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Home My WebLink AboutO-10504J-87-903 3/22/88 ORDINANCE NO. 10504 AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.6 PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY USES IN RESIDENTIAL DISTRICTS; SPECIAL PERMITS, BY RESTATING THE SUBSECTION TO REQUIRE A CLASS C SPECIAL PERMIT FOR RS-1, RS-2 AND RG-1 DISTRICTS AND SPECIAL EXCEPTION APPROVAL FOR THE RG-2 AND OTHER DISTRICTS, IF ACTIVE RECREATION FACILITIES ARE LOCATED ADJACENT TO STREETS AND/OR WHERE THEY EXCEED 20 PERCENT OF NET, NOT GROSS, LOT AREA; BY AMENDING SECTION 2005 GENERAL TERMS DEFINED; RELATED LIMITATIONS, SUBSECTION 2005.1 LOT, DEFINED, PROHIBITION AGAINST DIVISIONS CREATING SUBSTANDARD LOTS, BY DELETING THE EXISTING DEFINITION AND INSERTING IN LIEU THEREOF A LOT DEFINITION IDENTICAL WITH CHAPTER 54.5-1 SUBDIVISION REGULATIONS OF THE CITY CODE, AND REFERENCING THAT CHAPTER; BY AMENDING THE SCHEDULE OF DISTRICT REGULATIONS PAGE 1 OF 6, USES AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, UNDER PERMISSIBLE ONLY BY SPECIAL PERMIT, PARAGRAPH 2, BY DELETING (A) WHICH HAD REQUIRED A CLASS C SPECIAL PERMIT FOR ACTIVE RECREATION FACILITIES EVEN IF NOT LOCATED ADJACENT TO STREETS OR EVEN IF LESS THAN 20 PERCENT OF GROSS LOT AREA, BY RENUMBERING PARENTHESIS, AND BY SUBSTITUTING A CLASS C SPECIAL PERMIT RATHER THAN A SPECIAL EXCEPTION FOR ACTIVE RECREATION FACILITIES ADJACENT TO STREETS AND GREATER THAN 20 PERCENT OF NET, NOT GROSS LOT AREA; AND BY AMENDING THE SCHEDULE OF DISTRICT REGULATIONS PAGE 3 OF 6, USES AND STRUCTURES, ACCESSORY USES AND STRUCTURES, FOR BOTH RO-3, RO-4 RESIDENTIAL -OFFICE AND 0-I OFFICE - INSTITUTIONAL UNDER USES PERMITTED GENERALLY OR PERMISSIBLE BY SPECIAL PERMIT, PARAGRAPH 1, TO CHANGE AN ERRONEOUS REFERENCE FROM "SECTION 20203.7" TO "SECTION 2003.7.";' CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 1987, Item No. 5, following an advertised hearing, adopted Resolution 54-87 by a vote of 9 to 0, RECOMMENDING APPROVAL, of amending Ordinance No. 9500 as hereafter set forth; and 10504 f, WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 9500 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami is hereby amended in the following partioulars:l/ "ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 2003 Accessory Uses and Structures 2003.6 Permanent active recreation facilities as accessory uses in residential districts; special permits 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: - •IF1-immiiii Words and/or figures stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain uncharged.. Asterisks denote omitted and undmxiged material. _2_ 10504 Sec. 2006. limitations. General terms defined; related 2006.1. Lot, defined; prohibition against divisions creating substandard lots. VMS Mom- • • - - • Section 2. The Schedule of District Regulations page 1 of 6, made part of Zoning Ordinance 9500 is hereby amended in the following particulars:'/ "SCHEDULE OF DISTRICT REGULATIONS USES AND STRUCTURES ACCESSORY USES AND STRUCTURES RS-1; RS-2. ONE FAMILY DETACHED RESIDENTIAL Permitted Generally Permissible Only By Special Permit Words and/or figures stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks denote omitted and unchanged material. -3- 10504 2. Permanent active recreation facilities accessory to uses in residential districts shall be permissible. kb - In yards or courts adjacent to streets and/or where total area to 9f such facilities is 20 percent or more of the gross n2l lot areas, a Class C Special Permit is required (See section 2003.6)." Section 3. The Schedule of District regulations page 3 of 6, made a part of Zoning Ordinance 9500 is hereby amended in the following particulars: 3/ "SCHEDULE OF DISTRICT REGULATIONS USES AND STRUCTURES ACCESSORY USES AND STRUCTURES RO-3, RO-4 RESIDENTIAL - OFFICE As for RO-3, and in addition: Permitted Generally or Permissible by Special Permit 1. Accessory convenience establishments are permitted generally or are permissible by special permit subject to the requirements and limitations of section 20203.7 2003.7, "Convenience establishments as accessory to residential or office uses." 2. Hospital incinerators... 0-I OFFICE - INSTITUTIONAL As for RO-2, and in addition: Permitted Generally or Permissible by Special Permit 1. Accessory convenience establishments are permitted generally or are permissible by special permit subject to the requirements and limitations of section 20203.7 2003.7, "Convenience establishments as accessory to residential or office uses." 2. Hospital incinerators... 3-/ Words and/or figures stricken through shall be deleted. Undersoored words constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks denote omitted and unchanged material. MM 10504 Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section B. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 24th day of March , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of ATTEST: �, TATTY HIRAI CITY CLERK October PREPARED AND APPROVED BY: JS'SIST. EL E MAXW°ANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: c ..'; - -�- j JO E L. FE ANDEZ CITY ATTORN Y JEM/wpc/ebg/bssM224 -S- 1988. XAVIER L. SVAVEZ, MAYOR 10504 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: August 21, 1987 Amendment "U" PETITION 5. Consideration of amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003 Accessory Uses and'Structures, Subsection 2003.6 Permanent active recreation facilities as accessory uses in residential districts; special permits, by restating the subsection to require a Class C Special Permit for..RS-1, RS-2 and RG-1 districts and special exception approval for the RG-2 and more liberal districts, if these active recreation facilities are located adjacent to streets and/or where they exceed 20 percent of net, not gross lot area; by amending Section 2005 General terms defined; related limitations, Subsection 2006.1 Lot, defined, prohibition against divisions creating substandard lots, by deleting the existing definition and inserting in lieu thereof a lot definition identical with Chapter 54.5-1 Subdivision Regulations of the City Code, and referencing that Chapter; by amending the Schedule of District Regulations page 1 of 6, Uses and Structures, Accessory Uses and Structures, RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, under permissible only by special permit, paragraph 2, by deleting parenthesis (a) which had required a Class C special permit for active recreation facilities even if not located adjacent to streets or even if less than 20 percent of gross lot area, by renumbering parenthesis, and by substituting a Class C special permit rather than a special exception for active recreation facilities adjacent to streets and greater than 20 percent of net, not gross lot area; and by amending the Schedule of District Regulations page 3 of 6, Uses and Structures, Accessory Uses and Structures, for both RO-3, RO-4 RESIDENTIAL -OFFICE and 0-I OFFICE -INSTITUTIONAL under uses permitted generally or permissible by special permit, paragraph 1, to change an erroneous reference from "Section 20203.7" to "Section 2003.7." REQUEST To conform the definition of a lot; to eliminate ambiguities in permitting permanent active outdoor recreation facilities, and to correct a ,typographical error. PAB 9/16/87 Item # 5 Page 1 1USp4 BACKGROUND Representatives of the Planning, Building and Zoning, and Public Works Departments meet regularly -to fine-tune Zoning Ordinance 9500. ANALYSIS . These amenoments would: i. Provide one and the same definition of a lot or lot or recora in both the Zoning Ordinance and the Subdivision Resulutions. 2. In RS-1, RS-2 and RG-1 districts; restate at outdoor active recrea ton acilities adjacent to streets or, in excess or . OF net lot area, are permissible by Class C Special Permit. 3. In RG-2 and more liberal districts, restate at outdoor . active recreation raci 1 i ti es adjacent to streets or in excess or ZUT OF gross lot area are permissible by special exception; otherwise they are permissiei—" a cy aCT� s Lsoeciaaii oerm'it. 4. Correct a typographical error in a reference to accessory convenience establ1 snments in RO-3, RO-4 and 0-I. RECOMMENDATIONS — PLANNING DEPT. Approval. PLANNING ADVISORY BOARD At its meeting of September 16, 1987, the Planning Advisory Board adopted Resolution PAB 54-87, by a vote of 9-0, recommending approval of the above. CITY COMMISSION At its meeting of.October 22, 1987, the City Commission continued the above to its meeting of November 12, 1987. The.decision of the December 2nd meeting will be presented at the December loth City Commission hearing. At-1ts meeting of December 10, 1987, the City Commission continued the above to its meeting of January 28, 1988. At -its meeting of January 28, 1986, the City Commission continued the above to its meeting of February 25, 1988. 10504 At its meeting of February 25, 1988, the City Commission continued the above to its meeting of March 24, 1988. d CITY COMMISSION At its meeting of March 24, 1988, the City Commission passed the above on First Reading. At its meeting of April 28, 1988, the City Commission continued the above to its meeting of May 19, 1988. At its meeting of May 19, 1988, the City Commission continued the above to its meeting of June 23, 1988. - At its meeting of June 23, 1988, the City Commission continued the above to its meeting of July 21, 1988. At its meeting of July 21,1988, the City Commission continued the above to September, 1988. At its meeting of September 27, 1988, the City Commission continued the above to its meeting of October 27, 1988. 10504 MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10505 Inthe ...... X... X.. X.......................... Court, was published in said newspaper in the Issues of Nov. 25, 1988 Afflant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said .Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, f or corporation any discount, rebate, commission or refu or the Aj�yy�q tF0lq]r�securing this advertisement for out AW6 In • t r • L. Kn : �Sviom to and Subst?bed before me this • p = No 25 . w� ...... S i f ...Po .... . .:� . ..., A.D. 19... 88 ....... � � .• •. ... ... •.. ,yet San z ,p�7`��5tate of Ida at Large (SEAL) if11f11111�� My Commission expires June 21, 1991. 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