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HomeMy WebLinkAboutO-10378U-87-601 7-7-87 ORDINANCE NO. t07 AN ORDINANCE AMENDING ORDINANCE, NO. 9500, AS AMENDED, T14E ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003 ACCESSORY USES AND STRUCTURES, .SUBSECTION 2003.7 CONVENIENCH ESTABLISHMENTS AS A(ICESSORY TO RESIDENTtAI; OR OFFICE' USE::" I3Y ADDING; A NEW PARAGRAPH 2003.7.10 VARIANCES PROHIBITED,, BY AMENDING SECTION 2025 SIGNS, GENERALLY TO PROVIDE `CHAT NO VARIANCES ARE PERMITTED; BY AMENDING SECTION 2034 COMMUNITY BASED RESIDENTIAL FACILITIES BY ADDING A NEW SUBSECTION 20.34.4 VARIANCES PROHIBITED; BY AMENDING PROPOSED :SECTION 2035 ADULT DAY CARE CENTERS 13Y ADDING A NEW SUBSECTION 2035.5 VARIANCES PROHIBITED; BY AMENDING SECTION 2036 CHILD DAY CART, CENTERS BY ADDING A NEW SUBSECTION 2036.E VARIANCES PROHIBITED; BY AMENDING SECTION 2037.ADULT ENTERTAINMENT OR ADULT SERVICES BY ADDING A NEW SUBSECTION 2037.6 VARIANCES PROHIBITED AND BY AMENDING ARTICLE• 31, "APPEALS FOR VARIANCES FROM TERMS OF ORDINANCE", SECTION 3101 VARIANCE DEFINED; LIMITATIONS, SUBSECTION 3101.1 USE, AND SPECIFIC CONDITIONS OF USE, AND FLOOR AREA RATIO VARIANCE PROHIBITED BY CHANGING THE TITLE TO ADD "SPECIFIC CONDITIONS OF USE" AND TO PROHIBIT THE ZONING BOARD FROM RELAXING ANY SPECIFIC CONDITIONS OF USE UNDER THE PRINCIPAL USES'AND STRUCTURES, ACCESSORY USES AND TRANSITIONAL USES COLUMNS ON THE SCHEDULE OF DISTRICT REGULATIONS AND REPEATING THE AFOREMENTIONED PROHIBITIONS; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Section 1. Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended in the following respects;l/ ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 2003. Accessory Uses and Structures l/ Words and/qr figures stricken through shall be rdelet�=d. Underscored words and/or figures shall be added and constitute the amendment. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. _7 ,1-87-681 7-7-87 ORDINANCE NO. 10378 AN ORDINANCE AMENDING oRD.NANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF rHF, ciTy of MIAMI FLORIDA, BY AMENDING ARTICLE 20, ENTITLED G E, N R A b AND SUPPLEMENTARY REGULATIONS, SECTION 2003 AC-CESSORY USES AND STRUCTURES, SUBSECTION 2003.7 CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES" fly ADDING A Ni�'W PARAGRAPH 2003.7,10 VARIANCES PROHIBITED; BY AMENDING SECT.[oN 2025 SIGNS, GENERALLY TO PROVIDE THAT NO VARIANCES ARE PERMITTED; BY AMENDING SECTION 2034 COMMUNITY BASED RESIDENTIAL PAC[1,1TIES BY ADDING A NEW SUBSECTION 2034.4 VARIANCES PROHIBITED; BY AMENDING PROPOSED SECTION 2035 ADULT DAY CARE CENTERS BY ADDING A NEW SUBSECTION 2035.5 VARIANCES PROHIBITED,, BY AMENDING SECTION 2036 CHILD DAY CARP, CENTERS BY ADDING A NEW SUBSECTION 2036.6 VARIANCES PROHIBITED; BY AMENDING sFC,rioN 2037 ADULT ENTERTAINMENT OR ADULT SERVICES BY ADDING A NEW SUBSECTION 2037.6 VARIANCES PROHIBITED AND BY AMENDING ARTICLE 31, "APPEALS FOR VARIANCES FROM TERMS () F ORDINANCE"; SECTION 3101 VARIANCE DEFINED; LIMITATIONS, suBsEcTiON 3101.1 USE, AND SPECIFIC CONDITIONS OF USE, AND FLOOR AREA RATIO VARIANCE PROHIBITED BY CHANGING THE TITLE TO ADD "SPECIFIC CONDITIONS OF USE" AND TO PROHIBIT THE ZONING BOARD FROM RELAXING ANY SPECIFIC CONDITIONS OF USE UNDER THE PRINCIPAL USES AND STRUCTURES, ACCESSORY USES AND TRANSITIONAL USES COLUMNS ON THE SCHEDULE OF DISTRICT REGULATIONS AND REPEATING THE AFOREMENTIONED PROHIBITIONS; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Section 1. Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby.amended in the following respects:l/ ARTICLE 20.. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 2003. Accessory Uses and Structures Words and/or figures stricken thi-ough Ghall he delete, I. 'Underscored words and/r)r figures shall be added and constitutp .the amendment. The remaining provisions are n(-)w in effect, and remain unchanged. Asterisks indicate ovnitted and unchanoed material. am 2003.7. Convenienof, Establishments as Accessory to Residential or Of F iCe Uses. * 2003.7.10. Variances Pr_ohih.ited. No variances . From the f this subsection 2003.7 are ,permitted, Sec. 2025. Signs, generally The following def.initir,)ns, methods [or measurement, requirements, and limitations shall apply with regard tea signs, in addition to previsions appearing elsewhere in the text of these regulations in the Schedule of District Requlations. No variance from these_ provisions ar_e_permitted. Sec. 2034. Community Based Residential Facilities. * 2034.46 Variances Prohibited. No variances from the provisions of this section 2034 are permitted. (Proposed) Sec. 2035.,Adult Day Care Centers * 2035.5 Variance Prohibited. No variances from the TDrovisions of this section 2035 are permitted. Sec. 2036. Child Day Care Centers. * 2036.6. Variances Prohibited. No variances from the provisions of this section 2036 are permitted. Sec. 2037. Adult entertainment or adult Services. IL03714 7 0 203765. Variances Prohibited, No variances fromthe, provisions of this 7tiqn 2031 are permitted 'tARTtCr,R 31 APPEALS FOR VARIANCE FROM TERMS OF ORDINANCE 3101.1. Use, and S2ecific conditions of use and floor area ratio variances prohibited. Under n a circumstances shall the Zoning flo a rd grant a variance to permit a floor area 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 distri6t, or to relax any specific condition(s) of use referred to in the Schedule of District Regulations under the Principle Uses and Structures, Accessory Uses and Transitional Uses columns or under Sec. 2003, Accessory Uses. PASSED ON FIRST READING BY TITLE ONLY this 10th day of December 1987. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of January 1988. ATT�S;p MAT HIRAI AVIER L. SUAREZ,t MAYOR City Clerk PREPARED AND APPROVED BY: MARIA J. CHIARO Assista t City Attorney APPR9`VRD AS TO FORM AND CORRECTNESS-, ,LUCIA A. DOUGKERTY City Attorney mjc/wpc/ebg/pb/m199 PLANNING rAC'7 SHEET APPLICANT C.ity of Miami Planning Department: May 13, 1987 PETITION 3. Consideration of amending Ordinance 9500, as _ amended, the Zoning Ordinance of the City of Miami, ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003 Accessory Uses and Structures, Subsection 2003.7 Convenience Establishments as Accessory to Residential or Office Uses, by adding a new paragraph 2003.7.10 Variances Prohibited; by amending Section 2025 Signs, Generally to provide that no variances are permitted; by amending Section 2034 Community Based Residential Facilities by adding a new Subsection 2034.4 Variances Prohibited; by amending proposed Section 2035 Adult Day Care Centers by adding a new Subsection 2035.5 Variances Prohibited; by amending Section 2036 Child Day Care Centers by adding a new Subsection 2036.6 Variances Prohibited; by amending Section 2037 Adult Entertainment or Adult Services by adding a new Subsection 2037.6 Variances Prohibited and by amending ARTICLE 31 - APPEALS FOR VARIANCE FROM TERMS OF ORDINANCE, Section 3101 Variance defined; limitations, Subsection 3101.1 Use, and Specific Conditions _ of Use, and Floor Area Ratio Variance Prohibited by changing the title to add "Specific Conditions of Use" and to prohibit the Zoning Board from relaxing any specific conditions of use under the Principal Uses and Structures, Accessory Uses and Transitional Uses columns on the Schedule of District Regulations and repeating the aforementioned prohibitions. REQUEST To prohibit petitions for variances from the terms and conditions of certain uses in Zoning Ordinante 9500. — BACKGROUND The Building and Zoning Department has requested a prohibition of variances from use conditions.. Throughout the State of Florida and in the City of Miami, former Zoning Ordinance 6871 and currently in Zoning Ordinance 9500, use variances are prohibited on the basis that they would amount to a change of zoning, ....... ..... .....+...-e+esFs<+ �tteu.¢tim�fil4A Gv'?�!..=.*��N'.°-�Ay4WT�`aTfPK��'4.'t`9` _ ' '•4grtr 9..:rv..em` t m�F.cee ANALYSIS RECOMMENDATIONS PLANNING DEPT, PLANNING ADVISORY BOARD; With the inception of Zoning Ordinance 9500, variances to Floor Area Ratio were prohibited for the same reason. This prohibition against use variances should logically be extended to the companion terms and conditions of use on the basis that a variance would,amount to a change of zoning. This proposed amendment would prohibit variances from the terms and conditions for the following specific uses: 1. Convenience establishments, as accessory to resiaenTial and office uses. The size of the convenience establishment and the computation of restaurant seating. 2. Signs. The number and size of signs. 3, Community based residential facilities. The distance required between community based residential facilities and their required recreation open space, yards, parking areas and signs. 4. Adult day care centers. 5. Child day care centers. Size and location restrictions and outdoor play area requirements of child and adult day care centers in certain zoning districts. 6. Adult entertainment or adult services. The definitions and distance required between adult entertainment establishments. Approval. At its meeting of June 3, 1987,'the Planning Advisory Boara adopted Resolution PAS 39-87, by a 7 to 2 vote, recommending approval of the above. .,..,.,.y. .. ,.m.aw ncC'�?.`F� :iFf,�nF�aw tN � ...r-;r-�; � tY; `rn: �r•:: ^x..;rc.+sue _ ... With the inception of Zoning Ordinance 9600, variances to Floor Area Ratio were prohibited for the same reason, ANALYSIS This prohibition against use variances should logically be extended to the companion terms and conditions of use on the basis that a variance would amount to a change of zoning. This proposed amendment would prohibit variances from the terms and conditions for the following specific uses: 1. Convenience establishments, as accessory to residential and office uses. The size of _ the, convenience establishment and the computation of restaurant seating. 2. Signs. The number and size of signs. 3. Community based residential facilities. The distance required between community based residential facilities and their required recreation open space, yards, parking areas and signs. — 4. Adult day care centers. 5. Child day care centers. Size and location restrictions and outdoor play area requirements of child and adult day care centers in certain zoning districts. 6. Adult entertainment or adult services. The definitions and distance required between adult entertainment establishments. a RECOMMENDATIONS PLANNING DEPT. Approval. PLANNING ADYISORY At its meeting of June 3, 1987, the Planning BOARD: Advisory Boaro adopted Resolution PAB 39-87, by a 7 to 2 vote, recommending approval of the • aoove. PAB 6/3/8' Item 03 Pa9e 2 IL037 , 1 With the inception of Zoning Ordinance 9500, variances to Floor Area Ratio were prohibited for the same reason ANALYSIS RECOMENDATIONS PLANNING DEPT. PLANNING ADVISORY BOARD: This prohibition against use variances should logically be extended to the companion terms and conditions of use on the basis that a variance would amount to a change of zoning. This proposed amendment would prohibit variances from the terms and conditions for the following specific uses: 1. Convenience establishments, as accessory to residential and office uses. The size of the convenience establishment and the computation of restaurant seating. 2. Signs. The number and size of signs. 3. Community based residential facilities. The distance required between community based residential facilities and their required recreation open space, yards, parking areas and signs. 4. Adult day care centers. 5. Child day care centers. Size and location restrictions and outdoor play area requirements of child and adult day care centers in certain zoning districts. 6. Adult entertainment or adult services. The definitions and distance required between adult entertainment establisnments. Approval. At its meeting of June 3, 1987, the Planning Advisory Board adopted Resolution PAB 39-87, by a 7 to 2 vote, recommending approval of the above. PAB 5/3/87 Item 03 ■ CITY COMMISSION At its meeting of July 23, 1987, the City Commission continued the above to its meeting of September 22, 1987. At its meeting of September 22, 1987, the City Commission continued the above to its meeting of October 22, 1987. 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 its meeting of December 10, 1987, the City Commission passed the above on First Reading. CITY COMMISSION At its meeting of July 23, 1981, the City Commission continued the above to its meeting of September 22, 1987. At its meeting of September 22, 1987, the City Commission continued the above to its meeting of October 22, 1987. At its meeting of October 22, 1987, the City Commission continued the above to -its melting of November 12, 1987. The decision of the December 2nd meeting will be presented at the December loth City Commission hearing. At its Fleeting of December 10, 1987, the City Commission passed the above on First Reading. 0 1078 MIAMI REVIEW Published Daily except Saturday, Sundav 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 140. 10378 P.O. # 4222 In the .. . , . X X X Court, was published in said newspaper in the issues of February 19, 1988 Affiant further says that the said, Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first blication of the attached copy of advertisement; and afflanl r er says that she has neither paid nor promised any per f m or corporation any discount, rebate, commission or re n for the purpose of securing this advertisement for publi a on in the aid newspaper. , ^�� a�,Q; • 'StvdrA Jcil(gd ;;ybscribed before me this day of ..,�.�,r�; a,hy.. A.D.19 .88 rr.Chero H. Marmer Nptatj(`PGbUc, State of Florida at Large tU} L (SEAL) '�, �� • • ryQ ,�` My Commtpsigrt•expires APlitti ,.i`988. MR 114 �'0111111110% CIlY OE UIIAMI, PL6hI5A LWIL N01I61 All Interested p§rWns will take notice that on the 28th day of January, 1988, the City Commission of Miami, Florida, adopted the following titled ordinances- OkbiNANCt NO.10313 AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH80PHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 29514999 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RES IDENTIAL TO COMMERCIAL/RESIbENTIAL; MAKING FIND- INGS; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE. ORDINANCE No.1031'4 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI- NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSI- FICATION OF APPROXIMATELY 2951.2999 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG•1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL RESI- DENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO.42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.10375 AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PAGE I6, TO APPLY SECTION 1610 HC-1: GENERAL USE HERITAGE CONSER- VATION OVERLAY DISTRICT, PURSUANT TO ARTICLE 16 TO THE "BUENA VISTA EAST HISTORIC DISTRICT GENER- ALLY BOUNDED BY THE REAR LOT LINES BETWEEN NORTHEAST 48TH STREET AND NORTHEAST 49TH STREET ON THE NORTH; NORTHEAST 2ND AVENUE ON THE EAST; NORTH MIAMI AVENUE ON THE WEST; AND NORTHEAST 42ND STREET AND THE REAR LOT LINES BETWEEN NORTHEAST 41ST STREET AND NORTHEAST 42ND STREET ON THE SOUTH; RETAINING THE UNDERLYING ZONING DISTRICTS ADOPTING AND; INCORPORATING BY REFER- ENCE THE HERITAGE CONSERVATION BOARD FINDINGS THAT THE BUENA VISTA EAST HISTORIC DISTRICT MEETS THE CRITERIA FOR HISTORIC DISTRICT DESIGNATION; ADOPTING AND INCORPORATING BY REFERENCE THE DESIGNATION REPORT; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10376 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,- FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL SUPPLEMENTARY REGULATIONS SECTION' 2003, ACCESSORY USES AND STRUCTURES" BY ADDING A NEW SUBSECTION 2003.10 GARAGE SALES; SPECIAL PER- MITS TO PROVIDE LIMITATIONS AND REQUIREMENTS FOR •. GARAGE AND YARD SALES; ARTICLE 36 DEFINITIONS SEC- TION 3602, TO DEFINE GARAGE SALE; AND AMENDING PAGE 1 OF 6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES, ACCESSORY. USES AND STRUCTURES, RS•1;'.RS•2, ONE -FAMILY DETACHED RESIDENTIAL, USES PERMISSIBLE BY SPECIAL PERMIT TO ADD A NEW PARAGRAPH 5 TO PROVIDE THAT GARAGE AND YARD SALES SHALL BE PERMISSIBLE ONLY BY SPECIAL GARAGE AND YARD SALE PERMIT AND BY AMENDING PAGE 2 OF 6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES, AC CESSORY USES AND STRUCTURES, RG-2 GENERAL RESI- DENTIAL, BY ADDING AN EXCEPTION THAT GARAGE SALES SHALL NOT BE PERMITTED IN THE DISTRICT OF THE OFFI- CIAL SCHEDULE -OF DISTRICT REGULATIONS; MAKING. FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10377 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION 2003.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS; BY REPEALING EXISTING SUBSECTIONS 2003.9.1 THROUGH 2O03.9.6 OF SAID SECTION AND SUB• STITUTING THEREFOR CONDITIONS AND LIMITATIONS, AS TO SPECIFIED PUBLIC FACILITIES: ORANGE BOWL,.BICEN- . TENNIAL PARK AND BOB13Y MADURO- MIAMI BASEBALL STADIUM AND THEIR PARKING.LOTS IN REGARD TO THE NUMBER OF EVENTS ANNUALLY AND PROVIDING FOR NOTIFICATION' TO ADJACENT PROPERTY OWNERS, CONTAINING A REPEALER PROVISION AND A SEVERAOIL- ITY CLAUSE, .ORDINANCE NO.10370 +r---""" AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS,, SEC. TION 2003 ACCESSORY USES AND STRUCTURES, SUB$ECT) ON 2003,7 CQNVENIENCE ESTABLISHMENTS AS ACCE$. SORY TO RESIDENTIAL OR OFFICE USES" BY AP A NEW PARAGRAPH 2O03.710 VARIANCE$ PROHIBITED; BY AMENDING 6EOTION 2O90-SIraN.$, (32EltlEi AL1,Y F.t .PAf?.- .. VIDE T11AT NO VARIANCES ARE PERMITTED; BY AMENDING, SECTION N 2034 CO.-MMUNITY:BASED REI 1DENT)A.• FACILI TIES BY APOING ANEW SWEISECTIDN 2034A VARIANCES PRQHIDITED; SY' AMENDING PROPOSED 1590TION 2035 ADULT PAY CARE CENTER$' BY +AOPINC A .NEW 151155EC•. TIQN 2055.0 VARIANCES P.ROHI$IT.ER; BY AMENPINC, I;EC' TIQN ?ON CHIL-P PAY PARE CENTERS 5Y,AC.DII>IQ1 A;t 9W Ia146,9I4TJON 20SS,r . AR:IAN ES P tS# 191 Ed3::< 'Y A4�E�1D!N BED(%Tl!1_$D4?.AG41t�a..ENTERTAINMENT Ol, APP at. Rs`FEf"f� VAt1fAltlo,8Hi' i Qt�6C� VAIANCNANC:E SECN1, pli�lELi; 1tMlltTlC1iS. (AIRSECT116N 3101:4 UU, A140>3P tI IC Gt3htl ITII I II$ OF Ot3E, AMI3 PI r� R ARSA RAr f .y l6POI IT Y dt.G�OAtfC11J0.",a'ir¢ 1v u........_.