ten (10) children, by special exception if for ten (10) or more children, subject to the requirements and limitations of section 2036, "Child day care centers". 6. Clinics; laboratories, medical and dental offices shall be permissible only by special exception. 7. parking lots and parking garages shall be permissible only by special exception. Parking lots shall provide a visual screen from the street. 8. Sewing shops shall be permissible only by Class it II special permit if for ten (10) or less machines, by special exception if for more than ten (10) machines. 9. Health, fitness clubs but excluding uses associated with adult entertainment. 10. Coin -operated laundry facilities limited to fifteen (15) washing machines and fifteen (15) dryers. 11. And other similar types of activities or sales of merchandise which are not more objectionable to the public welfare than the items listed above. 15143.2.3. Special rules concerning extent and location of certain uses on ground -'' floor frontage of pedestrian -oriented streets (SPI-14). The following rules shall apply concerning extent and location of the following uses on ground floor frontage of pedestrian -oriented streets: 1. On corner lots adjoining pedestrian -oriented streets on two (2) exposures, limitations as to the uses permitted on ground floor frontage shall apply to both exposures of such lots. 2. Where the frontage of a lot on a pedestrian -oriented street is occupied at the ground floor level by uses permissible under the limitations of section 15143.2.1 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. 15143.3. Permissible accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible 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 it 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 notwiinstanding general limitations on occupancy of required yards in other open spa -es. S y- 17 yG I # 0 D R A F T 7/25/89 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, pedestrian 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 streets even though not customarily accessory to the adjacent principal use, if approved as to location, design, improvement. They shall also include provisions for maintenance, management and provision for free pedestrian movement through the area without unreasonable interruption by facilities or activities in connection with the special permit required. Areas or facilities so approved may be used for regular, intermittent, or temporary special events without further permitting which might otherwise be required under these Zoning regulations for such events. 4. Bars, saloons, and taverns, including those with dancing and live entertainment; and similar uses, but excluding activities associated with adult entertainment are permissible 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 transitional locations. 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 consiaered the space for serving beverages, counter area, sitting and circulation space around the counter _ area. 5. 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 permissible only by Class I special permit subject to the following conditions: (a) Such use shall not be established for a period exceeding fifteen (15) days, nor shall any one (1) location be used within ninety (90) days for a similar purpose. 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. 15143.4. Transitional requirements and limitations. Transitional requirements and limitations for commercial areas in SPI-14 shall be as for CR districts and for residential areas as for RG-2 districts. 15143.5. Minimum lot requirements; floor area limitations; minimum open space requirements. 15143.5.1. Minimum lot requirements. 1. For residential uses only, not involving mixtures with other uses, minimum lot width and area shall be as for RG-2 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 15143.5.2.1.), but lots shall be of sufficient width and area to conform with other requirements and limitations of these and other lawful regulations. 15143.5.2. Floor area limitations. 15143.5.2.1. Floor area limitations for residential or nonresidential use in a building; floor area limitations for combination residential and nonresidential uses in a builuing. Except as modified by section 15143.5.2.2 below: 1. For SPI-14, other than pedestrian -oriented streets, the maximum floor area ratio in a building shall not exceed one and seventy-two hundredths (1.72) times the gross lot area. D R A F T 7/25/89 2. For SPI-14, along pedestrian -oriented streets and the south side of S.W. 7th Street the maximum floor area ratio shall not exceed one and seventy-two hundredths (1.72) times the gross lot area (not counting allowable increases in floor area as set forth in 15143.5.2.2). The total floor area ratio including allowable increases in floor area as set forth in 15143.5.2.2 shall not exceed two and twenty -six -hundredths (2.26) times the gross lot area. Before any floor area or floor area ratio increase can be applied, portales must be provided. 3. Open terraces or open balconies with or without temporary fabric cover fronting pedestrian -oriented streets used for food related activities shall not be included in the computation of floor area limited by floor area ratios on the property or counted in computing offstreet parking requirements, but occupancy by such terraces or balconies shall not exceed twenty-five (25) percent of the total pedestrian open space in relation to the property. 4. Campaniles or bell towers visible from pedestrian -oriented streets in the project's vicinity shall not be included in the computation of floor area if the footprint of the campanile does not exceed two hundred twenty-five (225) square feet. If the footprint exceeds two hundred twenty-five (225) square feet, the excess will be counted as floor area. 15143.5.2.2. Allowable increase in floor area in SPI-14 at pedestrian streets and south side of S.W. 7th Street; for pedestrian ripen space,; mixed use r 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 15143.5.3.2, over the required amount of pedestrian open space as determined by the applicable land use intensity (LUI) ratio, the floor area shall be increased by two (2) square feet for any permissible uses. The increase shall not exceed a maximum of three -tenths (0.3) times the gross lot area. 2. Mixed use buildings: For every square feet of gross residential floor area that a combination of residential and nonresidential _ building provides within the basic FAR of one and seventy -two - hundredths (1.72), the flog area shall be increased by one (1) square foot, for any permissible uses. The increase shall not exceed a maximum of five -tenths (0.5) times the gross lot area. 3. Theaters: For each one (1) gross square foot that a building provides for a theater for the performing arts or for a community theater, 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 two -tenths (0.2) times the gross lot area. 15143.5.3. Minimum open space requirements. 15143.5.3.1. Minimum yards. Except as required in specified transitional locations, yards in SPI-14 shall be as follows: (a) Front and street side yards adjacent to a street shall be a minim of ten (10) feet except at the south side of S.W. 7th Street, 9th Street, and the avenues and courts located south of S.W. 8th Street where the yard adjacent to the street shall be a minimum of twenty (20) feet. Other yards: There are no minimum requirements, except for building spacing or transitional requirements. �J_ 7 C/(� r D R A F T 7/25/89 P (c) 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 15143.5.3.2.) (d) 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 base of the portal mail shall be less than nine (9) feet if the portal is higher than fourteen (14) feet to the top of the parapet. (e) Parking shall not be permitted on the front yard of pedestrian streets (see section 15143.7.1). (f) Canopies and awnings as pedestrian entry shelters may cover the required yard. 15143.5.3.2. Pedestrian open space. Pedestrian open spaces shall be provided, improved and maintained as generally required, and may be used as generally provided or as especially provided in this district. With the exception of required yard and setback areas at ground levels, a maximum of twenty (20) percent of the pedestrian open space may be provided at any level that serves the commercial uses (see section 2511). Pedestrian open space requirements in the SPI-14 district shall be three-quarters of those indicated in section 2011.1.1. 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. 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 iced 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 shall have the floor area increased in accord with the provisions of section 15143.5.2.2: 1. Portales shall be a continuous open space adjacent to a public street sidewalk. Portales shall have a minimum width of nine (9) feet unobstructed by columns, utilities or similar features, and shall conform to the elevation of the adjoining public sidewalk. 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. Outdour 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 Itss 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 D R A F T 7/25/89 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, mails, 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 ii !` minimum of one hundred (100) feet along the same sidewalk. { 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. j 5. Balconies shall be located at upper floors visible from the street (pedestrian, arterial or collector). Balconies 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 height envelope's light planes not more than twenty-five (25) percent. r 6. Campaniles: The open and upper portion of the campanile which is _ visible from the pedestrian -oriented street may be considered as POS. 15143.5.3.3. Building spacing. Yards as required above shall be increased as necessary to meet requirements of section 2013, "Open space and building spacing," and the building spacing requirements therein shall govern distances between buildings and portions of buildings where more than one (1) building is located on a lot. For building purposes, in the case of nonresidential buildings, all walls other than tertiary shall be construed to be secondary walls. 15143.5.3.4. Transfer of development rights. Transfer of development rights shall be permissible only by Class II special permit and shall be required generally in section 2014. 15143.6. Height limitations. There shall be no height limitations in this district. 15143.6.1. Height envelopes by land use intensity ratings SPI-14. Height envelopes shall apply to all uses except where transitional requirements impose greater limitations. Balconies, parapets and sunscreens above forty (40) feet high may penetrate light planes; such penetration shall not exceed five (5) feet. Also, building columns may penetrate light planes. 15143.7. Offstreet parking and loading. 15143.7.1. SPI-14 offstreet parking. Except as established for particular uses in the schedule of district regulations for RG-2 and CR districts, minimum offstreet parking requirements for commercial areas on SPI-14 shall be as indicated for the particular land use intensity rating derived for the property from tables on section 2011.1.1. In addicion, the following provisions or limitations shall apply: 1. Since it is intended that automotive. traffic related to nonresidential usms shall be minimized on pedestrian -oriented streets, location of nonresidential offsite parking shall permissible as provided at sections 2018, 2022 and 2023, but without any demonstration or required finding as to g� D R A F T 7/25/89 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 2017, 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. 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 sire 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 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. 15143.7.2. Maximum distance limitations. Maximum distance limitations shall be as required in section 2018.1. 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. _ 15143.7.3. Special consideration on 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. 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. 15143.8. Limitations on signs. 15143.8.1. General limitations. 15143.8.1.1. 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 relatinq thereto at section 2025.3.10 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. 0 D R A F T 7/25/89 [15143.8.7. Wall signs.) 16143.8.2.1. Number and hierarchy of wail signs on a building and subject matter. In order to identify the building and the nature of the establishment it contains, wall signs will be permitted upon buildingb 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 wail of the building. No perpendicular sign shall be allowed at the exterior wail of the portal. 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. 0 P D R A F T 7/25/89 15143.8.2.2. Maximum size of wall 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- half (1 112) square feet per linear feet of wall frontage on a street excluding advertising for temporary sign or sign on glass a,,ea. The maxian 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 wail 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 'A he linear street frontage occupied by a licensed establishment except where a sign is* considered a work of art of exceptional architectural character. 15143.8..2.3. Maximum height of signs and letters of wall 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. 15143.8.3.Real estate signs, construction signs, development signs, number 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. 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. 15143.8.4. Directional signs, number 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. 15143.8.5. Community or neighborhood bulletin board or kiosks, area and location. Area and location of community or neighborhood bulletin boards or kiosks shall be permissible as provided at section 2025.3.10. b RAF t 7/25/89 15143.8.6. Additional wall signs for theaters, museums, noncommercial art galleries. In addition to signs permitted above,• theaters, museums, noncomaercial art galleries and the like may have wail 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 permissible area two hundred (200) square feet. 15143.8.7. Banners, 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. 15143.8.8. Murals, 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. 15143.8.9. Special permit requirements, specified types of signs. All signs over sixteen (16) 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. 15144. Commercial -residential district SPI-14.1. 15144.1. Principal uses and structures; accessory uses and structures; limitations on signs; _ transitional uses, structures and requirements; minimum lot requirements; floor area "1 limitations; minimum open space requirements; maximum height; minimum offstreet parking requirements. As for CR-1/5 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. Other yards: Rear yards shall be a minimum ten (10) feet. There are no minimum side yard requirements except as for building spacing or transitional requirements. 5. 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 15143.5.3.1.) 6. Construction above the portal may be allowed, except parking garages, to a maximum height of thirty (30) feet. 7. For criteria about portales, interior patios, urban plazas, upper deck terraces and balconies, see section 15143.5.3.2 and design guidelines and standards for the Latin Quarter district. 8. Height envelope: as per CR districts except that there is an additional seventy- five (75) percent degree light plane in the front and street side, and none at the interior side of the lot. 9. Parking: Maximum distance limitation as per section 15143.7.2. Special consideration on vehicular access to property, parking structure as per section 15143.7.3. Parking lots shall be screened from view from public rights -of -way. 10. Limitations on signs as per section 15143.8. 11. Appropriate screening of mechanical and electrical equipment, utilities and/or garbage disposal equipment must be provided. ,# D R A F T 7/25/89 0 12. 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. Set. 15145. Residential district SPI-14.2. 15145.1. Principal uses and structures; accessory uses and structures; limitations on signs; transitional requirements; minimum lot requirements, fluor area limitations; minimum open space requirements; maximum height; minimum offstreet parking requirements. As for RG-2/5 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 2037, shall be sold or displayed within commercial establishments in this district. Maximum net 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 2003.5.) 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. S. 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) gross square feet. 9. Hours of operation for all nonresidential uses may not extend beyond the hours of 7:00 a.m. to 9:00 p.m. on any day of the week. 10. Hours of service by delivery vehicles shall be limited to 8:00 a.m. to 5:00 p.m. 11. Side yards for the commercial structure shall be a minimum of ten (10) feet. This space shall be appropriately landscaped as to create a buffer zone with the adjacent residential uses. 12. All enclosed commercial uses shall be air, conditioned. Garbage disposal areas shall be enclosed. 13. No commercial use shall create noise, vibration, glare, fumes, or odors; and no equipment or process shall be used which creates visible or audible interference in any radio or television receiver or otherwise affects adjacent residential uses. 14. A masonry wall with a minimum height of six (6) feet shall be provided abutting residential properties. 15. Exterior lighting that could negatively affect the abutting residential uses shall be discouraged. D R A F T 7/25/89 16, Ahtennas, including dish antennas and similar devices, shall be located, whenever possible, in the interior portion of the site, and shall be appropriately seteeoed from public views and adjacent residential uses. Secs. 15146-15149. Reserved. Set, 15150. SPI-15: Southeast Overtown•Park West overlay district. Sec. 1=151. Intent. The Southeast Overtown-park West area is of special and substantial interest because of its official designation as a residential redevelopment area with supporting commercial uses provide housing and employment opportunities in close proximity to the central business district, Bicentennial Park, expressways, and the rapid transit system. In the interest of conservation of energy, maintenance and enrichment of principal upper and lower level views, noise reduction, safe and convenient pedestrian movement, the provision of attractively landscaped areas for the enjoyment of residents, workers and visitors, these special regulations are intended to provide certain requirements and area wide standards that will enhance future public and private development and add to the area's desirability as a place to live and work. Sec. 15152. Effect of SPI-15 district designation. The effect of these SPI-15 regulations shall be to modify regulations within portions of other zoning districts included within the SPI-15 boundaries to the extent indicated herein. Sec. 15153. Class II special permit. 15153.1. When required. A Class II special permit shall be required prior to approval of any permit (except special permits pursuant to Article 23)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 visable from a public street. 15153.2. Considerations in making Class II special permit determinations. The purpose of the Class II special permit shall be to ensure conformity of the application as submitted (or with such conditions and safeguards as may reasonably be attached to assure such conformity) with the expressed intent of this district, with the general considerations listed in Section 2305, 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. I. Adjacent to the I-95, I-395, and Metrorail right-of-way the area between any 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. t I'� r D R A F T 7/25/89 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 put-iic needs and ne "s 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. 15153.3.5. Driveways, pedestrian loading areas and related parking, as affected by location of pedestrian circulation, plazas, and major public rights -of -way. 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. 15153.3.6. Reserved 15153.3.7. Accessory parking structures; pedestrian open space and/or livability space required on accessory offstreet parking roof decks; other offstreet parking structures. 1. 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 pedestrian open space and/or livability space for the enjoyment of residents, workers, or visitors as the case may be. 2. Above ground accessory parking structures shall be visually compatible with the principal structure, and vehicle storage shall be suitably screened from exterior public view. 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.N. and N.E. 9th Street, but shall be permissible behind commercial and/or residential uses which front on the pedestrian mall. 3. Parking structures shall present an attractive appearance in accord with design guidelines for the district, and shall be designed to screen the storage of vehicles from exterior view. 15153.3.8. Principal building roof deck appearance and use. All p-incipal 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 pedestrian open space and/or livability space. 15153.3.9. Landscaping, screening and open space. Landscaping and paving shall be provided for ground level pedestrian open space within the public right-of-way in accord with applicable requirements and standards. All accessory areas which need screening to avoid adverse effects on adjoining areas shall be adequately concealed by appropriate plantings or other screening. Sec. 151511. Limitations on Signs. Secs. 15154-15159. Reserved. D R A F T 7/25/89 Sec. 15160. SPI-16, 16.1, 16.2: Southeast Overtown-Park West comercial-residential districts. Sec. 15161. 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 pedestrian open space, appropriately located livability space serving residential uses, adequate retail and service support facilities, and a safe pedestrian movement system. 15161.1. Intent concerning 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 the needs of the districts. 15161.2. Character, site planning and architectural design. 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. 15162. Effect of SPI-16 district designation. The effect of these SPI-16 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. 15163. Principal uses and structures. 15162:3.1. SPI-16 principal uses and structures; limitations on nonresidential uses within district. Except as otherwise provided in section 15163.1.1, for the ground level frontage on N.E. and N.W. 9th Street, the following uses shall be permitted generally in SPI-16. 1. One family, two family, and multiple family residential dwelling units. 2. Hotels and other facilities for transient dwelling or lodging. 3. Offices. 4. Banks, saving and loan associations, and similar financial institutions. 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; qift 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-in facilities); pet and pet supply D R A F T 7/25/89 stores; photographic supply stores; sporting good ,nd 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. 9. Supper clubs and nightclubs. 10. Restaurants, tearooms, and cafes, including those with dancing, live entertainment 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. 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. 18. Parking facilities. 15163.1.1.SPI-16 special rules concerning extent and location of certain uses on ground floor frontage of N.E. and N.W. 9th Street. At least sixty-five (65) percent of the lot width ground floor frontage shall be occupied by principal uses permissible in paragraphs 5 through 11 of section 15163.1 and the remaining frontage may be occupied by other uses in section 15163.1. The frontage occupied by such uses shall have transparent wir,:ow or door openings and such openings shall be maintained in such a manner as to permit full and clear view of the interior. Each use shall have convenient direct access from the adjacent public walkway. 15163.2. SPI-16.1 principal uses and structures; limitations on principal uses permissible on ground floor frontage of Biscayne Boulevard. Except as otherwise provided herein for the ground floor frontage on Biscayne Boulevard (section 15163.2.1), permitted uses and structures shall be as for section 15162-.3.1. 15163.2.1. SPI-16.1 special rules concerning extent and location of certain uses on ground floor frontage of Biscayne Boulevard. At least sixty-five (65) percent of the lot width ground floor frontage shall be occupied by principal uses permissible in paragraphs 5 through 11 of section 15163.3.1 and the remaining frontage may be occupied by other uses in section 15163.1. The frontage occupied by such uses shall have transparent window or door openings and such openings shall be maintained in such a manner as to permit full and clear view of the interior. Each use shall have convenient direct access from the adjacent public walkway. D R A F T 7/25/89 15163.3. SPI-16.2 permissible principal uses and structures. Permissible principal uses and structures shall be as for section 15163.1 M6¢eis without limitations on location and in addition: 1. Sports arenas and exhibition halls. 2. Repair service establishments including appliance and office equipment, but not repair garages, repair of heavy equipment or paint and body shops. 15163.4 SPI-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, parking garages, and other uses as authorized by special permit, all activities shall be conducted within completely enclosed buildings. 2. 'A side from antique stores, art galleries, jewelry, and book stores, no establishment shall deal in secondhand merchandise. 3. All products shall be sold at retail on the premises. No wholesaling or jobbing shall be conducted from within the district. Sec. 15164. SPI-16, 16.1, 16.2 accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permissible 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 activities may be conducted in pedestrian open spaces, including required plaza area, 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, but shall not be exempted from requirements for other permits. _ 2. Temporary shelters, bulletin boards, kiosks, signs, exhibit and display stands, and facilities for service of food and drink may be permitted in appropriate locations in pedestrian open space or in required plazas. If so approved, such structures shall be exempted from limitations generally applying to yards, pedestrian open space, and floor area. Sec. 15164. Reserved. Sec. 15165. Minimum lot requirements; floor area limitations. 15165.1. SPI-16 minimum lot requirements. Minimum lot requirements for all uses shall be a minimum gross lot area of fifteen thousand (15,000) square feet, and a minimum lot width of ninety (90) feet. 15165.2. SPI-16.1, 16.2 minimum lot requirements. There shall be no specific dimensional requirements, but lots shall be of sufficient size to conform with other requirements and limitations of these and other lawful regulations. 15165.3. SPI-16, 16.1, 16.2 floor area limitations. Floor area limitations for SPI-16, 16.1, 16.2 shall be as follows subject to the limitations and requirements of section 2000.1. 15165.3.1. SPI-16 floor area limitations, restrictions on nonresidential floor area. 1 { D R A F T 7/25/89 1. The maximum floor area for a mixed use building shall not exceed four and thirty -two -hundredths (4.32) times gross land area. 2. The maximum floor area for a residential building shall not exceed four and thirty -two -hundredths (4.32) times gross land area. 3. The maximum floor area for nonresidential use shall not exceed one and seventy two -hundredths (1.72) times gross land area; provided, however, that nonresidential use shall be permissible only in a mixed use building where at least one and one-half (1/2) square feet of residential use shall be provided for every one (1) square foot of nonresidential use. 15165.3.2. SPI-16.1 floor area limitations; exceptions. 1. The maximum floor area for a mixed use building shall not exceed five (5.0) times gross land area. 2. The maximum floor area for a residential use shall not exceed five (5.0) times gross land area. 3. Except as modified by section 15165.3.2.1 below, nonresidential use shall not exceed two (2.0) times the gross land area. 15165.3.2.1. SPI-16.1 allowable increase in nonresidential floor area for the provision of onsite or offsite residential use. 1. For every square foot of residential use provided either onsite in a mixed use building or offsite within the boundaries of the SPI-15 r — _ district 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 gross land area. Maximum total nonresidential floor area ratio shall not exceed five (5.0) of the SPI-16.1 site. 15165.3.3. SPI-16.2 floor area limitations. 1. The maximum floor area in a mixed use building shall not exceed four (4.0) times gross land area. 2. The maximum floor area for a residential building shall not exceed two (2.0) times gross land area. 3. The maximum floor area for nonresidential use shall not exceed two (2.0) times gross land area. Sec. 15166. Minimum open space requirements. 15166.1. SPI-16, 16.2 yards; setbacks; arcades; gateway features; special requirements and limitations. 15166.1.1. Front and street side yards; other yards. 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 (and metromover) rights -of -way, all yards shall be a minimum of ten (10) feet in depth. 3. For all other yards, there shall be no minimum yard requirements (front, street side, interior and rear). �I 15166.1.2. Setbacks; arcades; special requirements and limitations. Except as modified {` by section 15166.3, following are the setback requirements and limitations: 1. Except 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 urban p design guides and standards for mandatory and optional arcades (see sections 15153.3.3. and 15166.6.2.), building setbacks shall not be permissible for %' a �J� 9 4/i� 14 D R A F T 7/25/89 the first forty (40) feet of height above ground level adjacent to any streets. 2. Adjacent to I-95, I-395, and metrorial rights -of -way, no residential building shall be erected less than fifty (50) feet from any structure within such right-of-way. 15166.2. SPI-16.1 yards; setbacks; arcades; special requirements and limitations. 15166.2.1. Front and street side yards; other yards. 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 are no minimum requirements for all other yards (front, street side, interior and rear). 15166.2.2. Setbacks; arcades; requirements and limitations on location. Except as modified by section 15166.3. following are the setback requirements and limitations: 1. Except for mandatory and optional arcades (see section 15153.3.3), adjacent to public rights -of -way, setbacks shall not be permissible for the first forty (40) feet in height above ground level. 15166.3. SPI-16, 16.1, 16.2 exemptions from yard and setback requirements. Where approved by Class II special permit in connection with original development or in subsequent Class II action, intrusions into the N.W. znd N.E. 9th Street pedestrian mall yard requirement, or other exemption from setback requirements, may be granted provided that such exemptions meet the general objectives as stated in the SPI-15, 16, 16.1 and 16.2 intent sections or in the Southeast Overtown-Park West Design Standards and Guidelines. 15166.4. Parking prohibited in required yards and setbacks adjacent to public rights -of -way; landscaping required. 1. .Required yards and setbacks adjacent to public rights -of -way shall not be used for offstreet parking or loading. Except for portions authorized 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. See section 15153.3.5 for osrmissible vehicular access. 151nu.5. Reserved 15166.6. SPI-16, 16.1, 16.2 open space, pedestrian open space, livability space; gateway features, special requirements and limitations. 15166.6.1. Pedestrian open space, livability space; gateway features, special requirements and limitations. Pedestrian open space and livability space shall be provided, improved and maintained as generally or especially required in these districts and in addition: 1. All improvements shall be in accord with City of Miami 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 pedestrian open space or livability space. See section 15153.7. 3. The yard adjacent to N.E. and N.W. 9th Street shall be improved and maintained as pedestrian open space. 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 it It special permit actions. 4. Street trees and street furniture shall be provided in the sidewalk area of the public rights -of -way. Street furniture shall be so arranged as to not impede pedestrian flow. D R A F T 7/25/89 5. Pedestrian open space and livability space shall be located to take maximum advantage of desirable views, especially as they relate to view corridors. 6. Where feasible, roof tops (other than mandatory improvement of parking deck roof tops) shall be improved and maintained as pedestrian open space and/or livability space (see section 15153.8). 16166.6.2. Gateway features; special requirements. Adjacent to N.W. 2 Avenue, N. Miami Avenue, and N.E. 1 and 2 Avenues, on N.E. and N.W. 5 Street frontages, gateway features shall be provided, improved and maintained as a portion of pedestrian open space. Such features shall be in accord with the Southeast Overtown-Park West Design Standards and Guidelines. 15166.6.3. View corridors; special requirements for open spaces. Where building towers are provided above the thirty -degree light plane, 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 15153.3.4 and the Southeast Overtown-Park West Design Standards and Guidelines. 15166.6.4. Pedestrian through block connections; requirements 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. 15167. Height limitations. 15167.1. SPI-16, 16.2 height limitations; special requirements. Adjacent to north -south public rights -of -way there are no height limitations. 15167.1.1. Special height limitations adjacent to east -west public rights -of -way. Adjacent to east -west public rights -of -way, Plane II shall be forty (40) feet; from that point a thirty -degree light plane shall extend i,iward and upward for a distance of fifty (50) feet as measured in a horizontal direction. Above that point there are no height limitations; however, no portion of a building shall be closer than fifty (50) feet to the base building line. 15167.2. SPI-16.1 height limitations; special requirements. Adjacent to north -south public rights -of -way, there are no height limitations. 15167.2.1. Special height limitations adjacent to east -west public rights -of -way. Adjacent to east -west public rights -of -way, Plane II shall be fifty (50) feet; from that point, a thirty -degree light plane shall extend inward and upward for a distance of fifty (50) feet as measured in a horizontal direction. Above that point, there are no height limitations; provided, however, no portion of a building shall be closer than fifty (50) feet to the base building line. Sec. 15168. 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, except for particular uses indicated in the schedule of district regulations that are not modified below, 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 2017, 2018, 2022 and 2023, except as modified below. 15168.1. SPI-16 offstreet parking. 1. For office, retail and service establishments and other nonresidential uses permissible in this district, there shall be a minimum of one (1) parking space per eight hundred ' (800) square feet of floor area. i; 2. For dwelling units, there shall be a minimum of nine -tenths (.9) parking space per dwelling unit. 1151611�.�. SP#�1�.1 offstreet parking. '' i For office, retail and service establishments and other nonresidential 'Use`s peroissible in this district, there shall be a Minimum of one (1) panting Space per one thous (1, OW) Square feet 0" floor area. 2, For dwelling units, there shall be a minimum of seven -tenths (.1) parking space Der duelling unit. 3. Offsite parking shall be permissible in this district as provided in section 2-0180 but without any demonstration or required findings as to the practical difficulty or unnecessary hardship in providing required parking onsite, further provided that in this district Class t it special permit may cover matters requiring other special permits as in the case of offstreet loading. 15168.3. Spi-16.2 offstreet parking. 1. For office, retail and service establishments and other nonresidential uses permissible in this district, there shall be a minimum of one (1) parking space per one thousand (1,000) square feet of floor area. 2. For dwelling units, there shall be a minimum of six -tenths (.6) parking space per dwelling unit. 15168.4. Special offstreet parking requirements; limitations. Except for offstreet interim parking facilities or parking lots, all offstreet parking and loading as related to a principal use, required or other, shall be in an enclosedstructure so =j designed to screen automobiles from public view. See section 15153.7. D R A F T 7/25/89 Set. 15110. SPI.17: South Bayshore Drive overlay district. Sec. 15111. 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; geol^iic features; bay views and vistas; 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 public interest 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 ws,rk. 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. 15172. Effect of SPI-17 district designation. j The effect of these SPI regulations shall be to modify regulations within portions of the ]]]] existing district indicated in the official zoning atlas as within its boundaries to the extent indicated herein for the SPI-district. Modifications are listed below. _ 15172.1. Limitations in 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 2003.7 of this ordinance, principal use structures share 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. 15172.2 Reserved. 15172.2. Exceptions to building square footage limitations. Notwithstanding B.S.F. limitations of existing districts lying within the SPI-17 district boundaries, the B.S.F. may be increased in accordance with the following provisions: 15172.2.1. Publicly accessible parking. For every nonresidential parking space provided in excess of offstreet parking requirements, an additional two hundred (200) square feet of floor area for any use permitted in the underlying zoning district shall be permitted; provided, however: (a) Such parking space shall be not less than seventy-five (75) spaces and accessible by the general public during normal business and operating hours of public activities or attractions in Dinner Key adjacent public facilities or the Coconut Grove Village Center. (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. D R A F T 7/25/89 (c) The entrance to the excess parking facility shall not be farther than six hundred (600) feet from a) the Coconut Grove village Center, a major public activity center, herein defined as the boundary of section 1520, SPI-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 1520, SPI-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 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. 15172.2.2. Transitional buffer; residential. Residential uses (excluding hotel use) may be permitted within the limitations of the LUI sector 4 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. 15172.3. Special limitations on walls, vehicular ways and parking 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 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. Sec. 15173..Class II special permit. 15173.1. When required. No building permit shall be issued within the boundaries of the SPI-17 district affecting the height, bulk, location or exterior configuration of any existing structure, the construction " of any new structure, or the location or relocation or enlargement of vehicular ways or parking areas on private property, without authorization by Class II special permit. 15173.2. Materials to be submitted with applications. No building permit shall be issued within the boundaries of the SPI-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. 15173.2.1. 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. — 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 egress from private drives serving nonresidential structures or parking shall not occur _ directly onto Tigertail Avenue. } 15173.2.2. Landscaping, screening and open space. Desirable landscaping shall be preserved in its natural state to the maximum extent reasonably feasible. General landscaping requirements and standards established by this ordinance for offstreet parking, yards, and open space shall be considered supplemental to retention of desirable natural features. Placement of structures and vehicular areas shall be 1. is D R A F T 1/25/8,9 such as to retain, to the extent reasonably practical, desirable existing landscaping, open spaces and natural teatures, and to promote provisions of compatible new landscaping. Desirable native plant materials, and such exotic plant materials as have become traditional in the area, shall be preferred. in plant selection. All accessory areas and structures, such as service and loading areas, which need screening to avoid adverse effects on adjoining properties shall be adequately concealed by appropriate plantings or other screening. Sec. 15174.15179. Reserved. Sec. 15180. SPI-18 little River Canal -Grove Park overlay district. Sec. 15181. Intent. This district is of special and substantial public interest because of the uses on the waterways known as the Little River Canal and Miami River to the vistas, environmental character and public health, safety and welfare of the adjacent property. The character and use of the waterways historically created a distinctive relationship to the adjacent property. It is in the best interests of the citizens living and working on adjacent upland properties that certain vessels be prohibited or restricted because: (a) The waterways are of unique character historically and environmentally and require control of these vessels as to navigability in preventing potential hazards to the surrounding areas and other vessels; (b) A particular hazard is presented to public health and safety by reason of wastewater, other discharges, and other uses from these vessels into the Little River Canal and Miami River when used as residences; and (c) These vessels represent a visual obstacle on these waterways and a visual intrusion which interferes with the tranquility otherwise enjoyed by adjacent residential property. Sec. 15182. .Definitions. Terms, as used in this ordinance, are defined as follows: (a) House barge: A vessel, manufactured or designed or used 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 (see illustration). (b) Houseboat: 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 (see illustration). Sec. 15183. Effect of SPI-18 district designation. The effect of these SPI-18 regulations shall be to modify regulations within portions of the existing districts indicated in the official zoning atlas as within its boundaries to the extent indicated herein. 15183.1 Limitations. House barges are prohibited in the SPI-18 district, effective (effective date of ordinance) March 31, 1987. Any other vessel or private pleasure craft (including houseboats) may be used as an accessory use subject to the limitations in the underlying zoning districts; but shall not be used for living quarters (dwelling unit) as either a principal use or accessory use. All this ordinance to relocate said houseboats. Sec. 15190. SPI-19 Coconut Grove overlay district. S9-�y� _ , `r � � i ti � � z ii Y r_ � x .� b �� < i car ,. � E 4 D R A F? 7/25/88 ARTICLE 16. NC HERITAGE CONSERVATION OVERLAY DISTRICTS GENERAL PROVISIONS See. 1600. 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 cttricts are intended to: 1. Effect and accomplish the protection, enhancement, perpetuation, and use of structures, landscape features, archeological resources, areas, neighborhoods, and scenic vistas which represent distinctive elements of the city's historical, cultural, archeological, aesthetic, and architectural heritage; 2. . Foster civic pride in the accomplishments of the past; 3. Protect and enhance the aesthetic and environmental character, diversity, and interest of neighborhoods; 4. Stabilize and improve property values in neighborhoods and in the city as a whole; 5. Protect and enhance the city's attraction to residents, tourists, and visitors and thereby serve as a support and stimulus to the economy; 6. Promote the use of historic sites, historic districts and archeological zones for the education, pleasure and welfare of the people of the City of Miami. 1600.1. Purposes of regulations relating to HC districts. The purposes of regulations relating to HC districts are 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, economically productive adaptive uses, transfer of development rights, and considerations relating to parking, yards, and other elements of zoning authority. Sec. 1601. Reserved. Sec. 1602. 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 chonge in color, form, texture, signage, or materials, or any such changes in appearance of designated interiors. Applicant. An applicant is the record owner of a property and/or structures located thereon, or his legal representative. D R A F T 7/25/89 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 Boundar?^s 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 locatior which has yielded or is likely to yield information on local history or prehistory. Archeological sites may be found within archeological zones, historic sites, or historic districts. Certificate of appropriateness. A certificate of appropriateness is a written document, issued pursuant to this article, permitting specified alterations, demolitions, or other work within an HC district. Contributing structure/landscape feature. A contributing structure or landscape feature is one which by location, design, setting, materials, workmanship, feeling, and association adds to the sense of time and place and historical development of a historic site or historic district. Demolition. Demolition is the complete constructive removal of a structure, or any part thereof. Ground disturbing activity. Ground disturbing activity is any excavation, filling, digging, removal of trees, or any other activity that may alter or reveal an interred archeological site. Historic 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. Historic 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 maintenance 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. Unreasonable or undue economic 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. 1603. 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. D R A F T 7ia'89 Historic sites, historic districts, and archeological zones may be designated as HC districts if Wy 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. Exemplif the historical, cultural, political, economic, or social trends of the commnity; or 4. Portrays the environment in an era of history characterized by one (1) or more distinctive architectural styles; 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. Contains elements of design, detail, materials or craftsmanship of outstanding quality or which represent a significant innovation or adaptation to the South Florida environment: 8. Have yielded, or may be likely to yield, information important in prehistory or history. 1604.2. Procedures for designation. Historic sites, historic districts, and archeological zones that meet the criteria set forth in section 1604.1 may be designated as HC districts according to the following procedures: 1604:2.1. 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, the Metropolitan Dade County Historic Preservation Board, or any interested citizen. The board shall conduct a preliminary evaluation of the data provided in the proposal for conformance with criteria set forth in section 1604.1; 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. Proposals initiated by the planning department shall not require a preliminary evaluation by the board. 160+4.2.2. Preparation of designation report. For every proposed historic site, historic district, and archeological zone, the planning department shall prepare a designation report containing the following information: 1604.2.2.1. Designation 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; and incentives to encourage preservation, rehabilitation, or adaptive use. 1604.2.2.2. Boundaries. 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 DRAFT 7125/89 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 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. 1604.2.2.3. Interiors. Normally, interior spaces shall not be subject to regulation under this section; however, interior spaces that have exceptional architectural, artistic, or historical importance and that are customarily open to the public may be included within the designation. The designation report shall describe precisely those features subject to review and shall set forth standards and guidelines for such regulations. 1604.2.3. Heritage conservation board public hearing; recommendation. 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 1604.1, it shall transmit its recommendation to the planning advisory board and the city commission. If the board finds that the proposed HC district does not meet the criteria set forth in section 1604.1, no further action shall be required. The board may rehear proposals based upon policies set forth in its rules of procedure. 1604.2.4. Final approval of HC 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 35, "Amendments." The ordinance amending the zoning atlas shall incorporate or reference the designation report. 1604.2.5. Moratorium following affirmative recommendation by board. Following the date of the public hearing at which the board issues an affirmative recommendation for designation pursuant to section 1604.2.3 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 is adopted by the city commission and a certificate of appropriateness is issued under the provisions of section 1605; or 2. The proposed HC district is denied by the city commission; or 3. The applicant has applied for an accelerated approval of a certificate of appropriateness prior to approvAl of the proposed HC district; and such certificate of appropriateness has been issued under the provisions of section 1605. 1604.3. HC districts designated under previous zoning ordinances. All existing and future HC districts shall be subject to the provisions of this article. Sec. 1605. Certificates of appropriateness. 1605.1. Certificates of appropriateness, when 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 1 D R A F T 7/25/89 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. Isom. Procedures for issuing certificates of appropriateness. Where a certificate of appropriateness is required, the following procedures shall govern:. 1605.2.1. Preapplication conference(s). Before submitting an application for a certificate of appropriateness, an applicant shall 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 confer•er,ce is to further discuss and clarify conservation objectives and design guidelines in cases that do pot 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. 1605.2.2. Application 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. _ 1605.2.3. Standard 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 1605.3, the heritage conservation officer shall, within five (5) working days of receipt of the completed application, issue a standard certificate of appropriateness, indicating in writing, conformity with specified guideslines. 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 guide lines such application shall be classified as a special certificate of apprcrriateness. 1605.2.4. Special 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. 1605.2.4.1. Reserved. 1605.2.4.2. Heritage 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) 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) days prior to the hearing. 3. An advertisement shall be placed in a newspaper of general circulation at least ten (10) days prior to the hearing. 4. Any additional notice deemed appropriate by the board. sJ- 7 4/(0 1605.2,4.3. Hearing; Ddecision of the heritage conservation board. The decision of the board shall be based upon the guidelines set forth in section 1605.3, 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 3. Denial of a special certificate of appropriateness, subject to the limitations in section 1605.3.2-1; 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 1605.3.2, 3, and 4, or up to sixty (60) days for any work potentially affecting an archeological site, archeological zone, or archeological conservation area, pursuant to the provisions of sections 1605.3.5. 1605.2.4.4. Time limitations. If no action is taken upon an application by the board within sixty (60) 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. 1605.2.4.5. Records. Written copies of all decisions and certificates of appropriateness shall be filed with the planning department. • 1605.2.4.6. Appeals. 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) days after the date of the decision, a written _ notice of appeal with the hearing boaras division of the building and zoning Department, with a copy to the heritage conservation officer and the city clerk. Said notice of appeal shall set forth concisely the decision appealed from and the reasons or grounds for the appeal. Each appeal shall be accompanied by a fee established by the city commission to cover cost of publishing and mailing notices of hearing. The city commission shall hear and consider all facts material to the appeal and render a decision promptly. The city commission may affirm, modify, or reverse the board's decision. The decision of the city commission shall constitute final administrative review, and no Aition 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. 1605.2.4.7. Changes in approved work. Any change in work proposed subsequent to the issuance of a certificate of appropriateness shall be reviewed by the heritage conservation officer. If the heritage conservation officer finds that the proposed change does not materially affect the historic character or the proposed change is in accord with approved guidelines, standards, and , certificates of appropriateness, the officer may issue a supplementary standard certificate of appropriateness for such change. If the proposed change is not in accord with guidelines, standards, or certificates of appropriateness previously approved b; the board, a new application for a - special certificate of appropriateness shall be required. 1605.3. Guidelines for issuing certificates of appropriateness. D R A F T 7.'75/89 1605.3.1. Alteration of existing structures, new construction. Generally, for applications relating to alterations or new construction as required in sections 1605.1 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." 1605.3.2. Demolition of existing structures. 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 or substantial variation under the provisions of section 1606. 2. Except as provided in section 1605.3.2-1, 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 purposes 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 Df 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 comoensation for the subject structure or property for fair market value by any public or private person or agency which gives reasonable assurance of its willingness to preserve such structure on its original site or on a site approved by the board, it may invalidate the certificate of appropriateness, following a public hearing. 5. The board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition. The recording may include, but shall not be limited to, photographs and measured drawings. 1605.3.3. Relocation 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 architecture: 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. 1605.3.4. Removal of existing landscaped features. 1. No certificate of appropriateness shall be granted for removal, relocation, concealment or effective destruction by damage of any landscape features � I - r2 C/ (� 11 9 DR AFT 7/25/89 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 failing: 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. 1605.3.5. Ground disturbing activity in archeological zones, archeological sites, or archeological conservation areas. 1. No certificate of appropriateness shall be issued for new construction, excavation, tree removal, or any other ground disturbing activity until the 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) 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. 1606. Variations and conditional uses. 1606.1. Intent. To further the intent and purpose of heritage conservation districts, the heritage conservation board may, if the requirements set out herein are met, relax certain otherwise applicable zoning regulations for historic sites and historic districts designated as HC districts by granting a special certificate of appropriateness. 1606.2. Types of variations and conditional uses permissible. 1. Variations may be authorized for height, area, size of structure, dimensions of yards and other open spaces, offstreet parking or loading requirements, density, and other similar elements of zoning authority. ,9. Variations may be authorized from the provisions of article 21, "Nonconformities." 46 D R A F T 7/25/89 3. Conditional uses permissible only within HC districts by a certificate of appropriateness, as set forth in the schedule of district regulations, may be authorized by the board. Such uses shall be permissible only within existing structures that contribute to the historic character of the historic site or historic district, as identified in the designation report; and shall not be permissible in any case where the structure(s) of principal historic significance has (have) been destroyed or damaged beyond repair, as determined by the board, for any reason. 1606.3. Standards. in addition to guidelines for issuing certificates of appropriateness as set forth in section 1605.3, the heritage conservation board shalt determine that the following standards have been met before reaching a decision to grant a special certificate of appropriateness. 1. The variation or conditional use provides a public benefit and is necessary to assure the continued preservation of the historic structure. 2. The variation or conditional use 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, pedestrian safety and convenience, public utilities and services, lighting, noise, or potential adverse impacts. 1606.4. Procedures for granting variations and conditional uses. 1606.4.1. Application for a special certificate of appropriateness. An application for -Zfl a special certificate of appropriateness shall be submitted as set forth in section 1605. In addition, the application shall contain a written statement justifying the requested variation or conditional use and providing evidence that the variation or conditional use is necessary to assure the continued preservation of the designated historic structure. 1606.4.2. Notice 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. 1606.4.3. Decision of the board. The board shall make findings based upon the standards set forth in section 1606.3 and shall take one (1) of the following actions: 1. Recommendation for a special certificerp of appropriateness for the variation or conditional use proposed by the applicant; or 2. Recommendation for a special certificate of appropriateness with specific modifications and conditions; or 3. Denial of a special certificate of appropriateness. 1606.5. Conditions and safeguards. 1606.5.1. Board may impose conditions and safeguards. In granting any variations or conditional use, 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: 1. Landscape materials, walls, and fences as required buffering. 2. Modifications of the orientation of any openings. s 3. Modification of site arrangements. ''16064.2. Requirements for substantial rehabilitation. As a condition of granting a conditional use or other substantial variation, the board may require that structures) for which the conditional use or variation is requested be substantially rehabilitated in accordance with the South Florida Building Code, the 1 .. e < r ��.'_NY..'3'. ti�tkSh�•eGY..'nY3��'S3Akai+1'�"A j,.]Gr .. .y. .."...... r � ' D R A F T 1/25/89 National Fire Prevention Code, and the Secretary of the Interior's "Standards for _ Rehabilitation" within one (1) year of the issuance of the special certificate of appropriateness. 16b6.5.3. Requirements concerning demolition. in cases where a property owner has been granted a conditional use or substantial variation, 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 1605.3.2-1. 1606.6. Appeals. Appeals of any decision of the heritage conservation board shall follow the same procedures as set forth in section 1605.2.4.6. Sec. 1607. Amendments to existing HC districts, administration and enforcement in HC districts. 1607.1. Reserved. 1607.2. Amendments for to existing HC districts; exception. Applications for amendments to existing HC districts shall be processed according to the provisions of article 35, "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; 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 1605. 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. 1607.3. ordinary maintenance 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. 1607.3.1. Enforcement of maintenance and repair provisions. Where the board or the heritage conservation officer determines that any structure within an HC district is endangered by lack of maintenance and repair, or that [any] other structure in visual proximity to an HC district lacks maintenance and repair to such an extent as to detract from the character of the HC district, the board or the officer may request appropriate officials or agencies of the City to require correction of such deficiencies under authority of applicable laws and regulations. 1607.4. Unsafe 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. 1607.5. Emergency conditions. For the purpose of remedying emergency conditions determined to be imminently dangerous to life, health or property, nothing contained herein shall prevent any temporary construction, reconstruction, demolition or other repairs to a structure, landscape feature, or site in an HC district pursuant to an order of a government agency or a court of competent jurisdiction, provided that only such work as is reasonably necessary tr, correct the emergency condition may be carried out. t D R A� e= e! f The owner of a 3tructuf* da jed by fire Or natural calamity shall be perMitted to stilbilite the structure iMadiattly and to rehabilitate it later under the 0roc6dW*I of thin article. ` 1607.6. Inspections. The building and toning department shall assist the board by making necessary inspections in connection with enforcement of this article. The director of the building and toning department shall be responsible to promptly stop 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 shall be voluntarily corrected to comply with the certificate, or that authorized civil and criminal prosecution is initiated promptly. 1607.7. Violations. 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. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty otherwise provided in article 34 of this comprehensive zoning ordinance. 1607.8. Conflicts. Where there are conflicts between the requirements of this article and other provisions of this zoning ordinance, the most restrictive requirements shall apply. 1607.9. HC zoning applies equally to private parties and public bodies. 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. I -� D R A F r 1/25/89 -� ARTICLE 17. RESERVED ARTICLE 18. RESERVED ARTICLE 19. SPECIAL PUBLIC INTEREST INTERIM ZONING DISTRICT Sec. 1900. Defined; intent. A special public interest interim zoning district is defined as one intended to provide temporary regulations in designated areas of the city, notwithstanding existing zoning applied to the area, pending determination of public policy for public or private development within the boundaries of the area. It is characteristic of an interim zoning district that its establishment is in aid of implementation of the Miami Comprehensive Neighborhood Plan and it is the intent in establishing and utilizing this interim zoning classification that the regulations drawn for the interim period be in accord with the comprehensive neighborhood plan or elements thereof. The further intent of the interim classification is to ensure that development in the designated area is in accord with established public policy and that the construction of a particular project will not have an adverse effect on the comprehensive neighborhood plan, or the general welfare. In view of the overriding public necessity that will occasion and justify the utilization of this interim zoning classification, the designation is declared to be one of the several special public interest districts established under section 1500 (c) of this zoning ordinance or that may be established in the future under this zoning ordinance. Sec. 1901. Applicability. An interim zoning district classification may be applied to any area of the city, upon appropriate demonstration of the public need therefor. Sec. 1902. Contents. In determining the nature and type of provisions to be included for regulatory purposes for any interim zoning classification, the city commission shall be guided by the applicable provisions of article 15 and include, but not necessarily be limited to, the following: (a) Intent of the interim district; (b) Delineation of interim district boundaries; (c) Uses permitted or permissible by special permit; (d) Limitations on uses; (e) Yard, lot coverage, height, setbacks and similar requirements; and (f) Special provisions necessary to the accomplishment of the intended intent and purpose of the district. Sec. 1903. Procedures. Procedures for the adoption of an amendment to this zoning ordinance to establish an interim zoning designation for a specific area shall be generally those of articles 15 and 35 of this zoning ordinance, provided that: (a) All property owners within 375 feet of the area proposed for the establishment of the interim district shall be notified by mail prior to public hearings by the planning advisory board and the city commission on the matter; a #lot to 60161 eighteen (111 sontolin v 1,501 - W�dil' WAS ■� ''. vim .. ;: : r .0 '.. { �, .` :1� Y 1 � R, .0 a41�Rid �t•�N4i'� ; S� 1�9 toning district cldisificetion sheii rrir�ed the.1'#icier tit' die# #. =interim n t1� inner 0§10idly article 3, 60theis lining' Mini nice. ' to s` "J AVX a .Q 400 awl i U"' .� 4S>` 4 rr .: , i',. _ . �., 3 r'.. l .i✓i' �� { sf. { 1 y r d � } y :`i ri +Sy3 � •S;yj Y . � M ',°1: . i'F 3 '. ,. },�4�y"I�SjW ; s r !, A'ifi $a1e3�7 ii�iY tit l�: y:� 'by "d . 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C 4;♦ SKY4 wi4:.'.`�K6i K.. ale ,S•". ,"� + i.id �,. a. 5. kr•�i a�1. �3 �« hr�i0 .' a ee -1r - t d ,, i ct' S r : •t$ s,3i K!-j ` ,) 4'�• �"� t �„j s .:4' far f' , � � � F :rc'�'„'t7, � # �".s q`` �,s ,�„5 i '-3"' �, }•A4i x 'd' 1<;t t�' z .fir .k�K g'•7 t i.�:s � �� .� f i i; " 5 ��,��.d $ y-$:� kKir�C:�;yx;��' ' ,. .`�.. .� S �'�a• r" ���' �Ri � e ' }` 3 i,s:� �': b,.N,rvT .t tS hFi: S ifJ.0�, s-��� ���,,� "� r s'�# =v b�'szdi�� .•�.fR 4 � ^�:d � �.. , �,�.� ::,.�,s i-�Y`i ,<�,i'kih .: �'�? car 4" a •..Y� I' i i^ s � ,t{'S c �.,"�d s€ jn:' e _ z r sr .,�: ``� � � f� ��:t i; � r t �,-'� �r cap ?#� G�+4. i'�j.'; !,- i E i { x •t f�•7`'al'*,'. �F 4 •r?.f1 �k�y�; k��k -,fir i'" k �sF F'��1; #$ }�+ D R A F T 7/25/89 ARTICLE 20. DEFINITIONS, GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 2000. 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 work "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. 2DO1. 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 2002 are not numbered and are, and are to be, listed in alphabetical order. Citations are to be made to section 2002 and the specific definition involved. Sec. 2002. Specific. Aocessory 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 ,s attached to the principal building, it shall be considered part thereof, and not an accessory structure. Actual construction. See section 3405.1.2. 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 substantiallv 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. Adult. An adult is a person eighteen (18) years of age or older. Adult entertaiment or service establisknont. 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 comaunication from one person to another to "specified sexual activities" or "specified anatomical areas" as herein defined. An adult entertainment or adult service establishment is not open to the public generally but only to one (1) or more classes of the public, excluding any person under eighteen (18) years of age. It is the intent of this definition that determination as to whether or not a specific establishment or activity falls within the contcxt 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. 11 D R A F T 7175189 0 Aakcli mrsaWe parlor. See Adult entertainment or adult service establishment. Adultrrotion picture theater. See Adult entertainment or adult service establishment. AM t private dancing. See Adult entertainment or adult service establishment. Airport. An area where aircraft can land and take off, usually equipped with hangers, 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, strueturarl. 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 tr, 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 the major portion of an existing building is being accomplished. Arbulance 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. Arochonges asdmooruges. See Mooring. Anirml clinic. A facility which provides medical and surgical care for animals but does not include boarding facilities for well animals. Aafrral kermel. A facility which provides boarding services for five (5) or more animals. ,oart=t. See Dwelling, multifamily. Aparbrimt hotel. A hotel offering long-term (more than thirty (30) days) lodging. Such establishments may furnish dining room service. A#:plioatiot ooMlete. 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 requested on said form is provided by thl applicant on the form,- or attachment(s), as necessary, at the time of its filing and it has been reviewed and signed by the zoning administrator. Artacde. 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 rwWs. See Recreation facilities devoted to the practice shooting with a bow and arrow. Area, grass lmd of A)H districts. See section bll. Gross land area of PD-H districts shall be computed as all land (except that to be devoted to nonresidential purposes) within district boundaries. 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. Area of a lot. See Lot, area. Art objects. See Galleries. Art stores. See Retail. Asmblagie. The process of forming new products by combining or connecting components and/or parts. Astrolq#sts, fortwie-tellers, and spiritualists. Establishments providing advice, predictions, or interpretations or planetary affects, on or about future events or human affairs. 0 p.. 11 0 " U RAF T 7/25/89 Autiitvritft or amphitheaters. A building or outdoor area or structure specifically designed and used as a place of assembly. Action gttllery. A building or structure at which a public sale of property, goods, or chattel are conducted by a licensed or authorized agent. AutwDbile assembly plants. See Assemblage. Autmnbile, new parts and a msory. See Car dealerships and Retail. Automobile sales. 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. Automotive tires, batteries and accessories. See Automotive service station. Automobile uash. Any building or premises used for washing cars or trucks. Autowbile rental/leasing agency. Establishment primarily engaged in the leasing or renting of trucks and passenger vehicles. Automobile overhauling. See Repair garage. Autarnbile paint and body slop. See Repair garage. Autarative service station. At. 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; I.j. Adjusting and emergency repair of brakes; k. Minor motor adjustments not involving removal of the head or crankcase; 1. Greasing and lubrication; m. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station customers, but only as accessory and incidental to the principal business operation; n. Provision of road maps and other informational material to customers; provision of 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 u 0 D R A F T 1/25/89 garage as an accessory use, or other work involving undue noise, glare, fumes, smoke, traffic congestion or other characteristics to an extent q-eater 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, car wash, truck stop, or sales or renta' 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. Autarotiue tcud g service. See Towing service. Aming. A movable roof -like structure, cantilevered, or otherwise entirely supported from a building used to shade or screen windows or doors. Autarnbile wrecking 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. BAeries. See Retail. Bakery goods ship. See Retail. _ Bar, oocktai1 low e, 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. B -ber 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 to*,;; 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 forrmrine dredging. See Dredge and fill establishment. —'- Baths. See Recreation facilities or health spa. —t _1 —j Battery manufacturing. See Manufacture or Repair garage. Battery repair and rebuilding. See manufacture or repair garage. Beauty salons. See Personal services. j Berth. See Stall/berth and Loading facility and Loading space. { Blank nusking. '7 Blueprinting. See Quick copy. B=rdirg house. A dwelling unit or facility containing three (3) or more lodging units f which provide accommodations for a fee for thirty (30) days or more and may provide accessory f}+ dining services to its residents. { Bxvding Kennel. See Animal kennel and Animal clinic. i Boat and rnrrine rrotor sales. See Retail. Boat and marine service and repair. Establishments which provide for the maintenance and repair of vessels. _ i { Bbat building. Facilities designed and used for the manufacture and assembly of vessels. Boat docks. See Wharf. Boat rental oW 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 and Yacht brokers. f f}� R A F T 7/25/89 $iiGk atidl statioxrry stares. See Retail. Binding. The printing and production of books, magazines, and other, literary► publications. See Assemblage. Bottling plants. See Assembly and Manufacturing. Bai»g alley. See Recreation facilities. Breweries. See Manufacturing. Broadcast studios. A building used for licensed transmissions of radio or television programming. 8 )W 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, —1 signs, buffering or screening. &i lding rraterials 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. &ilciable 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. &ilding. Any structure having a solid roof intended for shelter or enclosiig of persons, ,.. animals, chattels, property, equipment or a process of any kind or nature, including free- standing tents, free-standing awnings, and cabanas but excluding screened enclosures. Bcilding line. The building line is the inner edge of any required yard or required setback, and the corresponding outer edge of the buildable area. Except as specifically provided by these regulations, no portion of any building or structure may be extended to occupy any portion of a lot outside its building lines. W lding supply stores. See Retail. 8clletin 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. Bclletin board, camiatity or nei#tborhood. 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 noticeE 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 ar offering trrnsportation or accommodations. Bcsiress services. Establishments primarily engaged in rendering services to businesses on a fee or contractual basis, such as advertising and mailing, building maintenance, employment service, management consulting services, protective services, equipment rental leasing, commercial research, development and testing, photo finishing, duplicating, and secretarial services. CirM. 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. D R A F T 7/25/89 Cbrport. A carport is a portion of a principal residential building or a building accessory l 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. ti Chtering service, industrial. Pn industrial catering service uses vehicles equipped to transport food to be sold directly from such vehicles. z ' Clztering service, social or hone. 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. _j CO storeW 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 ji which is inflammabie, combustible, explosive or dangerous, is expressly prohibited. fF Cirmtery. Property used for the interring of dead and customary funeral services. Grange of o«xpmcy or chwW of use. The terms "change of occupancy" ur "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 a of tenants or proprietors unless accompanied by a change in the type of use. _ Child cam facility. See Child day care center. Child day care 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), day care centers or services, day care agencies, nursery schools, play schools, and similar care facilities primarily for preschool children. The term does not include community based residential facilities, family day care 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 are primarily intended for the conduct of organized religious services and associated accessory uses. This definition may include meditation gardens. Civic or private 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, surgical and other health care services to individuals, including offices of physicians, dentists and other health care practitioners and customary accessory types of medical or dental services. Club, night. 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. Club, private. See Clubs. Chiba. A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by dues, regular meetings, and a constitution and/or bylaws. 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 uniuersities. Educational institutions authorized the by the state to award baccalaureate or higher degrees. CUm ercial marina. A marina providing services to the general public, not accessory to a specific residential development. , } _ J � F ; D R A F T 7/25/89 #: arxnercial p w*itg. Any parking area or parking garage utilized by either the general — public or private users and requiring compensation. 0jarmial txhicle. A commercial vehicle is any vehicle designed, intended or used for a transportation of people, goods, or things, not including private passenger vehicles and trailers for private nonprofit transport of goods and/or boats. CUrm open spoon. An open space area within or related t 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. Cbammity based residential facility. A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services which provides a living environment for up to — fourteen (14) unrelated residents who operate as the functional equivalent of a family, a including such supervision and care by supportive staff as may be necessary to meet the physical, j emotional, and social needs of the residents. Cbncunity based residential facility resident. An aged person as defined in Section 400.618(3), Florida Statutes; a physically disabled or handicapped person as defined in Section 760.22(5)(a), Florida Statutes; a developmentally disabled person as defined in Section 393.063(6), Florida Statutes; a nondangerous mentally iil person as defined in Section 394.455(3), Florida Statutes; or a child as defined in Section 39.01(8) and (10), Florida Statutes. Cb7ntonity residential ham. See Community based residential facility. _ Ox=ication and instrumt installation and repair. See Assembly. Cbnfecticneries. See Retail or Manufacture. Cbnfomning lot. See Lot, conforming. Construction, actual. See Actual construction. Cbnaalescent ham. See Extended care facility. Cbnuenionce establisIrrmt. A convenience establishment is one serving daily or frequent needs for commodities or services such as eating and drinking establishments, news stands, beauty shops, or barbershops. Cbuervge of a lot. That portion of a lot covered by buildings. .Llr= hall. A building or portion of a building used for dancing by the general public or to provide instruction or dance lessons. 12ry cam center. See "Child day care center." Lblicatessens. See Restaurant. Detention facilities. See Jail. De elop»Lmt pemdt. 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 the development of land. Draper seruice. See Laundry/dry cleaning plant. t Dirigible base. See Airport. Distilleries. See Manufacturing. i' ( Locks. See Wharf. A edge and fill. The process of deepening streams, swamps or coastal waters by removing D R A F T 7/25/89 Unite-iut establis*mts. A drive-in establishment is any place or premises on which, or any j fatalities by which, customers are served in automobiles. �! Drive-in restazurvtt. See "Restaurant, drive-in." Drive-in use. See Drive-in establishment. Drive-thnmrgh facility. The term includes drive-in banks or teller windows, drive-in eating and drinking establishments, drive-in theaters, drive-in 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-in establishments defined above as a class. Driving ranges. See Outdoor recreation. Driving schools. See School, business and vocational. Ling store. See Retail. Agclork. A structure operated to facilitate the repair, maintenance, and alteration of vessels. Dplex d ellinlg. See Dwelling, two-family. Lkelling, detaohad. 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. �r- Lkelling, nubile hone. 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. Lkelling, rnultifanily; multiple; opar&=t building. A multifamily dwelling, multiple dwelling, or, apartment building is a building containing three (3) or more dwelling units. Dwelling, ane-family or single-family. A one -family or single-family dwelling is a building containing only one (1) dwelling unit. The term is general, including such specialized forms as one -family detached, and one -family attached (row house, townhouses, patio houses and the like). For purposes of these regulations, the term is not to be construed to include mobile homes or travel trailers, houseboats or other watercraft containing living quarters, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing, all of which are to be construed as separate classes of dwellings or lodgings. Lkelling, tuo-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. Lhellirlg unit. One or more interconnected rooms with a single kitchen facility and other sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. Lkelling, attaMed. Attached dwellings are buildings containing only one (1) or two (2) dwelling units each with three (3) or more such buildings attached to each other at party walls without openings. Such buildings shall have individual lots, or shall be so located on land in the same ownership that individual lots meeting the requirements of district regulations could be provided for each, or shall be so located and grouped on land in the same ownership that individual lots plus common open space for each and all groups would yield a lot area per dwelling unit at least equal to that required for the district. The term attached dwelling is intended to apply to row houses, townhouses, patio houses, and other forms with three (3) or more ! buildings attached to each other, provided that any such building containing more than two (2) dwelling units shall be considered a multifamily dwelling. t; &tirg and drinking establish rots. See Restaurants and Bar. B�I-174 D R A F T 7/25/89 r Efficiency cpzr#m?t. A dwelling unit attached to at least two other dwelling units and consisting of only one habitable room together with kitchen facility and sanitary facilities. F3gine and tmtor repair. See Repair garage. 4 } Bnbgyunt. An embayment is 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. j i� Drten*V cane 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 j Nursing home. Fhcilities for storing, packaging, handling, processing or distribution of explosive, flow le or othenidse haaardousrraterials. See Manufacture and Packaging. Facilities for VKL or SXL aircraft, hovercraft, or sea planes. See Marine landing facilities. Mrbrication of custanvu de jewelry. See Handmade products. Fbsruly. 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) children, in addition to foster parents, residing in a home caring for foster children, with the total number of children including natural children of the foster parent, 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. Mniancial services. Establishments such as but not limited to banks, trust companies, credit agencies, investment companies, securities exchange, brokers and real estate agents and developers. Fire stations. A building used for fire equipment and firefighters. FYsh onn at nnrhets. See Retail. Flashing pier. A wharf providing a recreation opportunity for sport fishing. Flea nnrket. An open area or building used for occasional or periodic sale of goods by individual sellers. Floor area, nonresidential. Nonresidential floor area is the sum of areas for nonresidential use on all floors of buildings, measured from the outside faces of the exterior wails or windows, including interior and exterior halls, lobbies, stairways, elevator shafts, mechanical rooms, enclosed porches and balconies used for nonresidential uses. Floor area, residential. The sum of areas for residential use on all floors of buildings, measured from the outside faces to the exterior walls or windows, including interior and exterior halls, lobbies, stairways, elevator shafts, mechanical rooms, enclosed porches and private enclosed balconies used for habitation and residential access. Florists. See Retail. Food 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. Fortune-tellers. See Astrologists. i, Freight tenminrals. See Warehouse. 1' Fraternity; sorority; student center. The terms "fraternity," "sorority" or "student '. center" refer to buildings or � g 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. 0 4*1 D RAF T 7/25J89� 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 coerated 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. Fhzt yartL Front yards shall be construed as extending between side lot lines across the frontage of the lot. FhntcW, as specially related to sign regulation cmd pedestrians streets/pathways. Adjacent to a street, whether at the front, rear, or side of a lot. Fhmtons. Commercial recreation facilities devoted to Jai Alai. Ftaseml hare. A facility licensed by the state and containing either suitable storage room for the dead or embalming facilities, and may also provide rooms for the display or the dead or ceremonies connected with burial or cremation. Fhmishinp and cppl ianc es. See Retail. CWleries. A building or hall where pictures, paintings, sculpture, photography or other artistic works are displayed or sold. Chun roans. See Recreation facilities. GbrcW. See Carport. GWvW sale/yvd sale. Sales of secondhand household goods at private residences, yards and garages. The term "estate sale" is also included in this definition. Ghrden sgply. Building, land or greenhouses used to raise or sell flowers, shrubs, or plants and related items. aft shops. See Retail. Gbuerment rmintenance facilities. Building, land, or structure designed and intended to be used in the routine upkeep and repair of government owned or leased equipment. Cbvermrnt offices. Governmental administrative and judicial buildings. Cbverrrrerstal utilities. A facility or agency which under public franchise or ownership or other lawful relationship, which provides the public with an energy source, communication services, waste disposal services, transportation facilities or other similar services. Ckvw space. An open space area not occupied by impervious surface. Ckoceries. See Retail. Gross area of a lot. Total area within property tines prior to any required dedications. Cross area of a lot. See Area of lot. Ghxp hams for the develeprsentally 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. CWst hams. See Tourist homes. hibltable roorss. 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. i Itox hnde products. The production of unique, not mass produced, crafts, art objects, sculptures, or fine art objects for sale or display. Ei D R A F T 7/25/89 l*lth spa or studio. Establishments providing facilities and instruction for exercise and sports training and similar activities. 1*1iport. A designated facility on land, water or structure, which includes buildings and appurtenances if any, used or intended to be used for: the landing and take oft of helicopters, their service maintenance refueling, parking and storage, and the embarking and debarkation of passengers. a/ipad. A small, designated area, usually with a prepared surface, located on the ground or on a structure used exclusively for the take off and ianding of helicopters. Ibritcge 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 16. Mrirlg hall. A building used to provide employment services for seamen, dock workers, or other marine related activities. 112W shops. See Retail. Hire for the aged. See Nursing home or Extended care facility. Ihm ocupation. A home occupation is an occupation conducted entirely within a dwelling unit. See also section 2003.5. Ibms for the deuelayna 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. Ibrizon arc. Horizon arc, a used in relation to view protection in these regulations, means the portion of the horizon (in degrees) involved in the view being protected. Fbspital. 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. Ibtel; rmtel. 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. Mtel, crparbrent. See "Apartment hotel." Ibtel, residence. See Apartment hotel." Hwe 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. ibuseboat. 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. Musing for the elderly. Residential units or facilities providing homes specifically for the elderly under the auspices of state or federal programs. I= crwn shops. See Retail. Inner court. See Court and Plaza. Institution for the ogW (hone for the cgd). See Nursing home or Extended care facility. Interim t An area designated and approved to provide temporary � p'�'k��• 9 PP P P Y Parking facilities jj during construction of an existing use. f' Interim zoning district, special public interest. See section 1900. A zoning designation nation E which is intended to provide temporary regulations in designated areas of the city, notwithstanding existing zoning applied to the area, pending determination of public policy for public or private development within the boundaries of the area. { _ D R A F T u<ai1. A building designated by law or regularly used for the confinement of persons held in lawful custody. Janitorial Services. Contractor services. Jutrllcynud. See Automobile wrecking yard. i F{indengarte n. See Schools. Knosk. A free standing bulletin board having more than two (2) faces. Mtolen facilities. A portion of a dwelling unit used for the preparation of meals and shall include a kitchen sink. Iauedry and rrg cleaning. See Laundry/dry cleaning plant. Iaoedry/dry cleaning plant. An establishment providing washing, dry cleaning, dyeing, pressing, or special similar services, not open to or for the direct use of the general public. Letter, photostatirg or dnplieation services. See Business services and quick copy. Library. A repository or literary or artistic materials such as books, periodicals, pamplets, and prints usually systematically arranged and accessible to the general public. € Lift station. A building or structure which conveys sewerage through pipes. Line -of -site relay devices for telephone, radio or television eomunieatians. See Utilities. 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 sp%ze, 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. Local stations for railways ornrrzss transit facilities. See Terminal and Transit station. Iocks7ath. See Personal service. Lodgintg unit. Living quarters which may or may not contain independent kitchen facilities occupied by transients on a rental or lease basis for periods of less than one (1) week. Lot. A lot or lot of record is any platted tract or parcel of land and means the least fractional part of subdivided lands having limited fixed boundaries, and an assigned number, letter or other name through which it may be identified intended as a singly; building site or unit for transfer or ownership for development, subject to the requirements, limitations and exceptions of Chapter 54.5 Subdivision Regulations. Section 54.511 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, eornfomring. A parcel of land meeting the requirement: of this ordinance as to dimensions (width, depth, or area) and dCcess. Lot, COrIner. 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. 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. gJ- 9 c/6P D R A F T 7/25/89 Lot, tsorwMfbmaing. A parcel of land with dimensions or access not meeting minimum requirements of this ordinance as passed or amended which: (a) Existed at the time of passage or amendment of this ordinance, or (b) Was made deficient in dimensions or access, or had its deficiency increased, as a result of public taking, or (c) Was created or made deficient in dimensions or access by order of a court of competent jurisdiction under circumstances where justice or equity preclude establishment of conforming lots. Lot, regular. A lot abutting a public street or approved private street, so located, shaped, and oriented to the street and to adjacent lots as to be reasonably adapted to application of general requirements and limitations of this Ordinance. Lot, regular, gross area. The measure of the surface within the lot lines, not including any required dedications for rights -of -way. Lot, reuersed frontage. A lot, which may be an interior, corner or through lot, and in which the frontage has interior angles less than one hundred thirty-five (135) degrees to the general pattern in the area. _ Lot, substandard. 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, thnau&�. A lot other than a corner lot, and with frontage on more than one (1) street; V _ alleys shall not be considered as streets for purposes of this definition. i' Lot area. See definitions for gross area of regular and irregular lots. The total area — within the lot lines excluding any street rights -of -way or other required dedications. Lot couengge. The area of the lot occupied by all buildings, excluding structures such as decks and pools. Lotting. Lotting is the division of land into lots. j Is"ine shops. See Manufacture and Assemblage. d AVor recreational equipment. 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." Atnufacturing. Establishments engaged in the mechanical or chemical changing of raw products/materials into new products or components. ftrina. A facility for storage, servicing, fueling, berthing, and securing of pleasure boats. M rine insumm= broker. A licensed insurance agent or broker providing services exclusively to water -related industries or services. Marine landing facilities. Structures or buildings associated with the operation, landing, {' or takeoff of amphibious craft such as sea planes or VTOL oi- STOL ai;-craft. Wine salwV. An establishment which receives compensation for providing assistance to vessels in distress and may collect/claim cargos or vessels which are thus rescued or found abandoned. Wpyand. An area where ships, boats or vessels are built. Mss transit temurxd. A place where people transfer from or to mass transit trains. Rile hare. See "Dwelling, mobile home." Mooring. An area in or directly above the water where a vessel is secured by a cable, anchor or line to a dock or wharf. D R A F T 7/25/89 Abtel. See "Hotel; motel." Mcltifmsly dmllirg. A building containing three or more dwelling units each of which has direct access to the outside or to a common hall. Mtltifmaly use; mcltiple faraly 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, condominiums, and the like. (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 dweiling units, even though individual buildings involved may each contain less than three (3) dwelling units. (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. Mght club. See "Club, night. _ 1lbnaoafonning characteristics of use. Characteristics of use where the nonconformity was created by ordinance adoption or amendment, as provided in article 21, as well as those where nonconformity was created by public taking or court order, as provided in article 21. llbnoonfonring lot. See Lot nonconforming. Norw reforming structure. Any building or structure where the nonconformity iras created by ordinance adoption or amendment, as provided at section 2101.2. Thp 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. P&uxnfomung use (of laud or ureter or land with nano, or structures only). Where, at the effective date of adoption or amendment of this zoning ordinance, lawful use of lands or waters exists which would not be permitted by the regulations of the district in which the property is situated, and where such use involves no individual, permanently fixed structure with a replacement cost exceeding two thousand dollars ($2,000.00) and no combination of permanently fixed structures with a combined replacement cost exceeding five thousand dollars ($5,000.00), the use may be continued for a period of not more than two (2) years after the effective date of this zoning ordinance or amendment thereto creating nonconforming status, so long as it remains otherwise lawful, and all evidence of such prior use shall be removed at the end or the two-year period. llbnoonfonning use of structures or struetw-es and prenises in eo7bination. 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 Viousand d,;ilars ($5,000.00), such use may be continued so long as it remains otherwise lawful. 1lbrioaafomdties. See Lot, nonconforming. Abreresidential. Of or pertaining to use for commercial or non -domiciliary purposes. 11bru esidential floor area. The sum of areas for nonresidential use on all floors of buildings, measured from the outside faces of the exterior walls or windows, 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. D 9 A P T leaaxy aaliaol. See "Child day care center." 7/25/89 Mrtitg or extended cane 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. Offeite pw*itg. Spaces provided for vehicles and located outside of the boundaries of the lots to be served. Otvtparacy. See "Use." Office. A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government. Offstreet loading facility. See Loading facility. Offstreet loading space. See Loading facility and Stall. Offstreet loading stall or berth. See Stall/Berth. Coen space. See Space, open. Qpen space, covered. See Open space. C�ert space, uncovered. See Open space. OAdoar advertising business. An establishment which provides outdoor displays or display space on a lease or rental basis for general advertising and not - g g primarily �i� 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. Utter court. See Court and Plaza. ReohWing. Establishments which organize, bind, wrap products or pieces of a product or components for transfer or shipment. Package liquor. Retail establishment licensed by the State, primarily selling wines, beer, or liquor for off -site consumption. Pxaking. See Packaging. Paint and uallpaper stores. See Retail. Parcel. See Lot. Parking area. Any public or private land area designed and used for parking motor vehicles including parking lots and garages, private driveways, garages serving residential uses, and legally designated areas of public streets and right-of-way. Parking Ciuzra e. A building or portion thereof primarily used for the parking or storage of motor vehicles. Ftm4. A tract of land designated and used by the public for active and passive recreation. P ut shop. Establishments which provide loans upun delivery of personal roods or other chattel as security and sell those same items as a second hand retail service. Peraonal 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. Pot stone. 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 X hpr#es goets,,sheop and poultry. ; 5 Pier. A platform extending from shore over water used to secure and protect vessels. D RAF T 1/25/89 Plmmad develcp7mt. 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. Plow. An open space which may be improved, landscaped, or paved usually surrounded by building or streets. Aatcgrq*ic and hobby shop. See Personal service and retail. PlWields. See Parks: Pbrry rides. See Recreation. Principal buildirg. A structure used to enclose or house the primary use(;) located on a parcel. Principal structure. See principal building. Principal use. The primary use associated with a parcel of land. Private clubs or lodges. The term "private club or lodge" refers to buildings or portions of buildings constructed and reserved primarily for private 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, private clubs and lodges shall be construed as being separate and distinct from fraternities and sororities. Private 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 private clubs and lodges. For regulatory purposes, this zoning ordinance distinguishes between private clubs, not for profit, and private clubs for profit. Professional services. Services rendered by a vocation or occupation requiring special, usually advanced, education and skill; implies professed attainments in special knowledge as distinguished from mere skill. Public incinerators. See Solid waste. Public schools. See schools. Public utilities. See Utilities. Quarry. A place where rock, ore, stone, gravel, or similar materials are excavated for sale or for off -site use. Qnichoopy services. An establishment which provides blueprinting or duplicating services, limited to electrostatic or similar type reproduction copying known as "quick copy," specifically disallowing offset lithography and letterpress printing. Pow track. An area designed and used for competition of speed and running of horses or dogs. Phlar installation. See Utility. IWIroad station. See Transit station. Pear yard. See also section 2006.5. Rear yards shall be construed as extending across the full width of the lot at its rear. !%creation facility. A place designed and equipped for the conduct of sports, leisure activities and other customary and usual diversions. Pecreation space. Any space or area solely dedicated and designed and used for the enjoyment of leisure time. Pecrvatioal equipment, ngjor. Vehicles designed to accommodate recreational and — transportation activities including travel trailers, pick up campers, converted trucks or buses, motorized homes, tent campers, tents or other short term housing or shelter arrangements and devices, boats and boat trailers, combinations thereof, and other similar equipment, and trailers, cases and boxes for transporting recreational equipment, whether occupied by such equipment or not. / 7 r` DRAFT Ala' lot. See Lot, regular. lbdering and refining. See Manufacture. lihatal of foetal attire and hospital equip mt. See Personal service and Retail. ftor gto Me. Building used for the service, maintenance, major repairs, paint or body work available to the public. Ibw ee »assign. A rescue mission is a facility which provides overnight, dormitory -style shelter (with or without food service provisions) to those persons lacking residences, possessions or resources. lbsidenoe hotel. See Apartment hotel. itsidmtial. Of or pertaining to use for non-commercial or domiciliary purposes. Asidential floor area. The sum of the horizontal areas of the floors of a building measured from the exterior faces of the walls, including exterior halls, lobbies, stairways, elevator shafts, and other areas used for residential purposes. &staurant. An establishment where food and drink is prepared, served and consumed on the premises. See also Drive-in use. Jkstawmt, drive-in. See Drive-in use and Restaurant. Mail sales. Establishment providing for the exchanges of goods for money or other consideration. &ordrg and lodging lkwess. See Boarding house and Tourist home. Fouersed fi atcge lot. See Lot. lboni►g house; lodging house. See Tourist home. &arm, habitable. See habitable rooms. Sail nz*ing. The making of nautical sails. Sales. See Retail. Saloons. See Bar and Restaurant. Saftvge. See Junkyard and Marine salvaging. 5':md anal 1 See Quarr Schools. Any building or part thereof which is designed, constructed or used for educational or instructional purposes. Sdiools, business or professional. Private educational facilities primarily teaching skills which apply to employment opportunities or careers advancement or personal achievement. &pools, elerrwttary. Schools licensed by the state which meet the state requirements for education. Sdrools, hirderWten. 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 ►;hich meets the requirements state requirements for kindergarten, elementary, secondary or high school education and which use does not secure the major part of its funding from any governmental agency. Schools, seaondary. A school licensed by the State and which is authorized_ to award diplomas for secondary education. Y g Y o9 Schools, LKoational. A secondary or higher educational facility, recognized and licensed by ® 14 the State, primarily teaching usable skills that prepare students for jobs in a trade.. F 5 - D RAF T 7/25/89 Sadng snaps. See Manufacturing. Ship dhandlers. See Dredge and fi11. Ship yards. An area, building, or structure where ships and vessels are built. Shoe repair. See Personal service. 9#ops for rrarine uoodaor*ing. Establishment associated with the manufacture of boats, ships, and other similar vessels. Shuffle hoard courts. See Recreation facilities. Side yard. See yards. Sign. A sign is any name, identification, description, displ?v, 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, anh7uted. A sign which moves or has externally moving (or apparently moving) parts or i messages. For special purposes of these regulations, time and temperature signs shall not be _ construed to be animated signs but are regulated separately. l! �4 Sign, anirmted, revolving or uhirling. A revolving or whirling sign is an animated sign, `1 which revolves or turns, or has external sign elements which revolve or turn, at a speed greater i than six (6), revolutions per minute. Such sign may be power driven or propelled by the force of --5 wind or air. ' Sign, b=wr. 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, cawW, mrquee, or auning. 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, crostructiat. 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, dewleprnnt. Onsite signs announcing features of proposed developments, or developments either completed or in process of completion. Sign, flashing. A sign which includes a flashing, changing, revolving, or flickering light source or a change of light intensity, whether internally or indirectly illuirinated. For the special purposes of these regulations, time and temperature signs shall not be construed to be flashing signs, but are regulated separately. (See South Florida Building Code section 4209.3, for limitations on wording or illumination of flashing signs.) Sign, frontage, as related to regulation. Notwithstanding definitions in this zoning ordinance referring to lot frontage, for the purpose of regulating ht, number of signs, the term "fronting on a street," "street frontage," or "frontage" shall be ronstrued as adjacent to a street, whether at the front, rear, or ide of a lot. Sign, grand (or freestanding). A sign other than a sign primarily supported by or affixed to the roof or wall of a building. A sign shall be construed to be a ground sign even though braced against a building if its principal support is not the building. Ground signs shall be constructed as including signs mounted on poles or posts in the ground, signs on fences, signs on wall* other than the walls of buildings, signs on sign vehicles, portable signs for placement on D R A F T 7/25/89 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, havlging. A projecting sign which forms a part of, or is painted on, or attached to a canopy, marquee, or awning. Sign, illuninated. 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 or by backlighting from a source not within it. Sources of illumination for such signs may be in the form of gooseneck lamps, spotlights, or luminous tubing. Reflectorized signs depending on automobile headlights for an image in periods of darkness shall be construed to be indirectly illuminated signs. Sign, internally (or directly) illuninated. A sign containing its own source of artificial light internally, and dependent primarily upon such source for visibility during periods of darkness. Sign, notice, directional, and uarning. 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. Sign, onsite. 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 aduertising. A sign which provides outdoor displays or displays space on a lease or rectal basis for general advertising and not primarily or necessarily for advertising related to the premises on which erected. Outdoor advertising signs shall be construed as including any billboards, poster panels, or other displays or display spaces or surfaces used in the conduct of the outdoor advertising business. Sign, pennant or streamer. Pennant or streamer signs or signs made up of strings of pennants, or composed of ribbons or streamers, and suspended over open premises and/or attached buildings. Sign, projecting. A sign affixed in any manner to any exterior wall of a building or other structure, and with any portion projecting more than twelve (12) inches horizontally therefrom, or hanging sign. Sign, real estate. Signs used solely for the purpose of offering the property on which they are displayed for sale, rent, lease, or inspection or indicating, for not to exceed twenty (20) days, 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. 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. Real estate signs maintained on a property for more than twenty (20) days indicating that the property on which they are displayed has been sold, rented, or leased, or containing matter other than as indicated above, are prohibited in all districts. 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, One cod 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. D R A F T 7/25/89 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, uall or flat. A sign painted or affixed in any manner and approximately parallel to any exterior wall of a building, with no portion more than twelve (12) inches from the building wall. Sign, urfnkew 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 balloon or similar device attached to the ground or anything thereon, 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, rutnber 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. (See also diagram on number and area of signs.) 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. Aacting rink. See Recreation facilities. Slip. See mooring. Solid uaste facility. Establishment for the disposition of unwanted or discarded material including garbage with insufficient liquid content to be free flowing. Sbrority. See "Fraternity; sorority; student center." .awe, cpen. 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. ay-9y6,o D R A F T 7/25/89 *vial exception. 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. Special pemut. See section 2300. *eeial pemut, Class A I. See section 2301-1 and article 24. — *cial pemut, Class i3 II. See section 2301:f and article 24 5. i Spwial pemut, major use. See section 2801, section 2301.5, and article 28. _ *wified anatoru cal 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. �*ecified sexual actiuities. Those activities which, when described, displayed, exhibited, simulated, or depicted by whatsoever medium in an adult entertainment service establishment: (1) show the human genitals in a state of sexual stimulation, or being aroused to a state of sexual 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. E 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. Substandard lot. A lot other than a conforming or nonconforri:rg lot, as defined by this ordinance, privately created after passage or amendment of this ordinance and not in accord with its requirements as to dimensions and/or access. Substantial change. See Section 3515.1. Substantial rrWification (of existing offstreet parking facilities containing ten or nDre spaces)2. Changes in number, location, dimensions, or arrangement of spaces or aisles, entrances or exits, or character, type, or amount of landscaping. Synbolic, auzrd flags, house flags or banners. Flags or banners identifying institutions or establishments symbolically or indicating special awards, but bearing no advertising matter other than the symbol of the institution or establishment. 7hrutgh lot. See Lot, through. 7burist hare, guest hare. A dwelling unit or facility which provides temporary accommodations for less than one (1) week to three (3) or more overnight guests for a fee; meals may be served to these guests. ?t drW service. Establishment which provides for the removal and temporary storage of vehicles but does not include disposal, permanent disasr.en6ly, salvage or storage of inoperable vehicles. 7)vwit stations. A building, structure or area designed and used for persons changing transportation modes. 7)wxl trailer and similar temporary d4ellings 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: D R A F T 7/25/89 (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, converted trucks, converted buses, converted automobiles, tent or popout campers, tents, or other short term housing or shelter arrangements and devices shall be considered to be included in the term "travel trailer." Watercraft used for housing purposes shall not be included in the term "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. ! Use. The purpose or activity for which land or buildings are designed, arranged, or f' intended, or for which land or buildings are occupied or maintained. I` r. 4briance. The 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 and 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, cawrr-cial. 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, primate pleasure craft. Private pleasure craft vessels (or private pleasure craft, as the term is abbreviated in these regulations in most instances) are vessels which are privately owned or leased primarily for recreational purposes. Private pleasure craft do not include commercial, official, or scientific vessels. For regulatory purposes private pleasure craft are divided into two (2) classes: (a) Minor: Under sixteen (16) feet in length. (b) Major: Sixteen (16) feet and over in length. Private pleasure craft may or may not contain facilities qualifying them as dwelling or lodging units. Where they do contain such facilities, use within the city limits shall be governed as provided in this zoning ordinance, and other applicable regulations. Visibility, nuterial #rpedurrnt 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. Mbrelh=e. Terminal facilities for the handling of freight or storage of goods and materials. 4tses. Building containing separate storage spaces of varying sizes, leased or rented as individual leases. Vb ehouse mini. A mini warehouse is a building or a group of buildings within a controlled access fenced or walled area, designed to contain space in individual compartments (not to exceed eight hundred (800) square feet) available to the general public for rent or lease for storage of goods or wares. Wharf. An area where vessel may tie up or land to transport pasvengers or cargo. Wholesale establishmts. See Warehouse and Retail. Yarn. An open space that lies between the principal buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this ordinance. 6op 1 7 1 D R A F T 89 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. Yard, front. Front yards on interior lots shall be construed as extending between side lot lines across the frontage of the lot. Front yards on corner lots shall be construed as extending across the frontage of the lot from the interior side lot line to the opposite street line. Yards, 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 yard on throWh lots ud th rrnre than one front yard. 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). 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 adjacent to streets; width to be three- foeerths of front yard depth requite =t. For other yards adjacent to streets and where portions Cof the street other than in frontage, the requirements, methods of measurement, and limitations (other than dimensional) shall be as for front yards. See also Front yards. 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 -,uch 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. OW Yand, uaterfrant. Yards width adjacent to the yard. considered waterfront lots. D R A F T adjacent to waterways twenty-five (25) feet or more in average Lots having one (1) or more such waterfront yards shall be Sec. 2003. 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. 2003.1. Roles concerning embinations of uses in buildings or ai presses; amdatiue reqcirerents or l ft tations. 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: 2003.1.1. Different building areas applying to uses oambined in building(s) or an prvnises. Where there is a difference between building 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 let area requirements for each use, with the floor area for each use calculated for the proportionate share of the lot. The sum of the proportional areas of the lot shall not exceed the gross area of the lot. 2003.1.2. Vvyirg yard and qxn space r+egtdi er is applying to residential and _ nonresidential uses owbired in buildirg. Where there are variations between requirements for yards, open space, and building spacing 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 dwellinc or lodging units does not exceed ten (10) percent of the total floor area of the building, residential yard, and open space requirements shall not apply with respect to such dwelling or lodging units. 20003.1.3. U yirg sign limitations uhere buildings oontain canbinations of uses. Where buildings contain combinations of u,e!, with varying sign 1;.nitations, the number and area of such signs shall be as limited for each use separately, provided that where the number and/or area of signs is dependent on the amount of lot line adjacent to a street, area of building walls or similar limitations, allotments shall be proportionately divided according to the amount of floor area in each use, or the area of building walls in each use, as may be appropriate to the circumstances. In such cases, no sign relating to a nonresidential principal use shall be erected in or over parking area intended for residential use, or against or upon any portion of a primary or secondary wall enclosing residential occupancy. Thus if lower portions of a building contain commercial or office uses and upper portions contain residential uses, wall signs relating to such commercial or office uses may be displayed only on the walls enclosing such commercial or office uses, and not on the walls enclosing the residential uses. MO. 1.4. Q:lculation of carhined reWdrenwts or limitations; raodirg in totals only. Where cumulative requirements or limitations are to be comolaed for a series of elements (as for example the number of off-street parking or loading spaces required for a combination of useb in the same building), fractions shall be carried forward in the summation, and the total rounded to the highest whole number. $ec...2004. 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 g —9L/6 :''yy D R A F T 7/25/89 those listed as permitted principal or accessory uses, or uses permissible by special permit, the director of the department of planning , 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 i 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 in the manner set out above, appeal i from such determination may be made to the zoning board on grounds of error. I' —� 2M4.1. Mtifiomtions oonom7tirAg detemdnations. M I t. Upon making his determination, the director of the department of planning shall notify _ r 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. 2004.2. Effect of findings by director of departne nt of planning. If in making the determination the director of the department of planning 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 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 shall be binding on all officers and agencies of the city as an interim administrative ruling. Sec. 2005. General requirements concerning arrangement and location of structures and landscaping; access. In addition to minimum yard and building spacing 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: 2005.1. Prohibition of use of residentially zoned private property for access to uses not pemnitted in residential districts; exceptions. No private land which is residentially zoned shall be used for vehicular or pedestrian access to land or structures in other districts used for any purpose not permitted in the residential district, except as provided below or otherwise authorized by this zoning ordinance or other lawful regulations: 2005.1.1. *ecial access for emergency and public service vehicles m-ty be authorized by Class II special peindt. 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. 2005.1.2. Access for pedestrians and cyclists m y be authorized by Class I special 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. D RAF T 7125/89 Set. 2006. Arcessory uses and structures. The following regulations and requirements apply to accessory uses and structurest 2006.1. Lkell itg or loagirg ocapancy prohibited toeless specifically perm t ted in district. Except where specifically permitted by district regulations, use of accessory buildings as dwellings or lodgings is prohibited. 2006.2. Accessory buildings to be constructed c ►ecaerreit tvith or after construction of principal building. Accessory buildings shall be constructed at the same time as, or following, construction of principal buildings. 2006.4. Accessory buildings end other structures; lbrdtations 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 adjacent to a street. 2006.5. tyre occwatims. Where home occupations are permitted or permissible, the following limitations and requirements apply: �r- (a) The home occupation shall be conducted by not more than two (2) persons, one (1) of whom must 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. s (d) There shall be no change in the outside appParance of the building or premises as a result of the conduct of such home occupation, or ;ny 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 delivered upon the premises, (h) Home occupations shall be limited to the following: Architect, artist, brokers, consultant, custom dressmaker, draftsman, engineer, interior decorator, lawyer, manufacturer's agent, notary public, teacher (excluding band instrument, and group instruction), and other similar occupations. 4i)A home occupation shall be subject to all applicable city occupational license and other business taxes. / 7 6 D R A F T 7175I$0 2b06.6. Ott active recreation facilities as accessory use -a in nesidwial districts; special pens ts. Permanent outdoor swimming pools, permanent whirlpools (and similar facilities), permanent tennis courts, and 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 (required or other) adjacent to streets and/or where the total area of such facilities is 20 percent or more of the gross area of the lot, a Class I Special Permit is required. (b) For 0 and more liberal districts in yards or courts (required or otherwise) 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 approval is required. In connection with the special permit, such conditions and safeguards shall be attached _{ concerning screening, fencing, lighting, hours of operation, control of noise and concentrations of persons or vehicles, and such other matters as are reasonably necessary to protect the tranquility of the neighborhood. 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. 2006.7. Cbru enienee establishm=ts as accessory to residential or office uses. It is the intent of this section that convenience establishment.s, accessory to residential or office uses, are primarily intended for the use of occupants of the principal use and their guests. In H, R-4 and 0 districts, convenience establishments shall be permitted as accessory to residential or office uses subject to the following requirements and limitations: 2006.7.1. Mnh7 m nun5er of duelling or lodging units; ndnimm 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). 21006.7.1.1. Onmrsion table for ndxel use buildings. Where buildings contain mixtures of such uses, and do not meet minimum requirements for any of the individual elements limited above, accessory convenience establishments shall be permitted if the total combined uses are equivalent to one hundred (100) points, computed as follows: Use Points 1 dwelling unit 1 .5 lodging units 1 200 square feet of (cross floor area in office use 1 2006.7.2. Abcb= floor area peardttel in accessory conueaieeee establiskmt. 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 article 36 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. 2006.7.3. Accessory caxmience establishrents, uses pennitted. 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 shall be permitted only if lodging units make up eighty (80) percent or more of the required minimum points (as computed at 200.7.1.1), and restaurants shall be permitted without special permit under the same circumstances. Accessory convenience Hotels, etc. Residential Offices with with 50 or uses with 20,000 sq. ft more lodging 100 or more or more gross units dwelling units floor area _ t /��� bar ` � �. � y ..., Ci ,— i barbershop X X X 4 beauty khop X` X Laundly or dry — cleaning agency X X X — Newsstand X X X — Physician's or dentist's office X X P r Quick copy service - _ 0, p Restaurant X C C Sundry shop (including gifts, food items, household staple) X X X Travel agency S - P E - X: Permitted - - - Not permitted = C:. Class -C II permit required _ S: Special exception required P: Permitted by right, not subject to accessory use floor area limitations *Offices with 60,000 square feet or more gross floor area required. 2006.7.4. .Wlicatims for and limitations an size of restawmets as accessory o wenie ce establishmmts. 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 j' of this type would not be in the best interests of the owners, renters or lessees t 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 'w 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 aria not complying with the terms of this subsection are deemed nonconforming uses. Provided, however, any existing accessory restaurant which desires an increase in the 'luwber 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 f seating. ;< Where restaurants are accessory to office uses, total area shall not exceed an ¢F ,•< aiaount equal to one (1) square foot for each twenty (20) square feet of gross floor - k '. area in office use, not to exceed three thousand (3,000) square feet. ; `?JOg8.7 8. Lhd tatians an access to accessory con mlercce establ isinwets. All access j f«a to' any -such accessory convenience establishments, except for necessary servicerj �r tM, entrances and fire exits, shall be from a lobby, or other interior portion of the — building. 7.6. Lirrrritatiana an signs; display. No signs or displays relating 'to such {; rrrrrrrr� :„ s accessory convenience establishments shall be visible outside the buil4ing. y } i .? rz�•}r%nn.. D R A F T 7/25/89 2006.7.71hig tations on location of offstreet parkirg for restaurants. Offstreet parking for restaurants shall be segregated from owner parking and reserved for restaurant patrons. Offstreet parking required for residential uses shall be reserved for such uses and shall not by used for restaurant parking, except for occupants of the principal uses. 2006.7.8. Wstreet 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. 2006.7.9. Location, orientation, design, landscupirg. All restaurant facilities shall be so located, oriented, and designed as to minimize friction between restaurant activities and those principal or accessory residential activities requiring particular privacy or security. As appropriate to this purpose, landscaping, fencing, or other separation, buffering, and/or safeguards shall be provided. 2006.7.10 Variances prohibited. No variances from the provisions of this subsection 2006.7 are permitted. 2006.8. Self service sales of rrntor fuels as accessory use at conuenience establishnent prohibited. The sale of motor fuels as an accessory use at cor:-enience establishments is prohibited. 2006.9. 7brporary special events; special pemu ts. Where a temporary carnival, festival, fair or similar type event is permissible on _ privately owned or city -owned land by a Class I special permit, the following conditions and limitations apply: (a) Temporary events which include mechanical rides are generally 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, on private property per year; no more than ten (10) temporary events shall be permitted, per site, on public property per year, unless approved by the city commission. (d) Adjacent property owners 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 to approved by other city departments, prior to the application 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. 2006.10 CbrrWe sales/yard sales; special pemdts. 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 RAF T 7125l89 (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 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 building and zoning department, will be required at the fee specified in the City of Miami Code section 62- 61(3). LOT, YARDS, AND RELATED TERMS; DEFINITIONS; METHODS FOR MEASUREMENT; GENERAL REQUIREMENTS AND LIMITATIONS Sec. 2007. General terms defined; related limitations. — 2007.1. Lot, prohibition Mainst divisions creating substa Aud 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 2002, is prohibited and shall be construed as violation of this zoning ordinance. _ 2007.4. Lot, substm4drd, pruhibited. ter. 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. 2007.8. (hurt, general 1 nru tations on oat 4xncy. Courts need not be based at or near grade level, depending on their function in buildings, but limitations on occupancy from the surface of the required court upward shall be as provided for yards, above. 2007.9. &ildable area, limitations on occtVavuy. 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. 2007.11. Limitations an lots not platted in accord nce a4th 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 forr: required by regulations in effect at the effective date of this zoning ordinance, such lands mey 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. (c) Special exception provision to building permit. Seca%200*, Lot measurement. 200.1. lot width. The width of a regular lot shall be measured across the rear of the requireu front yard or at ,the base building tine, whichever establishes the frnnt of the buildable area on the tot; / 7 5� ,A D R A F T 7/25/89 provided, however that width between side lot lines where they intersect with the street line shall not be less than eighty (80) percent of the required minimum lot width except in the case of lots on the turning circles of cul-de-sacs or at similar points of street curvature where the radius of the right-of-way line (or a circle approximately following the right-of-way line and intersecting the foremost points of the side lot lines) is less than ninety (90) feet, in which case the eighty (80) percent requirement shall not apply. 2X6.3. anWies and awnings. Canopies and awnings as defined in the South Florida Building Code at sections 4302 and 4402, shall be limited in their location, minimum horizontal and vertical clearances, and use as provided in sections 4304 and 4404 of said code. In addition, the following limitations and requirements shall apply: 2008.3.1. 1lbunble awnings for shade or shelter of doors and udndouas. 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. 2008.3.2. Canopies or awnings 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, a -id 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: 2008.3.2.1 .Generally pemritted in other districts. In districts other than one - family or two-family residential, and in connection with permitted or permissible 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 2008.3.2. 2009.3.3. ariopies 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 street 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 extended; and (e) Such canopy shall remain unenclosed on at least three (3) sides. 2008.4. Crir shelters limitations and requiremnts. 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. D R A F T 7125/89 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 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 lehg,h 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. 2008.5. 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 200 for visibility triangle requirements.) MA Fbices, ualls, and hedges. The use of broken glass, projecting nails or spikes, or similar materials on walls is prohibited in all zoning districts. 2008.6.1. 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 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. 2008.6.2. F>naes, ualls and hedges other than in residential districts. Barbed wire fences, or use of barbed wire along the top of a fence or wall, shall be permissible in districts other than residential 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. 2008.7. Mhterfront yards. For limitations on uses in waterfront yards, see section 20. (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 2024, all development in waterfront yards shall be permissible only by Class II special permit subject to the following requirements and limitations: (a) All underground structures shall be set back from the waterfront a minimum of ten (10) feet. (b) Offstreet parking or storage areas (except in the C-2 and I districts) shall not be permitted. When offstreet parking or storage areas are adjacent to waterfront yards, they shall be screened from view from the waterfront with walls or hedges. 20106,8. Lanitaticns of dritways and offstreet parking, and landscaping requir"ents, in required yards adjacent to streets. In R•1 and R2 districts, offstreet parking is prohibited within required yards. 2008.8.1. In other districts. Offstreet parking for uses in residential districts, excluding R-1 and R-2 districts and in non-residential districts, shall be W D R A F T 7/25/89 — permitted in required yards adjacent to streets only to the extent allowable under the following limitations: — (a) Within such yards in multifamily districts, parking shall be permitted only — I s in portions at least seven and one-half Q 1/2) feet from street lot lines where parking is perpendicular to the lot ling. and five (5) feet where parking or a driveway is parallel to the street 'ot line. 2 (b) Portions of such yards not devoted to offstreet parking shalt be maintained — in landscaping (subject to requirements concerning maintenance of visibility — at intersections) or pedestrian ways, except for 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 i 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 20) 2008.9. Vision clearance at intersections. 2006.9.1. Intent; 'huterial &rpedinmt 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 a; 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 ►c.uld conceal an approaching automotive vehicle or cyclist from such a child. In ueterminations 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. 2008.9.2. In districts in which 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: 2008.9.2.1. 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. 2W6.9.2.2. At intersections of drivaurys with streets. At intersections of driveways with streets, such visiL,;.;ty 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 drivew-2-1, 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. 2008.9.3. In districts in uhich )coals 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. 2008.10. Sus passenger shelters; bus benches; telephone booths; nuil and naurpayoer 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 200 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 (1011 feet of any property line (other than along a street) intersecting the street line. D R A F T 7/25/89 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 proHIC ted 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. 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. 2008.11. 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 11 special permit. 20M.12. Uwwloseal sLft ing pools, tennis courts ad other active recr+aztional facilities. The edges of unenclosed swimming pools, whirlpools (and the like), tennis courts, and other active recreational facilities accessory to residential uses shall be placed no closer than five (5) feet to property lot lines. Sec. 2009. Reserved. Sec. 2014. Transfer of development rights. 2014.1. Intent. a It is intended to permit joint action by city and property owners to allow greater feasibility .in the use and pattern of development of land to the extent that this can be done without adverse effects on public regulatory purposes. in addition, the following restrictions shall apply: a. Development rights shall be transferred only to lots with higher intensity of use and limited to seventy-five (75) percent of the FAR of the lot(s) transferring rights. b. Building bulk on any lot or tract shall not be increased by more than twenty-five (25) percent of the above applicable maximum within the district. c. Such development shall not offer the effect of regulations applicable in the district as a whole, and the relationship to the adjoining lots shall be the same as those regulations applied on a lot by lot basis. d. Such type of development shall not be issued any variances. e. A transfer of development shall be authorized only by a major use special permit only in the following uses. 2014.1.1. Contiguous lots, under saw amership, in different zoning districts. In addition to general procedures and requirements for major use special permit, the following requirements and limitations shall apply: a. Adjoining lots shall be under same ownership. b. Applicant or applicants shall agree to bind themselves and their successors in title, individually or/and collectively, to maintain the pattern of development proposed in conformity with applicable zoning regulations. c. No such agreement shall be accepted without approval of the Law Department. 2014.1.2. antiguaua Property, different ownership, different district. U. R A F T 7/25/89 Application for permit will involved the following requirements: (a) Adjoining property owners shall present a joint application for the transfer of buildable rights; and shall agree to bind themselves and their successors to maintain the pattern of development proposed in conformity with applicable toning regulations. (b) Application shall conform with all legal requirements. 1. (c) No such agreement shall be accepted without approval of the law Department. 2014.2 7hansfer of deuelcpna t rights to non-contiguous property; rrajor use special po"lit. Transfer of development rights between non-contiguous lots shalt only be allowed upon written findings by the City Commission that such action is necessary to accomplish substantial public purposes, such as heritage conservation (as in the case of threatened demolition of a historic _ structure), in connection with SPI districts established under the terms of article 15, or environmental preservation, or to provide public parks or other public open spaces. a In addition the following restriction shall apply: Transfer of development rights shall only be allowed within boundaries of tht, zoning district —'' within which the lots are located, or within a one thousand (1,000) foot radius �Of lot(s). 2014.2.1 111xn-contiguous property, wader sorry aunership, in sore zoning district. Application for permit will involved the following requirements: (a) Applicant or applicants shall agree to bind themselves and their successors in title, individually or/and collectively, to maintain the pattern of development proposed in conformity with applicable zoning regulations. (b) Transfer shall be only within boundaries of the zoning district within which the } properties are located. (c) Application shall conform with all legal requirements. (d) No such agreement shall be accepted without approval of the law department. 2014.2.2JU-contiguous property, under sore aunership, in different zoning district. Application for Permit. As required for Sec. 300.2 except that transfer of development right shall be only within one thousand (1,000) foot radius of the property involved. 2014.2.3. Abrn-o ntiguous property, under different atnership, in saw zoning district. Application for Permit. As required for Sec. 2014.1.2. 2014.2.4. Nw-contiguous, wider different aunership, in different zratng district. Application for Permit. As per 2014.1.2, except that transfer of development rights shall be permissible only within one thousand (1,000) feet radius of property. Sec. 2015. Height regulation, generally. 2015.1. Bxlu*d 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 c such walls shall not extend more than five (5) feet above the roof. DRAFT 2015.2. Aviation hazwds. k No building or other structure (regardless of exclusions set forth at section 2015.1. 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 �2 any area within the city, in addition to height limitations established by nis ordinance, ' limitations established by the Miami International AirN:,rt Zoning, Metropolitan Dade County, Florida, or by any ordinance amending or replacing such ordinance shall apply to heights of s buildings, structures, or natural vegeV�zion. r 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. ! ` 2016.3. Broadcasting taxers and other antennas. a Broadcasting towers and other antenna support structures shall not exceed one hundred fifty (150) feet in height above grade except in central business district classifications and in those districts where they are specifically permitted or permissible by special permit at greater 4t heights. Sec. 2016. Reserved. Sec. 2017. Offstreet parking requirements, general provisions. The following general requirements, limitations, and standards shall apply to offstreet parking: 2017.1. Qnehnl perforrrunce standards for and intent concerning offstreet parking facilities. Offstreet parking facilities shall be provided to satisfy the minimum offstreet parking requirements of this ordinance and City of Miami Parking Guides and Standards. After meeting the . aforementioned minimum offstreet parking requirements, parking facilities shall be so located, designed, improved, constructed, and maintained as to provide safe and convenient access to and from public.streets and alleys 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: 2017.1.1. Risking nuneuvers on public streets or sidehalks prohibited; backing into alley by Class a 11 special pemdt; exertions. Offstreet parkir..g 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. Backing into an alley from offstreet parking spaces in multifamily and non- residential districts shall be permissible only by Class II special permit subject to the requirements of section 2017.3. Backing into a street is allnwed in R-1 and R-2 districts. 2017.1.2. Valet parking, generally. Offstreet parking facilities maintained with valet parking only, may be approved by Class I special permit provided that the minimum offstreet parking requirements and total car ratios of this ordinance and City of Miami Guides and Standards are satisfied; valet parking facilities represent parking in excess of the aforementioned minimum offstreet parking requirements provided also that an attendant shall remain on duty during business hours or as long as the principal building is occupied. 2017.2. llk!served. 2017.3. AWlioatio►n of City of Mated addes and Standdrds to location, h7pnovenent, cad 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 City of Miami Guides and Standards. 60 ... / 7 i 0 D R A F T 7/25/89 2017.4. Qass I special pemrits required for substantial madi fication of e,-.,sting facilities including ten or rrnr,e spaces. Where it is proposed to make substantial modification of existing facilities including ten (10) or more spaces, required or otherwise, a Class 19 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 )f spaces or aisles, entrances or exits, or character, type, or amount of landscaping.) 2017.5. Ftv*irg requiremts for housing for the elderly, fry Class F, II permit; l kni tatians. Offstreet parking space requirements in connection with housing for the elderly conforming to the requirements of state and/or federal programs for housing for the elderly may be allowed by special exception only in an amount not to be less than one- half (.5) parking spaces per dwelling unit. The remaining one -quarter (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) Such housing will be used by families with the head of the household sixty-two (62) years of age or older (provided that not more than five (5) percent of the number of persons housed may be employees on the premises without regard to age). (b) Such offstreet parking shall be permitted upon a finding that ir. 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. 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. 2017.6. Paduetiot in parking requiraments for housing for I= inane fani I ies and 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 three-quarters (3/4) of the spaces generally required. The remaining one - quarter (1/4) 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 ofrstreet 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 burder, 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 quarter (1/4) 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) This reduction of generally applicable offstreet parking requirements shall cease if the principal building use is changed from housing for low income families and individuals. 2017.7. Peductioe in parking requiremnts for canbinatioYs of residential and office uses an the sane prenises. 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 special exception. OW D R A F T 7/25/89 MI 2017.8. lkfcrnal of portions of total required parhirg b7protw mts, by epecial a r W tic" for initial period, oantrol of extensions. 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 parking, upon findings that such portions are not reasonably likely io be required because of the type of occupancy of the premises, the char,icter 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 or, the premises, or increase on street parking demands in the vicinity. 2017.8.1. lkfernal period, revocation of pemAt; notice of revooation. 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 2017.8.2., below. All such permits shall be revocable, in whole or in part, and the conditions and safeguards attached thereto may be changed by the zoning board, after consultation with the permit holder or his duly authorized agent, upon findings based upon evidence that continued deferral of required improvements for all or part of the _ spaces involved is no longer justified, or that changes in conditions and safeguards are required. Such permits shall contain notice of these provisions concerning revocation or changes in conditions or safeguards. Prior to any consideration of revocation, the zoning board shall give notice to the permit holder, but in the event of his failure to appear in person or by agent at the meeting at which the matter is acted upon, the board may proceed in the matter. Revocation of any such permit in whole or in part, Or changes in conditions and safeguards, shall be made effective within less than thirty (30) days after the determination of the board, but the board may establish a longer period where it finds there is adequate justification. 2017.8.2. Extensions of deferral periods; alternate rmthods. 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. 2017.8.2.1. 4 pl ications for reraml of penni ts; 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. 2017.8.2.2. Actions by planning depar#nmt. The director of the department of planning shall investigate the current situation, and based upon findings and developments foreseen as probable proceed to recommend on toe application. 2017.8.2.3. Actions by zoning board uhere required. Where actions by the zoning board under special exception permit procedures are required under the terms of the original permit on further deferrals, it shall consider the recommendations of the director of the department of planning and any further information material to the case, and take such action on further deferral as it deems justified. Actions to be taken ana :ime 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. 2017.8.3. Minterumm and use of areas an uhich parking inprovenents 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 pedestrian open space unless improved as required for offstreet parking. No such area shall be included as meeting part of any requirements concerning amount of pedestrian open space to be provided on the lot, since deferral of improvements is not intended as a waiver of offstreet parking requirements. 2017.9. Joint parking faci 1 i ties for contiguous uses, Class a II special pema t required. Where uses on adjoining lots propose to combine parking facilities, including accessways, such joint offstreet parking facilities shall require a Hass special exception permit. Except D R A F T 7/25/89 where number of spaces has been reduced, or improvement requirements deferred under the terms of sections 2017.5 through 2017.8, 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 c 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 Class -£ special exception permit. 2017.10. required offstreet parking; restrictions on lease or rental, exception. Required offstreet parking shall not be leased or rented to residert_•, officials, or employees for whom such parking is required, to visitors to the premises, or to other persons; provided, offstreet parking space may be sold to the buyer of a condominium unit as a part of the _ purchase price of the specific unit. 2017.11. Calculation of parhing requiremmts related to number 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. 2017.12. Lbra tations of use of offstreet parking and loading areas; restrictions an storage of vehicles not in operating coWition. 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 a!Z permitted under regulations applying to the permitted principal use within the district. 2017.13. Peduction of required offstreet parking or offstreet loading spoz;e prohibited. No offstreet parking or offstreet loading space now existing or hereafter provided which meets all or part of the requirements of this zoning ordnance 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 wteting such requirements is provided. Sec. 2018. 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 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 permissive or the same as where the proposed use 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. 2018.1. M&kmdistance lkdtations. 04 D RAF T 7145/89 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 offsite parking to a 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. 2018.2. &served. 2018.3. Offsite parking uhene govermxntal action elb?dnrates prior or provides neon offstreet parking; special exception pennit required udth City 07wission 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. 2018.4. Offsite parking on noncontiguous lots. 2018.5. Provisions for continuance or replacwmt of required offsite parking. 2018.5.1. Cbntinucmce required; recorded ogreerrant. 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. 2018.5.2. Replacenent of required offstreet parking; anmded cgrewmt. Where required offstreet parking has beet; 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 II special permit. In such cases, any agreements which have been recorded as provided in section 2018.5.1, 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. 2019. limitations on parking garages as principal use. The floor area of the building 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. 2020. Parking and/or storage of certain vehicles prohibited or limited in specified districts; limitations on occupancy. D R A F T 71�V89 2020.1. Alibi le hones parking, stonnge and oec Wxicy; 1 #W tat ions and evaWt ions. 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 when authorized by Class i3 I special permit as temporary offices or for other purposes; (e) Parking of mobile homes when authorized for security or other purposes in connection with land development or construction. 2020.1.1. Lbni tat i ons on location of m>bi l e hares not in a condition for oc=gxancy. 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. 2020.2. Mtjor recreational equipent; parking storage and ^xtpancy; lamtations and excepticns. 2020.2.1. Flaserued. 2020.2.2. Parking or storage of major recreational equipntmt as aooessory 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 rich 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. 2W.2.3. Lind tatim an oeapmcy of nujor recreational equiprnant. 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: D R A F T 7/25/85 (a) Use of boats at boat docks, (b) Use of major recreational equipment, (c) Occupancy of major recreational equipment when authorized by governmental agencies for use for educational, health, security, communication, emergency housing, or similar purposes, or (d) Use or occupancy authorized for tempo-ary office or for security purposes in connection with land development, construction, or other purposes. 2WO.3. larking or store 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 as an accessory use in any residential district, or in any parking facilities authorized in any residential district. 2020.4. larking or storage of oonstruction equipment 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. 2021. Reserved. Sec. 2022. Offstreet loading requirements, general provisions. The following general requirements, limitations, ;.od standards shall apply to offstreet loading: 2022.1. General perfommee standards for and 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 2022.4(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. 2022.2. Aplicatioi of City of Mani Glades and Stardoms to location, design, irrpr►oienent, and landsagping of offstreet loading facilities. Location, design, construction, surfacing, drainage, lighting, landscaping, screening, and maintenance of offstreet loading facilities for tacks and trailers, and access thereto, whether or not such offstreet loading facilities are required by these regulations, shall be in accordance with City of Miami Guides and Standards, as set out herein. 2=.3. Limitations on use of required offstreet loading ,;,alls. Required offstreet loading stalls shall be reserved for sur� 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 2017.12, "Limitation on use of -offstreet parking and loading areas, restrictions on storage of vehicles not in operating condition.) 2M2.4. *ecial pemmdts required for proposed offstreet loading facilities or for substantial nudification of existing facilities. A Class I 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 � J� 17 4/ �o Lai D R A F T 7/25/89 construed for purposes of this regulation as including changes in number, location, dimensions, clearance, or arrangement of loading spaces, access routes or maneuvering areas, entrances or exits, or in character, type, or amount of landscaping.) (b) Where existing offstreet loading facilities for trucks cr 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, the toning 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. 2022.5. Paduction in offstreet truck and trailer loading requirmunts uhere nail, marine, or air freight services are directly available; by special exception. Where rail, marine, or air freight services are directly available at the site of a use, or are so located that trucking on public streets is not required in moving materials to or from the site, requirements for offstreet truck and trailer loading spaces may be reduced correspondingly by special exception, but in no case shall the reduction be more than one-half (112) of full requirements. Any such special exception granted shall specify that in the event of change in manner of -f} 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. 2A22.6. LWerral of portions of total required offstreet loaning inproummts; by special exoelntion 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 2017.8. 2022.7. Muntenance and use of areas at uhich offstreet loading inprouerents are deferred. Areas on the lot on which offstreet loading improvements are deferred by .pecial 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. 2022.6. Joint loading facilities for contiguous uses, (lass C H special perms t required. . I 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 -C II special permit. Except where number of offstreet loading spaces has been reduced, or improvement requirements deferred under the terms of sections 2022.5 or 2022.6, 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 2017.9, "Joint parking facilities for contiguous uses, Class -C II permit required." Sec. 2023. Offstreet loading, detailed requirements and related definitions. n a A F r 7/2S/89 S3.2. DM nsians of stalls or berths, gr wmily. 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. 2323.2.1. ruction in stall d msions by Russ 11 spacial pentit; lMtatiou an rttuctions. Reduction in above dimensions of required stalls shall be only by Class -C 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 2023.2; 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. No such reduction shall permit a stall length of less than thirty (30) feet, a stall width of less than ten (10) feet, or vertical clearance of less than ten (10) feet, except in cases where the required number of berths is greater than (5) five, 50% of the total number of 12'x35' bays, may be replactz' by two (2) van spaces each with appropriate dimensions by Class II special permit. 2023.2.2. Qmditicns of pemrit; provisions concerning reEX=tion. 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 -C II special permit reflecting current manner of operation. Fail -ire to conform or to apply following such notice and within the limit set shall he deemed violation of this ordinance. 2Q23.3. Projection of vehicles being loaded or unloaded into public streets or alleys prohibited. - No vehicle being loaded or unloaded in any such berth shall project into any public walkway, street, or alley. 2023.4. 1linber 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 following table, which indicates the number of square feet of gross floor area (in thousands) requiring a first stall or berth and incremental berths. Whe%,P the gross floor area indication is followed by a number in parentheses, the number of berths indicated are to be a minimum of twelve (12) by fifty-five (55) feet in dimension. In other cases, minimum dimension is to be twelve (12) by thirty-five (35) feet, except as indicated in 2023.2.1. Number of gross square feet (ia thousands) requiring first offstreet loading berth and additional berths First Second Third Multifamily dwellings, apartment hotels, residence hotels, hotels, hospitals, business or profes- 50 100 sional,offices, 4udi- toriuws, convention M Additional Fourth Fifth Sixth Increments 250 500(1) 1,000(2) 500(1) a halls, exhibition halls, places of assembly, museums, churches, commercial recreation establish - menu, schools, and the like Retail establishments, eating and drinking establishments, personal service establishments not otherwise specified, establishments for repair, rental or servicing of household appliances and the like Mortuaries, laundries, dry cleaning establish- ments, wholesale establishments, manufacturing plants, markets, ware- houses, freight terminals and the like DRAF7 7/2VOI so 100 250 500(1) 11000(2) 500 0) 50 100 250 5000) 11000(2) 5004) 50 100 250 500(1) 1,000(2) 500(1) Sec. 2024. Piers, docks, wharves, dockage, boat houses, and boat slips. The following regulations shall apply to piers, locks, 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. 2W.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. 2024.1.1. 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 2024.1.2, below), the following limitations shall apply to boathouses and boat slips accessory to residential uses in residential districts: 2W.1.1.1. Fight of boathouses. No boat house shall be erected or altered to exceed a height of fifteen (15) feet. 20?A.1.1.2. Looatian of boathouses cored boat slips in relation to established uatenury or bulkhead lines; aa(f acwt lot Umes eeteriyg or appro ac hire untemays; special eacrmption pemdt for facilities exteedir4g 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. 2g84.1.1.3. Length and width of boathouses; 1 ui d tations on uaterfront ywd, e D R A F T 7125189 ('� would result in exceeding permitted total tot coverage by all buildings, it shall be reduced accordingly. 2024.1.2. Boat houses and boat slips aomsory to residential uses on lots excewirg ors acre in net area, special exception 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 cet 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. 2024.1.3. Limitations on lax:tion and extension of d�odas and piers in residential - districts; 1initatians on location and character of -!nsels docked or rmored. 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. "f Where such docks or piers are permitted to extend beyond twenty-fi%e (25) feet into waterways by special exception (see section 2024.11), 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 twenty-five (25) feet. 2024.1.3.1.,JDecial 1 imitations concerning rrodi fication of separation requirerents in residential aiad 9Dl-5 districts. In connection with extension of docks or piers beyond twenty-five (25) 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 minfim-am 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. 2W4.1.4. Limitations on facilities and uses related to dodauge and noorcge of vessels in residential districts. In connection with dockage o�, moorage of vessels in all residential districts, a set of davits of up to three -tan capacity, a private boat ramp, and minor maintenance of vessels with tools requiring no more than one 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. � I - '7 L/ 6o U 2024.2.9. &served. n R A F i 7/25/89 2024.10. Drtensions of docks and piers into uatennnrvs generally. U 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: Twenty-five (25) feet. 2024.21. b3rtensions of docks into uatenurys or canals or Bisaryne Day; special 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 special exceptions in this class of cases shall not be granted in R-1, R-2 and R-3 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 --`r 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. 2025. Signs, generally. The following methods for measurement, 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. 2025.2. Aemnits required for signs except those exmpted, applications. Except for classes of signs exempted from permit requirements of section 2025.3, 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. 2025.2.1. Pemit 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. 20 .3. Classes of signs and activities in relation to signs exempted fran pemit requirme nts; other limitations, regulations, and requirensetts 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: 2M5.3.1. Signs erected by or an order of govemnantal 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. 20M.3.2. Mtional flogs and flogs of political subdivisions. Sign permits are not required for display of national flags or flags of political subdivisions. ism M D RAF T 7/25/89 0 2M5.3.3. Lb omtive flogs, bunting, and other, decorations on special occosims. 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. 2025.3.4. Sy&olic flogs, auxnd flogs, house flogs. 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. 2C,>25.3.5. Address, notice, mid directional signs, uurning signs. No sign permit shall be required for address, notice, and directional signs or warning signs, as defined. 2M5.3.6. Sirs on vehicles aarpted gewivily; pemit rewired 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. 2M5.3.7. Roal 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. 2025.3.8. anstructicn signs; develciv t signs uhen avnbined u>ith construction signs: _ deuelelvnPnt signs, Class B I special perrrut, 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 fur each lot line adjacent to the street, or for combinations of construction and development signs so limited as to number and area, when displayed during such period. Development signs displayed prior to initiation of actual construction on the premises, or construction or development signs displayed following completion of actual construction, shall require a Class I special permit. Such Class I special permits shall be issued only after required development permits have been issued and shall specify that maximum time permissible between erection :f 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. 2025.3.9. &served. 2M5.3.10. Qrnnmity or neighborhood bulletin boards, kiosks; Class 1 special permit required for establishrnnt, 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 1 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 fo- the display of outdoor advertising signs nor for the posting of general or continued advertising by commercial or service establishment. 2C125,3.11. Te?ponary 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 D R A F T 7/25/89 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 1 subsection. 2flliAl2. 7bmorary political oarpaign 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 _i limited to four (4) square feet per sign face there shall be no more than two j (2) signs faces per site. (c) In residential zoning districts, the maximum hai3ht of such signs shall be limited to four (4) feet from grade to the top of signs. (d) Except for (a) above, in commercial and industrial zoning districts, the _! height and area of such signs shall be limited to the height, and one-half (1/2) the area of offsite signs permitted, in addition to offsite signs already permitted in these districts. (e) Vision clearance areas shall be maintained at street corners and driveways (see section 2026.8). (f) All signs must conform to the requirements of chapter 42 of the South Florida -�' Building Code as may be amended, except for painted wall signs and paper signs in windows. Portable signs, except for sign vehicles, herein defined as "signs not secured to the ground in accordance with chapter 42 of the South Florida Building Code, as may be amended," shall not be allowed. (g) Sign vehicles with temporary political campaign signs may be parked on private property in commercial and industrial districts for a period not to exceed sixteen (16) hours per day. No such sign vehicle shall be parked on private property in residential districts. No sign vehicles shall be parked closer than ten (10) feet from the base building line. Signs on a sign vehicle shall not be illuminate. (h) Signs shall not be installed in any zoning oistrict 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). 2025.3.13. Pimnual, 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 and, upon their failure to do so, after three (3) days' notice, by the City of Miami. 2CW.3.14. Cbrnerstones, nwnrials, 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. 2025.3.16. Curbside delivery receptacles; general opproraal required, sign permit for individual delivery receptacles not re►quirei, 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 it- ( W 0 D RAF T 7/25/89 example in the case of newspaper deliveries) a Class I permit with mandatory referral to Public Work 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. 2025.3.16. Signs on bus shelters, benches, trash receptacles, and the like. 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 ehall 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. 2025.3.17. W3ather 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. 2025.3.18-20. iibserved. 205.3.21. Activities related to signs oomptxl Fran pennit requiramts. 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 �vr 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. 2026. Signs, specific limitations and requirements. 2026.1. Projecting signs, mvVuees, awnings, and the like; vertical and horizontal clearances. Vertical clearances, projections, and clearance from curb lines as projected vertically, for projecting signs including marquees, and for awnings, canopies, and the like whether or not bearing signs, shall be as provided in the South Florida Building Code, section 4208, "Limitations on projecting signs"; section 4304, "Location and use (canvas awnings and canopies)"; and section 4404, "Location (rigid awnings, canopies, or canopy shutters)." Except as otherwise specified in these zoning regulations, projecting signs shall comply with the yard requirements of the districts in which located. 2026.2. Roof signs; new 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. 2026.3. Gi aand signs. �J� 9 C/(O D R A F T 7/25/89 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. 2026.4. Structural uall signs or flat signs; clearance above public ualhaays. Structural wall signs or flat signs shall provide clearance above public walkways as required by the South Florida Building Code, section 4209.5. 2026.5. Limitations on uording and illumination of signs; prohibition against blockirrgggness, 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 anergency 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 ;.+use confusion with traffic signals. 2026.5.1. Ahal estate signs, construction signs, deuelcpnmt 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. _ 2026.5.2. Lirni taticns on i lluninated 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 :f any portion of property in a residential district as measured along the street frontage on the same side of the street, or as measured in a straight line to property across the street, if the flashing element of such sign is directly visible from the residential property involved. (See also section 2107.2.1.) 2026.6. Prohibition against revolving or uhirling signs and pennant or streamer signs; e.>�tion. Revolving or whirling signs and pennant or streamer signs a-e hereby prohibited unless such signs are specifically authorized by the regulations for the district in which erected. 2Q26.7. Liird tations 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. 2026.8. Prohibition against sign placunmt impeding visibility of traffic or pedestrians, or creating other hazards. No sign or sign support structure shall be so placed as to create hazaros 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 2008.9, "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. 2Q26.9. lksenied. 2O26.1O. R=val, repair, or replacemmt of certain signs; prohibition against repair or replocanmt of certain noncanfomang suns ordered renweci. In addition to removal required for nonconforming signs at section 2107.2, the following rules, requirements, and limitations shall apply with regard to removal, repair, or replacement `. D R 4 F T 7f25/89 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. 2026.10.1. 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. 2026.10.2. Decrepit 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. 2026.10.3. Orsite signs advertising establishments, cawudities, or services no lamer on prerdses. 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. 2026.10.4. Offsite signs bearing obsolete advertisingrratter. 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. s 2026.11. Structural ngrhers of sigIzs required to be concealed or otherwise rrnde 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. X26. U-14. leserved. 20 6.15. Qtdoor 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: 2026.15.1. Limitations on sign area, including embellishments; lb7dtations on projections of embellishments. 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 measured as provided at section 2025.1.3, "Area of signs"). Total area of embellishments, including portions falling within or superimposed on the general display area, shall not exceed jn,, hundret (100) square feet. No embellishment shall e%tend more than five (5) feet above the top of the sign structure, or two (2) feet beyond the sides or belov 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. — / 7 g� D R A F T 7/25/89 2026.15.2. Lnnnitations on location, orientation, spacing, height, type and wbellishnents of outdoor advertising signs in relation to 1&4ted acme highc*v a,d eVresmtVs. Except as otherwise provided in section 2026.15.1, 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. 2026.15.2.1. M outdoor advertising sign uhich faces any such limited access higtuay to a greater degree than pema tted in 202+6.15.2 shall be erected, constructed, altered, rnnintained or relocated td thin six hundred sixty (6190) feet of any such highways, including expresa=s, 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 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 ,he 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 2026.15.1. (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 1-95 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 reiationship with other ro:6"way signs, inclusive of directional signs; (3) The impact on any notable structure or landmark; D R A F T 7/25/89 (4) The impact upon drive safety in ti:e area the sign is to be located; and (5) The appropriateness of the location in relation to the surrounding neighborhood and adjacent uses. MO. 15.3. Limitations an spacing of outdoor advertising signs in relation to federal - aid prvmry higiruny 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. 2026.15.4. jLwxdscaping.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 additio-ial 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. 2Q26.15.4.1. Any sign pemu t issued pursuant to sectiaa 2026 et seq. shall be subject to revocation, subsequent to a public hearing by the city cowdssion, should city inspectors find that the subject site is not berg maintained according to gppravel landscaping plans or is being kept in an unclean or unsightly mrner. 2026.16 Limitations an onsite signs above a height above fifty (60) feet above grWe. f For onsite signs above a height above fifty (50) feet above grade, the following regulations _ shall apply: 1. Building sign content shall be limited to the name of the building or the name of a prime tenant of the building occupying more than 596 of the gross leasable building floor area. 2. Signs shall consist only of individual letters and/or a graphic logotype. No graphic embellishments such as borders, or backgrounds shall be permitted. 3. The maximum height of a letter shall be as follows: If any portion of Maximum Letter a sign is: Height over 50 feet but less than 200 feet above grade .......... four (4) feet over 200 feet but less than 300 feet above grade ........... six (6) feet over 300 feet but less than 400 feet above grade......... eight (8) feet over 400 feet above grade......... nine (9) feet The maximum height of a logo may exceed the maximum letter height by up to fifty (50) percent if its width does not exceed its height. 4. The maximum length of the sign shall not exceed eighty (80) percent of the width of the building wall upon which it is placed as measured at the height of the sign. The sign shall consist of not more than one horizontal line of letters and/or symbols unless it is determined through Class II review that two lines of lettering would be more compatible with the building design. The total length of the two lines of lettering, end -to -end, if permitted, shall not exceed eighty (80) percent of the width of the building wall. 5. Not more than two (2) signs, one (1) for each of two (2) sides of a building shall be permitted per building. The two signs shall be identical except they may vary in size, subject to 3 and 4 above. 6. No variance from maximum size of letter, logotype, length of sign, number of signs or sign content shall be granted. T g� D R A F T 7l2"/89 7. All sign permits shall be subject to Class 1I approval and review by the Urban Development Review Board (UDRB). The UDRB shall recommend its findings to the Planning Director. The Planning Director may waive review by the UDRB if such review procedures would delay issuance of a Class I1 permit by more than twenty-one (21) days from the date of permit application. The UDRB and Class f 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. 2026. Reserved. Sec. 2027. Temporary structures, occupancies, and uses during construction. In any district, temporary structures, occupancies, and uses reasonably necessary for construction(including preparation of land) shall be permitted, subject to the limitations and requirements of these and other lawfully adopted regulations (and particularly the South Florida Building Code). Except where specifically authorized or required. such structures and uses shall be located on the site and shall not encroach upon any public. ways. As necessary for protection of the public health, safety, and tranquility in the circumstances of the particular case, the zoning administrator may attach to any permit or certificate of occupancy reasonable requirements, conditions, and safeguards, including limitation of Ours 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. DETAILED REQUIREMENTS AND LIMITATIONS APPLYING TO PARTICULAR USES AND STRUCTURES GENERALLY, OR IN PARTICULAR DISTRICTS OR GROUPS OF DISTRICTS Sec. 2026. Reserved. Sec. 2029. Reserved. r D RAF i 7/25/89 0 Sec. 2030. Automotive service stations as principal uses. The following standards, limitations, and requirements shall apply to automotive service stations as principal uses: 2030.1. Mnb7un lot or site dbnmsions, rrunbnm 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 at least one (1) street shall be one hundred fifty (150) feet. 2030.2. Lb7itatiors on outdoor stortrge, display, or activities. —i� 2=1.2.1. Store and display of products sold and equipnmt 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 :ategory 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 oermitted servicing shall be stored and used within buildings. 2030.2.2. 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. 2030.2.3. Vending mrchines. 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. 2M.2.4. ?hick and trailer rental rants uhere pemritted. 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 there'.;. 2030.2.5. Uni tations on parking or storage of vehicles. Only vehicles awaiting service, permitted rental vehicles, vehicles used in road service, and vehicles of employees parked while working shall be stored or parker on the premises, except in districts where commercial parking is a permitted accessory use at automotive service stations. In such districts, such commercial parking shall be permitted only in areas designated and reserved for such purpose and only on area additional to the minimum lot or site area required for an automotive service station. 2030.3. ?hash 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. 2t1i9D.4. hequired calls 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. 2031. Drive -through establishments; car washes. No permit shall be issued fo,- any drive -through bank, :rive -in eating or drinking establishment, drive-in theater, or other facilities where custe:ners are served in their automobiles, except automotive service stations, or any car wash (except where such facility is gl- 7 L/(o r D RAF t 7/25/$9 accessory to an automotive service st.st.ion and does not involve arrangements for washing more than one (1) car at a time) except in accord with the following requirements and limitations: 2031.1. arWtians and safeguards in relation. to special penrsts. Where special permits are required in connection with such establishments or facilities, or in connection with offstreet parking, in addition to requirements and limitations set forth below, left -turn movements for entering or leaving such establishments or facilities may be prohibited or hours for such movements limited, merging lanes may be required adjacent to entrances or exits, and such other requirements or limitations may be established as are reasonably necessary to assure safety of pedestrians and motorists and to avoid inconvenience and traffic congestion. 20131.2. Raquirmmts for reservoir spokes, cpplyirg 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: I (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: nine (9) spaces before the teller window, one (1) space at the teller window, one (1) space after service space. For the third window: eight (8) spaces before the teller window, one (1) space at the teller window, one (1) space after service space. For the fourth window: six (6) spaces before the teller window, one (1) space at the teller window, one (1) space after service space. For the fifth 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. 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 Wore 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. D R A f T 7J25/88 0 C3) Automatic dragline: tight (8) spaces before the beginning of each wash line, six (6) spaces after the end of each wash line. Per 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): Five (5) spaces before the beginning of each wash line, one (1) space after the end of each wash line. (d) Drive -through window facilities for eating and drinking establishments: Eight (8) spaces before the service window, one (1) space at the servicc window, one (1) space after the service window. (e) Other drive -through facilities (including but not limited to food and beverage sales and laundry and dry cleaning pickup stations): Three (3) spaces before service position or area for parking, one ()) space after such position or area. The inbound reservoir area shall not conflict with the outbound reservoir area. Sec. 2032 and 2033. Reserved. _t. Sec. 2034. Community based residential facilities. Community based residential facilities shall be subject to the following zoning requirements and limitations: 20M.2. Cdwuni ty based residential facilities, prweda-es. 2A34.2.1. &gistration required. All existing and proposed community based residential facilities shall register with the department of building and zoning inspections. 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 tht facility. 6. The governmental authorization to operate the facility. 2034.2.1.1. Official nip and registration file. The department of 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. 2M.2.2. Peqcir wts for haws ud th saxn to fourteen residents. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multi -family zoning as a permitted use, provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home. All proposed community based residential facilities with more than six (6) residents and less than fifteen are subject to the following requirements and limitations: 2034.2.2.1. Looatien stcnxkuds. Applications for community based residential facilities shall no. be denied unless the proposed facility: 9� f. V` D R A F T /25/99 1. Does not otherwise conform to existing zoning regulations applicable to other multi -family uses in the area; 2. Does not meet applicable licensing criteria established as determined by the Department of Health and Rehabilitative Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home. 3. Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multi -family zone shall be deemed an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area. 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. 2034.2.2.2. Recreation open space. Recreation open space shall be provided in accord with the following schedule: 1. Two hundred (200) square feet for ead, 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. 2a34.2.2.3. Yards for facilities tai th nvre than fifty occ tq mts. 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. 2034.2.2.4. 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 male that clearly show such reduction is reasonebie based on such factors as facility proximity to mass transit, location of occupant employment area, occupant auto ownership, facility visitation policy, and the like. 2A34.2.2.5. Lbrdtations on sifzs. Signs shall be limited to a nameplate not exceeding two (2) square feet for each street frontage. 2034.3. Corti fieate of use not transferable; nav awnership by Class B I special pemd t. The approved certificate of use shall not be transferable if the facility changes use or ownership. New ownership shall be approved only by Class I special permit. 2034.4. Varics sees pruhibi tod. No variances from the provisions of section 2034 are permitted. Sec. 2035. Adult day care centers. 2Dt3<5.2. Mnimsn lot dbnmions. 2M.2.1. Adult day care esters for four (4) adults or less in R-I and &2 districts. Adult day care centers for four (4) adults ^r less may be established in the 2M.2.2. Adult day care centers for five (5) adults or nvre in &I and &2 districts; in other districts. Except as provided in 2035.2.1, syove adult day care centers D R A F T 7/25/89 for five (5) or more but less than ten (1C) adults s.-all be established in R-1 and R-2 districts only on lots with minimum width of fifty (50) feet and a minimum lot area of seven thousand fire hundred (7,500) square feet. Adult day care centers for ten (10) or more adults shall be established in ;.,'.ese 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 day care centers are permitted or are permissible by special permit. 2035.3. Location of buildings in R-1 and R-2 districts; in other districts. Buildings containing an adult day care center in R-1 and R-2 districts shall provide minimum side yards as required for one -family detached dwellings in the district. 2)t35.4. Mnimm area per occupant; other requirwmis. Adult day care 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. 2035.5. Variance prohibited. No variances from the provisions of this section 20035 are permitted. Sec. 2036. Child care centers. Child care centers, if approved by appropriate regulatory agencies, shall be subject to the following zoning requirements and limitations: 2036.1. Access if urithin 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 care centers are permitted or.permissible by special permit. 2036.2. Mnanm lot dimensions. 2036.2.1. Child care centers for less than ten children in R-1 and R 2 districts; in other districts. Child care centers for less than ten (10) children may be established in R-1 and R-2 districts. 2036.2.2. Child care centers for ten or rrnre -*ildren in R-1 and R 2 districts; in other districts. Except as provided in 2036.2.1., above, child care centers for less than fifteen (15) children shall be established in R-1 and R-2 districts only on lots with minimum width of fifty (50) feet and a minimum r area of seven thousand five hundred (7,500) square feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to be met if the portion of the lot containing the fenced play area required by section 20 below is at least fifty (50) feet in width. Child care centers for fifteen (15) or more children shall be established in these districts only on lots with a minimum width of one hundred (100) feet and a minimum mt area of ten thousand (10,000) square feet, provided that for the purpose of this provision, minimum lot width requirements shall be considered to be met if the portion of the lot containing the fenced play area required by section 2036.4 below is at least one hundred (100) feet in width. These limitations shall not apply in other districts where child care centers are permitted or are permissible by special permit. 2036.3. Location of buildings in R-1 and R-2 districts; in other districts. Buildings containing child care centers in R-1 and R-2 districts shall provide minimum side yards as required for one -family detached dwellings in the district. 2t136.4. Idnbnm indoor area per child; other requirarents. Child care centers shall provide a minimum of thirty-five (35) square feet per child consisting of, but not limited to, ba•.r,room(s), dining area(s), kitchen area(s), rest area(s), and recreation/leisure time area(s) and a teacher/counseling area. D RAF T 1125/85 ".5. Mtdwt— play ae. Child care centers shalt provide a securely fenced outdoor play area consisting of at least four hundred (400) square feet or forty-five (45) square `eet per child, whichever is greater. 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 A-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 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. 2C136.6. L dtation of location cnad leours 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. 2M. 7. %riazces prohibited. No variances from the provisions of this section 2036 are permitted. Sec. 2037. Adult entertainment or adult services. 217E?7.1. 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 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. 2037.3. Lhnitaticns on adult entertaimrnt or Adult service establishments. 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 five hundred (500) feet of any residentially zoned property. The distance shall be measured along the straight line drawn 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 er Dade County, the term "residentially zoned property" shall be those zoning districts designated as resider.0 ally zoned by the terms of the zoning ordinance of the external jurisdiction. (c) Approved for a certificate of use unless 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. 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 2037 have been met. 207.5. Varioncoes prohibited. No variances from the provisions of section 2037 are permitted. Sec. 2038. Flea markets. 2#Q3B.. UW tatiaes on flea nw*ets. D RAF T 7/25199 �4 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 toned districts (mirtift*: wenty-five (16) feet); hours of operation (maximum: twelve (I2) hours per day), no earlier than 7:00 a,m,; sales operations confined tb weekends and legal holidays; provided, however, that at no time shall such operations exceed three (3) consecutive days; prevision 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. Sec. 2039. CBD storage facility. 29.1. i%servad. 2039.2. Lkgtatiawof®stotcgz fbcilities. Operation of a CBD storage facility requires a Class It 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 _hall 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 20 • and 20 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 j the live loads associated with such a storage facility. likewise, the building shall be required to meet all applicable requirements of the S^uth 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. -- . f. { {Sri FS��L:�.i ��i�''�1. i r f � ' •t t 9� �1 D R A F T 7I25189 ARTICLE 21. NONCONi:ORl MES. Sec. 2101. intent; general definition. 2101.1. Nneoonfomities created by ordinance adoption or anmjnmt. Within districts established by this ordinance or later amendments, there exist: (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 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. These are defined, for the purpose of this zoning ordinance, as nonconforming. 2101.2. llbrreon foma ties created by public taking or court order. The term "nonconforming" shall also be construed to apply where lawful public taking has the effect of creating what would be violations of zoning regulations currently in effect if _ actiors 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. 2101.3. Intent concerning nonconfonnities 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. 2101.4. Abnoonfonning uses specifically declared to be :nrarpatible udth permitted uses. Nonconforming uses are declared by this zoning ordinance to he 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. 2101.5. 1lbserued. 2101.6. Iauful actions initiated prior to _ p adoption or armdrerct of ordinance and oarpleted udthin any tbw lWis established to be constnted as establishirg nanoonfonning status. Where building permits or certificates of occupancy have been issued under a privious 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 3405 shall be construed to have nonconforming status to the, extent that it was lawful under prior regulations. D R A F T 1/25/89 � 2101.7. Special permit uses not to be deemed nonconforming. 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 .order 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. 2102. Nonconforming lots. 2102.1. Eke of nonomfbnning lots for one -family, tuo-fardly adnultiple fanily buildings in districts pennittingone-fb7ily, tun-fanilyaadnultipledw1lings. 1. On any existing nonconforming lot a one -family dwelling and customary accessory buildings may be erected, expanded, or altered 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. 2. Two-family or multi -family buildings may be erected, expanded, or altered provided that the lot width and area is at least eighty (80) percent of the required minimum district width and area respectively, but in accord with all other requirements and limitations of the district. 2102.1.1. MWi f ication of district yard aad lot cauerage requirenmts by Gass II special pemut; Ibnitations. By Class II special permits on nonconforming lots, district yard dimension requirements may be reduced, and lot cove -age limitations increased, by amounts up to but not exceeding twenty-five (25) percent, upon findings that such modifications are the least which are reasonably necessary to permit use of the lot in a manner equivalent to use of conforming lots for one - family, two-family or multiple family buildings and customary accessory buildings. Where appropriate to the particular circumstances, conditions attached to such permits may require increases in dimensions of certain yards to compensate for reductions in others, or require maintenance of the general lot coverage limitation but permit modification of yard requirements. Only one modification of district yard and lot coverage requirement by Class II Special Permit is allowed. 2103. Discontinuance. If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than one hundred eighty (180) consecutive days in any one-year period, any subsequent use shall conform to the regulations for the district in which the use is located. Sec. 2104. 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 up to twenty (20) years is permissible through a Special Exception permit only. 2104.1. alargunmt, extension, alteration, replacement, 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 move' 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. 2104.2. Bctension of use in building mmifestly designed for such use. Any nonconforming use may be extended throughout any parts of a bui*,ding which were manifestly arranged or designed for such use at 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 building. No nonconforming use shall be extended to occupy any additional building on the same D R A F T 7/25/89 lot or parcel, not used for such nonconforming use at the effective date of adoption or amendment of this zoning ordinance. 2104.3. Nar=fbvning use outside buildings; special exception formxwmt. On premises of buildings in nonconforming use, and outside such buildings, no nonconforming use shall be enlarged, increased, or extended to occupy more area than was occupied at the time such use became nonconforming. 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 occupancy of the new location shall be construed as remaining nonconforming. 2104.4. leserved. 2104.6. Reserved. 2104.6. Dfsoontinuw=. —0 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 —E the use is located. = ti 2104.7, Subdivision or structural additions. Structures are 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. , 2104.8. Destruction of structure or structures. Where nonconforming use status applies to a structure or structures, or to a structure or i structures io combination, removal or destruction of the structure or structures shall eliminate the nonconforming status of the land except as set out in section 2104.9 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 inteisified. Unless restoration is so initiated and completed, the use shall �.irminate dnd not be resumed. 2104.9. 4ecial exception for replace,-mt or reconstruction of destroyed structures containing nawanfonning 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 M (d) That the board finds substantial public advantage in continuance of the nonconforming use; and That the primary purpose of continuing the nonconforming use is not to continue an economic monopoly; and t D R A F T 7/25/89 (e) That replacement or reconstruction in the manner, proposed, with related actitm% imposed in conditions and safeguards by the board, would reduce any previous adverse effects of the use on neighboring properties. Sec. 21O5. Reserved. Sec. 2106. Nonconforming structures. Where a nonconforming building or structure, or nonconforming portion of a building or structure, exists, such nonconforming building or structure or part thereof may be continued, subject to the provisions below, for twenty (20) years. An extension for continuance of the use for an additional term of twenty (20) year period is permissible through a Special Exception. Nonconforming structures shall be construed as including those where the nonconformity was created by ordinance adoption or amendment, as provided at section 2101.1, as well as those where nonconformity was created by public taking or court order, as provided at section 2101.2. 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. 2106.1. Structural d1krW, extension, or eVxwsion. 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 if the degree of its nonconformity remains tr,e same or is decreased with a Class 11 special permit. 2106.2. I.m ge. Should a building or structure or portion thereof, nonconfoiMning under this section, be destroyed to an extent of more than fifty (50) percent of its gross square footage at the time such damage or destruction occurs, it shall not thereafter be reconstructed except in conformity with the provisions of this zoning ordinance; provided, however, that if reconstruction is essential to the reasonable conforming use of the building or structure, the zoning board may, by Special Exception, allow reconstruction to the extent reasonably necessary to allow such reasonable Conforming use; provided such reconstruction or repair shall be started within a period of six (6) months of the date of destruction; and provided, further, that if reconstruction or repair is not begun within the six-month period, the building or structure shall not be constructed or repaired except in conformity with this zoning ordinance. 2106.3. Moving. A nonconforming building or structure may be moved on its own lot on!v 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. 2107. 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 2101.1, as well as those where nonconformity was created by public taking or court order, as provided at section 2101.2. 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. gj� 9 L/40 D R A F T 7/25/89 2107.1. (haWft in noreomfomsng csha mteristics of use. No change shall be made in any nonconforming characteristics of use which increase nonconformity with applicable current regulations but changes may be made whic', result in the same or a lesser degree of nonconformity by Class II special permit. — 2107.2. Signs. The following provisions shall apply to signs as a nonconforming characteristic of use: 2107.2.1. Pan=l 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. 2107.2.2. PbrDwl 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 XXVill, section 3, subsection 3 (a), of the prior City of Miami Zoning Ordinance, Ordinance No. 6871, 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 fo0ewing 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. 6871, as amended, prior to the repeal of Ordinance No. 6871, as amended, shall be given full force and effect as though Ordinance No. 6871, as amended, had not been repealed. Sec. 2108. 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 nonbearing 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. *109. Unsafe iinonconforming 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. 2110. Reserved. Sec. 2111. 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 qi' a nonconforming use or to create rights in the continuance of such use. • f yIft +'+, W.� yj } �3'sTriF"'% �'�R{1ilk. i{°gF Y 3a `~ �3+���i�F *��S 'F'� a z '� ,.� ri ftrhu�t t�' F .�.- ?,t„S �''tt � .5c• �'"*'J �3 t " ��:. ��� l"�tii�F r,e s ; 1 :' Y r n l`rr�, y�'f #gek l..t�i'f 4- 4Y''Ax y5 'i _S `�.,-+.•,. 4�.F�F'fD W y �S i ARTICLE 22, FUNCTIONS AND RESPONSIBILITIES OF COMMISSION, OFFICERS, AND BOARDS IN RELATION TO ZONING GENERALLY Set. 2200. Interpretation and enforcement. Except where this zoning ordinance specifically in its terms places responsibility in other officers or agencies, it is the intent of this zoning ordinance that questions of interpretation shall first be presented to the zoning administrator; or to the director of the planning department on article 5, and questions of enforcement 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 department, and that further review in such matters shall be as set out in articles 30 and 32 of this zoning ordinance. Sec. 2201. Duties of city commission. Under this zoning ordinance, the city commission shall have only the duties of: (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 comitions or safeguards, or denying major land use special permits; (4) Reviewing, upon request, decisions of the zoning board when serving in an appellate capacity on decisions of the zoning administrator or director of the department of planning; and (5) Reviewing, upon request, decisions of the zoning board on variances and special exceptions. Sec. 2202. Duties of planing advisory board. Under this zoning ordinance, the planning advisory board shall have only the duties of: (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 35; and (2) Serving as an instrument of advice and recommendation on zoning matters that may be referred to it by the city commission or other officer or agency as set out in this zoning ordinance. Sec. 2203. Duties of zoning board. Under this zoning ordinance, the zoning board shall have only :he duties of: (1) 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 II special permits; (2) Serving as an instrument of review of decisions of the director of the department of planning in connection with the issuance of Class II special permits on matters of interpretation or other decision making specifically placed in his hands by the terms of this zoning ordinance; (3) Granting, granting with conditions and safeguards, or denying special exceptions; (4) Granting, granting with conditions and safeguards, or denying petitions for ^ variance to the terms of this zoning ordinance; and — ,z t D R A F T 7/25/89 ARTICLE 23. SPECIAL PERMITS; GENERALLY. Sec. 2300. 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, 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. Uses or occupancies requiring special permits, and the type of special permit required in each instance, are set out in the official schedule of district regulations or elsewhere in this zoning ordinance. Sec. 2301. 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 nave small but potentially adverse impacts on adjacent and nearby prop,--oties to those with substantial effects on neighborhoods and/or the city. Classes of special permits, their intent, and the agent, ace -icy, or body responsible for each, and referrals are as follows: 2.301.1. Class I special pennits; intent; adninistered by zoning adninistrator; nwadatory 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, and may involve matters such as design for traffic, parking and loading facilities, health and environmental considerations, and legal determinations. 2301.1.1. Mn nistration by zoning administrator. The zoning administrator shall be responsible for the administration and processing of applicat.i.ms 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 mandatory referrals as provided in section 2402. (See article 24.) 2301.? Class II special penzits; intent; detemrinitims by director of clepartmrmt of . plafming; 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 shall be solely responsible for consideration of applications for Class II special permits. The director shall make such referrals to other officers, agencies 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 25.) 2301.4. $. ecial exceptions. 2301.4.1. Intent; distinction between Class D special peirnit and special exertion. Within the city generally, or within certain zoning districts, ccrtain structures, D R A F T 7/25/89 uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this zoning ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the zoning board be exercised in making such determinations, in accordance with the rules, considerations, and limitations relating to special exceptions. (See article 26.) Formal public notice and hearing is mandatory for special exceptions. 2301.3. Akor use special pen ni ts; intent; deeem inations by city cvwafssian; 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 28.) The city commission shall refer all applications for major use special permits to the planning advisory board and to the director of the department of planning for recommendations and may make referrals to other agencies, bodies, or officers, either through the department of planning or directly, for review, analysis, and/or technical findings and determinations and reports thereon. Sec. 2302. Relation of special permits to building permits or certificates of use; to initiation or maintenance of use or occupancy. _Z4__ 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 dses or occupancies do not require building permits or certificates of use, but are otherwise subject to requirements of tn.s zoning ordinance, no such use or occupancy shall be initiated or maintained unless and until, a special permits required herein in relation thereto have been obtained. Sec. 2303. 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 23016, "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. 23113.1. Action to be taken wi thin tirm 1 bid is sped Pied. Unless applications be withdrawn or applicants agree to time extensions, actions on special permits shall be taken within time limits specified in this zoning ordinance, provided, time limitations set out herein involving actions by the zoning board or the city commission shall not be applicable during the thirty-one (31) days of August. Sec. 2304. Applications for special permits, generally. � J� ? 4/ (0 „ - D R A F 7/2S/89 SM.I. 4plioation far special poin4 ts; uhen filed, uho mzy file. Except when specifically set out otherwise in this zoning ordinance, applications for special permits shall be filed with administrative officials designated by M, city manager and such designees are charged with responsibility for their receipt, fee collection, processing, and/or distribution. — For special permits affecting a property, applications may be filed only i-y the property owner, his 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 E and/or required by this zoning ordinance generally, or for the district involved. 2904.2. Aplioation foma; siMlew tarymmterials. 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. i1 f 2304.2.1. AMlioatian foam; materials that mry 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 elements 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; MEM (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: NEW (1) The derivation of numbers of offstreet parking and offstreet loading MEN enikrne ehmmn in foil shnua. nnoi DRAFT 7/29/89 (g) If common facilities (such as recreation areas or structures, private streets, common open space, etc.) are to be provided for the developbent, 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 for 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 in is pertinent to the proper consideration of the site and development plan. Items k) , d) , ) c, 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. 2304.2.2. .Ipplication forms; arrpletion 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 havo been completed; all plans, reports or other information, exhibits, or document-, 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. 2904.2.3. A plication forme; siWleittary nnterials. During processing of any application, if it is determined by the designated agent, agency, or body of the city, that in the particular circumstances of the case additional information is required to make necessary findings bearing on its approval, denial, or conditions and safeguards to be attached, such information may be requested. Failure to supply such supplementary information may be used as grounds for denial of the permit. Sec. 2305. Considerations generally; standards; findings and determinations required. As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following considerations and standards shall apply generally, in addition to any other standards and requirements set forth concerning the class or kind of permit being considered. City agents, agencies, or boards charged with decisions concerning special permits shall make, or cause to be made, written findings and determinations concerning such of the following matters as are applicable in the case, shall reflect such considerations and standards specifically in the record, and shall be guided by such considerations and standards in their decisions as to issuance of permits, with or without conditions and safeguards, or denial of applications. 2305.1. 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. 2305.2. Offstreet parking cad loading. � I � 9 C/ (00 D R A F T 7/25/89 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. MA &fuse aW 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 i 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. 230.4. Signs and 1 ight ing. 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. 2V5.5. 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. t 2305.6. LhainWe. 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 j 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. 23Gt5.?. Preservation of natural features. Due consideration shall be given to provision for the preservation of existing vegetation and geologioal features whenever possible. 2305.9 8. Qantrol of potentially adverse effects generally. In addition to consideration of detailed elements 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. 41306. 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 23 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 2305, "Considerations generally; findings and determinations required," and in other provisions relating to the particular class or kind of permit. The requirement for any such conditions or safeguards shall be supported by stated reasons therefor, based upon such considerations and standards, and no such condition or D R A F T 1/25/89 safeguard shall establish special limitations and/or requirements beyond those reasonably necessary for the accomplishment of the purpose for which attached. 2306.1. &ilure to oaTly with conditions and safeguards to be deenad violation of orditare. Failure to comply with conditions and safeguards, when attached to grant of special permit, shall be deemed a violation of this zoning ordinance. Set. 2307. Notice and hearing generally; availability of recommendations; records. It is the intent of this zoning ordinance that, =f, the administration of special permits, requirements of notice and hearing, whether formal or informal, shall be observed as herein set out. The requirements for notice and tearing herein set out, whether formal or informal, for the several types of special permits are designed to ensure fainiuss and expedition in the administrative process and to protect the public interest. It i� further 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. 2307.1. Informtion 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 shall be considered public in character. 2307.2. Required recorti of fomul hearings, inforrml 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 linited to, all material basic to decisions, supporting conditions, and safeguards, if any, attac.ed to special permits, and to any agreements estatiished in relation thereto, or to any disagreements and reasons therefor. Or 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. 2308. Actions following decisions on special permits. Following decisions on special permits, the following actions shall be taken promptly: 2308.1. 1lbtificatien of applicant in cases of gWruval. Where special permits are approved, with or without conditions and safeguards, a copy shall be transmitted to the applicant. 2308.2. Abtificatian of applicant in cases of denial. Where special permits are 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. 2308.3. Mi ficatian of affected agencies or officials concerning approval; cations folladng such notification. Where special permits are approved, 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. 2308.4. 1liitifichtion of affected c4geacies or officials concerning denials. DRAFT Where special permits are denied, agencies or officials in procedures or actions dependent upon issuance of such permits shall be notified of such denial, and shall be governed accordingly with regard to such pending procedures or actions and records in relation thereto. Sec. 2309. Permits apply to property, not person. When granted, a special permit under any of the classes of special permits set out in section 2301 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. 2310. Withdrawal of application for certain classes of permits; effect of withdrawal. An application for a Class I or 11 special permit may be witted -awn by the applicant at any time prior to decision without limitation on resubmittal. 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, substantially the same application shall not be considered within twelve (12) months of withdrawal. Sec. 2311. 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. It is the intent of this zoning ordinance that there shall be a right to review of the decision of the agent, agency, or body of the city responsible by the terms of this zoning ordinance for making such decision, in the manner set out by this zoning ordinance for the particular permit involved and as provided by the applicable laws of Florida. 2311.1. Rwiau of decisions for Class I or 11 special pe»rd ts. Review of decisions made for Class I or II special permiti shall be by appeal to the zoning board in the manner set out in articles 30 and 32 of this zoning ordinance. 2311.2. Pteuieu of decisions for special exceptions. Review of decisions made by the zoning board for special exceptions shall be in the manner set out in article 32 of this zoning ordinance. 2311.3. Pieuiew of decisions for major use special pemni ts. Review of decisions made by the city commission for major use special permits shall be in the manner set out in article 32 of this zoning ordinance. r D R A F T /25/89 ARTICLE 24, CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS Sec. 2400. 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 yet out in article 23, 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. 2401. Class I special permits; informal notice acid hearing; time limitations; referrals; conferences. 2401.1. 11b fomnsl public notice or hearing. No formal public notice and hearing is required in connection with Class I special permit procedures. 2401.2. Class I special pemuts, noidatory referrals; tbm lb?iis on returns. Within five (5) calendar days of receipt of applications for Class I special permits in the office, the zoning administrator shall make the referrals to other officers, agencies, or department required by this zoning ordinance. Such referrals shall be made with a note in writing to the applicant for the reasons for such referrals, and the same shall be a part of the permanent record in the case. -j' Reviews, analyses, and/or technical findings requested by such referrals ;hall 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. 2401.3. Class I special penrnits; notification concerning intendAl decisions; tone lh7dts uhen referrals are retie. Where referrals are made, the zoning administrator shall notify the applicant in writing of the intended decision and the reasons therefor within fiftee►: (15) calendar days of the receipt of the application for Class I special permit in the office, 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. 2401.4. Taquest by opplicant for conference; tirm l#?i tation; opplioont to ham access to record. Within five (5) calendar days of receipt of such notification, under section 2401.2 or 2401.3 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 2307.1, "Information on which decision is based to be public and available to applicant." 2401.6. Zoning administrator to arrange conference, secure attendw=; conference to be aorurerned; effect of failure io appear. Upon request for such a conference, the zoning administrat-cir 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 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. s D R A F fif!`D 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. 2401.6. Lbeision of Ming ad+tsnistraW; tins lk4tatians; }iurther octiat anpetnts. 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 it 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 2308, "Actions following decisions on special permits." Sec. 2402. Mandatory referrals. 2402.1. Reports required fran other officials or deparatits. 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 2402.2. _ 2402.2. 4fect of required rgoorts on issumoe or denial of Class I special pemdts; on attcadmmt of canditions and sufegtwds. 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, requirement%, 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 other required standards not being met. Secs. 2403-2449. Reserved. Sec. 2450. Appeals. See Article 30 of this ordinance. _A '4 D R A F T 7/25/89 ARTICLE 25. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS. Sec. 2500. 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 23, regulations applying to particular uses or occupancies appearing in the official schedule of district regulations, regulations applying to particular uses and occupancies th.it may be set out elsewhere in this zoning ordinance, and regulations set out in this article. Sec. 2501. Informal notice and hearing. No formal public notice and hearing is required in connection with Class II special permit procedures. The applicant shall notify in writing all abutting property owners and shall submit with the application written proof that such notice was mailed. Except in the case of signs where no notice is required. Sec. 2502. 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 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 the Urban Development Review Board where referrals shall be returned to the office 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. 2503. Time limitations; conferences; notification of decision. 2503.1. 1lbtification concerning intencW decisions; tine lindtationi- The director of the department of planning 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. 250.1.1. ltbtifications emcerning intenders decisions; time 1 b7d is with no referrals. If no mandatory or optional referrals are involved in connection with the application, the director of the department of planning shall give 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. 2503.1.2. M ifiaation concerning intended decision; time limits with referrals. Where mandatory or optional referrals are made, the director of :he department of planning 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 the urban development review board are made, the director of the department of planning shall give written notice of the intended decision, within ten (10) c;landar days of said board meeting; in cases of no quorum, the planning director may waive review by said board. 25W.2. Pbgwst by appliormt for conference; tirm lb dtation, —*pliccnt to ham ac©ess to rewrrl. 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 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. a D R A F T 7/25/89 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 2307.1, "Information on which decision is based to be public and available to applicant." 25M.3. Director of department of plannirng to arrange conference, secure atterna=ce; dart ferernae to be oonveeed; effect of fai 1 ure to appear. Upon request for such a conference, the director of the department of planning 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,- in 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. 25613.4. Decisicn of director of depar&nmt of plarming, time limitations; further action cn ,perH ts. 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 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 2308, "Actions following decisions on special permits." All Class II special permits shall expire one (1) year after issuance. Secs. 2504-2509. Reserved. Sec. 2510. Class II special permit for preservation of natural or archeological features. 2510.1. 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, and, if the requirements set out herein are met, to justify the relaxation of certain otherwise applicable zoning regulations by granting a Class II special permit for their preservation. 2510.2. Stavndards . 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 shall determine that the following standards have been met before reaching decision to grant a Class II special permit for the preservation of natural or archeological features: 2510.2.1. Aolation to buildable area. That the tree(s), vegetation, other natural characteristic, or archeological feature is in the buildable area of the site and not in yard or setback areas required for the development of the site; 2510.2.2. 71"ees. Where a tree or trees is tha natural feature sought to be preserved, that such tree(s) has a trunk diameter of six (6) inches or more when measured three (3) feet above ground surface where the tree is located; provided, the preservation of rare, historic, specimen, or valuable 1.rees having a trunk diameter of less than six (6) inches may be considered for preservation in peculiar and exceptional circumstances; 2510.2.3. l uratatians on types of regulations thatrmy be relax. That the requested Class II special permit will be granted only for the relaxation of zoning regulations pertaining to lot area, yards, required offstreet parking, height envelope light plane or open space requirements only. W F( 0 AFT Yh fit9{ written application shall be 14l pitted four Class It special PeMit§ and in addlti6h:' 2610.3.1. lbm- atratidn of ,justi ficatian. A written statewt Justifying tht requested relaxation of otherwise applicable zoning reguiatitrns end "iftg evidence that the natural or archeological feature sought to be preserved cannot be relocated; W Sec. 2600. Regulations applying. A D R A F T 7/2 /R9 ARTICLE 26. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS 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 23, 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 n�i applicaiion for a variance will be accepted which would attempt to alter a grant of special exception. Sec. 2601. Reserved. Sec. 2602. Referrals; time limitation. All applications for a special exception shall be referred to the director of the department of planning, 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. 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 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. 603. Responsibility for recommendations; preparation of recommendations; time limitations. 26W.1. l-sponsibility of director of depaarmwt of planning, zra:rrg board oarrsideration. The director of the department of planning 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. 2603.2. PNwratioz of r eawendations and tbw limitations. The director of the department of planning shall have thirty (30) calendar days from the date of receipt of the application for special exception in the office 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. 2603.3. Standards. 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 for the conclusions drawn. Sec. 2604. Submission of complete record to zoning boar; availability for public inspection. The director of the department of planning 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. D R A F T 7/25/89 All such materials shall be a permanent part of the written and public record in the case and shall be available not less than ten (10) calendar days prior to the meeting at which the matter is to be considered by the zoning board, for inspection, copying, and written answer by the applicant, if desired. During this period and upon request, any other person, or any officer, agency, or department of government shall have access to the record. Sec. 2605. Notices; hearings. 2W5.1. Mice on special exceptions. Formal public notice and hearing, as provided in the Code of Ordinance of the City of Miami, section 62-55 (1), (2), (3) and (4) shall be required in connection with special exceptions, and the public hearing shall be held by the zoning board. Sec. L60L Findings; decision; time limitations; further actions. 2606.1. Findings. In its decision to grant an application for special except:en, 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 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 2303, "Special permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance." 2606.2. Torte requirements; l oru tations of extensions. In granting any special exception, the zoning board shall as a condition specify a reasonable limitation of time within which action under such special permit shall be begun or completed, or both. Failure to meet such time limitations shall result in cancellation of the special permit unless, on application to the zoning board and on due cause shown, the board shall extend the time limitations originally set. Application for such extension shall be filed not less than thirty (30) days prior to the date of the expiration. The application for extension of time shall not require formal public notice, public hearing, or payment of fee, but shall be considered by the board only in open meeting and as part of a previously prepared agenda. If denied, the board shall state written reasons for the denial. No original limitation shall be for more than one (1) year nor less than sixty (60) days. No extension shall be granted for more than one (1) year, and not more than one (1) extension may be granted for any such specific special exception. 2606.3. Tonz for reaching decision. The board shall reach a decision at the meeting where the application for special exception is heard and considered; provided, the board may delay a decision for not to exceed thirty-two (32) calendar days when it deems it necessary to require additional information on which to base a decision; provided, further, time limits set out involving action by the zoning board shall not be applicable during the thirty-one (31) days of the month of August. Upon reaching a decision, actions shall be taken as required by section 2308, "Actions following decisions on special permits." 2606.4. Time limitation on further applications after denial of special exceptions. When applications for special exceptions have been denied, the zoning board shall not thereafter consider an application for the same type of special exception on all or any part of the same property within one (1) year from date of denial. Secs. 2607-2650. Reserved. Sec. 2651. 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 32 of this zoning ordinance and the applicable laws of Florida. �� .� � r (�� � ���r $ �$� ������ �a�4 aa��r �Y � L 4 ', 4 g .y�+,{} ,ni � a ����}is� ea;�ac'vg ,�4rF qk,� r� r � c 'G �;ry� i ai �i a. ... _ <. _..... r �'a�r ��.f4,... tt�:c _�f_,7 , ... w ., .. ,.. , . � . ,,. ,�, .k .ir.�+ 1:�e�'� D R A F T i>�I ARTICLE 28, MAJOR USE SPECIAL PERMITS! DETAILED REQUIREMENTS Sec. 9800. 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 0,e intent of this section that the detailed requirements set out herein for major use special permits be applicable to such developments or redevelopments in addition to requirements and authority set out in article 23 applying to special permits generally, 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. It is further the intent of this article that the major use special permit shall be an instro-pent for action by the planning advisory board including all changes which may be necessary in the adopted comprehensive plan, and lipon 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. 2801. 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 200 rooms; (5) Cemeteries involving in excess of 5,000 cryrts; (6) Recreational, cultural, or entertainment facilities involving in excess of fifteen hundred (1,500) offstreet parking spaces; (7) Industrial, processing, or manufacturing activity involving in excess of five hundred (500) offstreet parking spaces; (8) Any combination of uses requiring or proposing to provide in excess of five hundred (500) offstreet parking spaces; (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. (11) Any transfer of development rights. Sec. 2802. Procedures. Application for major use special permit shall be submitted and the following procedures shall be followed and requirements met: 28M. l . I3 egFpl icat icn oon Terence. 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 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. t 1, C D R 4 F T 7It5/89 The director shall ensure that representatives of potentially affected city departments or agencies are present at such conferences and shall further, 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 directed to providing a basis 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. M.2. "licoation; 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 difference; in character, magnitude, and location of developments requiring major u:e special permits, it is the intent of this section 2802.2 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 nced 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 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 _ r special permit shall be considered to be filed for processing: M2.2.1. Cameral 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 with the adopted Comprehensive Neighborhood Plan. M.2.2. Afijor use special pemdt concept plan. A concept plan for the area to be covered by the major use special permit. The topics or items listed in section 2304.2.1 shall be required as they may be related to the proposed development and in addition: (a) The concept plan shall demonstrate not only functional internal relationships within the area to be encompassed but shall demonstrate particularly 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, it shall be demonstrated 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 include any relationships to any special permits, variances, or exemptions from this zoning ordinance or other city regulations that are required in order to construct the development for which the major use special permit is requested. C, D R A F T 7/25/89 (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. 7.9M.2.3. i39leloprrntal impact stilly. As a part of the materials of section 2802.2.2 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, except as herein set out. 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 nel.Alral on the economy, public services, environment, and housing !apply of the city. 2802.3. �Vpliaation, referrals. Upon receipt of a final application for major use special permit by the officer or agent designated by the city manager to receive the same, the final application shall be referred promptly to the director of the department of planning. 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 final application. All materials received by the director of the department of planning 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 preceding paragraph. Failure to respond to referrals will not be deemed to interrupt the process. 28M.4. .hiplication; notification of sufficiency of cgoplication. 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 C"ty 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. 28Q2.5. application; recorwedatians of director of department of planning. 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 shall, within not more than twenty (20) calendar days of the date thereof prepare a report and written recommendations) in the matter of the application. The director shall include any recommendations made by referenced 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 -•ecommendations shall be furnished to the applicant not fewer than five (5) calendar days prior to the meeting of the panning advisory board required by section 2802.6. 2902.6. Aplioations not involuing zoning clines, special eroeptions and/or variances; reawvvdations to planning advisory board. �J- 9 C/(� D R A F T 7/25189 For applications not involving zoning changes, special ex,.c?tions and/or variances the director of the Department of Planning shall submit his recommendations to the planning advisory board at regularly scheduled meetings of the board. Public notice and hearing shall be required in the matter of planning advisory board consideration of the respective portions of an application for major use special permit. Upon consideration of the matters at the hearings, the board may indicate concurrence or disagreement with any or all of the recommendations of the director of the department of planning, and such actions of the board, formally taken, shall be part of the record in the case for transmission to the city commission. 28U2.7. A plications involving zoning changes, special exceptions, cmd/or variances; r¢oorvendatians to the plarming advisory board and zoning board. For applications involving zoning changes, special exceptions and/or variances the director of the Department of Planning shall submit his recommendations to the planning advisory board and zoning board at regularly scheduled meetings of the boards. Public nutice and hearing shall be required in the matter of zoning board and planning advisory board consideration of the respective portions of an application for major use special permit. Upon consideration of the matters at the hearings, the boards may indicate concurrence or disagreement with any or all of the recommendations of the director of the department of planning, and such ections of the board , formally taken, shall be part of the record in the case for transmission to the city commission. 2902.8. .*plic+ation; hearing by city cvmdssiov:. Upon transmission to the city commission of the recommendations of the director of the department of planning, the zoning board and/or the planning advisory board, the commission shall set a date or dates for public hearing on the application, in the manner set out in section 62- 55(1), (2), (3), and (4) of the Code of Ordinances of the City of Miami, and any amendments or _ revisions 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 (1983), and any amendments or revisions thereto. If the proposed development is one of regional impact under chapter 380, Florida Statutes (1983), notice shall also be given as required by section 380.06, Florida Statutes (1983), and any amendments or revisions thereto. The public hearing shall be held, unless the application is withdrawn as provided by section 2310. Sec. 2803. Commission disposition of application; consideration of recommendations; findings required. The city commission may approve an application fai major use special permit as submitted, deny the application as submitted, ci 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 2305, 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; (4) Whether the development will efficiently use necessary public facilities; '1� D R A F T 7125/89 (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 2305 and (1) through (7), above. When a final application for major use special permit is approved as submitted, or approved with attached modifications, conditions, or safeguards, the action ^f the commission shall specify clearly and order any changes in the adopted Miami Comprehensive Neighborhood Plan; any changes in zoning classification or other city ordinances or regulations; any further implementing actions and if so, their nature and requirements; and specifications as to timing of development under the major land use special permit. Sec. 2804. Effect of city commission approval of application. The major use special permit as approved, or approved with attached modifications, conditions, or safeguards, shall be binding upon the applicant or a plicants and any successors in interest, so long as the grant of 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. 2805. 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 for conformity with the application as granted. Sec. 2806. Substantial Ctichanges in approved major use special permit. Changes in an approved application for major use special permit, or application approved with attached modifications, conditions, or safeguards, may be permitted after application to the director of the department of planning by the original applicant or successors in interest. Upon receipt of such an application for change, the director of the department of planning 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 defined, in 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 recommendation of the director of the department of planning, and the recommendation of the planning advisory board and approval of the City Commission, following public notice and hearing as required by Florida Statutes. In the case of proposed changes to major use special permits, the director of the department of planning shall refer the application to the zoning administrator, who shall determine whether such changes are substantial changes, as defined in Section 3515.1. If so, the director of the department of planning 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 -:o the meeting of the planning advisory board at which the application for substantial change is to be considered, of the date, time and place of the meeting, and indicating further where the applicant may inspect, and copy if desired, the recommendations of the director of the department of planning. 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. Upon the transmittal of recommendations of the planning advisory board to the city commission, the commission may take such action as is appropriate iq the matter; provided, if the commission has not acted after two (2) regular meetings of the commission have been held ��.. .,ram,, ..�. � .:.. D R A F T 7*125 `89 ARTICLE 29. RESERVED ARTICLE 30. APPEALS FROM DECISIONS OF ZONING AtM!NiSTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING Seca 3000. 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, Including but not limited to decisions involving Class C special permits. Sec. 3001. Status of administrative decision; time limits on appeal; filing oi` appeal. Decisions of the zoning administrator or the director of the department of planning shall be deemed final unless, within not more than fifteen (15) calendar days of the date such decision was rendered, a notice of appeal is filed. Such notice of appeal, specifying the grounds thereof, shall be filed with an officer or agent designated by the city managpr. Sec. 3002. 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, 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. 3003. 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. 3004. Setting hearing dates; notice. The department of planning and zoning boards administration 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. 3005. Availability of records. All records in the matter of the appeal shall be open to the appellant and any other interested persons, to the end that all persons concerned shall have full opportunity to prepare for the hearing of the appeal. See.:3006. Nearing; powers of zoning board. The zoning board shall conduct the public hearing on the appeal. Any person may appear by agent or attorney. All materials transmitted to the zoning board u.a the notice of appeal shall g�6a J' - - 'S 77 '� z. . "I � Z"4,. r - I`:- � � �11 I � , _ +�.lI 11" _,; 11 ." _,I- -__�;!-_­ I� ,010, :e, I ;, �,­ I ­�, -', . 21) I .'_ ��. l­, �_�,, � V ­ �_�,��!,.�, _ il� m ­,Inl .i_ I ��i, �, �. ;"; �,, �. ,,, - �, � , "A_., " i — � . I I I I I � , I I ,�,� - � --,,,- . � .: I : , , , . I 'i;r, �'.­ * " . 1. � Y'�_ 11� f"I"., ,, : ,_ � � : I I . � 11 � .1 I - I � 4 I I k T., '­ -,����,,.-,-�,�,."."�".*,�.,-,-",,; � I", -, I.' .,,� ,. I I , :7 , — �­ —.,: _� I -y , ..`,. , :j — - t[,:,� t aF4{ the IN aateria#s �� b� received � the: t�n�in� � � " 'j'A a i # in task: ii ti i # sf itot to the det bation of the appeal. s fview t -decision �f the mmimartativt official 0% twice . i +�s000 tsi eavttrity- in t'kin# fNity vrith the proves M 'of IWW . this toning ottdina�Ice, i�e+rer a aiYfi�i . i �+* dectsio� appea#eg frog and �►y 11►kke .such +iecision as � i�=' , - r€�##ir dfi paid#i►� air ter irrodifyt�le board shal# have atl of the powers of the o#ficer fw i rye. to that end, the toning tha concuir►g votes of five r�i Viers of the coning boar! �thai# bk_jMeMi , pla# is taken. �11. any decisiolti of such adMi,�istrativt o#ficiai, or to aecide in favor of the appe##rat. to, .. .. it _ W7. Review of decision of toning board. . _ �.` � boartl on aAtters. tsovered byy this attic#e eheil # get - `' „J .., , iteview of d isions;af the tofiit g tin wtice32 ufthit zoning ordinanca� , . t \F, ''9 , h rr G _ - 9 el'. 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Mt .' r: A ii fi_ 4 ... _,: i .... .. _. , . .. 1 a: .T �, .. .,...:r,. .ln'. ��` tip l:;'= J^'.,iP �..:�. ',°.I D R A F T ARTICLE 31. APPLICATION FOR VARIANCE FROM TERMS OF ORDINANCE Sec. 3101. 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 and other open spaces: It is the intent of this ordinance that a grant of special exception, under article 26 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. 3101.1. Lbe, cmd specific conditions of use, and floor arm 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, accessory uses and "r transitional uses columns or under section 2003, "Accessory uses". 3101.2. 1lbncon fon? ties not gr m3ds for grwzt of variw=. 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. 3102. 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 3401.2.) 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. 3103. 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: 3103.1. 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 would deprive the applicant of rights commonly enjoyed by other properties in th.e same zoning district under the terms of this zoning c:� inance and would work unnecessary and undue hardship on the petitioner; DRAFT /25»9. (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by this zoning ordinance to other lands, buildings, or structures in the same zoning district; (e) The variance, if granted, is the minimum variance `hat will make possible the reasonable use of the land, building, or structure; and (f) The grant of the variance will be in harmony with the general intent and purpose of this zoning ordinance, and will not be 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 shalt be submitted with the petition. 3103.2. Mace of public hearing. Notice of public hearing shall be given a set out in section 62-55 (1 through (4) of the Miami City Code. 3103.3. Public hearirw. A public hearing shall be held by the zoning board. 3103.4. Findings required. The zoning board shall make findings that all of the require-ents and standards of section 3103.1 have been demonstrated by the petitioner for variance. Sec. 3104. Conditions and safeguards. 3104.1. B=dmay prescribe oaiditions 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. 3104.2. 7Y7m 1a7itations. In granting a variance, the zoning board shall 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 thvn 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) extensions of time may be granted for a specific variance. Sec. 3105. 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 for a period of one year from the date of last decision. Sec. 3106. Review of decisions of zoning board on variances. Review of decisions of the zoning board on variances shall he as set out Erg article 32 of this :toning ordinance. y71 D R A F T ARTICLE 32. STATUS OF DECISIONS OF ZONING BOARD; REVIEY BY CITY COMMISSION; COMMISSION POWERS; EXHAUSTION OF ADMINISTRATIVE REMEDIES AND JUDICIAL REVtEW Sec. 3201. Status. Decisions of the zoning board, whether acting on matters of appeal from the zoning administrator or director of the department of planning or acting in their original jurisdiction on matters of special exceptions, or variances, are to be deemed final unless, within fifteen (I5) 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. 3202. 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. 3203. 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. 3204. City commission powers on review. The city commission on review shalt have full power to affirm, reverse, or modify the action of the zoning board. Sec. 3205. 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 c:-dinance 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. ARTICLE 33. RESERVED ■ M Omuta, AI t l V11i �i �r �f VibLilfi 1; toning edMinistrAW f"peftsibib f6w 8ddiinistretlflh VA i ifof nt. ►�.�� icy, ..: :, . �. appoi nted by and responsible to the city Teenager, shall be A zoning administrator, of th respons ible for administration and enforcement i� idg� i shallXbepthe MYOf prjovided herein, with such assistance as the city managers employees of the city, fire and rescue, and t, and e5peciatiy of all officers and inspectors of the depertiknt .o he police department, to report to the toning building and zoning, administrator any seeming violations. 1.2. L.*dtation on pacers of =nirg' cdmnistmtor in d}niniat�+ation and enfbr t• 34D The zoning administrator shall be guided ficates,l in1ted the in of d any determinations, conditions and the issuance or denial of permits or in to administration and enforcement of this zoning safeguards, or in other actions relating rei eY�pnt where saecifically .►,. �e.,,,�. provisions, and requirements set out herein, and shall not. have the., T D R A F T 7/25/89 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. 3514.2. Lind tation on further c msiderat, ion 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; 3514.3. Lindtation on further consideration after cline. 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. 3514.4. Lbrdtat ion on further consideration after voluntary unthdmaal 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 hoard 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 kir:d of rezoning of any part or ail of the same property for twelve (12) months from the date of such action. 3514.5. tVWver of tip 1knits. The time limits set by sections 3514.2, 3514.3 and 3514.4 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. 3515. 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: 3515. 1. Substantial changes defined: changes prior to notice of public he --ring. 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 3502.1(e), using the following criteria: a) the requested change exceeds the zoning regulations: 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 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 reviews and recommendations already prepared and based on the original application, a second application fee shall be required. 3515.2. Qkriges subsequent to notice of hearing, prior to hearing, or at hearing. g� .,..N .After ft'iiite �f publi+c *ar�i� b!i!ort the pi8riaii�g ad�i�b�y boat�� t�niii� NINIiit+li the test my i, bit bed 41VOt change shall he a in t e iw3 iu i would have the effect Of firnitng ,dment whet► creetifig autittafltia� diffEt to 4<AA Any! the matter up6n which hearing it tctuaiiy held. AIM. Changes "r,4! Af I i }: 1 I isiitlE S. E fi to il�li�IM SAVIN ir1AMS' Si�►VAILil`�► { i:�ti�� iN►tE _ Set. ii� s Ratrt to ,remedies. iottiing herein contained shall yrevent the city from taking'crilintil action undo" section, i 341G And such other' lawful action, including, but not limited to, resort to Oquitable Ectiiln�-aS remedy any violation ,,f tfis zoningot'tlii56nCe may be deemed necessary to prevent, abate, or . 3.;,. t Sec. 3802. Saving clause. Any prosecution or other legal action arising from a violation of any prior zoning ordinance, code, or regulation of the City of t ami the effectivedby date this of this zoning ordinance which oorr prosecution or other legal action was pending at t this any prosecution or other legal action begun iolationwithin or application of any limit tin ofar after the effective tanyf prior zoning ordinance in consequence of Y which violation or application of zoning ordinance, code, or regulation superseded hereby, date limitation was committed or begun prior to the effective nanceo code, ornregulationnhad not lbeen tried or determined exactly as if such prior zoning ordinance. superseded. Sec. 3803. Separability. urt Should any article, section, or provision of invt� id ins ordinance �e�9sion eshall snot affectthe _ of competent jurisdiction to be unconstitutional or art thereof other than the part so declared validity of this zoning ordinance as a e-hole, or any p to be unconstitutional or invalid. Sec. 3804. Effective date.' This zoning ordinance shall take effect r >- � ,_ c �. r � �., rut , s .,>��� .�, , S. tit;-W�k h�#S�✓,.ia�.i *gr5.,,�,� w i Mr'1i100VI1NNIftNTAL PROGRAMS __ C)t.1ii :7 PART tl COUNTY AND MUNCPALREGULATION AND LAND DEVEt.CiPMfcf� 103.3161 Short title: intent and Purpose• 1633164 Derinitons. 1033167 Scope of acts this act• 163.3171 Ares of authority " 103.3174 local punning agency 163 3177 Requreo and Optional elements of eompn- hensive Wan, studies am surveys• 1633178 Coastalmarageriirn• hemive 1633181 Public participation in the eompn pWMV process: intent. pion1633184 Process for adoption of cornpreher+s^a or arriendrtient thereto. - 163.3187 Amendment of adopted comprehensive 4; 2 163.3191 Eva�ivation and appraisal of compfehenaive pun . >� 163.3194 legal status of comprehet^srvs pun• x w 163.3197 legal status of prior comprehensive pun• ° 3E 163 3�1 Relatonstup of comprenensive pun to eater- "� development regulatory au we of land • h a thonty. 163.3202 land development regulations. t a F 163.3204 Cooperation by state and regional agencies. a 163.3211 Conflict with other statutes. 163.3213 Admirusmt" review of land develooment regulats 163.3215 Standingtoenforce local comprehensive: plans through development orders. 1633Short title: tegistative intent. 220 163.3221 Definitions. 163.3M Applicability. 1633225 Public hearings. t• ' 1633227 Requirements of a development agneri1en 163 3229 Duratapmer+t agreement. ion of a deve s ..f 163MI Consistency with the comprehensive Olin and and development reguupons. . 1633233 local laws and policies governing a develop' meet agreement. c 163.3235 Periodic review of a development agree- 163.3237 Amendment or cancellation of a devetoO• meet agreement. ' t633239 Rec�rdmg cfev�lopment >+nt g { 9 of a devee?^t t m= m t, 163 3241 Modification or revocation with subsaqusntty -" K { agreement to comply fate and federal law. �25gc�'FiYi 6 �Q �i/�e(n�a!��/}��r�t• t k,•.7 �!'' r¢ K .:183.3243 Enforcement. _�_y—�_�_ y����. r c 3'g ' i ': Af. s 9 lit b r ,. 1fi7.11fi1 Sj" tlbe, W400 WA 0100111010,��1�8 d (1) This part shah be known and may be cited as the q #* f ( J F ^t� 1 Y =•{ Plannin and 5 f r4 't.ocal Government Comprehensive 9. AcV Kr +�ttaRannilyuvwth, and in furtherance of, the Our•fi Fonds EnvironmentalLadd aria water Man• z= �� of Z ° t Apt of 1972. chapter 3W.it is the purpose of � �) ` x Tfi� act to UOU and strengthen the eiG WQ rate, pro. 7 .. oft po wen of IQcal governments to thR Mtab' F,,'.�y',i" ,�+.3 � ,•' y,� g Y _. 4, yy rive_ r+••-,-- r x1� 4 - w. J� l�• C W P Z L A 3 tpve P _ py�j' ti 3�€NA to gt�ldeand!'Ont f u�et �S 3. t•�i.j is - r¢ n h is ow intent of this act that iitti�adQptan � fteC• ' ` �+ � 4F.:.� "+4 t*t '"u. 'x"rE xoa' .. ,a f• ,�*"' +'itr 'z,• esw softf �••" _ - V fc ati T4 "�R .rwN encourage tro I.Mt t � fl` x � v. t## � k �j f lonhl "ter.and re#ouress. ca►aietant W f �qv «�� interest: overcame p f { 3 • met, MAY cavil `i a t4 Th ,, f� efte�ti " with future protws N. j 1_w� N� ef: 1 NM�Y� /�/� lopffi lit at Jun * _ zl ss $ flaftl the play{ t# t �•Througn me ie v; t _ .. '�41="�.initi'.k.S is _. i. i ,,, .:. _....-_ .. „� - c-•••;•�'Y,� �'SP.�'��C��� - - - _WA a D FIX MY M TOWIVERNMENtAL PROGRAMS ire. In Cabons and boundaries may be established. which is = da"nated by its owner or developer as land to be used. Of developed as, a unit or which has txem used or devel- oped a a unit. (16) 'Psraon' means an individual, corporation. gov- emmental agency, business mist, estate. trust. Partner- ship. ttssodatsort, two or more persons having a Cant or corrsmon nterast. Or any other legal entity. (17) 'Public nobcW or •due public notice' as used in confactan with the phrase 'public hearing* or 'hearing to be held after due public nOhCf' means publication of notice of the tine. piece. end'pirrposs of such hearing at Nast twice n a rtewspapsrof general cveulatron in the are, with the two publication not Was than 14 days pnor to the date of the hearing and the second to be at least 5 days prior to the hearing. (18) 'Regronal planning agency' means the *agency designated by the state land planning agency to exer- = CM resbonsrbilities under law in a particular region of the state. MOM (19) 'State land planning agency' means the Depart• merit of Community Affairs. (20) 'Structure' has the meaning given it by subsec• tion 380.03109). (21) "Land development regulation commission' means a commission designated by a local government to devetop and recommend. to the local governing body. land development regulations which implement the adopted comprehensive plan and to review land level- opment regulations. or amendments thereto. for consns• tency with the adopted plan and report to the governing body regarding its tindtngs. The respons"tnes of the lsnd development regulation cornmtsswn may be per. formed by the focal planning agency, (22) 'Land development regulations' means ordt- nances enacted by governing bodjes for the regulation of any aspect of development and includes any focal government zoning rezoning, subdivision. building con- structron, or minim regulations or any other regulations controlling the development of tend, except that in* def. init on shah not apply in s. 163.3213. (23) 'Public facilities' means mapr capital improve- ! meets. including, but not limrled to, transportation, sanr terry aewer• solid waste, drainage, potable water, educa- hQftaf, parks and recreational, and health systems and facilities. _ s a>e�M i, cn ►3ii1. N. m PS-190. f to. ah fat-tp. a- 10, en a-SL 14 „1167 Seep. of ACL— __? (t) The several incorporated municipalities and txeunttea snail have power and responsibility (a) To plan for their future deveWpment and growth. (b) To adapt and amend Comprehensive plans. or el- f emNmts or porbgns thereof. to guide then future develop W40 and growth. �C) ' To impfamsnt adopted or amended comprehen. irvs plats by the adoptiflrl of SPOrapnate land develop AMht regulatim or elements thereof. d) To 4nt49*th. support, find mantain adi>a*stra• f rMrwnortta SM procedures to clay out the proof• $WM ono purposes of this act. f The powers and authority set out in this act may be em- played by munictpabties and counties to ivicluatty or patty try mutual agreema" in accord with the prow saorma of this act and in such aombinatiorm a nw carw man interests may dictate and require. (2) Each focal government shall prepare a compre- hensive plan of the type and in the manna set out in this act or sham prepare amendments to its exiting carpi hensew plan to ConforM it to the requirements of this Pan in the manner set out in this part. Each loan govern- ment, in accordance with the proredeee in s. 1632164. shall submit its complete proposed comlxahanswe plan or its complete comprehensive plan a proposed to be amended to the state laird planning agency by the date specified in the full adopted by the state land oWruirtg • agency pursuant to Mrs subsection. The state lamb plxl- ri ng agency shall. prior to October 1. 1987. adapt a schedule of focal governments reduced to submit tah- plete proposed Comprehensive Gans or comprehensive plans as proposed to be amended. Such schedule sham specify the exact date of sutxntssion for each total gov- ernment. shall establish equal. staggered submissrcm dates. and shall be consistent with the following time pe• nods: (a) Beginning on July 1. 199, and on or before July 1, 1990. eacn county that is required to include a coastal management element in Its corimprehensive plan and each municipality in such a county: and (b) Beginning on July 1. 1989. and on or before July 1. 1991. an other counties or murnap"ties. Nothing herein sham preclude the state land planning agency from permitting by rule a county together with each municipality in the county from subnnitting a pro - Posed comprehensive plan earlier then the Rates estab- lished in paragraprts (a) and M. Any county or muna- pality that tads to meet the schedule set for sutmtission Of its proposed comprehensrw Dian by more than 90 days shall be subject to the sanctions descnbed in S. 163.3184(11 Xa) imposed by the Administration Commis - stun. Notwithstanding the time penods established in this subsection. the state lard planing agency may es• tabtish later deadanes for the submission of proposed comprenensi a plans or comarahemsive plans as -pro. 'posed to be amended for a county or municipality which has all or a part of a designated area of Cntca) state Corr• Cam within its boundaries: however, such deadimes shalt not be extended to a date later than July 1. 1991, or the time of cle-destgrtahon. whichever ra earlier. (3) When a local government has not prepared an of the required elements or has not amended its plan as required by subsection (2). the regional Dlai nng agency havNq responsibility for the area in which the Well gov eminent lies shad prepare and adopt by rule. pursuant to chapter 120. the missing elements or adopt by- VA amendments to the exating plan in accordance with Otis act by July 1, 1989. or within 1 year after the dates~ apecr- fted or pmvKW in subsection 12) and the state land plow" agency, review schedule. whlChevW Is late.. The regional planning agency shoo provide at Nast 90 days' written notice to any focal government whose plan : it is required by this eubaettlon to prepare, prior to ninth aWV the panning process. At feast 90 days billions the 0 tor and oversee the recornmend and SW nag egen� -Y a the esybhefxrant of its bcal Plc of the Ntens ve Plan andto the agency. The best Planning agency shalt preparethe UA y such changes h tM a� ehenerye pion after hearings to be held after the plan as my from time to time be reQuKed• notice end shW make �ration of the periodic reports ril ed bybody regarding •• P to adoption d such � or Pap . The agency may be a local 163.3181. osed land davelodf1e^t MVAboris. Of the lo- tc1 is thereto. and dement a portion dePcrtiTfeftt Review ing Plar". this ple+rrng a land deVeiopriant eodea. ex ant+andmen as to eta Cal governinn a. or other instrunentakty, including make mmi nendations to the govef nkhg body P entity established by speed Oct ar t y of the proposal with the adoptthi m- countywidea councd a local goverment otficdats � P hensive Plan. or eMment or portion t1en0t' land dlv*WPMGM to s. 163.OZ. p dates of verning�the c � cal ptaiWV « � thegee fatly both the Ioeal 0 and the lend county at j awes. ho entity is mdstenea on the ef• - (a) d a jorf plsruag entity fective date a thist etatf0 ( t � � body or by gen, b0d� prow functlicrill. dub" area. that entity shalt . sitAties assigned to it by the governing five throwout the f�ht end of special law* be the agency for those local goverrtrnents until such (5i au meetings of the local plarumh9 agency shall be tins as the authority of the pa+t planning entity is moth• public meetings. and agency records shall be public net- tied by cn r law. • plannsg Ords. . I. a► rras a a a. (b) In the ease a chartered cram �„„M,..... a. s-ar. r"ps,b*W between the county and the several mu• and opfional elements of earn, nxapatitles therein shall be as stipulated in the ~Or- 1 R spndies and surveys•—� Noth>rg t the governing g P aw consist of mate"• in this t that motes m creating (1) The cinritpnansnie plan bo(d�y of a local go Se�g two or more lunsdictans als in such des=Ptrve form• written or graphic• as may a local panning agencyprescription of pnnaples. guide• ea creating as own focal planning ogee• be appropriate ar the pre or and balancedCy. Any futon suchfrom governing body which continues or creates lines. and standards for Vie orderly and fiscal de• da Own bcd planning agency may designate which local ecor n�• social. phYs • plilinriong >►4 tuetctions, powers, and duties will be Velopment of the area. eletnettts Of the local Coordination of the several pWW"*d by each such local OWmV agency (�plan " be a maps ObOctive Of the (3) The governing body or bodies shalt appropriate process. planning The several +eats a the • funds for salaries. fees. and expense! y and hensive plan shall be consistent. and the 1e^' ca duct Ot the work of the local planning agency shalt also estabkh a schedule a tees to be charged by sine Plan shah be emsrve ca10"�y� contain a caW the agency. To accOmOsh the purposes and act. itieswith t3iial vt" is OWWt do ad to consider the authonzed by thus act. the local y or bodies agency. with tat unpneed for and facilities m order to the approval of the governing body or boeses and in e need tea anthe d et lfficWnt ocation of a � Miss and core with the fiscal pre"cas therea. may expend encourage fed and other suns made available set forth: :ants so appropriated ts. state on 1. A eomPWW'It vrFdt:h outlines P for cb^• for use from fees. gdta.;tau or t stance struetlon. extension. or increase in ► a PAW fa- for bans• and other fora bodies n- C"es. as welt as a C, ponar>t vvtadt outlines p P1es of loam must be approved by governing g extagng public McilttY deficienaea• which forplan. vo d.The focal plannp4 >► shalt COMM f � The co its S W coverto t do Matt � , rgponstbdhty for the Conduct of the ath (_afitntate I public facility, costs, including a f�a hg program. 5peGific*' the local Pews fah• cation of when fait es will be needed. the general Ices• cy alive: revenue sources to tat to �ger,Cy nspw,*W for the WSWaWn a lion a tfte facilities, and Projected =; the f1Ye plan and shalt matte fund the facilities• to enuue tM availability a ti- _ tans to the govemut+ogrbodY n . adoption a 3. Stsrthe ad of those faedlib" InckIC rig sc7 sum pan or eleriMn portion t��• �g ifs prep. Coto and the at SW cY lion to captabM a skqxovwmft ervice. "no" shall be is - How �( at the plan a PW l alropW>nwg age hold (b) MY � thlgoverrwq body notice. eat viewed on art anra�l basis and ritodified as naceswY ft Mrs« ate puhNc ha11il". with duo PubuC ea• The lo aexordance with except that ttta Mo09e�d pion tea. and mittens hg • revernie ex NNttent or porpori Costs• gpvatsrtg body in cooperation with the focal Planning upda a fac* Ms Pursuant to dedica• y h gg fate ant► ag�y. cp"att "", depart • sMMV', tent ^nth tfa pMn: or the distil lot " plan cr tlorta witch an d in the Cl is wit. or perrw+ to PraP�! lion of the e�etatnaCtion of any 1aCfIN . --^fit t1Mea. but "^ ".f_T"" ' is �Iel11Mt •."•7e SO�Y �t,ataFh plan to govatsng bony anew be the shW not be dowNd to k1e s 1Witfity'ot tnft *W Ppmng Agency.oil _ i r- PA. illy �_IMMMMMOWAL PROGRAMS— OL Ifs _ 4. The provision of adequate sates for future hour- - mg, including housing for low-atcome and moderate- _ how families. mobile homes. and group tame facik- liM and foster care faciMies. with importing infrastruc- - tun and public faatities. & Provision for relocation housing and identit" lion of histWCW Significant and other housing for pur. - poses of conservation. rehabilitation. or repbacernatt. & The fo►nxttabon of housing implementation pro. For those units of bear government identified in s. 3W24. a coastal marngertnent element, appropnately - related to the psroaBar nquayrernents of Paragraphs fd) ado (0) and meeting the regtarernerits of s. 163.3178(2) - and (3). Thu coastal management element shah set forth the posses that shalt guide the local govemment's dace. _ sions and program implementation with respect to the• - following objectives: 1. MMtenW=. restoration. and enhancement of - the overall quality of the coastal zone environment, in- cluding, but not limited to, its amenities and aesthetic values. Z Continued existence of viable populations of art scam of wiidwe and manna life. 3. The Ord" and balanced utilization and preser- vation, consistent with sound conservation pnnciples, of as firing and nonliving coastal zone resources. 4. Avoidance of irreversible and irretrievable loss of Coastal zone resources. S. Ecoorzai planning principles and assumptions to be used in the determination of suitability and extent of permitted development. ` 6. Proposed management and regulatory tech. n�• 7. _ Limitation of public expenditures that subsidize development in high -hazard coastal areas. 8. Protection of human life against the effects of natural disasters. '" 9. The aroerly development and use of ports identi- 'fied on, s. 403.021(g) to laatitate deepwater commercial navigation and other related activities. .' 10. Pnsarvatan, ir+duding umsttive adaptive use of mom and archaeological resources. An intergovernmental coordination element O WMV reatiornstnips and stating principles and 9Wde- `Wft to OR used in the accOrnplishment of coordination Of theadopted comfxetnruene plan with the plans of Id" boards and other units of local government pro. veiling services but not hevoq regulatory authority over i►le We of hand. with the c ompn www" plans of adra- �nntrrnurae iUes. the county, adpcen ICamties. or the And with the state comprehensive plan, as the atilly requM and as such adopted Fans or plans =° prPraport may exist. This elemlent of the local com- k =' In t risivt plan shale demoretrate cortsideration of the OWUM fu`Mf"% of the local plan. when adopted. upon tint dnvetopntent of adjacent municipalities. tine county. tint mob" arthe rat or on the stets comps 'fn/t�iYe canard, as tfte C04 a" require. art iW optr" elements of tha camprehanaive �^ I t 11t in pttrtgr# (7Xa) and (b) are nQUOW Olem its r �Wt 4w rt+"IS of tpCaf gm w nriisnt having POPtdations r own 60.OW. as detorntined under e, 186al. (7) The comprehensive plan may include the follaw* ing eeditmal elements. or partnons or Phases thereof: (a) As a part of the ascuaabM element of paraghph — (6Xb) or as a separate elernem. a mass -transit element showing proposed Mott tods br the moving of people. rights -of -way, terrmnsis. related facilities. and fiscal considerations for the accornplishrrient of the element. (b) Asa part of the prculatiorn eleene t of paragraph (MM) or as a separate ek~t. plans for port, aviation. and related flrAties coordinated with the general circu- lation and transportation element. (c) As a part of the Circulation elennsnt of paragraph (6Xb) send in Coordination with paragraph (6)(e). when applicable. a plan element for the circulation of rear ationel traffic. including bicycle fecititws. exercise trails. riding facilities. and such other matters sa may be elect- — ad to the Improvement and safety of movement of an types of recreational traffic. (d) As a part of the circulation element of par "h (6Xb) or as a separate element, a plan element far the development of offstreet parking facilities for motor vehi- cles and the fiscal considerations for the accomplish- ment at the element. (a) A public buildings and related facilities element showing Locations and arrangements of civic and com- munity centers. public schools. hospitals. libraries, po- lice ano fire stations. and other public buldings. This plan element should show particularly how it is pro- posed to effect coordination with governmental units. such as school boards ar hospital authontos. having public development and service responsibilities, cam* ttiMties. and potential but not having land development regulatory authority, This element may include plans for - architecture and landscape treatment of their grounds. (f) A recommended community design element which may consist of design recommendations for land subdivision. neighborhood development and redevelop - meet, assign of open space locations, lino similar mob tars • to the end that such recommenaatons may be available as awe and guides to developers in the future planning aria development col land in the area. (g) A general area redevelopment element co"ist- . Mg of plans and programs for the redevelopment of slums and blighted wcatans In the aria and far commu- nity redevelopment. mcUling housing sites. business and industrial sites. Public buildings sites. recreab" facilities. and other purposes authorized by law: (h) A safety elernent for the protection of resid"te and property of the area from fire, humcane. or mop - made or natural catastrophe, such niece/:dry features for protection as evWMtwn routes and ttlett control in an emergency, water supply regwromerits, minimum road width& cleuances around and Navaaons of structures, and aimilar matters. (i) An historical and sc:eno preservation aleiet.nt r setting out plans and programs for thoseruottulati or lances in the area having historical, archasoiogicah, arch, s tectwat, scow. or similar MWIif cance. (!1 An eCanOmIC alelhent vetpng ford+ principles and guidelines for the comm" and industrial .derrelow ment, itany, #rid the amployntent ar►d nunpoww utdsa- - tion with tint area.'.The eh mwt may deltas tint type of commercial send in"U* dite opniant solght: &$W 46 ;, FAL I"? 1W ROOVERNMUMAL PNWRAMs 9% IN (d) Chapter9J-5. F.A.C.. dice riot mandate the exe- ation. Wradatcon. or elimination at regulatory authority. nor does it authorize me adahption or regm the repeat of any rues. criteria, Of standards of any local. regional. or state agency. (e) tt is the Legislature's intent that support data at summaries thereof shall not be subject to the compli- ance review process. but the Leg"hre Intends that goals am A M 1:i s be Cie" based on appropriate data. The department may utilize support data or suffames thereat to aid in its datermiinstion of comtpkanae and consistency. The Legislature intends that the depart- ment may evaluate the application of a methodology uti- lized indata cell Mx or whedtar a partialar methodot- ow is professionally accepted. However. the depart• mant shag not evaluate whether one accepted method- ology is better than another. Chapter 9J-5. F.A.C.. shag not be construed to require original data collection by lo- qi govemtrcants: however, load governments are not to be discouraged from uukwV onginai data s0 tong as methodologies we prof fly acceptsd. (f) The Legislature recognizes that under a. 163.3177, local govemments are charged with setting levels of service for public facilities in thew comprenen- awe plans in accordance with which development or- ders and permits will be issued pursuant to s. 163.3202(2Xg). Nothing herein stall supersede the au- thonty of state. regiom. or local agencies as otherwise provided by law. (g) 0efaations contained in chapter 9J-5. F.A.C., are not Intended to modify at amend the de6nitioris utilized for purposes Of other teams or rules or to establish or limit regulatory authority. Local governments may as- tabksh attemstive definitions in local compnfhensrve plans. as long as such datinitions accomplish the intent a( chapter 163. and chapter 9J-5, F.A.C. (h) It is the intent of the legislature that public facdi- ties and services needed to support development shad be'avadWW concurrent with the impacts of such devei- opncarnt. in massing this intent. public facility and service availability deemed suttiaent d the public facag- tes and services for a development are phased. or the W+tlopnterit is phased. so that the public facilities and dose'related services which are deemed necessary by the tocai government to operate the facilities na essitat- ed'by that development are available concurrent with the impacts of the developrttertt. The public facilities and aerviess. unless already available. are to be consistent with the capital hnprovements elerram of the loot corn- prshartarve plan as wItared by a.163.3177(9Xa) or guar- anteed in an enforceable daveloprment agreernorit. This she# include development agreements pursuant to chapter 163 or in an agreement or a development order iasurd pursuant to crapta 380. Nothing herein shag be cxtrtstrued to rogean a local government to address sair- ion in its capW improvements plan or to faint a focal �overnrrcenrI ability to address any service in tits capital umprovr+eteens plan that it dasma necessary. (I)' The ospeirtme nt *has take into account the fac. tatrttdalirmlied at rile 9J40MM. F.A.C.. as it provides $wlagOM to local powervrwts and applies the rule on nooft aug3wam whin regaeo to the astad at the pats Ora #001v*l*quNf:, N Chapter 9J-5. F.A.C., has become effective pur- suant to s. 163.3177(9). The Legislature hatraeby directs the department to adopt amendments as necessary which conform chapter 9J-5. F.A.C.. with the require- nants of this legrslabvs intent by October 1. 1988. (k) It is the intent of the L.agis)shre that there should be no doubt as to the legal standing of chaptar 9J-5. F.A.C.. at the dose of the 1966 legislative session. Therefore. the Legislature declares that changes made to chapter 9J-5. F.A.C.. prior to October 1. 1906. slag not be subject to rule challenges under a. 120.54(4). or to drawout proceedings under s. 120.4(17). The entire chapter W-S. FA.C.. as amended. 00 be subject to rule challenges under s. 120.b6. ss nothing hmelt shah be construed to indicate approval or disapproval of any portion of chapter 9J-53 F.A.C., not specdiagy ad- dressed herein. No challenge pursuant to I. 120.56 may be filed after July 1, 1987, Any subsequent amendments f _ to chapter 9J-5. F.A.C.. exclusive of the amendments adopted prior to October 1. 1966 pursuant to this act. shag be subject to the fug chapter 120 process. AN amendments shag have effective dates as provided in chapter 120 and submission to the President of the Son - ate and Speaker of the Mouse of Representatives shag not be required. worn,—$ r a rs-z" f 1 CH 77.1 r• • 1. dh W 134 f s. M 833-Zo s 1 d1 15-a a E cn WS& 4 1. CAM /3.301, s r. en W 191 14"178 Coastal man nomierit.— (1) The Legislature recognizes more is significant in- terest in the resources of the coastal zone of the state. Further. the Legislature recognizes that, in the event of a natural disaster. the state may provide financial ial assat- artcs to lAl governments for the reconstnreW of roads. sewer systems. and other pubic facilities. Thew fore, it is the Intent of the legislature Mat local govern- ment comprehensive plans restrict development activi- ties when such actmtos would damage or destroy coastal resources. and that such plans protect human life and firm at, expenditures in areas that are sub- _ loci to destruction by natural disaster. (2) Each coastal management element regLwvd by a. 163.3177(6xg) shag be based an studs. surveys, and WE be consistent with coastal resource plane pre- pared And atdopted pursuant to general or speaal law: and contact: (a) A land use and inventory map of existing coastal uses. wddlib habitat. wetland and other vegetative com• munities. undeveloped ana& areas subject to cosotsl flooding, public access routes to beach and shin W sauces. tustoric presarvsitian areas. and other *fees of special concern to local goveriun L (b) An analysis at the environmental, socioeconom- ic, and sisal impact of development and redevNopnlent proposed in the future land use plan. with requsir id aft - structure to support this devallooffient of redevelop - ma nt. on the natural arid historical resources of the COW and the plants and principles to be used to coritrpl development and redevelopment to eliminate or rm* gate the adverse uripitaM on cooft wetfatic>1s: fiyirp manna resmoss. barrier isimids. including be*M ,.tuft dune systems: unique wifdkte habitat. histor" and ar* . dw a"* Oda: and other traps toesW MSWM. I11A,1w fNTE 00MNMENTAL PROGRAMS ft tea fhe manna prescribed in this section. The state land plairirtg agency shall have responsibility for pan w view. coardinabori. and the preparation and transmn- sion of continents. pursuant to this section, to the local ( LOCAL mspwstft f T iTRRANNSSMI Ovdi PRO- POSED PLAN OR AMENDMENT. — (a) Each local governing body shelf, "ImKilately fol- lowing a public hosing pursuant to wAlseedon (15). transmit 10 copies of the Compieto proposed compre- haftsive plan or plan amertdntem to the state land plan - riling agency for written comment. The local governing body shag also transmit a copy of the compete Pro- posed comprehensin Dian or plan amendment to any other unit of local government or government agency in the state that has tiled a written request with the govern- ing body for sucn plan, element. or plan amendment. (b) A local governing body shall not transmit Par- tions of a plan.or plan amendment. In the case of earn- prehens" plan amendments. the local governing body shall transmit to the state land planning agency only the elements proposed to be amended along with the tom - plate amendment and in cases in which the plan amend- ment is a result of an evaluation and appraisal report adopted pursuant to s. 163.3191. a copy of the evalua- tion and appraisal report. Local governing bodies shall consobdate alf proposed plan amendments into a single sutonasan tot each of the two plan amendment adop- tion times during the calendar you pursuant to S. 163.3187. (4) INTERGOVERNMENTAL REVIEW. —The state land planning agency upon recect of a local govern- ment's complete Proposed comprehensive Plan or Plan amendment shall transmit. within 5 working days after such receipt, a copy of the Plant or plan amendment to various government agencies. as appropriate, for re- sponse or comment. including. but not limited to, the Department of Envirart mental Regulation, the Oepsrc• ment of Natural Resources. the Department of TrsnsPor- t"W, the water management district, and the regional pmmrw g counci . and, in the case of municipal plans, to the county land planning agency. The governmental agar shag provide comments to the state land plan - rag agency within 45 days after receipt of the plan or plan amendments. The appropriate top" Planning coUrgo SW atso provide its written comments to the Stahl Wtd pf#rAN agency within 45 days after receipt of the plan at Plan amendments and shag specdyr any objections. recommendations for Modifications. and comments of any other regional agencies to which the r Plarirantg council may haw referred ten plan. 5) REt310NAL AND COUNTY REVIEW. —The re- view of ten regiond Planrtng council pursusant to su b- saatialli (4) stag be pr>trsarsly n the Context of the role tionsi ip tied effect of the Wally subnatted pled or plan am ndmennts an any regional polcy plan developed put• su entto a. la)li.507, A regiorld planning Cowtcxl shag not. )10MtwW review and comment on s comprehensive pan it Orono" no raft" the plan has been changed by tttPlowopvefrmsrst t to the preparation of �ttt�Ov loythe neww planritig agency. The review of ttMllgOtMttYlamd plar4Wq *QonCY Pursuant to su bso ctton }. (41-00( 06 qMnI11111Y in tM context of the roationsnip and effect of the Wagy submitted plan or Olen amend- ment on any cowty comprefinensnre plan element. (6) STATE LAND MANNING AGENCY REVIEW — The state land PIUMg agettcY. upon receipt of cam' ments from the venous government agenciM. shall have 45 days to review comments from the venous goven- ment agencies along with a focst government's Compre- hWM" plan or plat amendment. During that period, the state taut Pla+ntn9 agency shag w^snst in writing its comments to the tows government along wroth any abet - two and any recommoridations for modifications. (7) LOCAL GOVERNMENT REVIEW OF COM- MENTS: ADOPTION OF PLAN OR AMENDMENTS AND TRANSM fTTAL.—The local government shy review the vMtten comments submitted to it by the state land Plan- ning agency. and any other person, agency. or govern- ment. Any comments. recom3 endations. or objections and any reply thereto shall be Pubic documents. a part of the permanent record in the matter. and adnassiae in any proceeding in which the comtxenens" Plan or plan amendment may tie at issue. The local government. upon receipt of written comments from the state land planning agency, shag have 60 days to adopt or adopt with changes the proposed eoMPrehetsitro loan or s. 163.3191 plan amendments. In the case of comprenen- sive plan amendments other than those Proposed Our- scant to s.163.3191. the beat government shall have 60 days to adopt the amendment, adopt the amendment with changes. or determine that it wig not adopt the amendment. The adoption of Me Proposed plan or plan arnemdment or the deter inabon not to adopt a plan amendment, other than a plan amendrrnem Proposed pursuant to s. 163.3191. shag �� inn the � CThCO"Of a public hearing pursuant government snag transmit 5 copies of the adopted COM- prehens" pan or, in the case of plan amendments. 5 Copies of the element amended and the text of e amendment to the state lain planning agency worfcwmg days after adoption. The bed governing body Shag oft transmit a Copy of the adopted comprehenstw plan or plan amendment to any other unit of local gov. eminent or g"Whi o ttal agency in the state that has filed a written request with the governing body fora" copy of such Plan, element, or plan amendment. (9) NOTICE OF INTENT. - (a) The state land planting agency. upon receipt of a facet govWnm@nt's adopted comprehengme plari of PIN amendment. shag have 45 days for review and to dsfor ii e if the plan or plan amendment is in comph area with this act. The state land planning ageneY May' not find a local plan to be not in CwftP = unfeas the state Land planning agency has partuapated in ten pub- lie hearing pursuant to subsection (7) If requested to do so by the appWWM boat govoiMment. The agency's do - termination of compliance shag be only based upon OW or both of the following: 1. The state land planning agency's writt n c Monts to the locd government pursuant to w lsee rt (6): and 2. Any Chang" mode by the local gomr�rnrnent Rf' nterig. the compmransive plan or plan ame O�p Wit.. P 1l11. INTERGOMNIVIENTAL PROGRAMS Cfn. -1$3 critical state concern shad be effective until it has been reviewed and approved as provided in s. 380.05. (15) PUBW KAMf3S — (a) The procedure for transmittal of a complete pro- posed comprehensive per+ Of plan amendment pursu- ant to subsection (3) and for adoption of a coinprenen- "plan or pion amendment pursuant to subsection In shah be by atfi<mative vote _of not less than a majority of the total nNnnberaftip of the governing body in the man- ner prescribed by this subsection. The adoption of a comp ratienawe plan or plan smandmeit shall be by or- dinance. For the purposes of Vansmi rig or adopting a comp►etenstve plan or plan amendment. the notice rs- quprementa in chapters 125 and 166 are superseded by this subsection. (b) The local governing body shall hold at least two adverused public hearings on the proposed comprehen- sive plan or plan amendment as tok ws: 1. The first p A*c hearing shad be held at the trans- mittal stage pursuant to subsection (3). It shall be held on a weekday approximately T days after the day that the rust advertisement is purbbshed. The intention to hold and advertise a second public hearing shall be an- nounced at the first pudic hearing. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday approximately 5 days after the day that the second advertisement is publ►shecl. Except as provided in paragraph (c); the advertisement shall state the date. time. piece of the meeting. the sub- IM of the meeting, and the place or places within the boundaries of local governmental entity where the pro- posed comprehensive plan or plan amendment may be inspectsd by the pudic. The advemseimsnt shawl also a0m that interested parties may appear at the meet- ing and be heard rogardaig the transmittal or adoption of the comprenensin plan or plan amendment. (c) If the proposed 'comprehensive plan or plan amendment changes the, permitted uses of land or cttMtges land -use categones, the required advertise- mehtsshad be no Was titan one -quarter page in a stan- dard ue or a tabloid am newspaper. and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shad not be placed in that pa Don tit. site newspaper where lagal notices and cdassi- 6ed advertisements appear. The advertisement shad be PA*M p in a newspaper of general paid circulation its the county and of general interest and readership in the colmKi ity, not one of limited subject matter, pursuant to chapter so. Whenever posaabic the advertisement to sow in a newspaper that is published at ►east 5 days a we", unlass We only newspaper in the cornmu- my as Mao then 5 days a week. The advertise- ffr;ahWt be in substanhOly the bpovr" form: fC= OF CHANIN OF LAW USE '!lM prop"" to 9e the If! MntpNr} 00 >Nllea ihQwan in the map in this nth fifer tQ lads lt+! Pia"wo be I" on -jam The advertnsemant shad also contain a geographwc IoCII- tion mac which clearly indicates the area Covered by the proposal. The map shall include major street names as a means of identification of the was. t. at 664 tU i a atia1. a & ah 1i-iti 49. a+ t7.3at. a /. a. q.7�. S. 18. 3187 Aaetertdment of adopted oamprehensire plan. — (1) AmerndnMts to Comprehensive plans adopted pursuant to this part may be Made not more than two times during any caWXW You. except: (a) In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year d the additional plan amend- ment recowes the approval of all of the members of the 9averning body. 'Emergency' means any occurrence or threat thereof whether acadentd or natural. caused by man. in war or peace. which results or may result in sub- staauitaal injury or harm to the population or substantial damage to or loss of property or public funds. (0) Any local government comprehensive plan amendments directly related to a proposed develop- ment of regional impact. Including changes which have been determined to be substantial deviations and rn- ctuding Florida Quality Developments pursuant to s. 380.061. may be initiated by a IOCel ptanrwV agency and considered by the local governing body at the same time as the application for development approval using the procedures provided for local plain amendment in this section and applicable local ordinances. without re- gard to statutory or low ordinance limits on the frequen- cy of consideration of amendments to the local Compre- _ pensive plan. Nothing in this subsection shall be deemed to require favorable consideration of a plan amendment solely because it is related to a develop - merit of regional impact. (e) Any local government comprehensive plan ameix,nents directly related to proposed small scale development activities may be approved without regard to statutory tints on the frequency of consideration of amendments to the local Comprehensive pion under the ro" conditions- 1. The proposed amend ent is a residential land use of 5 mares or less and a density of 5 emits per acre or less or involves other Iand use categorifs. satgtstttly or in combination with residential use. of 3 acres or less and: a. The cumulative effect of the above condrtiat shad not exceed 30 acres annually; b. The proposed amendment does not involve the same property more than once a year: and c. The proposed amendment does not involve rite same ownw s property witlnat 200 fat of property Want - so a change within a period of 12 months 2. The local government shad provide a serrlaeO.30 report to the state land planning agency by July 1 and by Dec~ 31 of each calandi r year summ tizi ng t11e type and frequency of use of the exerrnpWN end t1N ate tion taken on each by the local "vernment: and 3. A local government to not required to Comply with the (equeemer» s of s. 163.311W15Xe). for Platt annrttlrtner►ts pursuant to uus d rite locptl go* . F-A 1"T IfiTERGO MNMENTAL PROGRAMS Ch.1t)3 the govem(ng booty until such regulation, code. or amlafnWttent has been referred either to the local plan - riling agency or to a somata aril development regula. tion oomirruu+ort created pursuant to local ordinance, or to both, for review and necorrsfneridation u to the rela- tiernstnip of such proposal to the adopted Comprehensives plan. or element or.portron tt»reof. Said recomnionda- lion stall be made withwt a reasonable time, but no later than within 2 months after the we of reference. it a rec- orrirre MbM a not made within the time provided, then the governing body may act an the adoption. (3xa) A development order at land do"lopmorit regulation shall be consestet3t wrth the comprehensive plan d the lard uses. densities or intensities, and other aspects of development permitted by such order or rig• ulation are compatible with and further the obwtives. potiaes. lard usft and densities or intensities in the comprecertave plan and if it meets all other cmtana enu. merited by the iota government. (b) A development approved or unowtaken by a lo- cal government shad be Consistent with the comprehen. we plan d the land uses. densities or intensities. capaci- ty or size. timing. and other aspects of the deveboment We Compatible with and further the objectives, policies. Iand uses. and densities or mennsites in the comprehen- we plan &till d it meets ad other criteria anumerated by the local government. (4)(a) A court, in reviewing local governmental ac• lion or development regulatnoris under this act, may can - coder. among other thugs. the mumnabwhess of the comprehensive plan. or element or elements thereof. s- lating to the issue Nstnaably raised or the apptopnate- rness aril Completeness of the comprehensive plan. or element or elements thereof, in relation to the govern. mental action or developmenit mqutaaton under consid• crow, The court may consider the relationship of the comprehenove plan. or element or elements thereof, to the governmental action taken or the development regu. Isporn involved in Migatiori. but private property ahad not be taken without due process of law and the payment of lute Compensation. (b) It a the intent of this act that the comprehensive plwri set gsnoral and principles concerning its plea and contents and that this act shall be con- 5"Od broadly to accomplish its sated purposes and The tan-narttpt status of Iands classified as erg• rigdtuni toxW S. 193.46100 not be affected by any comp►shatrtsnr. plat adopted under Mis act as long as f , laid mints the Criteria abet forth in s. 193.461, Ito M-W-.i-eri -, 11=97 Low spa efoift eomprohuaiw Plan. meeting the requirement of comprehensive plan SOW tion set out m this act. provided ad .Moemerta of M act are met. wiM* ,-s I1 en rs 3st. a it a4 eats, 163MOI Ratselatahip of c011111r+eMneitre Plait to enrol" of tend development NgcMataly sutlrortty.—It is the intent of this act that adopted comprehensive plans or elerhents thereof stall be irrOemented. in paR. by the adoption and enforcer nentt of appropriate local regulations on the development of cards and waters wittnin an area It is the intent of the act that the adoption and enforcement by a governing body of regulations for the development of land or the adoption and enforce- ment by a goveming body of a land devoWnent code for an area shad be based on. be related to. and be a 'means of implementation for an adopted compreho - sive plan as required by this act. "am." is C" rs. err. • ti at tb-!t * 11YlW. WW tp the adoption of a revised plan pursu- )aruu .tips. 14i3.3107(21, aboat government had eloped A."Optepr,�pfen. or owner" or portion thereof, 'NO, 00ol d *A. or penchant or portion thaa0f. ahaM t¢,t tlnrul iuKt Mh1W u i" lard st the data of adop- w* a now comprehimsfive flan, or element or po• "0". is "O of or for tttl M loc,11! government ? y ad „ ,�� pf0v�a tt*rt, The Aria ftdoptl►d � ptaft. or eisnNot. 4 portion thereof. tray to go basis for }� S 921 tV 16" 3202 Land development regtdabons.— (1) Withm 1 you after subnnssgn of its revised com- prehensive plan for review pursuant to s. 163.3167(2), each county. each murcipality required to mdude a coastal management element in its comprehensive plan pursuant to s. t 63.3177(6)(g). and each other municipau- - ty in this state snail adopt or amend and enforce land development regulations that we consistent with and implement thew acted comprehensivm plan. (4 Local I" development regulations shad contain spscdic and deviled provisions necessary or desirable to implement the adopted comp Wiertsnre plan and shad as a minimum: - (a) Regulate the subdivision of land: (b) Regulate the use of land and water for than tared use categories mdud d in the land use element and en- sure the compatibility of adWe nt uses and provide for - open space: (c) Provide for protection of potable water wowie(ds: (d) Regulate areas subpoct to seasonal and mooic flood" and provide for drainage and stormwater man- t: (a) Ensure the protection of environmentally sense tive lands designated in the comprehensive plan: (n Regulate Swap. (g) Provide that public facilities and servieee meet or exceed the standards established in the capital aw proverrimts element required by a. 163.3177 and am available when needed for the dewlopnertt. or that do- vtfopment tinders and permits are conditioned on the availability of these public facilities and services reces- s" to serve the proposed development. Not later ihaan 1 year atten its due dace established by the state land plsnnu agency's tide for svbInission of local compre- hensive plans pursuant to a.163.3167(2), a local govern- ment shad not issue • development order or permit which results in a reduction in the level of service for Me affected pubtip fatigues below the level of serveos provided in tits compretenscw plan of the local goverrt- ment. (h) Ensure safe and comp onsite traffic flow, corssidsxwtg teeaeKl veM* parking. use of Innovative land development reg"tions�wnich ' rnent is legislative in nature and shag not be found to be inconsistent with the kcal plan if it is fairly debatable that it is consistent with the plan. The hearing shah be held pArAnt to s. 120.ST(t), except that the order of the heanng officer shall be a final order and stall be sp pealwe pursuant to s. 120.68. (b) n the state tend planning agency determines that the regulation is wmconsstant with the low Comprehen- sive plan, the state land planning agency shah. wethm 21 Op. request a hearing arum the Otvoon of Admwwstw two Heanngs, and a hearing officer shah hold a hear" in the affected Woftbon not awber than 30 days after the statue land ptarwill q agency fenders its decision pu- scant to Subsection (4). The parties to a hearing NO pre WAM to this paragraph shalt be ten patitionrq. sub• stantialy affected parson. the focal government, any in. tervena. and the state land planning agency. The saw lion of a land devetopiment regulation by a local govern- ment to legislative in nature and shall not be found to be mconwatent wntn the low plan d it is fairly debatable that it is consistent with the plan. The heamg shall be held pursuant to s. 120.57(1), except that the order of the hearing oftieer snag be the final order and shalt be appeau We pursuant to s. 120.68. (6) if the hearing officer in his order finds the land de- velopment regulation to be inconsistent with the local contprehenoNe Man, the order wig be submitted to the Administration Commission. An appeal pursuant to a. 120S8 may not be taken until the Administration Com- mission an pursuant to this subsection. The Admirus- trs" Commission shag hole a heating no earlier than 30 days or later than 60 days after the hearing otficar renders his final order. The sole aim before the Admen- istrabon Commission ahO be the extent to which any of the ssnmons described in a. 163.3164(8Ka) or (b) shall be applicable to the foal governinertt whose land devel- opment regulation has been found to be inconsistent with its comprpnOMM plan. If a land development regu- tation is not chananged within 12 months, it shag be deemed to be co nstatent with the adopted beat plan. (7) An administrative proceeding under this section , strap to the sole proceedig available to chap" the conostency at a land development regulation with a Coa�fehanswe plant adopted under this part. (8) The ag natue of an attorney at party constitutes a Certificate that he hula read the pebbon. motor. or oth- er pew and that, to the best of his knowledge, informs- tim. and belief formed after reasonable inquiry. it is not interposed for any improper purposes. such as to harass or to rw:e unnecessary delay or for economm advan- tage, competitive reasons. or frivolous purposes or needless increase in the cost of litigation. if a petition, aMOM, or other paper is signad in violation of thane to- gtarettnrnts, the administrative haarM officer, upon mo- do -of his own initial". ahall impose Low the person who signed it or upon a represented party, at both, an apPrgprlate t atnctutrn, which may kftlde an order to pay to NM other patty of Pam" the amount of reasonable "PON" swiffed boom" of the filing of the petition. rtnoagi!r or. otter paw, inckiding a rocs mwo alto- �1 tea.. ' ileti bed of AdMinistrative review of deti mina. tips of incamsatency Gt a land development regulation pu mint to this section shall not affect the vasty of the regulation or a developmant ceder issued pursuant to time regulation. MOM,-$ Ice OL U-ace:.. u, eR ate. ti3.aZt5 Sttutdinq to enforce focal eantpasheaaive Plane V rough devebpmerat order.-- (1) Any aggrieved or adversely affected party may maintain an sewn for injunctive or other relief against any kxW government to prevent such local government from taking any action on a development order. as de- fined in a. 1631164, which matenalty afters the use at density of intensity of use on a partidtlar piece of Plop• eny that to not consistent with the Compret>•nsuve plan adopted under ttus pant. (2) 'Aggrwmw or adversely affected party' means any person or local government which wig suffer an ad- verse effect to an interest protected or furthered by the local government comprehensive plan, including mter• eats related to health and safety, police end fire protec- tion service systems. densities or intensities of develop ment. transportation facilities, health care facilities, equipment or services, or environmental or natural re- sources. The alleged alums interest may be shared in common with other members of the community at large, but shad exceed in degree the general interest in coma muruty good shared by all persons. (3Ka) No suit may be maintained under this secuon challenging the approval or derusl of a toning. rezoning, - planned unit development, variance. special exception, conditional use. or otter development order granted pn• or to October 1. 1 M. or applied for prior to July 1,1985. _ (b) Suit under this section shag be the sole action - avadabte to Ou"r►ge the conssstency of a development order with a comprehensive plan accepted under this parL (4) As a condition precedent to the institution of an - action pursuant to this section, the complaining parry shall first file a venhed complaint with the'local govern- menu whose scttons are complained of setting forth the facts upon which the cornptolnt is based and the reWt $aught by the eomptauw party. The ventied complaint shag be filed no later than 30 days after the alleged in- consistent action has been taken. The local government raceiving the complaint shall respond within 30 days of. ter receipt of the complaint. Thereafter, the complaining tarty may institute the action authorized in thin secW. However. tree action shad be inatituted no later than 30 days after the expiration of the 30-day period which the law government has to take appropriate action. Fedure to comply with this subsection shall not bar an action for a temporary restraining Order to prevent immediate and irreparable harm from ten act"comptained of. (5) Venue in any cases brought wider tlmis at+ction shad lie in the county or combat where ten actions or inactions gig rise to the cause of action an alleged to have Occurred. (0) The aguturs of an attorney or party constitutes a certificate that he has read the presding, n OOM or other paper and that, to the beat of his knowledge. tnfor'- mation, and beget formed after reasonable inCWY. it is _ not interposed for any rnproper purpose. such as to he- rass or to cause unnecessary delay or for economic ad• 89 740 FA IN17 r tNIWROOVERNUMAL PR RAMS ..OIL -1ia intended to mean that the nos, an or activity. when part of other operations or activities, a not development. Reference to particular operatans is not intended to hm- it the generality of this subsection. (4) 'Development pwMC Include any building per - Mat. permit. subdivision approval. Mmung, Corti- = fieaboon. special exeepbon, variance. or any other offw action of local govsrttmertt he" the. effect of permit - WV the development of land. (5) 'Govemong bodymeans the board of county axmwrussroners of a county. the commission or council of an incorporated municipality, or any other chief gov- eirm body of a unit of local government however des- - "led. (6) -Land' mans the earth. water. and air. above. below. or on the surface. and includes any improve- ments or structures customarily regarded as land. (7) -Land development regulations' means ordi• mantes enacted by governing bodies for the regulation of any aspect of development and indnudes any low government toning, ra:orang. subdivision. budding con- struction. or sign regulations or any other regulations contro"mg the development of land. (8) -Laws means all ordinances. resolutions. regula- tions. comprehensive plans. land development regula- I=& and rules adopted by a local government aHeetmg the development of land. (9) 'Local government' means any county or muna- parity or any special district or local governmental entity established pursuant to law which exercises regulatory authority over. and grants development permits for, land tMvelOpment. (10) local pteritrng agency' meats the agency des• agitated to prepare a comprehensive plan pursuant to the -Flonda Local Government Comprehensive Ptannmg and Land Oeveopment Regulation Act.' (11) 'Person' means any whdrvtduat. corporation. bust - non or tartd trust. estate. trust. partnership. assotistton. two of more persons having a part or Common interest. state agency, or any legal entity. (12) 'Pubbc f c*bw means metier Capital improve- aents. wtckuding, but not Wn tad to. transportation. sana- tory sewer. solid waste. drainage. potable water. educe- honal, parks and recreational, and health systems and futilities. (13) 'State land ptatntintg agency' means the Dow - mom of Comnwnty Affairs. 16&3223 Appikabi ty.-Any local government may, by ordinance. establish wocedures and recluge• manta, as provided in as.163.3220-163.3243. to consw- or end ether into a development agreement with any pMeom having a legaf or egwtable interest m red proper. ty WCated within its.hxialarcbon. wwirr.�.:r. sn (li�tlt. (2xa) Notice of intent to eonsida a development agreement shelf be advertised approximately 7 days be - tore each public hearing in a newspaper of general CiCW latron and readers" in the county where the local govw ernment is located. Notice of intent to cormw a devi* oprtent agreement shelf also be mailed to elf affected property owners before the first public hearing. The day, time. and place at which the second public hearing will be held shall be rutnounced at the first public how". (b) The notice shelf specify the location of the sand subject to the development agreement. the develop - matt uses proposed on the property. the proposed pop• ulabon densrtnes. and the proposed budding intensities and hoot and shall specify a place when a ropy of the proposed agreement can be obtained. ww" 24a. tan, 163AW Reguilrom enb of a derNopw4nd agree• me t.— (1) A development agreement shall include the fal- lowing: (a) A legal description of the land subject to the agreement and 'the names of its legal and equitable owners: (b) The duration of the agreement: (c) The development uses permitted on the land, in- cluding population densities. and budding intensities and height: (d) A description of public facilities that will service the development. including who shall provide such facili- ties; the date any new facilities, d needed. will be ciorr strutted: and a schedule to assure public facilities xe available concurrent with the inpacta of the develop• meat: (a) A description of any reservation or dedication of land for public purposes: (f) A description of an local development permits approved or needed to be approved for the devokp mom of the land: (g) A finding that the development permitted or pro. posed is consistent with the local government's compre- hensrve Mart and land development regulations: (h) A description of any conditions, terms, restric- b". Or other "Kwor ants determined to be necessary by the local government for the public health. safety, or welfare of its citizens: and (0 A statement ateeating that the failure of the agreement to address a particular permit. condition, temp. or rests ebon shall not relieve the developer of the necessity of complying with the law governing said per. rmuttatg requirements. conditions. term. or restriction. (2) A development agreement may provide that the entmh development or any phase thereof be Coin- menetced or completed withal a specdie period of time. 1011111111% -at as. sr•hsh �Nnr—tw ww �. ur�w �r ww rr1M w +r Sawa of•U oRPAX17MT or COMWXM AZlAM pr►Zszoll or xwO== AND CNArTzR "-It PsoCSIM M L uTLR M Rsvzzv or LAM GOVXMMWS COMPIUMMx" PLUM MM LKBMNZM S la-11.001 Purpose 9J•11.002 OsfinitiOns 9J-11.004 submittal Retiuirsssnts for Proposed Wool, Government Coaprehanaive Plans 9J-11.006 subaittal Requirements for Proposed Load Govetnsert mg shensive Plan Anandaents 9J-11.00s Action upon Receipt of Proposed Load Governasnt Cosiprehansive Plan or Plan Asendsent W-11.009 Action when Local Government Cevprehensive Plan is Not submitted as ach"aled in Chapter 9J-12, r.A.C• 9J-11.010 proposed Local Govezrasnt Comprehensive Plan or Proposed Asandssut Review lJ-11.011 Local awesnsent Adoption of the Comprehensive Plan or Plan Asenduent and submittal for the Compliance Review lJ�11.D12 Complianca Review and Notice of Intent !J•11.01� Interim Review procedures t.T•i1.01s samiatmeaal Report • $salt stela Oevelopsent s p,T.Ool Puspoae. This CAs►pwr establishes provednrev for o! local o�arehensive plans -and plan o �aaiaiiow-end► vso�si�q - ,p�nant to the Local �prshensiw Planning tion Act, Chaptar lil, Part ZI# llorids f and=trn9-AevelopMnt Re9nla rr W-s end W-12, llosida AdsiaistratiwAM e st#lt N," r cod' Cbapts Coda. Zt •peQ ilia► the doca�ents and information to be submitT.ed { t t �d r FRr k' 1 tt sir awe s al! apart at to Pt of i nation � _.rjYhep,. Sj 1sR orele element is Halt suba�itttd, aoeien When a p N. _ - _ �� � 3,1107' t� � G � � describes the psoGrAum !or the review, and sets forth proeedasse of a notice of u*=t. rat that tar tie issnaaee iw plan is dne parswnt to period at ties bstore the cooprehMides for Chapter sJ-u, ilorida Adaini stratiw Codet tIM ruts prav an interim review psoeednse Ch in"U"s tee ioA tar saali scale dwelopcents. %%a sale also provides the rsgnire�ts torahs "Perw [oc saall *Gale dwelopawt wsn,dseAts. speaitic Authority 120.53(1) M . 163.3177(9) M Lv tsplaseated 163.3167, 163.3177, 163.3111, 163.3164. 163.3167, 163.3191 rs. 8isterr-New the tas W-11.002 atinitioAs. As used this �aptw. re defined in section 163.3164, llorida statutes, shau have the nssnL"s provided in that seatioA. Also• as used iA this *"Lou* *sans • etatne vb1C4 l azis��• r. ZTt -7' viva plan or plan a"Ods"t that is not portion at a campreh 00"istent With we or more provisions at sections 163*3177# 163-31TO, 193.3191, ylorida statutes, the state m"""neive piano the appropriate comprehensive r"'Onal policy plan, or ylori" A&m4niStratiVG Code' Chapter W-50 which pro goo a 7 ORIP mandationu seam a statement possible modifications) to a rehensivs plan or plan amendment that would bring the applicable Portion of the plan or plan amendment Into exapliance1 and anwwbmto seam those "small scale development eats which meet the rsquirments of section 143.3167 (1) (c) amenft norida statutes. survey*, studies, NSUPPOrt documents"1114ke" any ' inventory, maps, dater inventories. 116tims or 00"Ye" used as bases for or In developing the local, cespeshansive Plan or plan &"at. 3 1 pecigia Authority 120.53(1) (b), 163.3177(9) TS- Law =plssgnted 163.3177(9), 163.31s4, 163.3187 TS. alstory-New 9:-11.004 submittal PAMPLirements, for Proposed Local &wsrrawnt COMPTShat"i" Plans* ad comprehansive plan "all be submitted in (1) The pgopo the schedule Polish" in Cuipter 9J-12, norida, accordance with an earlier "to establish" pursuant to jjdM4UI trStjVG Code, Or at lbnla sz-12.00-6, norida Administrative Co". ive vim materials are to be submitted to as Department at Comwinity Affairs, DiviALGh Of Issour" .40 2371 269UMVIDE SAMIM& MMM�_ Ned some motive "nut Circlet zast, TallabasSOM, norida 32399 The ""rat" be" shall submit: oQsi A transmittal letter ta. the LOG" qQVWMUW body or its &Wtqnse stati" as date that the I."" gov arni" body bald the Alan tip'"aPubILGeto ft I _ a to the v0parsamat letter at 44" Opeo 3 1. Mather the plan is applicable to an area of critical state concern pursuant to Chapter 360, Florida statutes' 3. Any optional elements that are included in the plan' 3. whether the plan is P&G Bad to be adopted under a joint planninq agreement pursuant to Section 163.3171, Florida statutes, and the local governmants included in any such agreement' and 4. The name, title, addrese and telephone number o! the contact person for the local government, who is familiar with the pro ad plant (b) A copy of the procedures for public participation that have bean adopted by the local planning agency and the governing body, in accordance with Rule $J-5.004, Florida Administrative Cadet (a) Ter copies of the comprehensive plan inaludinq all the items specified in Rules !J-S.005 and 9J-5.021(4). Florida Administrative Code. (d) Five copies of support documents used in formulating tha plan, or susmariss of such support documents it not proposed to be adopted as part of the plant and (0) A cope of the evaluation and appraisal report prepared in Conjunction with the comprehensive plan. pursuant to Section 163.3191, Florida statutes, it applicable. (t) Zn the event the local government does not include all at the sohedules, mdpa, data or analysis required by Chapter W-a, nosids Administrative Code. in its submittal, it shall submit `identifyin each and ever! item itted and setting a'stat.ematw V�ijostiticatioa• for seam omission. gm"Cic Authority 120.53(1)(b). 163.3177(9) PS. Law Implwntgd 163.3191, i6Sa1t4 (2) , (3) 163.3191 FS. gistosy-New _----.-.--: • l�T-11.006 submittal Ragnirwents tar proposed Local ""OEM" Cooarshensiw Plan Amendments • shall be WAMitted to the Department of . r amity llftsro. Division of ueawroa flaroiinq and fta. ive CentersCisXIatZ"&j R•sourCe!leafing, 2571 martjj 6 scat. Tallabasase, llorids 22299. Propes'd plan asendmeats. Mess discussed under the tioA provisions of !J- 11.009(1)(a)2. below, shall be ccesolidetsd into a single subuiseion for each of the two plan amendments adoption times OWIg the calendar year. The comprehensive plan submitted Pursuant to Seation 163.3197, Merida Statutes, shall be counted as one of the two plan amendment sdoption times during the calendar year, hammer, only the submittal raquiramants o fitly W-11.004 of this Chapter suet be tollowed. For each proposed plan amendment, the local gowrning body shall submit: l letter from the local governing body 'Or(a) A transmitta its designea stating the date that the local governing body held .. _ . .the plan -amendment tar the transmittal Vub13t _ss. ■ zo.cansfder• adoption and transmittal to the Department. The transmittal letter shall also specify: 1. The proposed month of adoption of plan, amendment aubuittal(a) for the current calendar year for which no ensaption from the twice par calendar year limitation on Comprehensive plan ama:rdmenta are claimed, 2. t,hether the proposed amsndsent is in an area of critical stets aonwtrn, 2. Mather the proposed amendment is one of the to the twice per calendar year limitation on'the ' ,. �, r • r S._ Tlosida statutes. Zn the case of an esargesQY• the tsansaittal rod by the local of the a= mot be Manisa" a � t which governing body* The transmittal shell include a state=en ss ustitying the esesgen�• sets forth the hats and aisausetane j red to be adopted uncles t. whether the a=end=ant is pro to section 1i2.2171, llorida a joint planning agreesent Pursuant Statutes, and a list of the local gawsgents included in the "reeaent r S. The name, title. address and a telephone Suedes Of the who is la=ilias with the contact per-- for the local goverment prappsed amendment(s) (b) Ten copies of the entire elesent(s) being asended the the tent of the proposed chaMIM(a) wd all proposed sapso In case at future land use plan up amndsants, the following additional inlorution = at be provideds designation o! 1. The psopesed tutu" land use plan sap the subject psope1'tYs the boundasY of the subject property a" its location in relation to the surrounding street and thosoughlase network shall be shown on a s&P- 2. Tba Present land use designations of the subject property and abntti nq properties on the future lard use suP shall be shown on a sap. • _ _ -- ..._ �.►.a�� srenartY in acres or fractions (a) A copy of tM evaluation and appraisal report dons in aonjunction with the proposed amendmnt(a), it applicable - (a) AM plan amendment vhich is not identitied as directly related to a d*vslopssnt of regional impact. inaluding substantial deviations and ilorida puality Developments, a Proposed small scale develOPSOnt, or an *msrgencY, will be Considered to be an amsndsmt spitted tar one at the two i s per aalsndar year that plan asendaants say be adoptede to preclu de the allowed anesptions tram This provision is not submission tar each of beinf included in the consolidated single the two plan amendment adoption times during the calendar Year. All exemptions must be clearly identitied. (3) All plan amendssnts must meet the top issasnts o! Rule !T-S. Zlorida Adsinistrative Code. Specific Authority 120.53(1)(b), 163.3177(9) FS• Law a Upleaented 163.3177(9), 163.3166(2),(3).(1S), 163.3187(1), Me 163.3191 TS. History-Nw _,__• 9J-ll.00r Action Upon Receipt at Proposed Local 6ovsrnwent cosprshensivs Plan or Plan Asenib ant. (1) The Departaant shall review the material submitted to emus* that all of the applicable comprehensive plan materials sageis" by Chapter 9J-S, llorida Administrative Code, and this Chapter are included in the package submitted for review. The Department will seed a notification to the local government when �7 < Department and Shall be the basis !or a determination of not in compliance when there is the lack of such docmwntation. (2) when a proposed plan amendsent does not include all - the information required by Aide l.7-ll.o0s of this Chapter# the pepartsent will send a notice to the local government- within five working days of receipt of the amendment, identityiskq the addliticnal•information required. The proposed plan amendment will not be processed for review until all the required information -is available to distribute for review. The Department review time specified in Section 163.3184, Florida Statutes, will not commence until all required information is received by the Department. (2) Within five worlkinq days of receipt of the submittal package, the Department shall transmit copies of plans# parts of plans, or plan amandmants to various agencies and governaants, as appropriate, for their review and written response. These agenciss and governments may include but not be limited to, the following% (a) The appropriate regional planning agenaya (b) The appropriate county land planning 440MI (c) The Department of Environmental Aegulationt (d) The Department of Natural Aasouresst (a) The Department at Transportation, (f) The appropriate water management districtst 0 • pepastsent will be notified that it SKY receive comments trod an adjacent mmmniaipality. wmicipalities say submit written comments, obleations and recame ndations to the Oepartment within 43 days at reasipt. (s) In developing coaaents, objaations, and '---- ndations, the reviewing agencies responsibilitiu shall Include bat not bs limited to the followingm (a) Awiw by stets agamies and the water aanagwnt districts will relats to the statutory, responsibilities of the agancies and will include comments, objections and reacomodations regarding those areas required to be addressed in the comprehensive plan by Chapter fJ-5, Florida Adainistsativs Code and Sections 163.3177 and 163.3178, Florida Statutes. (b) The review, by the appropriate regional planning agency will be primarily in the contact of the relationship and effect of the local plan or amendment on the adopted comprehensive pgional policy plan, and comments of any other ragival agencies to which the regional planning agency say have retsrred the plan. Mgioaai planning agenaies which prepare local may rnament plans or elements pursuant to Soation 163.3167(3), Florida Statutes• shall not review or comment on those plans or elements unlus the plans are changed by the local government subeegaent to preparation by the regional planning agency- (a)- The county land planni=q agency review of seniaipal cowprob"sive plans and amendments shall bs prim milY in the oontsut of the re and impacts of the local plan or it t.-oa time ooutY plan. Aslationships iacinda !ha War Of adjacent 2dnd uses, am attaats on intssloaal agreements. (d) The review by mmmioipalities will. be primarily in the t'04"ext of the relationship and affect of the propued PISWe plan or arnftene Ontam muialpal plew. twig" as placed upon o - � aoq*%*L Sty at adjacent laud uses.; NO eft . s s eganales and governments shall provide a written satpoew to tha Department within 45 Calatdas days attar receipt of the Plano, elements or amendments trom the Department. Surh response must be signed by an agency head or authorised individuai(s). specific Authority 120.53(1)(b), 163.3177(g) !S. yaw 33tplamented 163.3177 (9), 193.218441) tb) • 43) • t4) • (5) • = 163.3187(2) 78. History -New w-ii.00s Action Nhen Local Goverment Comprebensive plan is not submitted as scheduled in Chapter 1J-12, Z.A.O. (1) Man a local government has not submitted tha comprehensive plan or all of the elements) required in section - 163, Part 22, Tlorida Statutes, and Chapter W-s, Florida Administrative Code, the Department shall notity the local government regarding the missing plan or elemsnt(s), within S working days of the due date established in Chapter lJ-13• noride Administrative Code. This notification shall bs sant tsbm the Director, Division of Aescasrs planning and Management, _ to the chief elected otticial of the local gav*n mont by - cartified mail, return receipt requested. A copy of the above referenced notification will be sent to the appropriate regional planning agenar so that the regional planning aq=W may provide at least a go calendar day Written notice to the local government that they Brill assume the planning responsibility and shall gsoaeed with preparation of the missing compsehansive plan or aioait(s) by a speoified date. the copy shall be sent trom the Disactor, Oivisia► of Rasousaa Planning and Management to the ■ �Al�caatttftLreator of the appropriate regional planaLnW council ■ by as& Afied tail, return receipt vegnsstad. (3) The notice to the regional planning agwW shall ltdicats thot the regional planning aga�Y has the responsibility to-pr pare and adopt by sole• Pursuant to Chapter 130, 3'losidr► ; #Utntosp the musing aospseheasive plan or alea►ent(s) or adopt by rats ame tto) to the existing plan, by a speoitied.data 't (3) Prior to initiating as P1aAninO Process" the sagioutml a 90 calendar day agency shall provide at least" In t • y ii notice to any local gawrtwnt whose COmprshensivs plan or ejosent(s) it is rsgnirad to propers• and spoicity the date that it will begin work on the Missing c=prehsAsive plan or sisomt(a). A copy of this written notice from the regional planning agency to the local government shall be wiled aly to the affected local governmnnt and to the Director, Division of -Resource Punning aAd UUMwees"t, Dspartsent of CoamMity Affairs, 2571 lxeautive Center Circle, ._-«_ maiiah&n. . r1orida 12199. — (d) •afore the adoption by the regional planning agaAaY of the comprehensive plan, or slament(s) pursuant to Snbseation — 163.3167(3), lorida statutes, the regional playing agenaY shall transmit 10 copies of the proposed comPrebansiw plan* or eleaent(s) or plan amendment(s), together with five Copies of support documents used in formulating the plan or slwmt(s) or summaries of the support documents if -not proposed to be adopted, to the local government and the Department in sCoordamae with the provisions of section 161.3104, Florida Statutes, The Department's cepias shall be transmitted to the Chief, W&Ceau of Local Rssourw Planning, Dspartaent of Coasseatty Affairs, 2371 ZYeautive Center Circle, Zast, Tanabassse, norida 13191. (s) The Department shall review and make written cosmsnts, objections, and rsosswdations on the comprehensive plan, or alssst(s) or plan ams bmt(s) in acoordanae With antes W-11.008 and-11.010 of this Chapter. (t . Zt the local government has cot submitted a proposed +" w .pdsa+sttis:'!o msalsndar days •lram•the slue date, = pursuant to Chapter W-120 Florida Code, i the Department shall notify the -ministration Counission so that - It nay impose the sanatiaais speaitied in SubsectUU 1sZ.11s0(U)(a) ._ porida statues. �� The notice to the Adsieistaration Coasiss9.ea shau be M Ay the ieortss7. - Departmento! Coomsif.7 Affair. jp tie Authority 110.51(1) M 163.1177(9) .3 163.3167(3).(3)• 163.3177(9)• 1i3.31s4(3)•(3I.(41•(s)•(i)• sister, -New _ • W-11.010 Proposed Local Qorarocent tmapcehansive Plan or Propose& haandment Rwiw. (1) The Dapartamt shall review each aomprGhsnsive plan or amendment to determine whatb•r it is cowistant with'the requirements of sections 163.3177, 163.33,78, 163.31e4, and 163.31870 Tlorida statutes, Chapter !J-s• llorida & aainiatrativs Co", the state Comprehensive Plan and the appropriate comprehensive regional policy plan. (2) The Department will consider all . ebjections and recomMiandations received as it losmulatss its own rasPonse. The Department say incorporate written responses received into its own comments, objections and Z F" eandations to ensure that the written responses reasived will be considered by the local government prior to plan or aaendaent adoption- (3) The Department, within 45 calendar days attar the receipt of written responses from the appropriate rwiwiag sgenaies listed in Rules fJ-11.008(3) and fJ-11.008(4) of this Chapter, will sand its comments, objections WA y nommendatiOnS to the local gvwsnxg body- The Dapartaent•o commentoss, ppjections and lotions to the local governing bey will be sent by the Director, Division of Resource PlanniM and Kanags'KA t• ror - . -- --_ -...v_ tea Davastment will s W ZWomamted 143.3177(9) (10), 143.3194(1) (b) • (4) !S. Eiatwy-Kw 1-J-11.011 Z10"I GO►a- ion of the CO*rshensivs plan or plan Amendmant and SWMLttal for the Compliance Review. M Zn the case of a aompsehansive Plan or aasndaant . avbaitted pursuant to Subsection 163.3167(2), !lo=ida Statutes. the icoal govasnment shall have 00 oalandar days to adopt, or adopt With Changan, the Proposed com"hensive plan or amendment after the re~ of comments, objections and suc--A. tions from the Department. Zn the case of a proposed amemAxent submitted pursuant to section 163.3187, Tiorida statutes, the local goverment has 60 calendar days to adopt, adopt wtth changes, or got adopt the proposed asandment after receipt of the eownts, objections, and roosuendations from the DePartment. (a) The local govarmaert may request that the oepastmant participate in the adoption Public hearing which is held to .consider adoption of the Proposed ewprehansive plan or plan fit. The local gevs=�Mt shall give the DePartamt at lsest 14 calendar dart written notice, sent by certified mail, to the Cast, Dusan of Local Resource planning, 2571 motive Center circle, East, Tallahassee, norida 32399, ragnastL W the Department to participate in the adoPtion Public heerlcg• The m__b_v0 w4IIi vu%tity the local aovsramant whether it will or . napartmemt. (by A listing of tindings of the local gavarning bodyt it my, wblch were not included in the ordinance and which Provided the basis for the adoption of a proposed Plan or plan amendment or the determination not to adopt the proposed Plan amendment - (a) A statement indicating the relationship of the additional CM- as not previously reviewed by the Dspartmt to the aosmentst objections and --emendations from the Department. (4) In the case of a comprehGASITO VIM or amendment submitted pursuant to subsection 161.2197(2)o tlorida statutes• the provisions of fJ•11.011(1). (2). and (3) shall apply to the regional planning council as it it were the local gavgrning body. exam" that the regional planning council shall submit a copy of the rule adopting the comprehensive plan, element or amendment. (S) In the ease where the local government makes the determination not to adopt a proposed plan amendment, a letter must be sent to the Department within five working "Ys to inform the Department of this decision. This latter shall be sent to the Chief, bureau of too" Resource planning. 2571 motive center Circle, east, Tallahassee. norida 32399. (s) in the ease whose the local gavernment adopts - correations, updates and modifications of the capital improvements slomemt conasrning costs, revenue sourcest acceptance of facilities or faaility construatioa dates pursuant to section 162.3177(3)(b)• a copy of the ordinance shall be submitted to the Department within ten working days after it a local government adopts corrections, updates, or adoptim. .8awlsrfios of current costs in other elements which were set out an Out of the comprehensive plant a copy of the ordinance shall bo submitted to the Department within ten working days alter adoption. Copies of Us retesenced ordinances in this Notice of Role !J•11.oll shall be sent to the Chief, WAIS'" of r l Resource PlaAning. 2071 l=antive Center Circle Zest, L I yail4passee. tlosids 32399 and will not be subject to a - k ,Qell"No review. ia Authority 120.02(1)(b). 192.2177(!) Ts. Law p t i 20plsmaat6d 163.3167(3), 163.3177(t), 163.316a(1)(b),(2)r(6)r(7)r (1D), 163.3167(1), 163.3121 FS. History -Kw 99-11.012 Compliance Review and Notice of Intent. (1) Upon receipt of the adopted plan or amendment, the Department scull review, within 45 calendar days, the plan or ameadaeat to determine compliance and shall Lose a notice of latent to find the plan or amendment in compliance or not in compliance. (3) The Department•• determination of compliance will be based upon the objeations and recommendations submitted to the too" government pursuant to Rule 9J-11.010(3) and any ehatges made by the local government to the comprehensive plan or amendment as adopted. The Department will consult with review a"wiss, as required, prior to the issuance of the notice of latent. (3) Zf the Department is requested to participate in the publLC bearing at the adoption stage, and has received the required written notice pursuant to Rule 9J-11.011(2), the DepartaenI may not find the adopted plan or amendment not in compliance unless it participated in the hearing. (6) The Department will publish a Motice of Zntent in a nerspapar of general circulation in the area from which the plan or element originates in the manner required by Section 163.3184(15)(a), Florida Statutes, and will include but not be limited to the following information: r local govasasent, the review agencies listed in hula W- ll.000(1), and to parsons who ragout a copy of the notice. (i) The Notice at intent shall be issued by the Director at the Division of Resource Planning and Xanagament, Department of Casco =ity Attain. (7) it a Notice of 2ntent is issued to find the adopted Plan or amendment not in compliance, the Department will forward a copy of the Notice of Zntant to the Division at Administrative Bearings, Department of Administration, requestisq a hawing. (a) if a Notice of Sntent is issued to fiad the adopted plan or amendment in compliance, any affected person, within 21 calendar days attar the publication of erotica pursuant to Rule 9T- 11.012(4), say file a petition challenging the determination of compliance with the Department pursuant to Section 120.57, Florida Statutes. The petition shall be tiled with the Agency Clark, Department of Community Affairs, 2571 Zx cutive Center Circle, Rest, Tallahassee, Florida 32399. Such petition shall not forth sufficient facts to allow the Department to determine whether the party requesting the hearing is an affected person as defined in Subsection 163.3184(1), F.B. The petition shall also not out briefly the issues of Material fact which the party disputes. if the Department determines that the petition filed by an affected Person is sufficient, the Department shall forward the petition to the Division of Administrative Bearings, Department of ampter. U-12, Florida 7►dainistrativs Cods. (2) The Department &hall review each comprehensive plan or amendment to determine whether it meets the rsQnireaent& of Section 143.3177 Florida Statutes (1963). (2) The following Ru1ss of Chaptsr lJ-11, Florida Administrative .code, .wlrlb -apply durLnf the Immerse periods 91- 11.001,1J-11.002(2),(2),(4)v(S)i(0)#(9)v and lJ-11.008(2).(3).(4).(6)• (4) The Department shall continua the zwiw and comment previsions which wars applicable prior to October 1, lisi, until comprehensive plans submitted pursuant to lhnis lJ-11.004 are sent to the Department (S) Within 45 calendar days attar the receipt of vvitten responses lros•reviewing agencies, the Department will submit the written responses received together vith its ova coements, objections and recoceandations to the local governing body which submitted the comprehensive plan or amendment. (6) No later than 60 calendar days attar receipt of the written response From the Department, the local government shall adopt or adopt with the as the proposed plan or amendment, or not adopt the proposed amendment. (7) Upon adoption, the local government shall submit to the Ospartmsnt one copy of the adopted caepsshansivo plann, or in case of the amendments, one copy of the tact and map(s) of the _ amendment and a oopy of the ordinance adoptioq the comprehensive pl+im or amedaest. Ilan amendments considered as small scale development . _ F" 0010t.Ibr-1e1.7187 (1) (a) , 'Florida r 14. Statutes, arm anampt trom the interim review procedures* ""a" Authority 320.51(1)(b), 163.2177(!) 72. Lav Z#plament" i61.2177(9), l63.21s4((2)•(4),(7).(l4)f 142.i167(1). R_ L$3*31l1 FS- X4-taaerW4W ;. �• ' ti-ll.Oli del Report -small Scale DevslopMmt (1I X40 local gavessseot shall submit sty - � IX1,1 rF to the Dopasboant conearamw the nt lisation of the aau eagle