HomeMy WebLinkAboutO-09500ORDINANCE NO, 9 5 0
AN ORDINANCE REPEALING COMPREHENSIVE ZONING
ORDINANCE 6871, AS AMENDED, AND SUBSTITUTING
THEREFORE A NEW ZONING ORDINANCE, TO BE KNOWN
AND CITED AS "THE 'ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA-" CONTAINING AUTHOR-
ITY, INTENT AND PURPOSE AND SHORT TITLE
SECTIONS; REGULATING STRUCTURES; USES AND
OCCUPANCIES; HEIGHT AND BULK; DENSITY; LOT
COVERAGE; LOT AREA PER DWELLING UNIT; PARK-
ING; SIGNS; PROVIDING FOR OFFICIAL ZONING
ATLAS AND OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS; ZONING DISTRICTS; PLANNED
DEVELOPMENT DISTRICTS; SPECIAL PUBLIC
INTEREST DISTRICTS; HERITAGE CONSERVATION
DISTRICT; GENERAL REGULATIONS; NON -CONFORMI-
TIES; FURTHER PROVIDING FOR FUNCTIONS AND
RESPONSIBILITIES OF COMMISSION, OFFICERS, AND
BOARDS; SPECIAL PERMITS; FURTHER PROVIDING
FOR. APPEALS FROM DECISIONS OF PLANNING
DEPARTMENT, ZONING BOARD AND CITY COMMISSION;
PROVIDING FOR ENFORCEMENT, VIOLATIONS AND
PENALTIES; AMENDMENTS; DEFINITIONS; REPEALING
ALL OTHER LAWS AND PARTS THEREOF IN CONFLICT,
PROVIDING FOR A RESORT TO REMEDIES CLAUSE,
AND PROVIDING FOR AN EFFECTIVE DATE 180 DAYS
AFTER RECEIPT OF ACKNOWLEDGMENT THAT THIS
ORDINANCE HAS BEEN FILED WITH THE SECRETARY
OF STATE.
WHEREAS, Comprehensive Zoning Ordinance No. 6871,
effective June 2, 1961, and subsequent amendments have been
found to be obsolete and in need of major revisions; and
WHEREAS, Dr. Ernest R. Bartley and Frederick Bair, Jr.,
consultants to the City, have prepared a new zoning ordi-
nance for the City; and
WHEREAS, the action of the City of Miami, Florida, in
repealing Comprehensive Zoning Ordinance No. 6871, as
amended, and the adoption and 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 Borne Rule Powers Act of 1973, Chapter
166.011 et. seq., Florida Statutes, as amended.
WHEREAS, this Zoning Ordinance is adopted as one 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, and of this
Zoning Ordinance which aids in implementing it, to promote
the public health, safety, morals, convenience, comfort,
amenities, prosperity, and general welfare of the City and
to provide, among other matters, a wholesome, serviceable,
and attractive community; to increase the safety and secu-
rity of home life; to preserve and create a more favorable
environment in which to rear children; to stabilize and
enhance 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 develop-
ment and redevelopment of the City; to increase traffic
safety and ease transportation problems; to provide more
adequately for vehicular parking, parks, parkways, recrea-
tion, schools, public buildings and facilities, housing, job
opportunities, light, air, water, sewerage, sanitation, and
other public requirements; to lessen congestion, disorder,
and danger which often inhere in unplanned and unregulated
urban development; to prevent overcrowding of land and undue
concentration of population; to conserve and enhance the
natural and man-made resources of the City; and to provide
more reasonable and serviceable means and methods of protec-
ting and safeguarding the economic and social structure upon
which the good of all depends.
WHEREAS, the new zoning ordinance has been subjected to
public scrutiny and citizen participation including a series
of six public meetings sponsored by the Planning Advisory
Board held throughout the City from March to June, 1980, to
which all City property owners were invited by letter; and
WHEREAS, the Miami Planning Advisory Board, at its
meeting of July 15, 1981, Item 6, following an advertised
hearing, adopted Resolution No, PAB 5081 by a 7 to 0 vote
2 950 Q
r,i 4
(1 member absent) RECOMMENDING APPROVAL of the Ordinance, as
hereinafter set forth; and
WHEREAS, the City Commission conducted two public hear-
ings on December 1 and 15, 1981, at Bayfr_ont Park Auditorium
to receive public comment on the new zoning ordinance; all
City property owners being notified by letter of the hear-
ings; and
WHEREAS, the City Commission wishes to encourage the
orderly growth and development of the City of Miami through
appropriate land use controls; and after careful considera-
tion of this matter, deems it advisable and in the best
interest of the general welfare of the City of Miami and
its inhabitants to approve this ordinance, as hereinafter
set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: The attached Exhibit "A" contains
the entire provisions of the herein Ordinance.
PASSED ON FIRST READING BY TITLE ONLY this 29th day of
Jul
, 1982.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY, SUBJECT TO THE EFFECTIVE DATE ABOVE, this 23rd day of
September , 1982.
��- ATTEST:
RALPH G. ONGIE
City Clerk
PREPARED AND APPROVED BY:
OEL E. MAXWELL
Assistant City Attorney
Maurice A. Ferre
MAURICE A. FERRE, Mayor
APPROVED AS TO FORM AND CORRECTNESS:
r / `
SE R. GARCIA�-PEDROSA
.ity Attorney
5
i Abk JNtVf PLORIDA
MAL N6flet
MIAiMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA.
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Sluver, who on oath says that she is the Assistant to
the Publisher of the Miami Review and Daily Record, 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
Re: ORDINANCE NO. 9500
In the .......X..X .X .......................... Court,
was published in said newspaper In the Issues of
Oct. 1, 1982
Afflant further says that the said Miami Review and Deily
Record is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published in sold 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 not promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said// newspaper,
q,,wlt l fill I fSrra
gworn to and subscribed bafora.me this
1St day of 'A.D. 19 ,$
is
J. Brooks
public, state of Fforida.,at Large
(SEAL) t "r
My Commission expires Jdq�
MR 116
All interested will take nonce that on the 26M day of September,
1982, the City Cohimiss(on of MIAMI, Florida adopted the lohbWiiig
titled otdinancas:
ORDINANCE NO.9492
AN ORDINANCE AMENDING ORDINANCE NO. 6811, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 25, 26 AND 91, BLOCK 1;
HOLLEMAN MANOR (10.30) SUBDIVISION, BEING
APPROXIMATELY 35M NORTHWEST'22ND AVENUE, FROM
R-3 (LOW DENSITY MULTIPLE DWELLING) TO Cd (GENERAL
COMMERCIAL); AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF, BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF iN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
ORDINANCE NO. 9493
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF TRACTS 1 AND 2 LESS THE EASTERLY
117.5' THEREOF; TENTATIVE PLAT NO. 1124-8 "A.C,
SUBDIVISION'; BEING APPROXIMATELY 3200 NORTH MIAMI
AVENUE, FROM R-2 (TWO FAMILY DWELLING) TO C-5
(LIBERAL COMMERCIAL); AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
2, THEREOF, BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF iN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE,
ORDINANCE NO.9494
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 35 THROUGH 40, BLOCK 4;
BRADDOCK'S SUB NO. 4 (3-63): BEING APPROXIMATELY
1471 NORTHWEST 17TH STREET, FROM R-3 (LOW DENSITY
MULTIPLE) TO R-5 (HIGH DENSITY MUTIPLE), AND BY
MAKING ALL THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9496
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF.MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF PORTIONS OF PINE TERRACE (57.65);
LES SUBDIVISION (61-56); REBOZO SUBDIVISION (63-53)
AND THAT PORTION OF UNPLATTED LAND AS DESCRIBED
ON FILE WITH THE PLANNING AND ZONING BOARDS
ADMINISTRATION DEPARTMENT; BEING 2810-2824.2840
SOUTHWEST 27TH AVENUE AND 2727.2737.2741.2743-
2801-2815 SOUTHWEST 28TH TERRACE, FROM R4 (MEDIUM
DENSITY MULTIPLE); RCC (RESIDENTIAL -OFFICE) AND C-2
(LOCAL COMMERCIAL) TO SPD-6 (COCONUT GROVE RAPID
TRANSIT DISTRICT), AND BY MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A PART
OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY
CLAUSE.
ORDINANCE NO.9496
AN ORDINANCE AMENDING SECTIONS 5.47, 5.49, 5.58,
5.59 Ai4D 5.61 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED BY ENLARGING THE MEMBERSHIP
OF THE CITY OF MIAMi PROFESSIONAL BOXING AND
WRESTLING BOARD FROM 5 MEMBERS TO 11 MEMBERS
WITH SAID MEMBERS BEING SUBJECT TO REMOVAL
WITHOUT CAUSE BY THE CITY COMMISSION; PROVIDING
THAT BOARD MEMBERS AND THE SECRETARY•TREASURER,
BE REIMBURSED FOR ACTUAL EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR OFFICIAL. DUTIES;
PROVIDING THAT THE BOND REQUIRED TO BE POSTED
BY A PROMOTER FOR AN EXHIBITION, CONTEST,
ENCOUNTER OR SHOW MAY BE IN THE .FORM OF A
SURETY BOND; PROViDING THAT THE ADMISSION TAX
BE INCREASED FROM 20l9 TO 3% OF THE PLAID ADMISSION
CHARGED FOR ANY EXHIBITION, CONTEST, ENCOUNTER
OR SHOW; PROViDINQ THAT RUI 9$ AND REGUWIANS
ADOPTED AND ADMINISTERED BY SAIiP BOARD SE
APPROVED BY THE CITY CQMMIS$ION BEFORE MQMIf+IO
EFF€CTI, 9; GO.NTAINiNG A REP€AI,.IER P.ROVISiON; A
SEV€RAPI ITY CLAUSE; ANQ QISPENSIMG WITH THE
RE,QUIREMIgNT OF -99A. DING SAME i N. 2 6ERARATE i, YS
BY AN AFFIRMATIVE VOTE AF .NQT EESS THAN FOUR-
FIFTMS OF THEM€MSERS OF THE GQMMISSION
Ik
ORDINANCE NO.9497
AN EMERGENCY ORDINANCE AMENDING CHAPTER 37
OF THE CODE OF THE: CITY 01= MIAMI, FLORIDA, AS
AMENDED, BY THE ADDITION OF A NEW SECTION 37.70
ENTITLED "STANDING IN LINE FOR PROFIT", PROHIBITING
THE STANDING IN LINE FOR VALUE IN FRONT OF AN
OFFICE OR COMMERCIAL ESTABLISHMENT WITHIN THE
CITY OF MIAMI; CONTAINING A REPEALER PROVISION
AND A SEVERA8ILITY CLAUSE,
ORDINANCE NO, 9498
ORDINANCE NO.6871, AS AMENDED, THE COMPREHEN•
SIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE
IV, SECTION 17 (ENTITLED "FENCES, WALLS AND HEDGES'),
SUBSECTION (4), IS HEREBY AMENDED BY DELETING
EXISTING SUBSECTION (4) AND INSERTING IN LIEU
THEREOF A NEW SUBSECTION (4) ELIMINATING THE
PERMISSIVE USE OF BARBED WIRE; EXCEPT FOR
CONDITIONAL USE APPROVAL IN RESIDENTIAL DISTRICT;
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO,
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE.111,
SECTION 2, THEREOF, AND BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO.9499
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
MIAMI, AS AMENDED, BY AMENDING CHAPTER 62,
"PLANNING AND ZONING", ARTICLE VI, "ZONING FEES",
SECTION 62.61, "SCHEDULE OF FEES", BY ADDING A
NEW SUBSECTION TO PROVIDE FOR A SURCHARGE IN
THE FEE SCHEDULE AND BY AMENDING SECTION 62.62
"REQUEST FOR REVIEW"; MORE PARTICULARLY, BY
AMENDING THE FIRST PARAGRAPH OF SAID SECTION
62-62 TO PROVIDE THAT IF A PROPERTY OWNER WITHIN
375 FEET OF A PROPERTY INVOLVED IN A DECISION OF
THE ZONING BOARD APPEALS THE DECISION TO THE
CITY COMMISSION THEN NO FEE SHALL BE CHARGED;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE,
ORDINANCE NO. 9500
AN ORDINANCE REPEALING COMPREHENSIVE ZONING
ORDINANCE 6871, AS AMENDED, AND SUBSTITUTING
THEREFORE A NEW ZONING ORDINANCE, TO BE KNOWN
AND CITED AS "THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA." CONTAINING AUTHORITY, INTENT
AND PURPOSE AND SHORT TITLE SECTIONS; REGULATING
STRUCTURES; USES AND OCCUPANCIES; HEIGHT AND
BULK; DENSITY; LOT COVERAGE; LOT AREA PER
DWELLING UNIT; PARKING; SIGNS; PROVIDING FOR
OFFICIAL ZONING ATLAS AND OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS; ZONING DISTRICTS; PLANNED
DEVELOPMENT DISTRICTS; SPECIAL PUBLIC INTEREST
DISTRICTS; HERITAGE CONSERVATION DISTRICT; GENERAL
REGULATIONS; NON -CONFORMITIES; FURTHER
PROVIDING FOR FUNCTIONS AND RESPONSIBILITIES OF
COMMISSION, OFFICERS, AND BOARDS; SPECIAL
PERMITS; FURTHER PROVIDING FOR APPEALS FROM
DECISIONS OF PLANNING DEPARTMENT, ZONING BOARD
AND CITY COMMISSION; PROVIDING FOR ENFORCEMENT,
VIOLATIONS AND PENALTIES; AMENDMENTS; DEFINITIONS;
REPEALING ALL OTHER LAWS AND PARTS THEREOF IN
CONFLICT, PROVIDING FOR A. RESORT TO REMEDIES
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE 180
DAYS AFTER RECEIPT OF ACKNOWLEDGMENT THAT THIS
ORDINANCE HAS BEEN FILED WITH THE SECRETARY OF
STATE.
ORDINANCE NO.9501
AN ORDINANCE DEFINING AND DESIGNATING THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION; FIXING THE TENTATIVE MILLAGE
AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982,
AND ENDING SEPTEMBER 30, 1983; CONTAINING A
SEVERABILITY CLAUSE,
ORDINANCE NO.9502
AN ORDINANCE MAKING TENTATIVE APPROPRIATIONS
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 19a3;
CONTAINING A REPEALER PROVISION; AND A
SEVERABILITY CLAUSE.
00INANCE NO.9503
AN ORDINANCE DEFINING AND DESIGNATING THE
TERRITORIAL LIMITS OF THE DOWNTOWN DEVELOPMENT
DISTRICT OF THE CITY OF MIAMI LOCATED WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION, FIXING THE MILLAGE AND
LEVYING TAXES IN THE DOWNTOWN DEVELOPMENT
DISTRICT LOCATED WITHIN THE TERRITORIAL LIMITS
OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER
30, 1983; FIXING THE MILLAGE AT FIFTY ONE -HUNDREDTHS
(.50) MILLS ON THE DOLLAR OF THE NONEXEMPT
ASSESSED VALUE OF ALL REAL AND PERSONAL PROPERTY
IN SAID DISTRICT AND PROVIDING THAT THE SAID
MILLAGE AND THE TAXES LEVIED HEREIN SHALL BE IN
ADDITION TO THE FIXING OF THE MILLAGE AND THE
LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS
OF THE CITY OF MIAMI, WHICH IS CONTAINED IN THE
GENERAL APPROPRIATION ORDINANCE FOR THE
AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30
OF THE CITY CHARTER; PROVIDING THAT THE FIXING
OF THE MILLAGE AND LEVYING OF TAXES HEREIN SHALL
BE IN ADDITION TO SPECIAL ASSESSMENTS FOR
IMPROVEMENTS IMPOSED BY THE CITY COMMISSION
OF THE CITY OF MIAMI WITHIN THE TERRITORIAL LIMITS
OF THE CITY OF MIAMI: PROVIDED THAT THIS ORDINANCE
SHALL NOT BE DEEMED AS REPEALING OR AMENDING
ANY OTHER ORDINANCE FIXING MILLAGE OR LEVYING
TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1982 AND ENDING SEPTEMBER 30, 1983 BUT SHALL BE
DEEMED SUPPLEMENTAL AND IN ADDITION HERETO;
AND PROVIDING THAT IF ANY SECTION, CLAUSE OR
SUBSECTION SHALL BE DECLARED UNCONSTITUTIONAL,
IT SHALL NOT AFFECT THE REMAINING PROVISIONS OF
THIS ORDINANCE.
ORDINANCE NO, 9504
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY
OF MIAMI FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1983; AUTHORIZING THE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR
ADVERTISE FOR BIDS FOR THE PURCHASE OF ANY
MATERIAL, EQUIPMENT OR SERVICE EMBRACED IN THE
SAID APPROPRIATIONS FOR WHICH FORMAL BIDDING
MAY BE REQUIRED PROVIDING THAT THIS ORDINANCE
SHALL BE SUPPLEMENTAL AND IN ADDITION TO THE
ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1983 FOR THE OPERATION
OF THE CITY OF MIAMI, FLORIDA: PROVIDING THAT IF
ANY SECTION, CLAUSE OR SUBSECTION SHALL BE
DECLARED UNCONSTITUTIONAL, IT SHALL NOT AFFECT
THE REMAINING PROVISIONS OF THIS ORDINANCE.
RALPH G. ONGIE
CITY CLERK
nn,i CITY OF MIAMI, FLORIDA
Publication of this Notice on the 1st day of October 19132.
1011
M82-100108
t, fit lr.:t• r ., t irl.OANOI JfA
'O Jose R. Garcia -Pedrosa
City Attorney
,r?r Joel R, Maxwell
Assistant City Attorney
October 8, 1981
New Comprehensive Zoning
Ordinance No. 9500'for
the City of Miami, Florida
?., . i „{ ,j• [,
Please be advised that the Planning Department is in receipt
of the Secretary of State's acknowledgment of the City's fil-
ing of its "New Comprehensive Zoning Ordinance Numbered 9500."
The ordinance has an effective date of 180 days subsequent
to said receipt. Therefore, the effective date for to riewr.�
ordinance will be April 6, 1983.-��-,�' `'ram' rn
m --'r
JRM: is :'-`j- r I,
cc: Terry V. Percy=-"'�."
Deputy City Attorney
Robert F. Clark
Deputy City Attorney
Lucia T. Allen
Deputy City Attorney
Joe MacManus
Acting Director
Planning Department
Aurelio Perez-Lugones
Director
Planning and Zoning Administration Boards
Howard V. Gary
City Manager
David H. Teems, Deputy Chief
Building & Zoning Inspection Services Dept.
Ralph G. Ongie
City Clerk
LIM
k z.4 Howard V. Gary
City Manager
41 1
bseah W. McManus
Acting Director
Planning Department
V
" 5e temper 16 t 1982
Agenda Itom 20
City Commission Pieeti ng on
Planning and Zoning. September 23t 10M
New Zoning Ordinance
. ,.
Please use the Proposed Comprehensive Zoning Ordinance text, schedule and
amendments previously distributed to you as Agenda Item 25 for the City
Commission meeting on Planning and Zoning items of June 24, 19C2. If you
need additional copies, please call the Planning Department at 579-6035.
A
,u Howard V. Gary
City Manager
Joseph W. McManus
Acting Director
Planning Department
CITY OF MI.AMI, �LOWnA
i,,,4T -, P-0FF•ICF MEMORANDUM
LNW F September 17, 1982 FILE
Agenda Item
City Commission Meeting on
Planning and Zoning:
September 23, 1982
Proposed Zoning ordinance
it is recommended that the City Commission
Lass on second reading the proposed Zoning
Ordinance of the City of Miami, Florida,
applicable to all lands and water within
the City of Miami, including: (a) Zoning
Text, (b) Official Schedule of District
Regulations, and (c) Official Zoning Atlas,
containing a saving clause and severability
clause, providing an effective date 180
days after the ordinance has been filed
with the Secretary of State and repealing
Comprehensive Zoning Ordinance 6871 as of
that date.
The proposed Zoning Ordinance, which is composed of: a) Zoning
Text, b) Official Schedule of District Regulations and c) Official
Zoning Atlas, was passed by the City Commission on first reading
on July 29, 1982. The proposed zoning ordinance includes changes
in response to public hearings on December 1 and 15, 1981, and
existing zoning districts that have been added to the existing
zoning ordinance since May 7, 1981. These changes and additions
are shown on two attachments to this memorandum.
Dr. Ernest R. Bartley, Principal Zoning Consultant to the City,
will make a presentation to the Commission on the proposed Zoning
Ordinance at the beginning of the second reading. Mr. Joseph
McManus, Acting Planning Director, will then review the status of
the proposed Zoning Ordinance.
JWM/GJA/vb
Attachments
cc: Law Department
9.1;n0
PLANNING DEPARTMENT RECOM 8NDATIONS
PROPOSED NEW COMPREHENSIVE ZONING ORDINANCE
PUBLIC HEARINGS OF DECEMBER 1 AND 151 1981
RECOMMENDATIONS!
1. CHANGE RC AREA ON SW 13TIl STREET, BETWEEN THE RAPID
TRANSIT RIGHT -•OF• -WAY AND 5W 3RD AVENUE FROM R-C TO
RO-3/7.
2. CHANGE 4 PARCELS ZONED R-3 AT SW 24TIl TERRACE/31ST
AVENUE TO RG-2.1/3.3.
3. ADOPT A NEW SPI-10 OVERLAY DISTRICT TO PROVIDE SITE
PLAN REVIEW, AND SPECIAL YARD AND HEIGHT ENVELOPE
REQUIREMENTS AND APPLY IT TO THE MERCY HOSPTTAt AREA
0-1 ZONING DISTRICT.
4. CHANGE TIIE PROPOSED RS-2 TO RG-1 IN THE SW 19TH ROAD
AREA TO COINCIDE WITH THE PRESENT ZONING PATTERN.
5. CHANGE THE PROPOSED ZONING ON THE NORTH SIDE OF NW
7TH STREET BETWEEN 43RD AND 45TH AVENUE FROM CR-2
TO CR-3/7.
6. CHANGE THE PROPOSED ZONING ON THE SOUTH SIDE OF NW 5TH
STREET BETWEEN 4TI-I AND 5TH AVENUES FROM RG-/6 TO CR-2/7.
Conversion Chart for Zoning Districts that have been added to the
:Existing and Proposed Zoning Ordinances since May 7, 1981
Existing Districts
Proposed Districts
Zoning Text
IIC-Heritage Conservation Zones HC: Heritage Conservation Districts
CBD-2 SPI-6: Central Commercial Resi-
dential District
MXD-1,2,3-Mixed Use Districts SPI-7,7.1,7.2: Brickell-Miami River
Rapid Transit Com-
mercial Residential
Districts
SPD-4-Design Plaza Overlay SPI-8: Design Plaza Commercial
Residential District
SPD-3-Biscayne Boulevard North
Overlay District SPI-9: Biscayne Boulevard North
Overlay District
NONE SPI-10: Mercy Hospital Overlay
District
9500
CEIV,Et)
FLORIDA DEPARTMENT OFI§� [AT
George Firestone OFt
fA{lI; F-K*CITY'M,'FLct
A.
October 6, 1.982
Mr. Ralph G. Ongi,e
City of Miami
3500 Pan American Drive
City hall
Niii-,ii, Florida 33133
Dear Mr. Ongie:
anda This will acknowledge your letter of September 28
copy of Ordinance No. 9500, the new Zoning Ordi-
nance for the City of Imiami-, w1iiell was filed in this
office on October 5, 1982.
Kindest regards.
Cordially,
(Mrs.) UN a n c y Kavanaugh
Chief, Bureau of Laws
NKI Is
FLORIDA-State of the Arts
K 1. Pf i G. C)', 1
L
0
co
CnIg
t"'! f lo,
September 28, 1982
\W. Rc); ;\I P!%
Honorable George Firestone
Secretary of State
The Capitol
Tallahassee, Florida 32301
Dear Mt. Firestone:
Enclosed for your files is Ordinance 9500 - the new Zoning Ordinance
for the City of Miami, Florida - passed on second reading September 23,
1982, with an effective date 180 days after receipt of acknowledgement
that this ordinance has been filed with the office of the Secretary of
State.
Please acknowledge your receipt of the document by return receipt
so we can begin to toll the 180 days.
Sinc ely,
1'
C/` l7
a PphG. Ongie
i itv C
ty Clerk
Encl. als
Honorable George Firestone
The Capitol
i Tallahassee, Florida 32301
(Iflus postage
0111 DATE
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Acid your addrest in the 'RETURN TO" srsct on
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INITIALS
WUru: 1978-272-932
ZONING ORDINANCE
OF THE CITY 0F MIAMI
ORD.no,9500
A
,
j,
t.
PROPOSED ZONING ORDINANCE FOR
THE CITY OE MIAMI, FLORIDA
MAY 7t 1981
CITY COMMISSION
Maurice A. Terre, Mayor
Theodore R. Gibson, Vice -Mayor
Joe Carollo
Armando Lacasa
J. L. Plummer, Jr.
CITY MANAGER
Howard V. Gary
Jim Reid, Acting Assistant City Manager
CITY CLERK
Ralph G. Ongie
This book contains the Text and the Schedule of District Regulations of the pro-
posed Zoning Ordinance. They were prepared by Dr. Ernest R. Bartley and Fred H.
Bair, Jr., zoning consultants, with the assistance of the City of Miami Planning
Department. Both documents were the subject of a series of public meetings and
hearings held by the Miami Planning Advisory Board. Following is a list of persons
who participated in the final preparation and/or review and modification of the
proposed Zoning Ordinance:
PLANNING ADVISORY BOARD
Grace Rockafellar, Chairperson
Lorenzo Luaces, Vice -Chairman
Eduardo Cal i I
Jose Correa
Aaron J. Manes
Arsenio Milian
Cyril Smith
Patricia M. Kolski, Alternate
*Mary Lichtenstein
*Richard Rosichan
PLANNING DEPARTMENT
Joseph W. McManus, Acting Director
George Acton, Jr., Project Coordinator
Richard O. Whipple, Chief, Current Planning
Jack Luft, Planner III
Matthew Schwartz, Planner III
Jose Casanova, Planner II
Fred Fernandez, Planner I
Laurence Martinez, Planner I
Richard Butler, Planning Illustrator II
Debra Ann Ragin, Secretary
DEPARTMENT OF ADMINISTRATION PLANNING AND ZONING BOARDS
Aurelio E. Perez-Lugones, Director
t Gloria Fox, Assistant Director
Nancy Mills, Secretary
LAW DEPARTMENT
George P. Knox, Jr., City Attorney
Terry Percy, Deputy City Attorney
Mark Valentine, Assistant City Attorney
BUILDING DEPARTMENT
Gerardo Salmon, Director
Laura Howell, Chief Zoning Inspector
Richard Weisberg, Zoning Inspector 1
PUBLIC WORKS DEPARTMENT
Donald W. Cather, Director
George Campbell, Assistant Design Engineer
*No Longer With the City of Miami
Special acknowledgement is accorded the following committees who worked dili-
gently in reviewing and making recommendations on the proposed ordinance:
ARCHITECTS, LANDSCAPE ARCHITECTS, ENGINEERS AND PLANNERS
Mr. Louis A. Jamil
Mr. Raul Alvarez
Mr. Roy Barden
Mr. Willie Bermelo
Mr. James Deen
Mr. Roger Fry
Mr. H. Samuel Kruse, Chairman
Mr. Walter Martinez
Mr. Lester Pancoast
Mr. Paul Stutsman
Mr. Robert West
CONSUMERS AND USERS
Mr. Aaron J. Manes, Chairman
Ms. Aurelio Maer, Vice -Chairwoman
Ms. Ruth Bartol i
Ms. Janet Waldman
Ms. Sarah West
DEVELOPERS, LAWYERS AND INVESTORS
Mr. Irvin Adler
Mr. Michel Anderson
Mr. Hernando Carillo
Mr. Sidney Fogin
Mr. John Forte, Co -Chairman
Mr. Brian J. Giller
Mr. Tibor Hollo, Co -Chairman
Mr. Robert Korner
Mr. Jess Lawhorn
Ms. G. Miriam Maer
Mr. Herbert Simon
Mr. Robert Traurig
INTRODUCTION
. ign
' Over the post five years] the City of Miami has been engaged in a concen,
trated planning program, designed to provide a meaningful, efficient, and
economical framework for future growth and development, A great deal has been
accomplished in that time, but several important ingredients vital to the program
remain.
The planning process carries with it not only the setting of comprehensive
goals and objectives to guide future growth but includes the utilization of a variety
of means for implementation of those goals.
Early in the present planning program, it was recognized that one of the
important means of implementation would be necessary land use controls, and
particularly zoning. To that end, the City commissioned its zoning consultants,
Ernest R. Bartley and Frederick Bair, Jr., to analyze and evaluate the present
zoning ordinance. Their report clearly demonstrated that the present zoning
ordinance would not meet the requirements of the comprehensive planning program
of the City. Their report made a number of major, and numerous minor
recommendations. Those major recommendations indicated that:
I. The present Miami zoning ordinance should be completely reorganized and
rewritten to reflect the fact that future City development would, in almost
all instances, be redevelopment.
2. The present physical format should be changed to incorporate a Schedule of
District Regulations approach, removing from the text of the ordinance most
regulations applicable to specific zoning classifications and presenting them
in columnar form for easier citizen use and administration.
3. Reeevaluation of intensities of various types of uses - commercial, industrial,
and residential, throughout the City would be necessary.
4. As a basis for residential land use intensities the City should adopt a modi-
fied version of the Land Use Intensity System (LUI) of the Federal Housing
Administration. This internally consistent system provides a sound basis for
regulation by coordinating lot coverage, height, bulk, building spacing, and
related controls based on gross (rather than, at present, net) land acreage.
Present inconsistent and uneven controls would thus be supplanted.
5. A new ordinance must be related more closely, than is presently the case, to
an understanding of the consequences of regulation of architectural form.
6. A limited form of transfer of development rights should be included.
IAn Analysis and Evaluation of the Comprehensive Zoning Ordinance of the City
of Miami, Florida, May, 1976, pp.i-xxvii, 534
7. A new ordinance should distinguish between and make provision for Planned
Development and Special Public Interest districts, Greater use should be
made of these modern techniques than at present under carefully drawn _
standards guiding exercise of administrative discretion.
8. Reconsideration of the present numbers of "special approvals" should result in
the establishment of a logical special permit system, with the officer or
agent for each type of special permit operating under meaningful standards
9. Certain regulations now found in the present zoning ordinance are not
properly zoning in character and should be placed in other parts of the City
Code of Ordinances.
10. Some parts of the present zoning ordinance are not enforced, or are enforced
only upon citizen complaint. Regulations that are a part of a new ordinance
should be put there with a commitment to enforce them - or they should be -
dropped altogether.
The proposed new zoning ordinance, which consists of three major parts)
incorporates the above listed recommendations. The three parts of the ordinance
are:
a. The Text sets out general provisions on procedures and administration)
regulations applying generally to several or all zoning districts or classifica-
tions, definitions, standards necessary for the exercise of discretion by those
charged with the administration of the ordinance, and provisions for
specialized treatment of particular types of development.
b. The Schedule of District Regulations lists the regulations applying in most
zoning districts.
C. The Zoning Atlas outlines the boundaries of the proposed districts and shows
t e Land Use Intensity sector for each district.
The book, which includes the proposed Text and the Schedule of District
Regulations as approved and recommended to the City Commission by the Miami
Planning Advisory Board, represents over three years of intensive effort on the part
of the Planning Advisory Board, the Planning Department, and the consultants.
The first draft of the ordinance was considered by the Planning Advisory
Board in a long series of workshops extending from December, 1977 to
November, 1978. Sitting in on those sessions and serving critical and advice giving
functions were members of the Zoning Board and affected City personnel. During
the course of those workshops, numerous changes, additions, and deletions were
made to original draft as submitted by the consultants. The ordinance was revised
and by January, 1980, it was ready for public review.
To insure an in depth public review, notices were sent to 88,000 Miami
property owners informing them of six public meetings to be held in six different
neighborhoods from March to June, 1980. At these meetings, all public comment
was recorded for future Planning Advisory Board consideration. In addition three
citizen review committees were formed: The Consumers and Users; the
Architects, Landscape Architects, Engineers, and Planners; and the Developers,
Lawyers, and Investors. The committees commenced work on the proposed zoning
ordinance in April and submitted their reports to the Planning Advisory Board
during the September, 1980) public hearings held on the ordinance by the Board,
During October, 1980, the Planning Advisory Board started public mark up
sessions to consider all comments made by citizens and the three committees: By
May, 1981 the lengthy series of mark up sessions were complete and on July 15, the
Planning Advisory Board approved and recommended the proposed zoning ordinance
for adoption by the City Commission. c
a
PROPOSED
ZONING
TEXT
City of Miami, Florida
EXHIBIT "A"
TABLE OP CONTENTS
ARTICLE 1, INTRODUCTION
100.
Repeal of Ordinance No, 6071, As Amended
110.
Authority
120,
Intent and Purpose
130.
Short Title
ARTICLE 2. APPLICATION OF REGULATIONS
200, Zoning Affects All Lands, Waters, Structures, Uses and Occupancies.
210. Zoning Affects Height and Bulk of Buildings, Population Density, Lot
Coverage, Yards and Other Open Spaces, Offstreet Parking and
Loading, Signs, and Other Matters,
220. Yards, Area, Open Space, Offstreet Parking or Offstreet Loading
Space for one Structure or Use Not to be Used to Meet Requirements
for Another.
230. Creation of New Lots; Reduction of Lot or Yard Dimensior; Below
Minimum Requirements Prohibited.
240. Reduction of Required Offstreet Parking or Offstreet Loading Space
Prohibited.
250. Erection or Maintenance of Unauthorized Signs Prohibited.
ARTICLE 3. OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE
OF DISTRICT REGULATIONS
300.
Official Zoning Atlas and Supplements; Adoption
300.1.
Land Use Intensity Sectors
300.2.
Mapping SPI: Special Public Interest Districts
300.3-6.
Reserved
300.7.
Inset Maps
300.8.
Other Supplements
301-309.
Reserved
310.
District Regulations Extend to All Portions of Districts Surrounded
By Boundaries
311.
Rules Where District Designation or Land Use Intensity is Not In-
dicated; Corrections
312-314.
Reserved
315.
Rules Where There is Uncertainty as to Boundaries
315.1.
Boundaries Indicated as Approximately Following The Center-
lines of Streets, Alleys, Rights of Way, or Easements; Variation
Between Actual and Mapped Location; Effect of Vacation on
Zoning Status of Property
315.2.
Boundaries Indicated as Approximately Following Boundaries of
Streets, Alleys, Other Public or Private Property Lines, Rights of
Way, or Easements
315.2.1.
General Rule
315.2.2.
Exception in Cases of Apparently Unzoned Strips; Effect of
Vacation on Zoning Status of Property
315.3.
Boundaries Indicated as Approximately Following City Limits;
Changes in City Limits
315.3.1,
Generally
315.3.2.
Effect of Removal of Areas From City
315.3.31
Effect of Ammexatims to the City
315,4,
Boundaries Indicated as Approximately rOIlowing Mean High
Water Lines or CehtetIlhes of Strearns, Canals, lakes, Bays, or
Other Bodies of Water
315.5.
Boundaries Indicated as Entering Any Body of Water
315.6.
Boundaries Indicated as Approximately Parallel to or Extensions
of Features _
315.7,
Distances Not Specifically Indicated
315,8.
Zoning Board Action in Cases of remaining Uncertainty, Can-
flicts
316,
Actions by Special Exception and Limitations Thereon in Cases Where
Zoning District Boundaries Split Lots or Parcels
317Y-319,
reserved
320,
Schedule of District Regulations for Districts Other than Special
Districts; Adoption
321-324.
Reserved
325.
Official Zoning Atlas; Official Schedule of District Regulations --
Authentication and Location
325.1.
Authentication
325.1.1.
Official Zoning Atlas
325.1.2.
Official Schedule of District Regulations
325.2.
Location of Official Zoning Atlas, Official Schedule of District
Regulations
326.
Official Zoning Atlas; Official Schedule of District Regulations --
Amendment; Unauthorized Changes Prohibited
326.1.
Amendment
326.2.
Posting; Notice Concerning Incomplete Posting; Authentication
326.2.1.
Posting Required; Notice Concerning Incomplete Posting L'
326.2.2.
Authentication; Recording of Nature and Dates of Amend-
ments
326.3.
Unauthorized Changes Prohibited
327.
Official Zoning Atlas; Official Schedule of District Regulations --
Final Authority
328.
Retention of Earlier Zoning Maps or Atlases or Schedules of District
Regulations r
-329.
Replacement of Official Zoning Atlas, Official Schedule; Authen-
tication; Preservation of Prior Records
329.1.
Replacement of Official Zoning Atlas; Official Schedule of
District Regulations
329.2.
Authentication
329.2.1.
Replacements Not Involving Amendment
329.2.2.
Replacements Involving Amendment
ARTICLE 4. ZONING DISTRICTS
400. Districts Listed
400.1. Interim Zoning Districts
400.2. Special Public Interest Districts
401. Definitions of Groupings of Various Districts
401.1. Residential Districts
401.2. Commercial Districts
401.3. Industrial bittriots
401.4. Other Districts
ARTICLE 5. PLANNED DEVELOPMENT (PD) DISTRICTS, GENERALLY
500. Intent
501. Planned Development, bef ined
502. Planned Development (PD) Districts, Where Permitted; How Desig-
nated
502.1. Relation to Major Transportation Facilities
502.2. Relation to Public Utilities, Facilities, and Services
502.3. Alternative private Provision of Utilities, Facilities, Services, or
Payment Off -setting Added Net Public Costs
502.4. Physical Character of the Site; Relation to Surrounding Property;
Increases or Reductions in Required Minimum Area
502.4.1. Reductions or Increases in Minimum Areas Generally Re-
quired
502.4.1.1. Lesser Areas
502.4.1.2. Greater Areas
502.4.2, Additions to PD Districts not Subject to Minimum Area
Requirements
503. Relation of PD Regulations to General Zoning, Subdivision or Other
Regulations
504-509. Reserved
510. Procedures
510.1. Pre -application Conference
510.2. Applications for PD Amendments; Materials to be Submitted
510.2.1. Report
510.2.2. Survey
510.2.3. Preliminary Development Concept Plan
510.2.4. Special Surveys, Approvals, or Reports Required Where
Development is Dependent on Such Surveys, Approvals, or
Reports
510.2.5. Indications as to Nature and Succession of Staging
510.2.6. Proposals on Provision and Continuing Operation and Main-
tenance of Facilities for Common Use
510.2.7. Proposals Concerning Restrictive Covenants
510.3. Actions Following Receipt of Application for PD Rezoning
510.3.1. Zoning Board Referral to Department of Planning
510.3.2. Department of Planning Review and Recommendations;
Conference with Applicants
510.3.3. Zoning Board Action; Findings and Recommendations
510.3.4. Action by the City Commission
510.3.4.1. Modification of General Regulations in Particular Cases
510.3.4.2. Establishing Conditions and Safeguards Concerning
Staging in Particular Cases
510.3.4.3. Effect of City Commission Action
511-514. Reserved
515. Department of Planning Action Following Rezoning to PD Status
515.1. Approval of Final Plans and Reports
515.2. Changes in Final Plans and Reports
516. Expiration of Time Limits in Relation to PD Amendments; Failure to
Meet Other Requirements
ARTICLE 6, PD-H.- PLANNED DEVELOPMENT -HOUSING DISTRICTS
600,
Application of Regulations-, Pt)�H Districts Defined, Intent
601.
PD&H Districts-. Where Permitted, Intent Concerning Timing
602-604.
Reserved
605.
Principal and Accessory Uses and Structures Permitted Generally
605.1.
Principal Uses and Structures Permitted Generally
605.2.
Accessory Uses and Structures Permitted Generally
606.
Uses and Structures Permissible in Large PD.H Districts
606.1.
Planned Shopping Centers
606,2.
Convenience Establishments
606,2.1.
Minimum Number of Dwelling Units Required to Support
Convenience Establishments as Principal Uses in PD-H
District
606.2.2.
Location, Grouping
606,2.3,
Control of Potential Adverse Effects
606.2,4.
Maximum Size of Establishments
606.2.5,
Lot Coverage Limitations
606.2.6.
Yards, Landscaping
606.2.7.
Building Spacing
606.248.
Offstreet Parking, Loading
606.2.9.
Limitations on Signs
606.2.10.
Lighting
606.2.11.
Conduct of Operations
606.2.12.
Hours of Operation
607-609.
Reserved
610.
Land Use Intensity Ratings and Related Requirements
611.
Reserved
612.
Site Planning, External Relationships
612.1.
Principal Vehicular Access Points; Mass Transportation
612.2.
Access for Pedestrians and Cyclists
612.3.
Protection of Visibility --Automotive Traffic, Cyclists, and Pede-
strians
612.4.
Uses Adjacent to RS Districts
612.5.
Yards, Fences, Walls, or Vegetative Screening at Edges of PD-H
Districts
612.6.
Height Limitations at Edges of PD-H Districts
612.7.
Signs Visible from Outside PD-H Districts
613.
Site Planning, Internal Relationships
613.1.
Streets, Drives, Parking, and Services Areas
613.2.
Vehicular Access to Streets
613.2.1.
Streets or Portions of Streets Serving Fifty (50) or Fewer
Dwelling Units or One Hundred (100) or Fewer Lodging Units
613.2.2.
Vehicular Access to Other Streets or Portions of Streets
613.3.
Ways for Pedestrians and Cyclists; Use by Emergency or Service
Vehicles
613.4.
Protection of Visibility --Automotive Traffic, Cyclists, and Pede-
strians
613.5.
Open Space and Spacing of Buildings or Portions of Buildings
Containing Dwelling or Lodging Units
ARTICLES 7-8. RESERVED
k,
ARTICLE 9. ICI),-I.10 PLANNED 0VELOPMENT-=HIGHWAY COM-
MERCIAL OISTRICTS
900.
Application of Regulations; PD-HC Districts Defined
901,
PD-HC Districts; Where Permitted; Intent
902,
Permitted Principal and Accessory Uses and Structures
903.
Land Use Intensity Ratings and belated requirements
904.
Underground Electrical and telephone Utilities
905.
Sign Limitations
906,
Site Planning- Lxternal Relationships
906.1.
Orientation of Permitted Uses and Structures
906.2.
Vehicular and Pedestrian Access
906.3.
External Yards
907,
Site Planning --Internal relationships
ARTICLES 10-11. RESERVED
ARTICLE 12. PD-MU: PLANNED DEVELOPMENT --
MIXED USE DISTRICTS
1200.
Application of Regulations; PD-MU Districts Defined
1201.
PD-MU Districts, Where Permitted; Intent
1202.
Permissible Principal And Accessory Uses And Structures
1202.1.
Principal Uses and Structures
` 1202.2.
Accessory Uses and Structures
1203.
Land Use Intensity Ratings and Related Requirements
1203.1.
Minimum Gross Land Area Required for Formation of PD-MU
Districts
1203.2.
Land Use Intensity Ratings and Standard Ratios Applying to
Residential and Nonresidential Uses
1203.3.
Minimum Requirements and Maximum Limitations on Residential
Floor Area
1204.
Height Limitations
1205.
Site Planning
1206.
Sign Limitations
ARTICLES 13-14. RESERVED
ARTICLE 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS
General Provisions
1500. Intent
1501. Reserved
1502. Effect of SPI District Designation
1503. Reserved
1504. Preparation of Recommendations for Specific SPI Zoning; Contents of
Recommendations
1504.1. Statement Of latent
1504.2, Proposed District Boundaries
1504.1, Proposed Regulatior►s
1504A. Requirements Concerning Special Approvals
1504.5. Provisions for Variations from Regulations Applying Generally in
SPI Districts
1504.5.1. Authorized Variations
1504.5.2. Required Variations
1504.5.3. Recording Authorized or required Variations
1504.5.4. Variation Not Variance
1505. Procedures for Adoption of SPI Amendments
1506-1509. Reserved
Provisions Relating to Specific SPI Districts
1510.
SPI-1:
Martin Luther King Boulevard Commercial District
1520.
SPI-2:
Coconut Grove Central Commercial District
1530.
SPI-3:
Coconut Grove Major Street Overlay District
1540.
SP1-4:
Brickell Area Major Streets Overlay District
1550.
SPI-5:
r'rickell-Miami River Residential -Office District
ARTICLES 16-18. RESERVED
1900.
1901.
1902.
1903.
1904.
2000.
2000.1.
ARTICLE 19. SPECIAL PUBLIC INTEREST DISTRICT-- INTERIM
ZONING DISTRICT
Def fined; Intent
Applicability
Contents
Procedures
Official Atlas
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
2000.1.1.
2000.1.2.
2000.1.2.1.
2000.1.2.2.
2000.1.2.3.
Application
Rules Concerning Combinations of Uses in Buildings or on Pre-
mises, Cumulative Requirements or Limitations
Varying Floor Area Ratios Applying to Uses Combined in
Building
Varying Yard, Open Space, and Building Spacing Require-
ments Applying to Residential and Other Uses Combined in
Building
Varying Livability and Pedestrian Open Space Require-
ments or Total Open Space Requirements Where Re-
sidential and Other Uses are Combined in Building
Reservation of Livability Space for Use by Residential
Occupants in Cases Where Residential and Other Uses
are Combined in a Building
Varying Building Spacing Requirements Where Buildings
Contain Residential and Other Uses
`z-
200011.3.
Varying Sign Limitations Where Buildings Contain Corn-
binatlons of Uses
2000.1.4.
Caloulatlon of Combined Requirements or Limitations;
Rounding in Totals only
2001.
Deterrrlinations Concerning Uses Not Specified
2001.I.
Notifications Concerning Determinations
2001.2.
Effect of Findings by director of Department of 1�lanning
2002.
General Requirements Concerning Arrangement and Location of
Structures and Landscaping; Access
2002.1.
Prohibition of Use of Residentially Zoned private Property for
Access to Uses not Permitted in Residential Districts; Excep=
tions
2002.1.1.
Special Access for Emergency and Public Service Vehicles;
May be Authorized by Class C Special Permit
2002.1.2.
Access for Pedestrians and Cyclists May be Authorized by
Class B Special Permit
2001
Accessory Uses and Structures
2003.1.
Dwelling or Lodging Occupancy Prohibited Unless Specifically
Permitted in District
2003.2.
Accessory Buildings to be Constructed Concurrent With or After
Construction of Principal Building
2003.3.
Accessory Buildings; Spacing Requirements
2003.4.
Accessory Buildings and Other Structures; Limitations on Loca-
tion
2003.5.
Home Occupations
2003.6.
Permanent Active Recreation Facilities as Accessory Uses in
Residential Districts; Special Permits
2003.7.
Convenience Establishments As Accessory to Residential or
Office Uses
2003.7.1.
Minimum Number of Dwelling or Lodging Units; Minimum
Gross Floor Area for Office Buildings
2003.7.1.1.
Conversion Table for Mixed Use Buildings
2003.7.2.
Maximum Floor Area Permitted in Accessory Convenience
Establ ishment
2003.7.3.
Accessory Convenience Establishments, Uses Permitted
2003.7.4.
Limitations on Size of Restaurants as Accessory Conven-
ience Establishments
2003.7.5.
Limitations on Access to Accessory Convenience Establish-
ments
2003.7.6.
Limitations on Signs, Display
2003.7.7.
Limitations on Location of Offstreet Parking for Restau-
rants
2003.7.8.
Offstreet Loading Facilities for Restaurants
2003.7.9.
Location, Orientation, Design, Landscaping
2003.8.
Self -Service Sales of Motor Vehicle Fuels as Accessory Use at
Convenience Establishments Prohibited
2004.
Reserved
2005.
General Terms Defined; Related Limitations
2005.1.
Lot, Defined; Prohibition Against Divisions Creating Substandard
Lots
2005.2.
Lot, Conforming, Defined
2005.3.
Lot, Nonconforming, Defined
2005.4.
Lot, Substandard, Defined; Prohibited
2005.5.
Lot, Regular; Defined
2005.6.
Lot, Irregular; Defined
2005,7. Yard, Defined; General Limitations OM OdtUpdfty
2005.8. Court) Defined; General Limitations on Occupancy
200519. 8ulldbble Area, refined; Limitatl6hS On Occupancy
2005.10. Lot COVehigai Defined
2005.11. Limitations on Lots not Pldfted in Accordance with Current
Regulations
2006. Regular Lots
2006.1, Regular Lots, Measurement of Width
2006,2, Regular Lot, Area
2006.2.1. Regular Lot, Net Area
2006.2,2. Regular Lot, Gross Area
2006.3. Regular Lots, Types
2006-4. Regular Lots) Lot Frontage
2006.5. Regular Lott, Yards; Methods for Measurement; Special Require-
mehtS
2006.5.1. Yards Adjacent to Streets
2006.5-1.1. Front Yards on Interior Lots
2006.5.1.2. Front Yards on Corner Lots
2006.5-1.3. Other Yards Adjacent of Streets; Width to be Three -
Fourths of Front Yard Depth Requirement
2006.5.2. Interior Side Yards
2006.5.2.1. Interior Side Yards; Credit for Adjacent Alleys
2006.5.2.2. Interior Side Yards on Through Lots With More Than
One Front Yard
2006.5.2.3. Interior Side Yards on Corner Lots
2006.5.36 Rear Yards
2006.5.3.1. Rear Yards; Credit for Adjacent Alleys
2006.5,3.2. No Rear Yard Required on Corner Lots or Lots Pro-
viding Two Front Yards
2006.5.4. Special Yards; Credit for Adjacent Alleys
2006.5.5. Waterfront Yards
2006.5.6. Diagram: Yards on Regular Lots
2007. Irregular Lots; Dimensional, Access, and Related Requirements,
2007.1. Minimum Lot Area; Exclusions From Computations
2007.2. Clearance From Lot Lines
2007.3. Total Area in Open Space on the Lot
2007.4. Buildable Area on the Lot
2007.5. Access
2007.6. Subdivision of Irregular Lots to Create Regular Lots
2007.7. Lots of Unusual Depth; Creation of Irregular Lots
2007.8. Diagram: Yards on Regular and Irregular Lots
2008. Required Yards and Other Required Open Spaces; Detailed Limita-
tions on Occupancy
2008.1. Permanent Structural Projections From Buildings
2008.2. Porches and Entries
2008.2.1. Porches and Entries; Enclosed or Unenclosed, in Front Yards
2008.2.2. Porches and Entries, Enclosed or Unenclosed, in Other Yards
Adjacent to Streets
2008.3. Canopies and Awnings
2008.3.1. Movable Awnings for Shade or Shelter of Doors and Windows
2008.3.2. Canopies or Awnings as Pedestrian Entry Shelters
2008.3.2.1. Intermittent Use at Places of Worship in One -Family or
Two -Family Residential Districts
2008.3.2.2. Generally Permitted in Other Districts
2008.3.3. Canopies or Awnings Over Pedestrian Open Space in
Required Yards
k,
1z:_17
2008.3.4.
Canopies Over Vehicular Areas
2008.4,
Signs in or Over required Yards
C 2008.5,
Fences, Walls, Hedges in Residential [Districts, or Adjacent to
Residential Districts
2008.6.
Waterfront Yards
2008.7.
Reserved
2008.8.
Limitations on Driveways and Offstreet Parking, and Landscap.
ing Requirements, in Required Yards Adjacent to Streets
2008.8.1.
-In Residential Districts
2008.8.2,
In 0-1 or CR Districts
2008.9,
Vision Clearance at Intersections
2008.9.1.
Intent; "Material Impediment to Visibility" Construed
2008.9.2,
In Districts in Which Yards are Generally Required
2008.9.2.1.
At Street Intersections
2008.9.2.2.
At Intersections of Driveways With Streets
2008.9.3.
In Districts in Which Yards Are Not Generally Required
2008.10.
Bus Passenger Shelters, Bus Benches; Telephone Booths; Mail and
Newspaper Boxes
2009.
Reserved
2010.
R-G and PD-H Districts and Other Districts in which Similar
Attached and Multifamily Uses are Permitted
2011.
Adoption of "Minimum Property Standards for Multifamily Housing,"
and "Manual of Acceptable Practices" as Supplemental Guides.
2011.1.
General Modifications
201 1.1.1.
Establishment of Land Use Intensity Ratings by LUI Sector
Maps
201 1.1.2.
Decisions to be Made by Local Jurisdiction Rather Than by
DHUD
2012.
Definitions and Methods of Measurement Relating to Standard LUI
Ratios; Requirements and Limitations
2012.1.
Gross Land Area of PD-H Districts
2012.2.
Residential Land Area
2012.3.
Residential Floor Area
2012.3.1.
Defined; Inclusions and Exclusions
2012.3.2.
Maximum Limitation
2012.4.
Open Space
2012.4.1.
Open Space Definition
2012.4.1.1.
Open Space
2012.4.1.2.
Uncovered Open Space
2012.4.1.3.
Covered Open Space
2012.4.2.
Minimum Open Space Requirement
2012.5.
Livability Space; Pedestrian Open Space
2012.5.1.
Definitions
2012.5.1.1.
Livability Space
2012.5.1.2.
Pedestrian Open Space
2012.5.2.
Minimum Livability Space and Pedestrian Open Space Re-
quirements
2012.5.2.1.
Minimum Livability Space Requirements
2012.5.2.2.
Minimum Pedestrian Open Space Requirements
2012.5.3.
Exception on Livability and Pedestrian Open Space Re-
quirements where Off -Site Space Credited Exceeds Seventy
Percent (70%) of Net Lot Area
d 2012.6.
Recreation Space
` 2012.6.1.
Defined; Limitations on Location
2012.6.2.
Minimum Recreation Space Requirement
2012.7
Car Space; occupant and Total
201217:1.
Defined
I 2012.7.1.11
Occupant Car Space
2012.7.1.2.
'dotal Car Space t
2012.7.2.
Minirnurri Car Space Requirements
2013,
Open Space and Building Spacing in R-G and PO,H Districts and
Other Districts in Which Similar Attached and Multifamily Uses Are
Permitted
20111.
intent; Application
2013.2.
Required Yards and Courts Need Not be at Ground Level; Ex-
cept i on
2013.3.
Permanent Open Space in Streets, Common Open Spacei etc.,
=' May be Included as Part of Building Spacing Requirements;
Limitations
2013.3.1.
Primary or Secondary Windows Facing Streets .Parking
Areas
2013.3.2.
Primary or Secondary Windows Facing Other Open Space
2013.4.
Spacing Determinations Where Two or More Residential Buildings
are on a Lot
2013.5.
Calculation of Building Spacing Requirements
2013.5.
Where Portions of Buildings Contain Different Numbers of
Stories
2013.5.2.
Length of Walls; How Measured
2013.5.3.
Height in Stories; How Measured
2013.5.4.
Yard or Other Open Space Depth; How Measured
2013.5.5.
Permissible Overlap of Yards
2013.5.6.
Definitions and Classifications Relating to Windows and
Walls
2013.5.6.1.
Habitable Rooms
2013.5.6.2.
Primary Windows
2013.5.6.3.
Primary Walls
2013.5.6.4.
Secondary Windows
2013.5.6.5.
Secondary Walls -.•
2013.5.6.6.
Tertiary Windows
2013.5.6.7.
Tertiary Walls
2013.5.7.
Formulas Determining Minimum Open Space Requirements
Adjacent to Primary, Secondary, and Tertiary Walls
2013.5.8.
Added Open Space Requirements Where Windows of Habita-
ble Rooms Face Steep Slopes or Retaining Walls
2013.6.
Special Requirements and Modifications Concerning Courts
2013.6.1.
Inner and Outer Courts, Defined
2013.6.1.1.
Inner Courts
2013.6.1.2.
Outer Courts
2013.6.2.
Dimensions of Inner Courts; Passageways; Provision for Fire
Protection
2013.6.3.
Dimensions of Outer Courts
2013.7.
Yards, Courts, Open Space, and Building Spacing for Structures
or Portions of Structures Not Containing Living Quarters
2014.
Transfer of Development Rights
2014.1.
Transfer Between Contiguous, Separately Owned Property in the
Some Districts
2014.1.1.
Intent
2014.1.2.
Application for Permit
2014.1.2.1.
Plans Required; Matters to be Demonstrated
2014.1.2.2.
Agreement Between Property Owners With Enforce- �'"
rent Running to the City
k
2014.1.3,
Findings Required to Support Issuance of Permit; Limita-
tions on Effect of Permit
l
2014.1.46
Recording Agreement
2014.1.5.
Changes in Development Plan or Agreement
2014.2,
Transfer of Development Rights (Noncontiguous Property); Major
Use Special Permit
2014.2.1.
Prohibition Against increasing Potential Building Bulk Within
-District as a Whole, or Subareas Established
2014.2.2.
Limitation as to Effects on Receiving Property
2014.2.3.
Transfer in Single Permit or Series of Permits
2014.2.3.1.
Procedures; Contents of Sequential Permits
2014.2.4.
Applications for Major Use Special Permits Establishing
Residual Rights and Areas for Transfer; Assigning Rights to
individual Properties
2014.2.5.
Agreement Between Parties involved
2014.2.6.
Recording Agreement
2014.2.7.
Changes in Development Pattern or Agreement
2014.3.
Transfer of Development Rights (Noncontiguous Property across
Street or Alley); Special Exception
201443.1.
Relationship of Lots
2014.3.2.
Application; Findings; Recording Agreement
2015,
Height Regulation, Generally
2015.1.
Excluded Portions of Structures
2015.2.
Aviation Hazards
2015.3.
Broadcasting Towers
2016.
Height Control Envelopes
`
2016.1.
2016.2.
Base Plane (Plane 1)
Plane II
2016.3.
Light Planes
2016.4.
Plane III
2016.5.
Diagram
2017.
Offstreet Parking Requirements, General Provisions
2017.1.
General Performance Standards for and Intent Concerning Off-
street Parking Facilities
2017.1.1.
Parking Maneuvers on Public Streets, Alleys or Sidewalks
Prohibited; Exceptions
2017.1.2.
Considerations Governing Required Width and Length of
Stalls; Exceptions
2017.1.3.
Parking Requiring Movement of More Than One Car Pro-
hibited; Exceptions
2017.1.4.
Selection of Dimensional Requirements From Ranges Esta-
bl ished
2017.2.
Offstreet Parking for Compact Automobiles
2017.3.
Application of City of Miami Guides and Standards to Location,
improvement, and Landscaping of Offstreet Parking Facilties
2017.4.
Class B Special Permits Required for substantial Modification of
Existing Facilities Including Ten (10) or More Spaces
2017.5.
Reduction in Parking Requirements for Housing for the Elderly,
by Special Exception; Limitations
2017.6.
Reduction in Parking Requirements for Housing for Low Income
Families and Individuals
2017.7.
Reduction in Parking Requirements for Combinations of Residen-
tial and Office Uses on the Some Premises
2017.8.
Deferral of Portions of Total Required Parking Improvements, by
Class 1 0 Special Permit for lhitidl Period,- Control of eXtelnglOhS
2017,811. Deferrol Period-, Revocation of Permitl Notice of Revocd-
fi0h
2017.8.2. Extensions of Deferral Periods, Alternate Methods
2017.8,2.1. Aopplications for Renewal of Permits,- Effect of Failure
tAply
2017.8.2.2. Actiopns by Planning Department J
2017.8.2.3. Actions by Zoning Board Where Required
2017.8.3. Maintenance and Use of Areas on Which Parking Improve -
merits are Deferred
2017.9. Joint Parking Facilities for Contiguous Uses, Class C Special
Permit Required
2017.10. Required Offstreet Parking' Restrictions on Lease or, Rental;
Exception
2017,11, Calculation of Parking Requirements Related to Number of Seats
2017.12. Limitations on Use of Offstreet Parking and Loading Areas;
Restrictions on Storage of Vehicles Not in Operating Condition
2018. Offsite Parking
2018,14 Maximum Distance Limitations
2018.2. Offsite Parking on Adjoining Abutting Lots
2018.2.1. Special Exception Required Where Lots Are in Transitional
Areas of Residential Districts and Parking is For Uses Other
Than Residential Within the Some Residential District
2018.2,2. Class C Special Permit Required Where Lots Are in Tran-
sitional Areas of Residential Districts and Parking is For
Residential Uses Within the Some District or the Adjoining
District
2018.2.3. Class C Special Permit Required Where Lots are Not In
Residential Districts
2018.3. Offsite Parking Where Governmental Action Eliminates Prior
Offstreet Parking; Class C Special Permit Required
2018.4. Offsite Parking on Noncontiguous Lots
2018.4.1. Special Exception Required Where Lots are in Transitional
Areas of Residential Districts
2018.4.2. Class C Special Permit Required Where Lots are Not In
Residential Districts
2018.5. Provisions for Continuance or Replacement of Required Offsite
Parking
2018.5.1. Continuance Required; Recorded Agreement
2018.5.2. Replacement of Required Offstreet Parking; Amendment
Agreement
2019. Reserved
2020. Parking and/or Storage of Certain Vehicles Prohibited or Limited in
Specified Districts; Limitations on Occupancy
2020.1. Mobile Homes: Parking, Storage and Occupancy; Limitations and
Exceptions
2020.1.1. Limitations on Location of Mobile Homes not in a Condition
for Occupancy
2020.1.2. Limitations on Occupancy of Mobile Homes
2020.2. Major Recreational Equipment; Parking, Storage and Occupancy;
Limitations and Exceptions
2020.2.1. Major Recreational Equipment Defined
2020.2.2. Parking or Storage of Major Recreational Equipment as
Accessory Use in Residential Districts
2020.2.3. Limitations on Occupancy of Major Recreational Equipment
k, '
202013.
parking or Storage of Specified Trucks, Buses, Trailer or Semi-
trailers prohibited as Accessory Use in Residential Districts, or
C
in Parking Facilities In Transitlonai Uses in Residential districts
2020,4,
Larking or Storage of Construction Equipment Prohibited in
Residential Districts
2021.
Reserved
2022,
Offstreet Loading Requirements, General Provisions
2022.1.
General Performance Standards for and Intent Concerning Off-
street Loading Facilities
2022.2.
Application of City of Miami Guides and Standards to Location,
Design, Improvement, and Landscaping of Offstreet Loading
Facilities
2022.3.
Limitations on Use of Required Offstreet Loading Stalls
2022.4.
Special Permits Required for Proposed Offstreet Loading Facili-
ties or for Substantial Modification of Existing Facilities
2022.5.
Reduction in Offstreet Truck and Trailer Loading Requirements
Where Rail, Marine, or Air Freight Services are Directly Avail-
able; by Special Exception
2022.6.
Deferral of Portions of Total Required Offstreet Loading
Improvements; by Special Exception for Initial Periods; Control
of Extension
2022.7.
Maintenance and Use of Areas on which Offstreet. Loading
Improvements are Deferred
2022.8.
Joint Loading Facilities for Contiguous Uses, Class C Special
Permit Required
2023
Offstreet Loading, Detailed Requirements and Related Definitions
2023.1.
Definitions
.. 2023.2.
Dimensions of Stalls or Berths, Generally
2023.2.1.
Reduction in Stall Dimensions by Class C Special Permit;
Limitations on Reductions
2023.2.2.
Conditions of Permit; Provisions Concerning Revocation
2023.3.
Projection of Vehicles being Loaded or Unloaded into Public
Streets or Alleys Prohibited
2023.4.
Number of Stalls Required
2024.
Piers, Docks, Wharves, Dockage, Boat Houses, and Boat Slips
2024.1.
As Accessory Uses in Residential Districts
2024.1.1.
Boat Houses and Boat Slips Accessory to Residential Uses,
Generally
2024.1.1.1.
Height of Boathouses
2024.1.1.2.
Location of Boathouses and Boat Slips in Relation to
Established Waterway or Bulkhead Lines; Adjacent Lot
Lines Entering or Approaching Waterways; Class C
Special Permit for Facilities Extending Across such Lot
Lines
2024.1.1.3.
Length and Width of Boathouses; Limitations on Water-
front Yard Coverage by all Accessory Buildings in Such
Yards
2024.1.2.
Boat Houses and Boat Slips Accessory to Residential Uses on
Lots Exceeding One Acre in Net Area; Special Exception on
Height, Length, and Width
2024.1.3.
Limitations on Location and Extension of Docks and Piers in
Residential Districts; Limitations on Location and Character
of Vessels Docked or Moored
1 2024.1.4.
Limitations on Facilities and Uses Related to Dockage and
Moorage of Vessels in Residential Districts
2024►2.9. Reserved
2024,10.
extensions of [docks nhd Piers Into Waterways, Ceherally
2024,1 1,
Extensions of mocks and Piers Into Waterways, Specidl 5xcep-
dons
2025.
Signs, Generally
2025.1.
befinition
2025,1.1.
Si. n
2025.1.2►
Suns, Number of
2025►1.3.
Signs, Area of
2025.1.3.1.
Hdirizontal Traffic Markings excluded from Limitations
on Number and Area of Signs
2025,1.4.
Sign Structure
2025.1.5.
Sign, Onsite
2025.1.6.
,
Sign, Offsite
2025,1.7.
Outdoor Advertising Business; Outdoor Advertising Signs
2025.1.8,
Sign, Illuminated
2025.1.8.1.
Sign, Internally (or Directly) Illuminated
2025.1.8.2.
Sign, Indirectly Illuminated
2025.1.8.3.
Sign, Flashing
2025.1.8-4.
Sign, Time and Temperature
2025.1.9.
Sign, Animated
2025.1.9.1.
Sign, Animated, Revolving or Whirling
2025.1.10.
Sign, Wall or Flat
202561.11.
Sign, Projecting
2025.1.1 1. I.
Sign, Canopy, Marquee or Awning
2025.1.1 1.2.
Sign, Hanging
2025.1.12.
Sign, Roof
2025.1.13.
Sign, Window or Door
2025.1.14.
Sign, Ground (or Freestanding)
2025.1.15.
Sign, Vehicle
2026.1.16.
Bulletin Board, Generally
2025.1.16.1.
Community or Neighborhood Bulletin Board
2025.1.16.2.
Kiosk
2025.1.17.
Sign, Banner
2025.1.18.
Sign, Pennant or Streamer
2025.1.19-24.
Reserved
2025.1.25.
Address Signs
2025.1.26.
Notice, Directional, and Warning Signs
2025.1.27.
Advertising Signs
2025.1.27.1.
Real Estate Signs
2025.1.27.2.
Development Signs; Class A Special Permits, When
Required
2025.1.27.3.
Construction Signs
2025.1.28.
Symbolic or Award Flags or Banners, House Flags or Banners
2025.2.
Permits Required for Signs Except those Exempted; Applications
2025.2.1.
Permit Identification Required to be on Sign
2025.3.
Classes of Signs and Activities in Relation to Signs Exempted
from Permit Requirements; Other Limitations, Regulations, and
Requirements Remain Applicable
2025.3.1.
Signs Erected by or on Order of Governmental Jurisdictions
2025.3.2.
National Flags and Flags of Political Subdivisions
2025.3.3.
Decorative Flags, Bunting and Other Decorations on Special
Occassions
2025.3.4.
Symbolic Flags, Award Flags, House Flags
2025.3.5.
Address, Notice, and Directional Signs, Warning Signs
2025.3.6.
Signs are Vehicles Exerttpted Generally; Permit Required for
Sign Vehicles
Real Estate Signs
2025.3.8,
Construction Signs; Development Signs When Combined with
CoristrUttlon Signs
2025.3.9.
Reserved
2025.3.10.
Community or Neighborhood Bulletin Boards, Kiosks; Class B
Special hermit Required for Establishment, but not for
Posting Signs
2025.3.11,
Temporary Campaign Signs
2025.3.12.
Cornerstones, Memorials, or Tablets
2025.3,13.
Curbside Delivery Receptacles; General Approval Required,
Sign Permit for Individual Delivery Receptacles not Re-
quired; Limitations on Location
2025.3.14.
Signs on Bus Shelters, Benches, Trash Receptacles, and the
Like
2025.3.15.
Weather Flags
2025.3.1640.
Reserved
2025.3.21.
Activities Related to Signs Exempted from Permit Require-
ments
2026.
Siat ,s, Specific Limitations and Requirements
2026.1.
Projecting Signs, Marquees, Awnings, and the Like; Vertical and
Horizontal Clearances
2026.2.
Roof Signs; New Roof Signs Prohibited
2026.3.
Ground Signs
2026.4.
Structural Wall Signs or Flat Signs; Clearance Above Public
Walkways
2026.5.
Limitations on Wording and Illumination of Signs; Prohibition
Against Blocking Egress, Light, or Ventilation
2026.5.1.
Real Estate Signs, Construction Signs, Development Signs
Shall Not Mislead as to Zoning Status of Property
2026.5.2.
Limitations on Illuminated or Flashing Signs; Flashing Signs
Prohibited in Certain Transitional Areas Adjacent to Resi-
dential Districts
2026.6.
Prohibition Against Revolving or Whirling Signs and Pennant or
Streamer Signs
2026.7.
Limitations on Use of Sign Vehicles
2026.8.
Prohibition Against Sign Placement Impeding Visibility of Traffic
or Pedestrians, or Creating Other Hazards
2026.9.
Reserved
2026.10.
Removal, Repair, or Replacement of Certain Signs; Prohibition
Against Repair or Replacement of Certain Nonconforming Signs
Ordered Removed
2026.10.1.
Unsafe Signs
2026.10.2.
Decrepit or Dilapidated Signs
2026.10.3.
Onsite Signs Advertising Establishments, Commodities, or
Services No Longer on Premises
2026.10.4.
Offsite Signs Bearing Obsolete Advertising Matter
2026.11.
Structural Members of Signs Required to be Concealed or Other-
wise Made Visually Unobtrusive
2026.12-14.
Reserved
2026.15.
Outdoor Advertising Signs
2026.15.1.
Limitations on Sign Area, Including Embellishments; Limita-
tions on Projections of Embellishments
2026.15.2.
Limitations on Location, Orientation of Outdoor Advertising
Signs in Relation to Limited Access Highways and Fxpress=
ways
2027. temporary Structures, Occupancies, and Uses Dut°ing Construction
2028. RS.10 RS-20 RO_I Districts. Requirements for Erection of More than �
one Single Family Detached or one TWO rdmiiy Detached Dwelling on
Large Lots
2028.1. Minimum Lot Area
2028.2. Minimum Open Space
2028.3. Site and Development Man
2029. Reserved
2030. Automotive Service Stations as Principal Uses
2030.1. Minimum Net Lot or Site Dimensions, Minimum Street Frontage —_
2030.2• Limitations on Outdoor Storage, Display, or Activities ;.
2030.2.14 Storage and Display of Products Sold and Equipment Used
Incidental to Normal Refueling —
2030.2.2. Activities Incidental to Normal Refueling
2030.2.3. Vending Machines
2030.2.4. Truck and Trailer Rental Units Where Permitted _
2030.2.5. Limitations on Parking or Storage of Vehicles
2030.3, Trash Facilities
2030.4. Required Walls Adjacent to R sidential Districts
2031. Drive -In Establishments; Car Washes
2031.1. Conditions and Safeguards in Relation to Special Permits
2031.2. Requirements for Reservoir Spaces, Applying Generally
2032-35. Reserved
2036. Child Care Centers
2036.1. Access if Within Residential District
2036.2. Minimum Lot Dimensions
2036.2.1. Child Care Centers for Less than Ten (10) Children in RS-1,
RS-2, and RG- I Districts; in Other Districts.
2036.2.2. Child Care Centers for Ten (10) or More Children in RS-I,
RS-2, and RG- I Districts; in Other Districts
2036.3. Location of Buildings in RS-I, RS-2, and RG-I Districts; in Other
Districts
2036.4. Outdoor Play Area
2036.5. Limitation of Location and Hours for Outdoor Play Activities
2037. Adult Entertainment or Adult Services
2037.1. Intent
2037.2. Def initions
2037.3. Limitations on Adult Entertainment or Adult Service Establish-
ments
2037.4. Discontinuance or Abandonment
ARTICLE 21. NONCONFORMITIES
2101. Intent; General Definition
2101.1. Nonconformities Created by Ordinance Adoption or Amendment
2101.2. Nonconformities Created by Public Taking or Court Order
2101.3. Intent Concerning Nonconformities Generally
2101.4. Intent Concerning Nonconforming Uses Specifically Declared to
be Incompatible With Permitted Uses
2101.5. Changes in Plans, Construction, or Use not Required Where
Actual Construction is Begun Prior to Effective Date of Ordi-`=
nonce or Amendment
2101.6.
Lawful Actions Initiated Prior to Adoption or Amendment of
Ordinance and Completed Within Any TInne Limits Established to
Lie Construed as Establishing Nonconforming Status
210111.
Special Permit Uses Not to be Deemed Nonconforming
2102.
Nonconforming Lots
2102.1.
Use of Single Nonconforming Lots for One-F*omily Detached
Dwellings in Districts Permitting One -Family Detached Dwell=
ings
2102.1.1.
Modification of District Yard and Lot Coverage Require -
meats by Class C Special Permit; Limitations
2102.1.2.
Further Modification of District Yard and Lot Coverage
Requirements by Special Exception Only
2102.2.
Rules Concerning Combinations of Contiguous Lots in the Some
Ownership and with Common frontage
2102,261.
Combinations Required Where Nonconformity was Created
at time of Passage or Amendment of Ordinancei Exceptions
2102.2.1.1.
Exception; Eighty Percent (80%) Rule Applicable Where
Three Lots or Less are Involved•, Reduction in Side Yard
Requirements by Class A Special Permit
2102.2.1.2.
Rule for Other Combinations of Lots
2,02.2.2.
Combination Not Required Where Nonconformity was Creat-
ed by Public Taking or Court Order
2102.2.3.
Prohibition Against Private Creation of Other Lots Below
Width and Area Requirements for District
2103.
Nonconforming Uses of Lands or Water (or Land with Minor Struc-
tures Only)
2103.1.
Prohibition of Enlargement, Increase, Intensification, Alteration
2103.2.
Movement Generally Prohibited; Special Exception
2103.3.
Discontinuance
2103.4.
Subdivision or Structural Addition
2104.
Nonconforming Uses of Major Structures, or of Structures and
Premises in Combination
2104.1.
Enlargement, Extension, Alteration, Replacement, Etc., of
Structure
2104.2.
Extension of Use in Building Manifestly Designed for Such Use
2104.3.
Nonconforming Use Outside Buildings; Special Exception for
Movement
2104.4.
Reserved
2104.5.
Changes in Nonconforming Uses
2104.6.
Discontinuance
2104.7.
Subdivision or Structural Additions
2104.8.
Destruction of Major Structure or Structures
2104.9.
Special Exception for Replacement or Reconstruction of De-
stroyed Major Structures Containing Nonconforming Uses
2104.10.
Required Termination of Certain Nonconforming Uses in Major
Structures or Buildings
2104.10.1.
Nonconforming Uses in Residential Districts Involving Major
Buildings Designed for a Permitted Use
2105.
Special Exceptions Authorizing Structural Alteration, Enlargement,
Replacement, Etc., of Major Structures Occupied by Nonconforming
Uses Found Likely to Continue Indefinitely
2105.1.
Intent
2105.2.
Special Exception Authorized
2105.3.
Materials to be Submitted With Application
2105.4.
Limitations on Extension or EXpansioM
210515.
Streenirig and Buffering
2105.6.
Access, Parking, and Service Area
2105.7.
Signs$ Lighting of Premises
2105.8.
Hours and Conditions of Operation
2105.9.
Findings Required
2106.
Nonconforming Structures
2106.1,
Structural Change, Extension, or Expansion
2106.2.
Damage
2106.3.
Moving
2107,
Nonconforming Characteristics of Use
2107.1.
Changes in Nonconforming Characteristics of Use
2107.2.
Signs
2107,261.
Removal in Residential Districts
2107.2.2.
Removal in Other Districts
2108.
Repairs and Maintenance
2109.
Nonconforming Structures Unsafe Because of Lack of
2110.
Nonconforming Structures Unsafe for Reasons Othe
Maintenance
21 I I .
Casual, Temporary, or Illegal Use Does Not Establish
Status
2112.
Certificate of Jse Required
Maintenance
r than Lack of
Nonconforming
ARTICLE 22. FUNCTIONS AND RESPONSIBILITIES OF COMMiSSON,
OFFICERS, AND BOARDS IN RELATION TO ZONING
GENERALLY
2200.
Interpretation and Enforcement
2201.
Duties of City Commission
2202.
Duties of Planning Advisory Board
2203.
Duties of Zoning Board
2204.
Duties of the director of the Department of Planning
ARTICLE 23. SPECIAL PERMITS: GENERALLY
2300. Intent, Generally
2301. Classes of Special Permits; Intent; Agent, Agency, or Body Respon-
sible for Each; Referrals
2301.1. Class A Special Permit; Intent; Administered by Zoning Admini-
strator; Referrals Permitted but Not Mandatory
2301.1.1. Administration by Zoning Administrator
2301.2. Class B Special Permits; Intent; Administered by Zoning Admini-
strator; Mandatory Referrals
2301.2.1. Administration by Zoning Administrator
2301.3. Class C Special Permits; Intent; Determinations by director of
Department of Planning; Referrals
2301.4. Class D Special Permits and Special Exceptions
2301.4.1. Intent; Distinction between Class D Special Permit and
Special Exception
2301.4.2. Class D Special Permits and Special Exceptions; Determina-
tions by Zoning Board; Referrals
V
2301.51
Major Use Special Perrtiits; Intent; Detertnifidtions by City
Comrnlssioril Referrals
or 2301.6.
Variance Not Special Permit
2302.
Relation of Special Permits to Building Permits or Certificates of
Use; TO Initiation or Maintenance of Use or Occupancy
2303.
Special Permits to be issued or Denied 'in Accordance with Proce-
dures, Standards, and Requirements of this Ordinance
230311,
Action to be Taken Within Time Limits Specified
2304,
Applications for Special Permits, Generally
2304.1,
Appl'icatioris for Special Permits, When Filed, Who May File
2304.2.
Application Forms; Supplementary Materials
2304.2.1.
Application Forms: Materials that may be Required
2304.2.2.
Application Forms: Completion before Processing
2304.2.3.
Application Forms: Supplementary Materials
2305,
Considerations Generally; Standards; Findings and Determinations
Required
2305.1.
Ingress and Egress
2305.2.
Offstreet Parking and Loading
2305.3.
Refuse and Service Areas
2305.4.
Signs and Lighting
2305.5.
Utilities
2305.6.
Drainage
2305.7.
Control of Potentially Adverse Effects Generally
2306.
Conditions and Safeguards
2306.1.
Failure to Comply with Conditions and Safeguards to be Deemed
Violation of Ordinance
2307.
Notice and Hearing Generally; Availability fo Recommendations;
C2307.1.
Records
Information on which Decision is Based to be Public and Avail-
able to Applicant
2307.2.
Required Record of Formal Hearings, informal Conferences
2308.
Actions Following Decisions on Special Permits
2308.1.
Notification of Applicant in Cases of Approval
2308.2.
Notification of Applicant in Cases of Denial
2308.3.
Notification of Affected Agencies or Officials Concerning
Approval; Actions Following Such Notification
2308.4.
Notification of Affected Agencies or Officials Concerning
Denials
2309.
Permits Apply to Property, Not Person
2310.
Withdrawal of Application for Certain Classes of Permits; Effect of
Withdrawal
2311.
Appeals from Decisions on Special Permits
2311.1.
Review of Decisions for Class A, B, or C Special Permits
2311.2.
Review of Decisions for Class D Special Permits and Special
Exceptions
2311.3.
Review of Decisions for Major Use Special Permits
ARTICLE 24. CLASS A AND CLASS B SPECIAL PERMITS:
DETAILED REQUIREMENTS
2400. Regulations Applying
2401, Class A and B Special Permits; Informal Notice and Hearing; Time
Limitations; Referrals; Conferences
2401.1. No Formal Public Notice or Hearing
2401.2. Class A Special permits; Notification Concerning intended
becisions Time Limits with no Referrals
2401.3, Class 8 Special permits; Mandatory Deferrals; Mass A or Class B
Special permits, Optional referrals; Time Limits on Returns
2401.4, Class A and Class 8 Special Permits; Notification Concerning
Intended 1ecisions; Time Limits When Referrals are Made
2401.5. Request by Applicant for Conference; Time Limitation; Appli-
cant to have Access to Record
2401.6. Zoning Administrator to Arrange Conference, Secure Atten-
dance, Conference to be Convened; Effect of Failure to Appear
2401.7. Decision of Zoning Administrator; 'rime Limitations; Further
Action on Permits
2402. Mandatory Deferrals
2402.1. Reports Required from Other Officials or Departments
2402.2. Effect of Required Reports on Issuance or Denial of Class B
Special Permits; on Attachment of Conditions and Safeguards
2403-49. Reserved
2450. Appeals
ARTICLE 25. CLASS C SPECIAL PERMITS: DETAILED REQUIREMENTS
2500. Regulations Applying
2501. Informal Notice and Hearing
2502. Referrals; Time Limitations
2503. Time Limitations; Conferences; Notification of Decision
2503.1. Notification Concerning Intended Decisions; Time Limitations
2503.1.1. Notifications Concerning Intended Decisions; Time Limits
with no Referrals
2503.1.2. Notification Concerning Intended Decision; Time Limits
with Referrals
2503.2. Request by Applicant for Conference; Time Limitations; Appli-
cant to have Access to Record
2503.3. Director of Department of Planning to Arrange Conference;
Secure Attendance; Conference to be Convened; Effect of
Failure to Appear
2503.4. Decision of Director of Department of Planning; Time Limita-
tions; Further Action on Permits
2504-2509. Reserved
2510. Class C Special Permit for Preservation of Natural or Archeological
Features
2510.1. Intent
2510.2. Standards
2510.2.1. Relation to Buildable Area
2510.2.2. Trees
2510.2.3. Limitations on Types of Regulations that may be Relaxed
2510.3. Procedures
2510.3.1. Demonstration of Justification
2510.3.2. Site Plan
2511-2550. Reserved
2551. Appeals
ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL r-XCEPTIONS.,
DETAILED REQUIREMENTS
2600, Regulations Applying
2601, Deserved
2602. Referrals; Time Limitation
2603, Responsibility for Recommendations, Preparation of Recommehda=
tions; Time Limitations
2603,1. Responsibility of Director of Department of Plashing; Zoning
Board Consideration
2603.2, Preparation of Recommendations and Time Limitations
2603.3. Standards
2604. Submission of Complete Record to Zoning Board; Availability for
Public Inspection
2605, Notices; Hearings
2605.1. Class D Special Permits; Formal Notice and Hearing not Man-
datory but may be Required by Zoning Board
2605.1.1, Optional Formal Notice and Hearing
2605.1.2. Consideration of Class D Special Permits
2605.2. Notice on Special Ex� !ptions
2606. Findings; Decision; Time Limitations; Further Actions
2606.1. Findings
2606.2. Time Requirements; Limitations on Extensions
2606.3. Time for Reaching Decision
2606.4. Time Limitations on Further Applications After Denial of Class
D Special Permits or Special Exceptions
2607-2650. Reserved
2651. Appeals
ARTICLE 27. RESERVED
ARTICLE 28. MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS
2800. Intent
2801. Definition
2802. Procedures
2802.1. Pre -Application Conference
2802.2. Preliminary Application
2802.2.1. Preliminary Application; Review and Recommendation
2802.2.2. Preliminary Application; Commission Action
2802.2.3. Preliminary Application; Content
2802.3. Final Application
2802.3.1. General Report
2802.3.2. Major Use Special Permit Concept Plan
2802.3.3. Developmental Impact Study
2802.4. Final Application; Referrals
2802.5. Final Application; Recommendations of Director of Department
of Planning
2802.6. Final Application; Planning Advisory Board
2802.7. Hearing on Final Application
2803. C6mroissi6n Disposiflon of Final Application; Consideration of Re-
cort Mendations
2804. Effect of City Commission Approval of i=lnal Application
2805. Construction Permits
2806. Changes in Approved Major Land Use Special Permit
2807. Review of Commission Actions
ARTICLE 29. RESERVED
ARTICLE 30, APPEALS FROM DECISIONS OF ZONING ADMINI-
STRATOR AND DIRECTOR OF THE DEPARTMENT OF
PLANNING
3000. Generally
3001. Status of Administrative Decision; Time Limits on Appeal; Filing of
Appeal
3002. Transmittal of Notice and Record
3003. Stay of Proceedings
3004. Setting Hearing Dates; Notice
3005. Availability of Records
3006. Hearing of Records
3007. Review of Decision of Zoning Board
ARTICLE 31. APPEALS FOR VARIANCE FROM TERMS
OF ORDINANCE'`
3101. Variance Defined; Limitations
3101.1. Use Variances Prohibited
3101.2. Nonconformities not Grounds for Grant of Variance
3102. Zoning Administrator not Authorized to Vary Terms of Ordinance;
Variance Authority Vested in Zoning Board
3103. Requirements and Procedures
3103.1. Written Petition
3103.2. Notice of Public Hearing
3103.4. Findings Required
3104. Conditions and Safeguards
3104.1. Board May Prescribe
3104.2. Time Limitations
3105. Time Limitations on Ref iling of Petitions Where Variance Denied
3106. Review of Decisions of Zoning Board on Variances
ARTICLE 32. STATUS OF DECISIONS OF ZONING BOARD; REVIEW
BY CITY COMMISSION; COMMISSION POWERS; JUDI-
CIAL REVIEW
3201. Status
3202. Filing Request; Payment of Fees; Who may File
3203. Procedures �-
rM
r
3204. City Commission Powers of Review
3205. Judicial Review
ARTICLE 33. RESERVED
ARTICLE 34, ADMINISTRATION, ENEORCEMENTO VIOLATIONS,
AND PENALTIES
3401, Zoning Administrator Responsible for Administration and Enforce
ment
3401, I. Generally
3401.2. Limitation on powers of Zoning Administrator in Administration
and Enforcement
3402. Zoning Requirements, Procedures, Limitations, and Actions on Build-
ing Permits
3402.1. Plans to be Submitted With Applications
3402.2. Processing Applications; Issuance or Denial of Permit
3403. Zoning Requirements, Procedures, L imitations, and Actions on Certi-
ficates of Use
3403.1. For New or Altered Structures and Uses
3403.2. Temporary Certificates of Uses
3403.3. Annual Certificates of Use for Home Occupations in Residential
Districts
3403.4. Certificates of Use for Nonconforming Uses
3403.5. Actions Where Nonconforming Uses Become Conforming
3403.6. Certificates of Use for Other Existing Uses
3403.7. Certificates of Use for Buildings Accessory to Dwellings
3404. Structures and Uses to be as Provided in Applications, Plans, Building
Permits, Certificates of Use, and Special Permits in Relation Thereto
3405. Status of Building Permits or Certificates of Use Issued Prior to
Adoption or Amendment of Ordinance
3405.1. Completion of Lawful Actions Initial Prior to Adoption or
Amendment of Ordinance: Time Limits For Completion of
Actions
3405.1.1. Construction of Occupancy
3405.1.2. Actual Construction, Defined
3405.1.3. Occupancy Not Involving Pending Building Permits
3405.2. Status of Agreements, Conditions, and Safeguards Under Prior
Zoning
3406. Reserved
3407. Zoning Conformity Required Prior to Issuance of Licenses or Permits
3408. Permits or Certificates of Use Granted in Error Do Not Authorize
Violation of Ordinance; Corrections Required
3409. Action on Violations; Remedies
3410. Penalties
341) . Records
3412. Fees and Charges
3413. Appeals from Decisions of Zoning Administrator
ARTICLE 35. AMENDMENTS
3501. Intent
3502. Initiation of Applications for Amendment
350211, Who May apply
3502.2. Consideration by Boards
3502.3. Submission of Applications for Amendment
3503. Amendments to be Heard by Planning Advisory Board
3504. Amendments to be Heard by Zoning -Board
3505. Duties of Receiving Officer or Agent Upon Amendment Proposal
being Piled
3505.11 Determination of Board Jurisdiction; Transmittal
3505.2. Other City Code Requirements
3506. Public Notice
3507. Referral of Applications to Planning Advisory Board for Proposals for
Amendments Required to be Heard by the Zoning Board
3508. Hearings of Boards and Report to City Commission; Time Limits
3508.1. Zoning Board
3508.2. Planning Advisory Board
3508.3. Exception to Time Limits
3509. Nature and Requirements of Zoning Board Report to City Commission
3510. Nature and Requirements of Planning Advisory Board Report to City
Commission
3511. Status of Board Reports and Recommendations
3512. City Commission Action on Board Reports
3512.1. Public Hearing Required
3512.2. Requirement where Planning Advisory Board or Zoning Board
Report is Adverse to Proposed Amendment
3513. Failure of City Commission to Act
3514. Limitations on the Rezoning of Property where Application is
Initiated under Section 3502.1 (e)
3514.1. Size Limitation
3514.2. Limitation on Further Consideration after Denial
3514.3. Limitation on Further Consideration after Change
3514.4. Waiver of Time Limits
3515. Requirements Concerning Changes in Original Proposals after Pro-
cessing Begins
3515.1. Changes Prior to Notice of Hearing
3515.2. Changes Subsequent to Notice of Hearing, Prior to Hearing, or at
Hearing
3515.3. Changes During Planning Advisory Board, Zoning Board, or
Commission Consideration
3515.4. Procedure Where Substantial Changes are Proposed
ARTICLE 36. DEFINITIONS
3600. General
3601. Citation to Specific Definitions
3602. Specific (Definitions are in Alphabetical Order)
ARTICLE 37. INTERPRETATION; CONFLICTS
3701. Provisions of Zoning Ordinance Declared to be Minimum or Maximum
RequilremehfS
3702, RUIe C6heerning Comflicts with other RegUlcitl6M
ARTICU38. 1111SORT TO RP-MEDIES- SAVING CLAUSE; StiPARA.
BILITY; t-�WECTIWE E)Vr p
3801. Resbrt to Aermedies
3802, Saving Clause
3803. Separability
3804, Effective Date
ARTICLE I. INTRODUCTION
100.
Repeal of Ordinance No. 6071, As Amended
110,
Authority
120.
Intent and Purpose
130.
Short Title
ARTICLE 2. APPLICATION OF REGULATIONS
200. Zoning Affects All Lands, Waters, Structures, Uses and Occupancies.
210. Zoning Affects Height and Bulk of Buildings, Population Density, Lot
Coverage, Yards and Other Open Spaces, Offstreet Parking and
Loading, Signs, and Other Matters.
220. Yards, Area, Open Space, Offstreet Parking or Offstreet Loading
Space for one Structure or Use Not to be Used to Meet Requirements
for Another.
230. Creation of New Lots; Reduction of Lot or Yard Dimensions Below
Minimum Requirements Prohibited.
240. Reduction of Required Offstreet Parking or Offstreet Loading Space
Prohibited.
250. Erection or Maintenance of Unauthorized Signs Prohibited.
0
ARTICLE 1. INTRODUCTION
SECTION 100. REPEAL OF ORDINANCE NO,-68Z.11 A5 AMENDED.
I Ordinance No. 6871 of the City of Miami, Florida] adopted the 3rd day
2 of May 1961, and all amendments to Ordinance No. 6871 adopted subsequent
3 thereto, are hereby repealed; and the following Zoning Ordinance is
4 substituted therefor.
SECTION 110. AUTHORITY.
5 The action of the City of Miami, Florida, in repealing Ordinance No.
6 6871, as amended, and the adoption in substitution therefor of this zoning
7 ordinance is authorized and is taken under (1) the Charter of the City, Section
8 3 (4) (14) and Section 72, and (2) the Municipal Home Rule Powers Act of
9 1973, Chapter 166.011 et seq., Florida Statutes, as amended.
SECTION 120. INTENT AND PURPOSE.
10 This Zoning Ordinance is adopted as one of the instruments of imple-
I I mentation of the public purposes and objectives of the Miami Comprehensive
12 Neighborhood Plan. This Zoning Ordinance is declared to be in accord with
13 the adopted Miami Comprehensive Neighborhood Plan, as required by the
14 Local Government Comprehensive Planning Act of 1975, Chapter 75-257,
15 Laws of Florida, 1975.
16 It is the intent and purpose of the adopted Miami Comprehensive
17 Neighborhood Pion, and of this Zoning Ordinance which aids in implementing
18 it, to promote the public health, safety, morals, convenience, comfort,
19 amenities, prosperity, and general welfare of the City and to provide, among
20 other matters, a wholesome, serviceable, and attractive community; to
21 increase the safety and security of home life; to preserve and create a more
Ah 22 favorable environment in which to rear children; to stabilize and enhance
23 property and civic values; to develop meaningful and productive relationships
I between the private sector and City government; to provide for a more
2 uniformly just land -use pattern and tax assessment base; to old in develop-
3 rnent and redevelopment of the City; to increase traffic safety and ease
4 transportation problems; to provide more adequately for vehicular parking,
5 parks, parkways, recreation, schools, public buildings and facilities, housing,
6 job opportunities, light, air) water, sewerage, sanitation, and other public
7 requirements; to lessen congestion, disorder, and danger which often inhere in
8 unplanned and unregulated urban development; to prevent overcrowding of
9 land and undue concentration of population; to conserve and enhance the
10 natural and man-made resources of the City; and to provide more reasonable
II and serviceable means and methods of protecting and safeguarding the
12 economic and social structure upon which the good of all depends.
13 To further the objectives of the adopted Miami Comprehensive
14 Neighborhood Plan and the intent and purpose of this Zoning Ordinance, the
15 City is divided into districts of such number, shape, characteristics, area,
16 common unity of purpose, adaptability, or use as will accomplish the
17 objectives of the Plan and this Ordinance.
SECTION 130. SHORT TITLE.
18 This Zoning Ordinance shall be known and cited as the "Zoning
19 Ordinance of the City of Miami, Florida."
1-2
ARTICLE.,2. APPLICATION C)F REGULATIONS
I Except as specifically provided in this Ordinance;
SECTION 200. ZONINGAFFECTS ALL LANDS WATER STRUCTURES
OSE5; _, O
2 No building, structure, land or water shall hereafter be used or
3 occupied, and no building, structure, or part thereof shall hereafter be
4 erected, constructed, reconstructed, moved, located, or structurally altered
5 except in conformity with the regulations set out generally herein and for the
6 district in which it is located.
7
8
9
10
II
12
13
14
IS
16
17
18
19
20
21
SECTION 210. ZONING AFFECTS HEIGHT AND BULK OF BUILDINGS
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 occu-
pants, 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.
RM
SECTION 220.
No part of a yard, area, open space, or offstreet parking or offstreet
loading space required for one structure or use shall be included as meeting
requirements for another, except where specific provision therefor is made in
this Zoning Ordinance,
SECTION 230.
5 No new lot shall be created after the effective date of this Zoning
6 Ordinance or its amendment except in conformity with the requirements of
7 applicable regulations; and no yard or lot existing at the time of passage of
8 these regulations shall be reduced in width, depth, or area by private action
9 below the minimum requirements set forth therein.
SECTION 240. REDUCTION OF REQUIRED OFFSTREET PARKING OR
10 No offstreet parking or offstreet loading space now existing or here -
I I after provided which meets all or part of the requirements of this Zoning
12 Ordinance for such space shall be reduced or eliminated by private action, or
13 unless no longer required by these regulations, except where approved
14 alternative offstreet parking or offstreet loading space meeting such
15 requirements is provided.
SECTION 250. ERECTION OR MAINTENANCE OF UNAUTHORIZED
16 No sign shall be maintained, constructed, displayed, illuminated,
17 located, or dimensioned except in accordance with the provisions of this
18 Ordinance.
2-2
ARTICLE 3, OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE
OF DISTRICT REGULATIONS
300. Official Zoning Atlas and Supplements; Adoption
300.1. Land Use Intensity Sectors
300.2. Mopping SPI: Special public Interest Districts
300.3-6. Reserved
300.7. Inset Maps
300.8. Other Supplements
301-309. Reserved
310. District Regulations Extend to All Portions of Districts Surrounded
By Boundaries
311, Rules Where District Designation or Land Use intensity is Not In-
dicated; Corrections
312-314. Reserved
315. Rules Where There is Uncertainty as to Boundaries
315.1. Boundaries Indicated as Approximately Following The Center-
lines of Streets, Alleys, Rights of Way, or Easements; Variation
Between Actual and Mapped Location; Effect of Vacation on
Zoning Status of Property
315.2. Boundaries Indicated as Approximately Following Boundaries of
Streets, Alleys, Other Public or Private Property Lines, Rights of
Way, or Easements
315.2.1. General Rule
315.2.2. Exception in Cases of Apparently Unzoned Strips; Effect of
Vacation on Zoning Status of Property
315.3. Boundaries indicated as Approximately Following City Limits;
Changes in City Limits
315.3.1. Generally
315.3.2. Effect of Removal of Areas From City
315.3.3. Effect of Annexations to the City
315.4. Boundaries Indicated as Approximately Following Mean High
Water Lines or Centerlines of Streams, Canals, Lakes, Bays, or
Other Bodies of Water
315.5. Boundaries Indicated as Entering Any Body of Water
315.6. Boundaries indicated as Approximately Parallel to or Extensions
of Features
315.7. Distances Not Specifically indicated
315.8. Zoning Board Action in Cases of Remaining Uncertainty, Con-
flicts
316. Actions by Special Exception and Limitations Thereon in Cases Where
Zoning District Boundaries Split Lots or Parcels
317-319. Reserved
320. Schedule of District Regulations for Districts Other than Special
Districts; Adoption
321-324. Reserved
325. Official Zoning Atlas; Official Schedule of District Regulations --
Authentication and Location
325.1. Authentication
325.1.1. Official Zoning Atlas
325.1.2. Official Schedule of District Regulations
325.2. Location of Official Zoning Atlas, Official Schedule of District
Regulations
326. Official zoning Atlas; Official Sehedule of District Regulatlons
Arnehdrnent; Unauthorized Changes Prohibited
326,1. Amehdrnent '
326,2. Posting; Notice Concerning Incomplete Posting,, Authentication
326.2.1. Posting Required; Notice Concerning Incomplete Posting
326►2.2. Authentication; Recording of Nature and Dates of Amend-
ments
326,3. Unauthorized Changes Prohibited
327. Official Zoning Atlas; Official Schedule of District Regulations --
Final Authority
328. Retention of Earlier Zoning Maps or Atlases or Schedules of District
Regulations --
329. Replacement of Official Zoning Atlas, Official Schedule; Authen-
tication; Preservation of Prior Records
329.1. Replacement of Official Zoning Atlas; Official Schedule of
District Regulations
329.2. Authentication
329.2.1. Replacements Not Involving Amendment
329.2.2. Replacements Involving Amendment
Ek-
L7
k
Af IKIE.1 OLl iCIAL ZONING ATLASj- OrrlClAL. $CHEI)ULE 2r.
5EC`C_ION 300. OEEICIAL.. �ON_INO A.tLAS AND SUPPLEMENTS•. ADOP
1 The City is divided by this Zoning Ordinance into zoning districts, the
2 boundaries and designations of which are shown in a series of maps, covering
3 in combination the entire land and water area of the City, and identified as
4 the Official Zoning Atlas of the City of Miami. The Official Zoning Atlas,
5 together with all lawfully adopted explanatory material shown therein, is
6 hereby adopted by reference and declared to be part of this Zoning
7 Ordinance.
8 For the special purposes set out below, where boundaries and designa-
9 tions are not shown directly on the basic Atlas sheets, they shall be indicated
10 by overlays to such sheets or as separate maps. Overlays or separate maps
I I shall have the same force and effect as the basic Atlas sheets.
300.1. Land Use Intensity Sectors.
12 The City is divided by this Zoning Ordinance into land use intensity
13 sectors. Lana use intensities related thereto shall govern residential intensity
14 of attached and multi -family dwellings in districts now or hereafter created
15 permitting such uses, and shall be used as guides in other determinations
16 related to land use intensity as specified herein.
300.2. Mapping SPI: Special Public Interest Districts.
17 Where SPI: Special Public Interest districts created hereby or hereafter
18 created by this Zoning Ordinance, have the effect of supplanting previously
19 existing districts or portions of districts, the SPI district boundaries and
20 designations shall be shown directly on the basic Atlas sheets. Where SPI
21 districts have the effect of modifying requirements, regulations, or proce-
22 dures applying in existing districts, but do not supplant such districts, the
3-1
I boundaries of such SPI districts may either be indicated by overlay
7 designation to the basic Atlas sheet or by SPI district map supplements.
300.3-6. Reserved.
300.7. Inset_ Maps.
3 Where the scale generally applicable to the basic Atlas sheets or
4 supplemental maps is inadequate for presentation of details in particular
5 areas, such areas may be cross-referenced on the basic Atlas sheets or
6 supplemental maps to separate inset maps at appropriate scale.
300.8. Other Supplements.
7 Other supplements, in the form of maps, indexes, guides, illustrations,
8 records, reports, interpretive material and standards may be officially
9 adopted, directly or by reference, to facilitate administration and public
10 understanding of the Official Zoning Atlas, or of regulations adopted for the
I I zoning districts or other divisions established thereby.
SECTIONS 301-309. RESERVED.
SECTION 310. DISTRICT REGULATIONS EXTEND TO ALL PORTIONS OF
DISTRICTS U
12 Except as otherwise specifically provided, a district symbol or name
13 shown within district boundaries in the Official Zoning Atlas indicates that
14 district regulations pertaining to the district extend throughout the whole
15 area surrounded by the boundary line.
r�r�i�f.'��r`iL.'�'►r[•yil`►�1�7C�i'_�r��A•Z• • • •,�
16 Except as provided at Section 315.2.2, Exception in Cases of Apparently
17 Unzoned Strips, the following rules shall apply:
18 (a) Where a district designation is not indicated for an area in the
3-2 I
I Official Toning Atlas, the area shall be Construed to be zoned as for the most
2 restrictive adjoining district.
3 (b) Where the land use intensity sector is not indicated for an area to
4 which land use intensities apply in regulations, the area shall be construed as
5 being in the lowest adjoining land use intensity sector. —
6 (c) In either case, upon discovery of such omissions, unless research
7 reveals the correct official status (in which case rnop corrections and entries
8 related thereto may be made without action by the City Commission), the —
9 Zoning Administrator shall report the need for a corrective amendment to the
10 Planning Advisory Board, which shall initiate the proposed corrective
I I amendment and transmit its recommendations thereon to the City Commis- _
12 sion.
SECTIONS 312-314. RESERVED.
SECTION 315. RULES WHERE THERE IS UNCERTAINTY AS TO BOUND-
ARIES. 13 Where uncertainty exists as to location of boundaries of districts, land
14 use intensity sectors, or other areas delineated for regulatory purposes in the
15 Official Zoning Atlas, the following rules shall apply:
315.1. Boundaries Indicated as Approximately Following The Centerlines
of Streets,Alleys, Rights of WaX, or Easementsi Variation
Between Actual and Mapp2d Location; Effect of Vacation on
onin—. tutus of ProR2rtX.
16 Boundaries indicated as approximately following the centerlines of
7 streets, alleys, rights of way, or easements shall be construed as following
18 such centerlines as they exist on the ground (except where variation of actual
19 location from mapped location would change the zoning status of a lot or
20 parcel, in which case the boundary shall be so interpreted as to avoid such
21 change). In the event of vacation, the boundary shall be construed as
22 remaining in its location except where ownership of the vacated property is
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3
4
5
6
7
8
divided other than at the center, in which case the boundary sholI be contrued
as moving with the ownership,
315,2.
of
07
315.2.1. General 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. Exception in Cases of Aeparently Unzoned Strips; Effect of
Vacation on Zoningtatus of Property.
As an exception to the general rule above, where such boundaries are
adjacent to streets, alleys, rights of way, public property, or easements, and
are so located with relation to other opposing boundaries as to leave such
streets, alleys, rights of way, public property, or easements without apparent
zoning designation, such boundaries shall be construed as running to the
centerlines of the areas involved. In the event of vacation, the boundary shall
be construed as remaining in such central location, except where ownership of
the vacated property is divided other than at its center, in which case the
boundary shall be construed as moving with the ownership.
315.3. Boundaries Indicated as ApproximatelZ Following City Limi
anaes in City Limits.
315.3.1. Generally.
18 Boundaries indicated as approximately following City limits shall be
19 construed as following such City limits.
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315.3.2. Effect of Removal of Areas. from. Cit _.
I Where property previously within the City is removed from its limits,
2 the zoning boundaries involved shall be construed as moving to conform with
3 such change in City limits.
315.3.3. Effect ,of Annexations_ to. the City.
4 Where property previously located outside the City is annexed, Zoning
5 boundaries shall not be construed as moving with City limits. Applications
6 for required permits may be received and processed in relation to property in
7 such areas, but no such permit shall be issued until the City Commission shall
8 have taken action as provided in Article 35, Amendments, to establish the
9 zoning status of such annexed property, and the permits applied for are found
10 to be in accord with the terms of such amendment.
315.4. Boundaries Indicated as Aeproxii-nately Following Mean High
Water Lines or Centerlines of Streams,Canals, Lakes Bays, or
Other o ies o ater. -'
I I Boundaries indicated as approximately following mean high water lines
12 or centerlines of streams, canals, lakes, bays, or other bodies of water shall
13 be construed as following such mean high waterlines or centerlines. In the
14 case of a change in mean high waterline, the boundary shall be construed as
15 moving with the change, except where such moving would change the zoning
16 status of a lot or parcel, in which case the boundary shall be interpreted in
17 such manner as to avoid such change.
315.5. Boundaries Indicated as Entering Any Body of Water.
18 Boundaries indicated as entering any body of water, but not continuing
19 to intersection with other zoning boundaries or with the limits of jurisdiction
20 of the City, shall be construed as extending in the direction in which they
21 enter the body of water to intersection with other zoning boundaries or with
22 the limits of City jurisdiction.
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315►6. Boundaries_ indicated as_Awroximately Parallel to or Bxtensi
Boundaries indicated as approximately parallel to or extensions of
2 features described in Section 315.1 through 315.50 above, shall be construed
3 as being parallel to or extensions of such features.
315.7. Distances Nat Specifically Indicated.
4 Where distances are not specifically indicated on any map in the
5 Official Zoning Atlas, they shall be determined by reference to the scale of
6 the map.
315.8. Zoning Board Action in Cases of Remaining Uncertainty, Con-
licts.
7 In other circumstances not covered above, or where natural or manmade —
8 features existing are at variance with those shown in the Official Zoning
9 Atlas, or where the Atlas is illegible or unclear, or where interpretations
10 based on the above rules appear to produce contradictions or conflicts with
I I the intent of the ordinance, or upon request from the Zoning Administrator or
12 from any affected property owner, or on its own initiative upon determination —
13 that inconsistencies or ucertainties exist, the Zoning Board shall make a
14 finding and interpretation concerning the boundaries involved in accord with
15 the intent and purpose of this Zoning Ordinance. In cases where such finding
16 and interpretation involves only correction to the Official Zoning Atlas or any
17 official supplement, and does not change the zoning of any lot, the Zoning
18 Board may direct corrections without proposing an amendment to the map
19 involved. In cases where the zoning of any lot would be changed by such
20 correction, the Zoning Board shall initiate a proposed corrective amendment
21 and transmit its recommendations thereon to the City Commission, in accord
22 with Article 35 of this zoning ordinance.
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•
SEC`CION 316.
I In cases where zoning district boundaries divide a lot of record at the
2 time the boundary was established, the Zoning Board on application under
3 Article 26 of this zoning ordinance, may as a special exception authorize the
4 extension of regulations for either portion of the lot not to exceed fifty (50)
5 feet into the remaining portion. Not more than one such extension shall be
6 permitted on any lot, and any further extension shall require amendment of
7 the Official Zoning Atlas. This section shall not be construed to authorize
8 such extension with regard to any land use intensity sector boundaries, nor to
9 authorize the extension of regulations for a adjoining district into any SPI
10 district, except where specific SPI district regulations allow such extension.
SECTIONS 317-319. RESERVED.
SECTION 320. SCHEDULE OF DISTRICT REGULATIONS FOR DISTRICTS
OTHER THAN SPECIAL ; ADOPTION.
I I A substantial part of the regulations applying in many of the districts
12 established by this Zoning Ordinance have been set out in tabular form in a
13 series of sheets identified as the Official Schedule of District Regulations
14 which, together with all lawfully adopted explanatory material shown therein,
15 is hereby adopted by reference and declared to be part of this zoning
16 ordinance.
SECTIONS 321-324. RESERVED.
SECTION 325. OFFICIAL ZONING ATLAS• OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS —AUTHENTICATION AND LO-
325.1. Authentication.
325.1.1. Official Zoning Atlas.
17 Each basic Atlas sheet and each overlay or supplemental element
3-7
I thereto or otherwise contained in the Official Zoning Atlas shall be
2 authenticated by the signature of the Mayor; attested by the signature of the
3 City Clerk, and bear the seal of the City, under the following words:
4 "This is to certify that this is (page number, title, or other specific
5 identification) of the Official Zoning Atlas referred to and adopted by
6 reference by Ordinance No. of the City of Miami, Florida,
7 adopted , 19 ."
325.1.2. Official Schedule of District Regulations.
8 Each sheet of the Official Schedule of District Regulations shall be
9 authenticated by the signature of the Mayor, attested by the signature of the
10 City Clerk, and shall bear the seal of the City under the following words:
I I "This is to certify that this is page of the Official Schedule of
12 District Regulations referred to and adopted by reference by Ordinance
13 No. of the City of Miami, Florida, adopted ,
14 19—."
325.2. Location of Official Zoning Atlas Official Schedule of District
egulat ions.
15 The Official Zoning Atlas and the Official Schedule of District
16 Regulations shall be located in the office of the City Clerk.
SECTION 326. OFFICIAL ZONING ATLAS• OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS —AMENDMENT; U AUT RIZ-
ED CHANGES PROHIBITED.
326.1. Amendment.
17 The Official Zoning Atlas and Official Schedule of District Regulations
18 are subject to amendment by ordinance as set out in Article 35. In the case
19 of the Official Zoning Atlas, any proposed amendment shall be identified by
20 reference to the Atlas sheet and/or supplement involved, in addition to legal
21 description or other property identification or such other information as is
I required to make specific the application of the amendment In the case of
4W 2 the Schedule of District Regulations, any proposed amendment shall be
3 Identified by the sheet number, district, column, and items or items changed,
4 identified (if applicable) by paragraph or subparagraph numbers or letters,
3266.2. Posting,; Notice Concernin Incom lete Postin , Authentication.
326.2.1. Postin Re uired,- Notice Concerning Incomplete. Postin
S Amendments to the Official Zoning Atlas or Official Schedule of
6 District Regulations shall be posted promptly, Prior to such posting, a
7 certified copy of the amendment involved shall be physically attached to each
8 Atlas sheet, supplement, or schedule sheet to be changed, prominently
9 marked: AMENDMENT EFFECTIVE; POSTING INCOMPLETE.
■ 326.2.2. Authenticationi Recording of Nature and Dates of Amendments.
10 Amendments shall be authenticated by entries on Atlas sheets,
r I I supplements, or schedule sheets affected, and a record of the nature and date
12 thereof maintained. Such entries shall indicate the date the amendment was
13 made, the date the change became effective (if other than the date of the
14 actual change), the number of the amending ordinance, and an indication of
15 the nature of the change sufficient to facilitate specific identification.
326.3. Unauthorized Changes Prohibited.
16 No changes of any nature shall be made in the Official Zoning Atlas, the
17 Official Schedule of District Regulations, or any matter shown thereon,
18 except in conformity with the requirements and procedures set forth in this
19 Zoning Ordinance. Any unauthorized changes of whatever kind by any person
20 or persons shall be considered a violation of this Ordinance and punishable as
21 provided by this Ordinance; provided, this provision shall not be held to
s' 22 foreclose action under other applicable criminal statutes of the State of
23 Florida against any person or persons alleged to have made unauthorized
3-9
I changes in this Zoning Ordinance.
SECTION 327.
2 Regardless of the existence of purported copies of all or part of the
3 Official Zoning Atlas or all or part of the Official Schedule of District Regu-
4 lotions which may fro,n time to time be made, published, or reproduced, the
5 Official Zoning Atlas and amendments thereto in the office of the City Clerk
6 shall be the final authority as to the current zoning status of all lands and
7 waters in the City, and the Official Schedule of District Regulations shall be
8 the final authority as to regulations set forth therein as applying to such
9 districts.
SECTION 328. RETENTION OF EARLIER ZONING MAPS OR ATLASES
OR SCHEDULES OF I L .
10 At least one copy of all zoning maps or atlases, or schedules of district
I I regulations, or remaining portions thereof, which have had the force and
12 effect of official zoning maps or atlases or schedules for the City prior to the
13 effective date of adoption or amendment of this Zoning Ordinance shall be
14 retained by the City Clerk and preserved as a public record and as a guide to
15 the zoning status of lands and waters prior to such dates.
SECTION 329. REPLACEMENT OF OFFICIAL ZONING ATLAS OFFICIAL
SCHEDULE; AU N PRESERVATION P 1-
329.1. Replacement of Official Zoning Atlas Official Schedule of
District Re2ulations.
16 At any time the Official Zoning Atlas, or the Official Schedule of
17 District Regulations, or any portion of either becomes damaged, lost, des-
18 troyed, or difficult to interpret by reason of the nature or number of changes,
19 the City Commission may by resolution adopt a new Official Zoning Atlas,
20 Official Schedule of District Regulations, or any portion of either, which shall
3-10
I supersede that previously in effect, The superseding document or documents
2 may correct errors or omissions in prior versions, but no such correction shall
3 have the effect of amending the district designation of any property, in the
4 case of the Official Zoning Atlas, or of amending the regulations relating
5 thereto, in the case of the Official Schedule of District Regulations, except
6 where such replacement is accompanied by action in the form of an
7 amendment making such changes.
329.2. Authentication.
329.2.1. Replacements Not Involving Amendment.
8 Where replacement does not involve amendment, replacing elements
9 shall individually bear a record of authority for such replacement indicating
10 the number and date of the resolution, the date of the replacement, and
I I specific identification of the material replaced, attested by the City Clerk.
is 329.2.2. Replacements Involving Amendment.
12 Where replacement is accompanied by amendment, in addition to the
13 entry indicated above, an entry shall be made as required generally for
14 amendments at Section 326.2.2.
2
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Ir
0
ARTICLr- 4. ZONING DISTRICTS
400.
Districts Listed
400.1.
Interim Zoning Districts
400.2.
Special Public Interest Districts
401.
Definitions of Groupings of Various Districts
401.1.
Residential Districts
401.2.
Commercial Districts
401.3.
Industrial Districts
401.4.
Other Districts
5
A,R!iCLE. 4. ZONING DIS1 RI_Cfi5
SECTION 400. DISTRICTS LISTED.
I Zoning districts, or classifications, as shown on the Official Schedule of
2 District Regulations and as delineated on the Official Zoning Atlas, are as
3 follows, with titles and abbreviations for symbol purposes as indicated. -
SYMBOL TITLE
RS-1.
One Family Detached Residential
RS-1.1.
One Family Detached Residential (Bayshore Drive)
RS-2.
One Family Detached Residential
RG-I.
General Residential (One and Two Family)
RG-2.
General Residential
RG-2.1.
General Residential
RG-2.2.
General Residential
RG-3.
General Residential
RG-4.
General Residential
RO-I.
Residential - Office
RO-2.
Residential - Office
RO-2. I.
Residential - Office
RO-3.
Residential - Office
SPI-5:
Brickell-Miami River Residential - Office District
RO-4.
Residential - Office
0-I. Office - Institutional
CR-I.
Commercial -Residential (Neighborhoods)
CR-2.
Commercial -Residential (Community)
CR-3.
Commercial -Residential (General)
SPI-I:
Martin Luther King Boulevard Commercial District
SPI-2:
Coconut Grove Central Commercial District
CG-1.
General Commercial
CBD
Central Business District
CG-2.
General Commercial
WF-I. Waterfront Industrial
1-I. Light Industrial
1-2. Heavy Industrial
GU. Governmental Use
PR. Parks and Recreation
WF-R. Waterfront Recreational
SPI-3: Coconut Grove Major Streets Overlay District
SPI-4: Brickell Area Major Streets Overlay District
400.1. Interim Zoning Districts.
4-1
I Interim zoning districts, established under Article 19 of this Zoning
2 Ordinance, are not included, or are they to be included in the future, In the
3 above Iisting of zoning districts at classifications.
400.2. Special Public Intetrest Districts.
4 Special public interest districts that may be adopted under the authority
5 of Article 15 of this Zoning Ordinance may be included in the following
6 listings upon decision of the City Commission to so include.
SECTION 401. DEFINITIONS OF GROUPINGS OF VARIOUS DISTRICTS.
401.1. Residential Districts.
7 Where the phrases "all residential districts," "residential districts,"
8 "zoned residence or residentially," "residentially zoned," or phraseology of
9 similar intent are used in this zoning ordinance, the phrases shall be construed
10 to include the following districts:
SYMBOL TITLE
RS-I.
One Family Detached Residential
RS-I.I.
One Family Detached Residential (Bayshore Drive)
RS-2.
One Family Detached Residential
RG-1.
General Residential (One and Two Family)
RG-2.
General Residential
RG-2.1.
General Residential
RG-2.2.
General Residential
RG-3.
General Residential
RG-4.
General Residential
RO-1.
Residential - Office
RO-2.
Residential - Office
RO-2.1.
Residential - Office
RO-3.
Residential - Office
SPI-5:
Brickell-Miami River Residential -Office District
RO-4.
Residential - Office
401.2. Commercial Districts.
1I Where the phrases "commercial districts," "zoned commercial or
12 commercially," "commercially zoned," or phraseology of similar intent are
4-2
I used in this Zoning Ordinance, the phrases shall be construed to include the
2 following districts:
SYMBOL TITLE
CR-I. Commercial=Residential (Neighborhood)
CR-2. Commercial -Residential (Community)
CR-3. Commerc akResidential (General)
SPIN: Martin Luther Ring Boulevard Commercial District
SPI -2: Coconut Grove Central Commercial District
CG=1. General Commercial
CBD Central Business District
CG-2, General Commercial
401.3. Industrial Districts.
3 Where the phrases "industrial districts," "industrially zoned," "zoned
4 industrial," "industrial zoning;' or phrases of similar intent are used in this
5 Zoning Ordinance, the phrases shall be construed to include the following
districts:
SYMBOL TITLE
WF-I. Waterfront Industrial
1-1. Light Industrial
1-2. Heavy Industrial
401.4. Other Districts.
6 Districts not included in the listings of residential, commercial, and
7 industrial districts above, shall not be construed to fall within any of the of
8 the three classifications unless regulations for such unclassified districts
9 specifically apply requirements as for classified districts.
4-3
ARTICLE 5. PLANNED DEVELOPMENT (PD) DISTRICTS, GENERALLY
500,
kf ent
501.
Planned Development, Defined
502.
Planned Development (PD) Districts, Where Permitted; How Desig-
nated
502.1.
Relation to Major Transportation Facilities
502.2.
Relation to Public Utilities, Facilities, and Services
502.3.
Alternative Private Provision of Utilities, Facilities, Services, or
Payment Off -setting Added Net Public Costs
502.4,
Physical Character of the Site; Relation to Surrounding Property;
Increases or Reductions in Required Minimum Area
502.4.1.
Reductions or increases in Minimum Areas Generally Re-
quired
502.4.1.1.
Lesser Areas
502.4.1.2.
Greater Areas
502.4.2.
Additions to PD Districts not Subject to Minimum Area
Requirements
503.
Relation of PD Regulations to General Zoning, Subdivision or Other
Regulations
504-509.
Reserved
510.
Procedures
510.1.
Pre -application Conference
510.2.
Applications for PD Amendments; Materials to be Submitted
510.2.1.
Report
510.2.2.
Survey
510.2.3.
Preliminary Development Concept Plan
510.2.4.
Special Surveys, Approvals, or Reports Required Where
Development is Dependent on Such Surveys, Approvals, or
Reports
510.2.5.
Indications as to Nature and Succession of Staging
510.2.6.
Proposals on Provision and Continuing Operation and Main-
tenance of Facilities for Common Use
510.2.7.
Proposals Concerning Restrictive Covenants
510.3.
Actions Following Receipt of Application for PD Rezoning
510.3.1.
Zoning Board Referral to Department of Planning
510.3.2.
Department of Planning Review and Recommendations;
Conference with Applicants
510.3.3.
Zoning Board Action; Findings and Recommendations
510.3.4.
Action by the City Commission
510.3.4.1.
Modification of General Regulations in Particular Cases
510.3.4.2.
Establishing Conditions and Safeguards Concerning
Staging in Particular Cases
510.3.4.3.
Effect of City Commission Action
511-514.
Reserved
515.
Department of Planning Action Following Rezoning to PD Status
515.1.
Approval of Final Plans and Reports
515.2.
Changes in Final Plans and Reports
516.
Expiration of Time Limits in Relation to PD Amendments; Failure to
Meet Other Requirements
ARTICLE 5, PLANNED [�EVELOI�M IJt (f D D1S TI ICT5 ENER-
ALLY
SECTION 500, INTENT
I Within districts now existing or which may hereafter be created, it is
2 intended to permit, on application for rezoning and on approval of preliminary
3 development concept plans (with which final and detailed site, use, building
4 and development plans must be in accord), establishment of new Planned
5 Development (PD) districts for specialized purposes where tracts suitable in
6 location, area, and character for the uses and structures proposed are to be
7 planned and developed as units. Suitability of such tracts for the plans and
8 development proposed for PD districts shall be determined by reference to
9 the Miami Comprehensive Neighborhood Plan and the existing and prospective
10 character of surrounding development.
I I Within such districts, regulations adapted to such unified planning and
12 development are intended to accomplish the purposes of zoning and other
13 applicable regulations to the some degree as in districts in which regulations
14 are intended to control development on a lot -by -lot rather than unified basis,
15 and to promote economical and efficient land use, an improved level of
16 amenities, appropriate and harmonious variety in physical development,
17 creative design, and a better environment.
18 In view of the substantial public advantages of planned development, it
19 is the intent of these regulations to promote and encourage development or
20 redevelopment in this form where appropriate in location and character.
21 PD districts shall be so related to the general development pattern and
22 objectives of the adopted comprehensive plan as to provide for the comfort
23 and convenience of occupants, facilitate protection of the character of
24 surrounding neighborhoods, and reduce general traffic congestion by a
25 reasonably close relationship (either in distance or in time) between origins
5-1
and destinations of persons living, worklr►g, or vistirig in such developments.
7 Housing, commercial, and service facilities, and principal places of employ-
3 ment shall be so related either by physical proximity or by major street
4 networks as to promote these objectives.
SECTION 501. PLANNED DEVELOPMENT, DEFIiNED.
5 For purposes of these regulations, a planned development is.,
6 (a) Land under unified control, to be planned and developed as a
7 whole;
8 (b) In a single development operation or an approved, definitely
9 programmed series of development operations, including all lands and build-
10 ings;
II (c) For principal and accessory structures and uses substantially
12 related to the character and purposes of the district;
13 (d) According to comprehensive and detailed plans that include not
14 only streets, utilities, lots, or building sites and the like, but also site plans,
15 floor plans and elevations for all buildings as intended to be located,
16 constructed, used, and related to each other, and detailed plans for other uses
17 and improvements on the land as related to the buildings; and
18 (e) With a program for provision, operation, and maintenance of such
19 areas, improvements, facilities, and services as will be for common use by
20 some or all of the occupants of, or visitors to, the district, but will not be
21 provided, operated, or maintained at general public expense.
SECTION 502. PLANNED DEVELOPMENT (PD) DISTRICTS, WHERE PER-
22 Planned development (PD) districts may hereafter be established only
23 by amendment to the Official Zoning Atlas and related amendatory action
24 where tracts suitable in location and character for the uses and structures
25 proposed are to be planned and developed as units, according to the
5-2
I requirements and procedures set forth herein and for the particular district
2 involved, Such districts shall be designated by the prefix PD, with a suffix
3 appropriate to their purposes.
4 PD districts shall be appropriately located with respect to intended
5 functions, to the pattern and timing of development existing or proposed in
6 the adopted comprehensive plan, and to public and private facilities, existing
7 or clearly to be available by the time development reaches the stage where
8 they will be needed. All requirements specified in Article 35, Amendments,
9 shall be met, as well as the following specific requirements:
502.1. Relation to Major Transportation Facilities.
10 Except as otherwise provided in specific district regulations, PD
I I districts shall be so located with respect to mass transit systems, express-
12 ways, arterial and collector streets, or other transportation facilities as to
13 provide direct access to and from such districts without creating traffic along
14 minor streets in residential neighborhoods outside the district.
502.2. Relation to Public Utilities, Facilities, and Services.
15 PD districts shall be so located in relation to sanitary sewers, water
16 lines, storm and surface drainage systems and other utilities systems and
17 installations that neither extension nor enlargement of such systems will be
18 required in manner, form, character, location, degree, scale, or timing
19 resulting in higher net public costs or earlier incursion of public costs than
20 would development in forms generally permitted under existing zoning for the
21 area.
22 Such districts shall be so located with respect to necessary public
23 facilities as to have access to such facilities in the same degree as would
24 development permitted under prior zoning, and shall be so located, designed
Milk 25 and scaled that access for public services is equivalent to, and net cost for
5-3
I such services is not greater than, access and net costs for public services for
2 development as permitted under prior 26nifJg.
502.3. Alternative Private Provision of Utilities Facilities Services Sr
3 However, if applicants will (1) provide private facilities, utilities, or
4 services approved by appropriate public agencies as substituting on an
5 equivalent basis, and assure their satisfactory continuing operation, perma-
6 nently or until similar public utilities, facilities, or services are available and
7 used, or (2) make provision acceptable to the City for off -setting any added
8 net public cost or early commitment of public funds made necessary by such
9 development, location of the PD district may be approved.
10 In computing added net public costs, difference in anticipated public
I I installation, operation, and maintenance costs and difference in anticipated
12 public revenue shall be considered. Expenses involved in making such deter-
13 minations as may be required in establishing added net public costs shall be
14 paid by applicants. Determinations shall be made by the City or by experts
15 acceptable to the City.
502.4. Physical Character of the Site: Relation to Surroundina Prooerty:
ncreases or Reductions in Reauired Minimum Area.
16 The site shall be suitable for development in the manner proposed
17 without hazards to persons or property, on or off the tract, from probability
18 of flooding, erosion, subsidence or slipping of the soil, or other dangers,
19 annoyances, or inconveniences. Condition of soil, ground water level,
20 drainage, and topography shall all be appropriate to both kind and pattern of
21 use intended. The site shall meet all requirements for development as
22 proposed under the South Florida Building Code and other applicable City,
23 County, or State laws or regulations.
24 If appropriate to the form of planned development, lands to be included
5-4
e�
I in PD districts may be divided by public or approved private streets, alleys,
2 rights of way, or easements, but the site shall be so located, dimensioned, and
3 arranged as to permit unified planning and development and to rneet all
4 requirements in connection therewith, as well as to provide necessary
5 protection against adverse relationships between uses in the district and uses
6 in surrounding areas,
502.4.1. Reductions or Increases in Minimum Areas GeneralIX Re uired.
7 In connection with particular PD proposals, the Zoning Board may
8 recommend and the City Commission may approve as part of the amendment —
9 action:
502.4.1.1. Lesser Areas
10 Lesser minimum areas than generally required, upon findings in the
11 particular case that special circumstances, including a demonstrated public '
12 need for the development, peculiarities of street pattern, site location,
13 topography, or other matters related to the property and public requirements,
14 require such reduction, and that other requirements can be met in such lesser
15 area, provided no such reduction shall amount to more than ten per cent (10%)
16 of the area generally required.
502.4.1.2. Greater Areas.
17 Greater minimum areas than generally required, upon findings that in
18 the particular case the plan of development as proposed or the character of
19 the property involved, in themselves or in relation to surrounding property as
20 developed or as it maybe reasonably expected to be developed, require such
21 increase in order to meet the requirements and intent of PD zoning or to
22 provide necessary special protection.
5-5
502.4.2.
I Where planned development additions are proposed adjacent to or across
2 the street from existing PD districts, and where the land and proposed plan of
3 development is appropriately related to the existing PD district and provides
4 necessary safeguards in relation to the surrounding area, PD amendments
5 allowing such additions may be made without regard to the minimum area
6 requirements set out herein. Such additions may be of the some classification
7 as the PD district being added to, or may be of another classification if the
8 Zoning Board recommends and the City Commission approves such other
9 classification and plans proposed therefor as complementary to the original
10 PD district.
SECTION 503. RELATION OF PD REGULATIONS TO GENERAL ZONING
I I PD regulations which follow shall apply generally to the initiation of
12 applications for and regulation of all planned development districts. Where
13 there are conflicts between the special PD provisions herein and general
14 zoning, subdivision, or other regulations and requirements, these special
15 regulations shall apply in PD districts unless the City Commission shall find,
16 in the particular case:
17 (1) That provisions herein do not serve public purposes to a degree at
18 least equivalent to such general zoning, subdivision, or other regulations or
19 requirements, or
20 (2) That actions, designs, construction, or other solutions proposed by
21 the applicant, although not literally in accord with these special regulations,
22 satisfy public purposes to at least an equivalent degree.
23 It is specifically provided, however, that where floor area and similar
24 ratios, including land use intensity ratios, have been generally established by
5-6
I these regulations for d particular type of district or in particular arenas, the
2 City Commission shall not act in a particular case to alter said ratios.
3 Except as indicated above) notwithstanding procedures and require-
4 ments generally in effect, procedures and requirements set forth herein and
5 in guides and standards adopted as part of these regulations for particular _
6 classes of PD districts shall apply in PD districts and to any amendments for —
7 such districts and issuance of all permits therein.
SECTIONS 504-509. RESERVED.
SECTION 510. PROCEDURES.
8 Application for amendment shall be submitted as for other amendments,
9 and the following additional procedures shall be followed and requirements
10 met:
510.1. Pre -application Conference.
II Before submitting an application for PD amendment, a prospective
12 applicant shall confer with a representative of the Department of Planning
13 designated by the Director to obtain information and guidance before enter-
14 ing into binding commitments or incurring substantial expense in the prepara-
15 tion of plans, surveys, and other data; provided, however, that no statement
16 made or information given during such pre -application conference or
17 conferences shall be binding on the City or the applicant.
510.2. Applications for PD Amendments; Materials to be Submitted.
18 Materials submitted with applications for PD amendments or on sub-
19 sequent request by the Zoning Board shall include all plans, maps, studies, and
20 reports which may reasonably be required to make the determinations called
21 for in the particular case, with sufficient copies for necessary referrals and
22 records. More specifically, all of the following shall be required before the
5-7
I application shall be considered to be filed for processing:
510.2,1. Report.� _
2 A report identifying all property ownership and beneficial interest
3 within the boundaries of the proposed PD district and giving evidence of
4 unified control of its entire area. The report shall state agreement of all
5 present owners or holders of beneficial interest.-
6 (a) To proceed with the proposed development according to the
7 regulations existing when the map amendment creating the PD district is
8 passed, with such modifications as may be set by the City Commission in the
9 manner provided in Section 503, above; and
10 (b) To conform in the process of development to the preliminary
11 development concept plan, and to proposals for staging of development,
12 according to requirements set below; and
13 (c) To provide such bonds, dedications, easements, guarantees, agree-
14 ments, deeds of trust, contracts, and/or covenants acceptable to the City
15 Commission as may be reasonably necessary to protect public interest in
16 completion of such development according to approved plans, and for
17 provision and continuing operation and maintenance of such areas, facilities,
18 and functions as are not to be provided, operated, or maintained at general
19 public expense, and to provide such dedications, contributions, or guarantees
20 as are required for provision of needed public facilities and services; and
510.2.2. Survey.
21 A survey of the proposed PD district showing property lines and owner-
22 ships; and existing features, including streets, alleys, easements, utility lines,
23 existing land use, general topography, and physical features; and
510.2.3. Preliminary Develo ment Conce t Plan.
24 A preliminary development concept plan(s) for the PD district, indicat-
M
I ing:
2 (a) The name of the proposed planned development, and the names of
3 the developer(s) and professional planner(s).
4 (b) Scale, date, north arrow.
5 (c) Location, height, floor area, and use of existing structures, if any,
6 and approximate locations orientation, height, floor area, and use of proposed
7 structures or portions of structures.
8 (d) Points of ingress and egress for principal pedestrian, private
9 automotive, mass transit and waterway traffic, and circulation patterns
10 within the PD district.
I I (e) Location, character and scale of parking and service facilities
12 (area and number of spaces in parking lots, character of structural parking,
13 location of mass transit stations, docks, marinas and the like, location of
14 principal service areas for major structures or complexes).
15 (f) Relation of abutting land uses and zoning districts, including,
16 where view protection is an objective, location of principal public viewpoints
17 into or through the proposed PD district.
18 (g) Existing lots and blocks, if any, and general pattern of proposed
19 lots and blocks, if any.
20 (h) Location of existing public and quasi -public systems for pedestrian
21 use or common enjoyment (excluding automotive uses); scale of such systems;
22 indication of open air and internal components.
23 The preliminary development plan is required for determination as to
24 internal relationships between or among uses and activities proposed and their
25 supporting systems and facilities, and relation to surrounding uses, activities,
26 systems, and facilities.
27 With respect to preliminary development concept plans, it is the,intent
28 of these regulations that such plans shall include all data reasonably
5-9
I necessary for determining whether the proposed development meets the
2 specific requirements and limitations, and the intent, concerning a particular 1
3 type of PD district. Therefore, information in addition to that specified
4 above may be requested In connection with preliminary development concept
5 plans when necessary to make such determinations with respect to a
6 particular PD district, and such information shall be provided, if reasonably
7 necessary to make such determinations, before processing proceeds. In
8 addition, there shall be provided:
510.2.4. Special Surve Approvals, or Re its Required Where Develop-
ment is Dependent on Such Surveys, ARprova s, or Reports.
9 Special surveys, approvals, or reports required by law in the circum-
10 stances of a particular PD proposal are required where development of a
I I major element of the proposal or the entire proposal is dependent upon such
12 special surveys, approvals, or reports.
510.2.5. Indications as to Nature and Sucession of Staging.
13 Where a planned developent is to be constructed in stages, indications
14 as to the nature of the planned development, uses, location, and floor areas or
15 residential densities to be developed and timing of beginning of development
16 of the first stage; and similar information on succeeding stages; provided,
17 that in lieu of an indication of specific timing, initation of succeeding stages
18 may be made dependent upon completion of all or substantial portions of
19 earlier stages.
510.2.6. Pro22sals on Provision and Continuing 0122rotion and Maintenance
OTFacilities for Common - -se.
20 Proposals describing provisions to be made concerning establishment
21 and continuing operation and maintenance of such areas, facilities, and
22 improvements as will be for common use by some or all of the occupants of
23 the district and/or persons visiting the district, but will not be provided, _
5-10
I operated, or Maintained at general public expense, giving adequate assurance
2 to the City that such areas, facilities and improvements will be cohtinued,
3 operated, and maintained without future expense to the taxpayers of the City
4 of Miami.
510.2.7. Proposals Concerning Restrictive Covenants.
5 Proposals concerning any restrictive covenants to be recorded with
6 respect to property included in the PD district,
510.3. Actions Following Receipt of Application for PD Rezoning.
510.3.1. Zoning Board Referral to Department of Planning.
7 On receipt of an application for PD rezoning, the Zoning Board shall
8 promptly submit the documents to the Department of Planning for review,
9 findings, and recommendations, which shall be delivered within thirty (30)
10 days (a) of receipt of the application, or (b) of termination of conferences
46 11 described below, or (c) of time of request by applicant to proceed without
12 further conferences.
510.3.2. Departrent of Plannina Review and Recommendations: Confer-
ence with Applicants.
13 The purpose of Department of Planning review, findings, and recom-
14 mendations shall be to determine whether the application and accompanying
15 documents conform to the intent and purposes of the Miami Comprehensive
16 Neighborhood Plan and to the general requirements of Section 502, PD
17 Districts, Where Permitted, whether instruments or arrangements described
18 in the report submitted by the applicant appear adequate to protect the City's
19 interest, and whether the proposed development conforms to PD regulations
20 specifically established for the type of PD district involved or other
21 regulations applicable to the particular PD district. In performing the
22 function of review, the Department of Planning shall refer the application
5-I1
I and supporting documents to other governmental department$ or agencies
2 having interest or expert knowledge of the matters involved, and the
3 Department of Planning shall incorporate the comments and criticisms of the
4 other governmental departments or agencies into its report, identifying the
5 departments or agencies involved.
6 If there are differences between the application as submitted and
7 details of zoning or other regulations, the Department of Planning shall make
8 recommendations as to whether the application, as submitted or with
9 practicable changes, justifies a recommendation for modification of such
10 details of zoning or other regulations, on grounds that the public interest will
I I be served or protected to at least an equivalent degree by such modifications
12 as by strict application of such regulations. Determinations and limitations
13 on such modifications shall be as set out at Section 503.
14 During such review, the applicant may be requested to confer on the PD
15 rezoning application as originally submitted concerning suggested changes
16 and/or additional information necessary to make essential findings, in order
17 to assist in bringing the application and material submitted therewith as —
18 nearly as possible into conformity with these or other regulations applying in
19 the case, or to define specific modifications of such regulations which seem
20 justified in view of equivalent service of public purposes by the application.
21 In the course of such conferences, any recommendations for changes
22 shall be recorded in writing, and shall become part of the record in the case.
23 All such recommendations shall be supported by the stated reasons for the
24 proposal for change. Applicants shall in writing indicate their agreement to
25 such recommendations, with or without reservations, or their disagreement,
26 with reasons therefor, and such response by applicants shall also be included
27 in the record. To the extent that there is agreement as to changes, the
28 original application and materials submitted therewith may be altered before
5-12
I further processing.
2 Where conferences are proposed or conducted, the thirty (30) day period
3 for review, findings, and recommendations shall commence either on
4 completion of such conferences or at any time Upon written request of the
5 appi icants.
6 The recommendations of the Department of Planning, including findings
7 of fact and conclusions, shall be in writing, and shall set forth reasons in
8 specific terms. Recommendations shall be for (a) granting of the application
9 in its current form, or (b) granting with clearly -defined modifications, or (c)
10 denial, with specific reasons therefor.
510.3.3. Zoning Board Actioni Findings and Recommendations.
I I Within thirty (30) days after receiving the report of the Department of
12 Planning, the Zoning Board shall hold a public hearing on the application for
13 amendment to PD status, considering all aspects of the Department of
14 Planning findings and recommendations and of the planned development
15 proposed by the applicant as related to the specific type of PD rezoning
16 sought. Within thirty (30) days after the last public hearing on the matter,
17 the Zoning Board shall in writing prepare and transmit to the City
18 Commission specific findings of fact, together with its recommendations (a)
19 for granting of the application in its current form, or (b) granting with
20 clearly -defined modifications, or (c) denial with specific reasons therefor.
21 The Board shall also recommend concerning modifications of regulations
22 generally applicable.
510.3.4. Action by the CitX Commission.
23 Action by the City Commssion shall be in general as for other
24 applications for amendment of the Zoning Ordinance. The decision of the
qF 25 City Commission shall be to (a) grant the application in its current form, or
5-13
1 (b) grant with clearly -defined modifications, or (c) deny, with specific reasons
2 therefor.
510.3.4,1. Modification of General ,Re ulations in particular Cases.
3 In cases where there are proposed modifications of details of zoning or
4 other regulations, based on findings that the public interest will be served or
5 protected to at least an equivalent degree by such modifications as by strict
6 application of such regulations in the circumstances of the particular planned
7 development, City Commission may in its action amend such regulations as
8 applied to the particular PD district, subject to the determinations and
9 limitations set out at Section 503, Relation of PD Regulations to General
i0 Zoning, Subdivision, or Other Regulations.
510.3.4.2. Establishing Conditions and Safe uards Concerning Staging in
'Particular Cases.
I I With regard to staging the City Commission in its amending action for
12 any PD rezoning may establish such conditions and safeguards as are
13 reasonably necessary to assure that each stage is logical in terms of the total
14 preliminary development concept plan, and that, if any stage is left
15 uncompleted, there are adequate guarantees to assure that where density or
16 floor area limitations for the stages completed exceed limitations based on
17 the entire development, compensating reduction shall be made in portions
i8 remaining undeveloped, and that where open space or other requirements for
19 the stages completed are less than requirements based on the entire
20 development, compensating increases shall be made in portions remaining
21 undeveloped, under the total staging plan.
510.3.4.3. Effect of City Commission Action.
22 The effect of City Commission action favorable to the application shall
23 be to amend the Official Zoning Atlas to establish the particular PD district
5-14
I thereon, to apply the regulations (with modifications, if any) applicable to
2 that district, to require that development and related matters be as specified
3 in the preliminary development concept plan approved in connection with the
4 amendment, and to indicate that all matters requiring approval by the City in
5 connection with the creation of the particular district have been, or will be,
6 completed and approved in an order set forth in the amending action before
7 related development shall take place.
8 If the City Commission shall amend the Zoning Ordinance in the manner
9 set out herein, all maps, documents, covenants, and agreements constituting
10 the formal proposal or made a part of the formal proposal shall be adopted by
I I reference as an amendment to this Zoning Ordinance, and shall constitute the
12 regulations for the specific planned development involved in the approved
13 application.
SECTIONS 51 I-514. RESERVED.
SECTION 515. DEPARTMENT OF PLANNING ACTION FOLLOWING RE-
ZONING TO PDSTATUS-.
14 Department of Planning action following rezoning to PD status is
15 administrative in nature, and shall be as follows:
515.1. Approval of Final Plans and Reports.
16 After lands are rezoned to PD status, no building permit shall be issued
17 in such districts unless and until the Director of the Department of Planning,
18 by Class C special permit, shall have approved final plans and reports for the
19 development as a whole or stages or portions thereof deemed satisfactory in
20 relation to total development. Where approvals by other governmental
21 agencies or officers are required, the director of the Department of Planning
22 shall be responsible for coordinating such approvals. The form and content of
Aft
23 such final plans and reports shall be as prescribed in zoning, subdivision, or
5-15
I other regulations generally or for particular lib districts, and in the rules of
2 the Department of Planning.
3 The final plan shall be in substantial accord with the preliminary
4 development concept plan as approved.
5 Approval of final plans and reports shall be based on regulations --
6 applying at the time the land was zoned to PD status, including specific
7 modifications made by the City Commission in the amending action. Upon
8 approval of final plans and reports, building permits shall be issued in the
9 same manner as for building permits generally, provided that any require-
10 ments concerning the order or location in which building permits are to be
I I issued in the particular PD district shall be observed. Except as provided .�
12 below, approved final plans and reports shall be binding on the applicants and -
13 any successors in interest so long as the PD zoning applies to the land.
515.2. Changes in Final Plans and Reports.
14 Changes in approved final plans and reports may be permitted by the
15 director of the Department of Planning on application by original applicants
16 or successors in interest, but only upon a finding that such approval meets the
17 some requirements m for approval of the original approved final plans and
18 reports; provided, however, that the applicant may elect to proceed in accord
19 with the regulations for the same classification of PD district currently in
20 effect at the time the change is requested. Other changes shall be permitted
21 only by new PD amendment or other amendments to the ordinance, and in
22 the manner set out for amendments for planned development and this Zoning
23 Ordinance.
.r,•rrMr t�tarar�rr_73 �i'>•*,f33 i�•Ti i_'(3:�e7 aY�►�I i:r�
24 Where time limits are set for beginning or completion of development
5-16
or stages of development, or where other requirements are established in
2
connection with a PD amendment, and where such time limits or other re-
3
quirements are not met, the director of the Department of Planning shall
4
promptly call the matter to the attention of the Zoning Board with a full
5
written account of the circumstances, and the findings and recommendations
6
of the Department, The Board shall then review the case, as an item of a
7
previously prepared and announced agenda, and make recommendation to the
8
City Commission:
9
(1) That PD zoning for the entire district be continued with revised
10
time fit -nits; or
11
(2) That PD zoning be continued for part of the district, with or
12
without revised time limits, that appropriate steps be taken to correct any
13
deficiencies in area, open space, or other requirements in designated portions
14
of the district which have not been developed, and that remaining portions of
15
the district be rezoned to an appropriate category; or
16
(3) That the entire district be rezoned from PD to an appropriate
17
category; or
18
(4) That such other steps be taken as seem equitable in the circum-
19
stances of the case, and will appropriately protect the public interest.
20
Such recommendations shall include proposals for appropriate action
21
concerning any legal instruments in the case.
L:J
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L]
11
ARTICLE 6. PD-Hs PLANNED DEVELOPMENT -HOUSING DISTRICTS
600. Application of Regulations; PD-H Districts Defined; Intent
601, PD-H Districts-. Where Permitted, Intent Concerning Timing
602-604. Reserved
605. Principal and Accessory Uses and Structures Permitted Generally
605.1. Principal Uses and Structures Permitted Generally
605.2. Accessory Uses and Structures Permitted Generally
606. Uses and Structures Permissible in Large PD-H Districts
606.1. Planned Shopping Centers
606.2. Convenience Establishments
606.2.1. Minimum Number of Dwelling Units Required to Support
Convenience Establishments as Principal Uses in PD-H
District
606.2.2. Location, Grouping
606.2.3, Control of Potential Adverse Effects
606.2.4. Maximum Size of Establishments
606.2.5. Lot Coverage Limitations
606.2.6. Yards, Landscaping
606.2.7. Building Spacing
606.2.8. Offstreet Parking, Loading
606.2.9. Limitations on Signs
606.2.10. Lighting
606.2.11. Conduct of Operations
606.2.12. Hours of Operation
607-609. Reserved
610. Land Use Intensity Ratings and Related Requirements
611. Reserved
612. Site Planning, External Relationships
612.1. Principal Vehicular Access Points; Mass Transportation
612.2. Access for Pedestrians and Cyclists
612.3. Protection of Visibility --Automotive Traffic, Cyclists, and Pede-
strians
612.4. Uses Adjacent to RS Districts
612.5. Yards, Fences, Walls, or Vegetative Screening at Edges of PD-H
Districts
612.6. Height Limitations at Edges of PD-H Districts
612.7. Signs Visible from Outside PD-H Districts
613. Site Planning, Internal Relationships
613.1. Streets, Drives, Parking, and Services Areas
613.2. Vehicular Access to Streets
613.2.1. Streets or Portions of Streets Serving Fifty (50) or Fewer
Dwelling Units or One Hundred (100) or Fewer Lodging Units
613.2.2. Vehicular Access to Other Streets or Portions of Streets
613.3. Ways for Pedestrians and Cyclists; Use by Emergency or Service
Vehicles
613.4. Protection of Visibility --Automotive Traffic, Cyclists, and Pede-
strians
613.5. Open Space and Spacing of Buildings or Portions of Buildings
Containing Dwelling or Lodging Units
ARTICLE 6.
SECTION 600.
E'D=H: F'L-AhJNED DEVELO(�M�N�` � HOUSING D1�-
L ,.
n
Z
I The following regulations and requirements apply to PD-H, Planned
2 Development -Housing districts, defined for the purposes of these regulations
3 as planned development districts primarily for dwellings and related uses and
4 facilities. It is the intent of this Article that planned residential development
5 and redevelopment be encouraged and that the provisions of this Article be
6 utilized as an aid in providing housing of a variety of types and densities for
7 persons at all income levels.
SECTION 601. PD-H DISTRICTS: WHERE PERMITTED INTENT CON-
K .
8 PD-H districts may hereafter be established in accordance with the
is 9 general procedures and requirements set out in Article 5, within any zoning
10 district in which residential uses are permitted. Intensity of development in
I I PD-H districts shall be governed by the land use intensity sector map and the
12 Miami Comprehensive Neighborhood Plan.
13 As to timing of development of particular PD-H districts, it is intended
14 that in addition to other policies and limitations set out in this Ordinance and
15 the Miami Comprehensive Neighborhood Plan, consideration shall be given to
16 (a) general housing needs in the City as a whole, (b) housing needs in the land
17 use intensity sector in which the development is proposed, and (c) the need
18 for particular types of housing. In such consideration, due weight shall be
19 given to availability of existing housing supply for which there is evident need
20 in view of age and economic characteristics of the population, and to the
21 amount and types of potential new housing under building permits issued and
22 plans for development.
6-1
SEE:l2N5.602t6d4. LESEEWID4
SECTION_605. PRI,WCIPAL__AND ACCESSORY
i
605.1. PrihSipal Uses and Structures. permitted Generall
I The following uses and structures shall be permitted generally:
2 (a) Dwellings, one family, two-family, and multi -family; detached,
3 semi-detached, and attached; residence hotels, apartment hotels, and other
4 facilities containing lodgings other than for transients, except as permitted as
5 accessory uses.
6 (b) Schools.
7 (c) Places of worship.
8 (d) Noncommercial social, recreational, and cultural facilities such as
9 neighborhood or community centers, game rooms, libraries, golf courses,
10 swimming pools, marinas, tennis courts, and the like.
I I (e) As necessary for the operation and maintenance of the planned
12 development, and as otherwise permitted under these or general regulations
13 and subject to the requirements thereof, structures and uses required for the —
14 operation of a public utility, performance of a governmental function, or =
15 performance of any function necessary for a planned development.
605.2. Accessory Uses and Structures Permitted Generally.
16 Accessory uses and structures permitted generally are those uses and
17 structures that are customarily accessory and clearly incidental to permitted
18 principal uses and structures, provided that at time of rezoning to PD-H in a
19 multi -family building or closely related complex of multi -family buildings
20
having a total of at least one hundred (100) dwelling units, establishments
21 may be permitted for sale of convenience goods, eating and drinking
22 establishments, and professional and personal service establishments, pro-
6-2
6d: u s' +,� ° �t-u n
I vided that floor area occupied by all such establishments shall not exceed an
2 amount equal to ten (10) percent of the residential floor area of such a multi-
3 family building (or complex); and further provided that, except where such
4 establishments adjoin and are oriented toward shopping centers permitted
5 under Section 606.1 they shall be designed and scaled to meet only the
6 requirements of occupants and their guests, and there shall be no evidence by
7 signs or otherwise of the existence of such establishments from public ways.
SECTION 606. USES AND STRUCTURES PERMISSIBLE 1N LA
8 In addition to the principal and accessory uses and structures permitted
9 above, facilities planned for development as part of the district, internally
10 oriented, and serving needs not otherwise served in the general area, may be
I I permitted by the City Commission as part of PD-H amendments for districts
12 having sufficient population to support such facilities, as follows:
13 (a) Such facilities shall include only service, commercial, and office
14 uses intended primarily to serve the needs of occupants of the district; and
15 (b) Design and location of the facilities shall be such as to protect the
16 character of the district and surrounding residential districts; and
17 (c) Such facilities, with their related offstreet parking and other open
18 space, shall not occupy in total more than ten (10) percent of the gross land
19 area of the district, and gross floor area, open space and offstreet parking
20 requirements shall be as established for service, commercial, or office uses in
21 the LUI sector involved.
22 Except as provided under Section 605.2 above, such service, commer-
23 cial, or office uses shall be permitted only subject to the following limitations
24 and requirements and only in planned shopping centers or convenience
Ah 25 establishments, as provided below.
6-3
606.1. planned Shopp t � Centar .
I planned shopping centers, when included as part of a PO-H district
2 application, shall meet the foildwing requirements :
3 Orientation of buildings shall be away from residential development
4 within or adjacent to the district. Layout of parking and service areas;
5 access, landscaping, yards, courts, walls, signs, and lighting; and control of
6 noise and other potentially adverse influences shall be such as to promote
7 protection of residential development.
8 When appropriate to general design of the PD-H district and timing of
9 operations of the uses involved, accessways and parking areas may be so
10 located as to serve tither uses in the PD-H district or adjoining districts if
I I such multiple use will not lead to an overload on such parking facilities or to
12 congestion or hazards to pedestrian or vehicular traffic.
13 No such shopping center shall be permitted in a PD-H district that is to
14 contain less than five hundred (500) dwelling units. At the time of the •
15 amendment establishing the district, the City Commission may establish
16 limitations as to staging of the development of the center, including require-
17 ments as to the number of dwelling units to be completed or under building
18 permits prior to issuance of building permits for construction of the center.
606.2. Convenience Establishments.
19 Other than in planned shopping centers or as accessory uses under the
20 terms of Section 605.2, convenience establishments in PD-H districts are
21 permissible only as follows:
606.2.1. Minimum Number of Dwellin Units Required to SuRp2rt Conven-
ience Establishments as Princi291 Uses in -District.
22 No such convenience establishments shall be permitted as principal uses
23 in any PD-H district which is to contain less than two hundred (200) dwelling •
6-4
I units, At time of the amendment establishing the district the City
2 Commission may establish limitations as to uses and staging of development
3 of convenience establishments, including requirements as to the number of
4 dwelling units to be under building permits or completed prior to issuance of
5 building permits for convenience establishments,
606.2.2. Location) Grouping.
6 Such establishments shall be located only in portions of PD-H districts
7 not served by similar facilities within one quarter 04) mile by normal
8 pedestrian routes, and in portions having dwelling unit densities of at least six
9 (6) per gross acre, so located as to provide substantial trade. Where more
10 than one type of convenience establishment is proposed, establishments shall
I I be grouped, arranged, and designed for maximum pedestrian convenience, and
12 vehicular access and parking areas shall be combined where such combination
13 will result in substantial improvement in public convenience and vehicular —
14 circulation.
606.2.3. Control of Potential Adverse Effects.
15 Such establishments shall not create substantial adverse effects on
16 residential uses within the district or in adjoining districts by reason of their
17 location, design, construction, manner or timing of operation, signs, lighting,
18 parking or access arrangements, or other characteristics. There shall be no
19 evidence of the nonresidential character of such establishments visible from
20 the first story primary residential windows outside the PD-H district.
606.2.4. Maximum Size of Establishments.
21 In the PD-H environment, it is the intent of these regulations that no
22
such establishment or
group of establishments
shall be of
such size or
23
character as to create
the impression of general
commercial
development.
6-5
I Therefore, in addition to other limitations designed to achieve these ends, no
2 individual convenience establishment established under the provisions of this
3 section shall have a gross floor area in excess of five thousand (5)000) square
4 feet, and no combination of establishments in any one location shall have a
5 total gross floor area of more than ten thousand (l%000) square feet.
606.2.5. Lot Coverage Limitations.
Ire .....i ..
6 No minimum lot area or width requirements are set directly for con-
7 venience establishments in PD-H districts, but lot coverage by all buildings
8 shall not exceed forty percent (40%) of the net area of the specific building
9 site.
606.2.6. Yards, Landscaping.
10 Yards shall have at least the same minimum dimension as required for
II secondary walls of residential buildings of the some height and length,
12 provided that in no case shall a yard be less than ten (10) feet in minimum
13 dimension. Yards adjacent to streets shall be landscaped, and the landscaping
14 maintained, for a minimum depth of at least ten (10) feet from the street
15 property line, except for driveways not exceeding the width reasonably neces-
16 sary to provide access to parking areas and walkways.
17 Parking and service areas shall be screened frorn view from first -floor
18 windows on directly adjacent residential lots or building sites by appropriate
19 structural or vegetative screening, which shall be maintained in a functional
20 and sightly condition.
606.2.7. Building Spacing.
21 Where space is left between buildings in a convenience establishment -
22 complex, such space shall not be less than that required by the building and
23 fire codes of the City.
M.
606.2.8. Offs_tretarltina, Lagdina.
I Offstreet parking shall be provided at a minimum ratio of one space for
2 each four hundred (400) square feet of gross floor area in convenience
3 establishments. Where there is more than one establishment in a complex,
4 parking may be grouped, but the total number of spaces required shall not be
5 diminished. Where appropriate in terms of the relation of uses to each other
6 and the timing of their operations, accessways and parking areas may be so
7 located as to serve other uses in the district) if such multiple use will not lead
8 to an overload on the parking facilities or to congestion or hazards to
9 pedestrian or vehicular traffic. There shall be no onstreet loading in -
10 connection with any such convenience establishment.
606.2.9. Limitations on SiEs
II Signs for purposes of identification only shall be limited to one, not
.qv 12 exceeding ten (10) square feet in surface area, mounted flat against the wall
13 of the principal building, for each face of the building exposed to a street.
14 Where more than one such establishment is located in the some building or on
15 the some premises, signs as above shall be permitted for each. No such sign
16 shall extend above or more than six (6) inches beyond the wall of the building.
606.2.10. Li htin .
17 During hours of darkness when convenience establishments are in opera-
18 tion, parking areas and pedestrian ways on the premises shall be lighted to an
19 intensity of at least 0.6 foot candle. No such lighting shall be directed in a
20 manner which illuminates adjoining residential buildings, and no source of
21 incandescent, mercury vapor, or similar illumination for the premises shall be
22 directly visible from any residential building or from any street. No neon
23 lights inside or outside structures shall be visible from any residential
24 building, or any street.
rI9FA
606.2.1 I. Cohduct of Ooeratiortis.
I All sales, serviced or displays in connectidn with convenience establish-
2 ments in this district shall be within completely enclosed buildings, and there —
3 shall be no unenclosed storage on the premises. No public address systems or
4 other devices for making announcements or playing music shall have speakers
5 mounted outside of such buildings, or be audible beyond any line of the lot or
6 building site on which the building is located.
606.2.12. Hours of Operation.
7 No such convenience establishment shall be open for business except
8 between the hours of 7 a.m, and I I p,m,
SECTIONS 607-609. RESERVED.
SECTION 610. LAND USE INTENSITY RATINGS AND RELATED RE-
QUIREMENT7.
9 The following requirements and limitations apply to dwelling and
10 lodging uses within PD-H districts hereafter created in land use intensity
I I sectors indicated on the Land Use Intensity Sector Map established under the
12 provisions of Section 300.1. Application of these requirements and
13 limitations, and definitions and rules of interpretation of the terms involved,
14 appear at Sections 2010-2013.
The following standard ratios and rt,inimup gross area requirements shall apply to
residential uses in planned developments, depending on the land use intensity sector -_
in which the prospective development is to be located.,
Land Use Intensity_,
Sector.
1
2 3 3,3
4
5 6
7
8
Minimum ,gross., land
area .required- to
form district
q. t.
100,000
100,000 50,000 50,000 50,000
50,000 50,000
500000
50,000
Land Use Intensity
atin
41
46 49 52
55
61 68
73
78
tandard Ratios
'Residential Floor
Area (FAR)
.22
.31 .38 .46
.57
.86 1.39
1.97
2.79
Open Space Ratio
(OSR)
.76
.73 .72 .72
.71
.68 .68
.70
.81
Livability Space
Ratio (LSR)
.51
.46 .45 .42
.40
.40 .42
.47
.56
Recreation Space
Ratio (RSR)
.04
.05 .05 .06
.06
.08 .10
.12
.15
Total Car Ratio
(TCR)
1.6
1.5 1.5 1.4
1.3
'.2 1.1
1.0
.80
Gross land area x
FAR=
Maximum residential
floor area
permitted.
Gross land area x
OSR=
Minimum open space
required.
Gross land area x
LSR=
Minimum livability space required.
Gross land area x
RSR=
Minimum recreation
space required.
No. dwelling units
x TCR-
Total parking spaces
required (occupants and
visitors).
(Where lodging units
are involved, one dwelling unit shall be
considered to
equal
two (2) lodging units).
SECTION 611. RESERVED.
SECTION 612. SITE PLANNING, EXTERNAL RELATIONSHIPS.
i Site planning within PD-H districts shall provide protection of the
2 development from potentially adverse surrounding influences, and protection
3 of surrounding areas from potentially adverse influences within the develop-
4 ment. In particular:
M
6I 2.I. I rInci al Vehicular Access i�aintm Mass 1`rans rtatir n.
I Principol vehicular access poirits to and from the PD-H shall be de-
2 signed to encourage smooth traffic flow with controlled turning movements
3 and minimum hazards to vehicular or pedestrian traffic. Merging and turnout
4 lanes and/or traffic dividers shall be required where existing or anticipated
5 heavy flows indicate need. Minor streets shall not be directly connected with
6 streets outside the district in such a way as to encourage use of such minor
7 streets by substantial amounts of through traffic.
8 Where PD-H districts are so proposed to be located as to relate rea-
9 sonably to utilization of mass transportation facilities, the PD-H district shall
10 oe so planned as to afford PD-H residents convenient and safe access to such
II facilities.
612.2. Access for Pedestrians and Cyclists.
12 Access for pedestrians and cyclists entering or leaving the district shall
13 be by safe and convenient routes. Such access need not be adjacent to, or
14 limited to the vicinity of, access points for automotive vehicles. Where there
15 are crossings of pedestrian ways and vehicular routes at edges of planned
16' developments, such crossings shall be safely located, marked, and controlled;
17 and where such ways are exposed to substantial automotive traffic at edges
18 of districts, safeguards including fencing may be required to prevent crossings
19 except at designated points. Bicycle and/or bridle paths, if provided, shall be
20 so related to the pedestrian system that street crossings are combined.
612.3. Protection of Visibility --Automotive Traffic, Cyclists, and Pedes-
trians.
21 Protection of visibility for automotive traffic, cyclists, and pedestrians
22 shall be as generally provided at Section 2008.9, Vision Clearance at Inter-
23 sections. In addition, where there is pedestrian, bicycle, or equestrian access
6-10 -•
14
I from within the development to a street at its edges by paths or across yards
2 or other open space without a barrier to access to the street, net material
3 impediment to visibility, as defined therein, shall be created at maintained
4 within areas appropriate to the circumstances of the case, but in any event
5 within a visibility triangle equivalent to that required in Section 2008.9,
612.4. Uses Adjacent ,to RS Districts.
6 Where a PD-H district adjoins an IRS district without intervening per-
7 manent open space at least sixty (60) feet in width serving as a separation
8 between buildable areas, a twenty (20) foot yard shall be provided within the
9 PD-H district, and no intensive recreational use or offstreet parking shall be
10 permitted within twenty (20) feet of the district boundary in such cases.
612.5. Yards, Fences, Wails, or Vegetative Screening at Edges of PD—H
Districts.
I I Yards, fences, walls, or vegetative screening shall be provided and
12 maintained at edges of PD-H districts where needed to protect residents from
13 undesirable views, lighting, noise, or other offsite influences, or to protect
14 residential occupants of other districts similar adverse influences from within
15 the PD-H district. In particular, such screening may be required for
16 extensive offstreet parking areas, service areas for loading and unloading
17 other than passenger vehicles, areas for other vehicular uses, areas for
18 storage and collection of refuse and garbage, and areas for intensive
19 recreational use.
612.6. Height Limitations at Edges of PD-H Districts.
20 Except along boundaries where adjoining districts permit the same or
21 greater heights within similar areas, no portion of any building in such district
22 shall project through imaginary planes leaning inward from district boundaries
23 at angles as follows:
6-II
Increase. in Heic„M. fdr
Enc i otst. ,l orizontal
stancefew from istrict
LUI .5ectoC De reds B2phoary eet
14 22.5 .5
5=6 45 1.0
7-8 60 1.13
61 M. Signs Visible from Outside PD-H Districts.
I No signs visible from outside PD-H districts shall be erected within such
2 districts other than not to exceed two signs identifying the development, with
3 total combined maximum surface area not to exceed fifty (50) square feet, at
4 each principal entrance. In addition, during the process of construction and
S initial sale or rental within such development, temporary announcement signs
6 may be allowed by Class A special permit only, for periods not exceeding one
7 year, and renewable for one-year terms for not to exceed two (2) additional
8 years.
9 Such temporary signs shall not exceed two (2) with combined maximum
10 surface area not exceeding forty (40) square feet for each principal entrance.
I I Such signs shall be located at least ten (10) feet from any property line, and
12 oriented for minimum adverse effects on adjoining or facing residential
13 property. Location shall be further governed by requirements for vision
14 clearance at intersections as set out at Section 2008.9.
SECTION 613. SITE PLANNING, INTERNAL RELATIONSHIPS.
15 The site plan shall provide for safe, efficient, convenient, and har-
16 monious groupings of structures, uses, and facilities; for appropriate relation
17 of space inside and outside buildings to intended uses and structural features;
18 and for preservation of desirable natural or historic features and minimum
19 disturbance of natural topography. In particular:
613.1. Streets, Drives, Parking, and Service Areas.
EJ
I Streets, drives, and parking and service areas shall provide safe and
2 convenient access to dwelling units and general facilities, and for service and
3 emergency vehicles. Streets shall not be so laid out as to encourage outside
4 traffic to traverse the development on minor streets, nor occupy more land
5 than is required to provide access as indicated, nor create unnecessary
6 fragmentation of the development into small blocks. In general, block size
7 shall be the maximum consistent with use and shape of the site and the
8 convenience and safety of occupants.
613.2. Vehicular Access to Streets.
9 Vehicular access to streets shall be limited and controlled as follows:
613.2.1. Streets or Portions of Streets Serving Fifty (50) or Fewer Dwellin
Units or One Hundredi1_0or Fewer Lod9in2 Units.
10 If the street or portion thereof serves fifty (50) or fewer dwellings or
I I one hundred (100) or fewer lodging units, vehicular access from offstreet
12 parking and service areas may be directly to the street from the sites of
13 individual dwelling or lodging units. Determination of number of units served
14 shall be based on normal routes of traffic anticipated in the development.
613.2.2. Vehicular Access to Other Streets or Portions of Streets.
15 Vehicular access to other streets or portions of streets from offstreet
16 parking and service areas shall be so combined, limited, located, designed,
17 and controlled as to channel traffic from and to such areas conveniently,
18 safely, and in a manner that minimizes marginal traffic friction and promotes
19 free flow of traffic on streets without excessive interruption.
613.3. Was for Pedestrians and Cyclists; Use bX Emergency or Service
Vehicles.
20 Walkways shall form a logical, safe, and convenient system for pedes-
21 trian access to all dwelling units, appropriate project facilities, and principal
6-13
in
i
I offsite pedestrian destinations. Maximum walking distance in the open
2 between dwelling units and parking areas) delivery areas) and refuse and
3 garbage storage areas generally shall not exceed two hundred fifty (250) feet,
4 but in housing projects for the elderly shall be limited to one hundred fifty
5 (150) feet. Guest parking may be not more than three hundred (300) feet
6 from dwelling units.
7 Walkways to be used by substantial numbers of children to play areas or
8 as routes to school or other destinations shall be so located and safeguarded
9 as to minimize contacts with normal automotive traffic. If substantial
10 bicycle traffic is anticipated, bicycle paths shall be coordinated with the
I I walkway system. Street crossings shall be held to a minimum on walkways,
12 bicycle paths, and/or bridle trails and shall be located and designed to
13 promote safety and be appropriately marked and otherwise safeguarded.
14 Pedestrian ways and bicycle paths, appropriately located, designed, and
15 constructed, may be combined with other easements and used by emergency
16 and service vehicles, but shall not be used by other automotive traffic,
17 including mopeds, motor bikes, and motorcycles.
613.4. Protection of Visibility --Automotive Traffic. Cyclists, and Pedes-
trians.
18 Protection of visibility for automotive traffic, cyclists, and pedestrians
19 shall be as provided at Section 612.3.
613.5. Open S ace and Seacing of Buildin or Portions of Buildings
ontainin4 Dwellina or Lodoinq Units.
20 Definitions, rules for interpretation, and requirements and limitations
21 concerning open space and spacing of buildings or portions of buildings con-
22 taining dwelling or lodging units shall be as provided at Section 2013, Open
23 Space and Building Spacing in RG and PD-H Districts and Other Districts in
24 Which Similar Attached and Multifamily Uses Are Permitted.
6-14
ARTICLE 7, RESERVED.
ARTICLE 8. RESERVED.
6-15
ARTICLE 9. PD-HC-. PLANNED DEVELOPMENT —HIGHWAY COM-
MERCIAL DISTRICTS
900,
Application of Regulations; PD-HC Districts Defined
901.
PD-HC Districts; Where Permitted- Intent
9 now_
902,
Permitted Principal and Accessory Uses and Structures
903.
Land Use Intensity Ratings and Related Requirements
904.
Underground Electrical and -telephone Utilities
905.
Sign Limitations
906.
Site Planning- External Relationships
906.1.
Orientation of Permitted Uses and Structures
906,2.
Vehicular and Pedestrian Access
906.3.
External Yards
907.
Site Planning --Internal Relationships
Ci
ff",
ARTICLE 9
SECTION 900. APPLICATION OF REGULATIONS; PD-HC DISTRICTS DE -
I The following regulations and restrictions apply to PD-HC Planned
2 Development -- Highway Commercial districts, defined for the purposes of
3 these regulations as planned development for establishment of complemen-
4 tary groupings of highway -related commercial and service activities .
SECTION 901. PD-HC DISTRICTS; WHERE PERMITTED; INTENT.
5 PD-HC districts may hereafter be established in accordance with the
6 general procedures and requirements set forth in Article 5 of this zoning
7 ordinance. It is the intent of these regulations to provide for the
8 development of such districts at locations appropriate in terms of adopted
9 land use and transportation plans of the City, and in accord with standards set
10 forth herein. It is further intended the PD-HC districts shall:
I 1 1. Encourage concentration of complementary uses grouped adjacent
12 to streets serving lorge traffic volumes, providing well planned development
13 on sites with adequate frontage and depth to permit controlled access to
14 streets, and reduce marginal traffic friction;
15 2. Serve as an alternate to further extensions of general commercial
16 zoning allowing disorderly strip commercial development; and
17 3. Protect stability and property values in surrounding residential
18 neighborhoods.
SECTION 902. PERMITTED PRINCIPAL AND ACCESSORY USES AND
STRUCTU
19 The following principal and accessory uses and structures may be
20 permitted in PD-HC districts, subject to the limitations and requirements set
21 out, only where they form complementary and compatible groupings contri-
a
I buting to the efficiency and convenience of the particular district, and only
2 where, by their location or design, they are appropriate in their general
3 surroundings. In general, retail, wholesale, personal and business services,
4 professional and general offices, distribution and warehousing activities, and
5 recreational uses may be permitted in such districts, if appropriately
6 combined as indicated above, where they serve the needs of those passing on
7 highways or the general public,
8 Applications for amendments to PD-HC zoning status may be denied if
9 the proposed district does not contain complementary and compatible
10 facilities, or if a particular group of uses, in themselves complementary and
I I compatible, would be inappropriate in the location proposed because of the
12 surrounding development, the Miami Comprehensive Neighborhood Plan,
13 and/or zoning. --
14 The following groupings of uses are considered complementary and
15 compatible, but in some groupings, certain uses which would not be permitted
16 as dominant may be allowable in support of the major function. Thus in the
17 automotive sales and services category, a small restaurant or lunchroom for
18 employees and visitors would be appropriate as supporting the major activity,
19 but a large restaurant, attracting customers who would not otherwise be
20 coming to the district, would be out of place. In determinations concerning
21 proposed PD-HC rezonings, consideration will be given to such balance
22 between principal and supporting uses.
23 Uses which are customarily accessory and clearly incidental to
24 permitted primary uses will be allowed in all PD-HC districts, subject to the
25 same considerations as to whether they are complementary, compatible, and
26 at appropriate scale as apply in relation to principal uses in a particular PD-
27 HC district.
28 I. Tourist services --adjacent to major tourist routes only
29 Motels, Hotels
i ',
Eating and drinking establishments, including drive-in
Recreational vehicle parks
Groceries with convenience goods
Laundromats
Automotive service stations, including those with emergency highway
services and those with minor repair facilities, but not repair
garages
Tourist recreation facilities
2. Office parks
Professional and general offices
Appropriate supporting facilities, depending on the character of the
office park, including laboratories, pharmacies, computer centers,
centralized facilities for reproduction and mailing of printed
matter, office supply and equipment establishments, and the like.
Supporting eating and drinking establishments.
3. Home and garden centers
Furniture stores
Hardware stores, including those with equipment rental
Home appliance stores
Building materials (enclosed operations)
Paint and wallpaper; floor covering
Antiques, gifts
Furniture repair and refinishing; upholstery
Garden supply stores
Nurseries; greenhouses; florist shops
Appropriate supporting facilities, including eating and drinking estab-
lishments (other than drive-in), branch banks, and the like.
4. Automotive sales and services (auto sales parks)
New car dealerships and service departments, with associated used car
sales
Used car dealerships
Auto parts; accessories
Automobile, truck and trailer rentals
Recreational vehicles, boats and trailers, mobile home sales and service
Service stations; repair garages
Appropriate supporting facilities, including eating and drinking estab-
lishments, other than drive-in, branch banks, and the like. —
S. Distribution centers (may involve rail as well as highway access)
Truck terminals; freight terminals
Warehousing, wholesaling
Service stations, repair garages
Supporting restaurant and motel facilities.
6. ShoRpin9 centers to serve areas not already conveniently and adequately
provided -with commercial and service facilities of the type proposed
and in scale with surrounding market areas.
9-3
SE,CTfON_903. LAND USE iNTEN5ITY RA1`INGS AND vRELA,TEb,_.RE-
I The following requirements and limitations apply to uses in PD-HC
2 districts hereafter created in land use intensity sectors indicated on the Land
3 Use Intensity Sector Map established under the provisions of Section 300.1.
STANDARD RATIOS BY LAND USE INTENSITY SECTORS
cts
Minimum gross land area required to form district: 50,000 sq. ft.
Land Use Intensity_ Sector
2 3 4 5 6 7 8
Land Use Intensity Rating 46 49 55 61 67 73 78
Standard Ratios
oor Area Ratia (FAR)
.31
.38
.57
.86
1.30
1.97
2.79
Open Space Ratio (OSR)
.73
.72
.69
.67
.65
.63
.61
Pedestrian Open Space Ratio (POSR)
.36
.35
.34
.32
.30
.28
.25
Parking Ratio (I/ sq.ft. gross
floor area (POT
400
400
450
500
600
700
800
Application of regulations shall be as indicated in footnotes to Table 3, Official Schedule of
District Regulations. Height envelopes applying shall be as indicated in Table 4, Official
Schedule of District Regulations.
SECTION 904. UNDERGROUND ELECTRICAL AND TELEPHONE UTILI-
S.
4 Electrical and telephone service lines shall be underground in any PD-
5 HC.
SECTION 905. SIGN LIMITATIONS.
6 No signs intended to be read from outside the district shall be permitted
7 except:
8 I. One sign structure, not exceeding thirty five (35) feet in height,
9 and having not more than two (2) sign surface areas, each of which shall be
10 limited to thirty (30) square feet per surface for each acre of land within the
I I property lines (net land area) in the district, may be erected to identify the
FMl
1
aECI-12,N,-10 LA,N0,,.USE lNTENSl.T.Y RATINGS, AND .RE,LAIED_RE-
!aQUIRUMENTS,
J
I -the following requirements and limitdtionS apply to Uses in PD-HC
2 districts hereafter created in land use 'Intensity sectors indicated on the Land
I
3 Use Intensity Sector Map established under the provisions of Section 300.1.
STANi.iIDARD RATIQ�B,Y.LAND USE INTENSITY �E�TQRSiiu-ii'ru.. iris
Applying to uses permitted in PD,-HC districts
Minimum gross land .,area .r!aqui't,pAtofort-n district-. 50)000 sq. ft.
Land Use Intensity Sector
2 3 4 5 6 7
8
Land Use Intensity Rating 46 49 55 61 68 73
78
•
Standard Ratios
Floor Area Rat a (FAR) .31 .38 .57 .86 1.39 1.97
2.79
Open Space Ratio (OSR) .73 .72 .69 .67 .64 .63
.61
Pedestrian Open Space Ratio (POSR) .36 .35 .34 .32 .29 .28
.25
Parking Ratio (I/ sq.ft. gross
floor area (PST 400 400 450 500 600 700
800
Application of regulations shall be as indicated in footnotes to Table 3, Official Schedule
of
District Regulations. Height envelopes applying shall be as indicated in Table 4,
Official
Schedule of District Regulations.
SECTION 904. UNDERGROUND ELECTRICAL AND TELEPHONE UTILI-
TIES.
4 Electrical and telephone service lines shall be underground in any PD-
5 HC.
SECTION 905. SIGN LIMITATIONS.
6 No signs intended to be read from outside the district shall be permitted
7 except:
8 I. One sign structure, not exceeding thirty five (35) feet in height,
9 and having not more than two (2) sign surface areas, each of which shall be
10 limited to thirty (30) square feet per surface for each acre of land within the
11 property lines (net land area) in the district, may be erected to identify the
9-5
l streets, or dividers shall be located in any part of any required landscaped
2 yard established as required in Section 906,3 below,
3 pedestrian access may be provided at any suitable locations within the
4 district, but shall where practicable be separated from vehicular ac es
5 points in order to reduce congestion, marginal friction, and hazards, except
6 where signalization is used in such a manner as to control pedestrian and
7 vehicular movements safely.
906.3. External Yards.
8 External yards with a minimum width of twenty five (25) feet shall be
9 provided along all property lines at edges of PD-HC districts except where
10 such districts adjoin other commercial or industrial districts. Landscaping
I I and use of such yards, except where traversed by permitted vehicular or
12 pedestrian access ways, shall be as provided below:
13 1. Along collector or major streets or frontage streets, except in
14 areas described at (2) below, the nearest ten (10) feet to the right of way
15 shall be maintained in landscaping, which may include walkways, unless turn-
16 out or merging lanes are provided, in which case the nearest ten (10) feet to
17. the turn -out or merging lane shall be landsdcaped. The remainder of such
(8 external yards may be used for off-street parking.
19 2. Where side yards in residential districts adjoin the PD-HC district
20 without an intervening street, the portion of the lot adjoining the boundary
21 line within the PD-HC district shall be maintained in landscaping for a
22 distance equal to minimum front yard depth required in the adjoining
23 residential district, and no vehicular access or parking shall be permitted in
24 such landscaped area. Walkways shall be permitted in such area.
25 3. Where lots in residential districts face a PD-HC district across
26 minor streets, the nearest twenty (20) feet to the right of way within the PD-
27 HC district shall be maintained in landscaping and no off-street parking shall
M
I I be permitted in such area,
2 4► In all other yards, except where adjacent to commercial or
3 industrial districts, the nearest ten (10) feet to the district boundary shall be
4 maintained in landscaping) including walkways, except for permitted vehicu- a
5 lar accessways and no off-street parking shall be permitted in such area.
6 In general, landscaping shall not create hazards to automotive traffic o
7 pedestrians by reducing visibility at intersections within or adjoining the
8 district.
9 Fences, walls, or hedges of an appropriate character may be required
10 where deemed necessary for protection of adjacent property against the _
I I adverse effects of noise, lights, or undesirable views.
SECTION 907. SITE PLANNING --INTERNAL RELATIONSHIPS.
12 In general, the plan shall provide a unified and well -organized
13 arrangement of buildings, service areas, parking, pedestrian and landscaped
14 common areas for the maximum comfort and convenience of visitors and
15 occupants. Commercial buildings shall be so grouped in relation to parking
16 areas that after visitors arriving by automobile enter the walkway system,
17 establishments can be visited conveniently with a minimum of internal
18 automotive movements.
19 Facilities and access routes for shopping center deliveries, servicing,
20 and maintenance shall be so located and arranged as to prevent interference
21 with pedestrian traffic in the district. Automotive service stations, it
22 provided, shall be so located that operations do not interrupt pedestrian or
23 traffic flows in other parts of the center.
24 Loading zones where customers can pick up goods shall be so located
25 and arranged as to prevent interference with pedestrian movement within the
26 center.
9-7
ARTICLE 10, RESERVED.
ARTICLE 11, RESERVrbt
ARTICLE 12. PD-MUt PLANNED DEVELOPMENT --
MIXED USE DISTRICTS
1200. Application of Regulations; PD-MU Districts Defined
1201. PD-MU Districts, Where Permitted, Intent
1202. Permissible Principal And Accessory Uses And Structures
1202.1. Principal Uses and Structures
1202.2. Accessory Uses and Structures
1203, Land Use Intensity Ratings and Related Requirements
1203.1. Minimum Gross Land Area Required for Formation of PD-MU
Districts
1203.2. Land Use Intensity Ratings and Standard Ratios Applying to
Residential and Nonresidential Uses
1203.3. Minimum Requirements and Maximum Limitations on Residential
Floor Area
1204. Height Limitations
1205. Site Planning
1206. Sign Limitations
Ir
ARTICL;E;12.
SECTION M
I The following regulations and restrictions apply to PDT -MU.- Planned W
2 �
Development Mixed Use districts, defined for purposes of these regulations
3 as planned development for the establishment of complementary and
4 compatible combinations of residential with commercial and/or office uses
5 and supporting facilities.
SECTION 1201. PD-MU DISTRICTSiWHERE PERMITTED; INTENT,
6 PD-MU districts may hereafter be established in accordance with the
7 general procedures and requirements set forth at Article 5. It is the intent of
8 these regulations to provide for development of such districts at locations
9 appropriate in terms of the Miami Comprehensive Neighborhood Plan and
10 particularly the land use and transportation plans of the City, and in accord
I I with standards set forth herein.
12 It is further intended that PD-MU development shall be in complexes
13 within which substantial proportions of housing are provided in combination
14 with commercial, service, and/or office uses, and located to reduce general
15 traffic congestion by providing such housing close to employment opportu-
IS nities and such other uses in areas where needs are not otherwise adequately
17 served.
18 Within such districts, it is intended that uses shall be so arranged hori-
19 zontally or vertically:
20 (1) That residential occupancies shall be so separated from major
21 vehicular traffic flows and other disquieting influences as to protect privacy
22 and tranquility; and
23 (2) That residential occupancies be so arranged, located and safe-
12-1
I guarded as to provide security for residents; and
2 (3) That general commercial and service uses shall be concentrated
3 for maximum pedestrian convenience and located for easy accessibility by
4 residents of the district, workers within the district and visitors, and that
5 commercial activities shall be so located as to be uninterrupted by residential
6 or office uses.
7 Where such districts adjoin residential neighborhoods, it is intended that
8 arrangement of buildingsi uses, open space, and vehicular or pedestrian access
9 shall be such as to provide appropriate transition and reduce potentially
10 adverse effects.
SECTION 1202. PERMISSIBLE P
STR(JcT—u=.
IPAL AND ACCESSORY USES
I I The following principal and accessory uses and structures may be
12 permitted in PD-MU districts, subject to the limitations and requirements set
13 out, only where such uses form complementary and compatible groupings
14 contributing to the efficiency and convenience of the particular district and
15 its surrounding area and are appropriate to the general area by nature,
16 location, and design.
17 Applications for rezoning to PD-MU status may be denied if the —
18 proposed district does not contain facilities deemed complementary and
19 compatible, or if a particular use or combination of uses proposed would be
20 inappropriate in the location proposed because of the character of surround-
21 ing development, the Miami Comprehensive Neighborhood Plan, and/or
22 zoning.
1202.1. Principal Uses and Structures. -
I. Dwellings, one and two-family, detached, semi-detached, and attached;
multiple dwellings.
2. Hotels, apartment hotels, and residence hotels.
12-2
3.
Child care centers.
4.
Places of worship. -
5.
Private clubs and lodges) not for profit.
6.
Business colleges, secretarial schools, and the like.
7.
Offices, clinics (other than veterinary offices and clinics), laboratories,
studios, travel agencies, ticket agencies. t
8.
Banks, savings and loan associations, and similar financial institutions.
9.
Retail stores, except those dealing in second-hand merchandise other
than antiques.
10.
Service establishments, including photographic studios; barber and -
beauty shops; establishments for repair of shoes, home appliances,
clocks and watches, bicycles and the like; laundry and dry cleaning
agencies or establishments (including coin operated laundry and dry
cleaning facilities with capacity limited as for CR-1 districts).
11.
Eating and drinking establishments.
12.
Cultural and/or recreational facilities such as parks, beaches, neighbor-
hood centers, theaters, auditoriums, libraries, art galleries, museums,
bowling alleys, pool rooms, billiard parlors.
13.
Commercial marinas.
14. Parking lots; parking garages.
15. Structures and uses other than those listed above, required for
performance of governmental function, except uses involving extensive
storage or with storage as the primary purpose.
16. Structures and uses relating to operation of public utilities and requiring
location within the district to serve it or neighboring districts; railway
or other transit rights of way and tracks, but not yards, storage,
warehousing, switching, or shops. No such use shall involve extensive
storage or have storage as its primary purpose.
12-3
1202.2. A22essQrZ Uses and Structures.
1 Uses and structures which are customarily accessory and clearly inci-
2 dental to permitted uses and structures may be permitted, subject to
3 limitations and other lawful regulations applying thereto.
4 Any use permissible as a principal use may be permitted as an accessory
5 use, subject to limitations and requirements applying to the principal use.
6 In connection with residential uses, wet dockage or moorage of major
7 private pleasure craft shall not exceed two (2) per dwelling unit for the first
8 ten (10) dwelling units, plus one for each one (1) additional unit.
9 Temporary special events involving outdoor gatherings, to the extent
10 not otherwise licensed, regulated or controlled under other regulations of the
I I City, shall be permissible only by Class E3 special permit. Not more than one
12 such outdoor gathering per year shall be permitted in connection with
13 openings or special promotions of any individual establishment, or for any
14 group of establishments on the same premises.
SECTION 1203. LAND USE INTENSITY RATINGS AND RELATED
RE= U R
15 The following requirements and limitations relating to land use intensity
16 ratings apply to PD-MU districts:
1203.1. Minimum Gross Land Area Reauired for Formation of PD-MU
Districts.
17 Minimum gross land area required for formation of a PD-MU district
18 shall be one hundred thousand (100,000) square feet in LUI sectors 2 and 3,
19 and f ifty thousand (50,000) square feet in LUI sectors 4-8.
1203.2. Land Use IntensitZ Ratings and Standard Ratios AP21yinS to
esidential and Nonresidential Uses.
20
Land
use intensity ratings and standard
ratios applying to residential
21
uses shall
be as provided for residential uses
in planned developments at
12-4
0
I Section 610, Similar ratings and ratios applying to nonresidential uses shall
2 be as provided at Section 903 in relation to PD-HC districts.
3 Where residential and office uses are combined on the same premises as
4 provided at Section 2017.7, combined parking requirements may be reduced as
5 provided therein.
1203.3. Minimum Requirements and Maximum Limitations on Residential
6 In PD-MU districts, residential floor area shall constitute not less than
7 twenty five (25) percent nor more than seventy five (75) percent of the total
8 floor area constructed.
SECTION 1204. HEIGHT LIMITATIONS.
9 Within PD-MU districts, height shall be limited as provided in Table 4,
10 appearing in the Schedule of District Regulations, except as provided in
I I connection with transitional requirements and limitations.
SECTION 1205. SITE PLANNING.
12 Site planning and related requirements and limitations applying to
13 residential uses in PD-MU districts shall be as provided for residential uses in
14 PD-H: Planned Development -- Housing districts, at Section 612.1 through
15 612.6 and Section 613. For nonresidential uses in PD-MU districts, site
16 planning and related requirements and limitations shall be as provided in
17 relation to PD-HC: Planned Development -- Highway Commercial districts
18 at Section 906 and 907, except that where the nonresidential uses do not
19 adjoin boundaries of the PD-MU district or other commercial or industrial
20 districts, the requirements concerning transitional yards shall be as for PD-H
21 districts.
SECTION 1206. SIGN LIMITATIONS.
12-5
I
Limitations on signs shall be as for CR: Commercial -Residential
2
districts except as provided below:
3
i. Where signs in CR districts require special permits) approval for such
4
signs may be given in connection with rezoning actions establishing PD-
5
Fit
MU districts. Unless so approved) such signs, if proposed subsequent to
6
such rezoning, shall require the special Permits indicated.
7
2. In addition to signs permitted or permissible under CR regulations) one
8
sign structure) not exceeding thirty five (35) feet in height, and having
9
not more than two (2) sign surfaces, may be erected along each
10
principal street frontage from which there is a major entrance, to
11
identify the development as a whole. Such signs may indicate the
12
establishments, activities, and facilities within the development, but
13
shall not include other advertising. Each such sign surface may have a
14
minimum area of forty (40) square feet, plus one square foot for each
15
two and one half (2'h) feet by which the frontage involved exceeds one
16
hundred (100) feet, up to a maximum of one hundred (100) square feet
17 per surface.
ARTICLE 13. RESERVED.
ARTICLE 14. RESERVED.
12-6
Ift
n,
ARTICLE 15, SPI: SPECIAL PUBLIC INTEREST DISTRICTS
General Provisions
1500. Intent
1501. Reserved
1502, Effect of SPI District Designation
1503, Reserved
1504. Preparation of Recommendations for Specific SPI zoning; Contents of
Recommendations
1504.1. Statement of Intent
1504.2. Proposed District Boundaries
1504.3. Proposed Regulations
1504.4, Requirements Concerning Special Approvals
1504,5. Provisions for Variations from Regulations Applying Generally in
SPI Districts
1504.5.1. Authorized Variations
1504.5.2. Required Variations
1504.5.3. Recording Authorized or Required Variations
1504.5.4. Variation Not Variance
1505. Procedures for Adoption of SPI Amendments
1506-1509. Reserved
Provisions Relating to Specific SPI Districts
1510. SPI-1: Martin Luther King Boulevard Commercial District
1520. SPI-2: Coconut Grove Central Commercial District
1530. SPI-3: Coconut Grove Major Street Overlay District
1540. SP1-4: Brickell Area Major Streets Overlay District
1550. SPI-5: Brickell-Miami River Residential -Office District
1560. SPI-5: Central Commercial Residential District
1570. SPI-7, 7.1, 7.2: Brickell-Miami River Rapid Transit Commercial
Residential Districts
1580. SPI-8: Design Plaza Commercial Residential District
1590. SPI-9: Biscayne Boulevard North Overlay District
15100. SPI-10: Mercy Hospital Overlay District
June 1982
ARTICLE .15. Spl:. SI!ECIAL.PIJgLIC INTEREST OISTRICTS
Genera) Provisions
5ECTION1500. INTENT.
I It is the intent of these regulations to permit creation of SPI) Special
2 Public interest districts:
3 (a) In general areas officially designated as having special and sub-
4 stantial public interest in protection of existing or proposed character, or of
5 principal views of, from, or through the areas;
6 (b) Surrounding individual buildings or grounds where there is special
7 and substantial public interest in protecting such buildings and their visual
8 environment; or
9 (c) In other cases where special and substantial public interest
10 requires modification of otherwise applicable Zoning regulations, or amend -
I I ment of such regulations in a particular case, for the accomplishment of the
12 special public purposes for which the special public district is established.
13 It is further intended that such districts and the regulations adopted for
14 them shall be in accord with, and promote the purposes set out in, the Miami
15 Comprehensive Neighborhood Plan and other officially adopted plans in
16 accordance with it, and shall encourage land use and development in sub-
17 stantial accord with the physical design set out therein.
SECTION 1501. RESERVED.
SECTION 1502. EFFECT OF SPI DISTRICT DESIGNATION.
18 Such SPI districts may either:
19 (a) Supplant districts or portions of districts existing at the time of
20 creation of a particular SPI district, or
21 (b) Have the effect of modifying requirements, regulations, and
22 procedures applying in existing districts or districts hereafter created and
15-1
I remaining after SPI districts are superimposed, to the extent indicated in the
2 particular SPI amendment,
SECTION 1503. RESERVED,
SECTION 1504,
3 Recommendations for creation of SPI zoning districts shall be prepared
4 only by the Department of Planning or the Planning Advisory Board, on their
5 own motions or at the direction of the City Commission. Each recommenda-
6 tion shall identify the proposed zoning by the SPI prefix and a number
7 identifying the particular district, as for example SPI-1, together with
8 whatever other identification appears appropriate, and shall contain informa-
9 tion and proposals as indicated below concerning the areas, buildings, and/or
10 premises proposed for such regulation:
1504.1. Statement of Intent.
I I
The application
for SPI zoning shall include a statement
of intent,
12
specifying the nature
of the special and substantial public interest involved
13
and the objectives to
be promoted by special regulations and/or
procedures
14
within the district as
a whole, or within subareas of the district,
if division
15
into such subareas is
reasonably necessary for achievement of
regulatory
16 purposes.
1504.2. Proposed District Boundaries.
17 The recommendations shall include a map or maps and pertinent supple-
18 mentary material indicating as applicable:
19 (a) The boundaries of the SPI district and any subareas, if any, estab-
20 lished within the district for purposes of SPI regulations.
21 (b) The zoning designations of all portions of underlying districts, if
22 any, which will remain after SPI zoning is superimposed and the general
15-2
I regulations of which will be affected by the superimposed SPI zoning. Where
NA
2 it is proposed to change the boundaries or zoning designation of remaining
3 underlying districts affected in the some action by which SPI zoning is
4 applied, the map shall show the nature and location of such change.
5 (c) The location and zoning designation of districts or portions of
6 districts, if any, to be supplanted by SPI zoning,
1504.3. Proposed Regulations.
7 The recommendations shall include regulations designed to promote the
8 special purposes of the district, as set out in the statement of intent. In
9 particular, such regulations may require submission of detailed site plans, —
10 building plans, and elevations, and maps indicating the relation of proposed
II development to surrounding or otherwise affected property in terms of
12 location, amount, character, and continuity of open space; protection of
13 desirable principal views; convenience of access through and between
14 buildings or in other locations where appropriate for public purposes and
15 where such access will reduce pedestrian congestion on public streets;
16 separation of pedestrian and vehicular traffic; signs; lighting; mixtures of
17 proposed uses; and other matters as appropriate to determinations of the
18 relation to the special public interest of the district and the objectives to be
19 promoted.
1504.4. Requirements Concerning Special AP2rovals.
20 The regulations may require special review of development plans by the
21 Department of Planning, the Urban Development Review Board (created by
22 Resolution 42690, as amended, of the City Commission dated July 22, 1971),
23 the City Commission, or other officials or agencies of the City, generally
24 within the SPI district or in designated portions of the district, and generally
25 for all development or for specified classes of development. Where special
15-3
I approval at special permit is required, no building permit at certificate of
2 occupancy or use shall be issued until after written approval, or for
3 development other than that in accord with approved plans and instruments
4 involved,
1504,5. Provisions._fnr,Varidtions_ from,Re ulatior� A I in _Gener It to
Districts.SPI
5 In connection with special plan or special permit review requirements,
6 regulations for a particular SPI district for specified classes of SPI districts
7 may also (a) authorize or (b) require variations from regulations applying �-
8 generally within such districts. _
1504.5.1. Authorized Variations.
9 The body or bodies, officials, or agencies charged with responsibility for
10 such special plan or special permit review in SPI districts shall authorize
I I variations from regulations generally applying in such districts only upon
12 written application by those submitting plans in a particular case, and only
13 upon making written findings that:
14 (a) A plan proposed by an applicant, while not strictly in accord with
15 regulations applying generally within the district, meets public purposes and —
16 provides public protection to an equivalent or greater degree; or
17 (b) In the particular circumstances of the case, strict application of
18 the regulation or regulations is not necessary for the accomplishment of
19 public purposes or the provision of public protection, at the time or under
20 foreseeable circumstances.
21 No such variation shall increase population density or maximum floor
22 area above that generally permitted in the district.
1504.5.2. Required Variations.
23 The body or bodies, officials, or agencies charged with responsibility for
I such special plan or special permit review in SPI districts may require
2 variations from regulations generally applying in such districts only upon
3 making written findings in a particular case that for reasons specifically set
4 forth such variations are especially necessary for the public protection or the
5 environs of particular buildings and premises. Among other things, such
6 variations may require relocation of or increase in yards or other open spaces
7 generally required; reduction in height generally permitted; additional
8 limitation on uses, signs, or illumination; and buffering and screening to a
9 greater degree than generally required. No such variation shall decrease the
10 population density or maximum floor area generally permitted in the district.
1504.5.3. Recording Authorized or Required Variations.
I I Where variations are thus authorized or required, notation shall be
12 made, including appropriate identification of the property, the instrument
ii► 13 involved, and the date of the action. The administrative official shall be
14 responsible for maintaining a record of all required or authorized variations.
1504.5.4. Variation Not Variance.
15 A variation under the provisions of this section is hereby declared not to
16 be a variance, as under Article 31 of this zoning ordinance; and the two terms
17 are not to be considered as synonomous.
SECTION 1505. PROCEDURES FOR ADOPTION OF SPI AMENDMENTS.
18 Subject to such additional requirements as are set out under this
19 Article, adoption of SPI amendments shall be by the same procedures as for
70 amendments generally, as set forth in Article 35.
SECTIONS 1506-1509. RESERVED.
15-5
Provisions Rpldflng to S eciic SF'i Districts
SECTION 1510. SP1.1; MARTIN LUT KING BOULEVARD COMMER.
SECTION I S I _I . INTENT,
I This district is of special and substantial public interest because of the
2 need to develop and redevelop in a manner improving amenity, efficiency and
3 security. These regulations are intended to encourage concentrations of
4 commercial and service facilities at intersections of arterial streets,
5 encourage residential development above such facilities or in areas away
6 from such intersections; to provide pedestrian amenities and linkages
7 stimulating pedestrian activity; to provide transitional areas affecting lots
8 behind those adjacent to Martin Luther King Boulevard on the north and
9 south; and to provide the development and design opportunities inherent in
10 larger site areas.
SECTION 1512. PRINCIPAL USES AND STRUCTURES.
1512.1. Permitted Generally.
I I Uses and structures permitted generally shall be as for CR-3, except for
12 modifications indicated below.
1512.1.1. Limitations on Uses Near Specified Intersections of Arterial
Streets.
13 On lots adjacent to Martin Luther King Boulevard, where no portion of
14 the front lot line is more than 300 feet from the intersections of the
15 Boulevard with 7th, 12th and 17th Avenues North, at least 50% of ground
16 level frontage on the Boulevard and the first 20 feet behind such frontage
17 within buildings shall be in occupancies other than dwelling or lodging units.
1512.1.2. Limitations on Outdoor Uses.
18 All commercial, sales, display and service activities shall be within
15-6
1
completely
enclosed buildings except for, plant nurseries; outdoor dining
2
areas; arts
and crafts exhibits, including demonstrations and performances;
3
flowers; plants and shrubs; objects of art; and handicrafts but not truss
4
produced items,
1512.2,
Permis$ible Ohiy _by 5pecid{_ ermit.
5
Uses
and structures permissible only by special permit shall be as for
6
CR-3, item
I, In connection with conversions, In addition:
7
1.
By Class C special permit only, establishments for sale of second-
8
hand merchandise, other than as permitted generally.
9
2.
By special exception only, bars, saloons, taverns, private clubs,
10
lodges, supper clubs, night clubs, fraternity or sorority houses,
I I
pool and/or billiard halls, subject to limitations on transitional
12
locations.
13
3.
By Class C special permit only, parking garages and commercial
14
parking lots.
15
4.
By Class C special permit only, rescue missions, temporary revival
16
churches, subject to limitations on transitional locations.
17
5.
By Special Exception only, open air sales and hospitals.
SECTION 1513. ACCESSORY USES AND STRUCTURES. -
18 Requirements and limitations concerning accessory uses and structures
19 shall be as for CR.
SECTION 1514. TRANSITIONAL USES AND STRUCTURES.
20 Requirements and limitations concerning transitional uses and struc-
21 tures shall be as for CR.
SECTION 1515. MINIMUM LOT REQUIREMENTS. •O• AREA
15-7
1515.1. M"I.W i n Lot requirements. ..s..a,Y.17Ei.ti.fY
Minimum lot requirements shall be as follows-.
I. For residential uses only, not involving mixtures with other uses,
minimum lot width and area shall be as for RG-2 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 requirements are established, but
lots shall be of sufficient width and area to conform with other
requirements and limitations of these and other lawful regula-
tions.
1515.2. Floor Area Limitations; 0122n Space Requirements; Parkin
eau i rements.
1. For one and two-family detached dwellings, yard, parking and
other requirements applying RG- I districts shall apply.
2. For other uses, maximum Land Use Intensity ratings and related
floor area, total open space, pedestrian or livability space,
recreation space and parking requirements shall apply only where
gross lot area is 50,000 sq.ft. or more, for lots in single ownership
or under transfer of development rights agreements. For lesser
gross land areas, Land Use Intensity ratings shall be as indicated
on the chart below, and related ratios and requirements shall be as
indicated for the particular Land Use Intensity rating in the
tabulation below.
M
r
u
50,000
H a OVER
LL
o 40,000
a
w
a
a 30,000
A
z
g 20,000
co
y
O
a
O 10,000
0
D USE INTENSITY RATING
AREA I -AS DEFINED AT SECTION 1512.1.1
56 601 65 71 ( MAX.)
I AREA 12 -REMAINDER O i MEK AREA
50 55 60 65 (MAX.)
LUI RATINGS APPLYING IN THE
SPI-I: MARTIN LUTHER KING AREA
1 S-9
LAND USE INTENSITY RATINGS AND RELATED RATIOS
POR RESIDENTIAL USES
SPI- I DISTRICT
Offstreet
Parking Spaces
L.UI
per D.U.
RATING
F.A.R.
O.S.R.
L.S.R.
R.S.R.
T.C.R.
50
.40
.72
.44
.05
1.4
51
.43
.72
.43
.06
1.4
52
.46
.72
.42
.06
1.4
53
.49
.71
.41
.06
1.3
54
.53
.71
.41
.06
1.3
55
.57
.71
.40
.06
1.3
56
.61
.70
.40
.07
1.3
57
.65
.70
.40
.07
1.3
58
.70
.69
.40
.07
1.2
59
.75
.69
.40
.08
1.2
60
.80
.68
.40
.08
1.2
61
.86
.68
.40
.08
1.2
62
.92
.68
.40
.08
1.2
63
.99
.68
.40
.09
1.2
64
1.06
.68
.40
.09
I.I
65
1.13
.67
.41
.09
I.I
66
1.21
.67
.41
.10
I.I
67
1.30
.67
.42
.10
I.I
68
1.39
.68
.42
.10
I.I
69
1.49
.68
.43
.10
1.1
70
1.60
.68
.43
.11
1.0
71
1.72
.68
.45
.12
1.0
15-10
LAND USE INTENSITY RATINGS AND RPLATED RATIOS
I`OR NON RESIDLNTIAL USES
Spla I DISTRICT
Offstreet Parking*
LUI
Sees/
RATING
r=.A.R.
O.S.R.
p.O.S.R.
.
5g.I=t. Icior r
50
.40
.72
.35
400
51
.43
.71
.35
400
52
.46
.71
.35
400
53
.49
.70
.34
450
54
.53
.69
.34
450
55
.57
.69
.34
450
56
.61
.68
.33
450
57
.65
.68
.33
450
58
.70
.67
.33
500
59
.75
.67
.32
500
60
.80
.66
.32
500
61
.86
.66
.32
500
62
.92
.66
.31
500
63
.99
.66
.31
500
64
1.06
.66
.31
600
65
1.13
.65
.30
600
66
1.21
.65
.30
600
67
1.30
.65
.30
600
68
1.39
.64
.29
600
69
1.49
.64
.29
600
70
1.60
.64
.29
700
71
1.72
.64
.28
700
* Except where other requirements have been established in CR for
specif is uses.
15-II
1515.3.
I Where district boundaries divide properties within the some block, or
2 areas of transfer of development rights within the some block, and where the
3 portions involved are contiguous for 50% of more of the distance along the
4 boundary, the rules below shall apply, (Where portions are contiguous for less
5 than 50% of the distance along the boundary, joint development shall be only
6 by Class C special permit based on findings that the site and development
7 plan proposed will function as effectively as if there were contiguity to the
8 extent indicated, and the some rules shall apply.)
9 I. Gross land area, determined for the purpose of establishing the
10 Land Use Intensity rating applicable to the portion of the property
I I or area of transfer of development rights within the district, shall
12 include the total gross area of both portions.
13 2. Maximum floor area shall be computed as the sum of the
14 maximum floor areas permissible for the portions of the property
15 or area of transfer of development rights, computed separately.
16 Thus the portion within the SPI-I district shall be computed by
17 multiplying gross land area within the SPI-I district by the FAR
18 ratio derived from the applicable LUI rating, as established above,
19 and added to the floor area derived from application of the FAR
20 applying in the adjoining district to gross land area within the
21 district. Areas devoted to off -site parking shall not be included in
22 such computations, but only areas for parking or other purposes
23 which are contiguous to SPI-I.
24 3. Limitations on transfer of floor area from district to district. On
25 the portion of the property or area of transfer of development
26 rights within the district adjoining the SPI-I district along the
27 common boundary, permissible floor area may be increased above
15-12
I the amount accruing from its own land area, but such increase
2 shall not exceed 25% of its basic allotment, and shall be
3 subtracted from the amount permissible on the portion within the
4 SPI-I district.
5 On the portion within the SPI-I district, permissible floor area
6 may be increased up to the total maximum floor area derived as
7 indicated under item 2, above.
g 4. Openspace requiremehbs, including total open space, livability or
9 pedestrian open space, and recreational open space (as applicable)
10 shall be similarly computed as the sum of requirements for
I I portions of the property or area of transfer of development rights
12 within and adjoining the SPI-I district.
13 5. Limitations on transfer of open space from district to district. Of
14 the total open space and livability and/or pedestrian open space
15 required, 75% maybe provided on the portion of the property or
16 area of transfer of development rights outside the SPI-I district.
17 On such portion of the property outside the SPI-I district, at least
18 as much total, open space, and livability and/or pedestrian open
19 space shall be provided as would be required if such portion were
20 developed independently within such district.
21 6. Fixed xard requirements. In cases of combinations of land area of
22 the kind indicated, required yards shall be as they provided as they
23 relate to other lots.
1515.4. Fixed Yard Requirements.
24 Within the SPI-I district, fixed yard requirements shall be as follows:
25 I. For residential uses, without mixtures of other uses, as for RG.
26 2. For non-residential or mixed uses:
15-13
I rro�nt,rds street side_ ardss Front and side street yards shall be
2 ten (10) feet except adjacent to Martin Luther King Boulevard, a
3 front yard not less than 10 nor more than 20 feet in depth shall be
4 provided. Similar yards shall be required where sides of lots
5 adjoin streets intersecting Martin Luther King Boulevard in the
6 area described at Section 1512.1.1. Portions of a building may
7 encroach upon such yards, provided that an area equal to the area
8 of encroachment is provided as pedestrian open space (or livability
9 space where residential uses are involved) between any portion of
10 the building with exposure to the same frontage and the adjacent
11 street.
12 All such yards shall be landscaped, and shall not be used for off-
13 street parking, but driveways equal in maximum width to 25% of
14 the width of the lot (or depth where such yards adjoin at the side)
15 shall be permitted to cross such yards, provided that in no case
16 shall any driveway exceed 18 feet in total width, aside from
17 f lares.
18 Interior side Zards shall be a minimum of 5 feet in width, except
19 where buildings adjoin at or cross lot lines.
ZO Rear yards shall be a minimum of 20 feet in depth where lots in
21 this district abut a residential district boundary.
1515.5. Building S acin .
22 In addition to the spacing provided by fixed yards, spacing for buildings
23 or portions of buildings containing residential uses shall be as provided in RG
24 districts. Spacing of buildings or portions of buildings containing nonresiden-
25 tial uses shall be governed by the same formulas, with all walls other than
26 tertiary to be construed as secondary walls.
15-14
SECfiION _I516. HEIGHT try IT T,, 1 5.
I
Height shall be limited according to Land Use Intensity ratingS as shown
2
below:
HEIGHT ENVELOPES BY LAND USE INTENSITY RATINGS.,
Sill-1 DISTRICT
3
Applying to all uses except where transitional requirements impose greater
4
limitations.
Land Use IntensitZ Rating
50-6263-6 9- 1
Plane 11 (feet) 24 - 30 46
Light Planes, side and rear 75 75 80
(degrees)
Plane III (feet) 50 50 50
SECTION 1517. MINIMUM OFFSTREET PARKING AND LOADING RE-
5
Minimum offstreet parking requirements shall be as for CR districts.
6
Minimum offstreet loading shall be as provided in Sections 2022-2023.
7
Offsite parking shall be governed by the provisions of Section 2018,
8
Offsite Parking, except as modified below:
9
I. In connection with nonresidential uses, offsite parking may be
10
located not more than 600 feet from the lot it is intended to
i l
serve, with distance measured along existing or proposed pedes-
12
trian routes, in either the SPI-1 or any adjoining district.
13
2. In connection with residential uses, offsite parking may be located
14
in SPI- I or any adjoining district, but only on lots contiguous to
15
the lot on which the residential use is located.
16
3. Such offsite parking shall be permissible only by Class C special
17
permit.
4
I IL
IL7
15-15
SECT12N1U0 LIMITALI!aN.,.$�-ON.5LON5-
LimllfatiOhS Oh SighS Shull be as for CIS districts.
15-16
5ECTICIN_ I520.
SECTION 1521, INTENT.
I Within the commercial center of Coconut Grove, it is of special and
2 substantial public interest to strengthen unique historic and cultural charac-
3 ter by regulations encouraging retail and service development with strong
4 pedestrian orientation, uninterrupted along prime ground=level pedestrian
5 frontages by uses which are not pedestrian -oriented. It is further intended to
6 encourage activities, arrangements, and amenities generating pedestrian
7 street life, cultural arts facilities appropriate to the area, innovative site
8 planning and architectural design, and to create opportunities for combining
9 residential and non-residential uses in a pattern minimizing potential adverse
10 effects of such combinations.
SECTION 1522. SPECIAL PERMITS.
1522.1. When Required.
I I No building permit shall be issued within the boundaries of the SPI-2
12 district affecting the height, bulk, location or exterior configuration of any
13 existing principal structure, or for the erection of any new principal
14 structure, or for the location, relocation or enlargement of any vehicular way
15 providing access to private property from pedestrian streets, until a special
16 permit has been issued,. Except as otherwise indicated in connection with
17 specified uses, a Class C special permit shall be required.
1522.2. Materials to be Submitted with Applications.
18 Materials to be submitted with applications for special permits within
19 this district shall be as required generally at Section 2304. In applications
20 involving pedestrian street frontages, site and building plans and related
15-17 June 1982
I reports shall be in such detail, and of such a nature, as to facilitate the
2 making of determinations in the particular case as to conformity with the
3 principles established below.
1522.3. Considergtiohs_GLn2tol,l _, dnd._on Pedestrian Street Fronta_ es,.
1522,11, Cohsiderations__,Geherally.
4 The general purpose of such special permit considerations shall be to
5 determine conformity of the application as submitted, or with such conditions
6 and safeguards as may reasonably be attached to assure such conformity, with
7 the requirements and expressed intent of these regulations as applying
8 generally throughout the district, as well as to any conditions, limitations or
9 requirements specified for particular uses or locations.
1522.3.2. Special Considerations on Pedestrian Street Frontages.
10 On pedestrian street frontages, the following special principles and
I I considerations shall apply:
12 Ground floor frontage along pedestrian street shall be developed
13 primarily for uses promoting pedestrian traffic. ("Ground floor frontage", as
14 used here, is to be construed as including portions of buildings directly
15 accessible from pedestrian ways, as in the case of split-level developments
16 with part of the entries above grade and part below, but all directly
17 accessible from pedestrian open space).
18 Pedestrian open space for all ground floor uses along pedestrian streets
19 shall be provided at ground level and shall be accessible to the public frorn
20 the pedestrian frontage during business hours, and shall be located, designed,
21 improved and safeguarded to provide attractive, convenient and secure areas
22 for outdoor exhibits, displays and sales, and other outdoor activities
23 appropriate to permitted ground -floor uses or generally along pedestrian
FM
June 1982
11
I streets.
2 To these ends, all pedestrian open space provided on pedestrian street
3 frontages shall be appropriately landscaped and furnished for active and
4 passive pedestrian enjoyment, comfort and convenience.
SECTION_.1523, PERMISSIBLE PRINCIPAL USES AND STRUCTURES,
1523.1. Principal, ,Uses Permissible on Ground Floor Frontage of pedes-
trian Streets. --
5 Except as otherwise provided herein, only the fallowing principal uses
6 shall be permitted on the ground floor frontage of pedestrian streets.
7 I. Retail establishments, as follows: Antique stores, arts stores and
8 commercial art galleries; bicycle sales; book and stationery stores open
9 to the general public; china and crockery stores; drug stores; florist,
10 including plant and shrub sales; food stores, including bakeries,
I I confectioneries, delicatessens, fruit and vegetable markets, groceries,
12 ice cream stores, meat or fish markets; gift shops; hardware stores;
13 hobby shops; home appliance stores; interior decoration supply stores
14 (but not general furniture stores); establishments for sale of marine
15 accessories (but not sale of boats involving outdoor display or storage
16 within the district); jewelry stores; news stands; office supply stores;
17 optical goods stores; package liquor stores (without drive-in facilities);
18 pet shops; photographic supply stores; variety and sundry stores;
19 establishments for sale of wearing apparel. Such establishments may
20 provide incidental repair, maintenance, adjustment or alteration serv-
21 ices as appropriate, but facilities, operation and storage in relation to
22 such services shall not be visible from any street or street -related
23 pedestrian open space. Aside frorn antique stores, art galleries, book
24 stores, and jewelry stores, no such retail establishments shall deal in
15-19
June 1982
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
second-hand merchandise,
2. Service establishments, including barber shops and beauty parlors;
health spas or studios; laundry and dry cleaning agencies or establish-
ments) including those coin operated facilities with rated capacity
limited to 25 pounds per machine, 500 pounds total, for laundry, and 10
pounds per machine, 40 pounds total, for dry cleaning; 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 halls, billard
parlors and game rooms.
7. Theaters.
8. Publicly -owned or operated recreational facilities, neighborhood cen-
ters, 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
15-20
June 1982
i
I or partially open space there may be: outdoor dining areas; exhibits and sale
2 of arts and crafts (other than, those involving mass-produced items); of
3 flowers, plants and shrubs, involving display and sale; and vegetables,
4 produce, citrus or other unpackaged foods involving sale and display.
1523.2. Principal Uses Permissible at other Locations: Restrictions on
5 In addition to all uses permissible on ground floor frontage of pedestrian
6 streets, the following shall be permitted, either above or behind establish.
7 ments developed with such frontage, or elsewhere within the district, but not
8 within such ground floor frontage except as provided at Section 1523.3,
9 below.
10 I. As for RG-3 for uses permitted or permissible therein, provided that:
I I a. In this district, regardless of special permits required in RG-3, all
12 uses require Class C permits unless otherwise specifically pro-
13 vided.
14 b. In buildings containing combinations of residential and office uses,
15 limitations as to proportion of office to total floor area shall not
16 apply•
17 2. Offices, business or professional; travel agencies; clinics; studios;
18 laboratories.
19 3. Banks, saving and loan associations, and similar financial institutions.
20 4. Business colleges, trade schools (except those having external evidence
21 of activities of an industrial nature); conservatories; dancing schools.
22 5. Automotive service stations, commercial parking lots, and parking
23 garages shall be permissible only by special exception.
15-21
June 1982
1523.3. S 'ecial Rules Concernin Exterst grid Locution of Certclin USeS. Oh,
round iodr. _rotitd a of,Pedestt_i,on Streets.
1 The Following rules shall apply concerning extent and location of the
2 following uses on ground floor frontage of pedestrian streets:
3 I. On corner lots adjoining pedestrian streets on two exposures, limitations
4 as to the uses permitted on ground floor frontage shall apply to both
5 exposures of such lots.
6 2. Where the frontage of a lot on a pedestrian street is occupied at the
7 ground floor level by uses permissible under the Limitations of Section
8 1523.1 for at least 65% of lot width, the remaining frontage may be
9 occupied as entrances inside or outside buildings to uses above or behind
10 those on the ground floor frontage, or as driveways or walkways
II providing access to uses or parking or service areas behind the
12 pedestrian frontage.
13 1 Where by reason of horizontal embayments or vertical arrangement of
14 uses directly accessible in the open from pedestrian streets, the amount
15 of display and principal entrance exposure of such use frontage equals
16 that which would be required above, if the ground frontage were
17 developed in a straight line at a single level, any remaining width of
18 such frontage may be occupied by uses specified in Section 1523.2,
19 except automotive service stations, commercial parking lots, and
20 parking garages.
SECTION 1524. PERMISSIBLE ACCESSORY USES AND STRUCTURES.
21 Uses and structures which are customarily accessory and clearly
22 incidental to permissible principal uses and structures, approved in the same
23 special permit proceedings, and initiated or completed within any time limits
24 established generally or in relation to the special permit, shall be permitted
15-22 June 1982
1
subject to limitations established by these or generally -applicable rogulafions.
Other accessory uses and structures shall require a Class C special permit.
3
The following special limitations or exceptions shall apply to accessory uses
4
and structures in this districts
5
1. No above -ground off-street parking or loading areas shall be permitted
� -
6
between any front portion of a building and the front line of a lot
7
adjoining a pedestrian street, provided however that off-street parking
8
for bicycles may be permitted in such areas, subject to limitations and
l-
9
requirements as to location) design and number established in connec-
10
tion with special permits.
_
11
2. Where approved as to location, design, improvement, and provisions for
—
12
maintenance and management in connection with the special permit
13
required, outdoor exhibits, displays, sales or other activities may be
-
i
14
conducted in pedestrian open space on property adjacent to pedestrian
15
streets even though not customarily accessory to the adjacent principal
16
use. Areas or facilities so approved may be used for regular,
17
intermittent, or temporary special events without further permitting
18
which might otherwise be required under these zoning regulations for
19
such events.
20
3. Roofed shelters open at the side and toward the street for at least 40%
21
of perimeter of coverage, exhibit and display stands and cases, and
22
community or neighborhood bulletin boards or kiosks may be permitted
23
in any pedestrian open space on private property fronting on a
24
pedestrian street, either under original special permit action or by
25
subsequent Class C special permit, provided that enclosed exhibit or
26
display cases, bulletin boards or kiosks shall not in combination occupy
27
more than 25% of the area of pedestrian open space required in such
28
locations. In this district, such coverage or occupancy shall be
15-23
June 1982
13
14
15
16
17
18
19
20
allowable notwithstanding general limitations on occupancy of required
yards or other open spaces.
SECTION .1,525. TRANSITIONAL REQUIREMENTS AND LIMITATIONS.
Transitional requirements and limitations shall be as for CR districts,
items I and 2. In addition:
Where lots in this district directly adjoin lots in RS-I, RS-2, RG, or RO
districts at the side, no property within this district within 50 feet of the
district boundary shall be used for:
1. Automotive service stations, commercial parking lots or parking
garages.
2. Restaurants, tea rooms and cafes, or bars, saloons, taverns or private
clubs, having dancing or live entertainment. Outdoor dining or other
areas for services for patrons or club members.
SECTION 1526. MINIMUM LOT REQUIREMENTS: FLOOR AREA LIMITA-
TIONS: MINIMUPACEU M N S.
1526.1. 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 automotive service stations, minimum lot requirements shall be as
provided at Section 2030. I.
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 require-
ments and limitations of these and other lawful regulations.
1526.2. Floor Area Limitations.
15-24
June 1982
1526,2,1.
,
I Except cis modified by Section 1526.2.2, below:
2 The maximum floor area ratio for residential or non residential
3 buildings shall be .75 times gross lot area,
1526.2.2. Floor Area Limitations for_. Mixed, Use Buil_din s__and for Buildings
rov_din Certain Sup rtitU_ sesi Limitations.
4 The floor area and/or floor area ratio shall be increased in conformance
5 with the following provisions and limitations.-
6 I. Mixed Use Buildings: For buildings that provide a minimum of 30
7 percent residential and 30 percent non residential uses the floor area
8 ratio shall be increased to 1.06 times gross lot area,
9 2. Underground and/or Enclosed Parking: For each 10 percent of required
10 onsite parking provided in an underground parking structure (the roof of
I I the underground structure shall not exceed 3.5 feet above adjacent
_ 12 public sidewalks) or in an enclosed above grade parking structure (with
13 autornobiles screened from view) the floor area ratio shall be increased
14 .015 times gross lot area.
15 3. Pedestrian Open Space: For each one percent of pedestrian open space
16 that a building provides over the required amount of pedestrian open
17 space a determined by the applicable L.U.I. ratio, the floor area ratio
18 shall be increased by .015 times gross lot area not to exceed a total of
19 .34.
20 4. Theaters: For each one gross sq.ft. that a building provides for a
21 theater for the performing arts or for a community theater the floor
22 area shall be increased by four sq.ft. A community theater is defined as
23 an enclosed space suitable for a variety of cultural arts performances,
10
24 permanently available, and managed and promoted on a non profit basis;
15-25
June 1982
I principal use of the space shall be for public performing arts
2 presentations, although incidental use for private rMeetingsf exhibits and
3 presentations shall be permitted.
1526,2.3. LUI_Rgtings,�nd Reltlted f _atios Aipplyi.nq_W thin District,
4 The Land Use Intensity ratings and related ratios applying within the
5 5PI-2 district shall be as provided in Section 2011. I. The tables are based on
6 gross lot area, consequently, all computations concerning increases in floor
7 area as allowed in Section 1526.2.2 shall be converted into floor area ratio as
8 applied to gross land area to derive the correct LUI rating number and its
9 related ratios.
1526.3. Minimum Open Space Requirements.
1526.3.1. Minimum Yards.
10 Except as required in specified transitional locations, yards adjacent to
I I streets and interior side and rear yards (where buildings are not built to a
12 common wall) shall be at least 5 feet in depth or width, as appropriate to lot
13 orientation.
14 Yards adjacent to pedestrian streets may be crossed by driveways equal
15 in maximum width to 25% of the width of the lot (or depth where such streets
16 adjoin at the side), provided that in no case shall any such driveway exceed 18
17 feet in total width (aside from flares).
1526.3.2. Building Spocinq.
18 Yards as required above shall be increased as necessary to meet
19 requirements of Section 2013, Open Space and Building Spacing, and the
20 building spacing requirements therein shall govern distances between build-
21 ings and portions of buildings where more than one building is effected on a
15-26 June 1982
I lot. rot buildings spacing purposes, in the nose of nonresidential buildings all
2 walls other than tertiary shall be Construed to be secondary walls,
1526.3.3. Transfer of Devclo rtient.Ri `htsA,ffeetin . S.ide or Rear Yards or
u1i
�p
nk , _acirta.
y
3 Transfer of development rights affecting side or rear yards or building
4 spacing shall be permissible only by Class C special permit.
1526.3.4. Open Space Ratios.
5 For floor area, open space and parking ratios relating to residential and
6 non residential uses, see Section 2011. 1.1.
SECTION 1527. MAXIMUM HEIGHT.
7 Maximum height limitations shall be as for 0-1, except that the
8 Plane III maximum shall be 50 feet in this district.
SECTION 1528. MINIMUM OFFSTREET PARKING.
9 Minimum offstreet parking requirements shall be as for CR for uses
10 permissible in the SPI-2 district. In addition, the following provisions or
I I limitations shall apply:
12 I. Since it is intended that automotive traffic related to nonresidential
13 uses shall be minimized on pedestrian streets, location of nonresidential
14 offsite parking shall be permissible as provided at Section 2018, but
15 without any demonstration or required finding as to practical difficul-
16 ties or unnecessary hardship in providing required parking on the site.
17 Offsite required parking for residential uses shall require such demon-
18 stration and finding.
19 2. In addition to the reductions in offstreet parking requirements,
01 20 provisions for deferral of part of parking improvements, and arrange-
21 ment for provision of joint parking facilities authorized in Section 2017,
15-27 June 1982
I in any mixed -.use development including a theater, spaces required for
2 other nonresidential uses may be credited toward meeting requirements
3 for the theater to the extent justified by timing of pear demands,
4 3, Where outdoor areas are regularly used for display and sales, or as
5 dining areas, the floor area shall be exempt frorn offstreet parking
6 requirements.
7 4, Bicycle spaces shall be provided in a number equal to the number
8 automotive parking spaces required, except that not more than 10 such
9 bicycle spaces shall be required, Spaces shall be located and improved
10 to promote security and the comfort and convenience of both
II pedestrians and cyclists, and shall generally be ofsite, but may be
12 provided jointly under the provisions of Section 2017.9, Joint Parking
13 Facilities for Contiguous Use where such joint facilities are found to be
14 in the public interest. Storage apparatus shall be so designed as to
15 permit locking bicycles to it securely.
SECTION 1529. LIMITATIONS ON SIGNS.
16 No signs intended to be read from off the premises shall be permitted
17 except as provided below:
1529.1. General Limitations.
1529.1.1. Prohibited Signs.
18 Billboards, poster panels and other outdoor advertising signs shall be
19 prohibited in this district. Other offsite signs shall be prohibited except when
20 posted on community or neighborhood bulletin boards or kiosks, in accordance
21 with limitations and regulations relating thereto at Section 2025.3.10 and
22 those applied in special permit proceedings on particular community or
23 neighborhood bulletin boards or kiosks. Except for such bulletin boards or
15-28 June 1982
I kiosks, ground or freestanding signs are prohibited.
1529.1,2,
u
2 Signs erected with their lowest portions more than 15 feet above grade
3 shall be limited to those identifying the building and the nature of the
4 establishments it contains, Only one such sign, not exceeding 50 sq,ft. in
5 area, shall be permitted for each face of the building oriented toward the
6 street, except that where the length of a building wall exceeds 150 feet, a
7 second sign shall be permitted, not exceeding 50 sq,ft, in area.
1529.1.3. Signs 15 Feet or Less Above Grade, Limitations on Number and -
Area.
8 Wall signs (not including signs in glassed areas of windows or doors) and
9 projecting signs erected with their highest portion 15 feet or less above grade
10 shall be limited in total area to 20 sq.ft., except as otherwise specifically
I I provided herein. Signs in the glassed areas of windows and doors shall not
12 exceed 20% of the glassed area of the window or door involved. One ground
13 sign, limited to 10 sq.ft. in area, may be erected for buildings on lots where
14 the street yard exceeds 20 feet in depth.
1529.2. Detailed Limitations Wall Si ns Projecting Signs, Marquee Si ns
Window igns.
15 Within the 20 sq.ft. maximum allowable at or below 15 feet above
16 grade, the following limitations shall apply to number and area of signs. Not
17 more than one wall sign may be erected per establishment and maximum area
18 of any such sign shall be 20 sq.ft. Not more than one projecting sign other
19 than a marquee sign, shall be erected, with not to exceed two sign surfaces,
20 neither of which shall exceed 10 sq.ft. in area. No such sign structure shall
01 21 extend more than three feet from the wall of the building. Marquee signs —
15-29 June 1982
I shall be limited to one per establishment and three sq,ft4 in sign area.
1529.3►
i7a
2 Real estate, construction or development signs, individually or in
3 combination, shall be limited to one per street frontage) not exceeding 10
4 sq►ft. in area) and erected with the highest portion 15 feet or less above
5 grade. Real estate signs which are not part of construction or development
6 signs shall not require a special permit.
1529.4. Directional Signs, Number and Area.
7 Directional signs, which may be combined with address signs but shall
8 bear no advertising matter, may be erected to guide to entrances, exits, or
9 parking areas. Not more than I such sign, not exceeding 5 sq.ft. in area, shall
10 be erected per entrance, exit, or parking area.
1529.5. Community or Neighborhood Bulletin Boards or Kiosks, Area and
Location.
II Area and location of community or neighborhood bulletin boards or
12 kiosks shall be determined at the time of special permit proceeding.
1529.6. Additional Wall Signs for Theaters Museums Noncommercial Art
alleries.
13 In addition to signs permitted above, theaters, museums, noncommercial
14 art galleries and the like may have wall sign areas for display of
15 announcements concerning coming or current exhibits or performances. Area
16 of such display surfaces shall not exceed 2 sq.ft. for each lineal foot of
17 building wall fronting on a street, with maximum permissible area 200 sq.ft.
1529.7. Special Permit Requirements, Specified Types of Signs.
18 Except where such signs are approved in connection with general special
15-29.1 June 1982
C-1
C
I permit actions concerning development on the premises) a Class C permit
2 shall be required for the following signs: permanent window or door signs)
3 projecting signs) marquee signs) development signs) construction signs)
4 directional signs, community or neighborhood bulletin boards or kiosks) and
5 wall sign display areas for theaters, museums, noncommercial art galleries
6 and the I i ke.
7 All signs requiring special permits shall conform to the design standards
8 set forth in Guides and Standards for use with Miami the Zoning Ordinance.
15-29.2
June 1982
SECfi1ON 1530.
e
SECTION 1531. INTENT.
I Within Coconut Grove, a number of subareas along major streets in the
2 community are of special and substantial public interest because of unusual
3 characteristics, including architecture and natural features. The Village of
4 Coconut Grove has a unique cultural and historical heritage and a distinct
5 physical identity characterized by diversified and abundant vegetation, a rich
6 and compatible variety of architectural styles, limited scale of buildings, and
7 use of public ways.
8 It ir the intent of these special public interest district regulations that
9 future public and private development shall respect and enhance this
10 character, preserving property values and enhancing Coconut Grove's desir-
1 1 ability as a place to live and work. These special regulations are intended to
12 apply to highly visible, relatively intensively developed areas strategically
13 located along major streets in the community, to protect against inappropri-
14 ate height, discordant or incongruent design, disturbance of natural features,
15 and to encourage development in such portions of the community in a manner
16 appropriate to preservation of its unique physical, cultural and historic
17 heritage.
SECTION 1532. EFFECT OF SPI-3 DISTRICT DESIGNATION.
18 The effect of these SPI-3 regulations shall be to modify regulations
19 within the portions of existing districts indicated in the Official Zoning Atlas
20 as within its boundaries to the extent indicated herein.
SECTION 1533. CLASS C SPECIAL PERMIT.
a 1533.1. When Required.
15-30
I No building permit shall be Issued within the boundaries of the Spl=3
2 district affecting the height, bulk, location or exterior configuration of any
3 existing structure, the construction of any new structure, or the location or
4 ' relocation or enlargement of vehicular ways or parking areas on private
5 property, without authorization by Class C special permit.
1533.2. Materials to be Submitted,with Applications.
6 Materials to be submitted with applications for Class C special permits
7 in this class of cases shall include such site plans, landscaping plans, building
8 elevations, surveys and reports as are required to make determinations in the
9 particular case as to conformity with the principles established below.
1533.2.1. Relation of Proposed Improvements to Natural Features, Sur
-
10 Proposed improvements shall be related harmoniously to the terrain,
11 and in particular shall protect and enhance natural features such a rock
12 outcroppings, existing slopes and the coastal ridge. Relationship of new
13 structures to surrounding buildings shall be compatible as to form, size, and
14 spacing and architectural character shall conform to Coconut Grove's
15 architectural heritage. Building materal and colors shall be compatible with
16 Coconut Grove traditions.
1533.2.2. Landscaping, Screening and Open Space.
17 Desirable landscaping shall be preserved in its natural state to the
18 maximum extent reasonably feasible. General landscaping requirements and
19 standards established by this ordinance for off-street parking, yards, and open
20 space shall be considered supplemental to retention of desirable natural
21 features. Placement of structures and vehicular areas shall be such as to
22it retain, to the extent reasonably practicable, desirable existing landscaping,
23 open spaces and natural features, and to promote provisions of compatible
15-31
I new landscaping. Desirable native plant materials, and such exotic plant
2 materials as have become traditional in the area, shall be preferred in plant
3 selection. All accessory areas and structures, such as service and loading
4 areas, which need screening to avoid adverse effects on adjoining properties
5 shall be adequately concealed by appropriate plantings or other screening.
1533.2.3. Drives, Parking,. -Circulation, Utilities.
6 Location and number of access points to public streets, internal and
7 merging traffic and circulation, separation of vehicular and pedestrian
8 traffic, and arrangement of parking areas shall be safe and convenient, and
9 shall be so located and improved to preserve natural vegetation where
10 possible. Where feasible, all utilities shall be underground, and there shall be
l I appropriate provision for servicing utilities.
1533.3. Special Height Limits.
12 In addition to the general considerations above, no building within this
13 district shall exceed a height of 40 feet.
15-32
S�CLtQN 1540.
.
SECTION 1541. INTENT,
I Within the Brickell area, a number of subareas exist along the major
2 streets, which, because of their natural and architectural features, are of
3 special and substantial public interest. The area has a distinct physical image
4 characterized by hammock -like diversified and abundant vegetation and a
5 compatible variety of architectural developments of varying intensity; it is
6 the intent of these special public interest regulations that future public and
7 private development shall respect and enhance this character. These special
8 regulations are applied along arteries that tronsect the Brickell area and are
9 intended to protect and enhance the visual relationships that exist between
10 the natural and man made physical features by requiring minimum yards,
11 adjoining such streets, in excess of those generally required. The extra
12 dimension is intended to provide additional room for landscaping without
13 unduly restricting the use of required yards for vehicular access and parking.
SECTION 1542. EFFECT OF SP1-4 DISTRICT DESIGNATION.
14 The effect of these SPI regulations shall be to modify regulations within
15 portions of the existing district indicated in the Official Zoning Atlas as
16 within its boundaries to the extent indicated herein for the SPI-district.
SECTION 1543. CLASS C PERMIT.
1543.1. When Required.
17 No building permit shall be issued within the boundaries of the SPI-4
18 district affecting the special yards herein required by the location,
19 relocation, alteration or enlargement of vehicular ways, structures or parking
20 areas on private property without authorization by a Class C special permit.
15-33
1543.2, Materials to be Submitted.
I Materials to be submitted with applications for Class C special permits
2 shall include such site plans, landscaping plans, elevations, surveys and
3 reports as are required to make determinations in the particular case as to
4 conformity with the principles established below:
w
1543.3. General Considerations in Making Class C Special Permit Deter-
minations; Basic Principles and Standards.
5 The following basic principles and standards shall guide Class C special
6 permit determinations in this class of cases, and the attachment or
7 authorization of variations, as provided at Section 1504.5.
1543.3.1. Minimum Dimensions of Yards Adjacent to Certain Streets.
8 The minimum dimension of yards adjacent to Brickell Avenue between
9 S.E. and S.W. 26th Road and the Miami River, and Miami Avenue between
10 Federal Highway and S.E. and S.W. 15th Road shall be 30 feet.
1543.3.2. Relation of Proposed Improvements to Natural Features Sur-
rounding Buiidinas.
I I Proposed improvements shall be related harmoniously to the terrain,
12 and in particular shall protect and enhance natural features such as rock
13 outcropping. Relationship of new structures to surrounding structures shall
14 consider open space relationships created by buildings, walls, and landscaping.
1543.3.3. Landscaping, Screening and Open Space.
15 Desirable landscaping shall be preserved in its natural state to the
16 maximum extent possible. General landscaping requirements and standards
17 established by this ordinance for off-street parking, yards, and open space
10 shall be considered supplemental to retention of desirable natural features.
19 Placement of structures and vehicular areas shall be such as to retain to the
20 extent reasonably practicable existing landscaping, and natural features, and
15-34
0
to promote Provision of compatible new landscaping, Desirable native Plant
2 Materials, and such exotic plant materials as have become traditional in the
3 area, shall be preferred in plant selection, All accessory areas and
4 structures) such as service and loading areas) which heed screening to avoid
5 adverse effect on adjoining properties shall be adequately concealed by
6 appropriate plantings or other screening,
1543.3.4, Drives, J)qrkin5j. C i rpulat ion) uti 1"(t 1 2-S.
7 Location and number of access points to public streets, internal and
8 merging traffic and circulation, separation of vehicular and pedestrian
9 traffic, and arrangement of perking areas shall be safe and convenient) and
10 shall be located and improved to preserve natural vegetation where
I I practicable. Where feasible, all utilities shall be underground, and there shall
12 be appropriate provision for servicing utilities.
1543.4. Special Limitations on Walls, Vehicular Ways and Parking in the
Required Special 7a-7r.-
13 In addition to the general principles and standards set forth above for
14 the special yards, walls or underground structures shall be no closer than 10
15 feet to the property line adjacent to the street, and the ground level off-
16 street -parking no closer than 15 feet to the property line adjacent to the
17 street.
15-35
5ECTION.15506 ae!:1 BRICK�L
�I
5EC1ION 155I, INTENT,
I This district is of special and substantial public interest because of its
2 prime location along the bayfront and the Miami River, close to and visible =
3 from, the CBD and Biscayne Bay. •
4 In the interests of reduction of travel and traffic within the City
5 generally, conservation of energy, maintenance of principal views from within
6 the district and adjoining areas, and preservation and enhancement of existing
7 desirable features of design, landscaping and appearance evident in some
8 development within the area, it is intended that development, at appropri-
9 ately high intensity, shall be so desinged as to assure open character,
10 attractive and secure pedestrian open space (including plazas) available to the
I I general public at ground level, and appropriately located livability space
12 serving residential uses. 1
1551.1. Intent Concerning Uses.
13 Concerning uses, it is intended that multifamily residential occupancy
14 in this area is to be promoted and encouraged, either in separate buildings or
15 in combination with office and supporting retail and service uses, and that
16 such supporting uses shall be scaled and designed to serve needs of the
17 district, and not to attract major traffic from outside the area.
1551.2. Character, Site Planninq, and Architectural Desian.
18 It is intended that the character of development shall be such as to
19 protect and augment natural amenities and to provide for pleasant and
20 attractive surroundings. Orientation and design of principal buildings and
21 related site design and improvement shall be such as to protect views of the
22 water from principal public view points, providing physical and visual access
15-36 June 1982
SECTIONbj._550, Ski=5: C31�ICKt=LLB
SECTION 1551, NTENT.
'i i Y+i'iWH�L"a i.Y
I This district is of special and substantial public interest because of its
2 prime location along the bayfront and the Miami River, close to and visible
3 from, the CBD and Biscayne Bay,
4 In the interests of reduction of travel and traffic within the City
5 generally, conservation of energy, maintenance of principal views from within
6 the district and adjoining areas, and preservation and enhancement of existing
7 desirable features of design, landscaping and appearance evident in some
8 development within the area, it is intended that development, at appropri-
9 ately high intensity, shall be so desinged as to assure open character,
10 attractive and secure pedestrian open space (including plazas) available to the
I I general public at ground level, and appropriately located livability space
12 serving residential uses.
1551.1. Intent Concerning Uses.
13 Concerning uses, it is intended that multifamily residential occupancy
14 in this area is to be promoted and encouraged, either in separate buildings or
15 in combination with office and supporting retail and service uses, and that
16 such supporting uses shall be scaled and designed to serve needs of the
17 district, and not to attract major traffic from outside the area.
1551.2. Character, Site Planninq, and Architectural Desian.
18 It is intended that the character of development shall be such as to
19 protect and augment natural amenities and to provide for pleasant and
20 attractive surroundings. Orientation and design of principal buildings and
21 related site design and improvement shall be such as to protect views of the
22 water from principal public view points, providing physical and visual access
15-36 June 1982
I to waterfront areas appropriate to public needs and needs of the occupants of
2 adjoining properties, and providing both for desirable shade and shelter in
3 pedestrian area (and particularly plazas), and solar access where necessary
4 for the provision of energy, or for other purposes,
5 It is intended that major portions of principal buildings shall in general
6 be in the form of slender towers, leaving ample open spaces at or near the
7 ground, minimizing impediments to portions of the horizon arc involving
8 important views, and protecting the open character. Principal buildings shall
9 not take the form of low, massive slabs with high ground level lot occupancy
10 that constitute major impediments to desirable views and to light and flow of
I I air at ground level.
12 In consideration of proposed concentration of residential occupancy in
13 the district and the availability of mass transit, these regulations are
14 intended to promote pedestrian comfort and convenience, and to protect
15 against dominance of the character of the district by automobiles. To this
16 end, it is intended that offstreet parking requirements be minimal, and that
17 parking shall be for the most part within structures so located and designed as
18 to minimize visual impact. It is further intended that accessory parking
19 structures be low in profile, and that their top decks, where seen from
20 principal buildings, shall present an attractive appearance.
SECTION 1552. SPECIAL PERMITS.
1552.1. When Required.
21 No building permit shall be issued within the boundaries of the SPI-5
22 district affecting the height, bulk, location or exterior configuration of any
23 existing building, or for the erection of any new principal structure or for the
24 location, relocation or enlargement of any vehicular way affecting any area
25 designated or serving as a plaza area, until a special permit has been issued.
15-37 June 1982
I Except as otherwise indicated in connection with specified uses, a Class C
2 special permit shall be required,
1552.2. Materigls_to be„Submitted_w th Apfilicgtiohs.
3 Materials to be submitted with applications for such special permits
4 within this district shall be as required generally at Section 2304. Site and
5 building plans and related reports shall be in such detail, and of such a nature,
6 as to facilitate the making of determinations in the particular case as to
7 conformity with the principles established below.
1552.3. Considerations Generally,. and on Waterfront Views and Pro r-
ties, Uri Vehicular Access, on Through Block ConneRions.
1552.3.1. Considerations Generally.
8 The general purpose of such special permit considerations shall be to
9 determine conformity of the application as submitted, or with such conditions
411
10 and safeguards as may reasonably be attached to assure such conformity, with
II the requirements and expressed intent of these regulations as applying
12 generally throughout the district, as well as to any conditions, limitations or
13 requirements, specified for particular uses or locations. In making determi-
14 nations in this class of cases, the Planning Director shall obtain the advice
15 and recommendations of the Urban Development Review Board.
1552.3.2. Special Considerations on Waterfront Views, Waterfront Access,
Adjacent Districts.
16 Along waterfronts, buildings shall be so oriented and designed as to
17 minmize impediments to water views from principal public viewpoints at
18 ground level and from higher portions of nearby buildings, and to avoid
19 casting shadows on principal structures and accessory recreational areas in
AMk 20 adjoining residential districts to the south. See Section 1556.3.7.
21 Public access to waterfront plazas and walkways shall be provided in
15-38 June 1982
I accord with Section 1556,16,3.
1552.3.3. S ecdl Considerations..on throw h,_Block Conh�cfiions,,
2 Pedestrian walkway connections shall be provided between parallel
3 public streets and to the waterfront in conformance with Section 1556,3.6.2.
1552,14, Special Considerations on _Vehicular Access to Propert_yj Major
Streets,
4 Because of the high intensity of development within this district, the
5 large volumes of traffic anticipated within it and through it) and the intent to
6 design for pedestrian comfort and convenience, special consideration shall be
7 given to separation of vehicular and pedestrian traffic and to design and
8 location of vehicular entrances to passenger loading facilities and offstreet
9 parking and loading areas. In general, principal pedestrian entrances to
10 buildings shall be along street frontages, particularly where streets with
I I major traffic flows are involved, and vehicular entrances shall be at the side
12 or rear on streets less intensively used for through traffic, both to separate
13 pedestrian from vehicular flows and to minimize marginal vehicular friction
14 along major streets.
SECTION 1553. PERMISSIBLE PRINCIPAL USES AND STRUCTURES.
1553.1. Permissible Generally, Without Limitation on Location Within the
District. —"
15 The following uses shall be permissible generally, without specific
16 limitation on location within the district:
17 I. Attached and multifamily dwellings; hotels, including apartment
18 hotels and residence hotels.
19 2. Offices, business and professional (other than those selling
20 merchandise on the premises); clinics (other than veterinary);
21 studios; laboratories.
15-39 June 1982
1
,
l8anks, savings and loan associations] and similar financial institu=
2
tlons, provided that drive-in facilities for such establishments
3
shall be permissible only subject to the requirements of Section
4
1553.3 and 2031, and that there shall be no entrances or exits to
5
such facilities from major streets.
6
4,
Restaurants, provided that in this district service in adjacent
7
plazas or other pedestrian open space shall be permitted, Drive-in
8
restaurants shall not be permitted, Where alhocolic beverage
9
service is permitted in restaurants, in accessory cocktail lounges
10
and/or at tables for general service, the limitations on size and
I I
ground -floor locations applying in Section 1553.2, below, shall not
12
appl y.
13
5.
Schools, colleges and universities, public and private, including
14
business colleges, trade schools (other than those having external
15
evidence of activities of an industrial nature), conservatories,
16
dancing schools.
17
6.
Child care centers, subject to applicable provisions of Section
18
2036.4 and 5.
19
7.
Hospitals, convalescent homes, nursing homes, institutions for the
20
aged or infirm, community based residential facilities.
21
8.
Places of worship.
22
9.
Recreational buildings and facilities, playgrounds, playfields,
23
parks, beaches and the like.
24
10.
Auditorims; libraries, museums and galleries related to the fine
25
arts, neighborhood or community centers.
26
11.
Garden, service, civic clubs (not for profit).
27
12.
Structures and uses other than those listed above required for
15-40 June 1982
I to waterfront areas appropriate to public needs and needs of the occupants of
2 adjoining properties, and providing both for desirable shade and shelter in
3 pedestrian area (and particularly plazas), and solar access where necessary
4 for the provision of energy, or for other purposes.
5 It is intended that major portions of principal buildings shall in general
6 be in the form of slender towers, leaving ample open spaces at or near the
7 ground, minimizing impediments to portions of the horizon arc involving
8 important views, and protecting the open character. Principal buildings shall
9 not take the form of low, massive slabs with high ground level lot occupancy
10 that constitute major impediments to desirable views and to light and flow of
I I air at ground level.
12 In consideration of proposed concentration of residential occupancy in
13 the district and the availability of mass transit, these regulations are
14 intended to promote pedestrian comfort and convenience, and to protect
15 against dominance of the character of the district by automobiles. To this
16 end, it is intended that offstreet parking requirements be minimal, and that
17 parking shall be for the most part within structures so located and designed as
18 to minimize visual impact. It is further intended that accessory parking
19 structures be low in profile, and that their top decks, where seen from
20 principal buildings, shall present an attractive appearance.
SECTION 1552. SPECIAL PERMITS.
1552.1. When Required.
21 No building permit shall be issued within the boundaries of the SPI-5
22 district affecting the height, bulk, location or exterior configuration of any
23 existing building, or for the erection of any new principal structure or for the
24 location, relocation or enlargement of any vehicular way affecting any area
25 designated or serving as a plaza area, until a special permit has been issued.
15-37 June 1982
0
41P
ri-
I
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
3.
4.
5.
6.
7.
8.
9.
10.
12.
Banks, savings and loan associations, and similar financial institu,
tions, provided that drive-in facilities for such establishments
shall be permissible only subject to the requirements of Section
1553.3 and 2031, and that there shall be no entrances or exits to
such facilities from major streets.
Restaurants, provided that in this district service in adjacent
plazas or other pedestrian open space shall be permitted. Drive-in
restaurants shall not be permitted. Where alhocolic beverage
service is permitted in restaurants, in accessory cocktail lounges
and/or at tables for general service, the limitations on size and
ground -floor locations applying in Section 1553.2, below, shall not
app! Y.
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.
Child care centers, subject to applicable provisions of Section
2036.4 and 5.
Hospitals, convalescent homes, nursing homes, institutions for the
aged or infirm, community based residential facilities.
Places of worship.
Recreational buildings and facilities, playgrounds, playfields,
parks, beaches and the I ike.
Auditorims; libraries, museums and galleries related to the fine
arts, neighborhood or community centers.
Garden, service, civic clubs (not for profit).
Structures and uses other than those listed above required for
15-40
June 1982
I performance of a governmental function, except uses involving
2 extensive storage or with storage as the primary purpose,
3 13, Structures and uses relating to operation of public utilities and
4 requiring location within the district to serve it or neighboring
5 districts; railway rights=of-way and tracks or other special ways
6 for mass transit facilities; mass transit stations; but not railroad
7 yards, storage or warehousing, switching or shops; provided that
8 no such public utility use shall involve extensive storage or have
9 storage as its primary purpose,
1553.2, Permissible Subiect to Limitation Within the District Limitation
as to Location in Buildings, or on Lots, or Limitation as to ize o
Individual Establishments.
10 Fifty (50) percent of the floor area of the following establishments, as
I I principal uses, shall be limited to location on the ground floor of buildings
12 predominantly in office and/or residential uses, or in ground floor locations in
13 parking garages which are either principal or accessory uses. Individual
14 establishments shall provide at least 50 percent of transparent window
15 opening in their frontage, shall not exceed 10,000 sq.ft. in floor area, and
16 shall front on pedestrian portions of the right-of-way of streets or on other
17 pedestrian open space with public access from streets, or on internal arcades
18 with public access from streets:
19 a, Retail establishments, as for CR- I districts.
20 b. Service establishments, including photographic studios; barber and
21 beauty shops; tailoring, dressmaking and millinary shops except
22 where products are for off -premise sale; duplication centers;
23 laundry and dry cleaning agencies (not including laundering or dry
24 cleaning on the premises); ticket and travel agencies.
15-41 June 1982
r
1553.3. Permissible_ar l,y by Spe yal, x p, Lion.
I I. Drive in facilities for financial institutions.
2 2. Bars, night clubs, supper clubs and theaters.
3 3. Marinas.
4 4. Parking lots, parking garages, provided that there shall be no
5 vehicular access to such facilities directly from major streets.
6 Parking lots with any portion adjacent to a major street may be
7 permitted as a temporary use only, with tirne limits and conditions
8 for renewal (if allowable) specified, and with special requirements
9 concerning improvement of portions of lots adjacent to major
10 streets or other streets with principal pedestrian flows to provide
I I buffering and reduce potential adverse effects on such flows.
12 5. Private clubs, lodges, fraternities and sororities.
SECTION 1554. PERMISSIBLE ACCESSORY USES AND STRUCTURES.
13 Use and structures which are customarily accessory and clearly
14 incidental to permissible principal uses and structures shall be permitted
15 subject to limitations established by these or generally applicable regulations,
16 subject to modifications and specific requirements as established below:
1554.1 Modifications of Application of Section 2003.
17 The provisions of Section 2003 shall apply within this district with the
18 following modifications:
19 a. All determinations on accessory convenience establishments (Sec-
20 tion 2003.7.3) shall be made in connection with Class C special
21 permits covering general applications for the development as a
22 whole, provided that where such general determinations do not
23 include particular types of uses proposed later, subsequent Class C
15-42 June 1982
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
special permits shall be required►
b+ Limitations on size of restaurants as accessory convenience
establishments (Section 2003,7,4) shall not apply its 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.
1554.2. Driveways, Pedestrian Loading Areas and Related parking, as
Affected by Location of Major Pedestrian System.
Where a major pedestrian system has been designated within its district;
a. Driveways providing access to major accessory parking structures
shall not cross the pedestrian ways thus designated if other access
is reasonably feasible. Where no other access is reasonably
feasible, grade separation of pedestrian and vehicular traffic, or
such other measures as will minimize interruptions of pedestrian
flow, shall be required.
b. Where the scale or character of principal uses and orientation of
property is such as to require the establishment or passenger
loading areas, and logical location of such areas and access
driveways is within or across the designated pedestrian system,
without reasonable alternative, grade separation or such other
measures as will minimize interruptions of pedestrian flow shall
be required. In relation to such passenger loading areas, parking
other than within structures shall be limited to 5% of the
minimum required for uses on the premises.
As appropriate to the circumstances of the case, use of such
parking spaces shall be limited to cab stands, parking for the
15-43
June 1982
I handicapped, parking for specified periods not to exceed maxi
2 mums established, at as otherwise appropriate,
3 Except when combined with driveways described at (a), above, no
4 such driveway shall be used as a principal access to major
5 accessory offstreet parking on the premises, provided that in
6 relation to hotels or other uses combining passenger loading areas
7 with attendant parking of vehicles, incidental access to such
8 major parking facilities may be permitted, subject to limitations
9 reducing potential conflicts with major pedestrian movements.
1554.3. Outdoor Displaysy Exhibits Sales Service of Food or Drinks or
Other Activities.
10 Where approved by general Class C special permit in connection with
I I original development, or in subsequent Class C special permit action, as to
12 location, design, improvement, provision for maintenance and provision for
13 free pedestrian movement through the area without unreasonable interruption
14 by such facilities or activities, outdoor exhibits, displays, sales, service of
15 food or drinks, or other activities may be conducted in pedestrian open space,
16 including plazas, whether or not such facilities or activities are customarily
17 accessory to the adjacent principal use. Areas, activities and facilities so
18 approved may be used for regular, intermittent, or temporary special events
19 without further permitting which might otherwise be required under these
20 zoning regulations, but shall not be exempted hereby from requirements for
21 other permits.
1554.4. 022n Shelters Dis2lay Stands and Cases Bulletin Boards Kiosks
Outdoor Service Facilities for Food or Drink, Exemptions trorn
Yard or 022n Space Occbp6ncy Limitations and from Inclusion in
loor Area for Purpose of Faulk Limitation or om utation a
orar inq Requirements; Limitations.
22 Where approved by general Class C special permit in connection with
15-44 June 1982
I original development, or in subsequent Cuss C special penult action, roofed
2 shelters open at the side and for at least 40% of perimeter of coverage,
3 temproary fabric roofs or windbreaks, exhibit and display stands and cases,
4 community or neighborhood bulletin boards or kiosks, and facilities for out-
5 door service of food or drinks May be permitted in appropriate locations in
6 plazas or other pedestrian open space. If so approved, such shelters,
7 structures or facilities shall be exempted from limitations generally applying
8 to occupancy of yards or pedestrian open space, and sheltered areas as
9 indicated and areas for service of food or drinks shall not be included in floor
10 area limited by floor area ratios on the property, or counted in computing
I I offstreet parking requirements, but occupancy by such shelters, structures or
12 facilities shall not exceed 25% of total pedestrian open space required in
13 relation to the property.
SECTION 1555. RESERVED.
SECTION 1556. MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITA-
TIONS; _ _INIMUM OPEN SPACE HE UIR MEN S, M A-
T I ONS.
1556.1. Minimum Lot Requirements.
14 Minimum lot requirements for residential uses or non residential uses
15 shall be a minimum gross lot area of 6500 sq.ft, and a minimum lot width of
16 50 feet.
1556.2. Floor Area Limitations.
1556.2.1. Floor Area Limitations for Residential and Non Residential
uildin s.
17 Except as modified by Seciton 1556.2.2. below:
18 1. The total floor area for a residential building shall not exceed 3.75
19 times gross lot area.
20 2. The total floor area for a non residential building shall not exceed
15-45 June 1982
1 2.25 times gross lot area
1556.2.2.
2 With the approval of the Urban Development Review Board, the floor
3 area and/or floor area ratio shall be increased in conformance with the
4 following provisions and limitations:
5 I. Larger Lots: The floor area ratio shall be increased in
6 conformance with the following chart: (a) for residential buildings
7 (with ground level retail, service or restaurant uses, permissible)
8 on lots adjacent to the Miami River or Biscayne Bay, or (b) for
9 residential or non residential on lots located anywhere else in the
10 district.
70,000
LL 60,000
co
v
50,000
o:
a
0
40,000
z
a
J
U)
30,000
0
0
20,000
10 000
5
0 .1 .2 .3 .4
LAND USE INTENSITY (FAR)
ALLOWABLE INCREASE IN FAR FOR
LARGER LOTS IN THE SPI-5 DISTRICT
15-46 June 1982
23
24
25
26
2.
Mixed Use, Duildinas: For every sq,ft, of gross residential floor
area that a combination residential and non residential building
provides, the floor area shall be increased by one sq,ft. for any
tf-
permissible use not to exceed a total increase of 1,5 times gross
f-
Ki-
lot area with a total FAR not to exceed 3,75 times gross lot area.
3.
Retail Service,- Restaurant Uses at Ground Level: For every sq,ft.
of ground level retail, service or restaurant uses in conformance
with the requirements and limitations of Section 1553.2, the floor
•
area small be increased by one sq,ft. for any permissible use, not
to exceed a total increase of .4 times gross lot area. At least 50
percent of the retail, service, or restaurant uses shall be located
at ground level.
4.
Underground Parking: For every four sq.ft. of underground
parking (the top of the roof of the underground parking shall not
exceed 3.5 feet above any adjoining public sidewalk) that a
building provides the floor area shall be increased by one sq.ft, for
any permissible use.
5.
Waterfront Walkway: For every 20 lineal feet of landscaped
waterfront walkway along the Miami River or Biscayne Bay
designed in accord with the City of Miami Guides and Standards,
the floor area ratio shall be increased by .0075 times gross lot
area.
1556.2.3. Parking Garages as a Principal Use.
For parking garages as principal uses, total floor area in structures
containing parking garages shall not exceed FAR 2.5 times net lot area. For
purposes of these controls, such floor area shall include all floor area within
the structure, including area used for parking and any area used for
15-47 June 1982
I establishments indicated at Section 1553.21 or for restaurants, which shall be
2 prernitted in connection with panting garages as incidental principal uses.
3 Such establishments or restaruants, in addition to restrictions otherwise
4 established by these regulations shall not in combination occupy more than
5 20% of the floor area of the building, but to the extent that upper deck areas
6 are used for outdoor service, such deck areas shall not be included as floor
7 area for purposes of these limitations. Any such incidental principal uses
8 shall be located and oriented along lines of pedestrian flows, either adjacent
9 to ground -level pedestrian open space or to partly -covered or interior
10 arcades.
II Other than fixed yards requirements applying to all buildings, no
12 additional open space or pedestrian open space need be provided, but at least
13 75% of the area of any yard provided adjacent to a street shall be reserved
I� 14 and improved as pedestrian open space. Plaza requirements shall not apply to
15 parking garages as principal uses.
1556.2.4. LUI Ratings and Related Ratios Applying Within District.
16 I. The LUI tables as shown in Section 2011.1.1 shall apply to
17 residential, non residential and combination residential and non
18 residential use buildings within the SPI-5 district. The tables are
19 based on gross lot area and all computations concerning increases
20 in floor area as allowed in Section 1556.2.2 shall be converted into
21 floor area ratio, as derived from gross lot area, to apply the
22 correct LUI number and its related ratios. For example, assume a
23 gross lot area of 20,000 sq.ft, an FAR of 2.25, and an allowed
24 increase of 5,000 sq.ft.; the computation would be 20,000 x 2.25 +
25 5,000 = 45,000 + 5,000 = 50,000 :- 20,000 = 2.5 times gross lot area
26 with a LUI rating number of 76 (the closest number ).
15-48 June 1982
6
7
8
9
10
II
12
13
14
15
16
17
18
2. Scic�! Place Re uirertint ,f�sr.Not� Residential guiidih, s,
Plaza space, designed} improved and located as required herein,
shoII be provided of 10% of required pedestrian open space,
provided thatin no case shall less than 400 sq,ft, of plaza space be
required with a minimum dimension of 20 feet.
1556.3,
1556.3.1. Front Yards.
I. Adjacent to Brickell Avenue, all yards shall be 30 feet in minimum
depth. Except as provided at Section 1554.2, there shall be no
driveways or offstreet• parking in any yard between Brickell
Avenue and the nearest protion of any building.
2. Adjacent to other streets, front yards shall be a minimum of 20
feet in depth. When vehicular access to the lot is available from a
side street, no such access shall be permitted from the front
street. Where lots have double frontage, if vehicular access from
a side street is not available, such access shall be from the
frontage of the street anticipated to carry the least amount of
traffic. Where double exists as to future relative traffic loads,
points of access shall be established in the course of Class C
Special Permit proceedings.
1556.3.2. Other Yards.
19 Except as greater dimensions are required for building spacing, street
20 side yards and all interior yards (side, rear and special) shall be a minimum of
21 15 feet in least dimension, provided that where buildings on adjoining
22 properties are built to common walls at interior property lines, yards which
23 would otherwise be required may be omitted, and that where equivalent
5-49
June 1982
■
I spacing is maintained between buildings on adjoining property udder transfers
2 of development rights, yard dimensions on both sides of the property lines
3 involved may be varied accordingly, subject to approval in Class C Special
4 Permit determinations.
1556.1.3. Parkin Prohibited in Required _ Yards Adjacent _to. streets;
Landscaping Required.
5 Required yards adjacent to streets shall not be used for offstreet
6 panting. Except for portions authorized for vehicular access, such required
7 yards shall be appropriately landscaped and provided with pedestrian ways.
1556.3.4. Application of LUI Ratios• Exception as to General Method of
Application in this District• Prohibition Against Creation of PD
Districts.
8 Notwithstanding the manner in which sector numbers apply generally to
9 the areas indicated on the Official Zoning Atlas, floor area, open space, i
10 livability space, pedestrian open space, and offstreet parking requirements
I I for residential and non-residential uses shall be as shown in Section 1556.2.4
12 and the special review procedures established herein, and no PD district shall
13 be hereafter established within the boundaries of this district.
1556.3.5. Building Spacing.
14 Yards as required above shall be increased as necessary to meet _
15 requirements of Section 2013, Open Space and Building Spacing in RG and
16 PD-H Districts, and the building spacing requirements set forth therein shall
17 govern distances between buildings and portions of buildings where more than
18 one building is erected on a lot. For building spacing purposes, in the case of
19 non-residential buildings or portions thereof, all wall other than tertiary walls
20 shall be construed to be secondary walls.
15-50 June 1982
1556.1.64
I Pedestrian open space shall be provided, improved and maintained as
2 generally required, and may be used ds generally provided or as especially
3 provided in this district. Such space shall be at ground level, provided that in
4 connection with particular Class C Special Permit determinations, not to
5 exceed 10% of required pedestrian open space may be permitted to be in
6 approved above -ground locations on roofs or decks of parking garages
7 appropriately improved and landscaped for such purposes.
1556.3,6.1. Special Requirements for plaza Arep Seating, Landscaping.
8 As a portion of such pedestrian open space, there shall be provided in
9 this district plazas in an amount equal to at least 10% of total requirement,
10 which shall be located at ground level where it will be accessible frorn public
I I ways. Such required plaza area shall be improved for intensive pedestrian use
12 and enjoyment as follows:
13 1. One lineal foot of seating in the form of benches shall be provided
14 for each 50 sq.ft. of required plaza area. Such seating shall be in
15 addition to any chairs provided in connection with outdoor service
16 for food or beverages.
17 2. Trees shall be provided as follows: One per 500 sq.ft. for plazas
18 up to 2,000 sq.ft. of required plaza area; one per 800 sq.ft. for
19 plazas up to 6,000 sq.ft. in required area; and one per 1,000 sq.ft.
20 for plazas exceeding 6,000 sq.ft. in required area. Each such tree
21 shall have a minimum of 200 cubic feet of soil, 42" deep and an
22 open planting bed of at least 50 sq.ft. Raised boundary walls
23 around such planting beds shall be not more than 16 inches in
24 height. Where required plazas adjoin public rights of way, one
25 tree shall be provided every 30 linear feet along the perimeter in
15-51 June 1982
I the grassed area between the sidewalk and the roadway or ►n the
2 sidewalk where grassed areas do not exist. Sidewalk tree planting
3 surfaces shall be a minimum of 10 sq.ft.
4 Varieties of trees selected shall be appropriate to location. Where
5 plazas or perimeter planting areas are shaded by buildingsy
6 selection shall be made accordingly.
1556.3.6.2, Through Block_ Connections.
7 A pedestrian walkway connection shall be provided between parallel
8 public streets and to the waterfront at least every six hundred (600) feet,
9 where such connection is not available within public street rights-of=way or in
10 the form of an existing connection on private property. The walkway shall be
I I open to the public during normal business hours and shall not be located closer
12 than two hundred (200) feet from any parallel public street or other through
13 block connection; it may be open, covered or enclosed, and shall meet the
14 following design standards:
15 I. The floor of the walkway shall be level with the public sidewalk at
16 each end, and shall have a minimum average width of 20 feet and
17 maintain a minimum 12 feet of unimpeded walkway along its
18 entire length. The minimum ceiling height shall be 18 feet if
19 enclosed.
20 2. Amenities for pedestrian use and enjoyment such as landscaping,
21 seating, display space, vendors, and retail stores at the sides shall
22 be provided.
1556.3.6.3. Waterfront Walkways.
23 All waterfront lots shall provide a continuous pedestrian walkway along
24 the edge of the waterway which shall be open to the general public during
25 normal business hours and designed in accord with City of Miami Guides and
15-52 June 1982
I Standards,
1556,17, $pec'tgl D sign�Cortsj etatidns/
2 I, All buildings shall be designed to:
3 a, preserve significant views at upper and lower levels from
4 nearby buildings of Biscayne Bay, the Miami Rivers and
5 Brickell and Miami Avenues.
6 b. appropriately screen ground or rooftop mechanical equip-
7 ment and utility service areas visible from nearby buildings
8 with landscape or architectural materials,
9 2. Buildings within close proximity to adjacent districts to the south
10 (RG-3, RG-2.I, RG-2.2) should be designed to either minimize or
I I eliminate any shading of a principal structure or a recreational
12 use area between 10:00 am and 100 pm.
SECTION 1557. HEIGHT LIMITATIONS.
13 Height shall be limited according to the Land Use Intensity ratings as
14 shown below and in addition: when parking garages are permitted as a
15 principal use, plane III shall be 50 feet; where accessory parking is provided,
16 other than underground, the structure housing such parking shall not exceed
17 35% of the height of the tower.
Plane 11 (feet)
Light planes, side and rear
(degrees)
Plane III (feet)
Land Use Intensity Ratings
72-74 75-80 81-85
T6— _8(- 100
80 80 80
SECTION 1558. OFFSTREET PARKING AND LOADING.
18 In addition to the offstreet parking requirements established at Section
19 1556.2.4 and non-residential uses for which parking requirements are not
20 otherwise established, the requirements of RG-4 shall apply for uses for
15-53 June 1982
1 which special requirements are established there.
2 Offstreet loading requirements shall be as provided in Sections 2022.
3 20231, provided that special permit requirements set forth therein shall be
4 waived in cases where new developments involving general Class C special
5 permits cover the same matters.
6 Offsite parking shall be permissible as provided in Section 2018)
7 provided that in this district general Class C special permits may cover
8 matters requiring other special permits as in the case of offstreet loading,
above.
10 Within this district, 90% of all offstreet parking, required or other, in
II relation to a principal use, shall be within enclosed structures on the
12 premises, except where offsite parking is authorized as provided above. A
13 number of parking spaces equal to not more than 5% of the required number
14 of offstreet space may be authorized in connection with passenger loading
15 areas. A number of parking spaces equal to not more than 10% of the
16 required number may be permitted in the open, at ground level or on parking
17 decks for which architectural treatment and screening from ground -level or
18 other views has been approved in Class C Special Permit procedures.
19 The upper surface of underground parking structures shall not exceed a
20 height of 3.5 feet above the average grade of the abutting public sidewalk and
21 no parking shall be permitted on top of that portion of an underground parking
22 structure which is above the established grade except as provided above in
23 relation to open parking on decks. Underground parking structures shall be
24 set back a minimum depth of ten feet from adjoining street lot lines, and five
25 feet from interior side and rear lot lines. In no case shall open parking be
26 permitted on such decks within required street permitted on such decks
27 within required street yard areas.
15-54 June 1982
I Above ground parking structures shall not front on Brickell Avenue or
2 the waterfront Unless they are visually compatible with the Principal Use
3 structure and the special character of the district.
SECTION 1559. LlMlTATlQN5..,%t5j.GNS.
4 Sign limitations shall be as provided for RG 2 districts,
15-55 June 1982
W7
SECTION 15604 API=6: ��NTf�AL Cc�MM�RCIAL_I�E5iDENT1Al, biSTl�iCt.
Sr-C 'ION_I56I. IN�NT►
I This district is of special and substantial interest because of its
2 proximity to the Central Business District, and the need to provide supporting
3 and complernentory high density residential and office development with
4 major retail shopping and entertainment activities.
1561.1. Intent Concernin Uses, Intensity, Traffic Mn_and Pedest
tlo Man. Snnee. _hnrncri tPw nr,re-itp7lirn! g,"M,
5 Concerning uses, it is intended that residential development be pro-
6 moted by allowing higher floor area ratios for residential development or for
7 combinations of residential with office, service, and retail uses.
8 It is intended to increase desirable pedestrian activity by mandating
9 ground level retail and service uses with strong pedestrian orientation on
10 frontages along major public walkways. By encouraging uses, activities,
II arrangements, and amenities that generate pedestrian street fife, the
12 pedestrian walking experience will be diversified, stimulating, and enhanced.
13 Further, this district recognizes the substantial access and energy
14 conservation advantages afforded by the proposed Downtown Component of
15 the Metrorail Transit system and permits greater development intensities to
16 sites in close proximity to rapid transit stations.
17 Due to the increased traffic burden on public roads and sidewalks that
18 will be caused by the substantial increase of permitted development intensity
19 in this district, it is intended that public walkway systems be increased com-
20 mensurately by the creation of plazas and promenades within the districts
21 yard and setbacks requirements, and by through block connections. The scale
22 and utility of these widened walkways will complement and interconnect the
23 high intensity development fostered by this district. To promote pedestrian
24 comfort and convenience, it is intended to locate vehicular entrances to
15-56 June 1982
I properties in such a manner as to not disrupt pedestrian flow on major
2 pedestrian walkways.
3 As a significant view corridor of special character and a major link to
4 the central business district, it is intended to protect and enhance the unique
5 aesthetic and functional qualities of Biscayne Boulevard by requiring
6 additional open space, yard, and setbacks for building frontage on the
7 Boulevard,
8 To relieve the dense spatial quality of the district, and to provide a
9 transparent link between interior and exterior pedestrian environments, a
10 percentage of lot area is mandated as a well landscaped plaza activity area
I I that will border on the adjacent street. It is intended that these plazas form
12 strong active pedestrian areas linking adjacent streetscapes to building
13 interiors.
14 It is intended that large scale, yet diverse architectural designs are to
15 be encouraged as statements of regional significance and the inherent social
16 and economic complexity of the district. However, to ensure ground level
17 compatibility of projects, it is intended that the landscaping, paving
18 materials, street furniture compliment the district as a whole, and provide a
19 uniform, yet diverse environment for its users.
20 As appropriate for public needs, and the needs of building occupants it
21 is intended that the upper protions of principal buildings be designed with the
22 long axis in an east -west direction to preserve view corridors to Biscayne Bay
23 from buildings located inland. Further, it is intended that low roof decks
24 shall present an attractive appearance when viewed from above either from
25 the principal building or adjoining properties.
26 Consistent with the complex dense urban character of the center city,
27 it is intended that emphasis be given to graphics, signs and lighting as a
28 means of projecting color, vitality, excitiement and blend of activity,
15-57 June 1982
I Change is the Ivey; animation of irridges the objective, a true, understahable
2 expression of the center city is the putpose6
SECTION .156. SPECIAL PERMITS.
I562,.1. When e uit'ed,
3 No building permit shall be issued within the boundaries of the Vk6 _
4 district affecting the height, bulk, location or exterior configuration of any
5 existing principal structure, the construction of any new structure, or the
6 location of relocation or enlargement of vehicular ways or parking areas on
7 private property until a special permit has been issued. Except as otherwise
8 indicated in connection with specified uses, a Class C special permit shall be
9 required.
1562.2. Materials to be Submitted with Applications.
10 Materials to be submitted with applications for such permits shall be as —
I I required generally at Section 2304. Site and building plans and related —
12 reports shall be in such detail, and of such a nature, as to facilitate the —
13 making of determinations in the particular case as to conformity with the
14 principles established below. —
1562.3. Considerations Generally; and Special Considerations.
1562.3.1. Considerations Generally.
15 The general purpose of such special permit considerations shall be to
16 determine conformity of the application as submitted, or with such conditions
17 and safeguards as may reasonably be attached to assure such conformity, with
18 the requirements and expressed intent to these regulations as applying
19 generally throughout the district, as well as to any conditions, limitations or _
20 requirements, specified for particular uses or locations. In making major
16 21 determinations in this class of cases, the planning director shall obtain the
15-58 June 1982
I advice and recommendation of the Urban bevelopment Review Board; in
2 addition, the director shall obtain the recommendation of the Public Works
3 Department on vehicular traffic circulation.
1562.3.2.
4 Buildings shall be so oriented and designed as to minimize impediments
5 to water views from principal public viewpoints at both ground and upper
6 levels. In determinations concerning such views, preference shall be given to
7 east -west orientations and design giving the least cumulative impediment to
IL^
15
horizon arcs including such views.
In light of the special importance of Biscayne Boulevard serving as a
gateway to the central business district for both vehicles and pedestrians,
special attention shall be given to building bull< and its relationship to open
spaces, plazas, landscaping, signs, paving, and street furniture. Building
development facing Biscayne Boulevard shall be so designed or to project an
inviting, dynamic, but compatible environment, signifying a special place with
a well defined circulation system.
16 Review of projects on Biscayne Boulevard and elsewhere must neces-
17 sarily include their relationship to other existing or proposed developments,
18 as to pedestrian and vehicular circulation, uses, and compatibility of natural
19 and man made materials.
20
21
22
23
24
1562.3.3. Special Considerations on Required Ground Level Uses for Certain
Streets and Plazas; Pedestrian Walkways.
Ground level frontage on Biscayne Boulevard, N.E. 15th Street, and on
required Plazas shall be developed for uses promoting pedestrian traffic.
Pedestrian open space for these uses shall be accessible to the public during
business hours and shall be so located, designed, improved, and safeguarded to
provide convenient, ❑ttractive, and secure areas for outdoor exhibits, displays
15-59 June 1982
1 and sales, and other activities appropriate to permitted ground floor uses or
2 generally along pedestrian walkways
3 Pedestrian walkways shall be designed to ensure adequate continuous
4 circulation space, while permitting, where appropriate, certain activities,
5 landscaping, or street furniture such as outdoor cafes, temporary displays,
6 kiosks, sculpture, signs, and the like to encroach on the walkways.
1562.3.4. Special Considerations on Vehicular Access to Property.
7 Because of the high intensity of development within this district, the
8 large volumes of traffic anticipated within it and through it, and the intent to -
9 design for pedestrian comfort and, convenience, special consideration shall be
10 given to separation of vehicular and pedestrian traffic and to the design and
I I location of vehicular entrances to passenger loading facilities and offstreet
12 parking. To both separate pedestrian from vehicular flows and to minimize
13 vehicular friction along major streets, in general, principal pedestrian
14 entrances to buildings shall be along street frontages, particularly where
15 streets with major traffic flows are involved, and vehicular entrances shall be
16 at the side or rear on streets less intensively used for through traffic.
SECTION 1563. PERMISSIBLE PRINCIPAL USES AND STRUCTURES.
1563.1. Principal Uses Permissible on Ground Floor Frontage of Plazas
isca ne Boulevard and N.E. 15th Street between N.E. ZndAve-
nue and a Point'36LO Feet West of the Centerline of North Ba -
s oreDrive; Special Rules on Limitations as to Location of Uses
in uildings or on Lots.
17 I. Only the following principal uses shall be permissible on the
18 ground floor of plazas, Biscayne Boulevard, and N.E. 15th Street.
19 a. Retail establishments as follows: Antique stores, art stores
20 and commercial art galleries; book and stationary stores
AEk
21 open to the general public; card and gift shops; china and
15-60 June 1982
I crockery stores,, drug stares; floor covering, point, and
2 wallpaper stores; florist, including plant and shrub sales;
3 food stores) including bakeries, confectionaries, delicates-
4 sens) fruit and vegetable markets, groceries (limited to 2000
5 square feet per establishment); ice cream stores; general
6 merchandise and furniture stores; gift shops; hardware
7 stores; jewelry stores; leather goods and luggage shops; meat
8 and fish markets; news stands; nursery) shrub and plant
9 stores; office supply stores; package liquor stores (without
10 drive in facilities); pet and pet supply stores, photographic
I supply stores; sporting good and bicycles; T.V. and radio
12 stores; variety and sundry stores; wearing apparel shops.
13 Such establishments may provide incidental repair, mainte
14 nance, alteration, or adjustment services as appropriate, but
15 facilities, operation and storage for such services shall not
16
be visible from any street or pedestrian walkway.
17
b. Service establishments including barber and beauty shops;
18
custom tailoring, dressmaking and millinery shops, except
19
where products are made for off premises sale; coin
20
operated laundry and dry cleaning facilities with rated
21
capacity limited to 25 pounds per machine, 500 pounds total
22
for laundry, and 10 pounds per machine, 40 pounds total for
23
dry cleaning; laundry and dry cleaning establishment with
24
total capacity limited as for coin operated facilities;
25
duplicating centers including letter and photostating serv-
26
ices (work areas for such services shall not be visible from
27
adjacent pedestrian walkways); photographic studio; shoe
28
repair stores.
15-61 June 1982
I c. Art gdllerles, museums and libraries not operated for profit.
2 d. Bars, saloons, and taverns, including those with dancing or
3 live entertainment.
4 e. Supper clubs and night clubs.
5 f, Restaurants, tea rooms, and cafes, including those with
6 dancing, live entertainment and/or outdoor table service
7 (where appropriate).
8 g. theaters, other than drive in.
9 2. The following rules shall apply concerning the location of principal
10 uses on the ground floor frontage of Biscayne Boulevard, and N.E.
I I I5th Street:
12 a. At least 65% of the lot width shall be occupied by principal
13 uses permissible in Section 1563.1, and the remaining
14 frontage may be occupied by uses as provided in Section
15 1563.2. At least 50% of the required 65% frontage shall
16 have transparent window or door openings and such openings
17 shall be maintained in such a manner as to permit full and
18 clear view of the interior, except for areas or activities
19 required to be screened from such view. Each use shall have
20 convenient direct access from the adjacent public walkway.
21 3. The following rules shall apply concerning the location of principal
22 uses on the gound floor frontage of required Plazas:
23 a. At least 50% of perimeter walls of the required plaza shall
24 be occupied by uses permissable by Section 1563.1, and the
25 remaining frontage may be occupied by uses permissable as
26 provided at Section 1563.2.
15-62
June 1982
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1563.2.
I. In addition to all uses permissable on ground floor frontage as
listed in Section 1563.1 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 1563.1,
a. As for RGy2.2 for uses permitted or permissable therein,
provided that in this district, regardless of special permits
required in RG-2.20 all uses require a Class C Special Permit
unless otherwise specifically provided.
b. Hotels and other facilities for transient dwelling or lodging.
C. Offices, clinics, studios (other than dance), laboratories,
travel agencies, and ticket agencies.
d. Banks, savings and loan associations, and similar financial
institutions, provided that drive in facilities for much
establishments shall be permissable 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 scien-
tific 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.
15-63
June 1982
16
1
I.
Offsite signs, subject to the limitations of Section 1569,
2
2. The following uses shall be permissible only by Special Exception
3
in
locations above or behind establishments required by Section
4
1563,1, or elsewhere in the district:
5
a.
Automobile rental agency, provided that not more than
6
twenty (20) automobiles, or passenger vans holding up to
7
fifteen(15) passengers, be stored in conjunction with such
8
establishment, and that no repair or service facilities,
9
except for gasoline pump be provided.
10
b.
Drive-in service facilities for financial institutions or other
I I
uses.
(2
C.
Local stations (other than bus stops) for mass transit faci-
13
lities.
14
d.
Parking facilities for apartment buildings providing more
15
than 1.1 offstreet parking spaces per dwelling unit.
16
e.
Parking facilities for commercial or hotel uses.
17
f.
Parking facilities for use by the general public.
18
g.
Structures and uses relating to the operations of public
19
utilities and requiring locations within the District to serve
20
it ,or neighboring Districts; railway or other transit rights-
21
of -way and tracks, but not yards, storage, warehousing,
22
switching or shops. No such use shall involve extensive
23
storage or have storage as its primary purpose.
24
h.
Structures and uses, other than those permitted generally,
25
required for performance of a governmental function,
26
except those involving extensive storage or with storage as
Ip
27
the primary purpose.
28
1.
Privately -owned and/or operated recreation buildings and
15-64 June 1982
I facilities (other than as permitted generally), playgrounds,
2 playfields, parks, beaches, neighborhood centers, audi-
3 toriums) libraries) art galleries, museums and the like;
4 j. Private clubs, lodges) fraternities) sororities) and the like,
5 operated for profit,
1563,3. Limitations on Uses.
6 1. Except for outdoor dining and drinking places, exhibits of arts and
7 crafts, flowers and plants, parking lots, parking garages) and other
8 uses as authorized by special permit, all activities shall be
9 conducted with completely enclosed buildings.
10 2. Aside from antique stores, art galleries, and book stores, no
I I establishment shall deal in second hand merchandize.
12 3. All products shall be sold at retail on the premises. No whole-
13 saling or jobbing shall be conducted from within the district.
SECTION 1564. PERMISSIBLE ACCESSORY USES AND STRUCTURES;
LIMITATIONS; L I L REQUIREMENTS.
14 Uses and structures which are customarily accessory and clearly inci-
15 dental to permissible principal uses and structures, approved in the same
16 special permit proceedings, and initiated or completed within anytime limits
17 established generally or in relation to the special permit, shall be permitted.
18 subject to limitations established by these or generally -applicable regulations.
19 The following special limitations or exceptions shall apply to accessory uses
20 and structures in this district:
1564.1. Driveways, Pedestrian Loadina Areas and Related Parkina. as
Affected bZ Location of Pedestrian CirculationPlazas and Major
treets.
21 a. Driveways providing access to accessory parking lots, structures,
22 offstreet loading, and the like, shall not be permitted along Bis-
15-65 June 1982
I cayne Boulevard frontage, Driveways, offstreet parking or
2 loading, shall not be permitted in required or provided Plaza
3 areas, Along all other street frontages, such access drives shall
4 not cross major pedestrian ways or be from major streets if other
5 access is reasonably feasible. Wherever special curbside dropoff
6 lanes are requested by private development, minimum yards and
7 setbacks shall be adjusted to provide the some amount of
8 pedestrian walkway area.
9 b. All access drives from streets shall require the approval of the
10 Miami Public Works Department as part of the Special Permit
I I proceedings,
1564.2. Outdoor Displays, Exhibits, Sales, Service, of Food and Drink or
Cher Activitiesi Open Shelters Display tands Bulletin Boards
Kios st ServiceFacilities; Exemptions from Yards or Open bpace
Limitations and from Inclusion in Floor Area Computations;
Limitations.
12 I. Where approved by Class C Special Permit in connection with
13 original development, or in subsequent Class C Special Permit
14 action, as to location, design, improvement, provision for main-
15 tenance and management, and provision for free pedestrian
16 pedestrian movement through the area without unreasonable
17 interruption by such facilities or activities:
18 a. Outdoor displays, exhibits, sales, service of food and drinks,
19 or other activities may be conducted in pedestrian open
20 spaces, including required plaza area, whether or not such
21 activities are customarily accessory to the adjacent princi-
22 pal use. Areas, activities, and facilities so approved may be
23 used for regular, intermittent, or temporary special events
24 without further permitting which might otherwise be
I5-66 June 1982
15
16
17
18
19
20
21
22
23
required under these toning regulations, but shall not be
exempted from requirements for other permits.
b. 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 pedes-
trian 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.
Co Occupancy by such shelters, structures or facilities shall not
exceed sixty (60) percent of the required plaza area.
1564.3. Special Requirements for Signs, Fountains, Kinetic Sculpture, and
Animation.
Each development shall have one 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.
1564.4. 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 B Special Permit subject to the following
conditions:
I. Such use shall not be established for a period exeeding fifteen (15) days,
nor shall any one location be used within ninety (90) days for a similar
purpose.
2. No acoholic beverages shall be sold on the premises.
15-67
June 1982
0
51'CTIQN 1565, RI=SERVFb�.
5FQtioN_1566.
1566.1. Min%mum Lot Requiretrentsr
I There shall be no specific dimensional requirements, but lots shall be of
2 sufficient size to conform with other requirements and limitations of these
3 and other lawful regulations.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
1566.2. Floor Area Limitations.
I. The floor area for commercial, office and other non residential
use buildings shall not exceed:
a. 6.0 times net lot area if the main building entrances is more
than 1200 feet walking distance from a designated station
mezzanine of the Regional Rapid Transit system or 600 feet
from a designed station mezzanine of the People 'Mover
system.
b. 8.0 times net lot area if the main building entrance is less
than 1200 feet walking distance from a designated station
mezzanine of the Regional Rapid Transit system or 600 feet
from a designated station mezzanine of the People Mover
system.
2. The floor area for residential buildings shall not exceed 9.0 times
net lot area.
3. The floor area for buildings containing a minimum of 25 percent
residential and 25 percent non residential uses shall not exceed
10.5 times net lot area.
RM
June 1982
1566.3. Minirnurrl Op 5pgy p RNurretrer ts.
1566,3.1. Front and Street Side Yards.
1 I. Adjacent to Biscayne Boulevard, all yards shall be 15 feet in
2 minimum depth,
3 2. Except as provided in Section 1566.3.3) adjacent to other streets,
4 front and street side yards shall be a minimum of 5 feet in depth.
5 3. Adjacent to N.E. 13th, 14th, 15th, and 16th Terraces, there are no
6 minimum yard requirements.
1566.3.2. Other Yards.
7 Except as greater dimensions are required for building spacing, there -
8 are no rninimurn requirements for all interior yards (side, rear, and special).
1566.3.3. Embayments, Setbacks and Arcades.
9 Except as modified by Section 1566.3.6, following are the requirements
10 for emboyments, setbacks and arcades:
I I I. Adjacent to Biscayne Boulevard, buildings may not be set back
12 more than a maximum depth of 20 feet, except when an arcade or
13 emboyment is included in the frontage in which case a maximum
14 depth of twenty eight (28) feet is permissible.
15 2. Adjacent to other streets, a minimum setback of fifteen (15) feet
16 in depth, and eighteen (18) feet in height shall be provided.
1566.3.4. Parking Prohibited in Required Yards and Setbacks Adjacent to
treets• Landsca in an Street urniture Re uire Design'
Standards.
17 1. Required yards and setbacks adjacent to*streets shall not be used
18 for offstreet parking.
19 2. Except for portions authorized by Special Permit for vehicular
20 access, all required yards, setbacks, and sidewalk area within the
15-69 June 1982
is
I
public right=ofhway adjacent to streets shall be a continuous
2
pedestrian space suitably landscaped and developed with appro-
3
priate street furniture according to the following design stars-
4
dards:
5
a. Street furniture shall be provided including benches, trash
6
receptacles, pedestrian walkway lighting, bus shelters, and
7
the like; these objects should generally be located from the
8
curb line of the right=of-way to a depth of eight feet. In
9
addition to landscaping, other street furniture such as
10
sculpture, advertising kiosks, signs, and the like may be
I
located in the pedestrian area as long as pedestrian flow
12
patterns are continuous. See Section 1564 for accessory
13
uses.
14
b. Paving materials and patterns shall be compatible with
15
adjacent or nearby properties, and shall be approximately
16
level with established sidewalk grades.
17
C. Except for Biscayne Boulevard, street trees shall be pro-
18
vided four (4) feet from the curb line at maximum thirty (30)
19
spacing. Along Biscayne Boulevard, royal palms shall be
20
provided at established spacing along the curb; special
21
nighttime lighting shall be provided on the palms, and shade
22
trees shall not be planted within fifteen (15) feet of the
23
pal ms.
24
d. Building columns within the required setback area parallel to
25
adjacent right-of-way shall provide a minimum of seven (7)
26
feet between columns for every one(1) foot of column width,
27
and a minimum unobstructed distance of eight (8) feet
28
between the face of a column and the face of a building
29
wall.
15-70 June 1982
1566►3.5. Buildiri�!i .,
Yards as required above shall be increased as necessary to meet re- _
2 quirements of Section 20131 Open Space and Building Spacing in RG and PD-H
3 Districts, and the building spacing requirements set forth therein shall govern
4 distances between residential buildings and portions of buildings where more
5 than one building is erected on a lot.
1566.3.6. Pedestrian Open S ace, S ecial Requirements Concernin Plazas,
6 Pedestrian Open Space in the form of a plaza shall be provided,
7 improved, and maintained as especially provided for this district. Such space
8 shall be at ground level and shall be not less than seven (7) percent of the net
9 lot area.
1566.3.6.1. Special Requirements for Plaza Area, Locations Seating,
Landscaping. '
10 The required pedestrian open space in the form of a plaza shall be open
II and accessible to the public during normal business hours and shall be
4
12 provided, improved and maintained for intensive pedestrian enjoyment as
13 follows:
14 I. Along Biscayne Boulevard, N.E. 15th Street, or Flagler Street, the
15 plaza shall front directly on the street.
16 2: The horizontal dimensions of the Plaza space shall not exceed a
17 one to three proportion. -
18 3. The plaza shall be open to the sky or covered with a visibly trans-
19 parent or translucent material for an area not less than its
20 required size.
21 4. Up to sixty (60) percent of the plaza area may be used for
22 entertainment activities and performances, displays, exhibits, and
23 seating. For permissable accessory use occupancy of the plaza
15-71 June 1982
t
I area see Section 1564,
2 5, A minimum of one (1) shade tree or three (3) palms provided for
3 each 1000 square feet of required or provided plaza area. Each
4 such tree or palm shall have, a minimum of 200 cubic feet of soil,
5 42 inches deep. Varieties of trees and/or palms selected shall be
6 appropriate as to location, available light, temperature and the
7 Pike.
8 6, One lineal foot of seating for each 30 sq.ft. of plaza area. Such
9 seating shall be in the form of benches, sitting walls with a
10 minimum depth of 16 inches and a height of no less than 16 inches
I I or more than 36 inches above the adjacent walking surface, or
12 moveable chairs with each chair counting as 2 lineal feet of
13 seating.
14 7. A minimum overall average level of illumination of not less than
15 two horizontal foot candles (lumens per foot).
16 8. The plaza area shall have direct pedestrian access to any internal
17 or external circulation corridors, malls, lobbies, or similar
18 pedestrian destribution systems in a structure abutting the plaza.
19 9. In general, no two required plazas shall be closer than 300 feet as
20 measured along the path of travel of a pedestrian in the adjacent
21 public right-of-way.
1566.3.7. Pedestrian Through Block Connections.
22 Whenever a development includes a public street closure or right-of-
23 way abandonment that creates a block length in excess of five hundred (500)
24 feet between parallel public streets, a pedestrian through block walkway shall
25 be provided for the width of the block. The walkway shall not be located
26 closer than two hundred (200) feet to either parallel public street, and shall
15-72 June 1982
I be open and accessible to the public during normal business hours. The
2 walkway shall have a rninimum width of twenty (20) feet and a minimum
3 height of ten (10) feet. The walkway shall be appropriately improved for
4 pedestrian comfort and convenience with suitable landscaping, furniture,
5 lighting, and floor materials,
1566.3.8. View Corridors.
6 Buildings shall be so designed and oriented as to minimize impediments
7 to water views from public viewpoints at lower and especially upper levels of
8 buildings located inland from Biscayne Bay. Preference shall be given to
9 east -west building orientations giving the least cumulative impediments to
10 water views.
SECTION 1567. HEIGHT LIMITATIONS.
There are no height limitations except as follows:
12 1. Along street frontages a light plane shall be constructed from the
13 centerline of adjacent streets at an angle of one horizontal to two
14 vertical, and this plane shall govern height of a structure along
15 the street; however, above a height of one hundred (100) feet, the
16 maximum required setback shall be thirty five (35) feet from the
17 street lot line.
SECTION 1568. OFFSTREET PARKING AND LOADING.
18 I. Offstreet or offsite parking is not required or permissable in this
19 district except:
20 a. Multi family buildings shall provide not to exceed .5
21 offstreet parking spaces per dwelling unit.
22 b. Offstreet or offsite parking for offices, commercial and
23 other non residential uses, and offstreet parking exceeding
15-73 June 1982
1
1.1 parkingspaces.per dwell1mg unit in apartHheht buildings is
2
permissable only by special permit. See Section 1563.2,
3
2.
Offstreet loading requirements shall be as provided in Sections
4
2022y2023) provided that special permit requirements set forth
5
there shall be waived in cases where new developments involving
6
Class C special permits cover the same matters.
SECTION
1569. LIMITATIONS ON SIGNS,
7
Signs
limitations shall be as provided for the CR districts with the
8
following
exceptions and modications:
9
I.
Signs, flashing) animated, revolving, whirling, animated, banners,
10
pennants or streamers shall be permitted.
11
2.
Offsite sign shall be permitted limited to one per street frontage
12
and 400 square feet of surface area provided that they are
13
designed to exhibit continuously changing displays of figures,
14
words or graphics through the use of lights, projected images or
15
luminous character generators.
16
3.
Projecting signs (other than marquee signs) shall be limited to one
17
hundred twenty (120) sq.ft. for each sign surface.
18
4.
Ground or freestanding signs shall be limited to directional signs.
19
5.
Kiosk advertising shall be limited to the announcement of events,
20
exhibits, entertainment, and cultural events.
Aft
Mr
15-74 June 1982
SECTION 1570,0 5p1�7 . �� 1 7.2: Bt�ICKELL MIAMi. f�IVEI
COMMERCIAL RESIDENTIAL DISTRICTS,
SEQT12 157 i. INTENT.
I These districts are of special and substantial public interest because of
2 their close proximity to the Central Business District, the Miami River, and
3 the rapid transit station serving the Brickell area.
4 In the interests of reduction of traffic within the City generally and in
5 these districts in particular, of conservation of energy, and of the creation of
6 an intensive urban environment with a 24 hour activity pattern, it is intended
7 that high intensity mixed use development of residential, office, and
8 supporting retail and service uses be encouraged that will provide: innovative
9 design of residential spaces; retail, service, cultural and entertainment uses
10 at ground level oriented towards intensive pedestrian usage; a modified
11 downtown environment with minimal yards, a high percentage of lot
12 coverage, highly usable pedestrian open spaces at ground level, and maximum
_ 13 interrelationship of ground floor uses and exterior public open space.
1571.1. Intent Concerning Uses.
14 Concerning uses, it is intended that multifamily residential occupancy
15 and ground level retail, service, cultural and entertainment uses be
16 encouraged as a part of a mixed use residential -office development through a
17 floor area incentive system.
1571.2. Character, Site Plannina and Architectural Desian.
18 Although it is intended that the character of development be intensive,
19 it is also intended that buildings be designed to provide pedestrians with
20 lively, interesting well landscaped spaces at gound level and outdoor passive
21 or active recreation areas for residents and/or workers at upper levels, and
22 comfort and convenience at all levels.
15-75 June 1982
I In consideration of the concentration of residential, office, and ground
2 level commercial uses in the district, and the availability of rapid transit, and
3 to protect against the dominance of the automobile in the district, it is
4 intended that offstreet parking requirements be minimal, and that such
5 parking, for the most part, shall be in structures so located and designed to
6 minimize the visual impact.
7 It is further intended that roof tops as seen from upper level areas shall
8 present an attractive appearance.
SECTION 1572. SPECIAL PERMITS.
1572.1. When Required.
9 No building permit shall be issued within the boundaries of the SPI-7,
10 7.1, 7.2 districts affecting the bulk, height, location or configuration of any
I I existing building, or for the erection of any new principal structure or for the
12 location, relocation, or enlargement of any vehicular way affecting any area
13 designated or serving as a pedestrian walkway or plaza, until a special permit
14 has been issued. Except as otherwise indicated in connection with specific
15 uses, a Class C special permit shall be required.
1572.2. Materials to be submitted with Application.
16 Materials to be submitted with applications for such permits within
17 these districts shall be as generally required at Section 2304. Site and
18 building plans and related reports shall be of such detail as to facilitate the
19 making of determinations in the particular case as to conformity with the
20 principles established below.
1572.3. Considerations General) • Special Considerations on Pedestrian
treets, Vehicular Access and Parking Structures.
1572.3.1. Considerations Generally.
21 The general purpose of such special permit considerations shall be to
0
15-76 June 1982
I determine confarrnity of the application as submitted) or with such ct rlditions
2 and safeguards as may be reasonably attached to assure such conformity with
3 the requirements and expressed intent of these regulations as applying
4 generally throughout the district, as well as any conditions, limitations or
5 requirements specif led for particular uses or locations. In making determina-
6 tons in this class of cases, the Planning Director shall obtain the advice and
7 recommendations of the Urban Development review Board.
1572.3.2.
8 On frontages of pedestrian streets as indicated on the zoning map, and _
9 on plazas, arcades and through block connections, the following special
10 principles and considerations shall apply: —
II Ground floor frontages along pedestrian streets shall be developed
I 12 primarily for uses promoting pedestrian traffic.
13 Plazas, arcades, through block connections, and other forms of pedes-
14 trian open space shall be provided at ground level and shall be accessible to
15 the public during normal business hours, and shall be located, designed,
16 improved, and safeguarded to provide attractive, convenient and secure areas
17 for outdoor displays, exhibits, and other outdoor activities appropriate to
18 permitted ground floor uses along pedestrian streets or pedestrian open space
19 areas.
20 All pedestrian open space provided at ground level and upper levels shall
21 be appropriately landscaped and furnished for active and passive pedestrian
22 comfort and convenience.
23 Public access to waterfront walkways shall be provided in accord with
24 City of Miami Guides and Standards, and shall be open to the public during
25 normal business hours.
15-77 June 1982
I Rooftops, and other areas containing mechanical equipment, and utility
2 areas shall be appropriately screened to provide a neat attractive appearance.
1572.3.3.
11
3 Because of the high intensity of development within this district, and
4 the intent to design for pedestrian, resident, and worker comfort and
5 convenience, special consideration shall be given to the separation of
6 vehicular and pedestrian traffic and to the design and location of vehicular
7 entrances to passenger loading, offstreet parking and/or loading facilities. In
8 general, principal pedestrian entrances to buildings shall be along street
9 frontages with the major vehicular traffic volumes, and the vehicular
10 entrances shall be along streets with lesser traffic flows. -
I I Offstreet parking structures shall either be underground or if above
12 ground shall be designed to provide a minimal visual impact, well integrated
13 with the principal structures. Vehicular parking shall be appropriately
14 screened from exterior views.
SECTION 1573. PERMISSIBLE PRINCIPAL USES AND STRUCTURES.
1573.1. Principal Uses Permissible on Ground Floor Frontage of Pedes-
trianStreets; Limitations.
15 Except as otherwise provided herein, only the following principal uses
16 shall be permitted on the ground floor frontage of pedestrian streets:
17 1. Retail establishments, as follows: Antique stores, arts stores and
18 commercial art galleries; bicycle sales; book and stationery stores open
19 to the general public; china and crockery stores; drug stores; florist,
20 including plant and shrub sales; food stores, including bakeries,
21 confectioneries, delicatessens, fruit and vegetable markets, groceries,
22 ice cream stores, meat or fish markets; gift shops; hardware stores;
23 hobby shops; home appliance stores; home furnishing stores; interior
15-78
I decoration supply stores; establishments fat sale of boating and fishing
2 supplies; jewelry stores; luggage stores; music states; newsstand; office
3 supply stores; optical goods stores; package liquor stores (without drive-
4 in facilities); pet shops; photographic supply stores; tobacco shops;
5 variety and sundry stores; establishments for sale of wearing apparel.
6 Such establishments may provide incidental repair, maintenance, adjust-
7 ment or alternation services as appropriate, but facilities, operation and
8 storage in relation to such services shall not be visible from any street
9
or street -related pedestrian open space. Aside from antique stores, art
10
galleries, jewelry and book stores, no such retail establishments shall
I I
deal in second-hand merchandise.
12
2.
Service establishments, including barber shops and beauty parlors;
13
interior decorator; laundry and dry cleaning agencies or establishments,
14
including those with coin operated facilities, with rated capacity
15
limited to 25 pounds per machine, 500 pounds total for laundry, and 10
16
pounds per machine, 40 pounds total, for dry cleaning; letter,
17
locksmiths; opticians; photographic service; shoe and leather good
f8
repairs; tailoring, dressmaking, millinery or drapery fabrication, except
19
where products are for off -premises sale.
20
3.
Production of handicrafts (but not mass-produced items) incidental to
21
sale at retail on the premises.
22
4.
Restaurants, tea rooms and cafes, except drive-in, including those with
23
dancing and live entertainment and with outdoor dining areas, subject to
24
limitations indicated for transitional locations.
25
5.
Bars, saloons and taverns, including those with dancing and live enter-
26
tainment, subject to limitations on transitional locations.
27
6.
Art galleries, museums, libraries and similar cultural uses.
15-79 June 1982
I All sales, display and service activities of uses permissible above shall
2 be contained within Completely enclosed buildings, except that in open space
3 or partially open space there may be outdoor dining areas, and exhibits of arts
4 and crafts (other than those involving mass-produced items) and of flowers,
5 plants and shrubs, involving display and sale.
1573.1.1. Special _Rules Concerning Extent and Location of Certain Uses on
Ground Floor Frontaae of Pedestrian treets.
I.
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
The following special rules shall apply concerning extent, location, and
provision of transparent window openings on permitted uses on pedestrian
streets:
I. Where the frontage of a lot on a pedestrian street is occupied at
the ground floor level by uses permissable under the limitations of
Section 1573.1 for at least 65% of its width, the remaining
frontage may be occupied by uses permissable as provided at
Section 1573.2, or as entrances to uses above or behind those on
the ground floor frontage.
2. Required ground level uses on pedestrian streets shall have at
least 40 percent of the facade as measured in a horizontal
direction 3 feet above grade, devoted to transparent window or
door openings, and such window space shall not be less than I
lineal foot in length for every 100 sq.ft. of floor area for uses that
receive additional floor area as provided in Section 1576.
3. Vehicular entrances may be placed in the remaining 35% of ground
level frontage to uses behind or above the required ground level
frontage only if vehicular entrances from other streets are not
feasible.
15-80 June 1982
1573.2. grin i al Uses Petmissabl at 2ther Lot✓ations f estrictions on
LOCriti6h Oh iPhIlh inns' Ftrihthrioi e%r% rirtne+riA.; ,+wad+�
I
In
addition to all uses pert-nissable on the ground floor frontage of
2
pedestrian streets, the following uses shall be permitted, either above or
3
behind establishments developed with such frontage, at elsewhere within the
4
district,
but not within the ground floor frontage except as provided in
5
Section
1513.1.1 above.
6
1.
Dwellings, one and two family; detached, semi-detached and
7
attached; multiple dwellings.
8
2.
Residence hotels; hotels; and motels.
9
3.
Business, professional and medical offices, clinics.
10
4.
Service establishments, including automobile rental agency; bank-
I I
ing and financial institutions with drive tellers permissable only by
12
special permit; employment agency; printing and duplicating; real
13
estate agency; ticket agency; travel agency.
14
5.
Entertainment and recreation uses including: dance and music
15
halls, live performances; movie theaters; auditoriums; concert
16
halls; game courts; health and fitness studios.
17
6.
Child care centers, subject to the requirements of Section 2036.4
18
and 5.
19
7.
Structures and/or uses required for the performance of a
20
governmental function, except uses involving extensive storage or
21 with storage as the primary purpose.
22 8. Structures and uses relating to operation of public utilities and
23 requiring location within the district to serve it or neighborhood
24 district; railway or other transit right-of-ways and tracks, but not
25 yards, switching, storage, warehouses or shops. No such use shall
26 have extensive storage or have storage as its primary purpose.
15-81 June 1982
157�.2.1, �'riryci dl_Uses Petrrtss%ble dr�l __b S ecial, i✓xc� tio�,
I The following uses shall be permissible only by Special Exception:
2 I, Automotive Service Stations.
3 2, Drive in facilities for financial institutions.
4 3, Parking lots, parking garage.
5 4, Private clubs, lodges, fraternities, sororities.
SECTION 1574. PERMISSIBLE ACCESSORY USES AND STRUCTURES.
6 Uses and structures which are customarily accessory and clearly
7 incidental to permissible principal uses and structures, approved in the same
8 special permit proceedings, and initiated or completed within any time limits
9 established generally or in relation to the special permit, shall be permitted
10 subject to limitations established by these or generally -applicable regulations.
I 1 Other accessory uses and structures shall require a Class C special permit.
12 The following special limitations or exceptions shall apply to accessory uses
13 and structures in this district:
14 1. No above -ground offstreet parking or loading areas shall be
IS permitted between any front portion of a building and the front
16 line of a lot adjoining a pedestrian street, provided however that
17 offstreet parking for bicycles may be permitted in such areas,
18 subject to limitations and requirements as to location, design and
19 number established in connection with special permits.
20 2. Where approved as to location, design, improvement, and provi-
21 sions for maintenance and management in connection with the
22 special permit required, outdoor exhibits, displays, sale or other
23 activities may be conducted in pedestrian open space on property
24 adjacent to pedestrian streets even though not customarily
25 accessory to the adjacent principal use. Areas or facilities so
15-82 June 1982
LE
0
I approved may be used for regular, intermittent, or temporary
2 special events without further permitting which might otherwise
3 be required under these toning regulations for such events.
4 3. Roofed shelters open at the side and and toward the street for at
5 least 40% of perimeter of coverage, exhibit and display stands and
6 cases, and community or neighborhood bulletin boards or kiosks
7 may be permitted in any pedestrian open space On private
8 property fronting on a pedestrian street, either under original
9 special permit action or by subsequent Class C special permit,
10 provided that enclosed exhibit or display cases, bulletin boards or
I I kiosks shall not be in combination occupy more than 25% of the
12 area of pedestrian open space required in such locations. In this
13 district, such coverage or occupancy shall be allowable notwith-
14 standing general limitations on occupancy of required yards or
15 other open spaces.
SECTION 1575. TRANSITIONAL REQUIREMENTS AND LIMITATIONS.
16 Transitional requirements and limitations shall be as for CR districts,
17 items I and 2. In addition:
18 Where lots in this district directly adjoin lots in RS-I, RS-2, RG, or RO
19 districts at the side, no property within this district within 50 feet of the
20 district boundary "shall be used for:
21 I. Automotive service stations, commercial parking lots or parking
22 garages.
23 2. Restaurants, tea rooms and cafes, or bars, saloons, taverns or
24 private clubs, having dancing or live entertainment. Outdoor
25 dining or other areas for services for patrons or club members.
15-83
June 1982
SECTION 1,516, MINIMUM_LOT_ REQUIREMENTS FL--t�OR AREA L11VI1TA
.s.
T NS, IMUM C)Pf=N„SPACE. E�_U bMN
1576.1. Miriirrturr Lot iequiremepts,
I Except for automotive service stations, no specific dimensional require=
2 ments are established, but lots shall be of sufficient width and area to
3 conform with other requirements and limitations of these and other lawful
4 regulations.
1576.2. Floor Area Limitations.
5 floor area limitations for SPI-7, 7.1 and 7.2 shall be as follows:
1576.2.1. SPI-7 Floor Area Limitations,
1576.2.1.1. Floor Area Limitations for Residential or Non Residential Build-
ings.
6 Except as modified by Section 1576.2.1.2. below:
7 1. The floor area ratio for a residential building shall not exceed 3.75
8 times gross land area.
9 2. The floor area ratio for a non residential building shall not exceed
10 2.25 times gross land area.
1576.2.1.2. SPI-7 Allowable Increase in Floor Area for Combination Use
Buildings and for any Building Providing Certain Supporting
Uses; Limitations.
I I The floor area (and FAR) shall be increased in conformance with the
12 following provisions and limitations for buildings located anywhere in the SPI-
13 7 district:
14 I. Combination Use Buildings: For every sq.ft. of gross residential
15 floor area that a combination residential and non residential
16 building provides, the floor area shall be increased by two sq.ft.
17 for any permissible use not to exceed a floor area ratio of 4.5
18 times the gross land area.
19 2. Retail, Service and Cultural Uses: For every sq.ft. of gross floor
15-84
June 1982
•:
23
24
area that a building provides of ground level uses in conformance
with the requirements and limitations of Sections 1573.1 and ,20
the floor area shall be increased by one sq.ft, for any non
residential use or two sq.ft, for residential use,
3. Pedestrian Open Space: Par every sq.ft, of ground level pedes-
trian open space that a building provides that meets the require
meets of Section 1576.3.3, the floor area shall be increased by
two sq.ft. for any permissible use; the increase shall not exceed a
maximum of .19 times gross land area.
4. Theaters: For every sq.ft, of theater gross floor area that a
building provides, that meets the requirements of Section 1576.3,
the floor area shall be increased by four sq.ft. for any permissible
use.
5. Child Care Center: For every sq.ft. of gross floor area of child
care center indoor area and for every two sq.ft. of outdoor play -
area that meets the requirements of Section 2036, the floor area
shall be increased by four sq.ft, for any permissible use.
6. Underground Parking: For every three sq.ft. of gross floor area of
underground parking (the top of the roof of the underground
parking shall not exceed 3.5 feet above any adjoining public
sidewalk) that a building provides as an incidental principal use,
the floor area shall be increased by one sq.ft. for any permissible
use.
1576.2.2. SPI-7.1 Floor Area Limitations.
1576.2.2.1. SPI-7.1 Floor Area Limitations for Residential or Non
Residential Use Buildings.
Except as modified by Section 1576.2.2.2 below:
I. The maximum floor area ratio for a residential building shall not
15-85
June 1982
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
exceed 3,0 times gross land area.
2. The maximum floor area ratio for a non residential building shall
not exceed 1.5 times gross land area,
1576.2,2.2.
The floor area (and FAR) shall be increased in conformance with the
following provisions and limitations for buildings located anywhere in the SPI-
7.1 district:
1. Combination Use Buildings: For every sq.ft. of gross residential
floor area that a combination residential and non residential
building provides, the floor area shall be increased by two sq.ft.
for any permissible use not to exceed a floor area ratio of 3.75
times gross land area.
2. Retail, Service and Cultural Uses: For every sq.ft. of gross floor
area that a building provides of ground level uses in conformance
with the requirements and limitations of Sections 1573.1 and .2,
the floor area shall be increased by one sq.ft. for non residential
uses or two sq.ft. for residential use.
3. Pedestrian Open Space: For every sq.ft, of ground level
pedestrian open space that a building provides that meets the
requirements of Section 1576, the floor area shall be increased by
two sq.ft. for any permissible use; the increase shall not exceed
.19 t i mes gross I of area.
4. Theater: For every sq.ft. of gross floor area that a building
provides of theater use that meets the requirements of Section
1576.3.4, the floor area shall be increased by four sq.ft. for any
permissible use.
June 1982
1 5, Child Care center: For every sq,ft. of gross floor area of child
2 care center indoor area and for every two sq,ft. of child care
3 center outdoor play area that meets the requirements of Section
4 2036, the floor area shall be increased by four sq,ft, for any
5 permissible use.
6 6, Underground barking: For every three sq,ft, of gross floor area of
7 underground parking (the, top of the roof of the underground
8 parking shall not exceed 3.5 feet above any adjoining public
9 sidewalk) that a building provides as an incidental principal use,
10 the floor area shall be increased by one sq.ftb for any permissible
II use.
12 7. Riverwalk: For every twenty lineal feet of landscaped pedestrian
13 walkway along the Miami Diver designed in accord with the City
14 of Miami Guides and Standards,the floor area shall be increased by
15 .0075 times gross land area.
1576.2.3. SPI-7.2 Floor Area Limitations.
1576.2.3.1. SPI-7.2 Floor Area Limitations for Residential or Non
Residential Use Buildings.
16 Except as modified by Section 1576.2.3.2. below:
17 I. The maximum floor area ratio for a residential building shall be
18 3.0 times gross land area.
19 2. The maximum floor area ratio for a non residential building shall
20 be 1.5 times gross land area.
1576.2.3.2. SPI-7.2 Allowable Increase in Floor Area for Combination
Use Buildings an for Bui1 ins Providing Certain Su rtin
Uses; Limitations.
21 The floor area and FAR shall be increased in conformance with the
22 provisions and limitations of Section 1576.2.2.2 numbers 1-6, for buildings
15-87 June 1982
I located anywhere in SPI-7,2.
1576,2,4. LUI Rc►trt s dr�d,f.elated Ratios A "I _in Within bistict.
2 Except as otherwise modified within these district regulations for
3 offstreet parking, the tables provided in Section 2011.1.1 shall apply to
4 residential, non residential and combination use buildings within SPI-7, 7.1,
5 7.2, the tables are based on gross land area and all computations concerning
6 increases in floor area as allowed in Sections 1576,2.1,2, 2.2, 3,2, must be
7 converted into floor area ratio as applied to gross land area to derive correct
8 LUI number and its related ratios (open space) livability space, pedestrian
9 open space). For example, assume a gross land area of 20,000 sq.ft., a non
10 residential FAR of 2.0 and an allowed increase of 5,200 sq.ft; the
I I computation would be: 20,000 x 2 + 5,200 = 45,200 20,000 = 2.26 gross FAR
12 with a LUI rating of 75.
1576.3. Minimum Yards Setbacks, Pedestrian Open Space, Arcades
7T7z-3s--Throuqh Block Connections, eaters; Requirements an
Limitations on Location, Improvements and Use.
1576.3.1. Yards.
1576.3.1.1. Front and Street Side Yards.
13 I. All front and street side yards shall have a minimum depth of 10
14 feet.
15 2. When vehicular access to a lot is available from a side street, no
16 such access shall be permitted from a front street.
17 3. Except for portions authorized for vehicular access, such required
18 yards shall be appropriately landscaped and provided with pedes-
19 trian ways.
1576.3.1.2. Other Yards.
20 Except as greater dimensions are required for building spacing, or for
15-88 June 1982
I other requirements of these and other lawful regulations) there are no
2 minimum requirements for interior side and rear yards.
1576.3.2. Ground Level S,etbttck5.Exce tionsLmitdtiorts.
1576.3.2.1. Ground_ Level Frgnt and Street Side _Sett
Limitations.
Except as provided in Section 1576.3.2.2 below) and for emboyments)
4 arcades, plazas) and through block connections, all buildings shall not be set
5 back more than a maximum depth of 20 feet at ground level adjacent to
6 streets.
1576.3.2.2. Ground Level Setbacks on Pedestrian Streets; Exceptions;
Limitations.
7 Except for arcades, plazas, and through block connections, all buildings
8 adjacent to pedestrian streets shall be set back a minimum depth of 15 feet,
9 and a maximum depth of 25 feet.
1576.3.3. Pedestrian Open Space.
10 Pedestrian open spaces shall be provided, improved and maintained as
I I generally required, and may be used as generally provided or as especially
12 provided in these districts. With the exception of required yard and setback
13 areas at ground level,pedestrian open space may be provided at any level that
14 serves the commercial uses. Building projects that provide any of the
15 following types of ground level pedestrian open space which are improved and
16 maintained in accordance with the following requirements shall have the floor
17 area increased in accord with the provisions of Sections 1576.2.1.2, 2.2, and
18 3.2:
19 I. Plazas:
20 a. Plazas shall be open and unobstructed to the sky and be
21 accessible to the public at all times.
15-89 June 1982
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3
4
5
6
7
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9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2.
a
b. Plazas shall be level with and extend along a public sidewalk
a minimum length of 30 feet with a minimum depth of 30
feet; generally, it shall not exceed 25 percent of the lineal
frontage of the development site on any public street; it
shall allow unobstructed access from the public sidewalk.
c, Plazas shall contain substantial amenities for public enjoy-
ment- examples of such amenities include landscaping,
seating, fountains, art work, Lighting, outdoor cafes, Ven-
dors, display space, and retail, service, or cultural uses on
the interior perimeter.
Arcades:
a. Arcades shall be continuous with a minimum length of 100
feet, accessible to the public at all times, adjacent to the
required yard and fronting on public sidewalk and street; the
floor of the arcade shall be at the same level as the public
sidewalk.
b. Arcades shall have a minimum width of 8 feet and a
maximum width of 15 feet unobstructed by building columns,
utilities and the like.
Through block connections:
a. Through block connections shall provide unobstructed pedes-
trian access between parallel public sidewalks and streets,
or between a public sidewalk and street and the Miami River
public walkway; the floor of the connection shall be level
with the public sidewalks or the river walkway at each end;
it shall provide an unobstructed pedestrian circulation
walkway area for its entire length.
15-90
June 1982
I b, through block connections shall be located a minimum
2 distance of 150 feet from any parallel public street; it shall
3 provide a minimum width of 30 feet if open to the sky, or 20
4 feet if enclosed; the minimum height shall be 20 feet if
5 enclosed,
6 c, Through block connections shall provide substantial public
7 amenities for public enjoyment such as landscaping, seating,
8 fountains, art work# lighting, display spaces, vendors, and
9 retail, service or cultural uses on their sides,
1576.3.4. Special Requirements for Theaters; Limitations.
10 Building projects that provide theaters which are improved and
I I maintained in accordance with the following requirements shall have the floor
12 area increased in accordance with the provisions of Sections 1576.2.1.2 and
13 2.2.3:
14 1. Gross floor area shall not be less than 3000 sq.ft.
15 2. No interior dimension of the performance/audience seating space
16 shall be less than forty (40) feet.
17 3. Audience seating for not less than 150 persons shall be provided as
18 either fixed or moveable seats. A typical seating plan shall be
19 shown on architectural plans submitted for development plan
20 review as required under Section 15 of this District.
21 4. Average floor to ceiling heights of the performance/audience
22 seating space shall be not less than seventeen 0 7) feet.
23 5. Theaters for the performing arts or live entertainment shall have
24 a stage or similar platform elevated above floor level and not less
25 than six hundred (600) square feet in unobstructed floor area,
26 Such a stage may be fixed or moveable, and of a proscenium or
f-
15-91 June 1982
I thrust or in. -the -round configuration.
2 6. Performing carts theaters shall provide adequate ancillary space
3 and support facilities including dressing rooms} storage areas,
4 wing space on stage, service access, foyer or lobby space, office
5 space, stage lighting and acoustical controls as necessary.
SECTION 1577. HEIGHTLIMITATIONS.
6 There shall be no height limits in these districts except as required by
7 other lawful regulations.
SECTION 1578. OFFSTREET PARKING AND LOADING,
8 Since it is intended that automobile traffic be minimized in these
9 districts because of their close proximity to the rapid transit stations, special
10 offstreet parking requirements and limitations are as follows, and in addition:
I I offstreet parking and loading, and offsite parking shall be required in Sections
12 2017, 2018, 2022 and 2023, except as modified below:
1578.1. SPI-7 Offstreet Parking:
13 I. For dwelling units there shall be a minimum of .5 parking space
14 and a maximum of 1.25 parking spaces per dwelling unit.
15 2. For hotel or motel uses, there shall be a minimum of .25 parking
16 space and a maximum of .5 parking space per lodging unit.
17 3. For office uses there shall be a minimum of I parking space per
18 1000 square feet of gross floor area and a maximum of I parking
19 space per 400 square feet of gross floor area up to FAR 2.0 for
20 office uses. No additional parking spaces shall be permitted for
21 office uses in excess of FAR 2.0.
22 4. For theater uses there shall be no parking spaces required and
23 there shall be a maximum of I parking space per 8 seats.
15-92
June 1982
I thrust or in -the -round configuration.
2 6. Performing arts theaters shall provide adequate ancillary space
3 and support facilities including dressing rooms# storage areas,
4 wing space on stage) service access, foyer or lobby space) office
5 space) stage lighting and acoustical controls as necessary.
SECTION 1577► HEIGHT LIMITATIONS.
6 There shall be no height limits in these districts except as required by
7 other lawful regulations.
SECTION 1578. OFFSTREET PARKING AND LOADING.
8 Since it is intended that automobile traffic be minimized in these
9 districts because of their close proximity to the rapid transit stations, special
10 offstreet parking requirements and limitations are as follows, and in addition:
I I offstreet parking and loading, and offsite parking shall be required in Sections
12 2017, 2018, 2022 and 2023, except as modified below:
1578.1.
SPI-7 Offstreet Parking:
13
I.
For dwelling units there shall be a minimum of .5 parking space
14
and a maximum of 1.25 parking spaces per dwelling unit.
15
2.
For hotel or motel uses, there shall be a minimum of .25 parking
16
space and a maximum of .5 parking space per lodging unit.
17
3.
For office uses there shall be a minimum of I parking space per
18
1000 square feet of gross floor area and a maximum of I parking
19
space per 400 square feet of gross floor area up to FAR 2.0 for
20
office uses. No additional parking spaces shall be permitted for
21
office uses in excess of FAR 2.0.
22
4.
For theater uses there shall be no parking spaces required and
23
there shall be a maximum of I parking space per 8 seats.
15-92 June 1982
It
s,
1 5. For all ether uses there shall be no parking spaces required dmd
2 there shall be a maximurn of I parking space per 1000 square feet
3 of gross floor area.
1578,2. Sp,1-7.1,,._7,2.Offstrept Parking.
4 1, Minimum offstreet parking for residential and office uses shall be
5 as required in Section 1576.2.2.4.
6 2. For theaters there shall be no minimum parking spaces required.
7 3. For all other uses there shall be a minimum of I parking space per
8 1000 square feet of gross floor area.
1578.3, Special Offstreet Parkit12 Requirements; Offsite Parking;, Limita-
tions.
9 1. Except for offstreet parking facilities existing prior to the
10 enactment of this ordinance, or interim parking facilities, all
I I offstreet parking shall be provided within an enclosed structure so
12 designed to screen the automobile from public view.
13 2. Since it is intended that automotive traffic related to non
14 residential uses be minimized, the Icoation of offsite parking shall
15 be permissible as provided at Section 2018, but without any
16 demonstration or required findings as to the practical difficulty or
17 unnecessary hardship in providing required parking on the site.
18 Offsite parking for residential uses shall require such findings.
SECTION 1579. LIMITATIONS ON SIGNS.
19 Sign limitations shall be as provided in Section 1529.
15-93
June 1982
9
10
II
12
13
14
15
16
17
18
19
20
21
22
5EGfilON 15go 5f1t$1 b51CN PLAZA ,C(fNMEiC�IA.L. B51C�ENiAL bl5y
T IC
SECTINTENT,
This district is of special and substantial public interest because of its
unique qualities as a resource and service area for the design industryi 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.
SECTION 1582. PERMITTED OR PERMISSIBLE PRINCIPAL USES AND
1582.1. Permitted Generally.
As for CR-3 except that:
I. Multiple dwellings and residence hotels shall be permissible only
by Special Exception in a mixed use building where the commer-
cial uses occupy a minimum of 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, con -
construction of models for design purposes.
15-94
June 1982
1 6. Storage warehouse
2 7, Swimming pool supplies and equipment.
3 8. Wholesale establishments,
1582.2. Limitations_ on Outdoor Uses..
4 All sales, display, and service activities of permitted or permissible uses
5 shall be conducted within completely enclosed buildings except for: parking
6 lots; plant nurseries; outdoor dining areas; arts and crafts exhibits, including
7 demonstrations an performances; flowers, plants, and shrubs; objects of art;
8 and handicrafts, but not mass produced items.
SECTION 1583. ACCESSORY USES AND STRUCTURES,
9 Except for wet dockage and moorage of private pleasure craft, the
10 requirements and limitations concerning accessory uses and structures shall
I I be as for CR.
SECTION 1584. TRANSITIONAL USES AND STRUCTURES.
12 Requirements and limitations concerning transitional uses shall be as
13 for CR.
SECTION 1585. MINIMUM LOT REQUIREMENTS• FLOOR AREA LIMITA-
TION; MINIMUM OPEN SPACE HEOUIREME177-.
1585.1. Minimum Lot Requirements.
14 I. For automotive service stations, minimum lot requirements shall
15 be as provided at Section 2030.1.
16 2. For other uses, and for mixtures of other uses with residential
17 uses, no specific dimensional minimum requirements are estab-
18 lished, but lots shall be of sufficient width and area to conform
19 with other requirements and limitations of these and other lawful
20 regulations.
15-95 June 1982
1585.2,
1585.2.1. Floor Aroq L imitations.
1 Except as modified by Section 1585.2,2 below, the floor area ratio shall
2 not exceed 1.84 times gross lot area,
1585.2.2. Allowable Increase in Floor Area for. Certain Features.
3 The floor area and/or floor area ratio for buildings that provide certain
4 features shall be increased to a floor area ratio not to exceed 2.26 in
5 conformance with the following provisions and limitations:
6 I. Enclosed Parking: For buildings that provide a minimum of 75
7 percent of required parking onsite in an enclosed parking structure
8 where the automobiles are screened from public view, the floor
9 area ratio shall be increased by .23,
10 2. Additional Parking Spaces: For buildings that provide additional
I I parking spaces onsite, the floor area ratio shall be increase .016
12 for each I percent of spaces so provided over the minimum
13 required with the total increase in floor area ratio not to exceed
14 .30 for this feature.
is 3. Pedestrian Open Space:
16 a. Embayrnents: For buildings that provide an exterior ground
17 level embayment with a minimum width of 5 feet and a
18 maximum width of 10 feet, and a minimum height of 10 feet
19 adjoining a public sidewalk on a street right of way, the
20 floor area shall be increased 2 sq.ft. for every sq.ft. of
21 embayment.
22 b. Arcades, plazas and pedestrian through connections: For
23 buildings that provide ground level interior or exterior
24 plazas, interior arcades or through pedestrian connections,
15-96 June 1982
I the floor area shall be increased by 2 sq,ft, for every ohe
2 sq,ft, of open space provided; in geheral, the minimum width
3 of these spaces shall be 15 feet, and the minimum height
4 shall be 9 feet.
1585.2,3. LUI_ lafiin s,.gnd.feldt�d Ratio A Lin Wi.th_in District,
5 Except as modified for offstreet parking in Section 1587, the LUI tables
6 and methodology as specified below shall apply to residential and non resi-
7 dential uses:
8 I. The Land Use Intensity ratings and related ratios for residential
9 uses shall be as in Section 2011. I.I.
10 2. The Land Use Intensity ratings and related ratios for non
I I residential uses shall be as shown in Section 201 1.1.1, except that _
12 only the LUI rating number, the F.A.R. and the Offstreet Parking
13 Spaces columns shall apply in this district.
1585.3. Minimum Open Space Requirements.
1585.3.1. Minimum Yards.
14 I. Front yards, yards adjacent to other streets, interior side, rear,
15 and special yards: Except as required in specified transitional
16 locations and Section 1585.3.2 below, there shall be no minimum
17 yard requirement for front yards, other yards adjacent to streets
18 or interior side, rear or special yards.
1585.3.2. Building Spacing.
19 Section 2013, Open Space and Building Spacing, and the building spacing
20 requirements therein shall govern distances between buildings and portions of
21 buildings where more than one building is effected on a lot. For building
22 spacing purposes, in the case of non residential buildings, all walls other than
23 tertiary shall construed to be secondary walls.
15-97
June 1982
SECTImON�1586, to XIMUM_H�IGI-�I-,
I There shall be no maximum height limitations within this district,
IF
S CfiLON.l587. MINIMUM OPI+2LREfiPACKING,
s
2 Minimum offstreet parking requirements shall be as for CG-I for uses
3 permitted therein, except for the following modifications:
4 I. All required offstreet parking may be located offsite in confor-
5 mance with Section 2018,1, but without demonstration of practi-
6 cal difficulties or unnecessary hardship.
7 2. Structural alterations and additions to existing buildings with
8 nonconforming offstreet parking characteristics shall be per-
9 mitted only if the following provisions are met:
10 a. a minimum of 25 percent of the minimum offstreet parking
I I requirements are met by the existing building, either onsite
12 or offsite, however, if the existing building provides more =
13 than 25 percent, there shall not be a reduction in the -
14 existing perentage. —
15 b. The new addition shall meet the minimum offstreet parking
16 requirement for its total gross floor area.
SECTION 1588. LIMITATIONS ON SIGNS.
17 Limitation on signs shall be as for CR districts.
15-98 June 1982
SECTION 1590,
SECTION I551. INTENT,
I Biscayne Boulevard North is one of the major gateways to the City of
2 Miami, This overlay district is of special and substantial public interest
3 because of the need to upgrade the amenities and visual qualities of the
4 Boulevard. It is intended that future public and private development shall
5 respect and enhance this gateway role by providing well landscaped
6 residential and/or commercial development along the Boulevard. It is further
7 intended to encourage appropriate development by allowing the transfer of
8 floor area from transitional use lots to large lots along Biscayne Boulevard,
9 and to assure appropriate uses along the Boulevard by modifying the use
10 regulations of underlying districts.
SECTION 1592. EFFECT OF SPI-9 DISTRICT DESIGNATION.
I I The effect of these SPI-9 regulations shall be to modify regulations
12 within portions of the existing districts indicated in the Official Zoning Atlas
13 as within its boundaries to the extent indicated herein.
SECTION 1593. CLASS C PERMIT.
1593.1 When Required.
14 No building permit shall be issued within the boundaries of the SPI-9
15 district affecting the height, bulk, location or exterior configuration of any
16 existing structure, the construction of any new structure, or the location or
17 relocation or enlargement of vehicular ways or parking areas on private
18 property, without authorization by Class C special permit.
1593.2. Materials to be Submitted with Applications.
41 19 Materials to be submitted with applications for Class C special permits
20 in this class of cases shall include such site plans, landscaping plans, building
15-99 June 1982
I elevations, surveys and reports as are requried to make dete minations in the
2 particular case as to conformity with the principles established below.
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
1593.3. Considerations Generoll and on Bisca ne �oulevard,
I. 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.
2. 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
palrrns and other types of tropical plants suitable to its gateway
role.
3. Offstreet parking shall not be placed in yards or open space
adjacent to Biscayne Boulevard, and vehicular entrances shall be
prohibited along the Boulevard if other street entrances are
available.
SECTION 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:
I . Bars, saloons and taverns
2. Convalescent homes, nursing homes, institutions for the aged or
infirm, and orphanages.
3. Helistops or heliports.
15-100 June 1982
17,
2
5
6
7
8
9
14
15
16
17
18
19
20
21
22
23
24
4. L-odgimg houses, guest homes.
5. Community based residential facilities.
6. Private clubs, lodges, frdterhities and sororities operated for
profit.
SECTION 1_595. TRANSITIONAL USES AND"STRUCTURES..
Transitional uses and structures shall be as for the underlying district
except that, in the case where a transfer of development rights occurs on side
or rear transition lot or lots in conformance with the provisions of Section
1595, the transitional lot or lots shall only be used for offsite parking and the
requirements of Section 2018.2.1 shall apply.
SECTION 1596. SPECIAL RULES FOR
IGH S R Nl TRAI I VJL LV I J I V JI I 1.
With the exception of the RS-2 district, rear or side transitional lots in
all districts adjoining the SPI-9 district are eligible to transfer their floor
area to adjoining or abutting SPI-9 lots in conformance with the following
rules:
TRANSFER OF DEVELOPM
I . Minimum lot requirements: Such SPI-9 lots shall have a minimum
of 15,000 square feet of net lot area with 120 feet of the lot
adjoining the Biscayne Boulevard right-of-way.
2. Gross land area, determined for the purpose of establishing the
Land Use Intensity rating applicable to the portion of the property
or area of transfer of development rights within the district, shall
include the total gross area of both portions.
3. Maximum floor area shall be computed as the sum of the
maximum floor areas permissible for the portions of the property
or area of transfer of development rights, computed separately.
Thus the portion within the SPI-9 district shall be computed by
15-101
June 1982
I multiplying gross land dregs within the SPI-9 district by the PAR
2 ratio derived from the applcidble LUI rating and added to the
3 floor area derived from the application of the PAR applying to
4 gross land area in the adjoining district.
5 4, Ober ._space., regu. re�ments including total open space, livability or
6 pedestrian open spaces, and recreational open space (as applic.
7 able) shall be similarly computed for the SPI-9 and the transitional
8 lots separately and the computations) when added together, shall
9 be the total required.
10 5. Limitations on transfer of open space from district to district: Of
I I the total open space and livability and/or pedestrian open space
12 required, 75 percent may be provided on the portion of the
13 property outside the SPI-9 district.
15-102
51rCTION 15100, Sply I U. MERr_Y H05P1 tAL OVEIRLAY CIISMICT
SECTION_ 1.51_01► INTENT.
I Within Coconut Grove) bounded by a scenic highway (South Bayshore
2 Drive) as designated in the Miami Environmental Preservation Ordinance on
3 the northwest) a historic place (Vizcaya) listed in the National Register of
4 Historic Places on the northeast) and surrounded on two sides by a
5 predominantly single family area is a tract of land containing the Mercy
6 Hospital complex. Because of its location and relationship to the surrounding
7 area, it is of special and substantial public interest to apply special
8 regulations on this tract of land to ensure that future development or
9 redevelopment of this land will respect and enhance the general character of
10 this area, and to protect against inappropriate height, destruction of natural
I I and man-made features or incongruent design.
SECTION l5102. EFFECT OF SPI-10 DESIGNATION.
12 The effect of these SPI regulations shall be to modify regulations within
13 the existing districts indicated on the official Zoning Atlas as within its
14 boundaries to the extent indicated herein for the SPI-10 district.
SECTION 15103. CLASS C SPECIAL PERMIT REQUIRED.
15103.1. When Required.
15 No building permit shall be issued within the boundaries of the SPI-10
16 district affecting the height, bulk, location of exterior configuration of any
17 existing structure, or the construction of any new structure, or the location
18 or relocation or enlargement of vehicular ways or parking areas on private
19 property, without authorization by Class C Special Permit.
15103.2. Materials to be Submitted.
20 Materials to be submitted with applications for Class C special permits
15-103 June 1982
I shall include such site plans, landscaping plans, elevdtionsi surveys and
2 reports as ore required to make determinations in the particular case tit to
3 conformity with the principles established below.
15103.3. General Considerations in Making Class C S ecial Permit Deter.
Mindtions. Basic PrincioleS and Standards.
4 The following basic principles and standards shall guide Class C special
5 permit determinations in this class of cases, and the attachment or
6 authorization of variation as provided at Section 1504.5,
15103.3. 1. Minimum Dimensions of Front and Side Yards.
7 The minimum dimension of front and side yards adjacent to the
8 boundaries of the SPI-10 district shall be 20 feet.
15103.3.2. Relation of Propose Improvements to Natural Features, Surround-
ing. Buildings, S. Bayshore Drive Historic Wall.
9 Proposed improvements shall be related harmoniously to the terrain,
10 and in particular shall protect and enhance natural features and the S.
I I Bayshore Drive historic wall. Relationship of new structures to surrounding
12 structures shall consider open space relationships created by buildings, walls
13 and landscaping.
15103.3.3. Landscaping, Screening and Open Space.
14 Desirable landscaping shall be preserved in its natural state to the
15 maximum extent possible. General landscaping requirements and standards
16 established by this ordinance for offstreet parking, yards, and open space
17 shall be considered supplemental to retention of desirable natural features.
18 Placement of structures and vehicular areas shall be such as to retain to the
19 extent reasonably practicable existing landscaping, and natural features, and
20 to prornote the provision of compatible new landscaping. Desirable native
15-104 June 1982
ri
L1J
I plant MateridlS, dnd such erotic plant materials as have become froditional in
2 the area, shall be preferred in plant selection, All dccessdry areas and
3 structures, such as service and loading +reds, which need screening to avoid
4 adverse effect on adjoining properties shall be adequately concealed by
5 appropriate plantings or other screening.
15103.3.4. Drives,.pdrki;i.g,-Circulatin, U.tili_ ties.
6 Location and number of access points to South Bayshore Drive merging
7 traffic and circulation, separation of vehicular and pedestrian traffic, and
8 arrangement of parking areas shall be safe and convenient, and shall be
9 located and improved to preserve natural vegetation where practicable.
10 Where feasible, all utilities shall be underground, and there shall be
I I appropriate provision for servicing utilities.
15103.4. Special Limitations on Principal Uses and Structures.
12 Principal uses and structures in this district are as for 0-1 with the
13 following exceptions:
14 I. Hospitals are permissible only by Special Exception.
15 2. Banks, savings and loan institutions, and similar financial institu-
16 tions are not permitted.
17 3. Offices, business and professional; and studios are permissible only
18 by Special Exception.
15103.5. Special Height Envelope.
19 Buildings within the district shall be subject to the following special
20 height envelope at the boundaries of the underlying 0-1 district:
21 Plane 11 ( feet) 25
22 Light Planes side and rear (degrees) 45
23 Plane III (feet) 80
15-105
June 1982
L
ARTICLE 16. HC: HERITAGE CONSERVATION DISTRICTS
General Provisions
1600, Intent Concerning Creation of HC Districts
1600.1. Purposes of Regulations Relating to HC Districts
1601, Effect of HC District Designation
1602, Definitions
1603. Heritage Conservation Board; Heritage Conservation Officer
1604, Procedures for Designation and Adoption of HC Districts
1604.1. Criteria for Designation of HC Districts
1604.2. Procedures for Designation of HC Districts; Preparation of
Recommendations for Specific HC Rezoning, Procedures for
Adoption of HC Rezoning
1604,2.1. Proposals and Preliminary Evaluation
1604,2.2. Preparation of Recommendations for Individual HC District
Amendment
1604.2.2.1. Proposed Boundaries
1604.2.2.2. Recommendations Concerning Detailed Regulations
1604.2.3. Heritage Conservation Board Public Hearings; Findings and
Recommendation
1604.2.4. Procedure for Adoption of HC Zoning Amendment; Excep-
tion
1604.2.5. Moratorium following Affirmative Recommendation by Her-
itage Conservation Board; Limitations
1605. Certificates of Appropriateness
1605.1. Certificates of Appropriateness, When Required
1605.1.1. Certificate of Appropriateness, Archeological Zones
1605.1.2. Certificate of Appropriateness Required Before Issuance of
Building Permit
1605.2. Procedures for Issuing Certificates of Appropriateness
1605.2.1. Pre -Application Conference(s)
1605.2.2. Application for Certificate of Appropriateness
1605.2.3. Standard Certificates of Appropriateness
1605.2.4. Special Certificates of Appropriateness
1605.2.4.1. Timing of Heritage Conservation Board Meeting
1605.2.4.2. Notice and Hearings, Generally
1605.2.4.3. Hearing; Decision of Heritage Conservation Board
1605.2.4.4. Time Limitations
1605.2.4.5. Records
1605.2.4.6. Appeals
1605.2.4.7. Changes in Approved Work
1605.3. Guidelines for Issuing Certificates of Appropriateness
1605.3.1. Alteration of Existing Structures, New Construction
1605.3.2. Demolition of Existing Structures
1605.3.3. Moving of Existing Structures
1605.3.4. Removal or Destruction of Existing Landscape Features
1605.3.5. Construction, Excavation or Other Disturbance in Archeolo-
gical Zones
1606. Reserved
1607. Special Provisions for Variances, Amendments to Existing HC
Districts, Administration and Enforcement in HC Districts
1607.1. Variances
June 1982
1601.2.
1601.3.
1607.3.1,
1607.4,
1607.5.
1607.6.
1607.7.
1607.8,
1607.9.
1608y1609.
Amendments for Existing HC bistrictst Exceptiom
Ordinary Maintenance and Repair
Enforcement of Maintenonce and Repair
Unsafe Structures
Emergency Conditions
Inspections
Violations
Conflicts
HC Zoning Applies Equally to Private Parties
Reserved
and Public Bodies
June 1982
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
�RTICL,E_16. HCt., HEF�i.TAGEwCON5_EE�VA1`ION D15TRIC�"5.
GENERAL PROVI5ION5.
SEC 19N-1300. INTl5NT CONCE3NlNG.CREATION..OF HC bISTBICT5.
Within districts now existing or hereafter created, it is intended to
permit creation of HC, Heritage Conservation districts, in general areas
having concentrations of structures or sites or individual structures and
premises of substantial historic, cultural, archeological, aesthetic, and/or
architectural significance.
1600.1 Purposes of Regulations Relating to HC Districts.
Regulations relating to HC districts are intended to:
(a) Provide for the protection, enhancement, and perpetuation of
places of significance in the historical, cultural, archeological,
aesthetic and architectural heritage of Miami that are in the
interests of the health, prosperity and welfare of the people of
Miami.
(b) Effect and accomplish the protection, enhancement, and perpetu-
ation 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;
(c) Safeguard the City's historical, cultural, archeological, aesthetic
and architectural heritage, as embodied and reflected in historic
sites, historic districts and archeological zones;
(d) Foster civic pride in the accomplishments of the past;
(e) Protect and enhance the aesthetic and environmental character,
diversity, and interest of neighborhoods;
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June 1982
(f) Stabilize and improve property values in neighborhoods rind in the
2
City as a whole;
3
(g)
Protect and enhance the City's attraction to residents# tourists
4
and visitors and thereby serve as a support and stimulus to the
5
economy;
6
(h)
promote the use of historic sites, historic districts and archeologi-
7
cal zones for the educations pleasure and welfare of the people of
8
the City of Miami.
9
(i)
Prevent destruction of historic features within HC districts
10
without due consideration for values represented therein or the
11
possibility of preservation of such features for use in an
12
economically productive way;
13
(j)
Assure that alterations to existing features within HC districts
14
are compatible with the historic character of the HC district;
15
M
Assure that new structures, uses or landscape features within HC
16
districts or their visual environs, will be compatible with the
17
character of the HC district;
18
(1)
Promote the preservation of historic features by providing for
19
incentives such as, but not limited to, economically productive
20
adaptive uses, transfer of development rights, floor area bonuses,
21
and special regulations relating to parking, yards, and other
22
elements of zoning authority.
SECTION
1601. EFFECT OF HC DISTRICT DESIGNATION.
23
Such HC districts and their designated transitional areas may either:
24
I.
Supplant districts or portions of districts and the regulations
25
applying therein at the time of creation of a particular HC
26
district, or
16-2 June 1982
5
1 2, Have the effect of modifying reguirernents, regulations, and
2 procedures applying in existing districts or districts hereafter
3 created, and remaining after HC districts and their designated
4 transitional areas are superimposed, to the extent indicated in the
5 particular HC amendment,
SECTION_1602, DEFINITIONS,
6 The following definitions shall apply only to this article:
7 Alteration. An alteration is any change affecting the exterior
8 appearance of an existing structure by additions, reconstruction,
9 remodeling, or maintenance involving change in color, form, texture, or
10 materials, or any such changes in appearance of specially designated
II interiors.
12 Applicant. An applicant is the record owner of a property and/or
(3 structures located thereon, or a person holding a "bona fide" contract to
14 purchase some, or an agent designated in writing.
15 Archeological Zone. An archeological zone is geographically defined
16 area, designated pursuant to this Article, which may reasonably be
17 expected to yield information on local history or prehistory based upon
18 broad prehistoric or historic settlement patterns.
19 Archeological Site. An archeological site is a single specific location
20 which has yielded or is likely to yield information on local history or
21 prehistory. Archeological sites may be found within archeological
22 zones, historic sites, or historic districts.
23 Certificate of Appropriateness. A Certificate of Appropriateness is a
24 written document, issued pursuant to this Article, permitting specified
25 alterations, within an HC district property. Certificates of Appropri-
26 ateness shall be divided into two classifications as follows:
16-3
June 1982
I (a) 5taridard Certficates of A ro riatehess. Standard Certificates
2 of Appropriateness are those based on such specific guides and
3 standards as may be officially adopted by the Heritage Conserva=
4 tioh Board and for which issuance has been authorized by the
5 Heritage Conservation Board upon findings by the Heritage
6 Conservation Officer that proposed actions are in accord with
7 such official guides and standards.
8 (b) Special Certificates of Appropriateness. Special Certificates of
9 Appropriateness are those involving situations where the Heritage
10 Conservation Board has not officially authorized the Heritage
I I Conservation Officer to issue certificates and/or where the scope
12 or complexity of a particular situation requires detailed determi-
13 nation by the Board.
14 Demolition. Demolition is the complete constructive removal of a
15 structure, or any part thereof.
16 Exterior. Exterior are those outside surfaces of any structure listed in
17 the designation report as having significant value to the historic
18 character of the historic site or district.
19 Historic District. A historic district is a geographically defined area,
20 designated pursuant to this Article, possessing a significant concentra-
21 tion, linkage, or continuity of sites, structures, or landscape features
22 united by past events or aesthetically by plan or physical development.
23 Historic Site. A historic site is a single lot or portion of a lot
24 containing an structure, landscape feature or archeological site, or a
25 historically related complex of structures, landscape features or
26 archeological sites, as designated pursuant to this Article.
27 Landscape Feature. Landscape feature means all vegetation, geological
28 features, ground elevation, bodies of water, or other natural or
16-4
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June 1982
I environmental features.
2 Ordvn�Mdiritenatice, ar lepdir. Ordinary maintenance or repair
3 means work done to prevent or to correct any physical deterioration or
4 damage of an structure, or any part thereof by restoring it, as nearly as
5 practicable, to its appearance prior to such deterioration or damage,
6 Structure, A structure is anything constructed or erected, the use of
7 which requires a fixed location on the ground or attachment to
8 something having fixed location on the ground,
9 Transitional. Area, A transitional area is a subarea within or adjoining
10 the boundaries of a HC district which does not necessarily qualify as a
11 historic site, historic district, or archeological zone in itself; but which
12 is visually related to an historic site or historic district such that
13 regulation is required to control major adverse impacts on an historic
14 site or historic district.
15 Unreasonable or Undue Economic Hardship. Unreasonable or undue
16 economic hardship is an onerous and excessive financial burden which
17 destroys reasonable and beneficial use of property and that would
18 amount to the taking of property without just compensation, or failure
19 to achieve a reasonable economic return in the case of income
20 producing properties.
SECTION 1603. HERITAGE CONSERVATION BOARD; HERITAGE CONSER-
VATION OFFICER.
21 The Heritage Conservation Board (herein after referred to as the
22 'Board") and the Heritage Conservation Officer as established under Chapter
23 62 Article V11 of the Miami City Code shall carry out duties as assigned by
24 this Article and the City Code.
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June 1982
SECT ION 1604.
v
1604.1. Criteria fc?r_Qes_'r�atign of, HC,bistri_cts.
I To qualify as a historic site, historic district, or archeological zone with
2 an HC zoning classification, individual properties or groups of properties must
3 have significant character, interest or value as part of the historical,
4 cultural, archeologicalt aesthetic, or architectural heritage of the city, state,
5 or nation and shall meet one or more of the following criteria:
6 I. Historical, Cultural Significance
7 (a) Is associated in a significant way with the life of a person
g important in the past; or
9 (b) Is the site of a historic event with significant effect upon
10 the community, city, state, or nation; or
I I (c) Exemplifies the historical, cultural, political, economic, or
12 social trends of the community;
13 2. Architectural Significance
14 (a) Portrays the environment in an era of history characterized
15 by one or more distinctive architectural styles;
16 (b) Embodies those distinguishing characteristics of an architec-
17 tural style, or period, or method of construction; or
lg (c) Is an outstanding work of a prominent designer or builder; or
19 (d) Contains elements of design, detail, materials or craftman-
20 ship of outstanding quality or which represent a significant
21 innovation or adaptation to the South Florida environment;
22 3. Aesthetic Significance
23 (a) By being part of or related to a subdivision, park, environ-
24 mental feature, or other distrinctive area, should be
16-6 June •
I developed or preserved according to d plan based on a
2 historic, cultural or architectural motif;
3 (b) Because of its prominence or spatial location, contrasts of
4 siting, age, or scale, is an easily identifiable visual feature
5 of a neighborhood or the city and contributes to the
6 distinctive quality or identity of such neighborhood or the
7 city;
8 4. Archeological Significance
9 (a) Has yielded, or may be likely to yield, information important
10 in prehistory or history.
1604.2. Procedures for Designation of HC Districts; reparation of
Recommendations for Specific HC Rezoning Procedures for
---
Adoption of HC
I I Properties which meet the criteria for historic sites, historic districts
O 12 or archeological zones set forth in Section 1604.1 may be zoned HC according
13 to the following procedures:
1604.2.1. Proposals and Preliminary Evaluation.
14 Proposals for rezoning of potential historic sites, historic districts, and
15 archeological zones to the HC district classification may be made to the
16 Board by any one of its members, the Planning Department, the Dade County
17 Historic Preservation Board, or any interested citizen. The Board shall
18 conduct a preliminary evaluation of the data provided in the proposal for
19 conformance with criteria set forth in Section 1604.1; and may, if
20 appropriate, direct the Planning Department to prepare recommendations for
21 a formal designation report and HC zoning amendment. The Board may
22 require the party initiating such proposal to provide any necessary documen-
23 tation, and to pay any applicable fees.
16-7 June 1982
1604.2.2.
0
I Por every proposed historic site, historic district] and archeological
2 zone the Planning Department shall prepare recommendations for a specific
3 HC district amendment and a historic designation report containing the
4 following:
1604.2.2.1. Proposed Boundaries,
5 The recommendations shall include a map or reaps indicating:
6 I. Boundaries for individual historic sites which shall generally
7 include the entire property or tract of land, unless such tract is so
8 large that portions thereof are visually and functionally unrelated
9 to any significant historic structure. Proposed historic district
10 boundaries shall in general be drawn to include all appropriate
I I properties reasonably contiguous within an area and may include
12 properties which individually do not conform to the historic
13 character of the district, but which require regulation in order to
14 control potentially adverse influences on the character and
IS integrity of the district. Where reasonably feasible in relation to
16 the purpose of HC zoning, historic district boundaries shall include
17 frontage on both sides of streets, and divide the proposed historic
18 district from other zoning districts at rear lot lines, side street
19 lines, or at other points where divisions will create minimum
20 inter -district frictions. Archeological zone boundaries shall
21 generally conform to natural physiographic features which were
22 the focal points for prehistoric and historic activities.
23 2. Optional Boundaries
24 Boundaries may subdivide the HC zoning district into subareas and
25 transitional areas as appropriate for regulatory purposes.
16-8 June 1982
I
if a proposed historic site or historic district is visually related to
2
surrounding areas in such a way that actions in the surrounding
3
area would have potentially adverse environmental influences on
4
its character and integrity, proposed boundaries for such transi-
5
tional areas may be included,
C
1604.2.2.2. Recommendations Concernin22 Qetoded.,Regulations.
6
I. Every historic site, historic district, and archeological zone shall
7
be assigned a set of detailed zoning district regulations, identified
8
by the prefix HC and a classification number identifying the
9
particular set of regulations, as for example HC-I, HC-2, HC-3,
10
etc. The recommended zoning amendment designating each
I I
individual historic site, historic district, or archeological zone
12
shall either assigned a previously existing classification of HC -
13
regulations, or it may set forth a new set of regulations as appro-
i4
priate for the particular situation.
15
Such regulations may be designed to supplant or modify any
16
element of existing zoning regulations as provided at Section
17
1601, including but not limited to use, floor area ratio, density,
18 height, yards, offstreet parking, minimum lot size, minimum open
19 space, or create any additional regulations provided for in this
20 article. The recommended zoning amendment may identify
21 individual properties, improvements, landscape features, or arche-
22 ological sites or categories of properties, improvements, land-
23 scape features, or archeological sites for which different
24 regulations, standards, and procedures may be required.
25 2. Normally, interior spaces shall not be subject to regulation under
26 this Section; however, in cases of existing structures having
16-9
June 1982
I exceptional architectural, artistic, or historical irnportance, irate-
2 rior spaces which are customarily open to the public n tly be
3 specially designated, The zoning amendment shall describe
4 precisely those features subject to review and shall set forth
5 standards and guidelines for such regulations,
1604,2.2.3, Designation Report,
6 A report shall be submitted with the recommendations for the specific
7 zoning amendment which shall establish and define the historic significance
8 and character of the proposed historic site, historic district, or archeological
9 zone, setting forth the criteria upon which the designation of the HC district
10 and its boundaries are based, and describing the structures and landscape
I I features of public significance, present trends and conditions, and desirable
12 public objectives for future conservation, development, or redevelopment.
13 The report shall identify the major exterior surfaces of any structures or
14 landscape features which contribute significantly to the historic character of
15 the historic site or historic district.
1604.2.3. Heritage Conservation Board Public Hearin • Findings and Recom-
mendation.
16 The Board shall conduct a Public Hearing with notice as set forth in
17 Chapter 166. Florida Statutes, as amended. If the Board finds that the
18 proposed HC district meets the criteria set forth in Section 1604.1 for a
19 historic site, historic district, or archeological zone, it shall transmit such
20 findings to the Planning Advisory Board and the City Commission along with
21 its recommendation for an HC zoning amendment. If the Board finds that the
22 proposed HC district does not meet the criteria for a historic site, historic
23 district, or archeological zone in Section 1604.1, no further action shall be
24 required unless the property owner or a community based non-profit
t
e
Or
16-10 June 1982
orgdnlZdtlon rridkes written request to proceed with the HC toning amend.
2 merit process in Section 1604.2.4. below. The Board may rehear proposals
3 based upon policies set forth in its Mules of procedure.
1604.2.4. Procedure for Ado _tion of HC. ZoOfi _Amendment' Exce tion.
4 Where consideration of an HC zoning amendment is required by Section
5 1604.2.3 above) actions and procedures shall be as provided in ARTICLE 35
6 AMENDMENTS) except recommendations of the Planning Advisory Board
7 shall be based upon effects of the proposed HC district regulations on the
8 Miami Comprehensive Neighborhood Plan or other adopted planning and
9 zoning policies, but should not involve an evaluation of the historic
10 significance of the proposed HC district.
1604.2.5. Moratorium Following Affirmative Recommendation by Heritage
Conservation Board; Limitations.
II Following the date of a Public Hearing which shall be noticed in
12 accordance with Chapter 166, Florida Statutes, as amended, wherein the
13 Heritage Conservation Board issues an affirmative recommendation for HC
14 zoning pursuant to Section 1604.2.4 above) no permits shall be issued by the
15 Building Department for any new construction, alteration, moving, or
16 demolition on the real property which is the subject matter of the
17 recommendation, until one of the following has occurred:
18 1. the proposed HC zoning amendment is adopted and a Certificate
19 of Appropriateness is issued under the provisions Section 1605; or
20 2. the proposed HC zoning amendment is denied by the City
21 Commission; or
22 1 the property owner has applied for an accelerated approval of a
23 Certificate of Appropriateness prior to final enactment of the
24 proposed HC zoning amendment; and such Certificate of Appro-
[«
June 1982
I ptiatehess has been issued under the provisions of Section 1605;
2 and the property owner has voluntarily proffered a covenant
3 buinding him to comply with all terms and conditions of the
4 Certificate of Appropriateness) which will cease to be effective
5 should the City Commission deny the HC zoning amendment.
SECTION1,605, CERTIFICATES OF APPROPRIATENESS,
1605.1, Certificates of._Apptopriateness, When _Required,
6 No person representing either private or public parties shall carry out or
7 cause to be carried out any of the following actions within a historic site or
8 historic district zoned HC) without first obtaining a certificate of Appropri-
9 ateness (and any other special permits and approvals required in particular
10 HC districts):
I I I. Changes in exterior appearance of an existing structure by addi-
12 tions, reconstruction, remodeling, or maintenance involving
13 change in color, form, texture, or materials, or any such changes
14 in appearance of specially designated interiors; or
15 2. Construction, erection, or installation of new structures or land-
16 scope features; or
17 3. Demolition of moving, in whole or in part, of existing structures;
18 or
19 4. Removal, relocation, concealment, or effective destruction by
20 damage of any existing landscape features, or archeological sites
21 especially designated as significant within a historic site or
22 historic district.
1605.1.1. Certificate of Appropriateness, Archeological Zones.
23 Within an archeological zone zoned HC, no person shall carry out or
24 cause to be carried out any new construction, filling, digging, the removal of
16-12 June 1982
I trees, or arty other activity that may alter or reveal art interred archeol6gical
2 site, without first obtaining a Certificate of Appropriateness,
1605.1.2. Cert
0
3 No permits shall be issued by the Department of Building and Zoning
4 Inspections for any work requiring a Certificate of Appropriateness unless
5 such work is in conformance with an approved Certificate, The Certificate
6 of Appropriateness shall be posted on the site at all times during
7 construction, along with posting of the Building Permit,
1605.2. Procedures for Issuing Certificates of Appropriateness.
8 Where a certificate of appropriateness is required, the following pro-
9 cedures shall govern:
1605.2.1. Pre -Application Conference(s).
10 Before submitting an application for a Certificate of Appropriateness,
I I an applicant shall confer with the Heritage Conservation Officer to obtain
12 information and guidance before entering into binding commitments or
13 incurring substantial expense in the preparation of plans, surveys, and other
14 data. At the request of the applicant, the Heritage Conservation Officer, or
15 any member of the Board, an additional pre -application conference shall be
16 held between the applicant and the Board or its designated representative.
17 The purpose of such conference is to further discuss and clarify conservation
18 objectives and design guidelines in cases that do not conform to established
19 objectives and guidelines. In no case, however, shall any statement or
20 representation made prior to the official application review be binding on the
21 Board, the City Commission or any City department.
1605.2.2. Application for Certificate of Appropriateness.
22 The applicant shall submit to the Heritage Conservation Officer an
16-13 June 1982
I application, indicating the type of certificate sought, together with support,.
2 ing exhibits and other materials required by the rules of procedure of the
3 Board. No application shall be deemed to be filed until all supporting
4 materials required shall have been provided, and any established fees paid.
1605.2.3. Standard Cert ficates - Appropriatehess,
5 Where the action proposed in an application for a Standard Certificate
6 of Appropriateness is clearly in accord with guides and standards officially
7 adopted by the Board, the Heritage Conservation Officer shall, within five (5)
8 working days of receipt of the completed application, issue a Standard
9 Certificate of Appropriateness, indicating in writing, conformity with
10 specified guides and standards. Following such certification, permits
I I dependent upon it may be issued if otherwise lawful.
12 Where the Heritage Conservation Officer finds that the action proposed
13 in an application is not clearly in accord with guides and standards officially
14 adopted by the Board, the Heritage Conservation Officer shall, within five (5)
15 working days of receipt of the completed application, deny a Standard
16 Certificate of Appropriateness with written reasons therefore, and further
17 permits dependent upon such certification shall be withheld.
18 If a Standard Certificate of Appropriateness is denied by the Heritage
19 Conservation Officer, the applicant may further apply for a Special
20 Certificate without prejudice, following procedures set forth regarding such
21 Certificates.
1605.2.4. Special Certificates of Appropriateness.
1605.2.4.1. Timing of Heritage Conservation Board Mee!jM.
22 When an application for a Special Certificate of Appropriateness is
23 received in due form, with all required supporting materials, the Heritage
24 Conservation Officer shall place the application on the next regularly
16-14 June 1982
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4
5
6
7
8
9
10
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13
14
15
16
17
18
19
20
21
22
23
24
25
scheduled meeting of the Board, subject to the notification requirements of
Section 1605,2,4,2,
1605,2,4,2, Notice ard,Flegr:mngss,.Generally,
The Board shall hold a public hearing with notice of the application to
be considered and the time and place of the hearing as follows:
I, The applicant shall be notified by mail at least ten (10)doys prior
to the hearing.
2. Any individual or organization requesting such notification and
paying any established fees therefore, shall be notified by mail at
least ten (10) days prior to the hearing.
3. An advertisement shall be placed in a newspaper general circula-
tion at least ten (10) days prior to the hearing.
4. Any additional notice deemed appropriate by the Board.
1605.2.4.3. Hearing; Decision of the Heritage Conservation Board.
The hearing shall be held at the time and place indicated in the notice.
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 or more 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 speci-
fied modifications and conditions; or
3. Denial of a Special Certificate of Appropriateness, subject to the
June 1982
I limitations ih Section 1605,3.2-1; or
7 4. Issuance of a Special Certificate of Appropriateness with a
3 deferred effective date up to six (6) months in cases of demolition
4 or moving of a significant structure or landscape feature, pursuant
5 to the provisions of Sections 1605.3.2 and .3, or up to forty-five
6 (45) days for any work potentially affecting an archeological site,
7 pursuant to the provisions of Sections 1605.3.4 and .5.
1605.2.4.4. Time Limitations.
8 If no action is taken upon an application by the Board within sixty (60)
9 days, except the month of August, from the receipt of a completed
10 application in due form, such application shall be deemed to have been
I I approved; and the Heritage Conservation Officer shall authorize issuance of
12 any permit dependent upon such certification, if otherwise lawful, recording
13 as authorization the provisions of this Section. This time limit may be waived
14 at any time by mutual written consent of the applicant and the Board.
1605.2.4.5. Records.
15 Written copies of all decisions and Certificates of Appropriateness shall
16 be filed with the City Clerk, the Building Department and the Board.
1605.2.4.6. Appeals.
17 Any citizen may appeal any decision of the Board on matters relating to
18 Certificates of Appropriateness to the City Commission by filing within
19 fifteen (15) days after the date of the decision, a written notice of appeal
20 with the officer or agent designated by the City Manager, with a copy to the
21 City Clerk, which shall set forth concisely the decision appealed from and the
22 reasons or grounds for the appeal. Each appeal shall be accompanied by a fee
23 established by the City Commission to cover cost of publishing and mailing
16-16 June 1982
46 1 notices of heating. The City Commission shall heat and consider all facts
2 material to the appeal and render a decision promptly, the City Commission
3 may offitm, modify, or reverse the Board's decision, the decision of the City
4 Commission shall constitute final administrative review, and no petition for
5 rehearing or reconsideration shall be considered by the City. Appeals from
6 decisions of the City Commission may be made to the Courts as provided by
7 the Florida Rules of Appellate Procedure.
1605.2.4.7. Changes in Approved Work.
8 Any change in work proposed subsequent to the issuance of a
9 Certificate of Appropriateness shall be reviewed by the Heritage Conserva-
10 tion Officer. If the Heritage Conservation Officer finds that the proposed -
I1 change does not materially affect the historic character or the proposed
12 change is in accord with approved guidelines, standards, and Certificates of
13 Appropriateness, the Officer may issue a supplementary Standard Certificate —
14 of Appropriateness for such change. If the proposed change may not be in
15 accord with guidelines, standards, or Certificates of Appropriateness pre-
16 viously approved by the Board, a new application for a Special Certificate of
17 Appropriateness shall be required.
1605.3. Guidelines for Issuing Certificate of Appropriateness.
1605.3.1. Alteration of Existing Structures, New Construction.
18 Generally, for applications relating to alterations or new construction
19 as required in Section 1605.1-1 and 2, the proposed work shall not adversely
20 affect the historic, architectural, or aesthetic character of the subject
21 structure or the relationship and congruity between the subject structure and
22 its neighboring structures and surroundings, including but not limited to form,
23 spacing, height, yards, materials, color, or rhythm and pattern or window and
24 door openings in building facades; nor shall the proposed work adversely
16-17
,a ._ _ .. _. .;.1..,. is tI
June 1982
I affect the special character or special historical; architectural or aesthetic
2 interest or value of the overall HC district. Except where special standards
3 and guidelines have been specified in the amendment creating a particular HC
4 district, or where the Board has subsequently adopted additonai standards and
5 guidelines for a particular HC district, decisions relating to alteration or new
6 construction shall be guided by the U.S. Secretary of the Interior's Standards
7 for Rehabilitation.
1605.3.2. Demolition of Existin251ructures.
8 1. The Board shall have authority to deny a demolition permit only
9 where such authority is provided within applicable HC district
10 regulations as a result of granting special incentives for preserva-
I I tion of an historic improvement, such as, but not limited to,
12 transfer of development rights, floor area ratio incentive, and
13 special exceptions for yards , lot coverage, offstreet parking, etc.
14 2. The Board may grant a Certificate of Appropriateness with a
15 delayed effective date up to six (6) months. The effective date
16 shall be determined by the Board based upon the relative
17 significance of the structure, the probable time required to
18 arrange an alternative to demolition, and whether the applicant
19 has made a clear determination of unreasonable or undue,
20 economic hardship.
21 3. During the demolition delay period, the Board may take such steps
22 as it deems necessary to preserve the structure concerned, in
23 accordance with the purposes of this Article. Such steps may
24 include, but shall not be limited to, consultation with civic groups,
25 public agencies and interested citizens, recommendations for
26 acquisition of property by public or private bodies or agencies, and
16-18 June 1982
2
I exploration of the possibility of moving the subject structure.
2 4. During the demolition delay period, the owner shall permit access
3 to the subject property for the purpose of appraisals and
4 inspections required by the Board. If the Board finds that the
5 owner has refused a "bona fide" offer to purchase or otherwise
6 provide compensation for the subject structure or property for
7 fair market vaue by any public or private person or agency which
8 gives reasonable assurance of its willingness to preserve such
9 structure on its original site or on a site approved by the Board, it
IN
12 5.
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14
15
16
17
18
1W
20
may invalidate the Certificate of Appropriateness, following a
public hearing.
In connection with any Certificate of Appropriateness, standard or
special, for demolition of structures in an HC district, the Board
may require at the owner's expense, salvage and preservation of
specified classes of building materials, architectural details and
ornaments, fixtures, and the like for re -use in restoration of other
historic properties. The Board may also require at the owner'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 architectural drawings.
1605.3.3. Moving of Existing Structures.
21 Generally, moving of significant structures from their original location
22 shall be discouraged; however, the Board may grant a Certificate of
23 Appropriateness if it finds that no reasonable alternative is available for
24 preserving the structure on its original site and that the proposed relocation
25 site is compatible with the historic and architectural integrity of the
26 structure. The Board may issue a Certificate with a delayed effective date
ME
June 1982
I up to six (6) months in order to explore alternatives to roving the structure
2 in question,
1605.3.4, l emovul.or Destruction, of_Existin .Landscd e_1=eatures.
3 I. No Certificate of Appropriateness shall be granted for removal,
4 relocation, concealment of effective destruction by damage of
5 any landscape features or archeological sites especially designated
6 as significant within a historic site or historic district zoned HC
7 unless one of the following conditions exists:
8 (a) The designated landscape feature or archeological site is
9 located in the buildable area or yard area where a structure
10 may be placed and unreasonably restricts the permitted use
I I of the property; or
12 (b) The designated vegetation is inappropriate in a historical
13 context or otherwise detracts from the character of an HC
14 district; or
15 (c) The designated vegetation is: diseased, injured, or in danger
16 of falling; unreasonably interferes with utility service;
17 creates unsafe vision clearance or conflicts with other
18 applicable laws and regulations.
19 2. As a condition contained in the Certificate of Appropriateness,
20 the applicant may be required to relocate or replace designated
vegetation.
1605.3.5. Construction. Excavation or Other Disturbance in Archeological
/-ones.
21 In cases where new construction, excavation, tree removal, or any other
22 activity may disturb or reveal an interred archeological site, the Board may
23 issue a Certificate of Appropriateness, Standard or Special, with a delayed
16-20 June 1982
I effective dote up to forty-five (45) days, Duting the delay period the
2 applicant shall permit the subject site to be examined under the supervision
3 of on archeologist approved by the Board, A Certificate of Appropriateness
4 may be denied if the site is of exceptional importance and such denial would
5 not unreosonablely restrict the primary use of the property,
SECTION 1606. RESERVED,
SECTION 1607.
1607.1. Variances; Exemption from Provisions of Article 31; Limitations.
6 Because of the nature and purpose of Heritage Conservation, the
7 general provisions for HC districts and the regulations provided within
8 individual HC districts shall not be subject to the provisions of ARTICLE 31 -
9 APPEALS FOR VARIANCE FROM TERMS OF ORDINANCE. Instead, where
10 by reason of particular site conditions and constraints, or because of unusual
I I circumstances applicable solely to the particular application or where strict
12 enforcement of the provisions of HC district regulations would result in an
13 unnecessary, unreasonable and undue hardship or where the strict application
14 of the regulation or regulations is not necessary for the accomplishment of
15 public purposes or the provision of public protection, the Board shall have the
16 power to modify adherence to particular HC district regulations; provided
17 that the modifications ensure harmony with the intent and purposes of this
18 Article and will not adversely affect the public welfare. Any such
19 modifications shall only be made through the granting of a Special Certificate
20 of Appropriateness as provided in Section 1605.2.4.
1607.2. Amendments For Existing HC Districts; Exception.
21 Applications for amendments to existing HC districts shall be processed
16-21 June 1982
I according to the provisions of ARTICLE 35 - AMENDMENTS, except that all
2 such applications shall be submitted to the Board for review and recom-
3 mendation at a regularly scheduled meeting and transmitted to the planning
4 Advisory Board prior to any public hearing on such application by the planning
5 Advisory Board, and provided that no action resulting from such application
6 shall have the effect of eliminating the requirement for Certificates of
7 Appropriateness as provided in Section 1605.
8 Where the Board has issued a Certificate of Appropriateness for demo-
9 lition or moving of the structure or feature of principal historic significance
10 on a historic site, the application of the particular HC district classification
I I to the site may be eliminated through the amendment process.
1607.3. Ordinary Maintenance and Repair.
12 Nothing in this Article shall be construed to prevent the ordinary
13 maintenance or repair of any structure which does not involve an alteration;
14 or to prevent ordinary maintenance of landscape features.
1607.3.1. Enforcement of Maintenance and Repair Provisions.
15 Where the Board or the Heritage Conservation Officer determines that
16 any structure within an HC district is endangered by lack of maintenance and
17 repair, or that other structure in visual proximity to an HC district lacks
18 maintenance and repair to such an extent as to detract from the desirable
19 character of the HC district, the Board or the Officer shall request
20 appropriate officials or agencies of the City to require correction of such
21 deficiencies under authority of applicable laws and regulations. _
1607.4. Unsafe Structures.
22 In the event the Building Official determines that any structure within
23 an HC district is unsafe pursuant to Section 202 of the South Florida Building
16-22 June 1982
I Code, he shall immediately notify the 8odrd with copies of such findings,
2 Where reasonably feasible within applicable laws and regulations, the Building
3 Official shall endeavor to have the structure repaired rather than demolished,
4 and shall take into consideration any comments and recommendations by the
5 Board, The Board may take appropriate actions to effect and accomplish
6 preservation of such structure, including but not limited to negotiations with
7 the owner and other interested parties, provided that such actions do not
8 interfere with procedures in Section 202 of the Building Code,
1607.5. Emergency Conditions.
9 For the purpose of remedying emergency conditions determined to be
10 imminently dangerous to life, health or property, nothing contained herein
II shall prevent the making of any temporary construction, reconstruction,
12 dernolition or other repairs to a structure, landscape feature, or site in an HC
13 district pursuant to an order of a government agency or a court of competent
14 jurisdiction, provided that only such work as is reasonably necessary to
15 correct the hazardous condition may be carried out.
16 The owner of an structure damaged by fire or natural calamity shall be
17 permitted to stabilize the structure immediately and to rehabilitate it later
18 under the normal review procedures of this Article.
1607.6. Inspections.
19 The Department of Building and Zoning Inspection shall assist the Board
20 by making necessary inspections in connection with enforcement of this
21 Article. The Director of the Building and Zoning Department shall be
22 responsible to promptly stop any work attempted to be done without or
23 contrary to any Certificate of Appropriateness required under this Article;
24 and shall further be responsible for ensuring that any work not in accordance
25 with an issued Certificate of Appropriateness shall be voluntarily corrected
16-23 June 1982
I to comply with the Certificate, or that authorized civil and criminal prosecux
2 tiori is initiated promptly.
1607.7. V ol,dt i2q.
3 Any person who carries out or causes to be carried out any work in
4 violation of this Article shall be required to restore the subject structure,
5 landscape feature, or site either to its appearance prior to the violation or in
6 accordance with a Certificate of Appropriateness approved by the Board.
7 This civil remedy shall be in addition to an not in lieu of any criminal
8 prosecution and penalty otherwise provided in Article 34 of this Comprehen-
9 sive Zoning Ordinance.
1607.8. Conflicts.
10 Where there are conflicts between the requirements of this Article and
1 I other provisions of this Comprehensive Zoning Ordinance, the provisions of
12 this Article and of the particular HC district shall apply. '
1607.9. HC Zoning Applies Equally to Private Parties and Public Bodies.
13 The provisions of HC zoning shall apply equally to plans, projects or
14 work executed or assisted by any private party, governmental body or agency,
15 department, authority or board of the city, county or state.
SECTION 1608-1609. RESERVED.
16-24 June 1982
ARTICLE 19. SPECIAL pUELIC INTEREST DISTRICT-- INTERIM
ZONING DISTRICT
1900, Defined; Intent
1901, Applicability
1902. Contents
1903. procedures
1904. Official Atlas
ARTICLE 19.
SECTION 1900. DEF,INEDi INTENT.
I A Special Public Interest District --Interim Zoning District is defined as
2 one intended to provide temporary regulations in designated areas of the
3 City, notwithstanding existing toning applied to the area, pending deter-
4 urination of public policy for public or private development within the
5 boundaries of the area. It is characteristic of an interim zoning district that
6 its establishment is in aid of implementation of the Miami Comprehensive
7 Neighborhood Plan and it is the intent in establishing and utilizing this
8 interim zoning classification that the regulations drawn for the interim period
9 be in accord with the Comprehensive Neighborhood Plan or elements thereof.
10 The further intent of the interim classification is to insure that
11 development in the designated area is in accord with established public policy
12 and that the construction of a particular project will not have an adverse
13 effect on the Comprehensive Neighborhood Plan, or the general welfare.
14 In view of the overriding public necessity that will occasion and justify
15 the utilization of this interim zoning classification, the designation is
16 declared to be one of the several special public interest districts established
17 under Section 1500 (c) of this Zoning Ordinance or that may be established in
18 the future under this Zoning Ordinance.
SECTION 1901. APPLICABILITY.
19 An interim zoning district classification may be applied to any area of
20 the City, upon appropriate demonstration of the public need therefor.
SECTION 1902. CONTENTS.
21 In determining the nature and type of provisions to be included for
22 regulatory purposes for any interim zoning classification, the City Commis -
furl
I sion shall be guided by the applicable provisions of Article 15 and include, but
2 not necessarily be limited to, the followings
3 (a) Intent of the interim district;
4 (b) Delineation of interim district boundaries;
5 (c) Uses permitted or permissible by special permit;
6 (d) Limitations on uses;
7 (e) Land use intensity, yard, lot coverage, and similar requirements;
8 and
9 {f) Special provisions necessary to the accomplishment of the
10 intended intent and purpose of the district.
SECTION 1903. PROCEDURES.
I I Procedures for the adoption of an amendment to this Zoning Ordinance
12 to establish an interim zoning designation for a specific area shall be
13 generally those of Articles 15 and 35 of this Zoning Ordinance, provided that:
14 (a) All property owners within the area proposed for the establish-
15 ment of the interim district shall be notified by rnoil prior to public hearings
16 by the Planning Advisory Board and the City Commission on the matter;
17 (b) In the adoption and enactment of the interim zoning classifica-
18 Lion, the City Commission shall provide for a date certain after which the
19 interim zoning designation shall be null and void. Such date shall not be more
20 than eighteen (18) months from the date of adoption of such amendment,
21 provided, after notice to property owners in the area so designated and after
22 public hearing, the Commission may extend the life of the district for an
23 additional period of time not to exceed eighteen (18) months.
SECTION 1904. OFFICIAL ATLAS.
24 An interim zoning district classification shall be recorded on the
25 Official Zoning Atlas in the manner required by Article 3 of this Zoning
26 Ordinance.
19-2
;'� fi.r} ..
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
2000, Application
2000.i. Rules Concerning Combinations of Uses in Buildings or on Pre-
mises, Cumulative Requirements or Limitations
2000.1.1. Varying Floor Area Ratios Applying to Uses Combined in
Building
2000.1.2. Varying Yard, Open Space, and Building Spacing Require-
ments Applying to Residential and Other Uses Combined in
Building
2000.1.2.1. Varying Livability and Pedestrian Open Space Require-
ments or Total Open Space Requirements Where Re-
sidential and Other Uses are Combined in Building
2000.1.2.2, Reservation of Livability Space for Use by Residential
Occupants in Cases Where Residential and Other Uses
are Combined in a Building
2000.1.2.3. Varying Building Spacing Requirements Where Buildings
Contain Residential and Other Uses
2000.1.3. Varying Sign Limitations Where Buildings Contain Com-
binations of Uses
2000.1.4. Calculation of Combined Requirements or Limitations;
Rounding in Totals only
2001. Determinations Concerning Uses Not Specified
2001.1. Notifications Concerning Determinations
2001.2. Effect of Findings by director of Department of Planning
2002. General Requirements Concerning Arrangement and Location of
Structures and Landscaping; Access
2002.1. Prohibition of Use of Residentially Zoned Private Property for
Access to Uses not Permitted in Residential Districts; Excep-
tions
2002.1.1. Special Access for Emergency and Public Service Vehicles;
May be Authorized by Class C Special Permit
2002.1.2. Access for Pedestrians and Cyclists May be Authorized by
Class B Special Permit
2003. Accessory Uses and Structures
2003.1. Dwelling or Lodging Occupancy Prohibited Unless Specifically
Permitted in District
2003.2. Accessory Buildings to be Constructed Concurrent With or After
Construction of Principal Building
2003.3. Accessory Buildings; Spacing Requirements
2003.4. Accessory Buildings and Other Structures; Limitations on Loca-
tion
2003.5. Home Occupations
2003.6. Permanent Active Recreation Facilities as Accessory Uses in
Residential Districts; Special Permits
2003.7. Convenience Establishments As Accessory to Residential or
Office Uses
2003.7.1. Minimum Number of Dwelling or Lodging Units; Minimum
Gross Floor Area for Office Buildings
2003.7.1.1. Conversion Table for Mixed Use Buildings
2003.7.2. Maximum Floor Area Permitted in Accessory Convenience
F_stabl ishment
2003.7.3. Accessory Convenience Establishments, Uses Permitted
2.003,7.4. Limitations on Size of Restaurants as Accessory Conven,
ience Establishrents
2003.7.5, Limitations on Access to Accessory Convenience Establish.
ments
2003.7.6. Limitations on Signs, Display
2003.7.7, Limitations on Location of Offstreet Parking for Restau-
rants
2003.7.8. Offstreet Loading Facilities for Restaurants
20017.9, Location) Orientation, Design) Landscaping
2003.8. Self=Service Sales of Motor Vehicle Fuels as Accessory Use at
Convenience Establishments Prohibited
2004, Reserved
2005. General Terms Defined; Related Limitations
2005.1. Lot) Defined; Prohibition Against Divisions Creating Substandard
Lots
2005.2. Lot, Conforming, Defined
2005.3. Lot, Nonconforming, Defined
2005.4. Lot, Substandard, Defined; Prohibited
2005.5. Lot, Regular; Defined
2005.6. Lot, Irregular; Defined
2005.7. Yard, Defined; General Limitations on Occupancy
2005.8. Court, Defined; General Limitations on Occupancy
2005.9. Buildable Area, Defined; Limitations on Occupancy
2005.10. Lot Coverage, Defined
2005.1 I. Limitations on Lots not Platted in Accordance with Current
Regulations
2006. Regular Lots
2006.1. Regular Lots, Measurement of Width
2006.2. Regular Lot, Area
2006.2.1. Regular Lot, Net Area
2006.2.2. Regular Lot, Gross Area
2006.3. Regular Lots, Types
2006.4. Regular Lots, Lot Frontage
2006.5. Regular Lots, Yards; Methods for Measurement; Special Require-
ments
2006.5.1. Yards Adjacent to Streets
2006.5.1.1. Front Yards on Interior Lots
2006.5.1.2. Front Yards on Corner Lots
2006.5.1.3. Other Yards Adjacent of Streets; Width to be Three -
Fourths of Front Yard Depth Requirement
2006.5.2. Interior Side Yards
2006.5.2.1. Interior Side Yards; Credit for Adjacent Alleys
2006.5.2.2. Interior Side Yards on Through Lots With More Than
One Front Yard
2006.5.2.3. Interior Side Yards on Corner Lots
2006.5.3. Rear Yards
2006.5.3.1. Rear Yards; Credit for Adjacent Alleys
2006.5.3.2. No Pear Yard Required on Corner Lots or Lots Pro-
viding Two Front Yards
2006.5.4. Special Yards; Credit for Adjacent Alleys
2006.5.5. Waterfront Yards
2006.5.6. Diagram: Yards on Regular Lots
2007. Irregular Lots; Dimensional, Access, and Related Requirements
2007.1. Minimum Lot Area; Exclusions From Computations
2007.2. Clearance From Lot Lines
2007.3.
Total Area in Open Space on the Lot
2007.4.
buildable Area on the Lot
200765,
Access
2007.6.
Subdivision of Irregular Lots to Create Regular Lots
2007.7.
Lots of Unusual Depth; Creation of Irregular Lots
2007.8.
Diagram: Yards on Regular and Irregular Lots
2008.
Required Yards and Other Required Open Spaces; Detailed Limita-
tions on Occupancy
2008.1.
Permanent Structural Projections From Buildings
2008.2.
Porches and Entries
2008.2.1.
Porches and Entries; Enclosed or Unenclosed, in Front Yards
2008.2.2.
Porches and Entries, Enclosed or Unenclosed, in Other Yards
Adjacent to Streets
2008.3,
Canopies and Awnings
2008.3.1.
Movable Awnings for Shade or Shelter of Doors and Windows
2008.3,2.
Canopies or Awnings as Pedestrian Entry Shelters
2008.3.2,1.
Intermittent Use at Places of Worship in One -Family or
Two -Family Residential Districts
2008.3.2.2.
Generally Permitted in Other Districts
2008.3.3.
Canopies or Awnings Over Pedestrian Open Space in
Required Yards
2008.3.4.
Canopies Over Vehicular Areas
2008.4.
Signs in or Over Required Yards
2008.5.
Fences, Wolls, Hedges in Residential Districts, or Adjacent to
Residential Districts
2008.6,
Waterfront Yards
2008.7.
Reserved
2008.8.
Limitations on Driveways and Offstreet Parking, and Landscap-
ing Requirements, in Required Yards Adjacent to Streets
2008.8.1.
In Residential Districts
2008.8.2.
In 0-1 or CR Districts
2008.9.
Vision Clearance at Intersections
2008.9.1.
Intent; "Material Impediment to Visibility" Construed
2008.9.2.
In Districts in Which Yards are Generally Required
2008.9.2.1.
At Street Intersections
2008.9.2.2.
At Intersections of Driveways With Streets
2008.9.3.
In Districts in Which Yards Are Not Generally Required
2008.10.
Bus Passenger Shelters, Bus Benches; Telephone Booths; Mail and
Newspaper Boxes
2009.
Reserved
2010.
R-G and PD-H Districts and Other Districts in which Similar
Attached and Multifamily Uses are Permitted
2011.
Adoption of "Minimum Property Standards for Multifamily Housing,"
and "Manual of Acceptable Practices" as Supplemental Guides.
2011. 1.
General Modifications
2011.1.1.
Establishment of Land Use Intensity Ratings by LUI Sector
Maps
201 1.1.2.
Decisions to be Made by Local Jurisdiction Rather Than by
DHUD
2012.
Definitions and Methods of Measurement Relating to Standard LUI
Ratios; Requirements and Limitations
2012.1.
Gross Land Area of PD-H Districts
2012.2.
Residential Land Area
2012.3.
Residential Floor Area
2012.3.1.
Defined; Inclusions and Exclusions
MW
2012.3.2. Maximum Limitation
2012.4. Open Space
2012.4.1. Open Space Definition
2012.4.1. I. Open Space
2012.4.1.2. Uncovered Open Space
2012.4.1.3. Covered Open Space
2012.4.2. Minimum Open Space Requirement
2012.5. Livability Space; Pedestrian Open Space
2012.5.1. Definitions
2012.5.1.1, Livability Space
2012.5.1.2. Pedestrian Open Space
2012.5.2. Minimum Livability Space and Pedestrian Open Space Re-
quirements
2012.5.2.1. Minimum Livability Space Requirements
2012.5.2.2. Minimum Pedestrian Open Space Requirements
2012.5.3. Exception on Livability and Pedestrian Open Space Re-
quirements where Off -Site Space Credited Exceeds Seventy
Percent (70%) of Net Lot Area
2012.6. Recreation Space
2012.6.1. Defined; Limitations on Location
2012.6.2. Minimum Recreation Space Requirement
2012.7. Car Space; Occupant and Total
2012.7.1. Defined
2012.7.1.1. Occupant Car Space
2012.7.1.2. Total Car Space
2012.7.2. Minimum Car Space Requirements
2013. Open Space and Building Spacing in R-G and PD-H Districts and
Other Districts in Which Similar Attached and Multifamily Uses Are
Permitted
2013.1. Intent; Application
2013.2. Required Yards and Courts Need Not be at Ground Level; Ex-
ception
2013.3. Permanent Open Space in Streets, Common Open Space, etc.,
May be Included as Part of Building Spacing Requirements;
Limitations
2013.3.1. Primary or Secondary Windows Facing Streets, Parking
Areas
2013.3.2. Primary or Secondary Windows Facing Other Open Space
2013.4. Spacing Determinations Where Two or More Residential Buildings
are on a Lot
2013.5. Calculation of Building Spacing Requirements
2013.5.1. Where Portions of Buildings Contain Different Numbers of
Stories
2013.5.2. Length of Walls; How Measured
2013.5.3. Height in Stories; How Measured
2013.5.4. Yard or Other Open Space Depth; How Measured
2013.5.5. Permissible Overlap of Yards
2013.5.6. Definitions and Classifications Relating to Windows and
Walls
2013.5.6.1. Habitable Rooms
2013.5.6.2. Primary Windows
2013.5.6.3. Primary Walls
2013.5.6.4. Secondary Windows
2013.5.6.5. Secondary Walls
2013.5.6.6. Tertiary Windows
2013.5.6.7,
Tertiary Walls
2013,5.7,
Formulas Determining Minimum Open Space Requirements
is
Adjacent to Primary, Secondary, and Tertiary Wails
2013.5.84
Added Open Space Require►fients Where Windows of Hob ta-
ble Rooms Face Steep Slopes or Retaining Walls
2013.6.
Special Requirements and Modifications Concerning Courts
2013.6,1.
Inner and Outer Courts, refined
2013.6.1.1.
Inner Courts
2013.6.1.2,
Outer Courts
2013.6.2.
Dimensions of Inner Courts; Passageways; Provision for Fire
Protection
2013.63.
Dimensions of Outer Courts
2013.7.
Yards, Courts, Open Space, and Building Spacing for Structures
or Portions of Structures Not Containing Living Quarters
2014.
Transfer of Development Rights
2014.1.
Transfer Between Contiguous, Separately Owned Property in the
Some Districts
2014.1.1.
Intent
2014.1.2.
Application for Permit
2014.1.2.1.
Plans Required; Matters to be Demonstrated
2014.1.2.2.
Agreement Between Property Owners With Enforce-
ment Running to the City
2014.1.3.
Findings Required to Support Issuance of Permit; Limita-
tions on Effect of Permit
2014.1.4.
Recording Agreement
2014.1.5.
Changes in Development Plan or Agreement
2014.2.
Transfer of Development Rights (Noncontiguous Property); Major
Use Special Permit
2014.2.1.
Prohibition Against Increasing Potential Building Bulk Within
District as a Whole, or Subareas Established
2014.2.2.
Limitation as to Effects on Receiving Property
2014.2.3.
Transfer in Single Permit or Series of Permits
2014.2.3.1.
Procedures; Contents of Sequential Permits
2014.2.4.
Applications for Major Use Special Permits Establishing
Residual Rights and Areas for Transfer; Assigning Rights to
Individual Properties
2014.2.5.
Agreement Between Parties Involved
2014.2.6.
Recording Agreement
2014.2.7.
Changes in Development Pattern or Agreement
2014.3.
Transfer of Development Rights (Noncontiguous Property across
Street or Alley); Special Exception
2014.3.1.
Relationship of Lots
2014.3.2.
Application; Findings; Recording Agreement
2015.
Height Regulation, Generally
2015.1.
Excluded Portions of Structures
2015.2.
Aviation Hazards
2015.3.
Broadcasting Towers
2016.
Height Control Envelopes
2016.1.
Base Plane (Plane 1)
2016.2.
Plane II
2016.3.
Light Planes
2016.4.
Plane III
2016.5.
Diagram
2017.
Offstreet Parking Requirements, General Provisions
2017.1.
General Performance Standards for and Intent Concerning Off-
street Parking Facilities
2017.1.1. Parking Maneuvers on Public Streets, Alleys or Sidewalks
Prohibited; Exceptions
2017.1.2. Considerations Governing Required Width and Length of
Stalls; Exceptions
2017.1.3. Parking Requiring Movement of More Than One Car Pro-
hibited; Exceptions
2017.1.4. Selection of Dimensional Requirements From Ranges Esta=
bi ished
2017.2. Offstreet Parking for Compact Automobiles
2017.3. Application of City of Miami Guides and Standards to Location,
Improvement, and Landscaping of Offstreet Parking Facilties
2017.4. Class B Special Permits Required for substantial Modification of
Existing Facilities Including Ten (10) or More Spaces
2017.5. Reduction in Parking Requirements for Housing for the Elderly,
by Special Exception; Limitations
2017.6. Reduction in Parking Requirements for Housing for Low Income
Families and Individuals
2017.7. Reduction in Parking Requirements for Combinations of Residen-
tial and Office Uses on the Same Premises
2017.8. Deferral of Portions of Total Required Parking Improvements, by
Class D Special Permit for Initial Period; Control of Extensions
2017.8.1. Deferral Period; Revocation of Permit; Notice of Revoca-
tion
2017.8.2. Extensions of Deferral Periods; Alternate Methods
2017.8.2.1. Applications for Renewal of Permits; Effect of Failure
to Apply
2017.8.2.2. Actions by Planning Department
2017.8.2.3. Actions by Zoning Board Where Required
2017.8.3. Maintenance and Use of Areas on Which Parking Improve-
ments are Deferred
2017.9. Joint Parking Facilities for Contiguous Uses, Class C Special
Permit Required
2017.10. Required Offstreet Parking; Restrictions on Lease or Rental;
Exception
2017.11. Calculation of Parking Requirements Related to Number of Seats
2017.12. Limitations on Use of Offstreet Parking and Loading Areas;
Restrictions on Storage of Vehicles Not in Operating Condition
2018. Offsite Parking
2018.1. Maximum Distance Limitations
2018.2. Offsite Parking on Adjoining Abutting Lots
2018.2.1. Special Exception Required Where Lots Are in Transitional
Areas of Residential Districts and Parking is For Uses Other
Than Residential Within the Some Residential District
2018.2.2. Class C Special Permit Required Where Lots Are in Tran-
sitional Areas of Residential Districts and Parking is For
Residential Uses Within the Same District or the Adjoining
District
2018.2.3. Class C Special Permit Required Where Lots are Not In
Residential Districts
2018.3. Offsite parking Where Governmental Action Eliminates Prior
Offstreet Parking; Class C Special Permit Required
2018.4. Offsite Parking on Noncontiguous Lots
2018.4.1. Special Exception Required Where Lots are in Transitional
Areas of Residential Districts
2018.4.2,
Class C Special Permit Required Where Lots are Not In
Residential Districts
2018.5.
Provisions for Continuance or Replacement of Required Offsite
Parking
2018.5.1.
Continuance Required; Recorded Agreement
2018.5.2.
Replacement of Required Offstreet Parking; Amendment
Agreement
2019.
Reserved
2020.
Parking and/or Storage of Certain Vehicles Prohibited or Limited in
Specified Districts; Limitations on Occupancy
2020.1.
Mobile Homes,. Parking, Storage and Occupancy; Limitations and —
Exceptions --
2020.1.1,
Limitations on Location of Mobile Homes not in a Condition
for Occupancy
2020.1.2.
Limitations on Occupancy of Mobile Homes —
2020.2.
Major Recreational Equipment; Parking, Storage and Occupancy; —
Limitations and Exceptions
2020.2.1.
Major Recreational Equipment Defined
2020.2.2.
Parking or Storage of Major Recreational Equipment as
Accessory Use in Residential Districts
2020.2.3.
Limitations on Occupancy of Major Recreational Equipment
2020.3.
Parking or Storage of Specified Trucks, Buses, Trailer or Semi -
Trailers Prohibited as Accessory Use in Residential Districts, or
in Parking Facilities in Transitional Uses in Residential districts
2020.4.
Parking or Storage of Construction Equipment Prohibited in
Residential Districts
2021.
Reserved
2022.
Offstreet Loading Requirements, General Provisions
2022.1.
General Performance Standards for and Intent Concerning Off-
street Loading Facilities
2022.2.
Application of City of Miami Guides and Standards to Location,
Design, Improvement, and Landscaping of Offstreet Loading
Facilities
2022.3.
Limitations on Use of Required Offstreet Loading Stalls
2022.4.
Special Permits Required for Proposed Offstreet Loading Facili-
ties or for Substantial Modification of Existing Facilities
2022.5.
Reduction in Offstreet Truck and Trailer Loading Requirements
Where Rail, Marine, or Air Freight Services are Directly Avail-
able; by Special Exception
2022.6.
Deferral of Portions of Total Required Offstreet Loading
Improvements; by Special Exception for Initial Periods; Control
of Extension
2022.7.
Maintenance and Use of Areas on which Offstreet Loading
Improvements are Deferred
2022.8.
Joint Loading Facilities for Contiguous Uses, Class C Special
Permit Required
2023
Offstreet Loading, Detailed Requirements and Related Definitions
2023.1.
Definitions
2023.2.
Dimensions of Stalls or Berths, Generally
2023.2.1.
Reduction in Stall Dimensions by Class C Special Permit;
Limitations on Reductions
2023.2.2.
Conditions of Permit; Provisions Concerning Revocation
2023.3.
Projection of Vehicles being Loaded or Unloaded into Public
Streets or Alleys Prohibited
2023.4, Number of Stalls Required
2024. Piers, Docks, Wharves, Dockage, Boat Houses, and Boat Slips
2024.1. As Accessory Uses in Residential Districts
2024.1.1. Boat Houses and Boat Slips Accessory to Residential Uses,
Generally
2024.1.1.1, Height of Boathouses
2024.1.1.2. Location of Boathouses and Boat Slips in Relation to
Established Waterway or Bulkhead Lines; Adjacent Lot
Lines Entering or Approaching Waterways; Class C
Special Permit for Facilities Extending Across such Lot
Lines
2024.1.1.3. Length and Width of Boathouses; Limitations on Water-
front Yard Coverage by all Accessory Buildings in Such
Yards
2024.1.2. Boat Houses and Boat Slips Accessory to Residential Uses on
Lots Exceeding One Acre in Net Area; Special Exception on
Height, Length, and Width
2024.1.3. Limitations on Location and Extension of Docks and Piers in
Residential Districts; Limitations on Location and Character
of Vessels Docked or Moored
2024.1.4. Limitations on Facilities and Uses Related to Dockage and
Moorage of Vessels in Residential Districts
2024.2-9. Reserved
2024.10. Extensions of Docks and Piers Into Waterways, Generally
2024.11. Extensions of Docks and Piers into Waterways, Special Excep-
tions
2025. Signs, Generally
2025.1. Definition
2025.1.1. Sign
2025.1.2. Signs, Number of
2025.1.3. Signs, Area of
2025.1.3.1. Horizontal Traffic Markings Excluded from Limitations
on Number and Area of Signs
2025.1.4. Sign Structure
2025.1.5. Sign, Onsite
2025.1.6. Sign, Offsite
2025.1.7. Outdoor Advertising Business; Outdoor Advertising Signs
2025.1.8. Sign, Illuminated
2025.1.8.1. Sign, internally (or Directly) Illuminated
2025.1.8.2. Sign, Indirectly Illuminated
2025.1.8.3. Sign, Flashing
2025.1.8.4. Sign, Time and Temperature
2025.1.9. Sign, Animated
2025.1.9.1. Sign, Animated, Revolving or Whirling
2025.1.10. Sign, Wall or Flat
2025.1.11. Sign, Projecting
2025.1.1 I.I. Sign, Canopy, Marquee or Awning
2025.1.1 1.2. Sign, Hanging
2025.1.12. Sign, Roof
2025.1.13. Sign, Window or Door
2025.1.14. Sign, Ground (or Freestanding)
2025.1.15. Sign, Vehicle
2026.1.16. Bulletin Board, Generally
2025.1.16.1. Community or Neighborhood Bulletin Board
2025.1.16.2. Kiosk
202561,17,
Sign, Banner
2025.1,18,
Signs Pennant or Streamer
2025.1.19-24,
Reserved
202541.25.
Address Signs
2025.1.26.
Notice, Directional, and Warning Signs
2025.1.27.
Advertising Signs —
2025.1.27.1.
Real Estate Signs
202561.27.2.
Development Signs; Class A Special Permits, When
Requi red
2025.1.27.3.
Construction Signs
2025.1.28.
Symbolic or Award Flags or Banners, House Flags or Banners
2025.2,
Permits Required for Signs Except those Exempted; Applications
2025.2.1.
Permit Identification Required to be on Sign �-
2025.3.
Classes of Signs and Activities in Relation to Signs Exempted
from Permit Requirements; Other Limitations, Regulations, and —
Requirements Remain Applicable
2025.3.1.
Signs Erected by or on Order of Governmental Jurisdictions
2025.3.2.
National Flags and Flags of Political Subdivisions
2025.3.3.
Decorative Flags, Bunting and Other Decorations on Special
Occass i ons
2025.3.4.
Symbolic Flags, Award Flags, House Flags -
2025.3.5.
Address, Notice, and Directional Signs, Warning Signs —
2025.3.6.
Signs on Vehicles Exempted Generally; Permit Required for
Sign Vehicles
2025.3.7.
Real Estate Signs
2025.3.8.
Construction Signs; Development Signs When Combined with
Construction Signs
2025.3.9.
Reserved
2025.3.10.
Community or Neighborhood Bulletin Boards, Kiosks; Class B
Special Permit Required for Establishment, but not for
Posting Signs
2025.3.11.
Temporary Campaign Signs —
2025.3.12.
Cornerstones, Memorials, or Tablets
2025.3.13.
Curbside Delivery Receptacles; General Approval Required,
Sign Permit for Individual Delivery Receptacles not Requir-
ed; Limitations on Location
2025.3.14.
Signs on Bus Shelters, Benches, Trash Receptacles, and the
Like
2025.3.15.
Weather Flags
2025.3.16-20.
Reserved
2025.3.21.
Activities Related to Signs Exempted from Permit Require-
ments
2026.
Signs, Specific Limitations and Requirements
2026.1.
Projecting Signs, Marquees, Awnings, and the Like; Vertical and
Horizontal Clearances
2026.2.
Roof Signs; New Roof Signs Prohibited
2026.3.
Ground Signs
2026.4.
Structural Wall Signs or Flat Signs; Clearance Above Public
Walkways
2026.5.
Limitations on Wording and Illumination of Signs; Prohibition -
Against Blocking Egress, Light, or Ventilation
2026.5.1.
Real Estate Signs, Construction Signs, Development Signs _
Shall Not Mislead as to Zoning Status of Property
2026.5.2.
Limitations on Illuminated or Flashing Signs; Flashing Signs
Prohibited in Certain Transitional Areas Adjacent to Resi- i
dehtlal Districts
2026.6. Prohibition Against Revolving or Whirling Signs and Pennant or
Streamer Signs
2026.7. Limitations on Use of Sign Vehicles
2026.8. Prohibition Against Sign Placement Impeding Visibility of Traffic
or Pedestrians, or Creating Other Hazards
2026.9. Reserved
2026.10• Removal, Repair, or Replacement of Certain Signs; Prohibition
Against Repair or Replacement of Certain Nonconforming Signs
Ordered Removed
2026.10.1. Unsafe Signs
2026.10.2. Decrepit or Dilapidated Signs
2026.10.3. Onsite Signs Advertising Establishments, Commodities, or
Services No Longer on Premises
2026.10.4. Offsite Signs Bearing Obsolete Advertising ,Matter
2026.11. Structural Members of Signs Required to be Concealed or Other-
wise Made Visually Unobtrusive
2026.12-14. Reserved
2026.15. Outdoor Advertising Signs
2026.15.1. Limitations on Sign Area, Including Embellishments; Limita-
tions on Projections of Embellishments
2026.15.2. Limitations on Location, Orientation of Outdoor Advertising
Signs in Relation to Limited Access Highways and Express-
ways
2027. Temporary Structures, Occupancies, and Uses During Construction
2028. RS-I, RS-2, RG-I Districts: Requirements for Erection of More than
one Single Family Detached or one Two Family Detached Dwelling on
Large Lots
2028.1. Minimurn Lot Area
2028.2. Minimum Open Space
2028.3. Site and Development Plan
2029. Reserved
2030. Automotive Service Stations as Principal Uses
2030.1. Minimum Net Lot or Site Dimensions, Minirnurn Street Frontage
2030.2. Limitations on Outdoor Storage, Display, or Activities
2030.2.1. Storage and Display of Products Sold and Equipment Used
Incidental to Normal Refueling
2030.2.2. Activities Incidental to Normal Refueling
2030.2.3. Vending Machines
2030.2.4. Truck and Trailer Rental Units Where Permitted
2030.2.5. Limitations on Parking or Storage of Vehicles
2030.3. Trash Facilities
2030.4. Required Walls Adjacent to Residential Districts
2031. Drive -In Establishments; Car Washes
2031.1. Conditions and Safeguards in Relation to Special Permits
2031.2. Requirements for Reservoir Spaces, Applying Generally
2032-35. Reserved
2036. Child Care Centers
2036.1. Access if Within Residential District
2036.2. Minimum Lot Dimensions
2036.2.1. Child Care Centers for Less than Ten (10) Children in RS- I ,
RS-2, and RG-I Districts; in Other Districts.
2036.2.2. Child Care Centers for Ten (10) or More Children in RS-I,
RS-2, and RG- I Districts; in Other Districts
2036.3. Location of Buildings in RS-I, RS-2, and RG-I Districts; in Other
Districts
2036.4. Outdoor play Area
2036.5, Limitation of Location and Hours for Outdoor play Activities
2037. Adult Entertainment or Adult Services
2037.1. Intent
2037.2, Definitions
2037.3. Limitations on Adult Entertainment or Adult Service Establish-
ments
2037.4. Discontinuance or Abandonment
s
ARTICLE.20, GENERAL ANa.SUPPLEMENTARY REGULAtIONS
SECTION 2000. APPLICATION:
I The following regulations shall apply generally or in groups of districts
2 as indicated, and qualify or supplement other regulations appearing in this
3 Zoning Ordinance, unless district regulations or regulations for particular uses
4 specifically provide to the contrary.
2000.1. Rules Concerning Combinations of Uses in Buildi
Premises: Cumulative Reouirements or Limitations.
5 Where there is a combination of uses in a building or on premises or in
6 connection with a building and premises, and/or where cumulative require-
7 ments or limitations apply, the following rules shall govern:
2000.1.1. VarZinq Floor Area Ratios ApRIZing to Uses Combined in Building.
8 Where there is variation between floor area ratio limitations applying to
9 permitted uses within the same building (or buildings on the same lot), the
10 combined floor area limitations shall be construed to be met if the sum of lot
11 area requirements for all of the uses, computed separately from floor areas
12 proposed for each use, is not greater than the gross area of the lot.
2000.1.2. Varying Yard. Oven Soace. and Buildina Spacinq Requirements
Applying to Residential and Other Uses Combined in Building.
13 Where there are variations between requirements for yards, open space,
14 and building spacing applying to residential and/or other uses combined in the
15 same building, residential requirements shall apply with respect to the
16 portions of the building devoted to residential uses, and any other require-
17 rnents shall apply with respect to the portion devoted to other uses, provided
18 however that where residential use consists only of accessory dwelling or
19 lodging units for occupancy by owners or managers of uses in the building, or
20 of employees required to live on the premises for reasons of maintenance or
20-1
16
17
18
19
20
21
22
security, and the total floor area of the dwelling or lodging units does not
exceed ten percent (10%) of the total floor area of the building, residential
yard, open space, and building spacing requirements shall not apply with
respect to such dwelling or lodging units.
In particular:
2000.1.2.1,
Where livability space, pedestrian open space, or total open space
requirements, or the like, vary between uses in a building, or in buildings on
the same lot, and where such requirements relate to ratios or percentages of
gross lot area, the lot area requirements of each use shall be computed as
provided at Sec. 2000.1.1. Such separate lot area requirements shall then be
totalled and the percentage of each to such total shall then be computed.
Such percentages shall then be multiplied by total lot area to determine the
number of square feet of gross lot area to use as a base in computing
livability space, pedestrian open space, or total open space requirements, or
the like, for the individual uses.
2000.1.2.2. Reservation of Livability Spa - ce for Use BX Residential
Occupants in Cases Where Residential and Other Uses are
Where residential and other uses are combined in a building, or in
buildings on the some lot, required livability space shall be located, reserved,
and secured in such a manner as to be available for the enjoyment of
residents and their guests, and shall not be combined with pedestrian open
space required for other uses within the building in such a manner as to
permit general access from such pedestrian open space to such livability area
except for residential occupants and guests.
l
20-2
2000.1.2.3. Vary.irtg,w. Bu,ildin Spa Re.quireer7ts„1Nhere... Builtl_r�g$ -
I Where buildings contain combinations of residential and other permitted
2 principal uses, required spacing between buildings and lot or buildings site
3 lines (or between portions of buildings) shall be construed to be the highest of
4 the spacings required in connection with the exposure of the portion of the
5 building involved and the use or uses made of that portion of the building.
2000.1.3. Var in _5i, n-Limitations_ Where Buildings Contain Combina-
tions of Uses.
6
Where buildings contain combinations of uses with varying sign
7
limitations, the number, area, and character of such signs shall be as limited
8
for each use separately, provided that where the number and/or area of signs
9
is dependent on the amount of lot line adjacent to a street, area of building
10
walls or similar limitations, allotments shall be proportionately divided
I I
according to the amount of floor area in each use, or the area of building
12
walls in each use, as may be appropriate to the circumstances.
13
In such cases, no sign relating to a nonresidential principal use shall be
14
erected in or over any livability space or parking area intended for residential -
15
use, or against or upon any portion of a primary or secondary wall enclosing
16
residential occupancy. Thus if lower portions of a building contain
17
cormercial or office uses and upper portions contain residential uses, wall
18
signs relating to such commercial or office uses may be displayed only on the
19
walls enclosing such commercial or office uses, and not on the walls enclosing
20
the residential uses.
2000.1.4. Calculation of Combined Requirements or Limitations;
Rounding in Totals Only—.
21 Where cumulative requirements or limitations are to be computed for a
22 series of elements (as for example the number of off-street parking or loading
23 spaces required for a combination of uses in the same building), fractions -
20-3
I shall be carried forward in the summation, and the total rounded to the
2 nearest whole number.
SECTION 20016 DEtERMiNATiONS C(7NCERNING USES NOT SPECIFIED,
3 Where there is substantial doubt as to whether a particular use or uses,
I
4 or classes of uses, not specifically identified in this Zoning Ordinance are of 1
5 the same general character as those listed as permitted principal or accessory 1
I
6 uses, or uses permissible by special permit, the director of the Department of
i
7 Planning, upon request from any administrative agency or officer of the City
8 or on his own initiative, shall make a determination in the matter. He shall
9 give due consideration to the intent of this Zoning Ordinance concerning the
10 district involved, the character of uses specifically identified, and the
I I character of the use or uses in question. -
12 Requests for such determinations shall be made only by officers or
13 agencies of the City. Such requests shall not involve those circumstances
14 where the Zoning Administrator has made a negative finding, in which case
15 appeal lies to the Zoning Board on grounds of error in his determination.
16 On a determination made by the director of Planning in the manner set
17 out above, appeal from such determination may be made to the Zoning Board
18 on grounds of error.
2001.1. Notifications Concerning Determinations.
19 Upon making his determination, the director of the Department of
20 Planning shall notify the Zoning Administrator and any other officer or
21 agency of the City likely to be affected by such ruling. in particular, but
22 without limitation thereby, the director shall notify the Zoning Board where
23 the determination involves special permits upon which it is authorized to act.
2001.2. Effect of Findings bX Director of De2grtment of Planning.
20-4
I If in making the determination the director of the Department of
2 Planning finds that the particular use or class of use is of unusual or
3 transitory nature, or is unlikely to recur frequently, and unless his
4 determination thereon is reversed on grounds of error on appeal to the Zoning
5 Board, the determination shall thereafter be binding on oil officers and
E<
6 agencies of the City as an administrative ruling, and without further action
7 on or amendment of this zoning ordinance.
8 Where the director of the Department of Planning f inds, in making the
9 determination, that the particular use or class of use is likely to be common
10 or recurrent, and that omission of specific reference in this zoning ordinance
I I is likely to lead to public uncertainty and confusion, the director shall initiate
12 a proposed amendment to rectify the omission. Until final action has been
13 taken on such proposed amendment, the determination of the director of the
14 Department of Planning shall be binding on all officers and agencies of the
IS City as an interim administrative ruling.
SECTION 2002. GENERAL REQUIREMENTS CONCERNING ARRANGE-
-
N AND LOCATION U N -
, -/A IIVh; Hl.l CJJ.
16 In addition to minimum yard and building spacing requirements specified
17 in this zoning ordinance, all buildings and other structures, land preparation,
18 and landscaping shall be so located and arranged on lots as to provide safe and
19 convenient access for emergency purposes, fire protection, servicing, and off-
20 street parking and loading located on the premises. As to access through such —
21 premises, the following limitations shall apply:
2002.1. Prohibition of Use of Residentially Zoned Private Propert4 for
Access to Uses not Permitted in Residential Districts; Exceptions.
22 No private land which is residentially zoned shall be used for vehicular
23 or pedestrian access to land or structures in other districts used for any
20-5
I purpose not permitted in the residential district, except as provided below or
2 otherwise authorized by this zoning ordinance or other lawful regulations'.
2002.1.1, Special Access for Emer erica and Public Service Vehities;.,MaZ be
Authorized bY Class - 50eciol Permit.
3 Where provision does not exist for safe and convenient access for
4 emergency and public service vehicles, and such access is not reasonably
S feasible except through private land which is residentially zoned, access
6 reserved and limited to use by such vehicles may be authorized by Class C
7 special permits, subject to conditions and safeguards designed to protect the
8 tranquility and character of the residential area so traversed.
2002.1.2. Access for Pedestrians and C clists May be Authorized by Class B
pecial ermit.
9 Where convenience and safety would be promoted, walkways and bicycle
10 paths to non -residentially zoned land may be authorized by Class B special
II permits to cross private land which is residentially zoned, subject to
12 conditions and safeguards designed to protect the tranquility, character, and
13 security of the residential area so traversed. Reference of the application to
14 the Department of Law is required.
SECTION 2003. ACCESSORY USES AND STRUCTURES.
IS The following regulations and requirements apply to accessory uses and
16 structures:
2003.1. Dwellin2 or Lodging Occupancy Prohibited Unless Se2cifically
Permitted in District.
17 Except where specifically permitted by district regulations, use of
18 accessory buildings as dwellings or lodgings is prohibited.
2003.2. Accessory Buildin s to be Constructed Concurrent With or After
Construction of Princie9luil in .
19 Accessory buildings shall be constructed at the same time as, or
20-6
I following, construction of principal buildings.
2003.3. Accessnr din ; 5` cin Fte9uirements.
2 Unless a greater distance is required by the fire) construction, or other
3 codes of the City, accessory buildings on a lot shall be separated by at least {
4 five (5) feet from the principal building, and unless erected to a common wall i
5 shall be separated from each other by at least five (5) feet.
2003.4. AccessorX Buildings and Other structures; Limitations on Loca-
tion.
6
Except as otherwise authorized or regulated under the terms of this
7
ordinance, accessory buildings shall not be erected closer to any street than is
8
the principal building, and accessory structures shall not be located in any
9
required yard adjacent to a street.
2003.5. Home Occupations.
10
Where home occupations are permitted or permissible, the following
I I
limitations and requirements apply:
12
(a) Not more than one person not residing on the premises shall be
13
engaged in such home occupation.
14
(b) The use of the dwelling unit for the home occupation shall be
15
clearly incidental and subordinate to its use for residential purposes by its
16
occupants and the area devoted to the conduct of the home occupation shall
17
not exceed twenty-five percent (25%) of the first floor area of the residence,
18
exclusive of the area of any open porch or attached garage or similar space
19
not suited or intended for occupancy as living quarters. No rooms which have
20
been constructed as an addition to the residence, nor any attached porch or
21
garage which has been converted into living quarters, shall be considered as
22
floor area for the purpose of these regulations until two (2) years after the
23
date of completion thereof, as shown by the records of the City Building
20-7
I bepdrtment.
2 (c) No home occupation shal I be conducted in an accessory building.
3 (d) There shall be no change in the outside appearance of the building
4 or premises as a result of the conduct of such home occupation, or any visible
5 evidence thereof except not to exceed one sign, not exceeding one square
6 foot in area, non -illuminated, and mounted flat against the wall of the
7 residence.
8 (e) No traffic shall be generated by such home occupation in greater
9 volume than would normally be expected in the neighborhood, and any need
10 for parking generated by such occupation shall be met off the street and _
1 I other than in a required yard adjacent to a street.
12 (f) No equipment or process shall be used in such home occupation —
13 which creates noise, vibration, glare, fumes, or odors detectable to the
14 normal senses off the lot, if the home occupation is conducted in a detached
15 dwelling, or outside the dwelling unit if conducted in any other form of
16 dwelling. No equipment or process shall be used which creates visible or
17 audible interference in any radio or television receiver, or causes fluctuations
18 in line voltage, off the premises.
19 (g) No commodity shall be sold and delivered upon the premises.
20 (h) The following shall not be considered home occupations: barber or _
21 beauty shop, band instrument or dance instruction, swimming instruction,
22 other studio for group instruction, public dining facility or tearoom, antique
23 or gift shop, massage parlor, photographic studio, fortune telling or similar _
24 activity, outdoor repair or fabrication, food processing, retail sales, nursery
25 school or kindergarten, medical or dental laboratory.
26 (i) A home occupation shall be subject to all applicable City
27 occupational license and other business taxes.
ME
2003;6; F?etrnanant Active Recreatc�t. Facil,iti+�s as. Ac ssor _.:: Uses._ in
esident.ial Disttjpts,,,,5pepidI . Permits.
40
1 permanent outdoor swimming pools; tennis courts, and active recreation
2 facilities accessory to uses in residential districts require special permits as
3 follows:
4 (a) In locations not adjacent to streets, where total area in facilities
5 is less than twenty percent (20%) of gross area of the lot, a Class C special
6 permit is required.
7 (b) In yards or courts (required or other) adjacent to streets, and/or
8 where total area in facilities is twenty percent (20%) or more of the gross
9 area of the lot, a special exception is required. —
10 In connection with either type of special permit, such conditions and
I I safeguards shall be attached concerning screening, fencing, lighting, hours of
12 operation, control of noise and concentrations of persons or vehicles, and such
13 other matters as are reasonably necessary to protect the tranquility of the
14 neighborhood. In framing such special requirements in particular cases, due
15 consideration shall be given to the proposed location of activities as related
16 to existing or probable future location of living room or bedroom windows on
17 adjacent property. -
2003.7. Convenience Establshments As Accessory to Residential or Office —
ses.
18 In RG-2.2, RG-3, RG-4, R-0, and 0-1 districts, convenience establish-
19 ments shall be permitted as accessory to residential or office uses subject to
20 the following requirements and limitations:
2003.7.1. Minimum Number of Dwelling or Lodging Units; Minimum Gross
Floor Area for Office Building.
21 Accessory convenience establishments shall be permitted only in
w
22 connection with principal residential uses having at least fifty (50) lodging
20-9
I units or one hundred (100) dwelling units, or in connectiorti with office uses
2 having a minimum of twenty thousand (20,000) square feet of gross floor area
3 (exclusive of area to be included in such convenience establishments). -
20017.I.I. Conversion Table for Mixed Use Buildings.
4 Where buildings contain mixtures of such uses, and do not meet
5 minimum requirements for any of the individual elements limited above,
6 accessory convenience establishments shall be permitted if the total
7 combined uses are equivalent to one hundred (100) points, computed as
8 follows:
Use
I dwelling unit
.5 lodging units
Points
I
200 sq.ft. of gross floor area
in office use I
2003.7.2. Maximum Floor Area Permitted in AccessorX Convenience Estab- -
lis ment.
9 Maximum total floor area in all accessory convenience establishments
10 permitted shall not exceed an amount equivalent to ten percent (10%) of the
I I gross floor area of principal uses. In RG-2.2, RG-3, RG-4, RO-3, and RO-4
12 districts, such floor area shall be permitted in addition to the maximum _
13 allowable for other uses.
2003.7.3. Accessory Convenience Establishments, Uses Permitted.
14 The following convenience establishment uses shall be permitted in
15 connection with the principal uses indicated. In the case of hotels, apartment
16 hotels, and residence hotels involving mixtures of uses, bars shall be per-
17 mitted only if lodging units make up eighty percent (80%) or more of the
18 required minimum points (as computed at 2003.7.1.1), and restaurants shall be
20-10
1
I permitted without special permit under the same circuMstances,
2
3
4
5
6
7
8
9
10
Accessory
Convenience
Uses
Hotels_ etc,
w� ith 50 or
mo.. ore.e jo in
units
Apothecary
X
Bar
X
Barber shop
X
Beau+ shoP
X
Residential
uses with
I or more
we ing units
X
S
X
Offices with
20,0 qfi,.
or more gross
+`door area
X
S*
X
X
Y
Laundry or dry
cleaning agency
X
X
X
News stand
X
X
X
Physician's or
dentist's office
X
X
P
Restaurant
X
C
C
Sundry shop (including
gifts, food items,
household staples
X
X
X
X-Permitted -Not Permitted
C--Class C permit
P--Permitted by
required
right, not
S--Special excep-
subject to
tion required
accessory use
floor area
limitations
*60,000 square feet required.
2003.7.4. Limitations on Size of Restaurants as AccessorX Convenience
Establishments.
Where restaurants are accessory to residential uses, gross area shall not
exceed an amount equal to twenty (20) square feet for each dwelling or
lodging unit, and the maximum number of seats shall be two-thirds of a 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 percent (20%) of total seating.
Where restaurants are accessory to office uses, total area shall not
exceed an amount equal to one square foot for each twenty (20) square feet
of gross floor area in office use.
�l
2003,7.5. L.irnifations on Access #o Accessor Co�,venience Estbiishmen.ts.
1 All access to any such accessory convenience establishments, except for
2 necessary service entrances and fire exits, shall be from a lobby, or other _
3 interior portion of the building.
2003.7.6. Limitations on Signs,,t)isplay.
4 No signs or displays relating to such accessory convenience establish-
5 ments shall be visible outside the building.
2003.7.7. Limitations on Location of Offstreet Parking for Restaurants. '
6 Offstreet parking for restaurants shall be segregated from other parking
7 and reserved for restaurant patrons. Offstreet parking required for
8 residential uses shall be reserved for such uses and shall not be used for
9 restaurant parking, except for occupants of the principal uses.
2003.7.8. Offstreet Loading_ Facilities for Restaurants.
10 Restaurant uses shall provide adequate offstreet loading and service
II areas, screened and buffered as to visibility from surrounding residential
12 development, accessways for the principal use and restaurant facility, and
13 public ways.
2003.7.9. Location, Orientation, Design, Landscaping.
14 All restaurant facilities shall be so located, oriented, and designed as to
15 minimize friction between restaurant activities and those principal or
16 accessory residential activities requiring particular privacy or security. As
17 appropriate to this purpose, landscaping, fencing, or other separation,
18 buffering, and/or safeguards shall be provided.
2003.8. Self -Service Sales of Motor Fuels as Accessory Use at Conven-
ience Establishments Prohibited.
19 The sale of motor fuels as an accessory use at convenience establish-
20-12
I meats is prohibited.
SECTION 2004. RESEEVED.
ated T
SECTION 2005. GENERAL TERMS DEFINED• RELATED LIMITATIONS.
2005.1. Lot Defined; Prohibition A ainst Divisions Creating,Substandard
Lots.
2 A lot is a parcel of land. For the regulatory purposes of this Ordinance,
3 a lot may consist of a single lot of record, a portion of a lot of record,
4 combinations of adjacent individual lots and/or portions of lots, or a parcel
5 described by metes and bounds, provided that in no case of division or
6 combination by private action shall any residual lot be created which does not
7 meet the requirements of this Ordinance and other applicable regulations.
2005.2. Lot, Conforming, Defined.
8 A conforming lot is a parcel of land meeting the requirements of this
9 Ordinance as to dimensions (width, depth, or area) and access. Unless
10 otherwise indicated, the term "lot" as used in these regulations shall be
I I construed to mean a conforming lot.
2005.3. Lot, Nonconforming, Defined.
12 A nonconforming lot is a lot with dimensions or access not meeting
13 minimum requirements of this Ordinance as passed or amended which;
14 (a) Existed at the time of passage or amendment of this Ordinance, or
15 (b) Was made deficient in dimensions or access, or had its deficiency
16 increased, as a result of public taking, or
17 (c) Was created or made deficient in dimensions or access by order of
4 18 a court of competent jurisdiction under circumstances where justice or equity
19 preclude establishment of conforming lots.
20-13
2005.4. Lot ,_5ubstar1dard Defined Prohibited.
I A substandard lot is a lot other than a conforming or nonconforming lot,
2 as defined at Sections 2005.2. and 2005.30 privately created after passage or
3 amendment of this ordinance and not in accord with its requirements as to
4 dimensions and/or access. The creation of such lots is prohibited and shall be
5 construed as violation of this Zoning Ordinance,
2005.5. Lot, Regulars Defined.
6 A regular lot is a lot abutting a public street or approved private street,
7 so located, shaped, and oriented to the street and to adjacent lots as to be
8 reasonably adapted to application of general requirements and limitations as
9 indicated herein at Section 2006 below, and with location of yards by type
10 (front, side, rear, and special) logically determined by and functionally
I I related to adjacent yard patterns.
2005.6. Lot, Irregular, Defined.
12 An irregular lot is a lot so located, shaped, or oriented to adjacent lots
13 and/or access ways that application of general measurement methods or yard
14 requirements of the district in which it is located serves no significant
15 purpose, and/or with location of yards by type (front, side, and rear) not
16 logically determined by nor related to yard patterns on nearby regular lots.
2005.7. Yard, Defined; General Limitations on Occupancy.
17 A yard is an open space other than a court unoccupied and unobstructed
18 by any structure or portion of a structure from thirty-six (36) inches above
19 the general ground level of the graded lot upward (except as otherwise
20 provided by these regulations), provided, however, that fences and walls may
21 be permitted in any yard subject to height limitations established herein, and
22 further provided that poles, posts, and other customary yard accessories,
23 ornaments, and furniture shall be permitted in any required yard if they do
20-14
I not constitute substantial impediments to free flow of light and air across
2 the yard to adjoining properties,
2005.8. Court, Defined; q!jneral Limitations on Occupancy.
3 A court is an uncovered outdoor space enclosed on two or more sides by
4 exterior walls of buildings on the some lot. Courts need not be based at or
5 near grade level, depending on their function in buildings, but limitations on
6 occupancy from the surface of the required court upward shall be as provided
7 for yards, above.
2005.9. Buildable Area, Defined; Limitations on Occupancy.
8 Buildable Area. Buildable area shall mean the portion of a lot
9 remaining after required yards have been provided. Buildings may be placed
10 in any part of the buildable area, but limitations on percent of the lot which
11 may be covered by buildings may require open space within the buildable
1 12 area.
2005.10. Lot Coverage, Defined.
13 Lot coverage is defined as coverage of the lot by all buildings, principal —
14 and accessory, including eaves, balconies, and other structural projections.
2005.11. Limitations on Lots not Platted in Accordance with Current
egulations.
15 Where lands have been or are subdivided or resubdivided, but ownership
16 is described by metes and bounds without recording a plat in the manner and
17 form required by regulations in effect at the effective date of this Zoning
18 Ordinance, such lands may be used in accordance with the terms of this _
19 Zoning Ordinance provided (a) that all necessary public facilities, services,
20 and utilities are available to or located on (as the case may be) such lands, or
21 an agreement satisfactory to the City has been made and recorded whereby
20-15
5
0
7
12
13
14
15
the deficiencies in necessary public facllitiesr services, or utilities will be
remedieds at (b) that d plot 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.
SECTION 2006, REGULAR LOTS.
2006.1. Regular Lotst Measurement of Width.
The width of a regular lot shall be measured across the rear of the
required front yard or at the base building line, whichever establishes the
front of the buildable area on the lot, provided however that width between
side lot lines where they intersect with the street line shall not be less than
eighty percent (80%) 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 percent
(80%) requirement shall not apply. The diagram below indicates the rela-
tionships involved.
R 90Y
_40= q0
0 .0
w S00
/ A 6
Lot "taper" permissible at 90' curve
radius (A) or along straight street
(B), with required front yard depth
201, required lot width 501. (Street
line 80% of lot width as measured
at rear of required front yard.)
R 70�
�o 38.8 3g.8 �0.
50' g0
jc o
Lots with lines radial to a curved
street line with curve radius less
than 90' (in this case 701) need not
comply with 80% rule. Lot C and
D show application with 20' front
yard, in turning circles of cul-de-
sacs, or at sharp bends in streets,
20-16
2006.2. Re. lar, Lot, Area.
2006.241, Regylar Lott, Net_Arga.
I Net area of U regular lot shall be construed as total area within its
2 boundaries.
2006.2.2. Regular Lott. -Gross Area.
3 Gross area of a regular lot, where used for computation of allowable
4 floor area through application of floor area ratios or for other purposes, shall
5 be computed as the net area of the lot, as described above, plus half of
6
7
U
40 15
16
adjoining permanent open space such as streets, parks, lakes, rivers, bays, and
the like, up to the maximum specified for the district or the land use sector.
Where such space adjoins lots on two adjacent sides, the area thus added shall
include the area required to complete the gap otherwise left at the
intersection, as indicated at a, below:
STREE
PARK
I/2 WIDTH TO
MAXIMUM SET
FOR DISTRICT
A
T.1/2 WIDTH TO
MAXIMUM SET
FOR DISTRICT
The gross area of Lot I is thus the area within its boundaries plus the
hatched areas at the top and side, including the small rectangle marked (a).
Where air rights are involved, the extent of such rights shall be con-
sidered to be the some as the gross area of lot, except that in maximum floor
area computations, where the space below such air rights is occupied by
buildings, in whole or in part, the maximum floor area permissible shall
20-17
I include the flog area of such buildings, except for floor areas below grade six
2 (6) feet or more, or other flour areas excluded generally or in the district.
2006.1. RNL1gt, Lots.,,fiyPvts:
3 the diagram below illustrates terminology used herein with reference to
4 regular, corner, interior, reversed frontage, and through lots.
5 In the diagram, A is a corner lot, defined as a lot located at the
6 intersection of two or more streets. A lot abutting a curved street or streets
7 shall be considered a corner lot if straight lines drawn from the foremost
8 points of the side lot lines to the foremost point of the lot (projected if
9 rounded) meet at an interior angle of less than 135 degrees. (See lots marked
10 A (1) in the diagram.)
I I B is an interior lot, defined as a lot other than corner lot, and abutting —
12 only one street. (Alleys shall not be considered as streets for purposes of this
13 definition.)
14 C is a through lot, defined as a lot other than a corner lot, and with
15 frontage on more than one street. Through lots abutting two streets may be
16 referred to as double -frontage lots. (Alleys shall not be considered as streets
20-18
10
I for purposes of this definition.)
2 D is a reyersed Lrqnt qgt Jot, defined as a lot on which the frontage is at
3 right angles or approximately right angles (interior angles less than 135
4 degrees) to the general pattern in the area. A reversed frontage lot may also
5 be in a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot
6 (C-b).
2006.4. Rear Lots) _Lot Frontage.
7 On regular interior lots, the front of a lot shall be construed as the
8 portion nearest the street.
9 On regular corner lots, the front of a lot shall be construed as the
10 shortest boundary adjacent to a street. If the lot has equal frontage on two
11 (2) or more streets, frontage shall be construed in accordance with the
12 prevailing building pattern, or the prevailing lotting pattern if a building
13 pattern has not been established, at the option of the applicant.
14 On reversed frontage corner lots, the front of a lot shall be construed as
15 the shortest boundary adjacent to a street, provided, however, that if the —
16 shortest boundary adjacent to a street is eighty percent (80%) or more of the
17 length of the longest boundary adjacent to a street• the applicant may select
18 either frontage for the full -depth front yard required, if lot width
19 requirements for the district are met.
20 On regular through lots, all portions adjacent to streets shall be con-
21 sidered in establishing frontage for regulatory purposes. If the administrative
22 official finds that the pattern of lots and/or the pattern of required yards on
23 lots adjacent to portions of the through lot is such as to justify a requirement
24 that more than one frontage be provided on the lot, such additional frontage
25 shall be required.
ME
2006.5. Regular Lots, .Yards;._.Meth ds_fnr_,M asueemet tSpecidl BeA2. m
The following rules shall apply with regard to determinations on yards
2 on regular lots: r
2006.5.1 . Yards Adjacent to Streets.
3 Except where base building lines establish other points from which
4 measurements shall be taken, required yards adjacent to streets shall be
5 measured as follows. A straight line shall be drawn between the two points at
6 which lot lines for the portion of the lot involved intersect the street line.
7 Where property corners are rounded, such points shall be plotted by projecting
8 the lot lines to the point where they would have met without rounding. Depth
9 or width of required yards adjacent to streets shall be measured perpendicular —
10 to such straight lines, and the inner line of such required yards shall be
I I parallel to the outer line, and at the minimum distance therefrom prescribed
12 in district regulations.
2006.5.1.1. Front Yards on Interior Lots.
13 Front yards on interior lots shall be construed as extending between side
14 lot lines across the frontage of the lot.
2006.5.1.2. Front Yards on Corner Lots. -
15 Front yards on corner lots shall be construed as extending across the
16. frontage of the lot from the interior side lot line to the opposite street line.
2006.5.1.3. Other Yards Adjacent to Streets• Width to be Three -Fourths
of Front Yard Depthequirement.
17 For other yards adjacent to streets and where portions of the lot adjoin
18 a street other than in frontage, the requirements, methods of measurement,
19 and limitations (other. than dimensional) shall be as for front yards.
20 Minimum width of such yards shall be three -fourths of the minimum
J
I front yard depth requirement for the district) unless otherwise provided in
2 regulations in pdrticular districts.
2006►5.2. Interior Side Yards.
2006.5.2.1. Interior Side Yards; Credit for Adjacent Alleys.
3 Interior side yards shall be construed as running from the rear line of
4 the required front yard to the front line of the required rear yard. Where a
5 side lot line adjoins an alley, up to one half the width of the alley shall be
6 credited as meeting not more than one half of the side yard requirement
7 (minimum three (3) feet). Width of a required side yard shall be measured
8 perpendicular to the lot line (or to a line constructed in the alley, where one
9 exists, parallel to the lot line and at such distance therefrom as is to be
10 credited) and the inner line of the required yard shall be parallel to such outer
I I line, and at the minimum distance therefrom prescribed in district regula-
12 tions.
2006.5.2.2. Interior Side Yards on Through Lots With More Than One
Front Yard.
13 Interior side yards on through lots with more than one front yard shall
14 be construed as running to the rear lines of front yards involved, and
15 measurements and requirements shall be as for Section 2006.5.2.1, above.
2006.5.2.3. Interior Side Yards on Corner Lots.
16 On corner lots, all yards not adjacent to streets shall be construed as
17 side yards, and measurements and requirements shall be as for Section
18 2006.5.2.1, above.
2006.5.3. Rear Yards.
2006.5.3.1. Rear Yards; Credit for Adjacent AIIeXs.
40 19 Rear yards shall be construed as extending across the full width of the
20 lot at its rear. Required depth of rear yards shall be determined in the some
20-21
I manner as required width of interior side yards, with similar credit for
2 portions of any adjacent alley,
2006.5.3.2. No Meer Yard _Reauired on Corn
3 On through lots providing two front yards, and on corner lots, there will
4 be no required rear yard, and yards other than those adjacent to streets shall
5 be construed as side yards, as provided at Section 2006.5.2.2 and 2006.5.2.3,
6 above.
2006.5.4. Special Yards; Credit for Ad]acent Alleys.
7 A special yard, for purposes of these regulations, shall be construed as a
8 yard other than adjacent to a street, required to perform the same functions
9 as a side or rear yard, but adjacent to a lot line so placed or oriented that
10 neither the term "side yard" nor the term "rear yard," as generally
I I determined, defined, or applied with respect to regular lots, fits the circum-
12 stances of the case. In such instances, the Zoning Administrator shall require
13 a special yard, with minimum dimensions and methods of measurement as
14 generally required for either a side or rear yard in the district, determining
15 which shall apply by the relation of the portion of the lot on which the yard is
16 to be located to the adjoining lot or lots, with due regard to the orientation of
17 structures and buildable areas thereon. Credit shall be given for adjacent
18 alleys in the same manner as for side or rear yards.
2006.5.5. Waterfront Yards. —
19 Waterfront yards are defined for purposes of this zoning ordinance as
20 yards adjacent to waterways fifty (50) feet or more in average width adjacent
21 to the yard. Lots having one or more such waterfront yards shall be considered
22 waterfront lots.
23 Where a waterfront yard is required on a lot, the requirement shall be
20-22
I construed as replacing yard requirements otherwise applicable to the portion
2 of the lot involved. Depth of required waterfront yards shall be measured
3 perpendicular to the actual waterfront line, provided, however, that in the
4 case of irregularities in such line, such projections, curves or chords may be
5 used as are reasonably necessary to achieve a regular outer boundary for the
6 yard, reasonable in relation to the general pattern of waterfront yards on
7 adjoining lots. Where requirements establish a minimum and an average depth
8 for such yards, the minimum area within yard boundaries shall equal the
9 average depth required times the distance between the lot lines at midpoints
10 of portions bordering the yard.
I I (See also Miami City Charter, Section 3(4)(b).)
2006.5.6. Diagram: Yards on Re ular Lots.
12 The diagram shown at Section 2007.8. indicates nomenclature, location,
13 and methods for measurement of yards on regular lots, as compared to regular
• 14 lots.
SECTION 2007. IRREGULAR LOTS; DIMENSIONAL ACCESS AND
L D REQUIREMENTS.
15 An irregular lot shall be considered to meet dimensional and related
16 requirements of the district in which located only if it meets the following
17 conditions:
2007.1. Minimum Lot Area; Exclusions From Computations.
18 Minimum lot area shall meet district requirements for the proposed use.
19 Such area shall be computed as provided at Section 2006.2, provided that no
20 portion of the lot which is used primarily for access, and does not constitute a
21 portion of the main body of the lot shall be included. Where gross lot area is
22 involved, only so much of the accessway outside the main body of the lot shall
' 23 be credited to gross area as would accrue if the portion of the accessway
24 outside the main body of the lot were adjacent permanent open space.
20-23
2007.2. Clearance from Lot Lines.
I All yards shall provide the same clearance from lot lines as required for
2 side yards for the same structures and uses in the district.
2.007.3. Total Area in Open Space on the Lot.
3 Total area in open space in the main body of the lot shall be not less
4 than total area in required yards and other required open space, if any, for
5 the use on a regular rectangular lot of required minimum width and area.
6 Aside from the minimum requirement for separation equivalent to that pro-
7 vided for side yards on regular lots in the district under Section 2007.29 and
8 applicable requirements for waterfront yards, which shall be construed, -
9 dimensioned, and measured as for regular lots, such open space may be
10 located and dimensioned without regard to designation as front, side, or rear
I I yards, but shall be subject to limitations as for yards, generally, as set forth
12 at Section 2005.7. Maximum lot coverage for all buildings shall not exceed
13 any limitation set generally by regulations for the district. In determination,
14 only such portion of accessways that are within the lot ownership shall be
15 included in dross lot area computation.
2007.4. Buildable Area on the Lot.
16 The buildable area remaining after yard and other open space require-
1 7 ments have been met as set forth above shall have width, depth, and area of
18 the buildable area on the minimum regular lot (other than a nonconforming
19 lot) could be used for the proposed purpose in the district.
200 r Access.
20 f tie lot shall have access to a public street through a portion thereof or
21 through an approved private street or driveway, which may be an approved
22 access easerrnent. Such portion of lot or accessway shall be at least twenty
23 (20) ff,.,ef in width if serving uses requiring nine (9) or less off-street parking
20-24
E
I spaces in combination, twenty five (25) feet in width it serving uses requiring
2 ten (10) or more off-street spaces in combination, In connection with
3 approvals of such arrangements, which shall be by Class C special permits
4 greater widths for part at all of such access may be required if found reaso=
5 nobly necessary in relation to combination of access and other easements or
6 for other reasons, and lesser widths may be permitted for all or part of such
7 access where preservation of desirable natural or cultural features is involved
8 and such reduction will not unreasonably impair access or other functions.
2007.6. Subdivision of Irregular Lots to Create Regular Lots.
9 Any irregular lot may be subdivided, in compliance with applicable
10 subdivision regulations and improvement requirements, to create conforming
I I regular lots, as defined at Section 2005.5 provided that no substandard lots
12 remain as a result of such action.
2007.7. Lots of Unusual Depth; Creation of Irregular Lots.
13 Where interior lots of unusual depth have frontage on public streets, are
14 of sufficient width to provide for a conforming regular lot at the front, but
15 have insufficient additional width to provide for a street as required generally
16 for land subdivision, such lots may be subdivided to create one conforming
17 regular lot fronting on the public street, and additional irregular lots meeting
18 the requirements set forth above in this Section.
2007.8. Diagram: Yards on Regular and.irregular Lots.
19 The following diagram indicates nomenclature, location, and methods
20 for measurement for yards on regular lots as compared to irregular lots.
20-25
r
WATER
YARDS
FRONT lM.
SIDE
REAR
STREET SIDE
m7 WATER FRONT
SPECIAL
• IRREGULAR
LOT LINES - •' : ,^'.:�� r f,,'.Y•, :,.
YARD MEASUREMENT LINES
NOTE ! ALL LOTS ARE REGULAR, EXCEPT A, B,C a D WHICH ARE IRREGULAR
SECTION 2008. REQUIRED YARDS AND OTHER REQUIRED OPEN SPA-
CES; DETAILED LIMITATIONS ON OCCUPANCY.
In addition to general limitations on required yard or open space
2 occupancy set forth herein, the following limitations and requirements shall
3 apply, except as elsewhere specifically provided in this Zoning Ordinance.
2008.1. Permanent Structural Projections From Buildings.
4 Eaves, sills, belt courses, cornices, gutters, chimneys, fireplaces, flues,
5 ducts, pipes, air conditioners, pilasters and the like, and unenclosed
W&V
•
n
I balconies, If not otherwise proscribed, may project not more than three (3)
2 feet Into space on or over any required yard or other open space, provided
3 that no such projection shall exceed half the required width of the yard as
4 established in district regulations or come within less than three (1) feet of
5 the lot line.
2008.2. Porches and Entries.
6 Porches and entries may project into required yards as indicated below,
7 provided that no such projection shall intrude upon any required visibility
8 triangle.
2008.2.1. Porches and Entries, Enclosed or Unenclosed, in Front Yards.
9 Porches and entries, enclosed or unenclosed, may project not more than
10 six (6) feet into required front yards, provided that enclosed porches and
I I entries, or enclosed portions of porches and entries shall not exceed twelve
12 (12) feet or one half 02) the width of the lot (whichever shall be less) in width
13 along the front of the building.
2008.2.2. Porches and Entries, Encl
osed. in Other Yards
14 Porches and entries, enclosed or unenclosed, may project not more than
15 four (4) feet into yards other than front yards, adjacent to streets, provided
16 that enclosed porches and entries, or enclosed portions thereof, shall not
17 exceed twelve (12) feet in width along the side of the building.
2008.3. Canopies and Awnings.
18 Canopies and awnings as defined in The South Florida Building Code at
19 Sections 4302 and 4402, shall be limited in their location, minimum horizontal
20 and vertical clearances, and use as provided in Sections 4304 and 4404 of said
21 Code. In addition, the following limitations and requirements shall apply.
20-27
2008.3.1. Movable wni for §bade: ar helter_2 bao s and Windaws.
I Movable awnings primarily for shade or shelter of doors and windows
2 shall be entirely supported from the building, and shall not project more than
3 three (3) feet or one half the width of the required yard (whichever is least)
4 over any required yard.
2008.3.2. Cano ies or Awninq§ as Pedestrian,EntrX Shelters.
5 Shelters intended primarily for coverage of pedestrian ways leading to
6 streets, sidewalks, or offstreet parking areas shall be permitted in required
7 yards, provided that they shall not cover more than twenty percent (20%) of
8 the area of the required yard in which they are located, that no such shelter
9 shall exceed twelve (12) feet in height, and that no such canopy or awning
10 shall be screened or enclosed in any manner except by permitted landscaping.
I I Further restrictions and limitations are as follows:
2008.3.2.1. Intermittent Use at Places of Worshie in One-Famil or
Two -Family Residential Districts.
12 In one -family or two-family residential districts, such shelters shall be —
13 permitted only in connection with places of worship, shall be constructed of
Its canvas or similar flexible material on movable framing, and shall not remain
15 permanently erected, but shall be erected and removed in connection with
16 services and ceremonies. No such shelters shall exceed twelve (12) feet in
17 width.
2008.3.2.2. Generally Permitted in Other Districts.
18 In districts other than one -family or two-family residential, and in
19 connection with permitted or permissible uses therein, pedestrian entry
20 shelters may be either movable or permanent, subject to the requirements
21 and restrictions set forth in The South Florida Building Code and the
22 limitations on height, enclosure, and coverage of area of required yards set
20-28
I forth above, at Section 2008.3.2.
2008.3.3.
2 Canopies or awnings intended primarily to provide shade or shelter for
3 pedestrian open space in required yards (other than in the form of pedestrian
4 entry shelters) shall be limited and restricted as for Section 2008.3.2,
5 Canopies or Awnings as Pedestrian Entry Shelters, provided that no coverage
6 of any required yard by pedestrian entry shelters or canopies or awnings over
7 other pedestrian open space shall exceed, in combination, twenty five percent
8 (25%) of the area of the required yord, and that no such canopy or awning
9 shall exceed twelve (12) feet in height above the surface of the area
10 sheltered.
2008.3.4. Canopies Over Vehicular Areas.
. 11 In connection with multifamily residential, hotel, commercial, service,
12 or industrial uses in districts in which permitted, canopies for shelter of
13 parking, loading, or servicing of vehicles shall be permitted in required yards
14 to the extent to which such activities are permitted in required yards subject
15 to the following limitations and requirements and any further special
16 limitations and requirements established by district regulations or for
17 particular classes of uses:
18 (a) No portion of such canopy shall be closer than six (6) feet to any
19 street line, as projected vertically; and
20 (b) No portion of such canopy shall be closer than twenty (20) feet to
21 any lot line intersecting the street line; and
22 (c) No portion of such canopy, including supports, shall be within
23 twenty five (25) feet of any street intersection, as projected vertically; and
24 (d) No such canopy, or canopies in combination, shall cover more than
25 twenty percent (20%) of the area of the required yard over which extended;
20-29
and
2 (e) Such canopy shall remain unenciosed on at least three (3) sides.
2008.4. Si ns in or oy:pt Re9uiredYards.
3 Signs may be erected in, or may overhang, required yards, to the extent
4 permitted in district regulations, but shall not be so constructed or located as
5 to interfere with visibility triangle requirements or create traffic hazards.
6 (See Section 2008.9 for visibility triangle requirements.)
2008.5. Fences Walls Hedges in Residential_ Districts or
........._.
Residential istricts.
7 Fences and walls may be erected and maintained, and hedges may be
8 grown and maintained in required yards in residential districts or in required
9 yards adjoining the boundaries of districts adjacent to residential districts,
10 provided that no such fence, wall or hedge shall exceed a height of eight (8)
11 feet other than within required visibility triangles, or a height of thirty (30)
12 inches within required visibility triangles.
2008.6. Waterfront Yards.
13 For limitations on uses in waterfront yards, see Section 2024.
14 (See also Miami City Charter, Section 3(4)(b).)
2008.7. Reserved.
2008.8. Limitations of Drivewa s and Offstreet Parking, and Landsca
ernjirements. in Henuired Yards Adiacent to treets.
2008.8.1. In Residential Districts.
15 Offstreet parking for uses in residential districts RS-1 through RO shall
16 be permitted in required yards adjacent to streets only to the extent
17 allowable under the following limitations:
18 (a) Within such yards, parking shall be permitted only in portions at
20-30
I
least seven and one half U'h) feet from street lot lines where parking is
2
perpendicular to the lot line, and five (5) feet where parking or a driveway Is
3
parallel to the lot line,
4
(b) Portions of such yards not devoted to offstreet parking shall be
5
maintained In landscaping (subject to requirements concerning maintenance
6
of visibility at intersections) or pedestrian ways, except for driveways which
7
are limited to a width of twenty (20) feet for one and two family dwellings,
8
and to a width of twenty four (24) feet for multifamily dwellings (excluding
9
flares in both cases), Except as provided below, paved areas in such
10
driveways shall not exceed forty percent (40%) of the total area of the
II
required yard.
12
in LUI sectors 1 and 2, and for single-family detached dwellings in LUI
13
sectors 3 and 4, driveways and parking combined shall not to exceed fifty
14
percent (50%) of such required yards. In LUI sector 3, for duplexes and
15
attached dwellings, and LUI sectors 5-8, restrictions on percent of area
16
required for paved driveways shall not apply.
17
No portion of such driveway in a required yard adjacent to a street shall
18
be within five (5) feet of any side or rear property line except where owners
19
of adjoining properties provide joint access.
2008.8.2. in 0-1 or CR Districts.
20 Offstreet parking for uses in 0-1 or CR districts shall be permitted in
21 required yards adjacent to streets only to the extent allowable under the
22 following limitations:
23 (a) Within such yards, parking shall be permitted only in portions at
24 least five (5) feet from street lot lines.
25 (b) Portions of such yards not devoted to offstreet parking shall be
( 26 maintained in landscaping (subject to requirements concerning maintenance
27 of visibility at intersections) or pedestrian ways, except for driveways which
20-31
I are limited to twenty four (24) feet in width (excluding flares). Laved area in
2 such driveways shall not exceed forty percent (40%) of the total area of the
3 required yard. No portion of any such driveway in a required yard adjacent to
4 a street shall be within five (5) feet of any side or rear property line except
5 where owners of adjoining properties provide joint access.
2008.9: Vision Clearance at Intersections.
2008.9.1. Intent;_ "Material 1mpediment._to„Visibility" Construed.
I
6 It is the intent of these regulations to provide protection from traffic
7 hazards at intersections for automotive vehicles and their passengers, and for
8 cyclists and pedestrians, including small children. In light of this intent, the
9 phrase "material impediment to visibility," as used here, is to be construed as
10 any material obstruction to visibility which would result in concealment of a
I I child over two and one half (M) feet in height approaching an intersection, or
12 would conceal an approaching automotive vehicle or cyclist from such a child.
13 In determinations as to whether or not there is material impediment to
14 visibility, the speed, direction, and duration of movement to point of
15 potential collision or contact shall be considered. —
2008.9.2. In District in Which Yards are Generally Required.
16 In any district in which yards are generally required adjacent to streets,
17 nothing shall be erected, placed, planted, or allowed to grow in such a manner
18 as to form a material impediment to visibility between the heights of two and
19 one half (M) feet and ten (10) feet above the street grade level within
f?0 visibility triangles described below:
2008.9.2.1. At Street Intersections.
21 At street intersections, such visibility triangles shall be maintained to
22 include on area bounded by the first twenty five (25) feet along the
23 intersecting edges of the right of way (or base building line) projected where =
20-32
77,
I rounded, and a line running across the lot and connecting the ends of such
2 twenty five (25) foot lines.
2008.9.2.2. At Intersections of Drivewa s With Streets.
At intersections of driveways with streets, such visibility triangles shall
4 be maintained to include an area bounded by the first twenty (20) feet along
5 the intersecting edges of the driving surfaces of the street and the driveway,
6 projected where rounded, and a line running across any intervening right of
7 way and the lot and connecting the ends of such twenty (20) foot lines.
2008.9,3. In Districts in Which Yards Are Not Generally Required.
y
8 In districts in which yards are not generally required adjacent to
9 streets, similar limitations on material impediments to visibility shall apply
10 at street intersections within a visibility triangle bounded by the first ten (10)
I I feet along the intersecting edges of the right of way (or base building line)
S 12 projected where rounded, and a line running across the lot and connecting the
13 ends of such ten (10) foot lines.
2008.10 Bus Passenger Shelters• Bus Benches• Telephone Booths• Mail and -_
Newspaper Boxes.
14 Bus passenger shelters, bus benches, and telephone booths are permissi-
1 S ble by Class A special permit in any required yard adjacent to a street,
16 subject to restrictions set forth at Section 2008.9 regarding vision clearance,
17 and further provided that in residential districts and in cases where other
18 districts adjoin residential districts without an intervening street or alley, no
19 such facility shall be located within ten (10) feet of any property line (other
20 than along a street) intersecting the street line. _
21 Except where otherwise specifically authorized by Class C special
22 permit in particular cases or classes of cases, or authorized by direct action
23 of the City Commission, no bus shelter or bench in any residential district
20-33
I shell bear any signs, temporary ar permanents other than for Identlifleatioriof
2 location and routing and scheduling of buses► Advertising signs and carstpagn
3 signs on such shelters or benches are specifically prohibited unless otherwise
4 authorized. In districts other than residential) the number, area, dnd
5 character of such signs shall be as generally provided by district regulations.
6 Mail boxes are permitted in any required yard adjacent to a street,
7 placed in accord with U.S. Postal Service regulations. Approved newspaper
8 boxes or other curbside delivery receptacles are permitted in any required
9 yard adjacent to a street. No mail box, newspaper box; or other curbside
10 delivery receptacle shall extend closer than one foot to the inner face of any
I I curb. Regulations concerning interference with underground utilities shall be
12 observed.
13
14
15
16
17
18
19
20
21
SECTION 2009. RESERVED.
SECTION 2010. R-G AND PD-H DISTRICTS AND OTHER DISTRICTS IN
AKE HENMI I I CU.
R-G and PD-H districts permitted attached and multifamily dwellings
and mixtures of dwelling types, as do certain other districts. Residential uses
in such districts are governed herein by special forms of regulations, some
features of which are applicable to other uses. The provisions which follow in
Sections 2011, 2012, and 2013 relate to the land use intensity (LUI) system,
and land use intensity sectors supplementing the Official Zoning Atlas as
provided at Section 300.1, to open space and building spacing requirements
applying in such districts or to such uses, and to other special requirements
and limitations applicable thereto.
20-34
0
StIUT M 2d 1 I t
tixcept as generally or specifically modified herein) Minimum Property
2 Standards for Multifamily Housing, Volume 2) and Manual of Acceptable
3 Practices) Volume 4) of the four -volume system of physical development
4 standards of the United States Department of Housing and Urban Develop-
5 merit in their current editions) together with related standards and explana-
6 tory materials) shall be a supplemental guide on site and building planning and
7 related definitions) measurements) ratios) and requirements. References to
8 Minimum Property Standards for Multifamily Housing may be abbreviated
9 herein as MPS; references to the Manual of Acceptable Practices as MAP,
2011.1. General Modifications.
2011.1.1. Establishment of Land Use IntensitZ Ratings bX LUI Sector Maps
and LUI Tables.
10 For purposes of these regulations, land use intensity ratings applicable
I I within subareas of the City shall be established by LUI sectors as provided at
12 Section 300.1, and shown on the Zoning Atlas. Within certain special
13 districts, however, LUI ratings and related ratios, requirements and limita-
14 tions vary. Application within these districts shall be according to the tables
15 below.
20-35
T
8�2. IUN 2011.
Except as generally or specifically modified herein, Minimum Property
Standards for Multifamily Housing, Volume 2, and Manual of Acceptable
Practices, Volume 4, of the four -volume system of physical development
standards of the United States Department of Housing and Urban Develop-
ment in their current editions, together with related standards an`d explana-
tory materials, shall be a supplemental guide on site and building planning and
related definitions, measurements, ratios, and requirements. References to
Minimum Property Standards for Multifamily Housing may be abbreviated
herein as MPS; references to the Manual of Acceptable Practices as MAP.
2011.1. General Modifications.
2011. I.I. Establishment of Land Use Intensity Ratin s by LUI Sector Maps
an o es.
For purposes of these regulations, land use intensity ratings applicable
within subareas of the City shall be established by LUI sectors as provided at
Section 300.1, and shown on the Zoning Atlas. Within certain special
districts, however, LUI ratings and related ratios, requirements and limita-
tions vary. Application within these districts shall be according to the tables
below.
20-35
LAND USA INTLNSITY RAtINOS AND RrLATM RATIOS
rOR RESIN NTIAL USI=S
Offstreet
Perking Spaces
LUI P-er D •U.
RATING r.A.R. O.S.I . L.S.I . TIC..a.
50
.40
.72
.44
.05
1.4
51
.43
.72
.43
.06
1.4
52
.46
.72
.42
.06
1.4
53
.49
.71
.41
.06
1.3
54
.53
.71
.41
.06
1.3
55
.57
.71
.40
.06
1.3
56
.61
.70
.40
.07
1.3
57
.65
.70
.40
.07
,11.3
58
.70
.69
.40
.07
1.2
59
.75
.69
.40
.08
1.2
60
.80
.68
.40
.08
1.2
61
.86
.68
.40
.08
1.2
62
.92
.68
.40
.08
1.2
63
.99
.68
.40
.09
1.2
64
1,06
.68
.40
.09
1.1
65
1.13
.67
.41
.09
1.1
66
1.21
.67
.41
.10
1.1
67
1.30
.67
.42
.10
1.1
68
1.39
.68
.42
.10
1.1
69
1.49
.68
.43
.10
1.1
70
1.60
.68
.43
.11
1.0
71
1.72
.68
.45
.12
1.0
72
1.84
.69
.46
.12
1.0
73
1.97
.70
.47
.12
1.0
74
2.11
.71
.49
.13
.9
75
2.26
.72
.50
.14
.9
76
2.42
.75
.51
.15
.9
77
2.60
.76
.52
.15
.9
78
2.79
.81
.56
.15
.8
79
2.99
.83
.57
.15
.8
80
3.20
.86
.61
.16
.8
81
3.44
.89
.62
.17
.8
82
3.68
.92
.64
.18
.7
83
3.94
.95
.66
.18
.7
84
4.22
.97
.67
.19
.7
85
4.52
.99
.68
.20
.7
86
4.84
1.02
.70
.20
.6
87
5.20
1.04
.72
.21
.6
88
5.58
1.06
.73
.21
.6
89
5.98
1.08
.75
.22
.6
90
6.40
1.10
.76
.22
.5
91
6.88
1.11
.77
.22
.5
20-35.1
LAND USE INTENSITY RATINGS AND RELATED RATIOS
FOR NON RESIDENTIAL USES
Offstreet Porking*
LUI Spaces/ _ ...
RATING E.A.R. O.S.R. p.O.S.R. 5q.Et. F1aot Area
50
.40
.72
.35
400
51
.43
.71
.35
400
52
.46
.71
.35
400
53
.49
.70
.34
450
54
.53
.69
.34
450
55
.57
.69
.34
450
56
.61
.68
.33
450
57
.65
.68
.53
450
58
.70
.67
.33
500
59
.75
.67
.32
500
60
.80
.66
.32
500
61
.86
.66
.32
500
62
.92
.66
.31
500
63
.99
.66
.31
500
64
1.06
.66
.31
600
65
1.13
.65
.30
600
66
1.21
.65
.30
600
67
1.30
.65
.30
600
68
1.39
.64
.29
600
69
1.49
.64
.29
600
70
1.60
.64
.29
700
71
1.72
.64
.28
700
72
1.84
.63
.28
700
73
1.97
.63
.28
700
74
2.11
.63
.28
700
75
2.26
.62
.27
700
76
2.42
.62
.27
800
77
2.60
.62
.27
800
78
2.79
.61
.27
800
79
2.99
.61
.26
800
80
3.20
.60
.26
900
81
3.44
.59
.26
900
82
3.68
.58
.25
900
83
3.94
.57
.25
900
84
4.22
.56
.25
900
85
4.52
.55
.24
1000
86
4.84
.54
.24
1000
87
5.20
.53
.24
1000
88
5.58
.52
.23
1000
89
5.98
.51
.23
1000
90
6.40
.50
.23
1100
91
6.88
.48
.22
1100
l
20-35.2
2llf 1.1.2. Deaisi tis.to be Made b Ir cal Jurisdiction her Than b CSdQt!
I l=or purposes of these regulations, where MPS or MAP indicate that
2 decisions or determinations are to be made by the United States Department
3 of Housing and Urban Development (DHUD) or specified officials thereof,
4 such decisions or determinations shall be made by appropriate local agencies
5 or officials.
SECTION 2012.
6 The following definitions and methods of measurement shall be used in
7 the districts -ind for the uses regulated under the LUI system. Subject to
8 modifications made herein, specifically or in general, where further detail is
9 needed in connection with definitions or methods for measurement, reference
10 shall be made to appropriate sections of MPS or MAP. Except where
20-35.3
I its floor area in accessory commercial and service uses).
�017.3, residential Ploor_Area.
2012.3.1. Cieflneds, inplusions and Lxcluslons.
2
residential floor area is the sum of areas for residential use on all
3
floors of buildings, measured from the outside faces of the exterior walls,
4
including interior and exterior halls, lobbies, stairways, elevator shafts,
5
mechanical rooms, enclosed porches and private enclosed balconies, and floor
6
areas below Plane i (as defined in Section 2016.0 used for habitation and
7
residential access.
8
Not countable as residential floor area are:
9
(a) Open terraces, patios, atriums, or balconies;
10
(b) Carports, garages, breezeways, tool sheds;
II
(c) Special purpose areas for common use of occupants, such as
12
recreation rooms or social halls;
i
13
(d) Staff space for therapy or examination in group care housing;
14
(e) Basement space not used for living accommodations; or
15
(f) Any commercial or other nonresidential space.
2012.3.2. Maximum Limitation.
16 Maximum residential floor area shall not exceed the number of square
17 feet derived by multiplying gross residential land area by the floor area ratio
18 (FAR) applying in the land use intensity sector.
2012.4. OQen Space.
2012.4.1. Open Space Definition.
2012.4.1.1. Open Space.
19 Open space is the total horizontal area of uncovered open space plus
20 half the total horizontal area of covered open space subject to limitations set
20-37
I forth below,
2012,4.1.2, UncoyeredOperw.Spdce..
2 Uncovered open space is total gross residential land area not covered by
3 buildings, plus open exterior balconies and roof area improved as recreation
4 space.
2012.4.1.3. Covered Open_ Space,
5 Covered open space is open space closed to the sky, suitable and
6 designed for used as open space and/or livability or recreation space, Such
7 space shall have not less than twenty percent (20%) of its perimeter open or
8 partially open. "Partially open" is to be construed as having at least fifty
9 percent (50%) open and unimpeded by visually opaque material. Examples of
10 covered open space are covered balconies, covered portions of roof area, or
I I spaces under buildings supported by posts, columns, or cantilevers. The
12 square feet countable as covered open space shall not exceed the square
13 footage of the open or partially open sides.
2012.4.2. Minimum Open Space Requirement. —
14 Minimum open space required shall be not less than the number of
15 square feet derived by multiplying gross residential land area by the open
16 space ratio (OSR) applying in the land use intensity sector.
2012.5. Livability Space; Pedestrian Open Space.
2012.5.1. Definitions.
2012.5.1.1. Livability Space.
17 Livability space, as related to residential uses is space including lawns
18
and other landscaped
areas, walkways, paved
terraces
and sitting
areas,
19
outdoor recreational
areas, and landscaped or
sidewalk
portions of
street
20 rights of way, appropriately improved and located for outdoor use by
e'r.r'��4f a t ter, ',i`: .1 .F• • �k_cid_sy:'_2 �3 as .?-: .
I aecupants and visitors, for safety, convenience, and aesthetic appedl. Such
' 2 space shall not be used by vehicles except for emergency actions.
2012.5.1.2. edestrian .Open 5tsdc+,
3
Pedestrian open space, as related to commercial, office, or other non-
4
residential uses, is open space which includes lawn and other landscaped
5
areas, walkways, paved terraces and sitting areas, outdoor recreation areas,
6
and landscaped or sidewalk portions of street right of way. Pedestrian open
7
space shall be appropriately improved and located for occupants and visitors
8
with due consideration for safety, convenience and aesthetic appeal. Such
9
space shall be at ground level except as may be provided in regulations for
10
particular districts or land use intensities, and may include covered open
I I
space in areas sheltered by projecting portions of buildings, arcades, or other
12
covered or partially -enclosed pedestrian areas to the extent indicated in
13
district regulations.
2012.5.2. Minimum Livability Space and Pedestrian Open Space Require-
ments.
14 Except as provided below:
2012.5.2.1. Minimum Livability Space Requirements.
15 Minimum livability space required shall not be less than the number of
16 square feet derived by multiplying gross residential land area by the livability
17 space ratio (LSR) applying in the land use intensity sector.
2012.5.2.2. Minimum Pedestrian Open Space Requirements.
18 Minimum pedestrian open space required shall not be less than the
19 number of square feet derived by multiplying gross land area attributable to
20 the nonresidential use involved by the pedestrian open space ration (POSR)
40 21 applying in the land use intensity sector.
20-39
2012,5.3.
I For each one percent that adjacent open space credit utilized in
2 calculating gross lot area exceeds seventy percent (70%) of net lot area, the
3 required livability open space ratio (if applicable) shall be reduced by one half
4 W percentage point and the required pedestrian open space ratio (if
5 applicable) shal I be reduced by one third (1 /3) percentage point.
2012.6. Recreation Space.
2012.6.1. Defined; Limitations on Location.
6 Recreation space, part of total and livability open space, is exterior
7 area appropriately improved for common recreational use, plus private
8 recreational space to the following extent. Recreation space serving
9 individual units shall not be credited toward meeting requirements to an
10 extent greater than two percent (2%) of total requirements for an individual
I I unit, or fifty percent (50%) for all units.
12 Active recreation space (swimming pools, shuffleboard courts, tennis —
13 courts, tot lots, and the like) for common use shall be a minimum of twenty
14 (20) feet from any residential window at the same level, and this distance
15 may be increased as required in particular circumstances. Both active and
16 passive recreation space (with the latter consisting of walkways, sitting
17 areas, and the like) for common use shall be so located, designed, screened,
18 and buffered as to minimize potential adverse effects on privacy or
19 tranquility of nearby residential units. In the case of active recreation space,
20 the character, hours of use, and lighting shall be considered in establishing
21 any special conditions and safeguards. (See also Section 2003.6.)
22 Recreation space may be located at ground level, or on suitably
23 improved roof, terrace, or balcony levels.
20-40
2012.6.2. Minimum aecreation 5 aae lie ° uirement.
I Minimum recreation space required shall be not less than the number of
2 square feet derived by multiplying gross residential land area by the
3 recreation space ratio (RSR) applying in the land use intensity sector.
2012.7, Car SL ce; Occupant and. Total.
2012.7.1. Defined.
2012.7.1.1. Occupant Car Space.
4 Occupant car space is garage, carport, or other offstreet parking space,
5 together with appropriate access and maneuvering ways, available to
6 residents without time limits.
2012.7.1.2. Total Car Space.
7 Total car space is occupant car space plus other parking space available
8 for unlimited or seldom limited time periods, primarily for guests.
40 2012.7.2. Minimum Car Space Requirements.
9 The total car ratio MR) for the applicable land use intensity times the
10 number of dwelling or lodging units equals the number of total parking spaces
I I required, except in districts where lodging unit requirements are otherwise
12 speci f ied.
_. ram.. v�r��r�� �1�Jtif �1r OY.Li�7►S iGilfr�7it1I�T�=.i i. , ���f�i
2013.1. Intent; Application.
13 Yards, courts, and other open spaces required herein in relation to
14 structures or portions of structures containing living quarters are intended to
15 perform a variety of functions. Among these (as appropriate to and required
16 by the uses involved and their location) are assuring adequate privacy;
17 desirable outlook; natural light and ventilation; access to and around
20-41
I buildings, offstreet parking and loading spaces, and service areas; space for
2 landscaping -,'spacing between buildings and portions of buildings for reducing
3 potential adverse effects of noise, odor, glare, or hazards from fire; and
.4 recreational space near buildings.
f
5 These regulations, supplementing those set forth elsewhere in this
6 =i
zoning ordinance with respect to R-G and PD-H districts and other districts
7 in which similar attached and multifamily uses are permitted, shall apply to
r
8 yards, courts, other open spaces, and building spacing in such districts, and
9 measurements and interpretations with regard thereto.
2013.2. Required Yards and Courts Need Not be at Ground Level Ex-
ce tion.
10 Except in the case of fixed yards, required adjacent to streets or as
I I specified in regulations for particular districts, required yards and courts
12 relating to residential need not be at ground level provided that in other
13 locations their function, orientation, areas, access, and improvements are
14 appropriate to uses within the building and adjoining buildings. Particular
15 attention shall be given to adjacent and nearby uses at the same level of the
16 building. These requirements are intended to reduce unnecessary fragmenta-
17 tion of open space around buildings and to encourage provision of such space
18 in locations and dimensions providing broader functional utility, and not to
19 reduce total amount of such space required.
2013.3 Permanent Open Space in Streets Common Op2n Space, etc. May
Be e nc a as Part o Building Ypacinq equirements; imita-
tions.
20 Where lots or building sites adjoin permanent open space in streets,
21 common open space, or other open space intended to remain so for
22 perpetuity, half of the width of such open space shall be included in meeting
23 building spacing requirements, subject to the following limitations and
24 exceptions:
20-42
2013.3.1. Primar or Secondar `ndows aein Streets arkin Areas
I Where walls containing primary windows below the third level face
2 streets or parking areas, the full dimension of the required yard shall be
3 provided and no such dimension shall include any portion of the street or yard,
4 Where walls containing secondary windows below the third level face streets,
5 driveways, or parking areas for four (4) or more cars, one half (14) of the
6 required yard (minimum five (5) feet) shall be provided between the wall and
2 the street, driveway, or parking area. Where such wails rise from the decks
8 of buildings, the third level above the deck shall be construed to be the third
9 level.
10 Portions of such walls may contain windows other than primary or
I 1 secondary, and such windows may face driveways.
2013.3.2. Primary or Secondary Windows Facing Other Open Space.
i 12 Where walls containing primary or secondary windows at or below the
13 third story level face other permanent offsite open space without an
14 intervening street, driveway, or parking area, such offsite space shall be
15 credited as meeting building spacing requirements only if off -site use is not
16 likely to be of a nature adversely affecting privacy or tranquility of
17 residential occupancy. Where such walls rise from decks of buildings, the
i8 third story level shall be construed to be the third story above such decks or
19 buildings.
2013.4. Spacina Determinations Where Two or More Residential Buildings
are on a Lot.
20 Where two (2) or more buildings containing living quarters are to be
21 located on a single lot or tract, building sites pertaining to each shall be
22 identified for determinations concerning compliance with spacing require-
23 ments. Open space shall be provided adjacent to lines of the building site as
24 though they were lot lines.
20-43
20i 3.5. Calculation of Buildin 5 a�� Fie uiremerits.
I Spacing requirements for buildings Or portions of buildings containing
2 living quarters shall be based on horlZontai length, number of stories, type of
3 windows in walls involved, and orientation of main entrances to living
4 quarters. Distance between walls shall be at least the sum of the depths of
5 the open spaces required for each.
2013.5.1. Where Portions of Building§Coritain Different Numbers of Stories.
6 Where portions of buildings contain different numbers of stories,
7 required clearance from lot or building site lines shall be as established for
8 the portion nearest to the lot line, except where spacing required for portions
9 farther from the line is of greater depth, in which case the depth so
10 established is the required clearance from the lot or building site line (as
I I projected vertically when space 'is provided other than at ground level).
12 Lower portions of buildings may extend into clearance distances required for
13 upper portions if roof areas are appropriately improved in relation to views
14 from the same or higher levels by visual amenities such as landscaping, but
15 such lower portions shall provide clearance to meet their own requirements.
16 The drawing which follows illustrates these relationships. At the left of
17 the building, the lot or building site line would be required to be at or beyond
18 the point at which the diagonal at A reaches the ground, since the portion of
19 the building to which it relates requires greater spacing than does B. To the
20 right of the building, D requires greater spacing than does C, and would
21 therefore determine the requirement.
20-44
•
4'
1
2
3
4
5
6
7
8
9
PERMITTED OVERLAP OF YARDS
(VERTICAL RELATIONSHIPS)
2013.5.2. Length of Walls; How Measured. _
Length of walls shall be measured as the horizontal aistance from
corner to corner. Where walls in continuous general frontage are offset by —
setbacks in accord with the following table, the length of each segment so set
off shall be measured separately in establishing pertinent yard or open space
depth, provided that where open, partially open, or enclosed structures
devoted to entrances, stair wells, and/or elevator shafts project from the
general alignment of a wall, such structures shall not be construed as
constituting a break-point in lengths involving building spacing determina-
tions.
Facade Height
Setback
30
6
40
8
50
10
60
12
70
14
80
16
90
18
100 and over
20
Where walls in continuous general frontage enclose portions of buildings
varying one story or more in height (as in the illustration in connection with
Section 2013.5.0 the length of each segment so varying shall be measured
20-45
_t
I. separately in coMputirtg pertinent yard depth. length of a curved or
2 irregularly shaped wall shall be construed as the shortest distance between
3 the wall's end corners. Length of the wall of a circular building shall be
4 construed as the diameter of the building,
2013.5.3. Weight in Stories How Measured,
5 Height in stories shall be computed as actual number of stories in the
6 wall above ground level with the following exceptions, Where the wall is
7 along a slope, number of stories shall be construed as the arithmetic mean
8 number, with half a story or more considered as a full storyi and less than _
9 half a storyignored in computations. When height 1
9 p g per story exceeds an
10 average of eleven (1 1) feet, calculations involved in yard or spacing deter -
I I minations shall be based on an assumed number of stories derived by dividing
12 building height by ten (10) feet.
13 Penthouses, roof shelters, and housing for mechanical equipment shall
14 be ignored in computations involving number of stories except where they are
15 visible from the ground level within the lot or the building site within a PD-H
16 District, are ten (10) feet or more in height, and occupy fifty percent (50%)
17 or more of the length of the wall at their bases, in which case an additional
18 story shall be included in computations.
2013.5.4. Yard or Other Open Space Depth; How Measured.
19 Yard or other open space depth, between exterior building walls and
20 adjacent lot or building site lines (projected vertically where appropriate),
21 shall be measured horizontally in relation to the ground, and perpendicular to
22 straight walls or radially to curved walls. Distance at all points shall be at
23 least equal to minimum requirements set forth herein, except as provided at
24 Section 2008, Required Yards and Other Required Open Spaces, Detailed
25 Limitations on Occupancy.
20-4 6
u
u
2013.55, .P�e�r_wm�
LGifb.YeGiiOYG,LvYGeLIaYyiiiof-Yads,
I Yard space for two (2) wails may overlap where it does not affect the
2 distance between two (2) buildings.
3 The drawings which follow provide graphic explanation of permissible
4 overlap and methods for measuring length of walls and depth of yards for a
5 variety of building forms.
j-
t
y
3
t �
�L\�D D
Overlap
L D
r-
t
4
�� �i�(�y,;.�r_�=1: �.?�yMrt.e_^'�°=dS:"`R..��'�•j fit✓',/-
t"r1-
f;'"S' D2
L3
L2 j
EXAMPLES ILLUSTRATING PERMISSIBLE OVERLAP OF YARDS AND
DETERMINATION OF HEIGHT IN STORIES (S), YARD DEPTH (D)
AND LENGTH OF WALL (L)
20-47 - ,
20i 3.5.6, C7efinitions and. �it�ssi�`ications l�elatih. to Windows and Walls.
For purposes of establishing open space requirements adjacent to walls
2 enclosing living quarters, the following definitions and classifications shall
3 govern. _
2013,5.6,1. Habitable Rooms,
4 Habitable rooms are rooms designed and used for living, sleeping,
5 eating, or cooking, or combinations thereof. Bathrooms, toilet comport-
6 ments, closets, halls, storage rooms, laundry and utility spaces, basement
7 recreation rooms, and similar areas are not considered habitable rooms.
2013.5.6.2. Primary Windows.
8 Primary windows are principal windows in habitable rooms except, _
9 bedrooms and kitchens, Where such habitable roorns involve more than one
10 exposure, the primary windows shall be construed as those in the wall -
1 I containing the largest window area, and the remaining windows shall be
12 construed as secondary windows.
2013.5.6.3. Primary Walls.
13 Primary walls are walls containing primary windows and/or main
14 exterior entrances to individual living quarters when directly facing the
15 primary wall of other living quarters (except where no primary windows are in -
16 either of the walls involved).
2013.5.6.4. Secondary Windows.
17 Secondary windows are windows of habitable rooms other than primary
18 windows, as defined above.
2013.5.6.5. Secondary Walls.
19 Secondary walls are walls containing only secondary or secondary and
20 tertiary windows.
20-48
2013.5.6►6. e`ert_ a lak s,
I Tertiary windows are windows other than for habitable rooms.
2013,5.6►7. Tertiary 1N, gIls.
2 Tertiary walls are windowless walls, or walls containing Only tertiary
3 windows.
2013.5.7. Formulas, Determining. Min mum.Open_Space_.Requirements Adja-
cent to PrirnarXSecondary and Tertiary Walls.
4 Minimum distance from walls to lot lines or building site lines for
5 buildings or portions of buildings containing living quarters shall be computed
6 as follows, where D = depth in feet, L = length in feet, and S = number in
7 stories:
8 (a) Primary walls: D = 6 + 2S + -L
9 (b) Secondary walls: D = 2 + S + L
-
10 (c) Tertiary walls: as required by fire and safety codes
2013.5.8. Added Open Space Requirements Where Windows of Habitable
I I Where windows of habitable rooms face slopes rising one foot or more
12 for each two (2) feet of horizontal distance as measured perpendicularly to
13 the walls containing such windows, or face retaining walls, in addition to the
14 open space depth required for the wall containing such windows, additional
15 open space depth shall be provided as follows:
16 (a) Establish the elevation of the vertical mid -point of the lowest
17 window as the base for computing height of slope or retaining wall.
18 (b) Establish effective length of the slope or retaining wall, or of
19 segments thereof, using the general approach indicated at Section 2013.5.2.
20 Total length, either as an individual figure or as the sum of segments, shall
21 the same as the length of the wall containing the windows. The length shall
22 be computed along a building site boundary constructed to meet the require-
20-49
I Merits of the wall containing the windows. -
2 (c) Determine height above the base established under (a) above along
3 the building site boundary constructed under (b) above for the retaining wall
4 or slope, as a total or in segments as used in analyzing length. Where there
5 are irregularities, establish average height.
6 (d) Divide such height or heights (if computed in segments) by ten (10)
7 to obtain a figure equivalent to number of stories.
8 (e) Applying the formula for secondary walls, determine the open
9 space depth attributable to the retaining wall or steep slope.
10 (f) Adjust the building site boundary relating to the wall of the
I I habitable rooms to include the requirements added for the retaining wall or
12 steep slope in such a way that not more than twenty-five percent (25%) of the
13 length of the boundary line involved falls within areas above the base
14 elevation established under (a) above.
2013.6. Special Reauirements and Modifications Concernina Courts.
2013.6.1. Inner and Outer Courts, Defined.
2013.6.1.1. Inner Courts.
15 Inner courts are open outdoor spaces enclosed on all sides by exterior
16 walls of a building or by exterior walls and property or building site lines on
17 which walls are allowable.
2013.6.1.2. Outer Courts.
18 Outer courts are open outdoor spaces enclosed on at least two (2) sides
19 by exterior walls of a building or by exterior walls of a building and property
20 lines or building site lines on which walls are allowable, with one side open to
21 a street, driveway, alley, yard, or other open space.
2013.6.2. Dimensions of Inner Courts;_ Passageways; Provision for Fire
Protection.
20-50
I (a) Minirwrum width dnd depth of inner coutts shall be equol to the suns
2 of required open space depths for the types of walls involved, but not less
3 than ten (10) feet.
4 (b) Minimum area of inner courts shall be not less than one hundred
5 (100) square feet for one story or one hundred fifty (150) square feet for two
6 (2) stories or more.
7 (c) Unobstructed passageway. Except in the case of an inner court,
8 atrium, or enclosed patio for a single dwelling unit, a passageway shall be
9 provided at the lowest level of each inner court, as provided by the South
10 Florida Building Code to permit the use of fire fighting equipment.
I I (d) Inner court design shall be such as to permi* use of fire fighting
12 equipment.
2013.6.3. Dimensions of Outer Courts.
13 (a) Width of outer courts bounded on three (3) sides by building walls
14 or potential building walls shall be not less than the sum of the required open
15 space distances measured from opposing building walls.
16 (b) Width reduction for shallow courts. Where outer court depth is
17 less than half of width, minimum required width may be reduced by up to
18 twenty-five percent (25%).
19 (c) Depth of outer courts shall not be greater than one and one half
20 times width.
21 (d) Where walls are not parallel to property or building site lines, the
22 nearest portion shall be at least the minimum distance therefrom.
2013.7. Yards, Courts. Oven Space. and Building Saacing for Structures or
Portions of Structures Not Containing Living Quarters.
23 In PD districts and in other circumstances where these regulations apply
24 for structures or portions of structures not containing dwelling units, and not
25 otherwise controlled by these regulations, the yards, courts, open space and
20-51
I building spacing shall be appropriate to the use of such structure or portion,
2 aS related to anticipated amounts and timing of vehicular and pedestrian
3 traffic and exposure of nearby living quarters to such use, and with due
4 regard for location of primary or secondary window walls, separation of
5 residential open space from other open space on the site by wails, fences or
6 vegetative screening where desirable, location of proposed parking areas,
7 drives and service areas, and similar considerations.
SECTION 2014. TRANSFER OF DEVELOPMENT RIGHTS.
2014.1.
een Contiguous, Separatel
rty in the
8 Transfer of development rights between contiguous properties in
9 separate ownership in the some district may be permitted by Class C special —
10 permit as follows:
2014.1.1. Intent.
I I Where development is on a lot -by -lot basis, rather than in planned
12 development form, it is intended to permit joint action by adjoining property
13 owners to allow greater flexibility in the use or pattern of development of
14 land, to the extent that this can be done without adverse effects on public
15 regulatory purposes. It is the therefore intended that upon application of
16 owners of lots forming a logical pattern for the form of development
17 proposed, a Class C special permit may authorize any development of such
18 lots which would be allowable if they formed a parcel in single ownership, or
19 if their interior lot lines were differently located. Such development shall
20 not alter the effect of regulations applicable in the district as a whole, but
21 may alter the effect on individual lots within the area of agreement,
22 provided, however, that at the edges of such area, the relation to adjoining
23 property shall be the same as where regulation is applied on a lot -by -lot basis.
20-52
i.li. �i. dam+.. �+�' � �.:1 iL-'4�tt,L€.,ice ��.k��•§, eJ �E tee*
2014.1.2. Application for.petrnlf.
I In addition to general procedures and requirements for Class C special
2 permits, the following requirements and limitations shall apply. Applicants
3 shall be owners of adjoining lots located in a compact and regular pattern
4 which is logical in terms of the form of development proposed. The
5 application shall include the following materials.,
2014.1.2.16 Plans Requiredi_Matters to be Demonstrated.
6 Such applicants shall propose in a plan submitted to build or permit
7 building on such lots in a manner which, because of the location of lot lines
8 and/or the pattern of individual ownership, would not be permitted under
9 generally applicable regulations applying to individual lots and yards.
10 The plan shall demonstrate that development, as proposed for the area
I I under agreement as a whole, conforms to the regulations for the district in
12 such a manner that light, air, view, privacy, access, density or land use
13 intensity, height, bulk, offstreet parking, building spacing, and other
14 objectives of public control are satisfied to an equivalent or greater degree
15 than if regulated on a lot -by -lot basis, and that at the edges of such area
16 under agreement, the effect on adjoining lots will be the same as if lot -by -lot
17 regulations were applied throughout the area under agreement.
2014.1.2.2. Agreement Between Property Owners With Enforcement
Running tote City
18 The applicants shall agree to bind themselves and their successors in
19 title, individually and collectively, to maintain the pattern of development
20 proposed in such a way that for the area of agreement as a whole there will
21 be conformity with applicable zoning regulations, and that enforcement of
22 such agreement shall include the City. No such agreement shall be accepted
23 without approval of the Department of Law as to the legal sufficiency of the
24 documents involved; and no such Class C special permit shall be issued prior
20-53
0
I to such approval,
2014,1,3.
2 Upon written findings that in fact the area of land covered by the
3 agreement:
4 (a) is compact, regular, and logical in relation to the form of
5 development proposed;
6 (b) that the proposed development for the area covered by the
7 agreement as a whole conforms to the intent and requirements set out above;
8 and
9 (c) that the proposed agreement assures future protection of public
10 interest and achievement of public objectives to the same or a higher degree
I I than would application of regulations to individual properties;
12 The Class C permit shall be issued, provided approval as to the legal
13 sufficiency of the documents involved has been obtained from the Depart- _
14 ment of Law.
15 No such permit shall have the effect of diminishing the requirements or
16 increasing the maximum allowances of this Ordinance as applied to the area
17 of agreement as a whole, but the Class C special permit may allow specified
18 changes in the effect of the regulations on specified individual lots or
19 locations within the area of agreement, so long as the overall balance remains
20 in accord with regulations generally applicable.
2014.1.4. Recording Agreement.
21 At time of issuance of the Class C special permit, the agreement,
22 which shall be part of the conditions, shall be filed with the Planning -
23 Department, the Zoning Administrator, and the Clerk of the Circuit Court for
24 Dade County, Florida; and notations shall be made on the Official Zoning
25 Map, for future guidance in administration and as a public record. _
2014.1.5, Qqhhges evLejopwent ,Plan or A' tLeqM
a.
The approved development 010119 and the agreement between the
owners, shall not be changed except by the issuance of a new Mass C special
3
permit in the manner herein set out. A change in the approved development
4
plan shall not be construed to deny changes in building interior design or
5
arrangement provided it does not alter the building spacing requirements.
2014.2. Transfer of.Development Rights .(Noncontiguo.us. Propert;--Mqjor
Us'e"-9p'ecMI Permit.
6
Except as provided in Section 2014.3., transfer of development rights
7
between noncontiguous properties shall be permissible only by major use
8
special permit, only within boundaries of the zoning district within which the
9
properties involved in the transfer are located, and only upon written findings
10
by the City Commission that such action is necessary to accomplish
I I
substantial public purposes, such as historic or cultural conservation (as in the
12
case of threatened demolition or moving of Class A structures), in connection
13
with SPI districts established under the terms of Article 15, or environmental
14
preservation, or to provide public parks or other public open spaces.
15
Where transfer involves floor area, and the LUI sysi,em of regulations is
16
involved, such transfers shall be construed to be a transfer of gross lot area
17
sufficient to provide the amount of floor area involved.
18
In transfers involving noncontiguous property, all required open spaces
19
and livability or pedestrian open spaces, (as computed from the new gross lot
20
area base) shall be provided within the gross area of the receiving lot,
21
including the portions pertaining thereto as beneficial open space, provided,
22
however, that required offstreet parking area shall be credited as open space
23
on the lot even when permitted offsite within the district.
2014.2.1. Prohibition Aaainst Increasinq Potential Buildinci Bulk Within
District as ci-Wye, or-5uboreas Established.
20-55
I No such permit shall be issued which would increase potential building
2 bulk within the district as a whole, or within subareas of the district where
3 such subareas are established for the purpose of limiting transfer of
4 development rights. Ir
2014.2.2. Limitation as to Effects on Receiving -Pr2perty
5 No such permit or series of permits shall allow the increase of building
6 bulk on any lot or tract within the district by more than twenty five percent
7 (25%) above generally applicable maximums.
2014.2.3. Transfer in Single Permit or Series of Permits.
8 In actions of this kind, the City Commission may transfer, in the case of
9 City owned land or in the case of lands owned other than by the City may
10 permit the transfer of, all or part of the residual development right for the
I I land involved, in a single major use special permit or a series of such permits.
2014.2.3.1. Procedures; Contents of Sequential Permits.
12 Such permits may be acted upon in sequential parts at different times
13 as follows, but only after public notice and hearing for each part. The first
14 permit or part may define and describe the availability of residual rights for _
15 transfer and indicate the boundary of the area or areas to which such transfer
16 may be made (which may include the entire area of the district involved or
17 may be restricted to subareas within the district, but which shall not lie
18 outside the boundaries of the district), together with any other limitations or —
19 requirements which are to be conditions or considerations in such transfer.
20 The following permits or parts may assign all or part of such rights to
21 particular properties within the area to which transfer may be made, together
22 with any limitations on the use of such rights found necessary to protect the
23 public interest, with written reasons for any such limitations.
20-56
2014.2.4,
I In view of public -purpose intent concerning this class of major use
2 special permits, applications involving establishment of residual rights and
3 determination of areas to which transfers may be made shall be initiated and
4 submitted only by the officers, departments, boards, or commissions created
5 by the City. Following such initiation, as part of the same major use special
6 permit action or in separate actions, owners of properties within such areas
7 may apply for assignment of all or part of the residual rights involved.
8 Applicants for such assignment, in addition to other requirements set forth
9 herein, shall submit a plan for development which, if approved by the City
10 Commission, shall be binding as part of the major use special permit.
2014.2.5. Agreement Between Parties Involved.
I I All parties in such transfers of development rights between noncon-
12 tiguous properties shall bind themselves and their successors in title to the
13 terms of such transfer, and enforcement of such agreement shall include the
14 City. No such agreement shall be accepted without the approval of the
15 Department of Law as to the legal sufficiency of the documents involved; and
16 no such major use special permit shall be issued prior to such approval.
2014.2.6. Recording Agreement.
17 At the time of assignment of any development rights transferred here-
18 under, the agreement or portion of agreement affecting properties from and
19 to which rights have been transferred shall be filed with the Department of
20 Planning, the Zoning Administrator, and the Clerk of the Circuit Court for
21 Dade County, Florida, and notations shall be made on the Official Zoning
22 Map, for future guidance in administration and as a public record.
2014.2.7. Changes in Development Pattern or Agreement.
20-57
I No change shall be made in agreements between parties or in conditions
2 affecting such major use special permits except by the issuance of new major
3 use special permits in the manner herein set out.
2014.3. Transfer wofDevelop ment R.whts (Non�Contiguous l
4 Where lots in the same district are separated only by a street or alley)
5 development rights may be transferred across such street or alley by special
6 exception) subject to the following requirements:
2014.3.1. Relationship of Lots.
7 Where it is proposed to transfer development rights from one lot to
8 another across a street or alley, such lots shall be directly opposed across the
9 street or alley for a distance of at least twenty five percent (25%) of the
10 common street or alley frontage.
2014.3.2. Application; Findings; Recording Agreement.
I I Application for special exception to accomplish transfer of development
12 rights shall follow applicable procedural and substantive requirements of
13 Section 2014.2-4, inclusive.
14 In addition, (1) not more than seventy five percent (75%) of develop- —
15 ment rights may be transferred under this section where lots are in different
16 ownerships. (2) Where such lots are in the same ownership, all development
17 rights may be transferred from one lot to another, provided, that a ninety
18 nine (99) year covenant, with enforcement running to the City, is filed on the
19 lot from which rights are taken, with the Clerk of the Circuit Court of Dade
20 County stipulating that the lot shall be maintained with landscaping, ground
21 and/or below ground parking, or ground level active or passive recreation uses -
22 during the time the convenant is in effect.
20-58
SEaloN 2015. HEIG : T FEE ULA j1t�N GrNERALLY.
2015.1, Excluded.Portidns of Structures.
I Except as specifically provided herein) the height limitations of this
2 ordinance shall not apply to any penthouses or roof structures for housing
3 elevators) stairways, tanks) ventilating fans) solar energy collectors) or
4 similar equipment required to operate and maintain the building, (provided
5 that such structures shall not cover more than twenty percent (20%) of roof
6 area), nor to church spires, steeples, belfries, cupolas, domes) monuments,
7 water towers, skylights, flag poles, vents, or similar structures, which may be
8 erected above the height limit, nor to fire or parapet walls, provided
9 however that such walls shall not extend more than five (5) feet above the
10 roof.
2015.2. Aviation Hazards.
I I No building or other structure (regardless of exclusions set forth at
12 Section 2015.1, above) shall be located in a manner or built to a height which
13 constitutes a hazard to aviation or creates hazards to persons or property by
14 reason of unusual exposure to aviation hazards. In any urea within the City,
15 in addition to height limitations established by this ordinance, limitations
16 established by Ordinance 69-39 of the Metropolitan Dade County, Florida or
17 by any ordinance amending or replacing such ordinance, shall apply to heights
18 of buildings, structures, or natural vegetation.
19 In addition, when the Zoning Administrator shall find, in relation to a
20 particular application, that there is reasonable doubt concerning aviation
21 hazards with regard to a proposed use or structure, a Class B special permit
22 shall be required, with clearance from appropriate authorities.
41 2015.3. Broadcasting Towers.
23 Broadcasting towers and other antenna support structures shall not
20-59
I exceed one hundred fifty (150) feet in height above grade except in Centrtll
2 Business District classifications and in those districts where they are speci-
3 ficially permitted or permissible by special permit at greater heights.
SECTION 2016. HEIGHT CONTROL. ENVELOPES.
4 In certain districts, and in transitional areas of others, a system of
5 height regulation by enveloping planes is established, as described below. In
6 such cases, formulas in the Official Schedule of District Regulations pre-
7 scribe maximum height at outer edges of buildable areas, inclination of light
0 planes leaning inward over such areas, and in some instances maximum height
9 over the center of the lot.
10 Except as provided at Section 2015.1, Excluded Portions to Structures,
I I or as may otherwise be specifically provided in particular districts or in
12 relation to particular classes of cases, no portion of any structure shall
13 extend through any portion of such height envelopes.
14 Such height envelopes shall be constructed as indicated below.
2016.1. Base Plane (Plane 1).
15 To provide a plane from which heights over the buildable area shall be
16 measured, establish the base plane (Plane 1). Where the ground surface is
17 regular and horizontal, it shall be considered the base plane. Where the
18 ground surface is irregular or sloping, a base plane shall be constructed
19 pnrolle' to its general surface and elevations shall be measured from such
20 plane, using the methods set forth in Planning Advisory Service Report 237, —
21 Height Regulation in Residential Districts, of the American Society of
22 Planning Officials.
2016.2. Plane II.
23 Establish a second plane (Plane II) parallel to Plane I and at such
24 distance above it (measured 90 degrees from the horizontal) as is indicated in
20-60
171
I district regulations for maximum height at outer lines of buildable areas.
2016►3. LiQht Planes.
2 Establish light planes leaning inward over the buildable area at angles
3 specified in district regulations. In the case of lots or building sites adjacent
4 to streets oh one or more sides, such planes shall be established only on sides
5 away from streets.
6 Base lines from which the angles of such planes shall be computed shall
7 lie within Plane 11 and extend at
right
angles from the vertical projection of
8 the buildable area boundaries.
Such
planes shall extend inward over the
9 buildable area until they meet, extend through vertical projections of
10 buildable area boundaries not involving light planes of their own, or reach
I I Plane III, described below, with structural height within the envelope limited
12 to the lowest elevation enclosed by such planes.
2016.4. Plane III.
13 In districts in which a maximum height limit is set, establish Plane 111,
14 running horizontally over the buildable area at the prescribed elevation above
15 Plane I. Where Plane I is not horizontal, Plane III shall be measured from the
16 highest point along the buildable area boundary (provided, however, that
17 abrupt minor irregularities shall not be considered in establishing such highest
18 point).
2016.5. DiaQr•arn.
19 The following diagram illustrates the manner in which the various
20 planes necessary to the construction of height envelopes are determined.
20-61
FRONT OR REAR OF LOT SIDE OF LOT
SECTION 2017. OFFSTREET PARKING REQUIREMENTS, GENERAL PRO-
VISIONS.
The following general requirements, limitations, and standards shall
2 apply to offstreet parking:
2017.1. General Performance Standards for and Intent Concerning Off-
street Parking_ Foci I ities. =
3 Except in the case of facilities approved for and maintained with
4 attendant parking only, parking facilities shall be so located, designed,
5 improved, constructed, and maintained as to provide safe and convenient
6 access to and from public streets and alleys without driving through any other
7 parking space. Entrances and exits shall be located and designed for minimal
8 marginal friction with passing traffic, and turnout or merging lanes and/or
9 lane dividers may be required where appropriate for this purpose. In addition,
10 the following objectives shall be attained:
2017.1.1. Parking Maneuvers on Public Streets, Alleys or Sidewalks Prohi-
i ons.
I I Except in the case of single family or two family detached or semi-
12 detached dwellings, offstreet parking spaces shall be provided with room for
13 safe and convenient parking or unpacking in a single maneuver without
20-62
I infringing on any public street, Tilley, or sidewalk, and without backing into
2
any street or alley.
2017.1.2. Considerations Governing,Required Width and -Length of Stalls;
xcept i ons.
3
Except in the case of facilities approved for and maintained with
4
attendant parking only, an offstreet parking space shall consist of a stall of
5
sufficient width to permit safe and convenient parking of automobiles of
6
dimensions for which the stall is designed, with room for opening doors and
7
entering or leaving the vehicle comfortably on either side from the front or
8
rear. Length of stall shall be sufficient to allow for parking the entire
vehicle outside required aisles, with such clearance as may be required for
10
safety at the inner end.
2017.1.3. ParkinQ Requiring Movement of More Than One Car Prohibited•
Exceptions. _
11
Except in the case of facilities approved for and maintained with atten- _
12
dant parking only, spaces shall be so arranged that any automobile may be
13
parked or unparked without moving another.
2017.1.4. Selection of Dimensional Requirements From Ranges Established. _
14
Where ranges are established for the purpose of relating aisle width to _
15
stall width in connection with these and other regulations applying to design _
16
and improvement of offstreet parking facilities in the City of Miarni,
17
selection of specific dimensional requirements shall be made on the basis of
18
consideration of the nature and location of the parking facility or portion
19
thereof and characteristics of probable occupancy. Thus, for example, in
20
outlying low -intensity locations and/or where there is likely to be rapid
21
parking turnover, or substantial loading of merchandise into automobiles in —
22
such facilities, or where spaces are likely to be used extensively by the
23
elderly or handicapped, wider stall widths may be required (with narrower
20-63
I aisles permissable) than in central or other locations in areas of high intensity
2 of activity, or where parking turnover is low, or where there is little loading
3 of merchandise into cars while parked, or where use by the elderly or
4 handicapped is limited,
2017.2. Offstreet Parking for Compact Automobiles,
5 In any offstreet parking facility providing four (4) or more offstreet
6 parking spaces, not to exceed thirty five percent (35%) in parking for
7 residential uses and not to exceed forty percent (40%) for office and
8 commercial uses may be used for compact automobiles. Such spaces shall be
9 marked and reserved for use by such compact cars, and shall not be occupied
10 by automobiles of greater length or width. No reduction in aisle width shall
I I be permitted except where aisles serve compact spaces only.
2017.3. Application of City of Miami Guides and Standards to Location
Improvernent,and ,nqP`aci hies.
12 Location, design, construction, surfacing, drainage, lighting, landscap-
13 ing, screening, and maintenance of offstreet parking facilities and access
14 thereto, whether or not such parking facilities are required by this Ordinance,
15 shall be in accordance with City of Miami guides and standards.
2017.4. Class B Special Permits Required for Substantial Modification of
Existing Facilities Including Ten or More Seaces.
16 Where it is proposed to make substantial modification of existing
17 facilities including ten (10) or more spaces, required or otherwise, a Class B
18 special permit shall be required. ("Substantial Modification" shall be
19 construed for purposes of this regulation as including changes in number,
20 location, dimensions, or arrangement of spaces or aisles, entrances or exits,
21 or character, type, or amount of landscaping.)
22 Where existing offstreet parking facilities are nonconforming to the
23 requirements of these regulations or any standards of the City of Miami
20-64
I relating thereto, no modifications may be permitted which increase the
2 degree of nonconformity, and the permit may require by the use of conditions
3 or safeguards such lessening of the degree of nonconformity as is reasonably
4 feasible in the circumstances of the case. Applications for Class B special
5 permits in this class of cases may be made and processed separately or in
6 connection with other applications and permits required by zoning regulations
7 for the property involved, as appropriate to the circumstances of the case.
2017.5. Reduction in ParkinQ Requirements for Housing for the Elderl
Special Exception; Limitations.
8 Except in one and two family districts and in districts where residential
9 uses are not permitted, reduction of generally -applicable offstreet parking
10 space requirements in connection with housing for the elderly conforming to
I I the requirements of State and/or Federal prograrns for housing for the elderly
12 may be allowed by special exception in an amount not to be less than one half
® 13 Q2) the space generally required. The following requirements and limitations
14 shall apply:
15 (a) No such reduction shall be permitted except where it is assured
16 that such housing will be used by families with the head of the household
17 sixty two (62) years or age or older (provided that not more than five percent
18 (5%) of the number of persons housed may be employees on the premises
19 without regard to age).
20 (b) No such reduction shall be permitted except upon a finding,
21 supported by restrictions and policies to be enforced concerning occupancy,
22 that in view of location of such housing, the economic status of anticipated
23 occupants, and other pertinent considerations, reduction as specified in the
24 permit will leave adequate offstreet parking for occupants, visitors, and
25 employees.
26 (c) After such permit shall have been issued, the premises shall not be
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I used other than as housing for the elderly, subject to the exceptions and
2 limitations set forth in (a)) above) unless and until any parking requirements
3 and all other requirements or limitations of this Zoning Ordinance for the
4 district involved and applying to the new use shall have been met.
5 Housing for the elderly, in relation to this regulation) is not to be
6 construed as homes or institutions for the aged which are primarily
7 convalescent or nursing homes.
2017.6. Reduction in Parking Requirements for
..._...:..
amilies and Individuals.
8 Except in one and two family districts and in districts where residential
9 uses are not permitted, reduction of generally applicable offstreet parking
10 requirements in connection with housing for low income families and
I I individuals may be allowed by special exception in an amount not to be less
12 than three-quarters (3/4) of the spaces generally required. The following
13 requirements and limitations shall apply:
14 (a) The project shall otherwise conform to the requirements of State
15 and/or Federal programs for this purpose.
16 (b) The Zoning Board in its consideration of the application for
17 special exception shall determine and make a finding that the reduction in
18 offstreet parking requirements is justified in view of the nature and type of
19 prospective occupancy, the economic circumstances involved, and that traffic
20 and parking problems resulting from such reduction will not unduly burden
21 traffic facilities in the neighborhood.
22 (c) The remaining one quarter (W.) of land area which would otherwise
23 be used for parking shall be set aside and maintained as open space or utilized
24 for recreational purposes. The Zoning Board shall, as a part of its grant of
25 special exeption, specify that the City, upon notice and hearing as for special
26 exception, may later require such area to be converted and devoted to
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I offstreet parking, if it is demonstrated that traffic and parking conditions
2 together with impact on the neighborhood require such conversion.
2017.7.
3 Where residential and office uses are combined on the same premises
4 and proposed parking facilities are so located and designed as to serve both
5 uses conveniently and with reasonably security, the combined parking require-
6 ments shall be computed as follows: Total requirements for residential and
7 office uses shall be computed individually. The number of spaces required for
8 office uses shall then be reduced by one-half (Vi) the number of spaces
9 required for residential uses, and the result added to the total required for -
10 residential uses to establish combined requirements, provided that in no case -
I I shall the combined requirements be less than the total required for the
12 residential uses.
2017.8. Deferral of Portions of Total Required Parking Im rovements by
Class D Special Permit for InitialPeriod; Control of Extensions.
13 By Class D special permit, the Zoning Board may allow deferral of
14 construction, surfacing, drainage, marking, and other improvements inciden-
15 tal to preparation for actual use of portions of required parking, upon findings
16 that such portions are not reasonably likely to be required because of the type
17 of occupancy of the premises, the character of the neighborhood, joint use of
18 facilities by uses with differing peaks of parking demands, or for other
19 reasons assuring that deferral of such improvements will not result in parking
20 shortages on the premises, or increase on street parking demands in the
21 vicinity.
2017.8.1. Deferral Period; Revocation of Permit; Notice of Revocation.
22 Such deferral may be for an indefinite term, for a specified period of
23 not less than one nor more than five (5) years without provision for renewal
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I except upon application for a new Mass D special permit, or for Such
2 specified initial period with provision for renewal for not less than one nor
3 more than five (5) years by either of the methods set forth in Section
4 2017,5.2 , below.
5 All such permits shall be revocable, in whole or in part, and the
6 conditions and safeguards attached thereto may be changed by the Zoning
7 Boardi after consultation with the permit holder or his duly authorized agent,
8 upon findings based upon evidence that continued deferral of required
9 improvements for all or part of the spaces involved is no longer justlfied, or
10 that changes in conditions and safeguards are required. Such permits shall
II contain notice of these provisions concening revocation or changes in
12 conditions or safeguards.
13 Prior to any consideration of revocation, the Zoning Board shall give
14 notice to the permit holder, but in the event of his failure to appear in person
15 or by agent at the meeting at which the matter is acted upon, the Board may
16 proceed in the matter.
17 Revocation of any such permit in whole or in part, or changes in condi-
18 tions and safeguards, shall be made effective within less than thirty (30) days
19 after the determination of the Board, but the Board may establish a longer
20 period where it finds there is adquate justification.
2017.8.2. Extensions of Deferral Periods; Alternate Methods.
21 Where provision is made for potential extension of deferral periods in
22 the original special permit, the permit shall specify whether such extensions
23 shall be by Class C special permit procedures or by further Board reviews
24 under Class D special permit procedures. Procedures in connection with such
25 actions shall be as follows:
2017.8.2.1. Applications for Renewal of Permits; Effect of Failure to Apply.
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7
I Not less than ninety (90) days nor more than one hundred twenty (120)
2 days prior to expiration of renewable deferrals, permit holders seeking
3 renewal shall apply for extension of such deferral, either by Class C special
4 permit actions or by further action of the Board under Class D special permit
5 procedures as specified in the original permit. If applicants fail to apply
6 within the time limit specified, further deferral, if found justified, shall be
7 granted only through new Class D special permit procedures.
2017.8.2.2. Actions by Planning Department.
8 The director of the Department of Planning shall investigate the
9 current situation, and based upon findings and developments foreseen as
10 probable, shall in the case of Class C special permits proceed to act on the
I I permit. In the case of further Zoning Board reviews and determinations under
12 Class D special permit procedures, the director of the Department of
13 Planning shall transmit recommendations not less than sixty (60) days prior to
14 expiration of the deferral period.
15 Actions of the director of the Department of Planning on Class C
16 permits, or recommendations where further review and determinations by the
17 Zoning Board under Class D special permits are required, may involve:
18 (a) Continuation of deferral for a specified period of not less than one
19 nor more than five (5) years, without changes in number of spaces involved,
20 and with or without changes in conditions and safeguards attached in the
21 original permit.
22 (b) Similar continuation for part of the spaces involved, with or
23 without "hanges in original conditions and safeguards, and denial of con-
24 tinuation for part of the spaces originally involved.
25 M Deria) of deferral for all of the spaces involved.
26 A written record shall be made supporting all such actions.
27 In the case of denial of deferral for all or part of the spaces in relation —
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I to a Class C special permit application) applicants shall be notified not less
2 than thirty (30) days prior to the end of the deferral period for which
3 extension was sought. A temporary extension of such deferral period may be
4 granted in connection with such denials) which shall be the least extension
5 reasonably necessary for corrective action by the applicant.
2017.8.2.3. Actions by Zoning -Board Where Required►
6 Where actions by the Zoning Board under Class D special permit
7 procedures are required under the terms of the original permit on further
8 deferrals, it shall consider the recommendations of the director of the
9 Department of Planning and any further information material to the case, and
10 take such action on further deferral as it deems justified. Actions to be
I I taken and time limits established in relation to denials of further long term
12 extensions and granting of temporary extensions shall be as provided in the
13 case of Class C special permits.
2017.8.3. Maintenance and Use of Areas on Which Parking Im rovements
are Deferred.
14 Areas on the lot on which parking improvement requirements are
15 deferred by special permits, as provided above, shall be improved and
16 maintained as pedestrian open space unless improved as required for off-
17 street parking. No such area shall be included as meeting part of any
18 requirements concerning amount of pedestrian open space to be provided on
19 the lot, since deferral of improvements is not intended as a waiver of
20 offstreet parking requirements.
2017.9. Joint Parking Facilities for Contiguous Uses Class C Special
Permit Required.
21 Where there are multiple uses on one tract, or where uses on adjoining
22 lots propose to combine parking facilities, including accessways, such joint
23 offstreet parking facilities shall require a Class C special permit. Except
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I where number of spaces has been reduced, or improvement requirements
2 deferred under the terms of Sections 2017..5 through 2017.8, the total number
3 of offstreet spaces provided and improved as required by these regulations
4 shall not be less than the sum of those required by the individual uses.
5 Such permits shall be issued only upon findings that:
6 (a) Where more than one lot is involved, the lots proposed in the
7 combination form a logical pattern in relation to the joint parking facility and
8 the uses proposed to be served.
9 (b) Design and improvement of the combined parking facilities, if
10 involving divided ownership or control, would meet the standards and
I I requirements applying if under unified ownership and control.
12 (c) Spaces provided are so located within the complex as to be
13 conveniently accessible to all of the uses they are intended to serve.
14 Any such permit shall require, among other conditions and safeguards,
15 that if there are changes in use which increase total parking requirements,
16 such added spaces shall be provided subject to approval under a new Class C
17 special permit.
18 Offsite joint parking facilities shall be authorized only as provided in
19 Section 2018, Offsite Parking, or as otherwise specifically permitted by this
20 Zoning Ordinance.
2017.10. Required Offstreet Parkinq; Restrictions on Lease or Rental:
Exception. - - -- ---------
21 Required offstreet parking shall not be leased or rented to residents,
22 officials, or employees for whom such parking is required, to visitors to the
23 premises, or to other persons; provided, however, offstreet parking space may
24 be sold to the buyer of a condominium unit as a part of the purchase price of
25 the specific unit.
0XIMI
2017.1 I. Calcuiat_ion..of Parking._R,e uirements Rel.ated,to Number of Seats.
I Where parking requirements relate to number of seats and seating is in
2 the form of undivided pews, benches, or the like# twenty (20) lineal inches
3 shall be construed to be equal to one seat. Where parking requirements relate
4 to movable seating in auditoriums and other assembly rooms, ten (10) square
5 feet of net floor area shall be construed to be equal to one seat except where
6 otherwise specified. Net floor area shall be the actual area occupied by
7 seating and related aisles, and shall not include accessory unoccupied areas or
8 the thickness of walls.
2017.12. Limitations on Use of Offstreet Parkin and Loading Areas;
"Restrictions on Storage of Vehicles Not in Operating Condition.
9 No required offstreet parking or loading area shall be used for the sale,
10 major repair, or dismantling of any vehicle or equipment, or for storage of
I I materials or supplies, and no other area on a lot shall be used for such
12 purposes unless permitted under regulations applying within the district. No
13 vehicle not in operating condition shall occupy unenclosed parking space or
14 any loading space on any lot for more than seventy two (72) hours, except as
15 permitted under regulations applying to the permitted principal use within the
16 district.
SECTION 2018. OFFSITE PARKING.
17 It is the general intent of these regulations that required offstreet
18 parking be provided on the same lot with the principal use or structure it
19 serves, except as otherwise specifically authorized. Offsite parking shall be
20 permitted only as provided at Section 2017.9, Joint Parking Facilities for
21 Contiguous Uses, or as authorized by the provisions of this section, or as
22 otherwise specifically permitted under the terms of this Zoning Ordinance,
23 and in any event only where there are practical difficulties or unnecesary
24 hardships involved in providing required parking on the site, or in joint
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I facilities as indicated at Section 2017,9,
2018.1, Maximum Distance Limitations,
2 Unless otherwise specifically provided for the following types of parking
3 facilities, the maximum distance from a principal entrance of any parking
4 facility permitted to provide required offsite parking to a principal entrance
5 of the use served shall not exceed six hundred (600) feet, with distance —
6 measured by normal pedestrian routes:
7 (a) Self-service parking for visitors, clients, or customers of the
8 principal use, or for residents.
9 (b) Self-service parking for officers or employees of the principal use,
10 reserved for an used only by such officers or employees .
II (c) Facilities approved for and maintained with attendant parking
12 only.
•
2018.2. Offsite Parking on Adjoining Abutting Lots.
13
Except as provided at Section 2017.9, Joint Parking Facilities for Con-
14
tiguous Use, offsite parking on lots in separate ownership or abutting lots
15
containing principal uses served, in the same frontage without an intervening
16
street, but with or without an intervening alley, shall require permits and be
17
�
subject to requirements and limitations as follows:
2018.2.1. Special Exception Required Where Lots Are in Transitional Areas
of Residential Districts and Parkingis F7r Uses ter an
Residential Within Within the Sorne Residential District.
18
A special exception shall be required where such adjoining or abutting
19
lots are in the transitional areas of residential districts and the proposed
20
parking facility is to serve uses other than residential within the some resi-
21
dential district. In connection with such special exception, the following
22
particular limitations and requirements shall apply:
23
(a) Except where in structures, such facilities shall be for the parking
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I of private passenger vehicles only,
2 (b) Except as required for and restricted to emergency and service
3 vehicles) access to such lots shall be only from within the district in which
4 the principal use is located, or from► alleys within or immediately adjacent to
5 the boundaries of such districts.
6 (c) Yards adjacent to streets shall be dimensioned as generally
7 required within the district, and a yard equivalent in width to the required
8 side yard shall be provided along any remaining edges of the lot not adjacent
9 to streets except where such edges adjoin nonresidential district boundaries
10 or alleys containing nonresidential district boundaries.
I I (d) Such parking may be permitted only upon findings demonstrating
12 assurance of the continuing availability of the land to be used for such
13 offstreet parking, or that approved alternative facilities will be provided.
14 (See Section 2018.5, Provisions for Continuation or Replacement of
15 Required Offsite Parking.)
2018.2.2. Class C Special Permit Required Where Lots Are in Transitional
Areas of Residential Districts and Parkins is For Residential Uses
Within the Same District or the Adjoining District.
16 A Class C special permit shall be required where such adjoining or
17 abutting lots are in the transitional area of a residential district and the
18 proposed parking is to serve residential uses within the same district or the
19 adjoining district. In such cases, the some special limitations shall apply as
20 set forth in Section 2018.2.1, except that access to such lots may be from
21 within the residential district.
2018.2.3. Class C S ecial Permit Required Where Lots are Not In
'Residential Districts.
22 A Class C special permit shall be required where such adjoining or
23 abutting lots are not in residential districts, but are in any district in which
24 the principal use or uses served are permitted, or in less restricted districts.
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0
I Except as required for and restricted to emergency or service vehicles,
2 vehicular access to such facilities shall not be through any residential
3 district. Such parking may be permitted only upon findings that continuance
4 of any required portion thereof is assured, or that approved alternative
5 facilities will be provided. (See Section 2018.5) Provision for Continuance or
6 Replacement of Required Offstreet Parking.)
2018.3. Offsite Parkin2 Where Governmental Action Eliminates Prior
Offstreet Parking; Class C Special Permit _Required.
7 Where governmental land acquisition or construction prograrns elimi-
8 nate areas previously used for offstreet parking (required or other), or make
9 such areas inaccessible to uses previously served, offsite parking may be
10 allowed by Class C special permit as provided at Section 2018.2.2., above,
I I even though such parking is not to be on adjoining or abutting lots, as therein
12 described.
2018.4. Offsite Parking on Noncontiguous Lots.
.r
2018.4.1. Sr)ecial Excerption Reauired Where Lots are in Transitional Areas
of Residential Districts.
13 Except in circumstances set forth in Section 2018.3, a special exception
14 shall be required where lots other than adjoining or abutting, as described in
15 Section 2018.2, are proposed for offsite parking facilities, required or
16 otherwise, serving any principal use, residential or other, for which offsite
17 parking may be authorized in such transitional area of a residential district.
18 Special limitations and requirements applying in such eases shall be as
19 set forth at Section 2018.2.1, provided that where such offsite parking on
20 noncontiguous lots is provided to serve residential uses within the same
21 district, access may be from within the district if reasonably necessary for
22 reasons of convenience or security.
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2018.4.24
I A Class C special permit shall be required for offsite parking on lots not
2 abutting or adjoining the lot containing the principal use served where such
3 lots are not in residential districts, but are in any district in which the
4 principal use or uses served are permitted, or in a district which follows such
5 district in the Schedule of District Regulations. Such permit shall not be
6 issued except upon findings that it is infeasible to provide all or part of
7 required offstreet parking on the lot or on adjoining or abutting lots (as
8 provided at Section 2017.9 or Section 2018.2, above) and that continuance of
9 any permitted offsite parking is assured or that approved alternative
10 facilities will be provided. (See Section 2018.5, Provisions for Continuance or
I I Replacement of Required Offsite Parking.)
2018.5. Provisions for Continuance or Replacement of Required Offsite
t-arKln .
2018.5.1. Continuance Required; Recorded Agreement.
12 Where all or part of required offstreet parking space is to be permitted
13 to locate offsite, no such permit shall become effective, and no use
14 dependent upon such parking shall begin or continue, unless and until an
15 agreement approved in form by the Department of Law shall have been filed
16 with the Zoning Administrator and recorded with the Clerk of the Circuit
17 Court of Dade County, Florida. The agreement shall state that any offsite
18 required parking so permitted will not be alienated from the use for which it
19 is required unless other approved arrangements are made to provide such
20 parking. The agreement shall also state, and it is hereby provided, that in the
21 event of alienation of such required parking from the use which requires it,
22 the use for which it was originally provided shall cease or be diminished to
23 the extent required to reduce parking requirements to parking availability,
24 unless other approved arrangements are made.
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I Where such agreerneots are in effect, no use shall be made of the
Is 2 parking facility or portion thereof involved in such agreement except for the
3 purposes, and to accommodate the parking, indicated therein.
2018.5.2. Replacement of Required Offstreet Parkina; Amended Aaree-
4 Where all or part of required offstreet parking has been permitted to
5 locate offsite) the number of spaces thus provided may be reduced in amount
6 equal to the number of any onsite spaces added, or the number of other
7 offsite spaces added in other locations under special permit.
8 In such cases) any agreements which have been recorded as provided in
9 Section 2018.5.1, above, shall be amended and re -recorded in such a manner
10 as to reflect any change in limitations on use of the land or facilities
I I previously used for such offsite parking.
SECTION 2019. RESERVED.
SECTION 2020. PARKING AND/OR STORAGE OF
I A I IONS ON OCCUPANCY.
TAIN VEHICLES
)I IC LIK-
2020. I. Mobile !-tomes: Porkina. Storage and Occupancy: Limitations and
Exceptions. -
12 Except as otherwise provided in this ordinance, the outdoor parking or
13 storage of any mobile home in any district is hereby prohibited except on duly
14 authorized sales lots; establishments for servicing, maintenance, or repair;
15 mobile home manufacturing plants; junk, scrap, or salvage yards; storage
16 yards; or mobile home developments for which valid permits are in effect.
17 These provisions shall not be construed as prohibiting:
18 (a) Parking of mobile homes for not to exceed four (4) hours in loca-
19 tions otherwise legal, incidental to transit;
20 (b) Storage of mobile homes within completely enclosed buildings in
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1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
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; or
(d) Parking of mobile homes when authorized as temporary offices or
for security purposes in connection with land development or construction, or
for other purposes.
2020.1.1. Limitations on Location of Mobile Homes not in a Condition for
ccunancy.
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, or junk, scrap or salvage
yard.
These provisions shall not be construed as prohibiting storage of mobile
homes not in a condition for occupancy within completely enclosed buildings
in districts in which such storage facilities are permitted.
2020.1.2. Limitations on Occupancy of Mobile Homes.
Occupancy of any mobile home is hereby prohibited except: (a) in a
mobile home development for which a valid permit is in effect; (b) when
authorized by governmental agencies for use for educational, health, security,
communication, erergency housing, or similar purposes; (c) or when
authorized for use as temporary offices in connection with land development,
construction or other purposes.
2020.2, Major Recreational Equipment; Parking, Stora e and Occu
i imitations and ExceDtiOns.
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2020.2.1. Nlp'or i ecreot Anal u_ meat be.fined.
I For purposes of these regulations, major recreational equipment is
2 defined as including travel trailers, pickup campers, converted trucks or
3 buses, motorized homes, tent campers, tents, or other short -terra housing or
4 shelter arrangements and devices, boats and boat trailers, combinations
5 thereof, and other similar equipment, and trailers, cases, and boxes for trans--
6 porting recreational equipment, whether occupied by such equipment or not.
2020.2.2. Parking or Storage of Major Recreational Equipment as Accessoqy
7
Parking or storage of major recreational equipment shall be permitted
8
as an accessory use in residential districts only in accord with the following
9
limitations:
10
(a) Such equipment shall be parked or stored behind the nearest
I I
portion of any building to the street, provided that parking shall be permitted
®
12
anywhere on the premises or on adjacent streets or alleys (if otherwise
13
lawful) for not to exceed twelve 02) hours during loading and unloading;
14
(b) In any required side yard not adjacent to a street but no such
15
equipment may be parked or stored if it exceeds a height of six (6) feet above
16
the ground, provided however that masts, antennas, ventstacks, windshields,
17
or other minor accessories may exceed this height limit;
18
(c) Equipment exceeding the limitations set forth in (b), above, may
19
be parked outdoors only in portions of side yards within the buildable area of
20
the lot, or in rear yards;
21
(d) Unless such equipment is in usable condition and carries all
22
required licenses and inspection stickers, such equipment shall not be parked
23
or stored other than in completely enclosed buildings.
24
These provisions shall not be construed as prohibiting the docking of
25
boats, or storage in boathouses, in legally authorized locations in residential
20-79
I districts,
2020.2.3. Limitgtiohs, on Occu nc of Maur Recreational E ui merit.
2 Major recreational equipment parked or stored an a residential lot or
3 any street adjacent thereto, or in any other location where such use is not
4 authorized, shall not be used for living, sleeping, housekeeping, or business
S purposes.
6 These provisions shall not be construed as prohibiting otherwise lawful
7 use of (a) boats at boat docks (b) major recreational equipment, (c)
8 occupancy of major recreational equipment when authorized by governmental
9 agencies for use of educational, health, security, communication, emergency
10 housing, or similar purposes, or (d) when authorized for temporary office or
11 for security purposes in connection with land development, construction, or
12 other purposes.
2020.3. Parkin2 or Storage of Specified Trucks Buses Trailers or Semi-
railers Prohibited as AccessorZ Us'e in Residential istricts or in
Parking Facilities in Transitional Areas of Residential Districts.
13 Parking or storage of commercial trucks, buses, or vans; trailers or -
14 semi -trailers for freight, luggage or the like; or sign trailers shall not be —
15 permitted as an accessory use in any residential district, or in any parking —
16 facilities authorized in transitional areas of any residential district.
17
2020.4. Parking or Storage of Construction E ui ment Prohibited in
18 Residential Districts.
17 Except in connection with authorized active continuing construction on
18 the premises, construction equipment such as earth moving machines,
19 excavators, cranes, and the like shall not be parked or stored in any resi-
20 dential district.
SECTION 2021. RESERVED.
SECTION 2022, OFFS TREET. LOADING RE L21 EMENT$ G�NLERAL WR.0-
I The following general requirements) limitations, and standards shall
2 apply to offstreet loading:
2022.1. General Performance _Standards_ for and intent Concerning, Utt-
3 Offstreet loading facilities shall be so located, designed) improved)
4 constructed, and maintained as to provide safe and convenient access to and
5 from public streets and alleys, minimal interference with normal pedestrian
6 flows or with movement or parking of other vehicles on the premises, and
7 minimal marginal friction with passing traffic off the premises. Where
8 reasonably necessary to assure these objectives, loading areas and maneu-
9 vering room incidental thereto may be required to be placed in locations
10 separated from pedestrian and parking areas or appropriate physical barriers
I I may be required, such as fences, hedges, lane dividers, or other means for
12 separation of loading areas from parking areas and pedestrian traffic.
2022.2. Application of City of Miami Guides and Standards to Location
:sign, Improvement, and Lan scapinq 64 Offstreet Loading
Facilities.
13 Location, design, construction, surfacing, drainage, lighting, landscap-
14 ing, screening, and maintenance of offstreet loading facilities for trucks and
15 trailers, and access thereto, whether or not such offstreet loading facilities
16 are required by these regulations, shall be in accordance with City of Miami
17 guides and standards, and as set out herein.
18
2022.3. Limitations on Use of Required Offstreet Loading Stalls.
18 Required offstreet loading stalls shall be reserved for such purpose, and
19 shall not be used for parking, required or other, of vehicles other than those
20 in the process of loading or unloading. (See also Section 2017.12, Limitation
21 on Use of Offstreet Parking and Loading Areas, Restrictions on Storage of
I Vehicles not in Operating Condition.)
2022,4. SP ecidl permitss_(oquired,fot Proposed Offstreet Loading Facili-
ties or_for Substanfia Modification of ExJs- p aci_ities.
2 A Class 13 special permit shall be required for actions described below
3 involving offstreet loading space for trucks and trailers.-
4 (a) For proposed offstreet loading spaces for trucks and trailers, or
5 for substantial modification of existing facilities. ("Substantial modification"
6 shall be construed for purposes of this regulation as including changes in
7 number, location, dimensions, clearance, or arrangement of loading spaces,
8 access routes or maneuvering areas, entrances or exits, or in character, type,
9 or amount of landscaping.)
10 (b) Where existing offstreet loading facilities for trucks or trailers
II are nonconforming under the requirements of these regulations or any
12 standards of the City of Miami relating thereto, no modifications may be
13 permitted which increase the degree of nonconformity, and the permit may
14 require as conditions or safeguards such lessening of the degree of
15 nonconformity as is reasonably in the circumstances of the case.
16 Where such special permits are required, no use shall be made of the
17 offstreet loading facility or of the principal use to which such facility is
18 accessory except in accordance with the terms thereof.
2022.5. Reduction in Offstreet Truck and Trailer Loading Requirements
Where Rail Marine or Asir Freight Services are Directly Avalla-
61e; t pecial xception.
19 Where rail, marine, or air freight services are directly available at the
20 site of a use, or are so located that trucking on public streets is not required
21 in moving materials to or from the site, requirements for offstreet truck and
22
trailer
loading spaces
may be reduced correspondingly by special
exception,
23
but in
no case shall
the reduction be more than one half
('2) of full
24 requirements.
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I Any such special exception granted shall specify that in the event of
2 change in manner of operation or cessation of alternative freight service,
3 required spaces shall be provided or that the use shall cease or be diminished
4 to the extent required to reduce offstreet loading requirements to equal —
5 availability of such spaces. '
2022.6.
6 By special exception, the Zoning Board may allow deferral of construc-
7 tion, surfacing, drainage, rnarking, and other improvements incidental to
8 preparation for actual use of portions of required offstreet loading spaces,
9 upon findings that such portions are not reasonably likely to be used because
10 of the type of occupancy of the premises, joint use of facilities by uses with
I I differing peaks of loading demand, or for other reasons assurring that deferral
ID 12 of such improvements will not result in shortages of offstreet loading space
13 on the premises, or lead to use of public streets for loading and unloading.
14 Provisions concerning deferral periods, notices of revocation, and
15 extensions shall be as set out in relation to offstreet parking in Section
16 2017.8.
2022.7. Maintenance and Use of Areas on which Offstreet Loadin
Improvements are Wired.
17 Areas on the lot on which offstreet loading improvements are deferred
18 by special exception may be improved and maintained as pedestrian open
19 space or as offstreet parking space. No such area shall be included as
20 meeting part of any requirements concerning amount of pedestrian open
21 space or parking space to be provided on the lot, since deferral of
22 improvements is not intended as a waiver of offstreet loading requirements.
20-83
2022,8.
I Where there are multiple uses or buildings on one tract, or where uses
2 on adjoining lots propose to combine offstreet loading facilities for trucks and
3 trailers, including accessways, such joint offstreet loading facilities shall
4 require a Class C special permit. Except where number of offstreet loading
5 spaces has been reduced, or improvement requirements deferred under the
6 terms of Sections 2022.5 or 2022.6, the total number of offstreet spaces
7 provided and improved as required by these regulations shall not be less than
8 the sum of those required by the individual uses.
9 Findings required, and limitations established, with regard to combined
10 offstreet loading facilities, shall be as provided at Section 2017.9, Joint
I I Parking Facilities for Contiguous Uses, Class C Permit Required,
SECTION 2023. OFFSTREET LOADING DETAILED REQUIREMENTS AND
RELATED D N N .
2023.1. Definitions.
12 For purposes of these regulations, the term offstreet loading facility is
13 intended to refer to the entire offstreet loading complex, the term offstreet
14 loading space is to be construed as including the stall or berth and the apron
15 or maneuvering room incidental thereto, and the terms stall or berth are to
16 be construed as referring to the space within which vehicles are placed during
17 actual loading or unloading operations.
2023.2. Dimensions of Stalls or Berths, Generally.
18 For purposes of these regulations, two sets of minimum dimensions are
19 established for required offstreet loading stalls or berths, twelve (12) by
20 thirty five (35) feet, and twelve (12) by fifty five (55) feet. Vertical
21 clearance above such stalls and accessways leading thereto shall be a
22 minimum of fifteen 05) feet.
� •n
2023.2.1. Reduction i
0
I Reduction in above dimensions of required stalls shall be only by
2 Class C special permit, No such permit shall be issued except upon findings:
3 (a) That the manner of operation proposed is such that stalls of the
4 dimensions generally required are unnecessary because) among other matters,
5 the size, character, and operation of the use will not normally involve service
6 by motor vehicles requiring the dimensions of an offstreet space specified by
7 Section 2023.2; and
8 (b) That the uses involved are likely to continue or to be succeeded by
9 others for which the same stall dimensions will be adequate, or that any
10 additional loading space necessary could be provided in a logical location
I i without creating violations of other requirements of these regulations.
12 No such reduction shall permit a stall length of less than thirty (30)
13 feet, a stall width of less than ten (10) feet, or vertical clearance of less than
14 ten (10) feet.
2023.2.2. Conditions of Permit; Provisions Concerning Revocation.
15 Such permit shall be conditioned upon continuation of the manner of
16 operation indicated in the application, and may be revoked after thirty (30)
17 days notice to allow compliance with requirements generally applicable or
18 application for a new Class C special permit reflecting current manner of
19 operation. Failure to conform or to apply following such notice and within
20 the time limit set shall be deemed violation of this Ordinance.
2023.3. Projection of Vehicles being Loading or Unloaded into Public
treets or Alleys Prohibited.
21 No vehicle being loaded or unloaded in any such berth shall project into
22 any public walkway, street, or alley.
20-85
2
3
4
5
6
7
8
i;
H
2023.4. Number of Stalls 2pguired.
Except as modified under the terms of other provisions of these regula-
tions, 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. ' Where 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.
Number of square feet (in thousands) requiring first offstreet loading berth
Additional
First Second Third Fourth Fifth Sixth Increments
MultifamilX dwellings, apartment hotels residence hotels hotels hospitals..
25 50 100 200 500(I) 750(2) 250(I)
Business or professional offices auditoriums convention halls exhibition
alls aces of assembly,museums churches _commercial recreation
establishments, schools and _the like:
10 50 100 200 500(I) 750(2) 2500)
Retail establishments eating and drinkin establishments personal serv-
ice establishments not otherwise s cifie e stablishments for re it
rental or servicing of house old app lances and the like:
2 10 250) 40(2) 100(3) 200(4) 1000)
Mortuaries laundries dry cleaning establishments wholesale establish-
ments e manacturing plants, markets, warehouses, treight terminals and
the like:
10 25 40(I) 100(2) 200(3) 300(4) 100(I)
SECTION 2024. PIERS DOCKS WHARVES DOCKAGE BOAT HOUSES,
AND BOAT SLIPS -.-
The following regulations shall apply to piers, docks, wharves, dockage,
boat houses and boat slips, and uses and occupancies accessory or incidental
thereto, in addition to those set out in the Schedule of District Regulations
M
I
and other lawful regulations applying generally.
2024.1. As Accessory. Us.es_in Residenfi_igl ()istricts.
2
Boathouses, boat slipsi dockage space, and facilities for mooring private
3
pleasure craft vessels or official or scientific vessels, but not commercial
4
vessels, shall be permitted as an accessory use to any use generally permitted
5
or permissible by special permit in any residential district on any waterway
6
on which navigation by such craft is permitted, subject to the following
7
requirements and restrictions.
2024.1.1. Boat Houses and Boat Sli s Accessory to Residential Uses
eneral ly.
8
Except as permitted by special exception in connection with lots ex-
9
ceeding one acre in net area (as provided at Section 2024.1.2, below), the
10
following limitations shall apply to boathouses and boat slips accessory to
I I
residential uses in residential districts:
2024.1.1.1. Height of Boathouses.
12
No boat house shall be erected or altered to exceed a height of fifteen
13
(15) feet.
2024.1.1.2. Location of Boathouses and Boat Slips in Relation to
stablished Waterway or Bulkhead Lines• Adjacent Lot Lines
nterin or rocc in Waterwa s• lass SpecialPermit
for Facilities Extending Across such of Lines.
14
No boathouse or slip shall be built beyond the established bulkhead or
15
waterway line, or closer than ten (10) feet to any lot line separating the lot
16
from an adjacent lot in a residential district, provided, however, that upon
17
application by owners of adjoining properties, boathouses and slips may be
18
authorized by Class C special permit to extend across only one lot line.
2024.1.1.3. Len th and Width of Boathouses; Limitations on Waterfront
Yard Coverage y a Accessory Buildings in Such Yards.
20-87
I No such boathouse shall exceed twenty (20) feet in width or forty (40)
2 feet in depth. Boathouses, slips, and/or other accessory buildings shall not
3 occupy more than thirty five percent (35%) of the waterfront yard, providers
4 that where such coverage would result in exceeding permitted total lot
5 coverage by all buildings, it shall be reduced accordingly.
2024.1.2.
6 The Zoning Board, may, by special exception, authorize greater heights
7 for boat houses, and greater lengths and widths for boat houses and slips, than
8 set out above as applying generally, where such uses are proposed as
9 accessory to residential uses on lots exceeding one acre in net area. In such
10 cases, the Board may require greater separal ion from adjoining properties
I I than is generally required, and establish such other conditions and safeguards
12 as are necessary to assure that the potential adverse effects of such
13 accessory uses are no greater than would be the case under regulations
14 generally applying on smaller lots.
2024.1.3. Limitations on Location and Extension of Docks and Piers in
Residential istricts• Limitations on Location and aracter o
Vessels Docked or Moored.
15 In residential districts, and on portions of property adjoining such
16 districts, no docks or piers, including mooring piles, catwalks, and other
17 appurtenances, shall be constructed closer than ten (10) feet to property lines
18 extending into waterways (or as extended into such waterways). Only private
19 pleasure craft shall be docked or moored at such facilities, and no portion of
20 such craft shall be located closer than five (5) feet to such property lines.
21 As an exception to the limitations above, upon application by owners of
22 adjoining properties, docks and piers extending across not to exceed one lot
23 line may be authorized by Class C special permit. Where such authorization
I exists, limitations on docking and mooring of craft shall be construed as
2 applying to a combined parcel,
3 Where such docks or piers are permitted to extend beyond twenty five
4 (25) feet into waterways, separation from property lines extending (or as
5 extended) into such waterways shall be increased above the minimum ten (10)
6 feet an additional one (1) foot for each two and one-half (20 feet of
7 extension beyond twenty five (25) feet,
2024.1.4. Limitations on Facilities and Uses Related to
oorage of Vessels in Resiaential stricts.
8 In connection with dockage or moorage of vessels in all residential
9 districts, a set of davits of up to three (3) ton capacity, a private boat ramp,
10 and minor maintenance of vessels with tools requiring no more than I horse -
I I power shall be permitted. Prohibited are commercial vessels, commercial
12 boat ramps or commercial hauling, and commercial uses, except rental
13 dockage as permitted in the district. Sales of marine fuel and supplies shall
14 be prohibited except as specifically permitted in the district.
15 No pleasure craft or houseboats shall be occupied as an accessory use as
16 dwellings or lodgings in any canal on which adjacent properties are zoned
17 RS-1 or RS--2.
2024.2-9. Reserved.
2024.10. Extensions of Docks and Piers Into Waterways, Generally
18 In all districts, projections of docks or piers, including mooring piles,
19 catwalks, and other appurtenances, into waterways beyond the established
20 Dade County bulkhead line, or waterway line if no bulkhead line exists, shall
21 be limited as follows:
22 (a) Inland waterways - ten (10) feet where waterway is one hundred
23 (100) feet or more in width; ten percent (10%) of width of waterway if width
I exists, limitations on docking and mooring of craft shall be construed as
2 applying to a combined parcel.
3 Where such docks or piers are permitted to extend beyond twenty five
4 (25) feet into waterways, separation from property lines extending (or as
5 extended) into such waterways shall be increased above the minimum ten (10)
6 feet an additional one (1) foot for each two and one-half (M) feet of
7 extension beyond twenty five (25) feet.
2024.1.4. Limitations on Facilities and Uses Related to Docka e an
ooraae of Vgssel; in Residential Districts.
8 In connection with dockage or moorage of vessels in all residential
9 districts, a set of davits of up to three (3) ton capacity, a private boat ramp,
10 and minor maintenance of vessels with tools requiring no more than I horse -
I I power shall be permitted. Prohibited are commercial vessels, commercial
12 boat ramps or commercial hauling, and commercial uses, except rental
13 dockage as permitted in the district. Sales of marine fuel and supplies shall
14 be prohibited except as specifically permitted in the district.
15 No pleasure craft or houseboats shall be occupied as an accessory use as
16 dwellings or lodgings in any canal on which adjacent properties are zoned
17 RS-- I or RS--2.
2024.2-9. Reserved.
2024.10. Extensions of Docks and Piers Into Waterways, Generally
18 In all districts, projections of docks or piers, including mooring piles,
19 catwalks, and other appurtenances, into waterways beyond the established
20 Dade County bulkhead line, or waterway line if no bulkhead line exists, shall
21 be limited as follows:
AOL 22 (a) Inland waterways - ten (10) feet where waterway is one hundred
23 (100) feet or more in width; ten percent (10%) of width of waterway if width
I is less than one hundred (100) feet.
2 (b) Biscayne Bay - twenty five (25) feet.
2024,1 1. Extensions of Docks cnd.Piers Into,.Waterwa s, S ecial Exceptions.
3 By special exception, the Zoning Board may permit extensions of docks
4 and piers into waterways for greater distances than set forth above, provided
5 that no dock or pier, including mooring piles, catwalks, and other appurte-
6 nances, sholI extend into an inland waterway for more than ten percent (10%)
7 of its width or into Biscayne Bay more than six hundred (600) feet, or to
8 within one hundred twenty five (125) feet of any existing intracoastal
9 navigation canal, whichever is less, and further provided that special
10 exceptions in this class of cases shall not be granted in RS-1, RS-2, and RG-I
II districts.
12 In connection with special exceptions under this section, applications
13 shall include site plans showing lot lines and uses of the property and adjacent
14 properties, and location, dimensions, and structural character of existing and
15 proposed docks and piers and number and arrangement of berths.
16 Particular considerations regarding such special exceptions, and condi-
17 tions and safeguards to be attached thereto, shall include size, location,
18 design, and extent of existing and proposed dock or pier facilities in relation
19 to the use and enjoyment of nearby properties, the effect on the inland
20 waterway or the Bay, the effect on navigation and boat traffic, and
21 appearance.
SECTION 2025. SIGNS, GENERALLY.
22 The following definitions, methods for measurement, requirements, and
23 limitations shall apply with regard to signs, in addition to provisions appearing
24 elsewhere in the text of these regulations or in the Schedule of District
25 Regulations.
L
L7
2025.1. Definitions.
2025,1.1. �,'
I A sign is any name, identification, description, display, illustration, or
2 device which is affixed to or represented directly or indirectly upon a
3 building, structure, or land in view of the general public and which directs
4 attention to a product, place, activity, service, person, event, institution,
5 structure, or business.
2025.1.2. Signs, Number of.
6 For the purpose of determining the number of signs, a sign shall be
7 considered to be a single display surface or display device containing
8 elements organized, related, and composed to form a unit. Where matter is
9 displayed in a random manner without organized relationship of units, where
10 strings of lights are used, or where there is reasonable doubt about
I I relationship of elements, each element or light shall be considered to be a
12 single sign. Where sign surfaces are intended to be read from different
13 directions (as in the case of signs back-to-back or angled from each other)
14 each surface shall be considered to be a single sign. (See also diagram on
15 number and area of signs.)
16 Notwithstanding definitions in this Zoning Ordinance referring to lot
17 frontage, for the purpose of regulating the number of signs the terms
18 "fronting on a street," "street frontage," or "frontage" shall be construed as
19 adjacent to a street, whether at the front, rear, or side of a lot.
20 (For exclusion of horizontal traffic markings from limitations on
21 number of signs, see Section 2025.1.3.1.)
2025.1.3. Signs, Area of.
22 The surface area of a sign shall be computed as including the entire
23 area within a parallelogram, triangle, circle, semi -circle or other regular
20-91
i
I geometric figure, including all of the elements of the matter displayed, but
2 not including blank masking (A plain strip, bearing no advertising matter
3 around the edge of a sign), frames) display of identification or licensing
4 officially required by any governmental body, or structural elements outside
5 the sign surface and bearing no advertising matter, In the case of signs
6 mounted back-to-back or angled away from each other, the surface area of
7 each sign shall be computed, In the case of cylindrical signs, signs in the
8 shape of cubes, or other signs which are substantially three-dimensional with
9 respect to their display surfaces, the entire display surface or surfaces shall
10 be included in computations of area.
II In the case of embellishments (display portions of signs extending
12 outside the general display area) surface area extending outside the general
13 display area and bearing advertising material shall be computed separately as
14 part of the total surface area of the sign.
15 Notwithstanding definitions in this zoning ordinance referring to lot
16 frontage, for the purpose of regulating the area of signs the terms "fronting
17 on a street," " street frontage," or "frontage" shall be construed as adjacent
18 to a street, whether at the front, rear, or side of a lot.
19 (See also diagram on number and area of signs.)
20-92
SIGN5'. NUMBER AND SURFACE .AREA„MEASUREMENT
COOKS I Sign
6ROCE RIES
Area measured as
a circle ACE
DRUGS
Area r-neasured as
a rectangle r— `` C
- - - -,
M
H EATS
►— _.
�COOKS� ill
Gracenes
L '4
COOKS
`lam
GR
�cER H
rEs
O
,area measured as 0'
a triangle
�1
2D-93
I Sian:
Separate letters - area measured
as a unit
2 Signs:
Advertising separate facilities
and units not related
Area measured as a triangle
I Sian:
Units all related, not random display
2025.1.3.1. Horizontal Traffic Markin 5_ Excluded .,f ror Limitd#inns on
um _ranArco_ of igns.
I Directional markings, indications as to locations of entrances and exits,
2 traffic warning signs, lone or stall markings, indications as to parking or
3 loading reservations or restrictions and the like, bearing no advertising
4 matter, shall not be included under any limitations on number and area of
5 signs when affixed horizontally on pavement, or on curbs or wheelstops.
2025.1.4. Sign Structure.
6 A sign structure is a structure for the display or support of signs. In
7 addition, for purposes of these regulations, and notwithstanding the definition
8 of structure generally applicable in these zoning regulations, any trailer or
9 other vehicle, and any balloon or similar device attached to the ground or
10 anything thereon, and any other device which is readily movable and designed
l or used primarily for the display of signs (rather than with signs as an
12 accessory function) shall be construed to be a sign structure, and any signs
13 thereon shall be limited in area, number, location, and other characteristics
14 in accordance with general regulations and regulations applying in the district
15 in which displayed.
16 In addition to limitations relating to signs, sign trailers or other vehicles
17 used as sign structures shall be subject to any regulation applying to vehicles.
2025.1.5. Signs Onsite.
18 An onsite sign is a sign relating in its subject matter to the premises on
19 which it is located, or to products, accommodations, services, or activities on
20 the premises. 7nsite signs shall not be construed to include signs erected by
21 the outdoor advertising industry in the conduct of the outdoor advertising
22 business.
2025.1.6. Sign, Offsite.
20-94
I An offsite sign is a sign other than an ohsite sign, the term includes,
2 but is not limited to, signs erected by the outdoor advertising industry in the
3 conduct of the outdoor advertising business.
2025.1.7. Outdoor Advertise Business• Outdoor_Advertisin Si hs.
4 The outdoor advertising business is defined as one which provides
5 outdoor displays or display space on a lease or rental basis for general
6 advertising and not primarily or necessarily for advertising related to the
7 premises on which erected. Outdoor advertising signs shall be construed as
8 including any billboards, poster panels, or other displays or display spaces or
9 surfaces used in the conduct of the outdoor advertising business.
Definitions Relating to Sign Illumination and Animation
2025.1.8. Sign, Illuminated.
10 An illuminated sign is a sign which is artificially lighted from sources
I I primarily designed for this purpose. Where artificial lighting making the sign
12 visible is incidental to general illumination of the premises, the sign shall not
13 be construed to be an illuminated sign.
2025.1.8.1. Sign, internally (or Directly) Illuminated.
14 An internally (or directly) illuminated sign is a sign containing its own
15 source of artificial light internally, and dependent primarily upon such source
16 for visibility during periods of darkness.
2025.1.8.2. Sign, Indirectly Illuminated.
17 An indirectly illuminated sign is a sign illuminated primarily by light
18 directed toward or across it or by back -lighting from a source not within it.
19 Sources of illumination for such signs may be in the form of gooseneck lamps,
20 spotlights, or luminous tubing. Reflectorized signs depending on automobile
21 headlights for an image in periods of darkness shall be construed to be
20-95
I indirectly illuminated signs,
2025.1.8.3. 5iOn,_Flashing,
2 A flashing sign is a sign which includes a flashing, changingf revolving,
3 or flickering light source or a change of light intensity, whether internally or
4 indirectly illuminated. For the special purposes of these regulations, time
5 and temperature signs (see Sec. 2025.1.8.4) below) shall not be construed to
6 be flashing signs, but are regulated separately. (See South Florida Building
7 Code Sec. 4209.3, for limitations on wording or illumination of flashing signs.)
2025.1.8.4. Sign, Time and Temperature.
8 A time and temperature sign is a sign conveying lighted messages
indicating time, temperature, tide change, barometric pressure, or wind speed -
10 and direction, by means of illuminated letters or numbers with change
I I intervals for such messages of not less than four (4) seconds. For purposes of
12 these regulations, time and temperature signs shall not be construed to be
13 flashing signs or animated signs.
2025.1.9. Sign, Animated.
14 An animated sign is a sign which moves or has externally moving (or
15 apparently moving) parts or messages. For special purposes of these regula- —
16 tions, time and temperature signs (see Section 2025.1.8.4, above) shall not be
17 construed to be animated signs, but are regulated separately.
2025.1.9.1. Sign, Animated, Revolving or Whirling.
18 A revolving or whirling sign is an animated sign, which revolves or
19 turns, or has external sign elements which revolve or turn, at a speed greater —
20 than six (6) revolutions per minute. Such signs may be power driven or pro-
21 pelted by the force of wind or air.
20-9 6
Defin!!ions l glptin .to Sin Mriunt.i:n
ah Sigh Matetidls
2025.1.10. Sign, Wall. or Flat.
I A wall or flat sign is a sign painted or affixed in any manner and appro=
2 ximately parallel to any exterior wall of a building, with no portion projecting
3 more than twelve (12) inches from the building wall.
2025.1.11. Sigh, Projecting.
4 A projecting sign is a sign affixed in any manner to any exterior wall of
5 a building or other structure, and with any portion projecting more than
6 twelve 02) inches horizontally therefrom, or a hanging sign.
2025.1.1 1.1. Sign, Canopy, Marquee or Awning.
7 A canopy, marquee, or awning sign is a projecting sign (other than a
8 hanging sign) which forms a part of, or is painted on, or attached to a canopy,
1* 9 marquee, or awning.
2025.1.1 1.2. Sign, Hanging.
10 A hanging sign is a projecting sign suspended vertically from and
I I supported by the underside of a canopy, awning, or marquee, or from a
12 bracket or other device extending from a structure.
2025.1.12. Sign,Roof.
13 A roof sign is a sign affixed in any manner to the roof of a building, or a
14 sign mounted in whole or in part on the wall of the building and extending
15 above the eave line of a pitched roof or the roof line (or parapet line, if a
(6 parapet exists) of a flat roof. (See Section 2107.2.2.(b).)
2025.1.13. Sign, Window or Door.
Amkk 17 A window or door sign is a sign affixed to the inner or outer surface of a
49
18 window or a door, and visible from public ways.
20-97
2025.1414. Sian, gtound (or Fteestandin )
fii.i..P..iiYi
1 A ground sign or freestanding sign is a sign other than a sign primarily
2 supported by or affixed to the roof or wall of a building. A sign shall be
3 construed to be a ground sign even though braced against a building if its
4 principal support is not the building. Ground signs shall be construed as
5 including signs mounted on poles or posts in the ground, signs on fences, signs
6 on walls other than the walls of buildings, signs on sign vehicles, portable
7 signs for placement on the ground (A -frame, inverted T-frome and the like),
8 signs on or suspended from tethered balloons or other tethered air -borne
9 devices, and signs created by landscaping.
2025.1.15. Sign Vehicle.
10 A sign vehicle is a trailer, automobile, truck, or other vehicle used
I I primarily for the display of signs (rather than with sign display incidental to
12 use of the vehicle for transportation). For purposes of these regulations,
13 signs on sign vehicles shall be considered to be ground signs. (See Section
14 2025.1.4 and Section 2026.7.)
2025.1.16. Bulletin Board, Generally.
15 Where the term bulletin board is used in these regulations (as distin-
16 guished frorn community or neighborhood bulletin board, or kiosk) it shall be
17 construed as meaning an outdoor display device accessory to and on the
18 premises of places of worship, schools, or other institutions, auditoriums and
19 the like for providing public notice identifying the premises and indicating
20 nature and hours of events, names of principal officers, and the like. As
21 employed in relation to these and other principal uses, the term is also in-
22 tended to include outdoor display devices serving as directories and giving
23 guidance as to the location of persons or uses on the premises.
24 Any outdoor structure used for the display of advertising or for
I indicating the prices of goods or services shall not be construed to be a
2 bulletin board (as authorized separately from other signs in district
3 regulations), except as provided below in relation to community or neighbor-
4 hood bulletin boards and kiosks.
2025.1,16.1. Community.or Neighborhood Bulletin Board,
5 A community or neighborhood bulletin board is an outdoor display
6 device intended and reserved for the free and informal posting of temporary
7 notices by individuals or public or quasi -public organizations, clubs, and the
8 like. Such notices may include announcements of neighborhood or commu-
9 nity-wide meetings, entertainments or events, lost and found notices, notices
10 offering or seeking employment, notices offering to buy or sell, or seeking or
I I offering transportation or accommodations.
2025.1.16.2. Kiosk.
12 A kiosk is defined for the special purposes of these regulations as a
13 particular form of community or neighborhood bulletin board, a free-standing
14 display device or structure not exceeding eight (8) feet in height or three (3)
15 feet in maximum horizontal dimension.
2025.1.17. Sign, Banner.
16 A banner sign is a sign made from flexible material suspended from a
17 pole or poles, or with one or both ends attached to a structure or structures.
18 Where signs are composed of strings of banners, they shall be construed to be
19 pennant or streamer signs.
2025.1.18. Sign, Pennant or Streamer.
20 Pennant or streamer signs are signs made up of strings of pennants, or
Aft 21 composed of ribbons or streamers, and suspended over open premises and/or
22 attached to buildings.
r�
2025,1. 19-24, Reserved,
Definitions Relating to i urpose of Signs
2025.1.25, Address Signs,
I Address signs are signs limited in subject matter to the street number
2 and/or postal address of the property, the names of occupOnts, the name of
3 the property, and, as appropriate to the circumstances, any matter
4 permissible in the form of notice, directional, or warning signs, as defined at
5 Section 2025.1.26. Names of occupants may include indications as to their
6 professions, but any sign bearing advertising matter shall be construed to be
7 an advertising sign, as defined at Section 2025.1.27, below.
2025.1.26. Notice, Directional, and Warning Signs.
8 For the special purposes of these regulations, notice, directional, and
9 warning signs are defined as signs bearing no advertising matter and limited
10 to providing notice concerning posting of property against trespass, directing
I I deliveries or indicating location of entrances, exits and parking on private
12 property, indicating location of buried utilities, warning against hazardous
13 conditions, prohibiting salesmen, peddlers, or agents, and the like.
14 Notice, directional, and warning signs may be combined with address
15 signs.
2025.1.27. Advertising Signs.
16 Advertising signs are signs intended to promote the sale of goods or
17 services, or to promote attendance at events or attractions. Except as
18 otherwise provided, any sign bearing advertising matter shall be considered an
19 advertising sign for the purposes of these regulations.
2025.1.27.1. Real Estate Signs. •
20 Real estate signs are signs used solely for the purpose of offering the
20-100
I property on which they are displayed for sale, rent, lease, or inspection or
2 indicating, for not to exceed twenty (20) days, that the property has been
3 sold, rented, or leased. Such signs shall be non -illuminated and limited in
4 - content to the name of the owner or agent, an address and/or telephone
5 number for contact, and an indication of the area and general classification
6 of the property.
7 Real estate signs are distinguished in these regulations from other
8 forms of advertising signs, and are permitted in certain districts and locations
9 from which other forms of advertising signs are excluded. Real estate signs
10 maintained on a property for more than twenty (20) days indicating that the
I I property on which they are displayed has been sold, rented, or leased, or
12 containing matter other than as indicated above, are prohibited in all
13 districts.
2025.1.27.2. Develol2ment Signs; Class A Special Permits When Re-
Ir
Ilk ruitra _
14 Development signs are on -site signs announcing features of proposed
15 developments, or developments in process of completion. Where such signs
16 are erected or maintained after completion, they shall be construed to be real
17 estate signs and subject to all limitations thereon.
18 Except when combined with construction signs permissible in the
19 district, or as exempted at Section 2025.3.8, development signs shall be
20 permissible only by Class A special permit, only after required development
21 permits have been issued and only while such permits are in effect. Such
22 Class A special permits shall specify the maximum time permissible between
23 erection of the sign and beginning of construction, conditions under which the
24 sign is to be removed if construction is not begun as specified or is not
25 carried to completion diligently, and requirements for removal or limitations
26 on continuation following construction.
V
20-101
r
2025.1.27.3. Cons tructioh Si ns.
I Construction signs are onsite signs identifying the development on the
2 premises and the owners, architects, engineers, contractors and others
3 involved in such development. Such signs may be combined with development
4 signs, as defined above at Section 2025.1.27.2.
2025.1.28. Symbolics Award Flags, House Flaos or banners.
5 Symbolic, award, or house flags or banners are flags or banners
6 identifying institutions or establishments symbolically or indicating special
7 awards, but bearing no advertising matter other than the symbol of the
8 institution or establishment.
2025.2. Permits Required for Signs Except those Exempted; APplications. _
9 Except for classes of signs exempted frorn permit requirements at
10 Section 2025.3, all signs shall require permits. Applications for such permits
II shall be made separately or in combination with applications for other
12 permits, as appropriate to the circurnstances of the case, on forms provided
13 by the administrative official, and shall be accompanied by such information
14 as is reasonably required to rake necessary determinations in the case.
2025.2.1. Permit Identification Required to be on Sign.
15 Any sign requiring a permit or permits shall be clearly marked with the
16 permit number or numbers and the name of the person or firm placing the
17 sign on the premises.
2025.3. Classes of Signs and Activities in Relation to Signs Exempted
Tom Permit Requirements; Other Limitations, Regulations,an
Requirements Remain Applicable.
18 The following classes of signs or activities in connection with signs are
19 exempted from permit requirements, but other limitations, regulations, and
20 requirements concerning such signs or activities remain applicable except as
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I otherwise provided:
2025.3.1. 5i s Eected_b or,on..Order of .Governmerltal_Jurisdictions.
2 Sign permits are not required for Official signs erected by or on order of
3 governmental jurisdictions, notwithstanding any limitations set out In these
4 regulations.
2025.3.2. National Fla and FIa of Political Subdivisions.
5 Sign permits are not required for display of national flags or flags of
6 political subdivisions.
2025.3.3. Decorative Flaas, Buntina. and Other Decorations on Special
7 No sign permit shall be required for display of decorative flags, bunting,
8 and other decorations related to official holidays, or for celebrations, conven-
9 tions, or commemorations when authorized by the City Commission for a
10 specified period of time. -
2025.3.4. Symbolic Flags, Award Flags: House Flags.
I I No sign permit shall be required for display of symbolic, award, or house
12 flags, limited in number to one for each institution or establishment for the
13 first fifty (50) feet or less of street frontage and one for each fifty (50) foot
14 increment of lot line adjacent to a street.
2025.3.5. Address, Notice, and Directional Signs, Warning Signs.
15 No sign permit shall be required for address, notice, and directional
16 signs or warning signs, as defined at Sections 2025.1.25 and .26.
2025.3.6. SiSQs on Vehicles Exempted General) • Permit Required for Sign
Vehicles.
17 No sign permit shall be required for display of signs on automobiles,
18 trucks, buses, trailers, or other vehicles when used for normal purposes of
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I transportation. Signs displayed on sign vehicles, as defined at Section
2 2025.1.4, shall require a sign permit.
2025.3.7. Real Estate. Signs.
3 No sign permit shall be required for real estate signs, as defined at
4 Section 2025.1,27.1, provided that the number and area of such signs shall not
5 exceed maximums established for the district in which located, and district
6 regulations shall be controlling as regards location on premises.
2025.3.8. Construction Si ns• Development Signs When Combined with
"Construction Sions.
7
No 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 sign for 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 sign permit.
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, " hether or not sign permits are required.
2025.3.9. Reserved.
2025.3.10, CommunitX or Neighborhood Bulletin Boards Kiosks• Class B
Special Permit Required for_-I-stablishmeFTt, but not for osting
J�+MV►w-
20 Class B special permits shall be required for establishment of
21 community or neighborhood bulletin boards, including kiosks in districts where
20-104
I permissible, but no sign permits sholl be required for posting of notices
2 thereon as described and limited at Sections 2025.1,16.1 and 2.
3 Subject to approval by the officer or agent designated by the City
4 Manager, such signs may be erected on public property. Conditions of such
5 Class B special permit shall include assignment of responsibility for erection
6 and/or maintenance, and provision for removal if not properly maintained.
7 No such community or neighborhood bulletin board or kiosks shall be
8 used in the conduct of the outdoor advertising business or for the display of
9 outdoor advertising signs, as defined at Section 2025.1.7, nor for the posting
10 of general or continued advertising by commercial or service establishment.
2025.3.11. Temporary Campaign Signs.
I I No sign permit shall be required for temporary campaign signs displayed
12 on private property, in non-residential districts, not exceeding fifteen (15)
t 13 square feet in sign surface area, and used in connection with political
14 campaigns or civic non-commercial health, safety, or welfare campaigns,
15 provided that all such signs shall exhibit the date of the conclusion of the
16 campaign and shall be removed within three (3) days thereafter. No political
17 campaign sign shall be erected in any residential district.
2025.3.12. Cornerstones, Memorials, or Tablets.
18 No sign permit is required for cornerstones, memorials, or tablets when
19 part of any masonry surface or constructed of bronze or other incombustible
20 and durable material and used to indicate, without advertising matter, such
21 information as identification and date of construction of buildings, persons
22 present at dedication or involved in development or construction, or
23 significant historical events relating to the premises or development.
2025.3.13. Curbside Deliver4 Rece tacles• General A roval Re uired Sign_
errnit or Individualelivery eceptacles not eguired;Limita-
tions on Location.
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I No sign permit shall be requited for erection of curbside delivery recep-
2 tacles for U► S. mail which have been approved for use by postal authorities.
3 Where curbside delivery receptacles are intended for general use for other
4 purposes (as for example in the case of newspaper deliveries) a Class C
5 permit shall be required for general approval of the design of any such
6 receptacles as are proposed for use in residential districts, and for the color
7 and wording to be used thereon. Following general approval, based on
8 findings that the design, color, and wording of the proposed receptacle is
9 appropriate in residential environments, sign permits for erection of
10 individual delivery receptacles of this kind are not required.
I I No such curbside delivery receptacle shall extend closer than sixteen
12 (16) inches to the outer edge of the curb, or in the absence of the curb, to the
13 right of way line of any street.
2025.3.14. Signs on Bus Shelters. Benches, Trash Receptacles, and the Like.
i4 Where bus shelters, benches, trash receptacles, or other structures or
I Qdevices for promotion of public comfort, convenience, or health are erected
16 or maintained by public agencies, signs authorized by such agencies shall not
17 require permits. Where such structures or devices are to be privately erected
18 or maintained in districts other than residential, signs thereon shall be subject
19 to limitations and requirements applying generally within such districts.
20 Where such structures or devices are to be privately erected or maintained in
21 residential districts, a Class C permit shall be required for approval of design
22 thereof, and in connection with such permit limitations and requirements
23 shall be established as to character, size, number and method of display and
24 maintenance of any signs, as appropriate to the residential environment.
25 As appropriate to the circumstances of the case, Class C permits of this
26 type may be made applicable to individual structures or devices of the
27 character described, or to specified numbers and locations, or to general
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I classes of structures or devices, proposed for erection at maintenance by
40 2 applicants.
2025.3.15, Weather Flags.
3 No sign permit shall be required for weather flags for official notice of
4 weather conditions authorized or displayed by official government agencies,
5 provided that not more than one set of such flags shall be permitted on any
6 premises, and that any display of weather signals shall be an accurate
7 reflection of official weather reports.
2025.3.16-20. Reserved.
2025.3.21. Activities Related to Signs Exempted from Permit Requirements.
8 No sign permit shall be required for routine change of copy on a sign,
9 the customary use of which involves frequent and periodic changes, or for the
10 relocation of sign embellishments providing such relocation does not result in
I I increase of total area of the sign beyond permissible limits. Where change in
12 copy changes the class of sign to a non-exempt category, however (as for
13 example when advertising matter is added to a previously exempt address or
14 directional sign) a sign permit shall be required.
SECTION 2026. SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS.
2026.1. Projecting Signs, Marquees, Awnin s and the Like• Vertical and
Horizontal Clearances.
15 Vertical clearances, projections, and clearances from curb lines as
16 projected vertically, for projecting signs including marquees, and for awnings,
17 canopies, and the like whether or not bearing signs, shall be as provided in
18 The South Florida Building Code, Section 4208, Limitations on Projecting
19 Signs; Section 4304, Location and Use (canvas awnings and canopies); and
20 Section 4404, Location (rigid awnings, canopies, or canopy shutters).
21 Except as otherwise specified in these zoning regulations, projecting
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I signs shall comply with the yard requirements of the districts in which
2 located.
2026.2. Roof Signs;, New Roof Signs Prohibited,
3 With respect to repair of existing roof signs, the provisions of The South
4 Florida Building Code, Section 4206, Limitations on Roof Signs, shall apply.
5 No permits shall be issued under this zoning ordinance for new roof signs.
2026.3. Ground Signs.
6 With respect to the location of ground signs, the provisions of The South
7 Florida Building Code, Section 4207, Limitations on Ground Signs, shall apply,
8 provided however that where this zoning ordinance establishes further
9 limitations on location of such signs, such limitations shall apply.
2026.4. Structural Wall Signs or Flat Signs; Clearance Above Public
awl -Ways.
10 Structural wall signs or flat signs shall provide clearance above public
I I walkways as required by The South Florida Building Code, Section 4209.5.
12
1� J
,4
15
16
17
18
19
2026.5. Limitations on Wording and Illumination of Si ns• Prohibition
Against Mockino Earess. Licht. or Ventilation.
in addition to the limitations and restrictions set forth in this zoning
ordinance, the provisions of The South Florida Building Code, Section 4209,
Detailed Requirements, shall apply with respect to blocking required egress,
light or ventilation, movement or rotation of sign parts in such a manner as to
resemble danger lights or lights on emergency vehicles, wording on unofficial
signs implying the need or requirement for stopping or the existence of
danger when such conditions do not actually exist, or illumination likely to
cause confusion with traffic signals.
2026.5.1. Real Estate Signs, Construction Signs, Development Signs Shall
Not Mislead as to Zoning Status of Property.
Chi
L
Y
I No real estate, construction, or development sign shall in any manner
2 state or convey or create the impression that such property may be used for
3 any purpose for which it is not toned, or that any structure may be used for
4 purposes not permitted by toning or other regulations.
2026.5.2.
5 No sign shall be illuminated or flashing unless such signs are specifically
6 authorized by the regulations for the district in which erected.
7 Whether or not flashing signs are authorized generally within a district,
8 no flashing sign shall be permitted within one hundred (100) feet of any
9 portion of property in a residential district as a measured along the street
10 frontage on the same side of the street, or as measured in a straight line to
I I property across the street, if the flashing element of such sign is directly
12 visible from the residential property involved. (See also Section 2107.2.2(c).)
2026.6. Prohibition Against Revolving or Whirling Si ns and Pennant or
Streamer igns.
13 Revolving or whirling signs and pennant or streamer signs are hereby
14 prohibited.
2026.7. Limitations on Use of Sign Vehicles.
15 For purposes of these regulations, sign vehicles shall be considered to be
16 sign structures, subject to any regulations applying thereto and to signs
17 displayed thereon, and shall also be subject to any regulations herein set forth
18 or otherwise applying to vehicles and their storage, parking, or location on
19 premises.
2026.8. Prohibition Against Sin Placement lm4din2 Visibilitz of Traffic
or Pedestrians, or Creating Other Hazards.
20 No sign or sign support structure shall be so placed as to create hazards
20-109
I to pedestrians or traffic on either public or private premises. In particular,
2 no sign or sign support structure shall be so placed as to violate the provisions
3 of Section 2008.9, Vision Clearance at Intersections, or to impede visibility of
4 traffic or pedestrians at other points on public or private premises where such
5 visibility is reasonably necessary to safety, or to create potential hazards to
6 individual vehicles being driven or maneuvering incidental to parking, loading
7 or unloading, on public or private premises.
2026.9. Reserved
2026.10. Removal. Reaair, or Replacement of Certain Sians: Prohibition
Against Repair or Replacement of Certain NonconforrninQ Si ns
Ordered Removed.
8 In addition to removal required for nonconforming signs at Section
9 2107.2, the following rules, requirements, and limitations shall apply with
10 regard to removal, repair, or replacement of certain signs, as indicated
I I below. Orders concerning removal, repair, or replacement shall be guided by
12 the following rules:
13 (a) If such signs are otherwise lawful, except for the condition or
14 circurnstance leading to the order, the order shall require repair or replace-
15 ment within a stated time, not to exceed ninety (90) days from the date of
16 the order, or removal prior to the expiration of such period. Such order shall
17 specify that upon failure to comply with such period, the City shall cause the
18 signs to be removed, with costs assessed against the owner or lessor of the
19 property or the owner of the sign, as appropriate to the circumstances of the
20 case.
21 (b) If such signs are nonconforming under the terms of this ordinance
22 by reason of character or location or the use with which associated, or
23 exceed, in combination with other signs on the premises, limitations on
24 number or area of signs, the order shall require any nonconforming signs to be
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I removed or made to conform within a stated time, not to exceed ninety (90)
2 days from the date of the order , and shall specify as above with regard to
3 removal by the City.
2026.10.1, Unsafe Signs,
4 Unsafe signs, found to be so under the terms of Section 202 of The
5 South Florida Building Code, shall be removed, repaired or replaced as
6 provided therein, if otherwise lawful. If nonconforming, such signs shall be
7 removed.
2026.10.2. Decrepit or Dilapidated Signs.
8 Signs found to be decrepit or dilapidated (whether or not determined to
9 be unsafe as provided above) shall be removed, repaired, or replaced if
10 otherwise lawful. If nonconforming, such signs shall be removed.
2026.10.3. Onsite Signs AdvertisinR Establishments Commodities, or Serv-
ices No Longer on remises.
II Onsite signs advertising establishments, commodities, or services
12 previously associated with the premises on which erected, but no longer
13 there, shall be removed within six (6) months from the time such activity
14 ceases. If otherwise lawful, such signs may be replaced by signs advertising
15 establishments, commodities, or services currently associated with the
16 premises. If nonconforming, such signs shall not be replaced.
2026.10.4. Offsite Signs Bearing Obsolete Advertising_ Matter.
17 Offsite signs advertising establishments or attractions, commodities, or
18 services which no longer exist or are no longer available, or bearing other
19 obsolete advertising matter, shall be removed. If otherwise lawful, such signs
20 may be replaced by current advertising material. If nonconforming, such
-0 21 signs shall not be replaced.
20-III
2026. 1 1.
9
I Structural members of all signs, including supports, shall be covered,
2 pointed, sand/or designed in such a manner as to be visually unobtrusive.
2020.12-14. Reserved.
2026.15. Outdoor Advertising Signs.
3 Signs used in the conduct of the outdoor advertising business shall be
4 regulated and restricted as follows in districts in which they are permitted.
5
2026.1 `.I. Limitations on Sin Area Including Embellishmentsi Limitations
on Projections of Embellishments.
5 Total surface area of an outdoor advertising sign shall not exceed seven
6 hundred fifty (750) square feet, including embellishments, if any (with sign
7 and embellishment area measured as provided at Section 2025.1.3, Area of
8 Signs).
9 Total area of embellishments, including portions falling within or super-
i0 imposed on the general display surface area, shall not exceed one hundred
I I (100) square feet.
12 No embellishment shall extend more than five (5) feet above the top of
13 the sign structure, or two (2) feet beyond the sides or below the bottom of the
14 sign structure.
1 Embellishments shall be included in any limitations affecting minimum
16 clearance or maximum height of signs, permitted projections, or distance
17 from any structure or lot or street line.
2026.15.2. Limitations on Location Orientation of Outdoor Advertising S_i2
in Relation to Limited Access iq wa s an xpressways.
18 No outdoor advertising sign shall be erected, constructed, altered,
19 maintained or relocated within six hundred (600) feet of the right-of-way
20 lines of any limited access highway, including expressways, as established by
20-112
I the State of Florida or any of its political subdivisions, unless such sign is
2 parallel to, or at an angle of not greater than thirty (30) degrees with the
3 centerline of any such limited access highway and faced away from such
4 highway. Where such signs are within six hundred (600) feet of more than one
5 limited access highway, the limitations set forth above shall apply with
6 respect to all such highways.
SECTION 2027, TEMPORARY STRUCTURES OCCUPANCIES
RUCTION.
7 In any district, temporary structures, occupancies, and uses reasonably
8 necessary for construction (including preparation of land) shall be permitted,
9 subject to the limitations and requirements of these and other lawfully
10 adopted regulations (and particularly the South Florida Building Code).
I I Except where specifically authorized or required, such structures and
12 uses shall be located on the site, and shall not encroach upon any public way.
13 As necessary for protection of the public health, safety, and tranquility in the
14 circumstances of the particular case, the Zoning Administrator may attach to
IS any permit or certificate of occupancy reasonable requirements, conditions,
16 and safeguards, including limitation of hours for the conduct of part or all of
17 the activities involved. Activities shall be so conducted as to minimize
18 annoyance to surrounding areas due to noise, dust, glare, fumes, run-off of
19 water, deposit of sediment, or other adverse effects.
20 Rock, soil, sand, or gravel may be used for fill or construction on the
21 site, but no such material may be used for onsite manufacture of building
22 materials other than mortar for masonry or plaster. Handling of materials
23 moved from or to the site shall be so conducted as to control flying dust or
24 spillage on the streets.
.,� 25 Where temporary sheds, offices, quarters for watchmen, or the like are
26 authorized as reasonably necessary in connection with such activities, they
20-113
I shall be so located as to Minimize potentially adverse visual or other effects
2 on surrounding property or those who pass on public ways.
Detailed Re uirer-nents and Limitations A plyino,to
Particular Uses and Structures _'enera or in
articu ar rstrM or rou o Districts
SECTION 2028.
3 Where existing lots in RS-I, RS-2, or RG-I districts contain at least
4 twice the required minimurn net area and width required for the erection of a
5 single family detached structure or a two family semi-detached structure in
6 the district, but less than the gross area required for the creation of a PD-H
7 district, more than one structure may be erected on such lots only by Class C
8 Special Permit subject to the following requirements. —
2028.1. Minimum Lot Area.
9 No variances shall be considered from the following requirements:
i0 (a) In the RS-1 District, one single family detached structure may be
I I erected for each tan thousand (10,000) square feet of net lot area.
12 (b) In the RS-2 District, one single family detached structure may be
13 erected for each five thousand (5000) square feet of net lot area.
14 (c) In the RG-I District, one single family detached structure or one
15 two-fornily semi-detached structure may be erected for each five thousand
16 (5000) square feet of net lot area.
2028.2. Minimum OpEn Space.
17 (a) Exterior yards, lot coverage, livability space and offstreet parking
18 shall be as generally required for the respective district.
19 (b) Building spacing shall be as provided for attached and multi-
20 family dwellings at Section 2013.
20-114
,0
2028.3. Site.. and_I��y�i�pment.l�,lgrt.
I An accurate site and development plan shall be submitted that shows:
2 (a) The development is appropriate to the character of the surround-
3 ing neighborhood, with due regard to the preservation of desirable natural or
4 cultural or archeological features. In connection with such preservotion, the
5 Planning Director may require changes in proposed site plans or in proposed
6 locations for buildings, and may permit or require such variations from
7 generally applicable yard requirements as will preserve such features.
8 (b) Proposed landscaping.
9 (c) Functional, safe and convenient vehicular access that channels
10 traffic with a minimum of friction.
SECTION 2029. RESERVED.
SECTION 2030. AUTOMOTIVE SERVICE STATIONS AS PRINCIPAL USES.
I I The following standards, limitations, and requirements shall apply to
12 automotive service stations as principal uses:
2030.1. Minimum Net Lot or Site Dimensions. Minimum Street Frontage.
13 Minimum net lot area for an automotive service station (or minimum
14 site area reserved for use by the automotive service station where established
15 in combination with other uses) shall be fifteen thousand (15,000) square feet.
16 Minimum lot or site depth shall be one hundred (100) feet. Minimum street
17 frontage for at least one street shall be one hundred fifty (150) feet.
2030.2. Limitations on Outdoor Storage, DisplaX, or Activities.
2030.2.1. Storage and DiseloX of Products Sold and Equipment Used
Incidental to Normal Refue rna.
18 Products for sale incidental to normal refueling may be stored and
19 displayed outdoors in the standard racks provided for such purposes at loca-
20 tions not closer to the street than pump islands. Products in this category
20-115
I shall include only oils, additives to fuel or radiator coolants, windshield wiper
2 blades, and the like. There shall be no outdoor display or storage of tires or
3 other merchandise. Equipment used incidental to normal refueling may be
4 stored outdoors within the same area, but other equipment used in permitted r
5 servicing shall be stored and used within buildings.
2030.2.2, Activities Incidental to Normal Refueling. -
6 Activities incidental to normal refueling may be conducted outdoors
7 while vehicles are at pump islands. Other permitted activities, such as
8 repairs, change of tires, greasing and lubrication, and the like shall be
9 conducted within buildings.
2030.2.3. Vending Machines.
10 Any vending machine for the sale of food, drinks, tobacco, and sundries
I I located outside the principal building shall be located immediately adjacent
12 to the building in an enclosure designed and improved for such purpose, and
13 with adequate facilities for disposal of trash.
2030.2.4. Truck and Trailer Rental Units Where Permitted.
14 In districts where truck and trailer rentals are permitted as accessory
15 uses at autornotive service stations, no such units shall be stored closer to the
16 street than the principal building and a solid textured masonry wall at least _
17 six (6) feet in height shall be provided around the interior lines of the
18 designated storage area except for necessary access openings. Permitted
19 rental vehicles shall be stored only within this area, and no other vehicles
20 shall be stored therein.
2030.2.5. Limitations on Parking or Storage of Vehicles.
21 Only vehicles awaiting service, permitted rental vehicles, vehicles used
22 in road service, and vehicles of employees parked while working shall be
20-116
atF� �
I
I stored or parked on the premises, except in districts where commercial
2 parking is a permitted accessory use at automotive service stations. In such
3 districts, such commercial parking shall be permitted only in areas designated
4 and reserved for such purpose and only on area additional to the minimum lot
5 or site area required for an automotive service station.
2030.3. trash Facilities.
6 Adequate, completely enclosed, trash storage and collection facilities
7 shall be provided for automotive service stations on the site, at the rear on
8 interior lots or sites, and behind any portion of the principal building adjacent
9 to a street on corner lots or sites.
2030.4. Required Walls Adjacent to Residential Districts.
10 Where automotive service station lots or sites abut or adjoin residential
I I districts without an intervening street, but with or without an intervening
12 alley, a solid textured masonry wall at least six (6) feet in height shall be
13 provided, without through access, except that such wall shall not extend along
14 the edge of any required yard adjacent to a street.
SECTION 2031. DRIVE- IN ESTABLISHMENTS CAR WASHES.
15 No permit shall be issued for any drive-in bank, drive-in eating or
16 drinking establishment, drive-in theater, or other facilities where customers
17 are served in their automobiles, except automotive service stations, or any
18 car wash (except where such facility is accessory to an automotive service
19 station and does not involve arrangements for washing more than one car at a
20 time) except in accord with the following requirements and limitations.
2031.1. Conditions and Safeguards in Relation to Special Permits.
21 Where special permits are required in connection with such establish-
22 ments or facilities, or in connection with offstreet parking, in addition to
20-117
i requirements and limitations set forth below, left -turn movements for
2 entering or leaving such establishments or facilities may be prohibited or
3 hours for such movements limited$ merging lanes may be required adjacent to
4 entrances or exits$ and such other requirements or limitations may be
5 established as are reasonably necessary to assure safety of pedestrians and
6 motorists and to avoid inconvenience and traffic congestion.
2031.2. Requirements For Reservoir Spaces, ApRlXin2 General)-Z.
7 in -bound and outbound reservoir spaces (defined as spaces for autorno-
8 biles waiting for service or parking after clearing the right-of-way of the
9 street, and spaces for automobiles which have left service or parking areas
10 and are waiting to enter the right-of-way of the street) shall be provided at a
i I minimum as indicated below. All such spaces at these and other estab-
12 lishments requiring reservoir spaces shall be computed on the basis of a
13 minimum length of twenty two (22) feet and a minimum width of ten (10)
14 feet, exclusive of additional length or width required for necessary turning
15 and maneuvering:
11
16 (a) Drive-in bank: Six (6) spaces before each teller window, one space
17 after service space.
18 (b) Drive-in theater: Before the ticket service space, reservoir
19 spaces equal to twenty percent (20%) of the total capacity of the
20 theater. The inbound reservoir area shall not connect or conflict
21 in any way with existing driveways.
22 (c) Car Wash:
23 (1) Self-service: Three (3) spaces before each wash stall, one
24 space after each stall.
25 (2) Semi -automatic: Five (5) spaces before the beginning of
?6 each wash line, three (3) spaces after the end of each wash
27 1 ine.
M31
At�SrECTION 2034. COMMUNI'-Y_BAS-Fh R 5l. ENT AL. EA- QLl1'IE .
I Community based residential facilities) shall be subject to the following
2 zoning requirements and limitations. 0
2034.1. Communit �ased.Residential Faci__lit, ,_Defined.
3 A community based residential facility provides room with or without
4 board) resident services) and 74-hour supervision. Such a facility funcitons as
S single housekeeping unity and is licensed or approved by an authorized
6 regulatory agency. This category includes adult congregate living facilities;
7 residential facilities for alcohol and drug rehabilitation, for developmentally
8 disabled persons) for persons with mental health problems, and for dependent
9 children; and juvenile and adult residential correctional facilities, including
10 halfway houses.
2034.2. Procedures.
2034.2.1. Registration Required.
I I All existing and proposed community based residential facilities shall
12 register with the Department of Building and Zoning Inspections. Required
13 information for registration includes: -
14 I. the name of the sponsoring organization, if any.
15 2. the name of the faci I ity operator.
16 3. the street address of the facility.
17 4. the type of program to be offered by the facility.
18 .5. the maximum number of persons who will live at the facility.
19 6. the governmental authorization to operate the facility.
2034.2.1.1. Official Map and Registration File.
20 The Department of Building and Zoning Inspections shall provide and
21 maintain an official map that shows the location of all existing community
20-1 18.1 June 1982
base residential facilities; and a registration file.
2034.2.2► 5}�ec�_�___i'ai Except oneuired►
2 All proposed community based residential facilities are permissible only
3 by special exception subject to the following requirements and limitations:
2034.2.2.1, Loc�gt ipn Standards,
4 All proposed community based residential facilities shall be subject to
5 the following location standards:
6 I. A proposed community -based residential facility shall not be
7 located in any census tract where residents of existing communi-
8 ty-based residential facilities comprise 3% or more of that census
9 tract's current total population as estimated by the City of Miami
10 Planning Department.
II 2. A proposed community -based residential facility shall not be
12 located within a radius of 1825 feet of an existing community-
13 based residential facility. Measurement shall be made from the
14 nearest point of the site of the existing facility to the nearest
15 point of the site of the proposed facility.
2034.2.2.2. Recreation Open Space.
16 Recreation open space shall be provided in accord with the following
17 schedule:
18 1. 200 sq.ft. for each resident under 18 years of age.
19 2. 150 sq.ft. for each resident 18 years of age or older.
20 All such recreation space shall be appropriately landscaped and buffered
21 for the comfort, convenience and enjoyment of the residents with due
22 consideration for adjacent properties.
20-118.2 June 1982
2034.2.2.3. Yards for Edclities witLMare than 1= ift Occu"hts.
I The rear and interior side yards of Facilities with more than fifty (50)
2 occupants shall be screened with a solid textured wall, fence or compact
3 hedge with a minimum height of five feet.
2034.2.2.4. Offstreet ,Parking,
4 One offstreet parking space for each staff member and one offstreet
5 parking space for each four residnets shall be provided. A reduction in
6 required occupant offstreet parking shall be permissible provided findings are
7 made that clearly show such reduction is reasonable based on such factors as:
8 facility proximity to mass transit, location of occupant employment area,
9 occupant auto ownershiop, facility visitation policy, and the like.
2034.2.2.5. Limitations on Signs.
10 Signs shall be limited to a nameplate not exceeded two sq.ft. for each
II street frontage.
2034.3. Certificate of Use Not Transferable.
12 The approved Certificate of Use shall not be transferable if the facility
13 changes use or ownership.
20-118.3
June 1982
1 (3) Automatic drag -line: Eight (8) spaces before the beginning
2 of each wash liner silt (6) spaces after the end of each wash
3 line.
4 (d) Other drive-in facilities (including but not limited to food and
5 beverage sales and laundry and dry-cleaning pickup stations)i
6 Three (3) spaces before service position or area for parking, one
7 space after such position or area. The inbound reservoir area shall
s
8 not conflict with the outbound reservoir area.
SECTIONS 2032-2035, RESERVED.
SECTION 2036. CHILD CARE CENTERS.
9 Child care centers, if approved by appropriate regulatory agencies, shall
10 be subject to the following zoning requirements and limitations. -
2036.1. Access if within Residential District.
I I Within any RS-I, RS-2, or RG-I district, vehicular entrances to the
12 grounds of such establishments designed to accommodate ten (10) or more
13 children shall be within three hundred (300) feet of arterial streets by normal
14 vehicular routes. This limitation shall not apply in other zoning districts
15 where child care centers are permitted or permissible by special permit.
2036.2. Minimum Lot Dimensions.
2036.2.1. Child Care Centers for Less than Ten (10) Children in RS-1,
- , and - I Districts; In Other Districts.
16 Child care centers for less than ten (10) children may be established in
17 RS- I, RS-2, and RG- I districts on lots of the minimum size required for a
18 one -family detached dwelling in such districts. in other districts where child
19 care centers are permitted or permissible by special permit, no minimum lot
20 area is required, provided all other requirements for such centers are met.
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2036.2.2. Chi 1j,_2are Centers for Ten 10) or.More Children n__E,tj, RS-
an i_strictsl _ h ter _D_ istricts.
I Child care centers for ten (10) or more children shall be established in
2 RS-I, RS-20 and RG-I districts only on lots with minimum width of one
3 hundred (100) feet and a minimum area of ten thousand (10,000) square feet,
4 provided that for the purposes of these provisions, minimum lot width
5 requirements shall be considered to be met if the portion of the lot containing
6 the fenced play area required by Section 2036.4 below is at feast one hundred
7 (100) feet in width. This limitation shall not apply in other districts where
8 child care centers are permitted or are permissible by spcial permit.
2036.3. Location of Buildings in RS-1, RS-2, and RG-I Districts; in Other
ist[�riiccts.
9 Buildings containing child care centers in RS-I, RS-2, and RG-1
10 districts shall provide minimum side yards as required for one -family
I I detached dwellings in the district if designed for occupancy by less than ten
12 (10) children, and shall provide twenty (20) foot minimum side yards if
13 designed for occupancy by ten (10) or more children.
2036.4. Outdoor Play Area.
14 Child care centers shall provide a securely fenced outdoor play area
15 consisting of at least four hundred (400) square feet or seventy five (75)
16 square feet per child, whichever is greater. No such outdoor play area shall
17 be located in any required front yard. Where the edge of any such outdoor
18 play area is closer than thirty (30) feet to any side or rear lot line in an RS-I,
19 RS-2, or RG-I district, an intervening masonry wall or compact evergreen
20 hedge not less than five (5) feet in height shall be maintained along such edge.
21 This limitation shall not apply in other zoning districts where child care
22 centers are permitted or are permissible by special permit.
23 As an exception to this requirement, where child care centers are
20-120
I established as accessory uses in shopping centers or other commercial
2 establishments for short-term care of children of shoppers, no outdoor play
3 area need be provided. If provided, however, it shall conform to the fencing
4 and screening requirements set out above.
2036.5. Limitation of Location and Hours for Outdoor Play Activities.
5 All outdoor play activities on the premises shall be conducted within the
6 fenced play area, and if the fenced play area is within one hundred (100) feet
7 of an occupied residence on adjoining property, such activities shall be
8 limited to the hours between 8 a.m. and 6 p.m.
SECTION 2037. ADULT ENTERTAINMENT OR ADULT SERVICES.
2037.1. Intent.
9 It is intended to regulate adult entertainment or adult service
10 establishments, as herein defined, to minimize deleterious effects on the
I I neighborhood. Such deleterious effects may include depreciation of values of
12 nearby and adjacent properties, deterioration in appearance of the areas in
13 which they are located, production of a skid -row type of atmosphere,
14 discouragement of residential uses in the area, and creation of an erotically
IS suggestive atmosphere on public ways used by minors.
2037.2. Definitions.
16 The following terms are used in connection with the regulation of adult
17 entertainment or adult service establishments and are to be construed as set
18 out:
19 (a) Adult. An adult is person eighteen (18) years of age or older.
20 (b) Adult Entertainment or Adult Service Establishment. An adult
21 entertainment or adult service establishment is one which sells, rents, leases,
22 trades, barters, operates on commission or fee, purveys, displays, or offers
20-121
I only to or for adults products, goods of any nature, irnages, reproductions,
2 activities, opportunities for experiences or encounters, moving or still
3 pictures, entertainment, and/or amusement distinguished by purpose and
4 emphasis on matters depicting, describing, or relating by any means of
5 communication from one person to another to "specified sexual activities" or
6 "specified anatomical areas" as herein defined. An adult entertainment or
7 adult service establishment is not open to the public generally but only to one
8 or more classes of the public, excluding any person under eighteen (18) years
9 of age.
10 It is the intent of this definition that determination as to whether or not
I I a specific establishment or activity falls within the context of regulation
12 hereunder shall be based upon the activity therein conducted or proposed to
13 be conducted as set out above and in these regulations and shall not depend
14 upon the name or title of the establishment used or proposed. Thus, the
15 terms adult book store, adult massage parlor, adult motion picture theater,
16 adult private dancing, and adult escort service are encompassed within this
17 definition of adult entertainment or services, but the term adult entertain-
18 ment or adult services is not to be deemed limited by the enunciation of
19 specific activities listed before.
20 (c) Specified Anatomical Areas. Specified anatomical areas are
21 those areas of the human body, less than completely and opaquely covered,
22 which consist of (1) female genitals or pubic region, (2) male or female
23 buttocks, anus, anal cleft, or cleavage, (3) female breast below a point
24 immediately above the top of the areola, or (4) human male genitals in ❑
25 discernibly turgid state.
26 (d) Specified Sexual Activities. Specified sexual activities are those
27 activities which, when described, displayed, exhibited, simulated, or depicted
?8 by whatsoever rmediurn in an adult entertainment or service establishment (1)
20-122
I show the human genitals in a state of sexual stimulation or being aroused to a
2 state of sexual stimulation, (2) show acts of human masturbation, human
3 sexual intercourse, or sodomy; or sexual acts between humans and animals; (3)
4 show one human being fondling or touching erotically the genitals, public
5 area, buttock, anus, or female breast of another human being.
2037.3. Limitations on Adult Entertainment or Adult Service Establish-
ments.
6 No adult entertainment or adult service establishment shall be
7 (a) Established within a distance of one thousand (1000) feet of any
8 other adult entertainment or adult service establishment. This distance shall
9 be measured from the front door of the proposed adult establishment to the
10 front door of the nearest existing such establishment along the route of
I I ordinary pedestrian travel.
12 (b) Located within five hundred (500) feet of any residentially zoned
13 property; the determination of whether or not property is residentially zoned
14 shall be as set out in Article 4 of this zoning ordinance. The distance shall be
15 measured along the straight line drawn from the nearest exterior door of the
16 proposed adult establishment to the closest property line of the residentially
17 zoned property. Where property in the City of Miami borders upon property
18 of another City or Dade County, the term "residentially zoned property" shall
19 be those zoning districts designated as residentially zoned by the terms of the
20 zoning ordinance of the external jurisdiction.
21 (c) Approved for a certificate of use unless the application therefor is
22 accompanied by a survey certified by a land surveyor registered in the State
23 of Florida showing that the requirements of (a) and (b) above have been met.
2037.4. Discontinuance or Abandonment.
24 Once an adult entertainment or adult service establishment use is
20-123
discontinued of abandoned$ the use shall not thereafter be resumed unless and
until all of the requiret-nents of this Section 2011 have been met.
20-124
ARTICLE 21, NONCONFORMiTIES
2101. Intent; General Definition
2101.1. Nonconformities Created by Ordinance Adoption or Amendment
2101.2, Nonconformities Created by Public Taking or Court Order
2101.3. Intent Concerning Nonconformities Generally
2101.4. Intent Concerning Nonconforming Uses Specifically Declared to
be incompatible With Permitted Uses
2101.5. Changes in Plans, Construction, or Use not Required Where
Actual Construction is Begun Prior to Effective Date of Ordi-
nonce or Amendment
2101.6. Lawful Actions Initiated Priory to Adoption or Amendment of
Ordinance and Completed Within Any Time Limits Established to
Be Construed as Establishing Nonconforming Status
2101.7. Special Permit Uses Not to be Deemed Nonconforming
2102. Nonconforming Lots
2102.1. Use of Single Nonconforming Lots for One -Family Detached
Dwellings in Districts Permitting One -Family Detached Dwell-
ings
2102.1.1. Modification of District Yard and Lot Coverage Require-
ments by Class C Special Permit; Limitations
2102.1.2. Further Modification of District Yard and Lot Coverage
Requirements by Special Exception Only
2102.2. Rules Concerning Combinations of Contiguous Lots in the Some
Ownership and with Common Frontage
2102.2.1. Combinations Required Where Nonconformity was Created
at time of Passage or Amendment of Ordinance; Exceptions
2102.2.1.1. Exception; Eighty Percent (80%) Rule Applicable Where
Three Lots or Less are Involved; Reduction in Side Yard
Requirements by Class A Special Permit
2102.2.1.2. Rule for Other Combinations of Lots
2102.2.2. Combination Not Required Where Nonconformity was Creat-
ed by Public Taking or Court Order
2102.2.3. Prohibition Against Private Creation of Other Lots Below
Width and Area Requirements for District
2103. Nonconforming Uses of Lands or Water (or Land with Minor Struc-
tures Only)
2103.1. Prohibition of Enlargement, increase, Intensification, Alteration
2103.2. Movement Generally Prohibited; Special Exception
2103.3. Discontinuance
2103.4. Subdivision or Structural Addition
2104. Nonconforming Uses of Major Structures, or of Structures and
Premises in Combination
2104.1. Enlargement, Extension, Alteration, Replacement, Etc., of
Structure
2104.2. Extension of Use in Building Manifestly Designed for Such Use
2104.3. Nonconforming Use Outside Buildings; Special Exception for
Movement
2104.4, Reserved
2104.5. Changes in Nonconforming Uses
2104.6. Discontinuance
2104.7. Subdivision or Structural Additions
2104.8. Destruction of Major Structure or Structures
2104.9. Special Exception for Replacement or Reconstruction of De-
strayed Major Structures Containing Nonconforming Uses
2104,10. Required Termination of Certain Nonconforming Uses in Major
Structures or Buildings
2104,10.1. Nonconforming Uses in Residential Districts Involving Major
Buildings Designed for a Permitted Use
2105. Special Exceptions Authorizing Structural Alteration, Enlargement,
Replacement, Etc., of Major Structures Occupied by Nonconforming
Uses Found Likely to Continue Indefinitely
2105.1. intent
2105.2. Special Exception Authorized
2105.3. Materials to be Submitted With Application
2105.4. Limitations on Extension or Expansion
2105.5. Screening and Buffering
2105.6. Access, Parking, and Service Areas
2105.7. Signs, Lighting of Premises
2105.8. Hours and Conditions of Operation
2105.9. Findings Required
2106. Nonconforming Structures
2106.1. Structural Change, Extension, or Expansion
2106.2. Damage
2106.3. Moving
2107. Nonconforming Characteristics of Use
2107.1. Changes in Nonconforming Characteristics of Use
2107.2. Signs
2107.2.1. Removal in Residential Districts
2107.2.2. Removal in Other Districts
2108. Repairs and Maintenance
2109. Nonconforming Structures Unsafe Because of Lack of Maintenance
2110. Nonconforming Structures Unsafe for Reasons Other than Lack of
Maintenance
21 1 1. Casual, Temporary, or Illegal Use Does Not Establish Nonconforming
Status
2112. Certificate of Use Required
AR ICLE_21s NONCONEOI.MIfilE5
SEC7I,ON_2101_. INTENT; GENERAL„ DEFIN IT124.
2101.1. Nonconfarmitios Created b . C7rdinnnco. Ado, ton or Amendmont.
I Within districts established by this ordinance or later amendments,
2 there exist.-
3 (a) lots;
4 (b) uses of lands or waters, without structures or with only minor
5 structures; i�-
6 (c) uses of major structures, or of major structures and premises in
7 combination;
8 (d) structures; and
9 (e) characteristics of use,
10 which were lawful before passage or amendment of this ordinance, but which
11 would be prohibited, regulated, or restricted under the terms of this
12 ordinance or its future amendment. These are defined, for the purpose of this
13 zoning ordinance, as nonconforming.
2101.2. Nonconformities Created by Public Taking or Court Order.
14 The term nonconforming shall also be construed to apply where lawful
15 public taking has the effect of creating what would be violations of zoning
16 regulations currently in effect if actions were taken privately, or where such
17 actions are pursuant to the order of a court of competent jurisdiction. Thus
18 where such action reduces a yard below the minimum required in relation to a —
19 structure, the portion of the structure extending into such yard shall be
20 construed to be nonconforming; and where such action reduces previously
21 provided offstreet parking or loading space below requirements, the use
22 affected shall be construed to have nonconforming characteristics, rather _
23 than deemed to be in violation of the regulations.
21-1
rJ
2101.3. Intent Concernin Noncanforrr�ities:Genrall,
I It is the intent of this Zoning Ordinance to require removal or cessation
2 of certain of these nonconformities, and to permit others to continue subject
3 to the terms of this Zoning Ordinance until they are otherwise removed, or
4 cease, but not to encourage their survival. It is further the intent of this
5 Zoning Ordinance that nonconformities shall not be used as grounds for adding
6 other structures or uses prohibited elsewhere in the same district, nor shall
7 nonconformities be enlarged upon, extended, or expanded except as provided
8 herein.
9 Nothing herein contained shall be construed as prohibiting change in
10 tenancy, ownership, or management of a nonconforming lot, use, or structure,
I I provided such change is otherwise lawful.
2101.4. Intent Concerninq Nonconformin Uses SpecificalIX Declared to
be Incompatible With PermittedUses.
12 Nonconforming uses are declared by this Zoning Ordinance to be
13 incompatible with permitted uses in the districts involved. Nonconforming
14 uses of land or water, structures, or land or water and structures in
15 combination shall not be extended or enlarged after passage of this Zoning
16 Ordinance by addition of other uses of a nature generally prohibited in the
17 district involved, or by attachment on a structure or premises of signs
18 intended to be seen from off the premises.
2101.5. Chanqes in Plans, Construction,or Use not Required Where Actual
,Construction is Begun Prior to Effective Date of Ordinance or
Amendment.
19 To avoid undue hardship, nothing in this Zoning Ordinance shall be
20 deemed to require a change in the plans, construction, or designated use of
21 any building on which construction was lawfully begun prior to the effective
22 date of adoption or amendment of this Zoning Ordinance, and upon which
23 actual building construction has been carried on without interruption (except
21-2
I for just cause). Actual construction is defined at Section 3405.1.24
2101.6.
2 Where building permits or certificates of occupancy have been issued
3 under a previous ordinance, or prior to amendment of this Ordinance, and
4 construction has not been completed or occupancy actually begun, any
5 building or structure completed or occupancy established under the conditions
6 and time limitations set forth at Section 3405 shall be construed to have non-
7 conforming status to the extent that it was lawful under prior regulations but
8 would not be permitted under newly -established regulations.
2101.7. Special Permit Uses Not to be Deemed Nonconforming.
9 Any use in lawful existence at the time of passage or amendment of this
10 Zoning Ordinance which would thereafter require a special permit under its
I I terms shall without further action be deemed a conforming use (except as
12 provided at Section 2104.5); but any enlargement or replacement of such use,
13 in buildings, or on land, shall require a special permit as though it were a new
14 use.
SECTION 2102. NONCONFORMING LOTS.
2102.1. Use of Single Nonconforming Lots for One-FamiI4 Detached
wellinas in Districts PermittinqOne- amily Detached 5—weTr—ings.
15 On any separate, nonconforming, lot not in continuous frontage with —
16 other lots in the same ownership (except as provided at Section 2102.2.2,
17 below) a one-farnily detached dwelling and custornary accessory buildings may
18 be erected, expanded, or altered regardless of district requirements for lot
19 area and/or width, but in accord with other requirements and limitations
20 except as set forth below, provided that such use is otherwise permitted in
21 the district. —
21-3
2102.1.1. Modification :of District.Yard_and Lot,Covera e Re uirements 11
ass C oec►alPermit: Limitations.
I By Class C special permits on single nonconforming lots, district yard
2 dimension requirements may be reduced, and lot coverage limitations
3 increased, by amounts up to but not exceeding twenty five percent (25%),
4 upon findings that such modifications are the least which are reasonably
5 necessary to pert -nit use of the lot in a manner equivalent to use of
6 conforming lots for one -family detached dwellings and customary accessory
7 buildings. Where appropriate to the particular circumstances, conditions
8 attached to such permits may require increases in dimensions of certain yards
9 to compensate for reductions in others, or require maintenance of the general
10 lot coverage limitation but permit modification of yard requirements.
2102.1.2. Further Modification of District Yard and Lot Coverage Require
ments by Special Exception Only.
I I Modification of yard and lot coverage requirements on single noncon-
12 forming lots in amounts exceeding twenty five percent (25%) shall be
13 permissible only by special exception, subject to the same findings and
14 conditions as specified above.
2102.2. Rules Concernina Combinations of Contiguous Lots in the Same
Ownership and with Common Frontage.
2102.2.1. Combinations Required Where Nonconformity was Created at
time of Passage or Amendment of Ordinance; Exceptions.
15 If two (2) or more lots or combinations of lots and portions of lots with
16 continuous frontage in the same ownership exist at the time of passage or
17 amendment of this Zoning Ordinance, and if all or part of the lots do not
18 meet the requirements for lot width and area, the lands involved shall be
19 considered an undivided parcel for the purposes of these regulations, and no
20 portion of such parcel shall be used or sold in a manner diminishing com-
21 pliance with general district requirements on lot width and area except as
21-4
followst
2102.2►1.1
I Where the land in common frontage in the same ownership is of
2 sufficient width and area to provide at least eighty percent (80%) of the
3 width and area required for three (3) lots or less in the district, it may be
4 used and/or divided to provide not to exceed three (3) lots, each with bt least
5 eighty percent (80%) of the minimum width and area generally required by
6 district regulations.
7 Side yard requirements applying generally within the district may be
8 reduced for side yards toward the interior of such parcels by Class A special
9 permit, by amounts up to but not exceeding twenty five percent (25%), upon
10 finding that such modification is the least which is reasonably necessary to
I I permit use of the lot in a manner equivalent to uses on fully conforming lots
12 in the some district, but no such reduction shall be made where the side yard
13 requirement is related to window exposures, as provided at Section 2013.
14 Side yard requirements toward the exterior of such parcels shall not be
15 reduced by variance or otherwise.
2102.2.1.2. Rule for Other Combinations of Lots.
16 Where the land in common frontage in the some ownership is of greater
17 width and area than provided at Section 2102.2.1.1, above, the land, if
18 divided, shall be divided to provide lots conforming to the requirements for
19 the district, except that in the division one remaining lot may be created
20 having not less than eighty percent (80%) of the width and area generally
21 required, or an equivalent reduction may be distributed among all or part of
22 the lots so created. In such cases, full district yard requirements shall apply
a 23 on all of the lots.
21-5
2102.2.2. Combinatiaii Not_ Re uired.,Whore Nohc2nf0rMj,t was Cteated
Public Takina or Court Order*
I Where nonconforming lots are created by public taking or court order,
2 as described at Section 2005.3 (b) and (c), combinations of the kind indicated
3 above at Section 2102.2.1 shall not be required.
2102.2.3. Prohibition Against Private, Creation -of. Other Lots Below Width
and Area- Requirements for District.
4 Other than as provided above, lots hereafter privately created shall be
5 of minimum width and area required for the district in which they are
6 located. No lot or parcel or portion thereof shall be used or sold in a manner
7 diminishing compliance with lot width and area requirements for the district.
SECTION 2103. NONCONFORMING USES OF LANDS OR WATERS (OR
LAND WITH MINOR STRUCTURES ONLY).
8
9
10
II
12
13
14
15
16
17
18
19
20
21
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 replace-
ment cost exceeding two thousand dollars ($2,000) and no combination of
permanently -fixed structures with a combined replacement cost exceeding
five thousand dollars ($5,000), the use may be continued for a period of not
more than two (2) years after the effective date of this zoning ordinance or
amendment thereto creating nonconforming status, so long as it remains
otherwise lawful, and all evidence of such prior use shall be removed at the
end of the two (2) year period.
Prior to required termination of nonconforming uses of land or waters,
or land with minor structures only, as herein set out, the following limitations
shall apply:
2103.1. Prohibition of Enlargement, Increase, Intensification, Alteration.
21-6
F]
I No such nonconforming use shall be enlarged, intensified) increased) or
2 extended to occupy a greater area of land or water than was occupied at the
3 time the nonconforming use was created.
4
5
6
7
8
9
L
15
16
17
18
2103.2, Movement GeneraHy- P rob tbi ted S ecial Exce t ion.
No such 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 the non-
conforming status was created; provided) however, 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, that
such movement would create substantial public advantages.
2103.3. 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 ninety (90) days, or a total of one hundred eighty (180) days in any one
year period, any subsequent use shall conform to the regulations for the
district in which the use is located.
2103.4. Subdivision or Structural Addition.
No land in nonconforming use shall be subdivided, nor shall any struc-
ture be added on such land, except for purposes and in a manner conforming
to the regulations of the district in which such land is located; provided,
however, that subdivision may be made which does not increase the degree of
19 nonconformity of the use.
SECTION 2104. NONCONFORMING USES OF MAJOR STRUCTURES OR
OF STRUCTURES AND PREMISET=OMBINATION.
20 Where, at the effective date of adoption or amendment of this zoning
21 ordinance, lawful use of structures, or of structures and premises in
22 combination, exists (which would not be permitted under the regulations
A
21-7
I imposed) and where such use involves an individual, petrrldMently-fixed
2 structure with a replacement cost exceeding two thousand dollars ($2)000) or
3 a combination of permanently -fixed structures with a replacement cost
4 exceeding five thousand dollars ($5,000), such use may be continued so long as
5 it remains otherwise lawful provided:
2104.1. Enlarqement, Extension, Alteration, Replacement, Etc., of Struc-
ture.
6 Except as provided in Section 2105 below, or as otherwise specifically
7 provided, an existing structure devoted to a use not permitted by this Zoning
8 Ordinance in the district in which it is located shall not be enlarged,
9 extended, constructed, reconstructed, replaced, structurally altered, or
10 moved except in changing the use of the structure to a use permitted in the
I I district in which it is located or is to be located.
2104.2. Extension of Use in Building Manifestly Designed for Such Use,
12 Any nonconforming use may be extended throughout any parts of a
13 building which were manifestly arranged or designed for such use at the
14 effective date of adoption or amendment of this Zoning Ordinance. Any
15 nonconforming use which occupied a portion of a building not originally
16 designed or intended for such use shall not be extended to any other part of
17 the building. No nonconforming use shall be extended to occupy any
18 additional building on the same lot or parcel, not used for such nonconforming
s
19 use at the effective date of adoption or amendment of this Zoning Ordinance.
2104.3. Nonconforming Use Outside Buildin�pecial Exception for
Movement. _
20 On premises of buildings in nonconforming use, and outside such
21 buildings, no nonconforming use shall be enlarged, increased, or extended to
22 occupy more area than was occupied at the time such use became _
23 nonconforming. No such exterior nonconforming use shall be moved in whole
MM
I or in part to any portion of the lot or parcel other than that occupied at the
2 time such use became nonconforming, provided, however, that the Zoning
3 Board may by special exception allow such movement upon a finding that
4 because of the new location, buffering or screening to be supplied, or other
5 reasons, such movement would create substantial public advantages. Not-
6 withstanding the other provisions of these regulations concerning special
7 exceptions, in this class of cases occupancy of the new location shall be
8 construed as remaining nonconforming.
2104.4. Reserved
2104.5. Changes in Nonconforming Uses.
9 Changes in nonconforming uses of major structures, or of major struc-
10 tures and uses in combination, shall be permitted as follows:
I I (a) To any use conforming to the regulations of the district in which
12 located or
13 (b) To any use permitted in any district preceding the district in
14 which such use is first permitted in the Schedule of District Regulations,
15 subject to the requirements and regulations concerning such use in that
16 district; provided, however, that no nonconforming non-residential use shall
17 be changed to a residential use in any district in which similar residential uses
18 are not permitted.
19 In addition, the director of the Department of Planning may, by Class C
20 special permit, allow the change of a nonconforming use to any use permitted
21 in the district in which the nonconforming use first appears as a permitted
22 use in the Schedule of District Regulations, with determinations in such
23 cases, including a finding by the director that such change with such
24 conditions and safeguards as may be applied in the special permit action,
25 would result in substantial public advantage. Notwithstanding other provi-
M
I sions of these regulations concerning special permits, in this class of cases
2 the use allowed shall be construed as remaining nonconforming and the
3 provisions of Section 2101.7 shall apply.
4 Notwithstanding the provisions above, no nonconforming use may be
S changed if the relation of the structure to surrounding property is such that
6 adverse effects on such property would be greater than if the nonconforming
7 use continued.
8 Once a nonconforming use has been changed, no change shall be made
9 thereafter reverting to the original nonconforming use.
2104.6. Discontinuance.
10 If any such nonconforming use of a major structure, or major structure
I I and premises in combination, is discontinued for any reason (except where
12 governmental action impedes access to the premises) for a period of more
13 than one hundred eighty (180) consecutive days or for a total of three hundred
14 sixty five (365) days during any three-year period, any subsequent use shall
IS conform to the regulations for the district in which the use is located.
2104.7. Subdivision or Structural Additions.
16 Premises of major structures (having values as set out in Section 2104
17 above), where such major structures are used for nonconforming purposes as
18 of the effective date or amendment of this Zoning Ordinance, shall not be
19 subdivided, nor shall any structures be added on the premises, except for
20 purposes and in a manner conforming to the regulations for the district in
21 which such premises are located.
2104.8. Destruction of Major Structure or Structures.
22 Where nonconforming use status applies to a major structure or struc-
23
tures, or
to
a major structure
or structures
and premises in
combination,
24
removal
or
destruction of the
structure or
structures shall
eliminate the
21-10
I nonconforming status of the land except as set out in Section 2104.9.
2 "Destruction" of the structure for purposes of this subsection is defined as
3 damage to an extent of fifty percent (50%) or more of the replacement cost
l4 at the time of destruction.
5 Where damage is less than fifty percent (50%) of replacement cost, such
6 structures may be restored to the some or lesser size and in the same
7 location, provided however that restoration shall begin within six (6) months
8 of domage and be diligently carried to completion, and nonconforming use
9 may be resumed and continued as before, or on a lesser scale, but shall not be
10 enlarged or intensified, Unless restoration is so initiated and completed, the
I I use shall terminate and not be resumed.
2104.9. Necial Exce tion for Re lacement or Reconstruction of Destro -
ajor tr ictures ontaining onconforining Uses.
12
Where a major structure or structures containing a nonconforming use is
13
destroyed to an extent of fifty percent (50%) or more of replacement cost at
14
time of destruction, by explosion, fire, act of God, or the public enemy, the
15
Zoning Board may, as a special exception, allow its replacement or
16
reconstruction in whole or in part upon making all of the following findings:
17
(a) That the cause of destruction was not the deliberate action of the
18
owner or occupant of the structure or their agents; and
19
(b) That nothing contained in the provisions of Section 2104.10,
20
below, required termination of such nonconforming use; and
21
(c) That the Board finds substantial public advantage in continuance
22
of the nonconforming use; and
23
(d) That the primary purpose of continuing the nonconforming use is
24
not to continue an econornic monopoly; and
25
(e) That replacement or reconstruction in the manner proposed, with
MW 26
related actions imposed in conditions and safeguards by the Board, would
►4.
I reduce any previous adverse effects of the use on neighboring ptopetties.
2104,10, Required _Termihation.__of Certain., Rloncr�nforming.lJses,,,, n,Mdj
0
2104.10.1. NoncorifOrM,ing Uses in. Residential D_istricts.,InvolYin Mgjc�r
ui ings esigne or_a ermlltte ase.
2 In all residential districts, all nonconforming uses of port or all of major
3 buildings (as defined in Section 2104 above), which buildings were originally
4 designed and intended for any use which is permitted in the residential
5 district in which the building is located, shall be terminated or made to
6 conform with the regulations of the district in which the building is located
7 within five (5) years from the date such use became nonconforming under this
8 Zoning Ordinance.
• !MGM I
• ! . • s r
m�9�i�i1 22116111111V MINACSZXOT►i9HEI7 -:@II (AIM901IMMrk�
2105.1. Intent.
9 Although the general intent of this Article set out in Section 2101 not
10 to encourage survival or to permit expansion of nonconformities is hereby
I I reaffirmed, where indefinite continuation of nonconforming uses in major
12 permanent, fixed structures with replacement costs as set out in Section 2104
13 above seems assured, it is hereby found to be adverse to the general public
14 interest to require that such uses remain in obsolescent, decrepit, or mis-
15 located buildings, or to prohibit enclosure of existing outdoor sales, service,
16 or storage operations.
2105.2. Special Exception Authorized.
17 In furtherance of the intent of Section 2105.1 above, the Zoning Board
18 may, by special exception, permit structural alteration, enlargement,
19 replacement, moving on the some lot, or reconstruction of such major
21-12
I structures containing nonConforming uses found likely to Continue indefi=
2 Wifely, subject to the requirements and procedures applying to specitml
3 exceptions, generally and with the special requirements, 111 mitations, and
4 considerations set out herein. —
5 No such special exception shall be Issued in locations and for classes of
6 cases where termination of nonconforming uses is required by this Zoning
7 Ordinance.
2105.3. Materials to be Submitted With Application.
8 In addition to and consistent with the general requirements for appli-
9 cations for special exceptions set out in Article 26, applications for special =
10 exceptions under this Section 2105 shall be accompanied by site and building =
I I plans; landscape plans; photographs of the property and surrounding praper-
12 ties; evidence of continued nonconforming use and status; extent of present
13 outdoor sales, service, or storage operations (if any); and such other materials
14 as may be appropriate in the circumstances of the case.
2105.4. Limitations on Extension or Expansion.
15 The floor area shall not be increased by more than twenty five percent
16 (25%) of that existing at the time the use became nonconforming. No floor
17 area increase shall be permitted which will have the effect of intensifying the
18 nonconforming use by increasing traffic, number of customers or employees,
19 noise, glare, or other means. In the case of nonconforming automotive
20 service stations seeking to utilize this Section, no floor area increase for the
21 building involved shall be permitted which would allow total floor area of the
22 principal building to exceed two thousand (2,000) feet.
2105.5. Screening and Buffering.
23 Where the lot adjoins or abuts a lot in a residential district, or with an
24 intervening alley (but not with a intervening street), a solid textured masonry
21-13
I wall not less than six (6) nor more than eight (8) feet in height, or approved
2 vegetative screening, shall be provided and maintained in good condition and
3 appearance, except that such required screening shall not be located in
4 required yards adjacent to the street or where it would interfere with and
5 constitute a safety hazard to visibility at intersections of traffic ways.
2105.6. Access, Parking, and Service Areas.
6 Before any special exception is granted under this Section, the Zoning
7 Board shall seek the advice and recommendation of appropriate City depart-
8 ments or officers concerning the adequacy of design, scale, location, relation
9 to the public safety, and improvement of existing access, parking, and service
10 areas. The Zoning Board shall require correction of any such deficiencies it
I I finds to be of substantial significance as a condition to the granting of the
12 special exception.
2105.7. Signs, Lighting of Premises.
13 Where special exceptions are granted under this Section, limitations,
14 and conditions appropriate to the nature of the surrounding area shall be
15 placed on the number, size, character, and location of signs and the nature of
16 lighting of signs and premises. Such limitations and conditions may, as
17 appropriate, require removal, redesign, and/or relocation of existing signs and
18 lighting.
2105.8. Hours and Conditions of Operation.
19 As a part of the conditions and safeguards for granting special
20 exceptions under this Section, the Zoning Board may establish such
21 limitations on hours and conditions of operation as it finds to be reasonably
22 necessary to protect the safety, security, comfort, and tranquility of the
23 area, and particularly of nearby residential uses.
21-14
21d5+�, Fir�dint]s 1�etiuit�d,
I No special exception shall be granted under this Section except upon
2 findings by the Zoning Board that the nonconforming use is likely to Continue —
3 indefinitely, and that the actions proposed in the application as submitted,
4 and with the conditions and safeguards attached and agreed to and accepted
5 by the applicant, would result in substantial reduction of existing adverse
6 effects on surrounding properties and/or other substantial public advantage.
SECTION 2106. NONCONFORMING STRUCTURES,
7 Where a nonconforming building or structure, or nonconforming portion
8 of a building or structure, exists, such nonconforming building or structure or
9 part thereof may be continued so long as it remains otherwise lawful, subject
10 to the following provisions. Nonconforming structures shall be construed as
I I including those where the nonconformity was created by ordinance adoption
0 12 or amendment, as provided at Section 2101.1, as well as those where
13 nonconformity was created by public taking or court order, as provided at
14 Section 2101.2. The element of use is not a factor in determing structural
15 nonconformity. Thus a structure in nonconforming use is not to be construed
16 as a nonconforming structure if otherwise lawful under district regulations
17 concerning lot dimensions, lot coverage, height, yards, location on the lot,
18 floor area ratio, or requirements other than those applying to use.
2106.1. Structural Chan22, Extension, or Expansion.
19 No such building or structure, or portion thereof, which is nonconform-
20 ing shall be enlarged, extended, or altered in any way which increases its non-
21 conformity; but it may be enlarged, extended, or altered if the degree of its
22 nonconformity remains the some or is decreased.
2106.2. Doma e.
23 Should a nonconforming building or structure or portion thereof, non-
21-I5
I conforming under this Section, be destroyed to an extent of more than fifty
2 percent (50%) of its replacement cost at the time such damage or destruction
3 occurs, it shall not thereafter be reconstructed except in conformity with the —
4 provisions of this Zoning Ordinance, provided, however, that if reconstruction
5 is essential to the reasonable conforming use of the building or structure, the
■
6 Zoning Board may, by Class D special permit, allow reconstruction to the
7 extent reasonably necessary to allow such reasonable conforming use,
8 Should a nonconforming building or structure or portion thereof, non-
9 conforming under this Section, be destroyed to an extent of fifty
10 percent (50%) or less of its replacement value at the time such destruction or
I I damage occurs, then such structure may be reconstructed or repaired;
12 provided such reconstruction or repair shall be started within a period of six
13 (6) months of the date of destruction; and provided, further, that if
14 reconstruction or repair is not begun within the six (6) months period, the
15 building or structure shall not be constructed or repaired except in
16 conformity with this Zoning Ordinance.
2106.3. Moving.
17 A nonconforming building or structure may be moved on its own lot only
18 under a Class D special permit, as set out in Article 23 of this Zoning
19 Ordinance. Such permit shall be issued only upon a finding by the Zoning
20 Board that the proposed movement reduces the degree of nonconformity to
21 the maximum extent reasonably feasible, or eliminates such nonconformity;
22 but the building or structure shall in no case be moved on its own lot in such a
23 manner as to increase the degree of nonconformity. Where a nonconforming
24 building or structure is moved off its lot, it shall thereafter conform to the
25 regulations for the district in which it is located after it is moved.
SECTION 2107. NONCONFORMING CHARACTERISTICS OF USE.
21-16
i Where nonconforming characteristics of use exist, such as signs, off-
2 street parking and loading, lighting, landscaping, or similar matters, such
3 nonconforming characteristics of use may continue except as provided below.
4 Nonconforming characteristics of use shall be construed as including
5 those where the nonconformity was created by ordinance adoption or
6 amendment, as provided at Section 2101.1, as well as those where
7 nonconformity was created by public taking or court order, as provided at
8 Section 2101.2.
2107.I. Changes in Nonconforming Characteristics of Use.
9 No change shall be made in any nonconforming characteristics of use
10 which increase nonconformity with applicable current regulations but changes
I I may be made which result in the same or a lesser degree of nonconformity.
2107.2. Signs.
12 The following provisions shall apply to signs as a nonconforming
13 characteristic of use:
2107.2.1. Removal in Residential Districts.
14 In all residential districts, nonconforming signs shall be removed within
15 one year of the effective date of this Ordinance or its amendment, or within
16 that period such signs shall be made to conform; provided, however, that
►7 nonconforming non-residential uses in residential districts shall be permitted
18 to erect or maintain signs as provided in regulations for the first district in
19 which such use would be conforming.
2107.2.2. Removal in Other Districts.
20 In any district other than residential, any sign, billboard, or commercial
21 advertising structure which constitutes a nonconforming characteristic of use
22 may be continued, provided no structural alterations are made thereto,
21-17
I subject to the following limitations an such continuance:
2 (a) Any such sign except a roof=sign shall be completely removed
3 from the premises within five (5) years from the date it became nonconform-
4 ing, unless the nonconformity is solely with regard to manner of illumination,
5 in which case the nonconformity shall be corrected or the sign removed
6 within two (2) years.
7 (b) Article XXIV, section I, subsection 7 (a), and Article XXVIII,
8 section 3, subsection 3 (a), of the prior City of Miami Zoning Ordinance,
9 Ordinance No. 6871, as amended, the same being provisions dealing with roof w
10 signs and requiring their termination and removal from the premises on which
I I they are located not later than twelve (12) years following the date they
12 became nonconforming, shall continue to be operative and given full force
13 and effect. All legal proceedings begun and all legal proceedings that might
14 have been begun under these provisions of Ordinance No. 6871, as amended,
15 prior to the repeal of Ordinance No. 6871, as amended, shall be given full
16 force and effect as though Ordinance No. 6871, as amended, had not been
17 repealed.
SECTION 2108. REPAIRS AND MAINTENANCE.
18 On any nonconforming building or structure, or nonconforming portion
19 of a building or structure, and or any building or structure containing a non-
20 conforming use, work may be done in any period of twelve (12) consecutive
21 months on ordinary repairs, or on repair or replacement of non -bearing walls
22 (or of bearing walls where necessary for structural safety), fixtures, wiring,
23 or plumbing to an extent not exceeding twenty percent (20%) of the
24 replacement valuation of the building or structure (or of the portion of a
25 building or structure if a nonconforming portion is involved).
lb
1
2
3
4
5
6
7
8
Sr=CIUN . I I)9. NONCONFORMING 5RUG UR5.,. UNSAFE BECAUSE OF
LACK OF 4
If a nonconforming building or structure' or nonconforming portion of a
building or structure, or any building or structure containing a nonconforming
use becomes physical unsafe or unlawful due to lack of repairs or
maintenance, and is declared by the duly authorized official of the City of
Miami to be unsafe or unlawful by reason of physical condition due to lack of
repairs or maintenance, it shall not thereafter be restored, repaired, or
rebuilt except in conformity with the regulations of the district in which it is
located.
SECTION 2110. NONCONFORMING STRUCTURES UNSAFE FOR REASONS
If a nonconforming structure or building, or a nonconforming portion of
a building or structure, or any building or structure containing a nonconform-
ing use becomes physically unsafe or unlawful for reasons other than lack of
repairs or maintenance, nothing contained herein shall be deemed to prevent
the strengthening or restoring to a safe condition of such building or structure
or part thereof declared to be physically unsafe or unlawful by the authorized
official of the City of Miami charged with protecting the public safety;
provided, however, that where such unsafeness or unlawfulness is the result of
damage by destruction, provisions concerning limitations on reconstruction
shall apply.
SECTION 21 1 I. CASUAL TEMPORARY OR ILLEGAL USE DOES NOT
ES FABLISH NONCONFORMING STU.
19 The casual, temporary, or illegal use of land or structures, or land or
20 structures in combination, shall not be sufficient to establish the existence of
21 a nonconforming use or to create rights in the continuance of such use.
21-19
5.Lgt1.ON_2..112, C�fTiICAE OF t�f�tCUItU►
A certificate of use is required for nonconforming uses, as set out in
2 Sectioh 3403.4,
21-20
ARTICLE 22, FUNCTIONS AND RESPONSIBILITIES OF CrOMMISSON,
OFFICERSo AND BOARDS IN RELATION TO ZONING
GENERALLY
2200. Interpretation and Enforcement
2201. Duties of City Commission
2202. Duties of Planning Advisory Board
2203. Duties of Zoning Board
2204, Duties of the director of the Deportment of Planning
ARTICLE 22.
SECTION 2200. INTERS !3ET61I2N ANb ENrORCEMENT
I
0
Except where this zoning ordinance specifically in its terms places �-
2
responsibility in other officers or agencies, it is the intent of this Zoning
3
Ordinance that questions of interpretation and enforcement shall first be =
4
presented to the Zoning Administrator, that such questions shall be presented
5
to the Zoning Board only on appeal from the decision of the Zoning
6
Administrator, and that further review in such matters shall be as set out in
7
Articles 30 and 32 of this Zoning Ordinance.
SECTION 2201. DUTIES OF CITY COMMISSION.
8
Under this Zoning Ordinance, the City Commission shall have only the
9
duties of (1) considering and adopting or rejecting proposed amendments to or
10
the repeal of this Zoning Ordinance; (2) establishing and amending a schedule
I I
of fees and charges for the various actions involved in the zoning process; (3)
12 approving, approving with appropriate conditions or safeguards, or denying
13 major land use special permits; (4) reviewing, upon request, decisions of the
14 Zoning Board when serving in an appellate capacity on decisions of the Zoning
15 Administrator or director of the Department of Planning; and (5) reviewing,
16 upon request, decisions of the Zoning Board on Class D special permits,
17 variances, and special exceptions.
SECTION 2202. DUTIES OF PLANNING ADVISORY BOARD.
18 Under this Zoning Ordinance, the Planning Advisory Board shall have
19 only the duties of (1) serving as an advisory instrument to the City
20 Commission in hearing and making recommendations for those types of
21 amendments to this Zoning Ordinance set out as being within Board
22 jurisdiction by Article 35; and (2) serving as an instrument of advice and
22-1
I recommendation on toning matters that may referred to it by the City
2 Commission or other officer or agency as set out in this zoning ordinance.
SECTION 2203. DUTIES OF ZONING BOARD.
3 Under this Zoning Ordinance) the Zoning Board shall have only the
4 duties of (1) serving as an instrument of review of decisions of the Zoning
5 Administrator in matters of interpretation or enforcement or in connection
6 with the issuance of Class A or Class B special permits; (2) serving as an
7 instrument of review of decisions of the director of the Department of
8 Planning in connection with the issuance of Class C special permits on
9 matters of interpretation or other decision making specifically placed in his
10 hands by l•lie terms of this Zoning Ordinance; (3) granting, granting with
I I conditions and safeguards, or denying Class D special permits and special
12 exceptions; (4) granting, granting with conditions and safeguards, or denying
13 petitions for variance to the terms of this Zoning Ordinance; and (5) making
14 recommendations to the City Commission on those proposed amendments to
15 this Zoning Ordinance placed within the jurisdiction of the Zoning Board by
16 Article 35 of this Zoning Ordinance.
SECTION 2204. DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF
PLANNING
17 Under this Zoning Ordinance, the director of the Department of
18 Planning shall have the duties of (1) serving as an instrument of advice and
19 recommendation on zoning matters to the Planning Advisory Board, the
20 Zoning Board, the City Commission, and other offices or agencies of the City;
21 (2) granting, granting with conditions and safeguards, or denying applications
22 for Class C special permits; (3) deciding matters of interpretation
23 specifically consigned to his responsibility by the terms of this Zoning
24 Ordinance; and (4) preparing and submitting reports required under the terms
25 of this Zoning Ordinance.
22-2
ARTICLE 23. SPECIAL PERMITS: GENERALLY
2300.
Intent) Generally
2301.
Classes of Special Permits; Intent; Agent) Agency) or Body Respon-
sible for Each; Referrals
2301.1.
Class A Special Permit; Intent; Administered by Zoning Adminl-
strator; Referrals Permitted but Not Mandatory
2301.1.1.
Administration by Zoning Administrator
2301.2.
Class B Special Permits; Intent; Administered by Zoning Admini-
strator; Mandatory Referrals
2301.2.1.
Administration by Zoning Administrator
2301.3.
Class C Special Permits; Intent; Determinations by director of
Department of Planning; Referrals
2301.4,
Class D Special Permits and Special Exceptions
230144.1.
Intent; Distinction between Class D Special Permit and
Special Exception
2301.4.2.
Class D Special Permits and Special Exceptions; Determina-
tions by Zoning Board; Referrals
2301.5,
Major Use Special Permits; Intent; Determinations by City
Commission; Referrals
2301.6.
Variance Not Special Perinit
2302.
Relation of Special Permits to Building Permits or Certificates of
Use; To Initiation or Maintenance of Use or Occupancy
2303.
Special Permits to be Issued or Denied in Accordance with Proce-
dures, Standards, and Requirements of this Ordinance
2303.1.
Action to be Taken Within Time Limits Specified
2304.
Applications for Special Permits, Generally
2304.1.
Applications for Special Permits, When Filed, Who May File
2304.2.
Application Forms; Supplementary Materials
2304.2.1.
Application Forms: Materials that may be Required
2304.2.2.
Application Forms: Completion before Processing
2304.2.3.
Application Forms: Supplementary Materials
2305.
Considerations Generally; Standards; Findings and Determinations
Required
2305. I.
Ingress and Egress
2305.2.
Offstreet Parking and Loading
2305.3.
Refuse and Service Areas
2305.4.
Signs and Lighting
2305.5.
Utilities
2305.6.
Drainage
2305.7.
Control of Potentially Adverse Effects Generally
2306.
Conditions and Safeguards
2306.1.
Failure to Comply with Conditions and Safeguards to be Deemed
Violation of Ordinance
2307.
Notice and Hearing Generally; Availability fo Recommendations;
Records
2307.1.
Information on which Decision is Based to be Public and Avail-
able to Applicant
2307.2.
Required Record of Formal Hearings, Informal Conferences
2308.
Actions Following Decisions on Special Permits
2308.1.
Notification of Applicant in Cases of Approval
2308.2.
Notification of Applicant in Cases of Denial
2308.3.
Notification of Affected Agencies or Officials Concerning
Approval; Actions Following Such Notification
2308i4. Notification of Affected Agencies or Officials Concerning
Denials
2309. Permits Apply to Property, Not Person
2310. Withdrawal of Application for Certain Classes of Permits', Effect of
Withdrawal
2511. Appeals from Decisions on Special Permits
231 1.1. Review of Decisions for Class A, R, or C Special hermits
2311.26 Review of Decisions for Class D Special hermits and Special
Exceptions
2311.3. Review of Decisions for Major Use Special Permits
y r s
Af��`ICLE ��. 5PEtriAL.p�I�MI�'5:.��N�f�AL.L. _
SECTIQN_2300. INJLIJfi,3CEN R�ALL.Y.
I In addition to toning procedures and requirements relating generally to
2 issuance of building permits and certificates of use, a special permit system _
3 is hereby established. It is intended that this system shall assure special
4 examination) review, and findings by appropriate agents, agencies, or bodies
5 of the City in connection with proposed actions particularly specified in this
6 Zoning Ordinance.
7 Special permit procedures and requirements as set out herein are
8 intended to apply in relation to use, occupancy) location, construction, design,
9 character, scale, manner of operation, or the necessity for making complex or -
10 unusual determinations; also to assure consideration of the particular
I I circumstances of each case and the establishment of such conditions and
12 safeguards as are reasonably necessary for protection of the public interest
13 generally, and protection of adjacent properties, the neighborhood, and the
14 City as a whole.
15 In establishing this special permit systern, it is intended to increase
16 efficiency and reduce time required for processing applications by relating
17 administrative responsibilities and procedural requirements to the degree of
18 complexity and potential impact of the matters being considered.
19 A special permit is a grant of authority under the terms of this Zoning
20 Ordinance from and by a designated agent, officer, or body of the City to an
21 applicant for the use of property in the manner set out in the grant of special
22 permit. Uses or occupancies requiring special permits, and the type of
23 special permit required in each instance, are set out in the Official Schedule
24 of District Regulations or elsewhere in this Zoning Ordinance.
SECTION 2301. CLASSES OF SPECIAL PERMITS• INTENT- AGENT AGEN-
CY OR BODY RESPONSIBLEA ; R A
23-1
I Six classes of special permits are hereby established) ranging from those
2 dealing with uses, occupancies, and activities of a temporary nature or likely
3 to have small but potentially adverse impacts on adjacent and nearby
4 properties to those with substantial effects on neighborhoods and/or the City.
5 Procedures, requirements, and determinations range accordingly from
6 simple to complex. Formal public notice and hearing is not required on
7 temporary activities, determinations concerning relatively minor matters,
8 matters affecting limited areas, or technical determinations. Formal public
9 notice and hearing is required where actions proposed in applications are
10 likely to have substantial area -wide or City-wide significance.
I I Classes of special permits, their intent, and the agent, agency, or body _
12 responsible for each, and referrals are as follows:
2301.1. Class A S ecial Permits• intent; Administered by Zoning Admini-
nitted but Not MandatorX.
13 It is intended that Class A special permits be required in relation to
14 certain terporary uses and occupancies and/or where specified uses or char-
i5 acteristics of use are likely to have adverse effects on immediately adjacent
It properties unless specially controlled.
2301.1.1. Administration by Zoning Administrator.
17 The Zoning Administrator shall be solely responsible for the administra-
18 tion and processing of applications for Class A special permits, and for deter-
IU minations thereon. (See Article 24.)
20 The Zoning Administrator may make such referrals to other officers or
21 departments for recommendation as he deems appropriate in the particular
22 case, but such referrals shall not be binding upon the Zoning Administrator in
23 making decisions or determinations.
23-2
2301.26
I
It is intended that Class B special permits be required where specified
—
2
uses or characteristics of use are of a nature requiring mandatory technical
{
3
determinations or reviews to establish ' ' special conditions and safeguards. In
4
general, such determinations and reviews will normally be by agencies or
5
officers other than the Department of Planning, and may involve matters
—
6
such as design for traffic, parking and loading facilities, health and
7
environmental considerations, and legal determinations.
2301.2.1. ' Administration by Zoning Administrator.
8
the Zoning Administrator shall be responsible for the administration
9
and processing of applications for Class B special permits, and for deter-
10
minations thereon. Decisions of the Zoning Administrator regarding Class B
II
special permits shall be affected and limited by reports received on
12
mandatory referrals as provided in Section 2402. (See Article 24.)
2301.3. Class C Special Permits• Intent• Determinations by Director of
epartment at lanning; Keterrals.
13
It is intended that Class C special permits be required where specified
14
uses and/or occupancies involve substantial technical issues relating to
15
planning policy.
16
The director of the Department of Planning shall be solely responsible
17
for consideration of applications for Class C special permits.
18
The director shall make such referrals to other officers or departments
_
19
as are required by regulations relating to the particular special permit and
20
may make other referrals deemed necessary by him before arriving at his
21
decision. (See Article 25.)
2301.4. Class D Special Permits and Special Exceptions.
23-3
2301.4,1.
I
I Within the City generally, or within certain zoning districts, certain
2 structures, uses, and/or occupancies specified in this ordinance are of a
3 nature requiring special and intensive review to determine whether or not
4 they should be permitted in specific locations, and if so, the special
5 iimilations, conditions, and safeguards which should be applied as reasonably
6 necessary to promote the general purposes of this Zoning Ordinance, and, in
7 particular, to protect adjoining properties and the neighborhood from
8 avoidable potentially adverse effects. It is further intended that the
9 expertise and judgment of the Zoning Board be exercised in making such
10 determinations, in accordance with the rules, considerations, and limitations
I I relating to Class D special permits and special exceptions. (See Article 26.)
12 Formal public notice and hearing is not mandatory for Class D special
13 permits, but is mandatory for special exceptions. In other respects, these
14 classes of special permits are the same.
2301.4.2. Class D Se2cial Permits and Special Exceptions; Determinations
Y Zoninq oard: Referrals.
15 The Zoning Board shall be solely responsible for determinations on
16 applications for Class D special permits and special exceptions. All applica-
17 tions in these classes of special permits shall be referred to the director of
18 the Department of Planning for his recommendations and the director shall
19 make any further referrals required by these regulations.
2301.5. Maior Use Special Permits; Intent; Determinations by Cit
Commission• meterrais.
20 It is intended that major use special permits be required where specified
21 uses and/or occupancies involve matters deemed to be of city-wide or area-
22 wide importance.
23 The City Commission shall be solely responsible for determinations on
23-4
r
I applications for major use special permits. (See Article 28.)
2 The City Commission shall refer all dpplicdtions for major use special
3 permits to the Planning Advisory Board and to the director of the Department
4 of Planning for recommendations, and may make referrals to other agencies,
5 bodies, or officers, either through the Department of Planning or directly, for
6 review, analysis) and/or technical findings and determinations and reports
7 thereon.
2301.6. Variance Not Special Permit.
8 A variance granted under Article 31 of this Zoning Ordinance is not to
9 be considered as a special permit and the requirements herein set out for
10 special permits shall not govern the procedures or standards for grant of
I I variance; procedures and standards for grant of variance shall be as set out in
12 Article 31 of this Zoning Ordinance.
13
14
15
16
17
18
19
20
21
22
SECTION 2302. RELATION OF SPECIAL PERMITS TO BUILDING PERMITS
Where building permits or certificates of use are required by this Zoning
Ordinance or other codes or ordinances of the City, no such building permit or
certificate of use shall be issued where this Ordinance requires special
permits unless and until any and all special permits required have been
obtained. Where uses or occupancies do not require building permits or
certificates of use, but are otherwise subject to requirements of this Zoning
Ordinance, no such use or occupancy shall be initiated or maintained unless
and until any and all special permits required herein in relation thereto have
been obtained.
SECTION 2303. SPECIAL PERM
a.r.�a:16M :01
UtVIRC1YICIV 1 J VI 11 11.E v1 w1114r,"
Special permits relating to this zoning ordinance shall be required only
23-5
I where specific provision therefor is made by this Zoning Ordinance. No
2 application for a special permit shall be accepted or approved unless specific
3 provision for the particular special permit appears in this Zoning Ordinance.
4 Special permits in relation to Toning shall be issued or denied only in
5 accordance with the procedures, standards, and requirements of this Zoning
6 Ordinance. Where applications for special permits demonstrate that general
7 and special standards and requirements for such special permits are met, the
8 agent, agency, or body of the City herein made responsible for the grant of
9 such special permit shall issue such permit, subject to conditions and
10 safeguards required in the particular circumstances of the case and as author-
I I ized and limited at Section 2306, Conditions and Safeguards, below.
12 Where applications for special permits indicate that actions proposed
13 therein, or the manner in which they are proposed to be conducted, do not
14 meet the standards and requirements of this Ordinance, and could not prac-
15 tically and reasonably be made to do so by attachment of conditions and
16 safeguards so authorized and limited, such applications and permits shall be
17 denied.
2303.1. Action to be Taken Within Time Limits Specified.
18 Unless applications be withdrawn or applicants agree to time exten-
19 sions, actions on special permits shall be taken within time limits specified in
20 this Zoning Ordinance, provided, time limitations set out herein involving —
21 actions by the Zoning Board or the City Commission shall not be applicable
22 during the thirty one (31) days of August.
SECTION 2304. APPLICATIONS FOR SPECIAL PERMITS, GENERALLY.
2304.1. Applications for Special Permits; When Filed; Who May File.
23 Except when specifically set out otherwise in this Zoning Ordinance,
24 applications for special permits shall be filed with administrative officials
23-6
i designated by the City Manager and such designees are charged with responsi-
bility for their receipt, fee collection, processing, and/or distribution.
3 For special permits affecting a property, applications may be filed only
4 by the property owner, his formally designated agent, or a lessee with formal —
5 and legally sufficient consent of the property owner, and applications may be
6 made only for special permits specifically authorized and/or required by this
7 Zoning Ordinance generally, or for the district involved,
2304.2. Application Forms; Supplementary Materials,
8 Applications for special permits shall be made on forms provided for the
9 purpose, and shall be accompanied by such plans, reports, or other infor-
10 mation, exhibits, or documents as may be reasonably required to make the
I I necessary findings in the case.
2304.2.1. Application Forms: Materials that may be Required.
Is 12 Where applicable to the activity or development for which special
13 permit is requested and where necessary to decision on the application for
14 special permit, any of the following elements may be required:
15 (a) Statements of ownership and control of the proposed development
16 or activity.
17 (b) Statement describing in detail the character and intended use of
18 the development or activity.
19 (c) General location map, showing relation of the site or activity for
20 which special permit is sought to major streets, schools, existing utilities,
21 shopping areas, important physical features in and adjoining the project or
22 activity and the like.
23 (d) A site plan containing the title of the project and the names of
24 the project planner and developer, date, and north arrow and, based on an
25 exact survey of the property drawn to a scale of sufficient size to show (1)
23-7
I boundaries of the project, any existing streets, buildings, wafter courses,
2 easements, and section lines; (2) exact location of all buildings and structures;
3 (3) access and traffic flow and how vehicular traffic will be separated from
4 pedestrian and other types of traffic; (4) offstreet parking and offstreet
5 loading areas; (5) recreation facilities locations; (6) all screens and buffers;
6 (7) refuse collection areas; and (8) access to utilities and points of utilities
7 hookups,
8 (e) Tabulations of total gross acreage in the project and the
9 percentages thereof proposed to be devoted to (1) the various permitted uses;
10 and (2) ground coverage by structures.
II (f) Tablulation showing (1) the derivation of numbers of offstreet
12 parking and offstreet loading spaces shown in (d) above; and (2) total project
13 density in dwelling units per acre.
14 (g) If common facilities (such as recreation areas or structures,
15 private streets, common open space, etc.) are to be provided for the develop-
16 ment, statements as to how such common facilities are to be provided and
17 permanently maintained. Such statements may take the form of proposed
18 deed restrictions, deeds of trust, home owners associations, surety arrange-
19 ments, or other legal instruments providing adequate guarantees to the City
20 that such common facilities will not become a future liability for the City.
21 (h) Storm drainage and sanitary sewage plans.
22 (i) Architectural definitions for buildings in the development; exact _
23 number of dwelling units, sizes, and types, together with typical floor plans of
24 each type. •
25 (j) Plans for signs, if any.
26 (k) Landscaping plan, including types, sizes and locations of vegeta-
27 tion and decorative shrubbery, and showing provisions for irrigation and
28 future maintenance.
23-8 -
1 (1) plans for recreation facilities, If any, including ioadtion and
2 general description of buildings for such use.
3 H Such additional data, maps, plans, or statements as may be re-
4 quired for the particular use or activity involved,
5 (n) Such additional data as the applicant may believe is pertinent to
6 the proper consideration of the site and development plan,
7 Items (c), (d), (k), and (i) above shall be prepared by a registered sur-
8 veyor, engineer, or architect or practicing land planner as may be appropriate
9 to the particular item.
2.304,2.2. implication Forms: Completion before Processing.
10 For purposes of establishing time limitations on processing, no appli-
I I cation shall be deemed to have been filed unless and until the applications
12 shall have been completed; all plans, reports or other information, exhibits, or —
13 documents required by this Zoning Ordinance or administrative rules adopted
14 pursuant hereto shall have been provided; and all fees due at time of filing
15 shall have been paid.
2304.2.3. Application Forms: Supplementary Materials.
16 During processing of any application, if it is determined by the
17 designated agent, agency, or body of the City, that in the particular
18 circumstances of the case additional information is required to make
19 necessary findings bearing on its approval, denial, or conditions and
20 safeguards to be attached, such information may be requested. Failure to
21 supply such supplementary information may be used as grounds for denial of
22 the permit.
SECTION 2305. CONSIDERATIONS GENERALLY• STANDARDS• FINDINGS
AND DETERMNAMONS REQUIRED.
23 As appropriate to the nature of the special permit involved and the
23-9
I particular circumstances of the cake, the following considerations and Stan-
2 dards shall apply generally, in addition to any other standards and require-
3 merits set forth concerning the class or kind of permit being considered. City
4 agents, agencies, or boards Charged with decisions concerning special permits
5 shall make, or cause to be made, findings and determinations concerning such
6 of the following matters as are applicable in the case, shall reflect such
7 considerations and standards specifically in the record, and shall be guided by
8 such considerations and standards in their decisions as to issuance of permits,
9 with or without conditions and safeguards, or denial of applications.
2305.1. Ingress and Egress.
10 Due consideration shall be given to adequacy of ingress and egress to —
I I the property and structure and uses thereon, with particular reference to
12 automotive and pedestrian safety and convenience, traffic flow and control, —
13 and access in case of fire or other emergency.
2305.2. Offstreet Parking and Loading.
14 Due consideration shall be given to offstreet parking and loading
15 facilities as related to adjacent streets, with particular reference to
16 automotive and pedestrian safety and convenience, internal traffic flow and
17 control, arrangement in relation to access in case of fire or other emergency,
18 and screening and landscaping.
2305.3. Refuse and Service Areas.
19 Due consideration shall be given to the location, scale, design, and
e
20 screening of refuse and service areas; to the manner in which refuse is to be
21 stored; and to the manner and timing of refuse collection and deliveries,
22 shipments, or other service activities, as such matters relate to the location
23 and nature of uses on adjoining properties and to the location and character
24 of adjoining public ways.
23-10
2305.4. Signs. and Lighting,
I Due consideration shall be given to the number) size) character,
2 location, and orientation of proposed signs) and of proposed lighting for signs
3 and premises) with particular reference to traffic safety, glare) and =
4 compatibility and harmony with adjoining and nearby property and the
5 character of the area.
2305.5. Utilities.
6 Due consideration shall be given to utilities required, with particular
7 reference to availability and capacity of systems, location of connections,
8 and potentially adverse appearance or other adverse effects on adjoining and
9 nearby property and the character of the area.
2305.6. Drainage. _
10 Due consideration shall be given to provision for drainage, with _
11 particular reference to effect on adjoining and nearby properties and on
12 general drainage systems in the area. Where major drainage volumes appear
13 likely and capacity of available systems is found marginal or inadequate,
14 consideration shall be given to possibilities for recharge of ground water
15 supply on the property, temporary retention with gradual discharge, or other
16 remedial measures.
2305.7. Control of Potential IZ Adverse Effects Generally.
17 In addition to consideration of detailed elements indicated above, as
18 appropriate to the particular class or kind of special permit and the
19 circumstances of the particular case, due consideration shall be given to
20 potentially adverse effects generally on adjoining and nearby properties, the
21 area, the neighborhood, or the City, of the use or occupancy as proposed, or
22 its location, construction, design, character, scale or manner of operation.
23 Where such potentially adverse effects are found, consideration shall be given
23-11
I to special remedial measures appropriate In the pdrticular circumstances of
2 the Case, including screening or buffering, landscaping, control of manner or
3 hours of operation, alteration of proposed design or construction of buildings,
4 relocation of proposed open space or alteration of. use of such space, or such
5 other measures as are required to assure that such potential adverse effects
6 will be eliminated or minimized to the maximum extent reasonably feasible,
7 and that the use or occupancy will be compatible and harmonious with other
8 development in the area to a degree which will avoid substantial depreciation
9 of the value of nearby property.
SECTION 2306. CONDITIONS AND SAFEGUARDS.
10 The agent, agency, or body of the City designated by this Zoning Ordi-
I I nance as having responsibility for issuance or denial of each of the classes of
12 special permits set out in this Article 23 shall have authority to attach to the
13 grant of any such special permit such conditions and safeguards as may be
14 necessary for the purposes of this Zoning Ordinance in the particular case.
15 Such conditions and safeguards, if attached to grant of special permit,
16 shall be based upon and consistent with considerations and standards appli-
17 cable to the class or kind of special permit involved as set out in Section
18 2305, Considerations Generally; Findings and Determinations Required, and in
19 other provisions relating to the particular class or kind of permit. The
20 requirement for any such conditions or safeguards shall be supported by
21 stated reusons therefor, based upon such considerations and standards, and no
22 such condition or safeguard shall establish special limitations and/or
23 requirements beyond those reasonably necessary for the accomplishment of
24 the purpose for which attached.
2306.1. Failure to Comely with Conditions and Safe uards to be Deemed
Violation of Ordinance.
23-12
I Failure to comply with conditions and safeguards, when attached to
2 grant of special permit, shall be deemed a violation of this zoning ordinance.
SECTION 2307. NOTICE AND HEARING GENERALLY,,,. AV61LABILITY OF
RMOMMM_
N.
3 It is the intent of this Zoning Ordinance that, in the administration of
4 special permits, requirements of notice and hearing, whether formal or
5 informal, shall be observed as herein set out. The requirements for notice
6 and hearing herein set out, whether formal or informal, for the several types
7 of special permits are designed to insure fairness and expedition in the ad-
8 ministrative process and to protect the public interest. It is further the
9
intent of this Zoning Ordinance that requirements herein set out for notice
10 and hearing, whether formal and informal, for the several types of special
11 permits are to be deemed sufficient for meeting the standards of due process
12 for the specific permit for which application is made.
2307.1. Information on which Decision is Based to be Public and Available
to Applicant. - --
13 Each agent, agency, or body of the City responsible for decision on
14 special permits shall afford to the applicant full information on which the
15 decision of the agent, agency, or body of the City is based; and full oppor-
16 tunity shall be given to the applicant, prior to reaching final adverse or
17 conditional decision, to provide additional information of a rebuttal nature.
18 All information on which the decision of the agent, agency, or body of the
19 City is based shall be considered public in character.
2307.2. Required Record of Formal Hearings, Informal Conferences.
20 Records shall be maintained of any formal or informal hearing or con-
21 ference in connection with special permits, and the same shall be a public
ARL
22 record. Such records shall include, but not be limited to, all material basic to
23 decisions, supporting conditions, and safeguards, if any, attached to special
23-13
I permits, and to any agreements established in relation thereto, or to any
2 disagreements and reasons therefor. On payment of any costs involved in
3 reproduction) copies of all or portions of such records shall be made available
4 to applicants and other interested parties on request.
SECTION 2308. ACTIONS FOLLOWING DECISIONS ON SPECIAL, PERMITS,
5 Following decisions on special permits, the following actions shall be
6 taken promptly: K-
2308.1. Notification of Applicant in Cases of Approval.
7 Where special permits are approved, with or without conditions and
8 safeguards, a copy shall be transmitted to the applicant.
2308.2. Notification of Applicant in Cases of Denial.
9 Where special permits are denied, applicants shall be so informed in
10 writing, with a summary of the reasons therefor and notice that complete
I I records on the case are available in a location specified, and are public
l?_ records.
2308.3. Notification of Affected Agencies or Officials Concerning Appro-
val; Actions FollowinEEuch-Notification. -'
13 Where special permits are approved, with or without conditions and
14 safeguards, affected agencies or officials shall be informed, by copy of the =
15 permit, including any conditions and safeguards attached thereto.
16 As appropriate to the circumstances of the case, upon such notification,
17 such agencies or officials shall proceed to decide concerning any building
18 permit, occupancy permit, or other action dependent upon issuance of the
19 special permit, without further action by the applicant therefor, and/or shall
20 make such entries or records as are necessary for efficient performance of
21 their duties with regard to administration, inspection, or enforcement in the
22 case.
5, ,
23-14
2308.4+ N tificcititst� of Affected A end s or. Officials Cor�cernin Dew
I Where special permits are denied, agencies or officials in procedures or
2 actions dependent upon issuance of such permits shall be notified of such
3 denial, and shall be governed accordingly with regard to such pending pro-
4 cedures or actions and records in relation thereto.
SECTION 2309. PERMITS APPLY TO PROPERTY NOT PERSON.
S When granted, a special permit under any of the classes of special
6 permits set out in Section 2301 above, together with any conditions or safe-
7 guards attached thereto, shall apply to the land, structure, or use for which it
8 was issued, and shall be binding upon heirs and assigns, unless abrogated or
9 altered in the manner set forth in this Ordinance.
SECTION 2310. WITHDRAWAL OF APPLICATION FOR CERTAIN CLASSES
PERMITS:OF I L.
10 An application for a Class A, B, C, or D special permit may be
I I withdrawn by the applicant at any time prior to decision without limitation on
12 resubmittal. An application for a special exception or a major use special
13 permit may be withdrawn at any time, but if withdrawn after the public
14 hearing has been convened at which it was to be considered, substantially the
15 same application shall not be considered within twelve (12) months of
16 withdrawal.
SECTION 2311. APPEALS FROM DECISIONS ON SPECIAL PERMITS.
17 Any person or persons, jointly or severally, aggrieved by the decision of
18 any agent, agency, or body of the City in granting, granting with conditions or
19 safeguards, or denying a special permit, or any officer, department, board,
20 commission, or bureau of the City, may seek review of such decision in the
21 manner set out in this Ordinance and the applicable laws of Florida for the
22 permit involved.
23-15
I It is the intent of this Zoning Ordinance that there shall be a right to
2 review of the decision of the agent, agency, or body of the City responsible
3 by the terms of this Zoning Ordinance for making such decision, in the
4 manner set out by this Zoning Ordinance for the particular permit involved
5 and as provided by the applicable laws of Florida.
231 I.I. Review of Decisions for Class A B or C S ecial Permits.
6 ' Review of decisions made for Class A, B, or C special permits shall be
7 by appeal to the Zoning Board in the manner set out in Articles 30 and 32 of
8 this Zoning Ordinance.
2311.2. Review of Decisions for Class D Special Permits and Special
9 Review of decisions made by the Zoning Board for Class D special
10 permits or special exceptions shall be in the manner set out in Article 32 of
I I this Zoning Ordinance.
2311.3. Review of Decisions for Major Use Special Permits.
12 Review of decisions made by the City Commission for major use special
13 permits shall be in the manner set out in Article 32 of this Zoning Ordinance.
23-16
ARTICLE 24. CLASS A AND CLASS B SPECIAL PERMITS. -
DETAILED REQUIREMENTS
2400. Regulations Applying
2401. Class A and B Special Permits-, Informal Notice and Hearing-, Time
Limitations; Referrals; Conferences
2401.1. No Formal Public Notice or Hearing
2401.2. Class A Special Permits; Notification Concerning Intended
Decisions, Time Limits with no Referrals
2401-3. Class B Special Permits; Mandatory Referrals-, Class A or Class B
Special Permits, Optional Referrals; Time Limits on Returns
2401.4. Class A and Class B Special Permits; Notification Concerning
Intended Decisions; Time Limits When Referrals are Made
2401.5. Request by Applicant for Conference; Time Limitation; Appli-
cant to have Access to Record
2401-6. Zoning Administrator to Arrange Conference, Secure Atten-
dance; Conference to be Convened; Effect of Failure to Appear
2401-7. Decision of Zoning Administrator; Time Limitations; Further
Action on Permits
2402. Mandatory Referrals
2402.1. Reports Required fro►n Other Officials or Departments
2402.2. Effect of Required Reports on Issuance or Denial of Class B
Special Permits; on Attachment of Conditions and Safeguards
2403-49. Reserved
2450. Appeals
SECTION 2400. REGULATION5 APPLYING,
I Issuance, issuance with conditions and safeguards attached, or denial of
2 Class A or Class B special permits, is governed by regulations applying to
3 special permits generally as set out in Article 23, regulations applying to
4 particular uses or occupancies appearing in the Official Schedule of District
5 Regulations, regulations applying to particular uses and occupancies that may
6 be set out elsewhere in this Zoning Ordinance, and regulations set out in this
7 Article.
SECTION 2401. CLASS A AND B SPECIAL PERMITS: INFORMAL NOTICE
LIMITATIONS;AND HEARING; TIME _
2401.1. No Formal Public Notice or Hearing.
8 No formal public notice and hearing is required in connection with Class
9 A or B special permit procedures.
2401.2. Class A S ecial Permits; Notification Concerning Intended
ecisions;Time Limits with no Referrals.
10 Unless a longer period is specified by mutual consent in writing and for
I I good cause shown between the applicant for Class A special permit and the
12 Zoning Administrator, the Zoning Administrator shall notify the applicant
13 within ten (10) working days of the receipt of the application for Class A
14 special permit of intended disposition of the application and the reasons
15 therefor. Such notice may be in writing, or may be given orally to the appli-
16 cant. Where the Zoning Administrator finds it necessary to refer the applica-
1 7 tion to other officers, agencies, or departments in order to reach decision, he
18 shall immediately notify the applicant of such referral and inform the
19 applicant that the time limitations of Section 2401.4 will apply.
24-1
401.3. Classit B 5 cic l_.I �rmits Mandator . Qeferrpls• CIass.A or Class 8
pecial Permitst_9ptippa a _erra s,. imp_ it -nits on Returns.
Within five (5) working days of receipt of applications for Class B
special permits in the office, the Zoning Administrator shall make the
3 referrals to other officers, agencies, or departments required by this Zoning
4 Ordinance. Where the Zoning Administrator finds it necessary on Class A
5 special permit applications to make referrals to other officers, agents, or
6 departments, or where the Administrator finds it necessary on Class B special
7 permit applications to make referrals in addition to those required by this
8 Zoning Ordinance, such referrals shall be made with a note in writing to the
9 applicant for the reasons for such referrals, and the some shall be a part of
10 the permanent record in the case.
I I Reviews, analyses, and/or technical findings requested by such referrals
12 shall be returned to the Zoning Administrator within ten (10) working days of
i3 the reference, unless the applicant and the Zoning Administrator shall
14 mutually agree to a time extension in writing and for good cause shown; in
15 which case the extension and its length shall be noted on the referral.
2401.4. Class A and Class B S cial Permits: Notification Concernin
Intended ecisions; Time Limits When Referrals are Made.
16 Where referrals are made, the Zoning Administrator shall notify the
17 applicant in writing of the intended decision and the reasons therefor within
18 fifteen (15) working days of the receipt of the application for Class A or
19 Class B special permit in the office, unless a longer period is specified by
20 mutual consent in writing and for good cause shown by the applicant and the
21 Zoning Administrator, but in no event shall such notification of intended
22 decision be made before the reports, analyses, and/or technical findings
23 required by this Zoning Ordinance of the referenced officers, agencies, or
24 departments have been received by the Zoning Administrator.
24-2
i1
24015.
i
I Within five (5) working days of receipt of such notification, under
2 Section 2401.2 or 2401.4 as the case may be, the applicant may request a
3 conference between the applicant and/or the applicant's agent and the Zoning
4 Administrator and such representatives of the referenced officers, agencies,
S or departments as the applicant desires, for the purpose of presenting 1
6 additional facts, argument, information, or data in support of the applicant's
7 position.
8 Prior to such conference, the applicant shall be given full opportunity to
9 examine all reports submitted on referrals in the case, as provided at Section
10 2307.1, Information on which Decision is based to be Public and Available to
I I Applicant.
2401.6. Zoning Administrator to Arran e Conference Secure Attendance;
Conference to be Convened;ect of Failure to Appear.
12 Upon request for such a conference, the Zoning Administrator shall be
13 responsible for securing attendance of representatives of those referenced
14 officers, agencies, or departments indicated by the applicant, and for setting
15 a mutually agreeable time for such conference.
16 The conference shall be convened at the time and place set, unless
17 postponed or moved by mutual agreement.
18 If any of the designated representatives fail to appear, the Zoning
19 Administrator shall enter such fact in the record on the case and proceed,
20 with any other designated representatives present, to hear the applicant,
21 unless the applicant requests a postponement. If no request for postponement
22 is made or if the applicant elects to proceed, the Zoning Administrator shall
23 note the fact for the record and make the record otherwise required for
24 discussion with the absence of the official constituting possible basis for
25 reaching final decision.
24-3
I If the applicant fails to appear, the Zoning Administrator shall enter
2 such fact in the record on the case, and may either arrange Another
3 conference if the Zoning Administrator finds adequate cause for the absence,
4 or proceed to make his decision as though the conference had been held.
2401.7. Decision of Zoning Administrator; _rime Limitations: Furt
5 Within five (5) working days after such conference, or if no conference
6 is requested, within seven (7) working days after notification of intended
7 decision, unless a longer period is specified by mutual consent in writing and
8 for good cause shown between the applicant and the Zoning Administrator,
9 the Zoning Administrator shall reach a decision, and shall notify the applicant
10 of such decision, with reasons therefor, and proceed as set forth at Section
11 2308, Actions Following Decisions on Special Permits.
SECTION 2402. MANDATORY REFERRALS.
2402.1. Reports Required from other Officials or Departments.
12 Regulations set out in this Zoning Ordinance, or administratively
13 adopted pursuant to it and in accordance with its terms and purposes, require
14 referral of the application for a Class B special permit and related materials,
15 or appropriate parts thereof, to other officials or departments for review,
16 analysis, and/or technical findings and determinations and reports thereon,
17 relating to their fields of specialization. The Zoning Administrator shall
18 make such referrals as are thus required, and no Class B special permit shall
19 be granted without all reports required in the particular case. Effect of such
20 reports upon the final decision of the zoning administrator is governed by
21 Section 2402.2.
2402.2. Effect of Required Re its on Issuance or Denial of Class B
Special Permits;_ n Attachment of Conditions and Safeguards.
24-4
aft I Where a report based on required review, analysis, and/or technical
2 determination indicates that granting the special permit in accord with the
3 application, with or without conditions and safeguards, would be contrary to
4 the terms, requirements, or purposes of this Ordinance, the Zoning Admini-
5 strator shall deny the application.
6 Where such report indicates that the application is in conformity with
7 the terms, requirements, and purposes of this Ordinance, or that specified
8 conditions and safeguards, if attached, would result in such conformity, the
9 Zoning Administrator may grant the special permit, but shall include any
10 conditions and safeguards specified. It is expressly provided, however, that
I I favorable reports from any or all of the official or departments to which
12 mandatory referrals are made shall not require issuance of a Class B special
13 permit if the Zoning Administrator determines that there remains just and
14 adequate cause for denial based on other required standards not being met.
SECTIONS 2403-2449. RESERVED.
SECTION 2450. APPEALS.
15 Any person or persons, jointly or severally, or any board, agency, or
16 officer of the City aggrieved by a decision of the Zoning Administrator on an
17 application for Class A or Class B special permit may seek review of such
18 decision by the Zoning Board in the manner set out in Article 30 of this
19 Zoning Ordinance and the applicable laws of Florida.
24-5
ARTICLE 25, CLASS C SPECIAL PERMITS.- DETAILED REQUIREMENTS
2500. Regulations Applying
2501, Informal Notice and Hearing
2502, Referrals; Time Limitations
2503. Time Limitations; Conferences; Notification of Decision
2503.1. Notification Concerning Intended Decisions; Time Limitations
2503.1,1. Notifications Concerning intended Decisions, Time Limits
with no Referrals
2503.1.2. Notification Concerning Intended Decision, Time Limits
with Referrals
2503.2. Request by Applicant for Conference- Time Limitations; Appli-
cant to have Access to Record
2503.3. Director of Department of Planning to Arrange Conference.,
Secure Attendance; Conference to be Convened; Effect of
Failure to Appear
2503.4. Decision of Director of Department of Planning; Time Limita-
tions; Further Action on Permits
2504-2509. Reserved
2510. Class C Special Permit for Preservation of Natural or Archeological
Features
2510.1. Intent
2510.2. Standards
2510.2.1. Relation to Buildable Area
2510.2.2. Trees
2510.2.3. Limitations on Types of Regulations that may be Relaxed
2510.3. Procedures
2510.3.1. Demonstration of Justification
2510.3.2. Site Plan
2511-2550. Reserved
2551. Appeals
E3
LR, ICLE,,25, CLASS. G 5PECIAL PERMIt5:. DETAILED r E UiREy
MENTS
SECTION 2500. REGULAtIONS_ALPLYING.
I Issuance, issuance with conditions and safeguards attachedo or denial of
2 Class C special permits, is governed by regulations applying to special
3 permits generally as set out in Article 23, regulations applying to particular
4 uses or occupancies appearing in the Official Schedule of District Regula-
5 tions, regulations applying to particular uses and occupancies that may be set
6 out elsewhere in this Zoning Ordinance, and regulations set out in this
7 Article.
SECTION 2501. INFORMAL NOTICE AND HEARING.
8 No formal public notice and hearing is required in connection with Class
9 C special permit procedures.
SECTION 2502. REFERRALS; TIME LIMITATIONS.
10 Within five (5) working days of receipt in the office of an application
II
12
13
14
19
0i7
21
for Class C 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) working days of the date of the director's referral,
unless the applicant and the director shall mutually consent to a longer period
specified in writing for good cause shown, and the referral shall note this
requirement and the length of the extension, if any.
The director shall give full consideration to advice or information
received as a result of such referrals in arriving at his decision.
SECTION 2503. TIME LIMITATIONS; CONFE
NOTIFICATION OF
25-1
25011. Nqt fication Concernirt Intended CieoisLM' fi me.LimitdtLM.
I the director of the Depart►tieht of planning shrill notify the applicant of
2 the intended decision within the following time limits, except where a longer
3 period is specified by mutual agreement between the applicant and the
4 director, in writing and for good cause shown.
2503.1.1. Notifications Coneernin Intended Decisions; Time. Limits with no
....... ......_ ......
e errs s.
5 If no mandatory or optional referrals are involved in connection with
6 the application, the director of the Department of Planning shall give written
7 notice of the intended decision, stating the reasons therefor, to the applicant
8 within ten (10) working days of receipt of the application in the office.
2503.1.2. Notification Concerning_ Intended Decision; Time Limits with
meterrais.
9 Where mandatory or optional referrals are made, the director of the
10 Department of Planning shall give written notice of the intended decision,
I I stating the reasons therefor, to the applicant within twenty (20) working days
12 of receipt of the application in the office, but in no event before the reports
13 of referenced officers, agencies, or departments have been received.
2503.2. Re uest by Applicant for Conference; Time Limitation; AR12licant
to have Access to Record.
14 Within five (5) working days of receipt of such notification, the
15
applicant
may request a
conference
between the
applicant and/or the
16
applicant's
agent and the
director of
the Department
of Planning and such
17 representatives of the referenced officers, agencies, or departments as the
18 applicant desires, for the purpose of presenting additional facts, argument,
19 information or data in support of the applicant's position.
20 Prior to such conference, the applicant shall be given full opportunity to
21 examine all reports submitted on referrals in the case, as provided at Section
25-2
0
1 2307.I, Information on which Decision is Based to be Public and Available to
2 Applicant.
2503.3.
3 Upon request for such a conference, the director of the Department of
4 Planning shall be responsible for securing attendance of representatives of
5 those referenced officers, agencies, or departments indicated by the
6 applicant, and for setting a mutually agreeable time for such conference.
7 The conference shall be convened at the time and place set, unless
8 postponed or moved by mutual agreement.
9 If any of the designated representatives fails to appear, the director
10 shall enter such fact in the record of the case and proceed, with any other
I I designated representatives present, to hear the applicant, unless the applicant
12 requests a postponement. If no request for postponement be made or if the
13 applicant elects to proceed, the director shall note the fact for the record
14 and make the record otherwise required for discussion, with the absence of
15 the official constituting possible basis in reaching final decision.
16 If the applicant fails to appear, the director shall enter that fact in the
17 record on the case, and may either arrange another conference, if the
18 director finds adequate cause for the absence, or proceed to make the
19 decision as though the conference had been held.
2503.4. Decision of Director of Department of Planninq; Time Limita-
Lions; Further Action on hermits.
20 Within ten (10) working days after such conference, or if no conference
21 is requested, within ten (10) working days after notification of intended
22 decision, the director of the Department of Planning shall reach a decision,
23 and shall notify the applicant of such decision in writing, with reasons
24 therefor, and proceed as set forth at Section 2308, Actions Following
25-3
I Decisions on Special Permits,,
SECTIONS 2504-2509. RESERVED.
SLCTION 25,1.0,
2510.1. Intent.
2 The preservation of natural features of land such as trees, vegetation,
3 geological, and other characteristics and the preservation of features of
4 archeological significance is declared to be in the public interest, and, if the
5 requirements set out herein are met, to justify the relaxation of certain
6 otherwise applicable zoning regulations by granting a Class C special permit
7 for their preservation.
2510.2.. Standards.
8 In addition to other applicable standards required to be met for the
9 issuance of a Class C special permit, the director of the Department of
10 Planning shall determine that the following standards have been met before
11 reaching decision to grant a Class C special permit for the preservation of
12 natural or archeological features:
2510.2.1. Relation to Buildable Area.
13 That the tree (s), vegetation, other natural characteristic, or archeo-
14 logical feature is in the buildable area of the site and not in yard or setback
15 areas required for the development of the site;
2510.2.2. Trees.
16 Where a tree or trees is the natural feature sought to be preserved, that
17 such tree(s) has a trunk diameter of six (6) inches or more when measured
18 three (3) feet above ground surface where the tree is located; provided, the
19 preservation of rare, historic,, specimen, or valuable trees having a trunk
25-4
0
I diameter of less than six (6) inches may be considered for preservation in
2 peculiar and exceptional circumstances;
2510.2.3. 1 imitations on Types of Regulations that may bg Relaxed.
3 That the requested Class C special permit will be granted only for the
4 relaxation of zoning regulations pertaining to lot area, yards, required
5 offstreet parking, or open space requirements and not for use, floor area
6 ratio, percentage of lotcoverage, minimum floor area, or height.
2510.3. Procedures.
i
7 A written application shall be submitted as for Class C special permits
8 generally, and in addition:
2510.3.1. Demonstration of Justification.
9 A written statement justifying the requested relaxation of otherwise
t 10 applicable zoning regulations and providing evidence that the natural or
I I archeological feature sought to be preserved cannot be relocated;
2510.3.2. Site Plan.
12 A site plan indicating the existing natural or archeological feature (s) by
13 exact size, location on the site, common and botanical name (if any) and a
14 coded plant list (if any), and location of all proposed improvements, including
15 property, yard, and setback lines.
SECTIONS 251 1-2550. RESERVED.
SECTION 2551. APPEALS.
16 Any person or persons, jointly or severally, or any board, agency or
17 officer of the City aggrieved by a decision of the director of the Department
18 of Planning on an application for Class C special permit may seek review of
19 such decision by the Zoning Board in the manner set out in Article 30 of this
20 Zoning Ordinance and the applicable laws of Florida.
25-5
ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL EXCEPTIONS:
DETAILED REQUIREMENTS
2600.
Regulations Applying
2601.
Reserved
2602,
Referrals; Time Limitation
2603.
Responsibility for Recommendations; Preparation of Recommenda-
tions; Time Limitations
2603.1.
Responsibility of Director of Department of Planning; Zoning
Board Consideration
2603.2.
Preparation of Recommendations and Time Limitations
2603.3.
Standards
2604.
Submission of Complete Record to Zoning Board; Availability for
Public Inspection
2605.
Notices; Hearings
2605.1.
Class D Special Permits; Formal Notice and Hearing not Man-
datory but may be Required by Zoning Board
2605.1.1.
Optional Formal Notice and Hearing
2605.1.2.
Consideration of Class D Special Permits
2605.2.
Notice on Special Exceptions
2606.
Findings; Decision; Time Limitations; Further Actions
2606.1.
Findings
2606.2.
Time Requirements; Limitations on Extensions
2606.3.
Time for Reaching Decision
2606.4.
Time Limitations on Further Applications After Denial of Class
D Special Permits or Special Exceptions
t� 2607-2650.
Reserved
2651.
Appeals
11
AI `fICL z6. CLASS.D, SPECIAL PEI MItS AN[ 5PECIAAL LX EF'.y
SECT12L2600. REGUL6t[Q0NS APPLYING,
I Issuance, issuance with conditions and safeguards attached, or denial of
2 Class D special permits or special exceptions, is governed by regulations
3 applying to special permits generally as set out in Article 230 regulations
4 applying to particular uses or occupancies appearing in the Official Schedule
5 of District Regulations, regulations applying to particular uses and occupan-
6 cies that may be set out elsewhere in this Zoning Ordinance, and regulations
7 set out in this Article .
SECTION 2601. RESERVED.
SECTION 2602. REFERRALS; TIME LIMITATION.
8 All applications for a Class D special permit or special exception shall
9
10
11
12
13
14
pill
be referred to the director of the Department of Planning, and within five (5)
working 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.
SECTION 2603. RESPONSIBILITY FO
RECOMMENDATIONS; PREP
26-1
2603.1. Res nsibili. 'ty o.f _ Director of De jartm2nt, of Planning, Zpnin
'goard consideration,
I The director of the Department of Planning shall prepare recommenda-
'2_ tions and submit them to the Zoning Hoard on each application for Class D
:3 special permit or special exception, and the Zoning Board shall give full
4 consideration to his recommendations.
2603.2. Preparation of Recommendations and Time Limitations.
5 The director of the Department of Planning shell have twenty five (25)
6 working days from the date of receipt of the application for Class D special
7 permit or special exception in the office to prepare recommendations and to
8 cause the application and accompanying recommendations to be placed on the
agenda of the Zoning Board for consideration. Referrals to other officers,
10 agents, or departments shall not be cause for extending this tirne limitation,
I I unless the applicant and the director shall mutually agree to a time extension
12 in writing and for good cause shown.
2603.3. Standards.
13 The recommendations of the director shall be based upon applicable
14 guides and standards as required generally by this Ordinance and for the
15 activity or situation proposed, and shall contain written reasons for the
16 conclusions drawn.
SECTION 2604. SUBMISSION OF COMPLETE RECORD TO ZONING
BOARD; AIL IL PUBLIC E I N.
17 The director of the Department of Planning shall submit to the Zoning
�f? Board the application, written recommendations and reasons therefor, and all
reviews, analyses, and/or technical findings related to the case received
20 during tiie referral process.
2i All such moterials shall be a permanent part of the written and public
2_l_ record in the case, and shell be available not less than five (5) working days
26-2
;
I prior to the meeting at which the matter is to be considered by the Zoning
2 Board, for inspection, copying, and written answer by the applicant, i
3 desired. During this period and upon request, any other person, or any
It officer, agency, or department of government shall have access to the record.
SECTION 2605, NOTICES; HEARINGS.
2605.1. Class_D S ecial_Eermits• Formal _Notice _and Hearin not
m...Manda-
tort' ut dy Required y Zoning oar.
5 Class D special permits, as specified in this ordinonce, involve matters
6 in which the expense and delay inherent in formal public notice and hearing
7 appear unjustified in relation to substantial public purpose, and such formal -
8 public notice and hearing is not required generally in connection with actions
9 involving such permits.
10 Formal public notice and hearing, as provided by the Code of
I I Ordinances of the City of Miami, Section 62-55 (1) (2) (3) and (4), shall not be
12 required for Class D special permits except in those circumstances set out in
13 Section 2605.1.1 below.
14 In all other cases, an officer or agent designated by the City Manager
15 shall notify the applicant by registered mail posted not less than ten (10)
16 calendar days prior to the meeting of the Zoning Board at which the applica-
17 tion is to be considered of the date, time, and place of the meeting, and
18 indicating further where the applicant may inspect, and copy if desired, the
19 recommendations of the director of the Department of Planning and related
20 material as set out in Section 2604.
21 The officer or agent shall similarly notify by regular mail, posted on the
22 same date as the registered communication to the applicant, any other person
23 or persons who have signified their interest in the matter.
2605.1.1. Optional Formal Notice and Hearing.
26-3
I Where, at any meeting prier to or during any meeting of which the
2 Zoning Board is to consider an application for Class D special permit) the
3 Board finds in the particular case, or under particular circumstances, that
4 formal public notice and hearing is necessary to guide its considerations, it
5 may require such notice and hearing prior to making its decision. The formal
6 notice shall be given and a hearing on the application shall be held in accord
7 with the procedures and requirements of the Code of Ordinances of the City
8 of Miami, Section 62-55 (1) (2) (3) and (4). In taking such action, the Board
9 shol I f ind and spread on its record that such formal notice and hearing appear
10 to be required in the circumstances of the particular application in order to
I I obtain information that would not otherwise be available to the Board. No
12 additional fee shall be charged to the applicant in such cases.
2605.1.2. Consideration of Class D Special Permits.
13 Whether or not the Zoning Board requires formal public notice and
14 hearing, an application for Class D special permit shall be considered and
15 decided at a public session of the Board and as a part of a previously prepared
16 agenda.
2605.2. Notice on Special Exceptions.
17 Formal public notice and hearing, as provided in the Code of Ordinance
18 of the City of Miami, Section 62-55 (1) (2) (3) and (4) shall be required in
19 connection with special exceptions, and the public hearing shall be held by the
20 Zoning Board.
SECTION 2606. FINDINGS; DECISION; TIME LIMITATIONS; FURTHER AC-
2606.1. Findings.
21 In its decision to grant an application for Class D special permit or
22 special exception, to grant with conditions and safeguards, or to deny the
26-4
I application, the Zoning Board shall give full consideration to the recommen-
2 dations of the director of Plannlhg, and shall make written findings that the
3 applicable requirements of this Zoning Ordinance have or have not been met,
4 and the Hoard shall act in accordance with Section 23031 Special permits to
5 be Issued or Denied in Accordance with Procedures, Standards, and
6 Requirements of this Ordinance.
2606.2. Time Requirements; Limitations on Extensions.
7 In granting any Class D special permit or special exception, the Zoning
8 Board shall as a condition specify a reasonable limitation of time within
9 which action under such special permit shall be begun or completed, or moth.
10 Failure to meet such time limitations shall result in cancellation of the
I I special permit unless, on application to the Zoning Board and on due cause
12 shown, the Board shall extend the time limitations originally set. Application
13 for such extension shall be filed not less than thirty (30) days prior to the date
14 of the expiration. The application for extension of time shall not require
15 formal public notice, public hearing, or payment of fee, but shall be
16 considered by the Board only in open meeting and as part of a previously
17 prepared agenda. If denied, the Board shall state written reasons for the
18 denial.
19 No original limitation shall be for more than one year nor less than sixty
20 (60) days. No extension shall be granted for more than one year, and not
21 more than two (2) extensions may be granted for any such specific Class D
22 special permit or special exception.
2606.3. Time For Reaching Decision.
23 The Board shall reach a decision at the meeting where the application
24 for Class D special permit or special exception is heard and considered;
25 provided, the Board may delay a decision for not to exceed thirty two (32)
26-5
I calendar days when it deems It necessary to require additional informdtlon on
2 which to base a decision; provided, further, time limits set out involving
3 action by the Zoning Board shall not be applicable during the thirty one (31)
4 days of the month of August.
5 Upon reaching a decision, actions shall be taken as required by Section
6 2508, Actions Following Decisions on Special Permits.
2606.4. Time Limitation on Further _Applications After Denial of ClassyD
uecia ermits or SDecial LxceDtibnS.
7 When applications for Class D special permits or special exceptions
8 have been denied, the Zoning Board shall not thereafter consider an
9 application for the same type of Class D permit or special exception on all or
10 any part of the same property within one year from date of denial.
SECTIONS 2607-2550. RESERVED.
SECTION 2651. APPEALS.
I I Any person or persons, jointly or severally, or any board, agency, or
12 officer of the City aggrieved by a decision of the Zoning Board on an
13 application for Class D special permit or special exception may seek review
14 of such decision by the Zoning Board in the manner set out in Article 32 of
15 this Zoning Ordinance and the applicable laws of Florida.
ARTICLE 27. RESERVED.
26-6
ARTICLE 28. MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS
2800, Intent
2801. Definition —
2802. Procedures
2802.1. Pre -Application Conference _
2802.2. Preliminary Application
2802.2.1. Preliminary Application; Review and Recommendation
2802.2.2. Preliminary Application; Commission Action
2802.2.3. Preliminary Application; Content
2802.3. Final Application
2802.3.1. General Report
2802.3.2. Major Use Special Permit Concept Plan
2802.3.3. Developmental Impact Study =
2802.4. Final Application; Referrals
2802.5. Final Application; Recommendations of Director of Department
of Planning
2802.6. Final Application; Planning Advisory Board
2802.7. Hearing on Final Application
2803. Commission Disposition of Final Application; Consideration of Re-
commendations
2804. Effect of City Commission Approval of Final Application
2805. Construction Permits
2806. Changes in Approved Major Land Use Special Permit
2807. Review of Commission Actions
ARTICLE 28. AJOa USE.. I'ECIAL Er=tMITS:. C ETAILECt. REi-
SECTION 2800. INTENT
I Because of their magnitude, character, or location, certain develop-
2 ments or redevelopments within the City so impact the City and its residents
3 that such activity is hereby declared to require consideration and authoriza-
4 tion by the City Commission before construction is undertaken. Such
5 development or redevelopment, as defined herein, has a substantial effect
6 upon the health, safety, and general welfare of the citizens and residents of
7 the City. It is the intent of this Section that the detailed requirements set
8 out herein for major use special permits be applicable to such developments
9 or redevelopments in addition to requirements and authority set out in Article
10 23 applying to special permits generally, and as may be set out for major use
I I special permits in the official Schedule of District Regulations or elsewhere
12 in this Zoning Ordinance. It is further the intent of this Article that the
13 major use special permit shall be an instrument for implementing by one
14 action all changes in the adopted comprehensive plan, zoning district
15 classifications, other zoning actions, or other City ordinances that would
16 otherwise be necessary to the accomplishment of the objectives sought in the
17 application for major use special permit.
SECTION 280). DEFINITION.
18 A major use special permit is one which must be secured in the manner
19 set out in this Zoning Ordinance prior to commencing construction for:
20 (1) Any residential development involving in excess of four hundred
21 (400) dwelling units;
22 (2) Business or commercial uses, office buildings, and office complexes
23 involving in excess of two hundred thousand (200,000) square feet of floor
24 area;
MOM
1 (3) Recreational, CUltural, institutional, or entertaIMMent facilities
2 involving in excess of fifteen hundred (1)500) offstreet parking spaces for
3 single performances or patron use, or a gross acreage in excess of fifty (50);
4 (4) Industrial, processing, or manufacturing activity involving in excess
5 of five hundred (500) offstreet parking spaces;
6 (5) Any combination of uses requiring or proposing to provide in excess
7 of five hundred (500) offstreet parking spaces;
8 (6) Any development which, by the terms of this Zoning Ordinance is
9 required to secure major use special permit approval.
SECTION 2802. PROCEDURES.
10 Application for major use special permit shall be submitted and the
I I following procedures shall be followed and requirements met:
2802.1. Pre -application Conference.
12 Before submitting a preliminary application for major use special
13 permit, the prospective applicant shall confer with a representative of the
14 director of the Department of Planning to obtain information and guidance
15 before entering into binding commitments or incurring substantial expense in
16 the preparation of the application and of plans, surveys, impact statement,
17 and other data. No staterent made or information exchanged during such
18 pre -application conferences shall be binding on the City or the applicant. The
19 director shall insure that representatives of potentially affected City
20 Departments or agencies are present at such conferences; and shall further, if
21 deemed necessary, extend invitations to attend such conferences to potential-
22 ly affected agencies or officers of Dade County, other special governmental
23 units in Dade County, or the federal government.
2802.2. Preliminary Application.
:0
I Upon completion of the pre -application conference or conferences,
2 persons desiring to seek a major use special permit shall file a preliminary
3 application with the officer or agent designated by the City Manager, The
4 purpose of such preliminary application shall be to provide a basis for
5 determination in advance insofar as may be possible (1) the nature and extent
6 of further conferences and referrals and the officers or agencies, including
7 the City Commission and non -City officers or agencies, that may be involved,
8 (2) issues and the nature of such issues that may arise, (3) information that
9 may be necessary in addition to that prescribed for final application for major
10 land use special permit by this Zoning Ordinance, (4) time periods to be
I I permitted for securing of reports, completion of conferences, submission of
12 recommendations, and the like, and (5) other matters of a similar nature.
2802.2. I. Preliminary Applications Review and Recommendation.
13 The preliminary application for major use special permit shall be
14 reviewed by the director of the Department of Planning; by such officers or
15 agencies of the City, Dade County, the State of Florida, and the United
16 States as the director of the Department of Planning and the City
17 Commission may determine to be requisite to a full consideration of the case;
18 and by the Planning Advisory Board. In each instance all written comments
19 and recommendations shall be a part of the record in the case. No public
20 notice and hearing is required in these considerations. Recommendations to
21 the City Commission and the reasons therefor shall be required of the
22 director of the Department of Planning and the Planning Advisory Board as to
23 whether or not the applicant should be permitted to file final application for
24 major use special permit. Other officers or agencies may file such
25 recommendations; which shall be transmitted to the City Commission through
26 the director of the Department of Planning.
28-3
2802.2.2. Prelin`iinar.: A llai.ion:omrnissic�n Action,
I Upon receipt of the materials, the City Commission shall proceed
2 promptly to consideration of whether or not the applicant shall be permitted
3 to file final application for major use special permit. No formal public notice
4 and hearing is required. Approval for such action shall take the form of a
5 resolution, and such resolution shall state in its terms that (1) no right or
6 privilege is conferred on the applicant by the permission to proceed to final
7 application and (2) the action is not to be deemed approval of the
8 development proposal.
9 At the time of City Commission action, the Commission may specify
10 and require (1) any further conferences or referrals, (2) additional materials
I i that may be required, (3) time periods for actions on final application, and (4)
12 treatment of such other matters as may properly be part of preparation of -
13 the final application.
2802.2.3. Preliminary Application: Content.
14 The preliminary application for major use special permit shall contain
15 such of the matters covered by Section 2802.3 as may, after the pre-
16 application conference or conferences required by Section 2802.1, be
17 pertinent to determination as to whether or not proceeding to final
18 application should be permitted.
2802.3. Final Application.
19 Upon approval of the City Commission to proceed to final application
20 for major use special permit, the prospective developer may file a final
21 application with the officer or agent designated by the City Manager in the
22 manner herein set out. Because of the potential differences in character,
23 magnitude, and location of developments requiring major use special permits,
24 it is the intent of this Section 2802.3 that materials listed herein as required
28-4
I to be furnished with the final application are not to be deemed exclusive and
2 that additional data may be required by the City, through Its boards, officers,
3 agents, or the City Commission, upon showing of need for proper decision
4 making purposes.
5 Materials to be submitted with applications for major use special permit
6 shall include maps, plans, surveys, studies, and reports that may reasonably be
7 required to make the determinations called for in the particular case, in
8 sufficient copies for referrals and records. More specifically, all of the
9 following shall be required before the application for major use special permit
10 shall be considered to be filed for processing:
2802.3.1. General Report.
i I A general report which covers (1) property ownership or ownerships and
12 beneficial interest within the boundaries of the area proposed for major use
13 special permit; (2) the nature of the unified interest or control; (3) survey
14 of the proposed area showing property lines and ownership; (4) map of
15 existing features, including streets, alleys, easements, utilities lines, existing
16 land use, general topography, and physical features; (5) materials to
17 demonstrate the relationship of the elements listed in (4) preceding to
18 surrounding area characteristics; and (6) existing zoning and adopted compre-
19 hens i ve plan designations for the area on and around the lands proposed for
20 major use special permit.
2802.3.2. Major Use Special Permit Concept Plan.
21 A concept plan for the area to be covered by the major use special
22 permit. The topics or items listed in Section 510.2.3 (a through h) for planned
23 development shall be required as they may be related to the proposed
24 development and in addition:
25 (a) The concept plan shall demonstrate not only functional internal
28-5
I relationships within the area to be encompassed but shall demonstrate porti-
2 cularly the relationships of the concept plan to surrounding existing and
3 proposed future uses, activities, systems, and facilities.
4 (b) As a part of the supporting data and material for the concept plan,
5 it shall be demonstrated how the concept affects existing toning and adopted
6 comprehensive plan principles and designations. In addition, such materials
7 shall include any relationships to any special permits, variances, or
8 exemptions from this Zoning Ordinance or other City regulations that might
9 otherwise have been requested or required in order to construct the
10 development for which major use special permit is requested.
I I (c) It being the intent of this provision for a concept plan to require all
12 data reasonably necessary for determining whether or not the proposed
13 development meets the requirements of this Zoning Ordinance, information in
14 addition to that specified may be requested when necessary to make required
15 determinations; and such information shall be provided before further
16 processing proceeds. -
2802.3.3. Developmental Impact Study
17 As a part of the materials of Section 2802.3.2 and in support of the
18 concept plan or as a separate element of the application for major use special
19 permit, the applicant shall submit a development impact study, except as
20 herein set out. No development impact study is required if the development
21 activity for which major use special permit is sought constitutes a
22 "development of regional impact," as defined by Chapter 380, Florida
23 Statutes; provided, a copy of the submissions for approval of development as
24 a "development of regional impact" shall be filed as a part of the application
25 for major use special permit.
26 The development impact study shall demonstrate whether the impact of
27 the proposed development is favorable, adverse, or neutral on the economy,
NM
I public services, environment, and housing supply of the City and the region.
2802.4, Final Application: Referrals.
2 Upon receipt of a final application for land use special permit by the
3 officer or agent designated by the City Manager to receive the same, the
4 final application shall be referred promptly to the director of the Department
5 of Planning. The director shall make those referrals required by this zoning
6 ordinance and by the City Commission at the time of approval of the prelimi-
7 nary application and the director shall make such additional referrals to
8 officers or agencies, both City and non -City, as the director may deem
9 necessary to proper consideration of the final application. All materials
10 received by the director of the Department of Planning as a consequence of
I I referrals shall be part of the public record in the matter.
2802.5. Final Application: Recommendations of Director of Department
of -Planning.
4W 12 Upon receipt of all referral materials, the director of the Department
13 of Planning shall prepare a written recommendation in the matter of the final
14 application. The director shall include any recommendations made by any
15 referenced officer or agency, indicating agreement or disagreement with such
16 recommendations and the reasons therefor.
2802.6. Final Application; Planning Advisory Board.
17 The director of the Department of Planning shall submit his recommen-
18 dations to the Planning Advisory Board at a regularly scheduled meeting of
19 the Board. Upon consideration of the matter and by formal action, the
20 Planning Advisory Board may indicate concurrence or disagreement with any
21 or all of the recommendations of the director of the Department of Planning,
22 and such actions of the Board, formally taken, shall be a part of the record in
AP 23 the case for transmission to the City Commission. Public notice and hearing
28-7
I shall be required before the planning Advisory Board in the matter of its
2 consideration of a final appilcation for major land use special permit.
2802.7. H c Ling„on [ inal.Applicat ion.
3 Upon transmission to the City Commission of the recommendations of
4 the director of the Department of Planning and the Planning Advisory Board, r
r
5 the Commission shall set a date or dates for public hearing on the final
6 application, in the manner set out in Section 62-55 (1) (2) (3) and (4) of the `
fw iY
y5
7 Code of Ordinances of the City of Miami. If the approval of the final
8 application will involve a change in the adopted Miami Comprehensive
4
9 Neighborhood Plan, notice shall also be given in accord with the applicable
10 provisions of Ch. 163.3181 and 163.3187, Florida Statutes. If the proposed
I I development is one of regional impact under Ch. 380, Florida Statutes, notice
12 shall also be given as required by Ch. 380, Florida Statutes.
13 Full opportunity shall be granted to all interested parties for review of
14 the full record in the case prior to such public hearing.
15 The public hearing shall be held, unless the application is withdrawn as
16 provided by Section 2310.
SECTION 2803. COMMISSION DISPOSITION OF FINAL APPLICATION;
CONSIDERATION OF RECOMMENDATIONS.
17 The City Commission may approve a final application for major land use
18
special permit as
submitted, deny the final
application as submitted, or
0
approve the final
application with attached
modifications, conditions, or
20
safeguards, giving
full considerations to the
recommendations of Boards,
21 Agencies, or departments.
22 When a final application for major land use special permit is approved -
23 as submitted, or approved with attached modifications, conditions, or safe-
24 guards, the action of the Commission shall specify clearly, inter alia, any
25 changes in the adopted Miami Comprehensive Neighborhood Plan; any changes
::
I in Zoning classification or other City ordlnances or regulations; whether or
2 not any further implementing actions will be required and, if soy their nature
3 and requirements; and specifications as to timing of development under the
4 major land use special permit.
SECTION,2804. EFFECT OF ,CITY
5 When the City Commission has approved an application for major land
6 use special permit as submitted, or has approved a final application with
7 attached modifications, conditions, and safeguards, the Official Zoning Atlas
8 and the adopted comprehensive plan shall be appropriately changed to
9 indicate that the development in the area involved is to be in accordance with
10 the terms of the major land use special permit. All elements of the final
I I application as approved, or as approved with modifications, conditions, or
12 safeguards, shall be adopted by reference and shall constitute the develop-
13 ment regulations for the land area involved.
14 A major land use special permit, granted and limited in the manner
15 herein set out, shall be held and interpreted to supersede and constitute the
16 change of applicable adopted comprehensive plan elements, prior zoning
17 classifications of the land or other Zoning regulations, and prior City
18 regulations otherwise applicable.
19 The major land use special permit as approved, or approved with
20 attached modifications, conditions, or safeguards, shall be binding upon the
21 applicant or applicants and any successors in interest, so long as the grant of
22 major land use special permit remains in effect.
SECTION 2805. CONSTRUCTION PERMITS.
23 Permits for construction under major land use special permit shall
A& 24 conform to the final application and the terms on which it was granted.
m
SECTION WANG IN APPR0VE17. MAJOF LANb . U5 F,, Cr Al
I Changes In an approved final application for major land use special
2 permit, or final application approved with attached modifications, conditions,
3 or safeguards, may be permitted after application to the director of the
4 Department of planning by the original applicant or successors in interest.
5 Upon receipt of such an application for change, the director of the
6 Department of Planning shall prepare a statement demonstrating whether or
7 not such changes would meet the same requirements as for the original
8 approvai. The director shall transmit such statement, together with
9 recommendations on the proposed changes, to the City Commission. The
10 Commission may take such action as in appropriate in the matter; provided, if
II the Commission has not acted after two (2) regular meetings of the
12 Commission have been held following receipt of application for change, the
13 recommendations of the director of Planning shall be deemed to have been
14 approved.
15 Where requests for changes are made that are found not to be within
16 the requirements for original approval, application for such changes shall be
17 made as for an original application for major land use special permit.
SECTION 2807. REVIEW OF COMMISSION ACTIONS.
18 Review of actions of the City Commission in approving major land use
19 special permits, approving major land use special permits with attached
20 modifications, conditions, or safeguards, denying major land use special
21 permits, or approving or denying changes in previously approved major land
22 use special permits shall be by a court of appropriate jurisdiction, as provided
23 by law.
ARTICLE 29. RESERVED.
28-10
ARTICLE 30. APPr:ALS FROM DECISIONS Or ZONING ADMINI-
STRATOR AND DIRECTOR 01 THE DEPARTMENT Or
PLANNING
3000, Generally
3001. Status of Administrative Decision; Time Limits on Appeal, Filing of
Appeal
3002. Transmittal of Notice and Record
3003. Stay of Proceedings
3004. Setting Hearing Dates; Notice
3005. Availability of Records
3006. Hearing of Records
3007. Review of Decision of Zoning Board
ARTICLE ,
s3�iiiY i 3"10' w
SECTI2N-3000- GENERALLY,
I Appeals to the Zoning Board may be taken by any person aggrieved or
2 by any officer, board, or agency of the City affected by (1) any decision of
3 the Zoning Administrator, including, but not limited to, decisions involving
4 interpretation of this Zoning Ordinance and decisions on Class A or Class B
5 special permits, or (2) any decision of the director of the Department of
6 Planning, including, but not limited to, decisions involving Class C special
7 permits.
SECTION 3001. STATUS OF ADMINISTRATIVE DECISION; TIME LIMITS ON
APPEAL; FILIRG OF APPEAL.
8 Decisions of the Zoning Administrator or the director of the Depart-
40 9 ment of Planning shall be deemed final unless, within not more than fifteen
10 (15) days of the date such decision was rendered, a notice of appeal is filed.
I I Such notice of appeal, specifying the grounds thereof, shall be filed with an
12 officer or agent designated by the City Manager.
SECTION 3002. TRANSMITTAL OF NOTICE AND RECORD.
13 The officer or agent designated by the City Manager shall promptly
14 transmit the notice of appeal to the Zoning Administrator or the director of
15 the Department of Planning, as the case may be. The officer from whom the
16 appeal is taken shall forthwith transmit to the Zoning Board all the materials
17 constituting the record upon which the decision appealed from was taken.
SECTION 3003. STAY OF PROCEEDINGS.
18 An appeal stays all proceedings in furtherance of the action appealed
19 from, unless the officer from whom the appeal is taken certifies to the
30-1
I Zoning Board, after the officer has received the notice of appeal, that, by
2 reasons of facts stated by such officer, a stay would, in the off iceris opinion,
3 cause imminent peril to life and property, In such case, proceedings shall not
4 be stayed otherwise than by a restraining order issued by the Zoning Board or
5 by a court of competent jurisdiction, on notice to the officer from whom the
6 appeal is taken and on due cause shown.
SECTION 3004. SETTING HEARING DATE5; NOTICE.
7 The Zoning Board shall set a date for the hearing of the appeal, which
8 shall not be less than thirty (30) days from the date the notice of appeal was
9 filed; provided, the time limitation herein se* out shall not apply during the
10 thirty one (31) days of the month of August. Notice of such date shall be
I I given to the appellant by certified mail, Notice by mail at least fifteen (15)
12 days in advance of the hearing shall be given to any persons who, at any stage
13 in the proceedings, including that time prior to decision by the administrative
14 official, have signified interest or opposition in the matter.
SECTION 3005. AVAILABILITY OF RECORDS.
1.5 All records in the matter of the appeal shall be open to the appellant
16 and any other interested persons, to the end that al persons concerned shall
17 have full opportunity to prepare for the hearing of the appeal.
SECTION 3006. HEARING; POWERS OF ZONING BOARD.
18 The Zoning Board shall conduct the public hearing on the appeal. Any
19 person may appear by agent or attorney. All materials transmitted to the
20 Zoning Board upon the notice of appeal shall be a part of the record in the
21 case. New materials may be received by the Zoning Board where such
22 materials are pertinent to the determination of the appeal.
30-2
40
I In exercising authority to review the decision of the administrative
2 official, the Zoning Board may, in conformity with the provisions of law and
3 this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the
4 decision appealed from and may make such decision as ought to be made. To
5 that end, the Zoning Board shall have all of the powers of the officer from
6 whom the appeal is taken. The concurring votes of four (4) members of the
7 Zoning Board shall be necessary to reverse any decision of such adminis=
8 trative official, or to decide in favor of the appellant.
SECTION 3007. REVIEW OF DECISION OF ZONING BOARD.
9 Review of decisions of the Zoning Board on matters covered by this
10 Article shall be as set out in Article 32 of this zoning ordinance.
30-3
ARTICLE 31. APPEALS FOR VARIANCE FROM TERMS
OP ORDINANCE
3101, Variance Defined; Limitations
3101.1. Use Variances Prohibited
3101.2. Nonconformities not Grounds for Grant of Variance
3102, Zoning Administrator not Authorized to Vary Terms of Ordinance;
Variance Authority Vested in Zoning Board
3103. Requirements and Procedures
3103.1. Written Petition
3103.2, Notice of Public Hearing
3103.4. Findings Required
3104. Conditions and Safeguards
3104.1, Board May Prescribe
3104.2, Time Limitations
3105. Time Limitations on Ref iling of Petitions Where Variance Denied
3106. Review of Decisions of Zoning Board on Variances
•
&(jtLQLE-,1L. ARPEALS f+dat.VAIlANC FftM �CEly15.r0 Qf1lY
t2 "NE
SECTION 3.10,16 VARIANCE DEFINED -,_LIMITATIONS. -
I A variance is relaxation of the terms of the ordinance where such —
2 action will not be contrary to the public interest and where, owing to condi=
3 tions peculiar to the property and not the result of actions of the applicant, a
4 literal enforcement of this ordinance would result in unnecessary and undue
5 hardship on the property. As used in this ordinance, a variance is authorized
6 only for height, area, size of structure, dimensions of yards and other open
7 spaces and offstreet parking or loading requirements.
3101.1. Use Variances Prohibited.
8 Under no circumstances shall the Zoning Board grant a variance to -
9 permit a use not permitted under the terms of this Zoning Ordinance in the
10 zoning district involved, or any use expressly or by implication prohibited by
I I the terms of this Zoning Ordinance in the said zoning district.
3101.2. Nonconformities Not Grounds for Grant of Variance.
12 No nonconforming use of neighboring lands, structures, or buildings in
13 the some zoning district, and no permitted use of lands, structures, or
14 buildings in any other district shall be considered grounds for the granting of
15 a variance.
SECTION 3102. ZONING ADMINISTRATOR NOT AUTHORIZED TO VARY
16 It is the intent of this Zoning Ordinance that the Zoning Administrator
dP 17 has no authority to relax the terms of this ordinance. (See generally, Section
18 3401.2.) Authority to grant variances is lodged in the Zoning Board, subject
M
I to procedures and standards set out in this Zoning Ordinance and applicable
Florida low,
SECTION1 103. REQUIKtEMENtS. AND e QCEDURES:
3 A variance from the terms of this Zoning Ordinance shall not be granted
4 by the Zoning Board unless and until:
3103.1.
Written petition.
5
A written
petition for a variance is submitted to the officer or agent of
6
the City specified by the City Manager demonstrating all of the following:
7
(a)
Special conditions and circumstances exist which are peculiar to
8
the land, structure, or building involved and which are not
9
applicable to other lands, structures, or buildings in the same
10
zoning district;
i I
(b)
The special conditions and circumstances do not result from the
12
actions of the petitioner;
13
(c)
Literal interpretation of the provisions of this zoning ordinance
14
would deprive the applicant of rights commonly enjoyed by other
15
properties in the some zoning district under the terms of this
16
zoning ordinance and would work unnecessary and undue hardship
17
on the petitioner;
18
(d)
Granting the variance requested will not confer on the petitioner
19
any special privilege that is denied by this Zoning Ordinance to
20
other lands, buildings, or structures in the some zoning district;
21
(e)
The variance, if granted, is the minimum variance that will make
22
possible the reasonable use of the land, building, or structure; and
23
(f)
The grant of the variance will be in harmony with the genera;
214
intent and purpose of this zoning ordinance, and will not be
31-2
I injurious to the neighborhood, or otherwise detritheritol to the
2 public welfare.
3 Documents, reports, studies, exhibits, or other written or
4 graphic materials, if any, to be used by petitioner in support of
5 the petition and in demonstration of any or all of the above
6 requirements shall be submitted with the petition. j
3103.2. Notice of Public Hearing.
7 Notice of public hearing shall be given as set out in Section 62-55 (1
8 through 4) of the Miami City Code.
3103.3. Public Hearing.
9 A public hearing shall be held by the Zoning Board.
3103.4. Findings Required.
10 The Zoning Board shall make findings that all of the requirements and
I I standards of Section 3103.1 have been demonstrated by the petitioner for
12 variance.
SECTION 3104. CONDITIONS AND SAFEGUARDS.
3104.1. Board May Prescribe.
13 In granting any variance, the Zoning Board may prescribe appropriate
14 conditions and safeguards in conformity with this Zoning Ordinance. Viola-
15 tion of such conditions and safeguards, when made a part of the terms under
16 which the variance is granted, shall be deemed grounds for revocation of the
17 variance or a violation of this zoning ordinance.
3104.2. Time Limitations.
31-3
■
I In granting a variance, the Zoning Board shall as a condition or safe-
2 guard specify a reasonable limitation of time within which application for
3 building permit shall be made. In addition, the Zoning Board may prescribe a
4 reasonable limitation of time within which construction shall be commenced
5 or completed, or both. Failure to meet such time limitations shall result in
6 the cancellation of the permit for variance unless, on application to the
7 Zoning Board and on due cause shown, the Board shall extend the time limn-
8 tations originally set. Such application shall be filed not less than thirty (30)
9 days prior to the date of permit expiration with the officer or agent of the
10 City specified by the City Manager. The application for extension of time
I I shall not require formal public notice, public hearing, or payment of fee, but
12 the some shall be considered by the Zoning Board in open meeting and as a
13 part of a previously prepared agenda. If the application for extension of time
14 be denied by the Zoning Board, it shall state in writing its reasons for the
15 action of denial. No original time limitation shall be for more than one (1)
111
6 year nor for less than sixty (60) days; and no extension of time limitation shall
17 be granted for more than one (1) year. No more than two (2) extensions of
18 time may be granted for a specific variance.
SECTION 3105. TIME LIMITATIONS ON REFILING OF PETITIONS WHERE
VARIANCE DENIED.
19 Whenever action has been taken to deny a petition for variance on any
20 property, the Zoning Board shall not thereafter consider a petition for the
21 some type of variance on all or any part of the same property for a period of -
22 one year from the date of denial.
SECTION 3106. REVIEW OF DECISIONS OF ZONING BOARD ON VARIAN-
23 Review of decisions of the Zoning Board on variances shall be as set out
24 in Article 32 of this zoning ordinance.
HIM
ARTICLE 32. STATUS OF DECISIONS OF ZONING 80ARb; REVIEW
By CITY COMMISSION; COMMISSION POWERS; JUDI-
CIAL REVIEW
3201. Status
3202. Filing Requesti Payment of Fees; Who may File
3203. Procedures
3204, City Commission Powers of Review
3205, Judicial Review
n
f—
ARTICLE 32,
SECTION 3201._STATUS
I Decisions of the Zoning Board, whether acting on matters of appeal
2 from the Zoning Administrator or director of the Department of Planning or
3 acting in their original jurisdiction on matters of Class D special permits,
4 special exceptions, or variances, are to be deemed final Unless, within fifteen
5 0 5) days of the date of the Board decision, a request for review by the City
6 Commission is made in the manner herein set out.
7
SECTION 3202. FILING REQUEST; PAYMENT OF FEES; WHO MAY FILE.
8 A request for review of a Zoning Board decision by the City Commission
9 shall be filed with an officer or agent designated by the City Manager,
10 together with payment of any required fee. Such request may be filed by the _
II applicant or petitioner or by any person or persons, jointly or severally,
12 aggrieved by the action of the Zoning Board, or by any officer, department,
13 board, commission, or bureau of the City.
SECTION 3203. PROCEDURES.
14 The officer or agent receiving the request for City Commission review
15 shall certify such request through regular channels. Notice of Commission
16 hearing on the matter shall be given as required originally for the particular
17 type of permit or action for which Commission review is requested.
SECTION 3204. CITY COMMISSION POWERS ON REVIEW.
18 The City Commission on review shall have full power to affirm, reverse,
19 or modify the action of the Zoning Board.
SECTION 3205. JUDICIAL REVIEW.
20 Any appeal from the decision of the City Commission may be taken by
32-1
any person or persons, jointly or severally, aggrieved by any deoisitsn of the
2 City Carnniission by presehtirig to the Circuit Court a petition of issuorice of
3 a Writ of Certiorari in accordance with Florida Appellate Mules.
ARTICLE 33. RESERVED.
32-2
ARTICLE 34. ADMINISTRATION, ENFORCEMENT, VIOLATIONS,
AND PENALTIES
3401. Zoning Administrator Responsible for Administration and Enforce=
ment
3401.1. Generally
3401.2. Limitation on Powers of Zoning Administrator in Administration
and Enforcement
3402, Zoning Requirements, Procedures, Limitations, and Actions on Build-
ing Permits
3402.1. Plans to be Submitted With Applications
3402.2. Processing Applications; Issuance or Denial of Permit
3403. Zoning Requirements, Procedures, Limitations, and Actions on Certi-
ficates of Use
3403.1. For New or Altered Structures and Uses
3403.2. Temporary Certificates of Uses
3403.3. Annual Certificates of Use for Home Occupations in Residential
Districts
3403.4. Certificates of Use for Nonconforming Uses
3403.5. Actions Where Nonconforming Uses Become Conforming
3403.6. Certificates of Use for Other Existing Uses
3403.7. Certificates of Use for Buildings Accessory to Dwellings
3404. Structures and Uses to be as Provided in Applications, Plans, Building
Permits, Certificates of Use, and Special Permits in Relation Thereto
3405. Status of Building Permits or Certificates of Use Issued Prior to
Adoption or Amendment of Ordinance
3405.1. Completion of Lawful Actions Initial Prior to Adoption or
Amendment of Ordinance: Time Limits For Completion of
Actions
3405.1. I. Construction of Occupancy
3405.1.2. Actual Construction, Defined
3405.1.3. Occupancy Not Involving Pending Building Permits
3405.2. Status of Agreements, Conditions, and Safeguards Under Prior
Zoning
3406. Reserved
3407. Zoning Conformity Required Prior to Issuance of Licenses or Permits
3408. Permits or Certificates of Use Granted in Error Do Not Authorize
Violation of Ordinance; Corrections Required
3409. Action on Violations; Remedies
3410. Penalties
3411. Records
3412. Fees and Charges
3413. Appeals from Decisions of Zoning Administrator
0
a
0
ARTICLL„346
SECTION,3401.
3401.1. Gen2ral l,y.
I A Zoning Administrator, appointed by and responsible to the City
2 Manager, shall be responsible for administration and enforcement of this
3 Zoning Ordinance, except as otherwise provided herein, with such assistance
4 as the City Manager may direct. It shall be the duty of all employees of the
5 City, and especially of all officers and inspectors of the Department of
6 Buildings and the Police Department, to report to the Zoning Administrator
7 any seeming violations.
3401.2. Limitation on Powers of Zonin2 Administrator in Administration
and Enforcement.
8 The Zoning Administrator shall be guided and limited in findings and
9 determinations, in the issuance or denial of permits or certificates, in the
10 attachment of any conditions and safeguards, or in other actions relating to
I I administration and enforcement of this Zoning Ordinance, by the terms,
12 provisions, and requirements set out herein, and shall not have the power to
13 waive, vary, or modify such terms, provisions, or requirements except where
14 specifically authorized to do so by this Zoning Ordinance and within
15 limitations established by such authorization.
SECTION 3402. ZONING REQUIREMENTS PROCEDURES LIMITATIONS
TND TCT15N=N BUILDIW�,
16 The Zoning Administrator shall be responsible for determining whether
17 applications for building permits as required by the building code are in
18 accord with the requirements of this Zoning Ordinance, and no building
19 permit shall be issued without certification that plans and applications
7A
34-1
I conform to applicable zoning regulations, No license or permit shall be issued
2 by any department, agency, or official of the City for the use of any premises
3 or the operation of any business, enterprise, occupation, trade, profession, or
4 activity which would, in any manner, constitute a violation of this Zoning
5 Ordinance.
3402.1. Plans to be Submitted With _Applications.
6 All applications for building permits as required herein or by the build-
7 ing code shall be accompanied by plans in number of copies as necessary to
8 meet the needs and requirements for decision on the action requested, drawn
9 to scale, showing as appropriate to the circumstances of the case the actual —
10 shape and dimensions of the lot to be built upon; the exact size and location
I I on the lot of the building or buildings and accessory buildings and other
12 structures existing or to be erected or altered; the lines within which the
13 building or structure is proposed to be altered or erected; the existing and
14 intended use of each building or structure as proposed to be altered or
15 erected; the existing and intended use of each building or part of a building;
16 the number of dwelling or lodging units the building is designed to
17 accommodate; the location and dimensions of accessways, parking and loading
18 areas, and the number of parking spaces; where more than one lot and/or
19 parts of lots are combined for a building site, an instrument evidencing unity
20 of title; and such other information regarding the lot, and neighboring lots
21 and structures and uses thereon, as may be reasonably necessary to make
22 required determinations and provide for the enforcement of this Zoning
23 Ordinance.
24 Where necessary for making such determinations and enforcement, the
25 Zoning Administrator may require that all dimensions on such plans relating
26 to location and size of the lot and buildings or portions of buildings thereon
34-2
I
Ej
I shall be bused on a registered land surveyor's certified survey) reflecting
2 current conditions,
3402.2. Processin _Aeel!cotions' Issuance.or Denial of,.Petmit,
3 The Zoning Administrator or the Administrator's officially authorized
4 agent shall examine the plans and application to determine whether they are
S fully in accord with zoning requirements. Upon an affirmative finding,
6 certification of zoning compliance shall be entered on the plans and on the
7 building permit, and, if otherwise lawful, the permit shall be issued to the
8 applicant, together with one copy of the approved plan.
9 If the application and plan are not in full accord with zoning regula-
10 tions, the application shall be denied and the applicant notified in writing of
I I the reasons for such denial.
SECTION 3403. ZONING REQUIREMENTS PROCEDURES LIMITATIONS
CERTIFICATESAND ACTIONS ON .
3403. I. For New or Altered Structures and Uses.
12 No person shall use or permit the use of any structure and/or premises
13 hereafter created, erected, changed, converted, enlarged or moved, wholly or
14 partly, in use or in structure, until a certificate of use reflecting use, extent,
15 location, and other matters related to this Zoning Ordinance shall have been
16 issued to the owner or tenant. Where a building permit is involved, provision
17 for such certificate shall be part of the building permit; in other cases,
18 application shall be made to the Zoning Administrator on forms provided
19 therefor.
20 Such certificate shall show that the structure or use, or both, or the
21 affected part thereof, are in conformity with the provisions of this Zoning
22 Ordinance. It shall be the duty of the Zoning Administrator to issue such
23 certificate (or to approve its issuance where final responsibility for issuance
34-3
I lies with other officers or agencies) if he finds that all the requirements of
2 this Ordinance have been rnet, and to withhold such certificate (or to prohibit
3 its issuance) unless he finds that all of the requirements of this Zoning
4 Ordinance have been met.
3403.2. Temporary Certificates of, Use.
5 A temporary certificate of use may be similarly applied for, issued, or
6 approved for issuance, or denied in accordance with general rules or re-
7 gulations concerning such temporary certificates. Such certificates may be
8 issued for all or part of a building or premises, may establish duration of
9 occupancy, and may establish such conditions and safeguards as are necessary
10 in the circumstances of the class of cases or particular case to protect the
I I safety of occupants and general public. Where a building permit is involved,
12 provision for such certificate shall be part of the building permit; in other
13 cases, application shall be made to the Zoning Administrator on forms
14 provided.
3403.3. Annual Certificates of Use for Home Occupations in Residential
istri cts. —
15 in connection with home occupations in residential Districts, as defined
16 in Article 4, annual certificates, of use shall be required. Applications for
17 such certificates, on forms provided, shall be made to the Zoning
18 Administrator. Such certificates shall cover the period from October I
19 through September 30 of the following year, and shall be renewed annually.
20 No fee for such certificate shall be charged a person sixty five (65) years of
21 age or older who is engaged in the conduct of a legal home occupation.
3403.4. Certificates of Use for Nonconforming Uses.
22 A certificate of use shall be required for all lawful uses made
34-4
40
I
nonconforming by passage or amendment of this Zoning Ordinance. Applica-
tlons for such certificates, on forms provided, shall be made to the Zoning
Administrator by the nonconforming user of the structure Or premises
involved within one year of the effective date of this Ordinance or� the
amendment thereof making the use nonconforming. 1=ailure to apply for such
certificate shall place upon the owner or tenant the burden of proof that such
use, and the extent thereof, of the structure or land was in lawful
nonconforming use on the effective date of this Zoning Ordinance or
amendment.
The Zoning Administrator shall exercise due diligence in informing
owners c id tenants by mail of the need for such certificates at or prior to the
time the uses are made nonconforming, but failure to notify affected owners
or tenants shall not relieve them of the duty to make application as indicated.
Upon such application, and after inspection to determine the facts in
the case, if such inspection is reasonably necessary, it shall be the duty of the
Zoning Administrator to issue such certificate if the Administrator finds the
use lawful, or to withhold the certificate and take such remedial action as is
appropriate in the circumstances of the case if he finds otherwise.
3403.5. Actions Where Nonconforming Uses Become Conforming.
19 Where existing nonconforming uses become conforming by reason of
20 passage or amendment of this Ordinance, it shall be the duty of the Zoning
21 Administrator to notify holders of certificates of use for nonconforming use
22 of such fact, and to indicate the effect of such conforming status on changes
23 in use, expansion, extension, and other matters previously restricted under
24 nonconforming status.
3403.6. Certificates of Use for Other Existing Uses.
34-5
I Any owner or tenant engaged in existing use of structures or premises
2 )other than nonconforming use) rnay, but shall not be required ta, apply On
3 forms provided for a certificate of use certifying that such use is lawful
4 under existing laving regulations, Upon such application) and after inspection
5 to determine the facts in the case, if such inspection is reasonably necessary,
6 it shall be the duty of the Zoning Administrator to issue such certificate if
7 the Administrator finds the use lawful) or to withhold the certificate and take
8 such remedial action as is appropriate in the circumstances of the case if the
9 Administrator finds otherwise.
3403.7. Certificates u.' Use for Buildings Accessory to Dwellings.
10 Where buildings or other structures accessory to dwellings are complet-
I I ed under the some building permit as the dwelling and are to be used for pur-
12 poses normally accessory to dwelling use, no separate certificate of use shall
13 be required.
14 Where buildings or other structures accessory to dwellings are com-
15 pleted under different building permits from the permit for the dwelling a
16 separate certificate of use shall be required.
SECTION 3404. STRUCTURES AND USES TO BE AS PROVIDED IN APPLI-
CATIONS
L L I N i;RMITS,- CERTIFIC=-
tiF_�ND SPEtIAL PERMITS IN RELATION - .
17 Building permits or certificates of use issued by the Zoning Administra-
18 for on the basis of plans and applications authorize only the use, arrangement,
19 and construction set forth in the approved plans and applications, subject to
20 any conditions or safeguards attached thereto, and no other. Use,
21 arrangement, or construction at variance with that authorized, or failure to
22 observe conditions and safeguards, shall be deemed a violation of this Zoning
23 Ordinance.
34-6 -
51 rC LQN 3405+
1 Where lawful building permits or certificates of use have been issued
2 prior to the effective date of adoption or amendment of this Ordinance =
3 establishing new requirements as to construction, location, or use to which
4 such permit or certificate and applications and plans related thereto do not
5 conform, the following rules shall govern:
3405,1.
3405.1.1. Construction and Occupancy.
6 Where building permits have been issued and certificates of use applied
7 for in relation thereto, for construction of buildings or structures, or
8 additions or alterations, nothing in this Ordinance shall be deemed to require
• 9 a change in the plans, construction, or designated use of a building or
10 structure or portion thereof under actual construction, provided such
(I construction is carried or without interruption (except for just cause).
12 If actual construction is not under way, new building permits or
13 certificates of use shall be required where previous documents have become
14 void, and shall be in accord with any new regulations established by adoption
15 or amendment of this Ordinance.
3405.1.2. Actual Construction, Defined.
16 For the purposes of this Zoning Ordinance, actual construction is
17 defined to include the placing of construction materials in permanent position
18 and fastened in a permanent manner; except that where demolition,
19 excavation, or removal of an existing structure has been substantially begun
20 preparatory to new construction, such excavation, demolition, or removal
34-7
I shall be deemed to be actual construction, provided that wark shall be
2 continuously carried on without interruption, except for just cause, until the
3 completion of the new construction involved,
3405.1.5, Occu 'n n6t_lnvolvin penc�in v.ildin permits.
4 Where certificates of occupancy involve use of land, or of land and
5 structures, and do not relate to a pending building permit, unless such use has
6 been established prior to the effective date of the Ordinance and amendment
7 which would prohibit such use, or make alterations in requirements
8 concerning it, such certificates shall become void, and new certificates,
9 conforming to the new regulations, shall be required.
3405.2. Status of Agreements, Conditions, and Safeguards Under Pri
Zonina.
10 Where agreements were made or conditions, safeguards and require-
I 1 ments attached under prior zoning, such agreements, conditions, safeguards
12 and requirements shall remain in effect even though such zoning is repealed
13 or amended, except where current zoning specifically removes the require-
14 ments or limitations.
15 Similarly, where the City has previously issued a development order or
16 binding letter determination under the present or past provisions of Chapter
17 380.06, Florida Statutes, to a development of regional impact, said approval
18 shall remain in full force and effect and the provisions of this Ordinance shall
19 be deemed not to impose any additional agreement, conditions, safeguards or
20 requirements on said development of regional impact for as long as said
21 development order is valid. Said development order may be amended without
22 compliance with the terms of this Ordinance as long as the City Commission
23 determines that the proposed amendment is not a substantial deviation from
24 the approved development order, pursuant to the criteria set forth in Section
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I 380,06(7) (11), Florida Statutes, Any modification or amendment of said
2 development order deemed by the Coniniission to constitute a substantial
3 deviation from its prior approval shall be processed in accordance with the
4 teems of this Ordinance. Any development so approved under the provisions
5 of this paragraph shall not be deemed to constitute a non -conforming use,
6 building or development under the terms of Section 2101 hereof,
SECTION 3406. RESERVED.
SECTION 3407.
REQUIRED PRIOR TO I
7 Officials charged with issuance of permits or licenses for the use of any
8 premises for the conduct of any business, enterprise, occupation, trade,
9 profession, or activity governed by the provisions of this Zoning Ordinance
10 shall not issue such licenses or permits unless the use conforms to the
I I requirements of this Zoning Ordinance. In cases where certificates of use are
12 required by this Zoning Ordinance, no such license or permit shall be issued
13 except upon certification by the Zoning Administrator that a valid certificate
14 of use, accurately representing current zoning status, is in effect.
SECTION 3408. PERMITS OR CERTIFICATES OF USE GRANTED IN ER-
FWK DO NOT AUTHORIZE-M—LATION OF ORDINANCE;_
CO R
IS A building permit or certificate of use issued in error shall not confer
16 any rights to construction or occupancy, and upon a finding that a permit has
17 been so issued, it shall be revoked, provided actual construction has not
18 commenced. _
19 No building permit or certificate of use shall be deemed or construed to -
20 authorize violation of any provisions of this Zoning Ordinance, and such
21 permits or certificates shall be deemed or construed to be valid only to the
i 22 extent that the work authorized is lawful.
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I Issuance of a building permit based upon plans shall not prevent the
2 Zoning Administrator from requiring thereafter correction of errors in such
3 plans. Issuance of a certificate of use based upon application shall not
4 prevent the Zoning Administrator from requiring correction of the application
5 or of any violation of the use regulations of the district.
SECTION 3409, ACTION ON VIOLATIONS; REMI=DIES.
6 the Zoning Administrator shall enforce vigorously the provisions of this
7 Zoning Ordinance, prevent violations or detect and secure their correction,
8 and investigate promptly complaints of violations and report the findings and
9 actions on complaints. If the Administrator shall find that any of the
10 provisions of this Ordinance are being violated, notification shall be made in
I I writing to those responsible, indicating the nature of the offense and ordering
12 the action necessary to correct it.
13 The Zoning Administrator shall order the discontinuance of illegal use
14 of land, buildings, or structures; removal of illegal buildings or structures or
15 of illegal additions, alterations or structural changes; removal of illegal signs;
16 and discontinuance of any illegal work being done, or shall take or cause to be
17 taken any other action authorized by this Zoning Ordinance or the laws of the
18 City or the State of Florida to insure compliance with, and prevent violations
19 of, the provisions of this Zoning Ordinance.
20 If any structure or sign is erected, constructed, reconstructed, altered,
21 repaired, or maintained, or any structure, land, or water is used in violation
22 of any regulation herein contained, the Zoning Administrator or other proper
23 authorities of the City, in addition to other remedies, may institute any
24 appropriate civil action or proceedings in the Circuit Court for Dade County,
25 Florida, to prevent such unlawful erection, construction, reconstruction,
26 alteration, repair, conversion, maintenance or use, and to restrain, correct, or
34-10
I abate such violation, to prevent the occupancy of said structure, land or
2 water, and to prevent any illegal Oct) conduct of business, or use in or about
3 such premises.
5,C TIbN..3410. PENALTIES.
4 Any person, firm, or corporation violating, or failing to comply with
5 requirements of this Zoning Ordinance shall be deemed guilty of a
6 misdemeanor, and upon conviction thereof shall be punished by a fine not
7 exceeding five hundred dollars ($500) or imprisonment for a term not
8 exceeding sixty (60) days, or by both such fine and imprisonment at the
9 discretion of the Court. The owner of any building or premises or parts
10 thereof, where anything in violation of this Ordinance exists or where any
11 requirement of this Ordinance has not been met, and any architect, builder,
12 contractor, or agent of the owner, or any tenant, who knowingly commits or
13 assists in the commission of any violation, shall be deemed guilty of a
14 separate offense. Each day's continuance of a violation shall be deemed a
15 separate offense, punishable on conviction as herein prescribed.
SECTION 3411. RECORDS.
16 The Zoning Administrator shall maintain records of all official adminis-
17 trative actions, and of all violations discovered by whatever means, including
18 all complaints and responses made in regard thereto, with remedial action
19 taken and disposition of cases. Such records shall be public records.
SECTION 3412. FEES AND CHARGES.
20 The City Commission shall establish a schedule of fees and charges for
21 matters pertaining to this Zoning Ordinance. Such schedule shall be posted in
22 the office of the Zoning Administrator. The schedule of fees and charges
23 may be changed by resolution of the City Commission and is not subject to
24 the procedure for zoning amendment set out in Article 35 of this Zoning
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I Ordinance,
2 In establishing a schedule of fees and charges, it is intended that the
3 City of Miami shall not be required to bear any part of the cost of applica-
4 tions or petitions made under this Zoning Ordinance and that the fees and
5 charges to be set shall represent the actual and reasonable cost of required
6 legal advertising, postage, clerical, filing, overhead, and other costs involved
7 in the processing of applications and petitions.
8 No action of any type or kind under this Zoning Ordinance shall be taken
9 on any application or petition until all fees and charges have been paid in full.
10 Applications or petitions initiated officially by the City by its duly
I I authorized agencies or officers are exempt from the payment of the fees and
12 charges that may be set.
SECTION 3413. APPEALS FROM DECISIONS OF ZONING ADMINISTRA-
ARTICLE 35. AMENDMENTS
3501, Intent
3502, Initiation of Applications for Amendment
3502.1. Who May apply
3502.2. Consideration by Boards
3502.3. Submission of Applications for Amendment
3503, Amendments to be Heard by Planning Advisory Board
3504. Amendments to be Heard by Zoning Board
3505. Duties of Receiving Officer or Agent Upon Amendment Proposal
being Filed
3505.1: Determination of Board Jurisdiction; Transmittal
3505.2. Other City Code Requirements
3506. Public Notice
3507. Referral of Applications to Planning Advisory Board for Proposals for
Amendments Required to be Heard by the Zoning Board
3508. Hearings of Boards and Report to City Commission; Time Limits
3508. I. Zoning Board
3508.2. Planning Advisory Board
3508.3. Exception to Time Limits
3509. Nature and Requirements of Zoning Board Report to City Commission
3510. Nature and Requirements of Planning Advisory Board Report to City
Commission
3511. Status of Board Reports and Recommendations
3512. City Commission Action on Board Reports
3512.1. Public Hearing Required
3512.2. Requirement where Planning Advisory Board or Zoning Board
Report is Adverse to Proposed Amendment
3513. Failure of City Commission to Act
3514. Limitations on the Rezoning of Property where Application is
Initiated under Section 3502.1 (e)
3514.1. Size Limitation
3514.2. Limitation on Further Consideration after Denial
3514.3. Limitation on Further Consideration after Change
3514.4. Waiver of Time Limits
3515. Requirements Concerning Changes in Original Proposals after Pro-
cessing Begins
3515.1. Changes Prior to Notice of Hearing
3515.2. Changes Subsequent to Notice of Hearing, Prior to Hearing, or at
Hearing
3515.3. Changes During Planning Advisory Board, Zoning Board, or
Commission Consideration
3515.4. Procedure Where Substantial Changes are Proposed
0
ARTICLE 35, AMENDMENTS
SECTION 3501. INTENT.
I This Zoning Ordinance, and the Official Zoning Atlas and Official —
2 Schedule of District Regulations which are a part thereof, may from time to
3 time be amended, supplemented, changed, or repealed. It is the intent of this
4 Article that the Planning Advisory Board and the Zoning Board will each
5 serve as advisory and recommendatory instruments to the City Commission
6 for the specific categories of amendments for which each is responsible and
7 in the manner herein set out.
SECTION 3502. INITIATION OF APPLICATIONS FOR AMENDMENT.
3502.1. Who MaX Apply.
8 Except as otherwise limited by this zoning ordinance, applications for
9 zoning amendments may be made by:
10 (a) City Commission
I I (b) Planning Advisory Board
12 (c) Zoning Board
13 (d) Any other department or agency of the City
14 (e) Any person other than those listed in (a-d) above; provided, no
15 person in this category (e) shall apply for an amendment for the rezoning of
16 property except an owner or agent or attorney for an owner.
3502.2. Consideration by Boards.
17 All applications for zoning amendments shall be considered either by
18 the Planning Advisory Board or the Zoning Board, as may herein be required,
19 in the manner herein set out.
3502.3. Submission of Applications for Amendment.
10 20 All applications for zoning amendments, whether required to be heard
35-1
I first by the Planning Advisory Board or first by the Zoning Board, shall be
2 submitted in writing to the officer or agent designated by the City Manager.
3 Applications under Section 3.502.1 (e) shall contain a notarized statement by
4 the owner of the property or his attorney that the facts as represented in the
5 application are true and correct to the best of the owner's knowledge or that
6 of his attorney or ngent. Ali applications shall ocr'ornpanied ail
7 pertinent information required by ihis Zoning Ordinance and whicl; may I -XI.
8 required for proper consideration of the motter, (itn q %vith thc:, payment of rail
9 required fees and charges.
SECTION 3503. AMENDMENTS TO BE HEARD BY PLAN(,,DING ADV15t'RY
BOARD.
10 The Planning Advisory Board shall have responsibility for holding public
I I hearings and making recommendations thereon to City Commission where the -
12 proposed amendments are initiated by agencies in Section 3502.1
13 (a) through (d).
.SECTION 3504. ANhENDMENTS TO BE HEARD BY ZONING BOARD.
14 The Zoning Board shall have responsibility for holding public hearings
15 and making recommendations thereon to City Commission where the proposed
16 amendments are initiated by persons under Section 3502.1 (e). The Zoning
17 Board shall hear applications for amendments made by owners or agents for
18 the rezoning of individual properties.
SECTION 3505. DUTIES OF RECEIVING OFFICER OR AGENT UPON
BEINGAMENDMENT PROMSTL L
3505.1. Determination of Board Jurisdiction; Transmittal.
19 Upon the filing of an application for amendment to this Zoning
20 Ordinance, the officer or agent designated by the City Manager shall
21 determine whether the proposed amendment is required to be heard by the
22 Planning Advisory Board under Section 3503 or by the Zoning Board under
35-2
I Section 3504. the officer or agent shall transmit promptly to the
2 Departments of Planning, Law, Building, and public Works all papers and
3 supporting documents which relate to the proposal for amendment, together
4 with a staternent that the proposed amendment is required to be heard by the
5 Planning Advisory Board or the Zoning Board, as the case may be.
3505.2. Other City Code Requirements.
6 In connection with the hearings required to be held on zoning amend-
7 ments, the officer or agent designated by the City Manager shall perform
8 those functions set out in Chapter 2, Division 9, Sections 2-148, 2-149, and 2-
9 151, Chapter 62; and other appropriate sections of the Miami City Code.
SECTION 3506. PUBLIC NOTICE.
10 No recommendation to the City Commission shall be made by the
I I Planning Advisory Board or the Zoning Board, as the case may be, regarding
+� 12 amendments to this Zoning Ordinance without notice of public hearing being
13 given in the following manner:
14 (a) Amendments to the Official Zoning Atlas initiated under 3502.1
15 for public hearing before the Planning Advise-y Board or Zoning
16 Board shall be noticed as set out in Section 62-55 (1) (2) (3) and
17 (4)of the Miami City Code.
18 (b) Any amendment or addition to the text or the Official Schedule of
19 District Regulations of this Zoning Ordinance for public hearing
20 before the Planning Advisory Board shall be noticed as set out in
21 Section 62-55 (1) and (4) of the Miami City Code.
SECTION 3507. REFERRAL OF APPLICATIONS TO PLANNING ADVISORY
HEARDBOARD FOR PROPOSALS FOR AMENDMENTS REQU=
TO BE N
22 All applications for amendments required to be heard by the Zoning
23 Board shall be referred to the Planning Advisory Board and the Planning
35-3
I Advisory Board may, but is not required to do so, make such report,
recommendation, and advice in writing to the Zoning Board as it may deern
3 appropriate in the case. The Planning Advisory Board shall not be required to —
I+ hold a public hearing prior to giving such report, recommendation or advice,
5 but such report, recommendation, or advice shall not be authorized other than
6 in a public meeting of the Planning Advisory Board where such itern is a part
j
7 of a previously prepared agenda of the Planning Advisory Board. The public
t3 hearing scheduled before the Zoning Board, and the recommendation of the
X
9 Zoning Board to the City Commission in the matter, shall not be delayed or
10 recessed because no report, recommendation, or advice from the Planning
I I Advisory Board has been received in the matter, except upon request from
12 the Planning Advisory Board for such delay and the vote of riot less thort a
13 majority of the total membership of the Zoning Board to that effect. Lack of
14 a report, recommendation, or advice in the matter by the Planning Advisory
15 Board shall not be deemed by the Zoning Board as constituting either Planning
i Advisory Board approval or disapproval of the proposed amendment.
SECTION 3508. HEARINGS OF BOARDS AND REPORT TO CITY COMMIS-
SION; TIME LIMITS.
3508.1. Zoning Board.
Public hearings required before the Zoning Board, shall be held within
18 sixty (60) days from the date the application for amendment is filed in the
19 office of the officer or agent designated by the City Manager. Unless a
20 longer time be mutually agreed upon in the matter by the Zoning Board and
21 the City Commission, the Zoning Board shall file its recommendation within
2.2 thirty (30) days, or lacking a quorum, within forty-five (45) days after the
23 public hearing has been scheduled before the Zoning Board. (See Section
24 3508.3 below.)
3508.2. Planning AdvisorX Board.
35-4
A
t
I Public hearings required before the Manning Advisory Board shall be
2 held within sixty (60) days after the proposal for amendment has been filed in
3 the office of the officer or agent designated by the City Manager, Where
4 reports of the Planning Department or other departments of the City are
5 requisite to proper consideration of the matter, the proposal for amendment
6 shall not be set for public hearing and the time requirement of this paragraph
7 shall not run until such reports have been certified by the appropriate City
8 Department head as being completed or ready for use in the matter. Unless a
9 longer time be mutually agreed upon in the matter by the Planning Advisory
i0 Board and City Commission, the Planning Advisory Board shall file its
I I recommendations with the City Commission within thirty (30) days, or lacking
12 a quorum, within forty-five (45) days after the public hearing has been
13 scheduled before the Planning Advisory Hoard. (See Section 3508.3 below.)
3508.3. Exception to Time Limits.
14 The time limits set out in Section 3508.1 and 3508.2 shall not include
15 any day of the month of August.
SECTION 3509. NATURE AND REQUIREMENTS OF ZONING BOARD RE-
PORT
L
16 When pertaining to the rezoning of land under application made under
17 Section 3502.1(e), the report and recommendations of the Zoning Board shall
18 show that the Zoning Board has studied and considered, where applicable,
19 whether or not:
20 (a) The proposed change would be in conformity or in conflict with
21 the adopted Miami Comprehensive Neighborhood Plan, or portion
22 or portions thereof, or would require substantial modification of
23 the adopted comprehensive plan, or portion or portions thereof;
214 (b) The proposed change is contrary to the established land use
25 pattern,
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(c) The proposed change would create an isolated district unrelated to
adjacent and nearby districts;
(d) the change suggested is out of scale with the needs of the
neighborhood or the City;
(e) The proposed change would materially alter the population density
pattern and thereby increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change;
(g) Changed or changing conditions make the passage of the proposed
change necessary;
(h) The proposed change will adversely influence living conditions in
the neighborhood;
(i) The proposed change will create or excessively increase traffic
congestion or otherwise affect public safety;
(j) The proposed change will create a drainage problem;
(k) The proposed change will seriously reduce light and air to adjacent
areas;
(1) 'The proposed change will adversely affect property values in the
adjacent area;
(m) The proposed change will be a deterrent to the improvement or
development of adjacent property in accord with existing regula-
tions;
(n) The proposed change will constitute a grant of special privilege to
an individual owner as contrasted with protection of the public
welfare;
(o) There are substantial reasons why the property cannot be used in
accord with existing zoning;
35-6
L,
I (p) It is impassible to find other adequate sites in the City for the
2 proposed use in districts already permitting such use.
SEC 12N 3510.
101
3 For hearings required to be held by the Planning Advisory Board, the
4 report and recommendations of the Planning Advisory Board to City Com-
5 mission shall show.-
6 (a) When pertaining to the rezoning of land where application has
7 been initiated under categories (a) through (d), Section 3502.1,
8 that the Planning Advisory Board has considered such of the
9 factors set out in Section 3509 above as may be applicable in the
10 case;
I I (b) Where pertaining to other proposed amendments of this zoning
12 ordinance that the Planning Advisory Board considered and
13 studied:
14 I. the relationship of the proposed amendment to the purposes
15 and objectives of the Miami Comprehensive Neighborhood
16 Plan, or portion or portions thereof, with appropriate
17 consideration as to whether the proposed change will further
18 the purposes of the comprehensive planning program, this
19 Zoning Ordinance, and other City codes, regulations, and
20 actions designed to implement the comprehensive planning
21 program and the adopted comprehensive plan; and
22 2. the need and justification for the proposed change.
SECTION 3511. STATUS OF BOARD REPORTS AND RECOMMENDATIONS.
23 The reports and recommendations of the Planning Advisory Board or the
24 Zoning Board required by Sections 3508, 3509, or 3510 above, as the case may
25 be, shall be advisory only and shall not be binding upon the City Commission.
35-7
I in its deliberations on the reports and recommendations in the actions that it
2 may take in regard to them, the City Commission shall consider such of the
3 requirements of Sections 3509 or 3510 as may be applicable to the particular
4 matter before it,
SECTION 3512. CITY COMMISSION ACTION ON BOARD REPORTS,
3512.1. Public Hearing Required,
5 Upon receipt of the report and recommendations regarding amendments
6 to the Zoning Ordinance by the Planning Advisory Board or the Zoning Board,
7 as the case may be, the City Commission shall hold a second public hearing
8 with notice being given in the following manner:
9 (a) Amendments to the Official Zoning Atlas shall be noticed as set
10 out in Section 62-55 (1) (2) (3) and (4) of the Miami City Code,
I 1 (b) Any amendment or addition to the text or the Official Schedule of
12 District Regulations of this Zoning Ordinance for public hearing
13 shall be noticed as set out in Section 62-55 (1) and (4) of the
14
Miami City Code.
3512.2. Requirement Where Planning AdvisorX Board or Zoning Board
eport is Adverse to Proe2sed Amendment.
15 In the case of all proposed changes or amendments, if the recommenda-
16 tion of the Planning Advisory Board or the Zoning Board, as the case may be,
17 is adverse to the proposal, such changes or amendments shall not be adopted
18 except by the vote of at least three (3) members of the City Commission.
SECTION 3513. FAILURE OF CITY COMMISSION TO ACT.
19 If a recommendation of the Planning Advisory Board or the Zoning
20 Board, as the case may be, is not legislatively decided within ninety (90) days
21 of the date of its receipt by the City Commission, the application upon which
22 the report and recommendation is based shall be. deemed to have been denied;
35-8
I provided, the City Commission may refer the appllcation to the Planning
2 Advisory Board or the Zoning Board, as the case may be, for further study. In
3 case of such reference, the City Commission shall set a date certain for the
4 return of a board report to the City Commission. No day of the month of
5 August shall be counted in the administration of this Section.
SECTION 3514. LIMITATI.ONS _ON THE REZONING OF P
6 For applications initiated or proposed under Section 3502.1 (e), the
7 following limitations shall apply:
3514.1. Size Limitation.
8 Except where the proposal for the rezoning of property involves an
9 extension of an existing district boundary, no change in the zoning classifica-
10 tion of land shall be considered which involves less than forty thousand
11 (40,000) square feet of net land area or two hundred (200) feet of street
12 frontage.
3514.2. Limitation on Further Consideration After Denial.
13 Whenever the City Commission has denied an application for the
14 rezoning of property, the Zoning Board shall not thereafter:
15 (a) consider any further application for the same rezoning of any part
16 or all of the some property for a period of eighteen (18) months
17 from the date of such action;
18 (b) consider an application for any other kind of rezoning on any part
19 or all of the some property for a period of twelve (12) months
20 from the date of such action;
3514.3. Limitation on Further Consideration After Change.
21 Whenever the City Commission has changed the zoning classification of
22 property by amendment, the Zoning Board shall not thereafter consider any
35-9
I petition for rezoning of all or any part of the same property for a period of
2 eighteen (18) months from the date of such action.
3514.4. Waiver of Time Limits.
3 The time limits set by Section 3514.2 and 3514.3 may be waived by a
4 vote of not less than three (3) members of the City Commission when such
5 action is deemed necessary to prevent injustice or to facilitate development
6 of the City in the context of the adopted comprehensive plan, or portion or
7 portions thereof.
SECTION 3515. REQUIREMENTS CONCERNING CHANGES IN ORIGINAL
APPLICATI NSA TER PROCESSING BEGINS.
8 The following limitations and requirements apply where changes are
9 made in original applications for amendment after processing begins:
3515.1. Changes Prior to Notice of Hearing.
10 By mutual agreement between the director of the Department of
I I Planning and other affected parties, substantial changes in original applica-
12 tions may be made prior to publication of notice of hearing; provided, that
13 where such changes require major alteration of Department of Planning
14 reviews and recommendations already prepared and based on the original
15 application, a second application fee shall be required.
3515.2. Chances Subseauent to Notice of Hearing, Prior to Hearin or at
riearin .
16 After notice of public hearing before the Planning Advisory Board,
17 Zoning Board, or City Commission, as the case may be, has been given, no
18 change shall be made in the original application for zoning amendment which
19 would have the effect of creating substantial differences between the matter
20 advertised and the matter upon which hearing is actually held.
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3515.3,
t.VI1[fi1115JIU11 %.-VIIJIUCFUIJUIii
Upon completion of the public hearing by the Planning Advisory Board,
Zoning Board, or City Commission, as the case may be, no proposed
amendment shall be recommended or adopted, as the case may be, which is
substantially at variance with the proposal upon which the public hearing was
held.
3515.4. Procedure Where Substantial Changes Are Proposed.
Where substantial changes are proposed;
(a) subsequent to the notice of public hearing, prior to public
hearing, or at the public hearing, (Section 3515.2 above); or
(b) after the public hearing but before recommendation or
adoption, as the case may be, has been made (Section 3515.3
above),
such proposed changes are to be treated as a proposed new amendment and
subject to the applicable procedures and standards of this Article as for
proposed new amendments.
35-11
ARTICLE 36. 0E7INITIONS
3600, General
3601. Citation to Specific Definitions
3602. Specific (Definitions are in Alphabetical Order)
ARTICLE 36. PI 1 INITIONS
SECTION 3600, GENERAL.
I For the purposes of this Zoning Ordinance, certain terms or words used
2 herein are defined and shall be interpreted as follows:
3 The word "person" includes a firm, association, organization, partner-
4 ship, trust, company, or corporation as well as an individual.
S The present tense includes the future tense, the singular number
6 includes the plural, and the plural number includes the singular.
7 The word "shall" is mandatory. The work "may" is permissive.
8 The words "used" or "occupied" include the words "intended;' "desian-
9 ed," or "arranged to be used or occupied."
10 The word "lot" includes the words "plot," "parcel," or "tract."
I I The word "structure" includes the word "building" as well as other things
12 constructed or erected on the ground, attached to sornething having location
13 on the ground, or requiring construction or erection on the ground.
14 The word "land" includes the words "water," "marsh," or "swamp."
SECTION 3601. CITATION TO SPECIFIC DEFINITIONS.
15 Because future amendment of this Zoning Ordinance will sometimes
16 require the addition of new definitions, changes in existing definitions, or
17 deletion of definitions, the specific definitions of Section 3602 are not
18 numbered and are, and are to be, listed in alphabetical order. Citations are
19 to be made to Section 3602 and the specific definition involved.
SECTION 3602. SPECIFIC.
20 AccessorX Use or Structure. An accessory use or structure is a use or
21 structure customarily incidental and subordinate to the principal use or
22 structure and, unless otherwise specifically provided, located on the same
23 premises. "On the same premises" shall be construed as meaning on the some
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I tot or on a contiguous lot in the some ownership. Where a building is attached
2 to the principal building) it shall be considered part thereof, and not an
3 accessory structure.
4 Actual Construction. See Sec. 3405.1.2.
5 Adult. See Sec, 2037.2.
6 Adult Bookstore. See Sec. 2037.2
7 Adult Escort Service. See Sec. 2037.2
g Adult Entertainment or Service Establishment. See Sec. 2037.2
3 Adult Massage Parlor. See Sec. 2037.2
10 Adult Motion Picture Theater. See Sec. 2037.2
11 Adult Private Dancing. See Sec. 2.037.2
12 Alley. An alley is any thoroughfare or passageway (not officially
13 designated as a street) designated as an alley by a recorded plat, deed, or
14 legal instrument, to be a secondary means of vehicular access to the rear or
15 side of properties otherwise abutting on a street.
16 Alterations Structural. Structural alterations are any change, rernoval,
17 replacement, reinforcement or addition of beams, ceiling and floor joists,
18 reinforced concrete floor slabs (except those on fill), load bearing partitions,
19 columns, exterior walls, stairways, roofs, corridors or other structural
20 materials used in a building that supports the said beams, ceiling and floor
21 joists, load bearing partitions, columns, exterior walls, stairways, roofs, or
22 structural materials used in the building or structure. The term is applicable
23 to any building or structure or any part thereof, whether or not permanent or
24 temporary shoring is used during construction and whether or not additions to
25 or rebuilding the major portion of an existing building is being accomplished.
26 A artrnent. See Dwelling, Multifamily.
21 Apartment Hotel. An apartment hotel is a building or group of buildings
28 on the some premises used in part as a hotel and in part as a multifamily
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I
dwelling. Such establishments may furnish dining room service.
2
Arcade. An arcade is a covered pedestrian way within a building or
3
along the side of a building, which may provide access to shops along one or
4
both sides.
5
Area, Gross Land of PD-H Districts, See Sec. 2012,1.
6
Area? Residential Land. See Sec. 2012.2
7
Area of a Lot. See Lot, Regular, Net Area; Lot, Regular, gross area;
8
Lot, Irregular, area of.
9
Automobile Wrecking or Automobile Wrecking Yard. The term
10
automobile wrecking or automobile wrecking yard, shall mean the act of, or
I i
premises used for, the dismantling, crushing, shredding, or disassembling of
12
used motor vehicles or trailers, or the storage, sale or dumping of dismantled,
13
partially dismantled, obsolete, or wrecked vehicles or their parts.
14
Automotive Service Station. An automotive service station is an
15
establishment whose principal business is the retail dispensing of automotive
16
fuels and oil and where grease, batteries, tires, and automobile accessories
17
may be supplied and dispensed at retail, principally for automobiles and not
18
for trucks (or in connection with a private operation where the general public
19
is excluded from the use of the facilities), and where in addition the following
20
services may be rendered and sales made, and no other:
21
a. Sales and servicing related to spark plugs, batteries, and distributors
22
and distributor parts;
23
b. Tire servicing and repair, but not recapping or regrooving;
24
c. Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses,
25
floor mots, wiper blades, grease retainers, wheel bearings, mufflers, shock
26
abosorbers, mirrors, and the like;
27
d. Provision of water, supplements for radiator fluids, and the like;
db
28
e. Washing and polishing, limited to facilities for washing one car at a
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I timer and sale of automotive washing and polishing materials, but not the
2 operation of car washes;
3 f. Providing and repairing fuel pumps and lines;
4 g. Minor servicing and repair of carburetors;
5 h. Minor servicing of automotive air conditioners, not involving
6 removal of units;
7 i. Emergency wiring repairs;
8 j. Adjusting and emergency repair of brakes;
9 k. Minor motor adjustments not involving removal of the head or
10 crankcase;
11 I. Greasing and lubrication;
12 m. Sales of cold drinks, candies, tobacco, and similar convenience
13 goods for service station customers, but only as accessory and incidental to
14 the principal business operation;
15 n. Provision of road maps and other informational material to
16 customers; provision of restroom facilities.
17 Uses permissible at an automotive service station do not include major
18 mechanical and body work, straightening of frames or body parts, steam
19 cleaning, painting, welding, storage of automobiles not in operating condition,
20 operation of a commercial parking lot or commercial garage as an accessory
21 use, or other work involving undue noise, glare, furnes, smoke, traffic
22 congestion or other characteristics to an extent greater than normally found
23 in properly operated automotive service stations. For purposes of this zoning
24 ordinance, an automotive service station is distinguished from a repair
25 garage, parking lot or commercial parking garage, body shop, car wash, truck
26 stop, or sales or rental agency for automobiles, trucks, trailers, or other
27
equipment, both as a
primary use
and in
relation to permissible activities;
28
bit, in districts in
which such
other
establishments or activities are
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i specifically permitted, they may also include part or all of the facilities and
2 services provided by automotive service stations.
3 Awnin . See Sec. 2008.3.
4 Bar,,Cocktail. Loun e Tavern, or. Saloon. A bar, cocktail lounge, or
5 saloon is any establishment devoted primarily to the retailing and on premises
6 drinking of malt, vinous, or other alcoholic beverages or any place where any
7 sign visible from public ways is exhibited or displayed indicating that
8 alcoholic beverages are obtainable for consumption on the premises.
g Base Building Line. A base building line is where mapped street lines
10 have been officially established in such a manner as to fall within the bound-
) i aries of lots; the lines so established shall be termed base building lines, and
12 shall be used instead of the lot lines adjacent to streets in determining
13 minimum yard requirements.
14 Blank Masking. See Sec. 2025.1.3.
15 Boarding House. A boarding house is an establishment where meals are
16 regularly prepared and served for compensation for five (5) or more persons,
17 and where most of the food is placed upon the table family style, without
18 service or ordering of individual portions from a menu. Boarding houses may
19 also provide lodgings for compensation.
20 Buildable area. See Sec. 2005.9.
21 Building. A building is any structure, either temporary or permanent,
22 having a roof impervious to weather, and used or built for the shelter or
23 enclosure of persons, animals, chattels, or property of any kind. This defini-
24 tion shall include tents, awnings, cabanas, or vehicles situated on private
25 property and serving in any way the function of a building but does not
?6 include screened enclosures not having a roof impervious to weather.
27 Building Line. The building line is the inner edge of any required yard
28 or required setback, and the corresponding outer edge of the buildable area.
36-5
I Except as specifically provided by these regulations, no portion of any
2 building or structure may be extended to occupy any portion of a lot outside
3 its building lines.
4 Bulletin Board, See Sec, 2025.1,16.
5 Bulletin Board, Community or Neighborhood. See Sec. 2025.1.16.1.
6 Cano . See Sec, 2008.3.
7 Car Space. See Sec. 2012.7.
8 Car Space, OccuL)ant. See Sec. 2012.7.1.1.
9 Car Seace, Total. See Sec. 2012.7.1.2.
10 Carport. A carport is a portion of a principal residential building or a
I l building accessory to a residential use designed to be used for shelter of
12 motor vehicles, unenclosed at the vehicular entry side and for an area at least
13 equal to twenty percent (20%) of the area of the outer surface of walls which
14 might otherwise be constructed along its entire remaining perimeter. Where
15 enclosure exceeds this amount, the shelter shall be construed to be a garage.
16 Catering Service, Industrial. An industrial catering service uses
17 vehicles equipped to transport food to be sold directly from such vehicles.
18 Catering Service, Social or Home. A social or home catering service
19 provides food and incidental service for a social affair or for a private
20 dwelling, but does not use commercial vehicles that are equipped in any
21 manner for the purpose of transporting food to be sold directly from such
22 vehicles.
23 Change of Occupancy or Change of Use. The terms "change of occu-
24 pancy" or "change of use" shall mean a discontinuance of an existing use and
25 the substitution therefor of a use of a different kind or class. Change of
26 occupancy or change of use is not intended to include a change of tenants or
27 proprietors unless accompanies by a change in the type of use.
28 Child Care Center. A child care center is an establishment where four
36-6
1 (10 or more children, other than the members of the family occupying the
2 premises, are cared for on a part-time basis away from their own home by
3 day or by night. the term includes day nurseries, kindergartens (other than in
4 connection with other schools), day care centers or services, day care
5 agencies, nursery schools, play schools, and similar care facilities primarily
6 for pre-school children. the term does not include foster homes, group
7 homes, rehabilitation or detention centers, orphanages, or other places
8 operating primarily for remedial care.
9 Clinic, Medical or Dental. A medical or dental clinic is an
10 establishment where patients, who are not lodged overnight, are admitted for
I I examination and treatment by one person or a group of persons practicing any
12 form of the healing arts, whether such persons be medical doctors,
13 chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, —
14 or any such profession, the practice of which is regulated by the State of
15 Florida. A public clinic is one operated by any governmental organization for
i6 the benefit of the general public. All other clinics are private clinics.
17 Club, Night. A night club shall mean a restaurant, dining room, bar, or
18 other similar establishment providing food or refreshments wherein paid floor
19 shows or other forms of paid entertainment are provided for customers as a
20 part of the commercial enterprise.
21 Club, Private. See Private Clubs,
22 Commercial Vehicle. A commercial vehicle is any vehicle designed,
23 intended or used for transportation of people, goods, or things, not including
24 private passenger vehicles and trailers for private non-profit transport of
25 goods and/or boats.
26 Conforming Lot. See Lot, Conforming.
27 Construction Actual. See Actual Construction.
28 Convalescent Home. See Nursing Home.
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I
�'onvenience, Establishment. A convenience establishment is one
2
serving daily or frequent needs for commodities or services. Such
3
establishments may be primary uses, as in the case of small grocery stores
4
open for extended hours, or accessory uses, as in the case of eating and
5
drinking establishments, news stands, beauty shops, or barber shops located in
z
6
hotel or apartment buildings.
7
Corner Lot. See Lot, Corner.
8
Court. See Sec. 2005.8.
9
Court' Inner. See Sec. 2013.6.1.1.
10
Court, Outer. See Sec. 2013.6.1.2.
1
Coverage of a Lot. See Lot Coverage.
12
Covered Open Space, See Open Space, Covered.
13
Day Care Center. See Child Care Center.
14
Drive -In Establishments and Facilities. A drive-in establishment or
15 facility is any place or premises on which, or any facilities by which, cus-
16 tourers are served in automobiles. The term includes drive-in banks or teller
17 windows, drive-in eating and drinking establishments, drive-in theaters, drive-
18 in windows at liquor or other stores, or at laundry and dry cleaning agencies,
19 car washes, and similar facilities. For purposes of these regulations, although
20 having characteristics as indicated above, automotive service stations are
21 subject to other special requirements and controls, and are not to be
22 construed as subject to controls and requirements applying to the drive-in
23 establishments defined above as a class.
24 Drive-in Restaurant. See Restaurant, Drive -In.
25 Dwellin2, Detached. A detached dwelling is a building containing only
26 one or two (2) dwelling units entirely surrounded by yards or otherwise
27 spatially separated from other buildings.
28 Dwelling, Mobile Home. A mobile home is a factory -fabricated, trans-
q
'porl(OhO)Ie, &tochf,,d 4,'vvdhnu fx"ArMed on o chrisso fm ImT!"npq A ips,
p(,,rintion (ind cls i?)ne(! rirvi in!eridc-d f,,I,- jonj tf-'r,T)
W- At where [Aced W me, 14 fro`: A tr uiler is riot I(s jvj j)rvLv v d
itiobilk,-,, hr"ne. Or Vmpmes of these rugulaiirms, noyp ly"non Q;n r1q,
dwellir, (irp to he o
(morlineni b"-lildil!q i"
lhree (3) or -,iore z
j
W q n (a, ull lily. i" o'no-frin-lily on
dvqcllin1,j a Contoin;nq only on , unit. I ho
iniclodinq such speciWized forms to one -family cWtudaY, cir"Q,vn(jv i -K-
detacll',A, (Ind puiiC r, ,t , ; i
the, like). For pori..)oses ref New requintio", the tern is not to to ,
i"4
t(,-) include mobile horns or 'rovei trailers, Muskmal, vx- Mel- 4-nmr, i n!
I-)
40
)11tz..liiliilCJ maxwed on self-propellod of living quarter%, housinq
tenth or ANY jorns of VnIvA ury or portable Musing, rih W Nip,
un of dl,,ve.-dliriqs or le'doir-Ig.s.
sernkd(-'toched dw(,`Mng is -I Lir
c'nninining, only Gne or two (2) dwelling iNts, sepa,—�ited froo-n onj:,, on�
2)
r-)oilding ord; me ow I= (2) dwelling units !y a paro vW1 v"Hvm,,l
opeflin(j," on h,�iviny a separate Wt With at least Wo
dkrleisi-,)n;, required bv MCA reclulations for surl) huildinqy, or y)
located rui Nid in the smmovvnership fhot such lots could :Jr-' provid,,i.
e I j i n i i I v. A two-family dwelling is a Niking n"itaininq
MY twN Avelling r"O" The tenn is general, McIming such specialimi funWl
sani"Ptached, cuff l two.fondly mr, K-1
gr' tho pirpo%os of lj'R.A: regulation,;, tho ter!rl is [',,ol to llx.�
AcluAr mohile Yvonnh, huilvelvials or o0wr contuinirvi Winq
I f
-)II it t' ,(,)I i I c, r r o ri 1 t:
I- k'f, I -I'; r I c bI i s hlime
Y, ior ()"Alrf),-,f ')ccup,lTW%l (4 1ntcfl or i,_. 1: 0
I A Vv (k v r,t'
I �j V s i c 1 1 f r ot I cr-) o I' I- "r 0 V W e
f �jl i
rin", ('11 T F 1 1,
k)of--. :v O� Ji)� ;If_! I
Aff,ichotf. Atf;icrw,d
d. v e I I i ("J k tri i f ,nt d I A fq. r r I
othor c,l pil tv 'VIJO
k, 'lt the, of
Y
91 1 it 1 1 ..1 f, f
I I I r 1
d t 1 u:, f kj 1�j rl n, yj r p C] tj I
n do.,elli-ri is i r'lit 1 ide d It.-} ppl Y t o r (:-,W f' S
r i f t I I I. I c 3 c) r i r',r e t 3 i 1 1-4 li
0 y K, r, 1 0 r r
iJl. "'icled tho' clf� stic h o , , I Ouildhn,�J (__-ontaining oiore ttian
'f jj, 1 1 jr -i �-�o f l i de. r i-J rn 1_4 i i - f'. i I dwel I ino.
izon t 4-11 r ecess Eft Cl bu !thing (li or 1 'Ott'
w I I U )I �f 1 r Pt:jt j Ons i77 t le 41 1) 1.) J i i c, exl , ending� over i (_�- s 1--xi c e
A
e.;ni-)civrntent is �.OfllefiMeS perinitted as
i W.—d in the.se �requlcjtictns,
f't I X'j
k the emir,,_ wall f f the boddir1q.
jI J i T ttlr,t f Al p y j I I (J S , ['I C.1 I e cl w e I I i r r S 0: i 1� 0 1 J
nt un i s u I I ier f !be -r s (-n e r )y b o or
Ol
31 : , ". I t i
7777777, 777777
. . . . . . . . . .
-n
IN
jnmrioqf-'�j no simh Wily And! contah) over five (5) persons (including
scroxIA but furlhor rwovided as Mom:
r. In (I dwellinq ImO, not mor(,- than two (2) rooms not containing
i!)nf-,-'pendvnt Who) WMAes urRi not 1hysically st�parafed from the dwelling
!;rjit tnoy hP ouvijAed by n total of four (4) or less roomers, who rT)G'y (JISO
lv-)o-,rd with the UK" Four (4) or less 1xx7toiers, including but not necessorily
rustho-IM try im,wrs on We ;wmumps, "my be occonu-nodaied.
h. A knoily mom Ow kclk-)dto group of not more than eight
chile-fren, in o-,Ibtimi 5) foster Inments, msiding In o home caring for foster
chldreot with the Mot numOr of children including natural childrc,() of the
provided 1h(A such horm! is approved by opppropriate strite,
ond/or local qrsOm
Me term Mmily" shall not be. c,onslrowd to-) mean fraternity, sorority,
f.:IiJb, or insliiutionni tjjrok)p.
1 12�)r C*S I UK) t 40. See Sec. 2012.3. 1.
,F,roiernity- 'S! roLtty ' ttident Center. The terins fraternity, sorority or
student center refer to buildings or pardons of buildings constructed and
r"TAMOA pritnurily for frWernity, sorority, or student center purposes.
othe reqdqhm> herein set out is intended to be limited to the,
f%icililks kivolved for zoning purposes Only and does not include
oii..ithorization or control of thf, organization itself.
A cr sorority under His zoning ordinance shall be construed
charterm] by at) appropriate national or state organiza-
';on (Ind tjpproved by Ote educational institution to which it relates. Such
uslAdislanents provide solo! and recreational facilities primarily for student
may provide lodging and/or
(wifl) visits by alurrini and guests) and may
jwr�yoses, student centers operated under religious or
36-11
2
3
4
5
6
1
8
U
'es and approved by the education institution to
other eleemosynary auspi
which they relate shall be construed to fall tinder the same zoning controls <1s
luding applicable controls on dwelling or lodg
fraternities and sororities, incing
12
13
14
{5
16
17
18
19
20
21
22
units involved.
Front Yard. See Yard, Front.
F ronta4e, as Specially Related than Regulation. See Sec. 2025• (•21
2025.1.3.
Gross Area of a (�ecar Lot. See Lot, Regular, gross area.
Grow Hor»es for the Mentally Retarded or Handica ped. Group hornes
for the mentally retarded or handicapped
are lodging facilities for the
mentally retarded or handicapped providing supervision, guidance, and
counselling. For the purposes of this zoning ordinance, such establishments
are divided into two (2) classes, (a) with facilities for less than ten (10)
persons, and (b) with facilities for ten (10) or more persons.
Habitable Rooms. See Rooms, Habitable.
Home for the Aged. See Institution for the Aged.
Home Occupation. A home occupation is an occupation conducted
entirely within a dwelling unit. See also Sec. 2003.5.
Homes for the MentallyRetarded or Handicapd. See Group Homes
for the Mentally Retarded or Handicapped.
Horizon Are. Horizon arc, as used in relation to view protection in
of the horizon (in degrees) involved in
these regulations, means the portion
23 the view being protected.
24 Hotel; Motel. A hotel or motel is a building containing eleven (I I) or
primarily for rental to transients. Where a group of
15 more lodging units, p
2�a building s contains a total of eleven (11) or more lodging units, the lot shall be
27 construed to be in motel or hotel use. '
28 Hotel, Apartment. See Apartment Hotel.
36-12
M
10
2
3
4
5
6
7
8
9
10
VA
13
14
15
16
17
18
19
20
21
Hotel, Residence. See f esidenc^e Hotel.
1--lousinU for the r-kerlf. Sect Ser.. 2017.5.
Inner Court: Sec Sec. 2013.6.1.1
Institution for the A ed (Home for the Aged). An institution for the
aged (or home for the aged) is a facility for the care of the aged with routine
nursing and/or medical care and supervision provided. An institution for the
aged is in the nature of a nursing home, but with clientele restricted to the
aged. An institution for the aged is not to be considered as housing for the
elderly.
Interim Zoning District, Special Public Interest. See Sec. 1900.
Interior Lot. See Lot, Interior.
Irregular Lot. See Lot, Irregular.
.Junk Yard. A junk yard is a place, structure, or lot where junk, waste,
discarded products, salvages, or similar materials such as old metals, wood,
lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc.,
are bought, sold, exchanged, baled, packed, disassembled, stored, or handled,
including used lumber and used building material yards, housewrecking yards,
heavy equipment wrecking yards, and yards or places for the storage, sale or
handling of salvaged house wrecking or structural steel materials. This
definition shall not include automobile wrecking and automobile wrecking
yards, or pawnshops and establishments for the sale, purchase, or storage of
22 secondhand cars, clothing, salvaged machinery, furniture, radios, stoves,
23 refrigerators, or similar household goods and appliances, all of which shall be
24 usable, nor shall it apply to the processing of used, discarded, or salvaged
25 materials incident to manufacturing activity on the some site where such
26 processing occurs.
27 Kindergarten. See Child Care Center.
28 Kiosk. See Sec. 2025.1.16.2.
36-13
I Kitchen _Faci_lities. Kitchen facilities are facilities for preparation of
2 meals, including a kitchen sink.
3 Livability Space, See Sec. 2012.5.1.1.
4 Living_Quarters. Living quarters is a generic term including dwelling
5 units and lodging units.
6 Loading Facility, Offstreet. See Offstreet Loading Facility,
7 Loading Space, Off street. See Offstreet Loading Space.
8 Lodging Unit. A lodging unit is living quarters for a family not
9 containing independent kitchen facilities; provided, however, that dwelling
10 units occupied by transients on a rental or lease basis for periods of less than
II one week shall be considered lodging units even though they contain
12 independent kitchen facilities.
13 Lot. See Sec. 2005.1.
14 Lot, Conforrning. See Sec. 2005.2.
15 Lot, Corner. See Sec. 2006.3.
16 Lot, Interior. See Sec. 2006.3.
17 Lot, Irregular. See Sec. 2005.6.
18 Lot, lrre2ular, Area of. See Sec. 2007. I.
19 Lot, Nonconforming. See Sec. 2005.3.
70 Lot, Regular. See Sec. 2005.5
21 Lot, Regular, Gross Area. See Sec. 2006.2.2.
22 Lot, Regular, Net Area. See Sec. 2006.2. I.
23 Lot, Reversed Frontage. See Sec. 2006.3.
24 Lot, Substandard. See Sec. 2005.4.
25 Lot, Through. See Sec. 2006.3.
26 Lot Area. See definitions for area of regular and irregular lots.
27 Lot Coverage. See Sec. 2005.10.
w
28 Lotting. Lotting is the division of land into lots.
36-14
1 19jor Recreational f��ui >rr;cr�t. Sexy 5ec.. 2020.2.1. See also Trove-1
2 Trailer.
3
Manual of AccecceE12.ble,Practices. See Sec. 201 1.
4
Minimum Proeert Standards. See Sec. 201 1.
5
Mobile Home. See: Dwelling, Mobile Home.
6
Motel. See Hotel; Motel.
7
Multifarnii Use; Multi ale Farrah Wie. For purposes of dett:rtnining
8
whether ca lot is in multifornily or multiple family use, the following
9
considerations shall apply.
10
(I) Multi family uses may involve dwelling units intended to be rented
II
and maintained under central ownership or management, or c�oi:3t°ratilic
12
apartments, condorniniums, and the like.
i3
(2) Where an undivided lot contains more than one building, and C.Ie
14
buildings are not so located that lots conforming to requirements for one or
ti 15
two-family dwellings in the district could be provided, the lot shall be
16
considered to be in multiforn'tly use if it contains three (3) or more dwelling
17
units, even though individual buildings involved moy each contain less than
(8
three (3) dwelling units.
19
(3) Any multifamily dwelling in which dwelling units are available for
20
rental or lease for perioc.fs of less than one week shall be considered a tourist
21 home, motel, or hotel, depending on the number of dwelling and/or lodging
22 units available for periods of less than one week; provided however, that
?3 temporary living quarters for guests of regular tenants may be provided in
24 any multifamily dwelling, with the number of such units limited to ten (10)
25 percent of the number of dwelling units, and subject to other requirements of
26 the district as to lot area per unit, offstreet parking, and the like.
27 Net Area of n R2 afar t,ot. See Lot, Regular, Net Area.
28 Night Club. See Club, Night.
36-15
i Nonconforminq Characteristics of Use. See Sec. 2107.
Nonconforming Lot. See Lot, Nonconforming.
Nonconforming Structures. See Sec. 2106.
4 Nonconforming Use (of Land or Water or Land with Minor Structures
5 only). See Sec. 2103.
r; Non Conforming Use of Mujor Structures or Structures and Premises in
1 Combinotion. See Sec. 2104.
I•donconformities. See Sec. 2101.1. and 2.
' Nursery School. See Child Care Center.
10 Nursing Home or Extended Care FacilitZ. A nursing horne or extended
i I care facility is a private home, institution, building, residence, or other place,
whether operated for profit or not, including those places operated by units of
13 governrrrent, which undertakes through its ownership or management to
14 provide for a period exceeding twenty-four (24) hours, maintenance, personal
15 care, or nursing for three (3) or more persons not related by blood or marriage
In to the operator, who by reason of illness, physical infirmity, or advanced age,
i Y are unable to core for themselves; provided, that this definition shall include
18 homes offering services for less than three (3) persons where the homes are
!? held out to the public to be establishments which regularly provide nursing
20 and custodial services.
21 Occupancy. See Use.
22 Occupant Car Space. See Car Space, Occupant.
23 Office Use. The term office use includes waiting and reception rooms
24 and other rooms and stations necessary to the accomplishment of function for
25 which the office is established.
2� Offstreet Loading Facility. See Sec. 2023.1.
2-1 Offstreet Loading Space. See Sec. 2023.1.
[� Off street Loading Stall or Berth. See Sec. 2023. I.
:36-16
| See 5fc./A1Z.4.1~|^
See 5�c' ZO|2' 4.(.3.
2 U
] O � Pedcmtncn� SecPedextr\un Open Spuon^
d See Sec. 2012°4,1,2,
5 () See Sec. 2075^ |.7.
6 Outer Court. See Court, [)u1er.
7 Parcel. See Lot.
� See Sec. 2_012.5,1.2.
9 l)ilitation Centers. Personal ro\nzbi|itotinn osnteru ore
\O establishments for rehobi\itotion,core, or treatment of (o) persons dnp,lendent
i \ on or makingU`)the mentally handicapped or
exc�ss�vc use of i||ago\ drugs, or ,_'
12 rcto[dcd, or, ((,) persons seeWng to uwith or afflicted �th alcoholism, or `-' /��
13 persons beinq released frn/n prisons or /nentnl institutions or mrderod by
14 appropriate authority to \uch establishments in lieu of incarceration in
15 prisons or mental inshtoi\onu.
16 For purposes of |his zoning ordinance, permcmol rehabilitation centers
17 are not intended to \ndode hospitals, clinics, or offices for general practice
18 of medicine or treatment of rnenio| disorders, nursing o[convalescent homes,
19 institutions nr homes for the aged, or workshops for physically or econonnico\-
20 \y handicapped poronns. So-called "hot line" facilities, where persons being
Z\ oerved',guided, or counselled donot visit the establishment are not included.
22 p| See Sec. 501,
C oicd �ee�ec.9OO,
23 d i) \ / '�
24 Planned Develin.See Sec. 600.
25 P\or d Use. See Sec. 1200,
26 Primar VVn\|s See VVo||s, Primary.
27 Prin-iory Windows. See Windows, Primary.
28 Privote Clubs or Lodocs The terms private club or lodge refer to
'--------
36-|7
t2�tilr�in; a ftY r:>r?rtions of 17t.Jil( ings C�7nSi-j tt?d CJr)c'l reserved prlrTit3rll;r for
crib or lod(ye or frnternol organization pi.irpose.s. Application of the
3 re91J10tion5 set out herein is intended to 1)e limited to the physical facilities
for zoning purposes t)r)1y, cinri c,loc=s riot 1�.rdc, 1►uthorizatic,n or
COtitr+>I of the organization itself. F`or the purpose of this zoning ordinance,
private clubs and lodges shall be construed as being separate and di>tinct
from fraternities and sororities. Privote clubs {ant, iodgen containing dwcrllinq
+trots and/or lodging units ether than for inanogers or other employees 11)e
o
titJbjt-CO to regulations applying to dwellimj or lod(ling uses in additioO I-)
sl cial regulations applvir-lrto such private cl,Jbs and lod(tns, For reguloll)r,.
1 i
purposes, this zoning ordinance distinguishes between private clubs, not for
i?
profit, and privol e clubs for profit.
Rear Yard. See Yard, 1-Zear.
�►
Recreation S 3(3 rc . See Sec. 2012.6.
15
Recreational Equipment tPY r. Sce Major f;ecr(�ntionol Equipment.
16
+�eq lar Lot. See [..of, Regular.
c'
Residence. Hotel. A rr�,si(Jence hotel is a b(jilding or group of buildings
"-'
or) thc: same premises containing in combination eleven (1 I) or more lodging
units available for rental onlyforperiods of thirty (30) days or longer,
provider] however that ternporary lodging units for guests of regular tenants
r i
may be provided in nny residence hotel, with number of such units limited to
'
ten (10) percent of the number of lodging units, and subject to other re:quire-
rnertfss of the district as to lot area r unit ffstreet
per , oparking and the like.
''`►
)i)Ch establishments may furnish dining roorn service.
Residential Floor Area. See Floor Area, Residential.
`'-
1,?estaurant. A restaurant is an establishment where food is ordered
fro-- I rnenu or selected in a cafeteria or from a buffet with food, prepared
and served for pay prifixirily for consumption on the premises in a completely
1U 118
W
40
j rooin, +„+t'ider rt),}I (-)l jilt' rtiuio ``ructure, or in €in interior (_-.ouri. A
t}
drive-in rest:NJrant a.s se,)(7rJte'.ly flefln('i $ilClll i'K'' {:overtied by on- sl')P.Clal
requirements or linlitations f'stublished in relation tl:«_,relo in this ordinance.
} Res taUront l.)riyr! ill. A d ivc. ir1 rt':itl]+Jrt]nt Is 0", l)IacE' or premises
where provision is mc;E,ie can the pi-emises for the selling dispensing, or serving
of food refresh;nerlts, or nor,-cticoholic beverrages in automobiles and/or in
? 01'#_cs oth:!r than in r-, enclosed building on the premises, including
i tf�«se estublishnients whcr€� serv(- thernselves and tnay eat or
9 drink the food, refreshments rN non-"'_t(cohoiic; txsveroges in automobiles on the
l() premises and/or in other- Oiart tl .:arT1{.,ietc iy enclosed [wilding on they premises.
l ► A restaurant which providt's Irivf,i+l facilities of any kind in connection with
12 regular restaurant 51)c311 `x deemed o (,rive -in restaurant under this
1 3 definition. A barbe" que stand �:)r pit hcrvintt th.' characteristics noted in this
14 definition shall be deemed a dri��rf=-in restnurfurt>
15 Reversed F= rontano Lot. S�:Nc Lot, Rlr'.vt-rsed Frontage.
1 i� F2oarninc�F 1rat.rs^ 1_0c1inrq t--louse, A rocmning house or lodging house is a
17 building c:ar�tainirtt! fir :3�r; t1�r�: , i_3') car ;-riotlodging units, for rental for weekly
18 or longer periods, 4viiEi or wi:bout wore d, as distinguished from hotels and
19 tourist homes, where occuponc;° is primarily by transients. Wherea group of
20 bjtidrr;gs Contains o total of 11jrE>o (?) or- more lodging units, the lot shall be
21 construed to be in roomirvi or lodging house use.
22 FRoorns, Hobitabi=:. Sef Sec. 2Q1 3.5.6.1.
23 Seconda�.ls. See Walls, Secondary.
14 Secondary Windows. See Windows, Secondary.
25 Side Yard. See Yord, Side.
26 S i qr . See Sec. 2025. i . I .
27 r3i<.1t"tr 111i3Crus5. `.:sE:' >ec:> ?02 .1.2.5
1Fl St �dvertisin� `e-e Soc. 2025.1.27.
Revolvinfj or Whirlin. See Sec. 2025. 1 .9. 1
)e 202 1 17
`sec. 202 5.1.1 1. 1.
jj(,jj, Cons, rijction. See Sec. 2025.1.27.'i,
nDevelo-iient, See Sec. 2025-1.27.2.
, p
7
See Sec. 2025.1.8.'3,
Related to Fteqclot ion. Secs Frontnge, ns SPeciOl(y
Belated to Sign Regulntic.)n.
rO Sign Ground ( or Freestandinq), See Sec. 2025-I.14.
aging. See 'c,c.202 I.I1.2
i 2 Sign, Murninated. Seri Sec,. 2025.1.8.
3 tecl. See Sec, 2025.1-8-2.
S i2n Illuminated. See Sec, 2025.1-8.1
15 S i�Ln 2 t lot i te, 1. t See Sec. 2025.1-26.
i 6 sic L _L) See t (,-C. 1.6,
sign, Onsite. Sei, I)ec. 202 5. 1 - 5,
Siqn, Outdoor Advertising. See See. 2025.1-7.
Sim Ppitnont or ';tr,-.arner- See Sec. 2025.1-18.
2:J Sim, r Seri Sec. 202 5. 1. 11
See Sec. 2025.1.27.1.
'Sign Loaf. S(,c, Sec. 2025.1.12,
Sio Time (ind Ten-,,perature. See 2025.1.8.4.
Sim Vehi6e- See Sec, 2025.1.15.
Si.Uri, Wall or FI(31. See Sec. 2025.1.10.
Si ^n Window or Door. See Sec. 2025.1.13.
tructure. See SI.c. 2025.1.4.
5iQw,, Area See Sec. 2025.1.3.
of. see 2025.1.7.
7 Sorority. See Frnierni\y; �orori|y;Student ('_'enter.
3 ( See, (_"orJpoce.
� \pacp L ivabilit.L. See Livobi|i1ySpace.
J See [orSpace, {}ccupunt.
6 See ()penspace.
7 See Recreation Space.
8 Space, I-otol Cor. Sep ("or Spnce,Totul,
9 5 i a} E �� /\ special exception is ospeciu| permit 11o, u use
!0 that would not be oppropriolc generally nr without restriction throughout o
(| zoning district but which if controlled on to number, area, iocotion` or
i2 relation to the neiohborhcod, would prcxnote the public, health, xnfc1v^ or
13 vvcl fore. Such uxes mny be percn|u�;ib|c in n zoning district as u xperiol
|4 exception if specific [nuvidon for such spocio/ exception is made /n this
15 zoning ordinance.
|C � i l Permil. See Se(-. 2300^
17 Special Pe nnit C\/uo A 5eeSeo. 2]01.( and Art. 24,
18 Special P if Ous� B. See Sec. 2301.2cmd Art. 34,
|9 C. See Sec. 710|.3and Art. 75,
20 [| O See Sec. 230\.4and Art. Z6^
Z| sdecial Pernlit M
Use. See See. 2801, Sec. 2]0{.5,ond Art. 28.
22 Special Yord.See Yard, Special.
2. 3 5,oecif ied Anatomical Areas. See Sec. 2037.2,
24 c
.3pecifi d Sexual Activities. See Sec. 2037.2,
25 S|rociore. A utructur, is anything constructed or erected, the use of
26 which requires fixed location on the ground or attachment to something
27 having fixed location on the ground.
Z�"' Student CenteSee Fraternity; Sorority; Student 'Center.
36-21
m
S
i f
fl—fw, or jjj—. s
I t (7 t I
V'Jj!tlr OF�t, I -I f
v e! t i it
f Ol Tron,, il f r a i F-
Qpj)!yirlg (!2tQ-Oily
j th- oreo des crii-x2d (-j.s trcmilion ul (if o it
1 7-1, lt' I i o ve i�f fecl of altering prknary d i sl - i- f
(I C CI` (it-) i r n er i t s or n i t at i o rvi ( m .,.s
11 gill buffering or screening, or
r cl k/t i Trk-rilI,r If f f [c,, n zx)r ar y I) w e I I i n(j. or Lod(iin(is. A try v(A or
f�j; pottnble Structuvv built on n chassis, desioned
dv/F.lji-,,q for travei, recreo'llOT) a or vacotion
or v/ h c is not, more lhon okjht (8) feet in holy width; und (2) is
Es not excet,-d thirty (30) feet or is
j, ;r 4.,j c; (1, 1 t S hc) dy i i t d o
�IInqlh it,.-� qro�s f�Jctory t.qjipped for the road, does
JI I
i
ri,,t exceed tarty -five hundred (4500) po+mdsrr Notwithstandirin these
limitationg and for, purposes of these regulations, pick -tip C:arriper.s-, converted
trucks, cnnv('H,_:tf bush's, converled nutuinobiles, tent or pop out Cuirlpers,
i}
tents, or other shortterrn) housing or shelter arrangerrienis rind deviC'e." sha11
`.)
iw ,sidered to tx: included in the terrn travel trailer. Watercraft used for
l;
housing pt,rpose5 shall ;not be included in the term travel trailer. (t,F,,, Vosssel
7
12rivatf� pleasurecr(if Q F-or purposes of these regulations, travel iroilcr's as
H
defined herein are to be construed Cis a separate clas`t of dwellings or
lodgings.
! tt
Uncovered Open Space. . See Open Space, Uncovered.
1 ;
Use. Use (occupancy) us used in this zoning ordinance refers to the ssra
12
of land, structures, and/or premises.
13
Variance. See Sec. 3101.
1i4
Vessel. A ves_,c-I is any watercraft, power -driven or not, mobile or
�w 15
stationary, surfoce, subsurface or hydrofoil, including, but not limited to,
<'
ships, boats, barges, hou,,eboats, air boats, and seaplanes.
!7
Vessel Commercial. A vessel guilt, altered, or used for the principal
18
purpose of engaging in water -related commercial activity, including, but not
i`
lk'nited to, ch ,rter boats, fishing boats, cruise ships, freighters, and barges,
20
W_-ssel Private Pleasure -Craft. Private pleasure -craft vessels (or
2i
private Measure -craft, cis the term is abbreviated in these regulations in most
instonces) carte vessels which are privately owned or leased primarily for
23
recreational purposes. Private pleasure -craft do not include commercial,
24
official, or scientific vessels. For regulatory purposes private pleasure craft
21-1
are divided into two closses:
(a) Minor Jnder sixteen (16) feet in length.
17
(hj Major - Sixtuect (16) feet and over in length.
Private pleasure croft may or may not contain facilities qualifying thern
!(')-23
I
t� dwelling or lodging units. Where they do contain such facilities, use within
the city litnits shall be governed as provided in this zoning ordinance, and
:i
other applicable regulations.
4
Visibility, Material Impediment to. See Sec. 2008.9.1.
5
Walls, Primary, See Sec. 2013.5.6.3.
6
Walls, Secondary. See Sec. 2013.5.6.5.
7
Walls Tertiary_ See Sec. 2013.5.6.
8
Warehouse Mini. A mini warehouse is a building or a group of buildings
9
within a controlled access fenced or walled area, designed to contain space in
10
individual compartments (not to exceed eight hundred (800) square feet)
I I
available to the general public for rent or lease for storage of goods or wares.
12
Windows, Primary. See Sec. 2013.5.6.2.
3
Windows, Secondary. See Sec. 2013.5.6.4.
14
Windows Tertiary. See Sec. 2013.5.6.6.
15
Yard. See Sec. 2005.7.
1
i 6
Yard Front. See Sec. 2006.5.
17
Yard, Rear. See Sec. 2006.5.
18
Yard, Side. See Sec. 2006.5.
Yard, Special. See Sec. 2006.5.
DO
Yard, Waterfront. See Sec. 2006.5.5.
4
36-24
ARTICLE 37. INTrzRPRETATIONI CoNrLICTS
3701► PrOViSiOhS Of Zbhlhg Ordinance Declared to be Minimum or Maximum
Requiferherits
3702, Rule Concerning Conflicts with other Regulations
ARTICLE 37r IN1`ER�'RE "AtION, I=LI, CONTS
...�
`
SECTION 3701, E ROVISIONS OE ZONING. ORDINANCE DECLAREC7_.TO BE
MINIMUM OR MAXIMUM REQUIREMPIM'
I
In their interpretation and applicationf the provisions of this Zoning
2
Ordinance shall be held to be minimum requirements or maximum limitations,
3
as the case may be, adopted for the promotion of the public health, safety,
4
morals or general welfare.
5
SECTION 3702. RULE CONCERNING CONFLICTS WITH OTHER REGULA-
6
T 15N S.
7
Where the requirements of this Zoning Ordinance are at variance with
8
the requirements of any other governmentally adopted statute, rule, regula-
9
tion, ordinance, or code, the most restrictive or that imposing the higher
10
standard shall govern.
I I
It is not intended by this Zoning Ordinance to interfere with, abrogate,
i 12
or annul any easements, covenants, deed restrictions, or agreements between
13
private parties, provided, that where the regulations set out in this Zoning
14
ordinance are more restrictive than such easements, covenants, deed res-
15
trictions, or agreements between private parties, the restrictions of this
16
Zoning Ordinance shall govern.
37-1
ARTICLE 38. RESORT TO REMEDIES; SAVING CLAUSE; SEPARA
BILITY, EFFECTIVE DATE
D
3801. Resort to Remedies
3802. Saving Clause
3803. Separability
3804. Effective Date
L1
ARTICLE 38. RESORT TO. REMEDIES,-SAViNG CLAUSE• SEPARA-
..
SECTION 3801. RESORT TO REMEDIES.
I Nothing herein contained shall prevent the City from taking criminal
2 action under Section 3410 and such other lawful action, including, but not
3 limited to, resort to equitable action, as may be deemed necessary 10
4 prevent, abate, or remedy any violation of this Zoning Ordinance.
SECTION 3802. SAVING CLAUSE.
S Any prosecution or other legal action arising from a violation of ony
6 prior zoning ordinance, code, or regulation of the City of Miami superseded
7 by this Zoning Ordinance, which prosecution or other legal action was pending
8 at the effective date of this Zoning Ordinance, or any prosecution or other
9 legal action begun within one year after the effective date of this Zoning
10 Ordinance in consequence of any violation or application of any limitation of
1 I any prior zoning ordinance, code, or regulation superseded hereby, which
12 violation or application of limitation was committed or begun prior to the
13 effective date of this Zoning Ordinance, shall be tried or determined exactly
II► as if such prior zoning ordinance, code, or regulation had not been superseded.
SECTION 3803. SEPARABILITY.
Is Should any Article, Section, or provision of this Zoning Ordinance be
16 declared by a court of competent jurisdiction to be unconstitutional or
17 invalid, such decision shall not affect the validity of this Zoning Ordinance as
18 a whole, or any part thereof other than the part so declared to be
19 unconstitutional or invalid.
SECTION 3804. EFFECTIVE DATE.
20 This Zoning Ordinance shall take effect 180 days after receipt of
acknowledgment that this ordinance has been filed with the Office of the
2 Secretary of State of Florida as required by law.
40
ffat)E;r: To T y;1
<if i'Itur'cAt 7c, UrUHANCE
ibis bode. to the te.xt o1 the prolosed toning or', inoncp for the City. of Mion-ei is for the convenienre of the user. It does not hove the
affect of lq-'v, 4 fievtl index .vifl f'.x- prepored offer possmp of the orfirionce. by they Comrnission.
In yr my this index; (iI oll references are to Article or Section numbers and not to page numbers.
(2) where a reference is to one or two digits, the reference is to can Article.
(3) where_ a reference is to three or mart digits, the reference is to as ,ection or subsection.
VO it does not index the- proposed Official 5chedale of (district Regulations.
-A _
Access, c;enrnri require -nests, 2t)02; prohlbition of through reside•ntiol
property to corwi rcint activity, 2002, 1,
Accessory use or structure, defined, 3602.
Accessory uses, certificates of use required for u>rtctin, 3403.7.
Acce-ssory use, and struct�.lres, generally, 2001; dwelling or indaing
occupancy prohibited unless specifically permitted, 2003.1; accessory
h,rildings to be constructed concurrently with or after erection of
principal building, 2003,2; spacing requirements for accessory boild-
ings, 2003.3; limits on location, 2003.4; horse occupations as, 200-1.5;
perrnaricnt octive recreation facilities, 2003.6; convenience esloblish-
,raants as acessory to residential or office rises, 2003.7.
Accessory uses and structures, in PD-H Jislricts, 605.2; in I'D-H(
districts, 902; in PD-MU districts, 1202.2.
Accessory uses, major recreational equipment, 2020.2.2,
Actual construction, defined, 3405.1.2.
Administration of ordinance, 34.
Aclrninistrotor. `lee Zoninq odminisirotnr.
Adult, defined, 2037.2(o).
Adult entertuinment or services, 2037; intent, 2037.1; definitions of:
odolt, ndvlt entertainment or service: or service establishinent,
s;ae,-cified onotonaicol areus, specified sexual activities, 2037.2; limits
on such establishrnentst 2037.3; discontinuance or ohandonment,
2037.4.
Adult entertainment or service easlublishment, drfineci, M37.2 (h).
Ad,rlt bookstore, defined, 2037.2 (h).
Adult escort service, defined, 2037.2 (b).
Adult massage parlor, defined, 2037.2 (b),
Adult rnot ion picture theater, defined, 2037.2. (b).
Adult private danc..inq, defined, 2037.2 (h).
Alleys, as baundories of zoning districts, 315.), 3t5.2.
Amendments, generally, 15; intent, 3501, initiation, of applications,
3502; who may npply, 3502.1; consideration by boards, 3502.2, 3502. ;
o,nendrnents to be heard by Planning Advisory Hoard, 3503; (vmend-
ments to be heard by Zoning Hoard, 3504; duties of receiving officer
an application being filed, 3505; determination of board jurisdicition,
3505.1; other City rode requirements, 3505.2; notice, 3506; referral
of applications to Planning Advisory Board of applications to be heard
by Zoning Roord, 3507; hearing by boards and reports, 3608, noture
and requirements of Zoning Board report to Commission, 3509; nature
of report of Planning Advisory hoard to Cwnmission, 3510; status of
report, 3511; Con") ,iSsiata action on IxrarcJ reports, 3512; failure of
Commission to act, 3Sf 3; limitations on rezoning of property, 3514;
size limitations, 3514.1; limitations on further consideration after
denial, 3514.2; c onsiderotion after change, 3514.3; waiver of tirne
limits, 3514.4; requirements concerning changes in applications after
processing begins, 3515; changes prior to noti,,,. cif hearing, 3515.1;
changes subsequent to notice of heoring, prior to hearing, or at
hearing, 3515.2; changes during board or Commission consideration,
3515.3; procedure where substantial changes are propasf�d, 3515.1,.
Annexation, effect of on zoning, 315.3.3.
Aportment. See Dwelling, multifamily, multiple, or opartment building.
Apartment hotel, defined, 3602,
Appeals, fro,n decisions on special permits, 231 1.
Appeals, from decisions of Zoning Board, 32; status of decisions, 3201;
request for review of decisions, 3202; procedures, 3203; Commission
powers on review, 3204; judicial review, 3205.
Appeals, generally, 3000; status of administrative decision, time limits,
filing of appeal, 3001; transmittal of notice and record, 3002; stay of
proceedings, 3003; hearing dates, notice, 301-A; records, 3005; he.nring,
Zoning Board powers, 3006; review of decision of Zoning Board, 3007,
32.
Application of regulations, generally, 2; to lands, writer, structures,
uses, and occupancies, 200; to height and bulk of buildings, population
density, lot coveroge, yards, open spaces, offstree,t parking and
loading, signs, etc. 210.
Archeological features, preservation of, 2510.
Art-u, gross land, in f't?-H disfr, ts, 2012. J.
Arcot, residential floor. See i loor ores, re-,iderntici.
Ares, resi&ntiol land, 2012.2.
Area of o lot. See Lot, regulur, net area; Lot, regular, gross area; Lot,
irregular, area of.
Auqust re-cr�ss, 2303.1, 3508.3.
Auth,arity for of ordinonce, 110.
A.utor.tohile wrecking or oulomohiltr wrecking yard, defined, 3602,
Auto+not;✓r scQes and servic:(-ti (iota sales parks), 902.
Autornati✓e service station, defined, 3602,
Autornotive service stations, as principal use, 2030; dimensional and
frontage requirernrents, 2030.1; limits on outdoor storage, display, or
activities, 2030.2; storage and display of products incidental to
normal refueling, 2030.2.1; activities incidental to normal refueling,
2030.2.2; vending machines, 2030.2.3; truck and trailer rental,
2030.2,4; limits on parking or storing of vehicles, 2030.2.5; trash
facilities, 20.30.3; required walls adjacent to residential districts,
2030.4.
Avint ion hazards, 2015.2.
Awnings, projection into required yards, 2008.3; signs, 2025.1.11, 1.
-E3-
Bonk, drive-in. See Orive-in establishments.
Bar, cocktail lounge, tavern, or saloon, defined, 3602.
i7nrtrding house, defined, 3602.
Boat houses and slips, 2024, 2024.1. See also Vessel, in various
cah"gories..
Book store, adult. See Adult entertainment or services.
Ruundories of zoning districts, See Official Zoning Atlas.
Broad<:asting towers, 2015.3.
Boildoble ;tree, defined and limitations on occupancy. 2005.9.
Building, defined, 3602. See also Structures.
Building line, defined, 3602.
r)uildinq frarenits, 3401, 3402; construction to accord with, 34(y4; status
of issued prior to adoption or amendment of ordinance, 3405;
occ.ip pricy not involving pending permits, 3405.1.3; when issued in
error do not authorize violations, 3408.
Building spacing, See Spacing of buildings.
Buildings as accessory to principal uses. See Accessory uses one;
structures.
Buildings, combinations of uses in. See Combinations of uses in
buildings:
Bulletin board, generally, 20Z5.1.16, 2025.3.10.
Bulletin board, kiosk, 2025.1.16.2, 2025.3.10.
Bulletin board, neighborhood or community, 2025.1.16.1, 2025.3.10.
Bus benches, 2008.10; signs, 2025.3.14.
B, s shefters, 2008,10; signs, 2025.3.14.
Buses, prohibition on parking in certain residential districts, 20211.3.
-C-
Cranopies, projection into required yards, 2008.3; signs, 2025.1.1 I.1.
(-or space, defined, 2012.7.1; occupant car space, defined, 2012.7.1.1;
total car space, defined, 2012.7.1.2; minimum requirements for,
2012.1,2.
Cor wash, 2031.
Carport, defined, 3602.
.ertificotes of occuponcy. See Certificates of use.
Certificates of use, for new or altered structures and uses, 3403.1;
temporary certificates of use, 3403.2; annual for home occupations,
3403.3; for nonconforming uses, 3403.4; actions where nonconforming
uses become conforming, 3403.5; for other existing uses, 3403.6; for
buildings accessory to dwellings, 3403.7; required to conform to plans,
3404; status of issued prior to adoption or amendment of ordinance,
3405; construction and occupancy, 3405.1.1; actual construction,
defined, 3405.1.2; when issued in error do not authorize violations,
3408.
Child care centers, 2036; access if within residential district, 2036.1;
minimum lot dimensions, less than 10 children, 2036.2.1; minimum lot
dimensions, more than 10 children, 2036.2.2; location of building,
2036.3; outdoor play area, 2036.4; limits on location and hours of
outdoor play, 2036.5.
Change of occupancy or use, defined, 3602.
Churches. See Places of worship.
City Clerk, 325, 326, 327, 326, 329.
City ; urnrnissior). See Commission,
City Limits (boundaries), as boundaries of zoning districts, 31 5.3.
t-ity Manager, appointment of zoning odrninistrotor, 3401.1.
Class A special permit. See Special permit, Class A.
Class B special permit. See Special permit, Class 13.
ft�
i
Ctuss C special permit. See Special petrnit, Class C.
Class D special permit. See Special permit, Class D.
Clinic, medical or dental, defined, 3602.
Club night, defined, 1602,
Club, private, See Private clubs.
C'orkinpl lounge.: Sere liar.
Combinations of uses in buildings, 2000.1; calculations of requirements
to be cumulative, 2000.1.4.
Cornmercini zoning districts, 400.2.
t'ommission, amendmehtst applying for amendment, 3502.1; status of
hoard reports to, 3511; action on board reports, 3512; hearing
required, 3512.1; where report is adverse, 3512.2; failure of to act,
.3513; limitations on rezoning of property, 3514; requirements
concerning changes after processing begins, 3515,
Commission, and actions on planned developments, 510.3.4, and SPI
districts, 1504; and interim zoning districts, 1902, 1903; and transfer
of development rights, 2014.2 et, seq.; decorations for special
occosions, 2025.3.3; responsibilities generally, 22, 2201; and major use
special permits, 2301.5, 28,
Commission, and appeals on special permits, 2311; review of decisions
of Zoning Board, 32.
Comprehensive plan, 120, 500, 601, 901, 1201, 1500, 2800, 3509, 3510.
Conditions and safeguards, on planned development, 510.3.4.2; for
special permits generally, 2306; for variances, 3104,
Conforming lot. See Lot, conforming,
Construction, actual. Sec Actual construction.
Construction equipment, prohibition against parking in residential
districts, 2020.4.
Convalescent home, See Nursing home.
Convenience establishment, defined, 3602.
Convenience establishments, in PD-H districts, 606.2; as accessory to
residentlal or office uses, 2003.7; sale of rnotor fuels as accessory to
prohibited, 2003.8.
Corner lot. See Lot, corner, and Lot, regular, types.
Court, defined and general limitations on occupancy, 2005.8.
Court, inner, defined, 2013.6.1.1; dimensions, passageways, design,
2013.6.2.
Court, outer, defined, 2013.6.1.2; dimensions, 2013.6.3.
Courts, need not be at ground level and exception, 2013.2; and
structures not containing living quarters, 2013.7.
Covenants, and planned development, 510.2,7.
Covenants, and relation to zoning ordinance, 3702.
Coverage of a lot. See Lot coverage.
Covered open space. See Open space, covered,
-D-
Dote of ordinance, 3804.
Day care center. See Child care centers.
Day nursery. See Child care centers.
Deed restrictions. See Covenants.
Definitions, 36. See also specific words or terms.
Department of Low. See Low Department.
Deportment of Planning. See Director, Department of Planning.
Destruction of major nonconforming structures, 2104.8.
Determinations concerning uses not specified. See Uses, determinations
concerning uses not specified.
Development rights transfer. See Transfer of Development rights.
Director, Department of Planning, and pre -application conference for
planned development, 510.1; review of applications for planned
development, 510.3.2; actions following rezoning to planned develop-
ment, 515; and SPI districts, 1504, 1504.4; determinations for uses not
specified, 2001; duties of, generally, 2204; recommendotions on Class
'a special permits and special exceptions, 2301.4.2; and applications -
for Class D special permits or special exceptions, 2602; and major use
special permits, 2802; and appeals from decisions of, generally, 30;
reports on amendments, 3508.2; and changes in rezoning applications
after processing begins, 3515.
Direcinr, Department of Planning, Class C special permit fort access
of emergency vehicles, 2202.1.1; certain recreation facilities, 2003.6;
transfer of development rights, 2014.1 et seq.; continuation of
deferral of required offstreet parking, 2017.8.2; joint parking facili-
ties for contiguous uses, 2017.9; offsite parking in transitional areas
of residential districts, 2018.2.2, 2018.2.3; offsite parking where
governmental action eliminates prior parking, 2018.3; offsite parking
where lots not in residential districts, 2018.4.2,joint offstreet loading
facilities, 2022.8; reduction of offstreet loading stall dimensions,
2023.2.1, 2023.2.2; boothouses and slips on adjoining properties,
2024.1.1.2; docks and piers on adjoining properties, 2024.1.3; design of
curbside delivery receptacles, 2025.3.13; modification of yard and lot
coverage requirements for nonconforming lots, 2102.1.1; for change
in nonconforming use, 2104.5; Class C special permits, generally,
2301.3, 25; preservation of natural and archeological features, 25i0.
Distribution c,-nters, 902.
Distrir ts, zoning. See Zoning districts, Residential zoning districts,
c'ornmercial zoning districts, industrial zoning districts.
i)oc:ks, 2024, 2024.1,3, 2024.1.4, 2024.10, 2024.11.
Drive-in establishments, 2031; conditions and safeguards in relation to
special permits, 203).1; requirements for reservoir spares, 2031.2.
Drive-in establishments and facilities, defined, 3602,
Chive -in reOoliront. tee Restaurant, drive-in,
Dwelling, detached, defined, 3602.
Dwelling, rrrabile home, defined. 360Z.
Dwelling, multifamily, multiple, apartment building, defined, 3602.
Dwelling, one -family or single family, defined, 3602,
DwPtling, Semi-detached, defined, 3602.
Dwelling, two-farnily, defined, 3602.
Dwelling types, in PD-H disfricts, 605.1; in PD-MU districts, 1202.2.
Dwelling unit, defined, 36OZ,
Dwellings, attached, defined, 3602.
Dwellings, attached, in R-G and PD-H districts, 2010, See also 2011,
2012, and 2013.
IM
Fasernents, os tr,vndaries of zoning districts, 315.1, 315.2.
Effective doh%, of ordinan<«, 3804.
Enforcement of ordnance, 34.
Escort service, adult. See Adult entertainment or services.
i_xpansion, of certain nonconforming uses found likely to continue
indefinitely, 2105.
-F-
Fancily, definoO, 3602,
Fees and ,-hnrges, 3412.
Fences, wafts, or hedcy-,s, 2008.5.
Fire Deixntment, 2.0H.6.2.
Flogs, 2025.1,%8, 2025.3.3, 2025.3.4.
Floor areu, rcc,idrn'ial, defined and inclusions and exclusions, 2012.3.1;
maximi.�c,r limitation, 2012..3.2.
Floor area rc;h., ire roe hinations of uses in buildings, 2000.1.1.
Fraternity, sorority, student center, defined, 3602.
Front yard. Sev Yccrd, front.
Frontage, ns sp-6fically related to sign regulation, 2025.1.2.
Frontage of u tot. Sec Lot, regular, frontage.
.(7-
General and supplemental regulations, 20.
Gross area of n regular lot. See Lot, regular, gross area.
Gross land area. See Area, gross land.
Grout) homes for the mentally retarded or handicapped, defined, 3602.
Guest home. See; Tourist home.
_H_
Habituble rooms. See Rooms, hobitabie.
Handicapped. See Group homes for the mentally retarded or ha
capped.
Hearings, of t,<wrds or; zoning amendments, 3508,
Hearings, special permits, generally, 2307. See also particular cl
0.S
for
ing,
Impediment to visibility. See Material impediment to visibility,
Industrial zoning districts, 400.3.
inner court. See Court, inner.
Institution for the. a(y�d (home for the aged), defined, 3602.
Intent of ordinance, 120.
Interim zoning district. See Special public interest district, interi,n
zoning district.
Interior lot. See Lot, regular, types.
Interpretation of ordinance, 2200, 37; requirements are rninimurns or
rnaximurns, 3701; rule concerning conflicts with other regulations,
3702.
Irregular lot. See Lot, irregular.
-J-
Junk yard, definded, 3602,
-K-
Kindergarten. See Child care centers.
Kiosk, 2025.1.16.2, 2025.3.10.
Kitchen futilities, defined, 3602.
Land, defined, 3600.
Low Department, 2014.1.2.2, 2014.1.3, 2014.2.5, 2018.5.1.
Land use intensity sectors, division of City into, 300.1.
Land use intensity (LUI) system, adopted, 201 1; definitions and methods
of measurement, 2012; gross land area in PD-H districts, 2012.1;
residential land area, 2012.2; residentiar floor area, def ined, 2012.3.1;
maximum limitations, 2012.3.2; open space, defined, 2012.4.1; mini-
mum open space requirement, 2012.4.2; livability space, defined,
2012.5.1; minimum livability space and pedestrian open space
requirements, 2012.5.2; exception on livability and pedestrian open
%pace, 2012.5.3; recreation space, defined and limitations on location,
2012.6.1; minirnurn recreation space requirement, 2012.6.2; car space,
defined, 2012.7.1; minimum car space requirement, 2012.7.2; open
space_ and building spacing in RG, PD-H, and other districts, 2013.
Land use intensity, in PD-H districts, 610; in PD-HC districts, 903; in
PD-MU districts, 1203.
Landscaping, 2017.3, 2022.2.
Lighting, in PD-H districts, 606.2.10.
Limitations on rezoning of property, 3514.
Livability space, defined, 2012.5.1.1; minimum requirement for,
2012.5.2.1; exception, 2012.5.3,
Livability space, in combinations of uses in buildings, 2000.1.2.1;
reservation for residential occupants, 2000.1.2.2.
Living quarters, defined, 3602.
Loading facility, offstreet. See Offstreet loading facility.
Loading space, off street. See Offstreet loading space.
Location of structures. See Structures, location of.
:_odges. See Private clubs of lodges.
Lodging house. See Rooming house.
Lodging unit, defined, 3602.
Lot, defined and prohibition against creating substandard, 2005.1.
Lot, corner, defined, 2006.3.
Lot, conforming, defined, 2005.2.
Lot, interior, defined, 2006.3.
Lot, irregular, defined, 2005.6; dimensional requirements, 2007.1;
clearance from lot lines, 2007.2; open space, 2007.3; buildable area,
2007.4; access, 2007.5; subdivision to create regular lots, 2007,6; lots
of unusual depth and creation of, 2007.7; diagram of, 2007.8.
Lot, nonconforming, defined, 2005.3.
Lot, regular, defined, 2005.5; measure -rent of width, 2006.1; net area,
2.006.2.1; gross area, 2006.2.2; types, 2006.3; frontage, 2006.4;
measurement of yards adjacent to streets, 2006.5.1; front yards on
interior lots, 2006.5.1.1; front yards on corner lots, 2006.5.1.2; other
yards adjacent to streets, 2006.5. f.3; side yards, 2006.5.2.; rear yards,
2006.5.3.; special yards, 2006.5.4; waterfront yards, 2006.5.5; diagram
of, 2007.8.
Lot reversed frontage, defined, 2006.3.
Lot, substandard, defined and prohibited, 2005.4.
Lot, through, defined, 2006.3.
Lot, unplatted. See Lots, not platted in accord with torrent regu-
lotions.
Lot ores. See Lot, regular, and Lot, irregular.
Lot coverage, defined, 2005.10.
Lots, not to be created except in conformity with ordinance, 230.
Lots, not platted in record with current regulations, 2005.11.
MIA
Mailboxes, 2008.10,
Major recreational equipment, defined, 2020.2.1; parking or storage as
accessory use in residential districts, 2020.2.2.; limitations on
occupancy, 2020.2.3.
Major use special permit. See Special permit, major use.
Manual of Acceptable Practices, adopted, 2011; general modifications,
2011.1; establishment of LUI sectors by map, 2011.1.1; decision by
local officials, 2011.1.2.
Maps. See Official Zoning Aflas.
Mossage parlor; advit. See Adult entertainment or services.
Material impediment to visibility, construed, 2008:9.1.
May, defined, 3600,
Mayor, 325.
Memorials, 2025.3.12.
Mentally retarded or handicapped. See Group homes for the mentally
retarded or handicaped.
Miami comprehensive plan. See Comprehensive plan.
Minimum Area, increases or reductions, for planned development
generally, 502.4.
Minimum Property Standards, adopted, 2011; general modifications,
2011.1; establishment of U)I sectors by map, 2011.1.1; decisions by
local officials, 2011.1.2.
Mobile home, defined. See Dwelling, mobile home.
Mobile homes, parking, storage, occupancy, 2020.1.
Motel. See Hotel.
Multifamily use, multiple family use, defined, 3602.
-N-
Natural features of land, preservation of, Class C special permit, 2510,
Net area of a regular lot. See Lot, regular, net area.
Newspaper boxes, 2008.10.
Night club. See Club, night.
Nonconforming characteristics of use, 2101; changes in, 2107.1, signs,
2107.2; removal of signs in residential districts, 2107.2.1; removal of
signs in other districts, 2107.2.2.
Nonconforming lots, 2102; use for one family detached dwelling, 2102.1;
modification of yard and lot coverage requirements by Class C
special permit, 2102.1.1; further modification by special exception,
2102.1.2; rules concerning combinations of contiguous lots in some
ownership and with common frontage, 2102.2. See also Lot,
nonconforming.
Nonconforming signs, 2026.10, 2026,10.3, 2026.10.4. See also non-
conforming characteristics of use.
Nonconforming structures, 2106; structural change, extension or expan-
sion, 2106.1; damage, 2106.2; moving, 2106.3.
Nonconforming uses, certificate of use required, 3403.4; actions where
conforming uses become conforming, 3403.5.
Nonconforming uses in certain major structures found likely to continue
indefinitely, 2105; intent, 2105.1; special exception authorized,
2105.2; application; 2105.3; limits on extension or expansion, 2105.4;
screening and buffering, 2105.5; access, parking, and service areas,
2105.6; signs and lighting, 2105.7; hours and conditions of operation,
2105.8; findings required, 2105.9.
Nonconforming uses of lands or waters (or lands with minor structures
only), 2103; enlargement, intensification, etc., prohibited, 2103.1;
movement generally prohibited, special exception for, 2103.2; discon-
finuance, 2103.3; subdivision or structural addition, 2103.4.
Nonconforming uses of major structures, or of structures and premises
in combination, 2104; enlargement, etc_., prohibited except as
specifically authorized, 2104.1; extension of use in building designed
for use, 2104.2; nonconforming use outside building, special excep-
tion, 2104.3; changes in nonconforming use, 2104.5; discontinuance,
2104.6; subdivision or structural addition, 2104.7; destruction of
major structure or structures, 2104.8; special exception for replace-
ment or reconstruction of, 2104.9; required termination of certain
nonconforming uses in major buildings, 2104.10; termination in
residential districts in major buildings designed for a permitted use,
2104.10.
Nonconformi ties, 21; general definition and intent, 2101; created by
ordinance or amendment, 2101.1; created by public taking or court
order, 2101.2; intent generally, 2101.3; intent concerning uses
specifically declared to be incompatible, 2101.4; where construction
begun prior to ordinance or amendment, 2101.5, lawful actions prior
to ordinance or amendment establish nonconforming status, 2101.6;
special permit uses not nonconforming, 2101.7; nonconforming lots,
2102; nonconforming uses of lands or waters, 2103; nonconforming
uses of major structures, or structures and premises in combination,
2104; special exception for enlargement, etc., of nonconforming uses
in major structures found likely to continue indefinitely, 2105;
nonconforming structures, 2106; nonconforming characteristics of
use, 2107; repairs and maintenance:, 2108; nonconforming structures
unsafe for lack of maintenance, 2109; nonconforming structures
unsafe for reasons other than lack of maintenance, 2110; casual or
illegal use not grounds for nonconforming status, 21 1 1.
Notice, for zoning amendments, 3506.
Notice and hearing, and special permits, generally, 2307; for variances,
3103.2.
Nursery school. See Child care centers.
Nursing home, definer;, 1602.
_0_
(h,structians to vision at intersections.. See Vision clearance at
intersections.
Occupancy or use, defined, 3602,
Occiipont carspoce. See Car space, occurxtnt.
Office parks, 902.
Office axe, defined, 3602.
official Schedule of District Regulations, 3; adopted, 320; authen-
tication and attestation of 325.1.21 location of, 325.2; amendment of#
326; unauthorized changes prohibited, 326.3; final authority of# 327;
retention of previous; 328; replacement of, 329.
Official Zoning Atlas, 3; adoption of, 300; and land use intensity
sectors, 300.1; and special public interest districts, 300.2;inset maps,
300.7; other supplements, 300.8; symbols and boundaries, 3101 rules
where district designation or land use intensity not indicated, 311,,
correction of, 311; rules for interfxetation as to boundaries, 315;
Zoning Board action in interpretation of, 315.6; speciaf exception for
,divided lots or parcels, 316; authentication and attestation of,
125.1.It location of, 325.2; amendment of, 326; unouthroized changes
prohibited, 326.3; final authority of, 327; retention of previous, 328;
replacement of, 329.
Offsite parking, 2018; distance limitations, 2018.1; on adjoining abutting
lots, 2018.2; special exception in transitional areas of residential
districts, 2018.2.1; Class C special permit in transitional areas of
residential districts, 2018.2.2; Class C special permit where lots are
not in residential districts, 2018.2.3; Class C special permit for where
governmental action eliminates prior parking, 2018.3; on noncontig-
uous lots, 2018.4; continuance or replacement of, 2018.5.
Of`tstrect loading, in PD-H districts, 606.2.8.
Offstreet loading, general provisions, 2022, performance standards and
intent, 2022.1; application of City landscape and design standards,
2022.2; limitations on use of, 2022.3; class B special permit required
for certain, 2022.4; reduction of in certain cases, 2022.5; deferral in
certain cases, 2022.6; maintenance and use of deferred portions of,
2022.7; joint for contiguous uses, 2022.8.
Offstreet loading, detailed requirements, 2023; offstreet loading faci-
lity, offstreet loading space, stall, berth, defined, 2023.1; dimensions
of stalls or berths, 2023.2; Class C special permit for reduction of
dimensions, 2023.2.1, 2023.2.2; use of public streets or alleys
prohibited, 2023.3; number of stalls required, 2023.4,
Offsire-!t loading, required for one structure not to be used in meeting
requirements for another, 220, reduction below requirements of
ordinance prohibited, 240.
Offstreet loading areas, limitations on use of, 2017.12.
Offstreet loading facility, defined, 202.3, I.
Of (street loading space, defined, 2023.1.
Offstreet loading stall or berth, defined, 2023. I.
Offstreet parking, calculations related to number of seats for com-
binations of uses in buildings, 201 7.I 1.
Offstreet parking, for restaurants as accessory use, 2003.7.7.
Offstreet parking, in PD-H districts, 606.2.8.
Offstreet parking, in required yards, 2008.8.
Offstreet parking, required for one structure not to be used in meeting
requirements for another, 220; reduction below requirements of
ordinance prohibited, 240.
Offstreet parking requirements, general provisions, 2017; intent and
general performance standards, 2017,1; prohibition of parking maneu-
vers on streets, etc., and exceptions, 2017.1.1; width and length of
stalls and exceptions, 2017.1.2; parking and movement of cars,
2017.1.3; ranges of dimensional requirements, 2017.4; for compact
outcs, 2017.2; landscaping of facilities, 2017.3; Class B special permit
for modification of 10 or more spaces, 2017.4; and housing for the
elderly, 2017.5; and housing for low income families and individuals,
2017.6; and reduction for combinations of residential and office uses,
2017.7; deferral of portions of by Class D special permit, 2017.8; joint
parking facilities for contiguous uses; 2017.9; restrictions on lease or
rental of required, 201 7.10; limitations on use of parking and loading
urens, 2017.12; offsite parking, 2018.
Open space, defined, 2012.4.1.1; uncovered open space, defined,
2012.4.1.2; covered open space, defined, 2012.4.1.3; minimum re-
quirernent for, 2012.4.2.
Open space, in combinations of uses in buildings, 2000.1.2.
O;x�n space, how measured, 2013.5.4; and structures not containing
living quarters, 2013.7.
Open space and Building spacing in PD-H districts, 613.5; in RG, PD-H,
and other districts, 2013; intent and application of requirements,
2013.1; yards and courts need nul be of ground level and exception,
2013.2; permanent open space and building spacing and limitations,
2013.3; and primary and secondary windows, 2013.3.1, 2013.3.2;
spacing with two or !more residential buildings, 2013.4; calculation of
spacing requirements, 2013.5; and differing numbers of stories,
{}; 3.5.1; +reasurernent of wall length, 2013.5.2; measurement of
number of stories, 2013.5.3; rneasurernent of yard and other open
space depth, 2013.5.4; yard overlap, 2013.5.5; habitable roorns,
+Nfined, 2013.5.6.1; primary windows, defined, 2013.5.6.2; primary
walls, defined, 2013.5.6.3; secondary windows, defined, 2013,5.6,4;
aecc,n4tory wolls, defined, 2013.5.6.5; tertiary windows, defined,
2013.5,6.6; tertiary walls# defined, 2013.5.6.7; formulas for spacing
determinations, 2013.5.71 added space requirements, 2013.5.8; special
requirements for courts, 2013.61 inner court, defined# 20116.I.1;
otter court, defined, 2013.6.1,2; inner courts, dimensions, etc,
2013.6.2; outer courts, dimensions, 2013.6.3; structures or portions of
structures not containing living quarters# 2013.7.
Open space, pedestrian, See Pedestrian open space.
Open space, permanent. See Permanent open space,
Open space, required for one structure not to be used in meeting
requirements for another, 220.
Outdoor advertising business, 2025.1.7.
Outdoor advertising signs# 2025.1.7, 2026.15, 2026.15.2.
Outer court. See Court, outer.
-P-
Parref, defined, 3600.
Parking, offsite. See OffsHe parking.
Parking, offstreet. See Offstreet parking.
Pedestrian open space, in combinations of uses in buildings# 2000.1.2.1.
Pedestrian open space, defined, 2012.5,1.2; rninimum requirements,
2012.5.2.2; exception, 2012.5.3.
Permanent open space, 2013.3.
Person, defined, 3600,
Personal rehabilitation centers, defined, 3602.
Piers, 2024, 2024.1.3, 2024.1,4, 2024.10, 2024.11.
Places of worship, 605.1, 1202.2; use of canopies and awnings in
required yards, 2008.3.2.
Planned development, generally, 5; intent, 500; defined, 501; where
permitted, 502; how designated, 502; requirements of, transportation,
502.1; utilities and services; 502.2; private provision of utilities and
services, 502.3; site characteristics, 502.4; minimum areas, 502.4;
additions to existing, 502.4.2; relation to general zoning, subdivision,
or other regulations, 503; procedures for, 510; pre -application
conference, 510.1; application and materials to be submitted, 510.2;
report, 510.2.1; survey, 510.2.2; concept plan, 510.2.3; special surveys
or re;x)rts, 510.2.4; staging proposals, 510.2.5; maintenance of
cumiTron facilities, 510.2.6; covenants, 510.2.7; Department of Plonn-
Ing review, 510.3.2; Zoning Board actions, 510.3.3; City Commission
a..tions, 510,3.4; effect of City Commission action, 510.3.4.3;
Deportment of Planning actions following rezoning, 515; approval of
final plans, 515.1; changes in final plans, 515.2; expiration of time
limits aid failure to meet conditions, 516.
Planned development housing (PD-H) districts, defined and intent of
regulations, 600; where permitted and intent on timing, 601; principal
and accessory uses in, 605; uses and structures in large PD-H
districts, 606; planned shopping centers, 606.1; convenience establish-
rnents, 606.2; land use intensity ratings and related requirements,
610; site planning and external relationships, 612; site planning and
internal relationships, 613.
Planned development, highway commercial (PD-HC) districts, 9; de-
fined, 900; where permitted and intent, 901; permitted principal and
accessory uses, 902; land use intensity ratings and relater! require-
ments, 903; utilities, 904; sign limitations, 905; site planning, 906,
907.
Planned development, mixed use (PD-MU) districts, 12; defined, 1200;
where permitted and intent 1201; principal uses and structures,
1202.1; accessory uses and structures, 1202.2;land use intensity and
related requirements, 1203; height limitations, 1204; site planning,
1205; sign limitations, 1206.
Planned shopping centers, in PD-H districts, 606,1; in PD-HC districts,
902.
Planning Advisory Board, and SPI districts, 1504; functions generally,
2202; and interim zoning districts, 1903; and applying for amendment,
3502.1; consideration of amendments, 3502.2, 3502.3; amendments to
be heard by, 3503; notice, 3506; reference from Zoning Board, 3507;
hearings and reports to Commission, 3508.2; exceptions to time
limits, 3508.3; nature or report to Commission, 3510; status of report,
3511; Commission action on board reports, 3512; requirements
concerning changes after processing begins, 3515.
Planning Department. See Director of the Department of Planning.
Plot, defined, 360D.
Porches and entries, projection into required yards, 2008.2.
Pre -application conference, for planned development, 510.1; for major
use special permit, 2802.1.
Primary walls, See Walls, primary.
Primary Windows. See Windows, primary.
Principal uses, in PD-H districts, 605.1; in PD-HC districts, 902; in PD-
MU districts, 1202,1.
Prior zoning, retention of previous mops or atlases, 328; prosecution of
violations under, 3802,
Private clubs or lodges, defined, 3602.
Property lines, as boundaries of zoning districts, 315.2.
Public interest districts. See Special public interest districts.
Public. records, and special permits, 2307.1; generally, 3411,
Public utilities. See Utilities.
Purpose of ordinance, 120,
-R-
Rear yard, See Yard, rear.
Records, of building permitsi certificates of use, and other official
actiona of zoning administrator, 3411.
Recreation space, defined and limitations on location, 2012.6,1;
minimum requirement for, 2012.6.2.
Recreational equipment, major. See Major recreational equipment,
Recreational facilities, 605.1, 612.4, 1202.1; permanent, active, as
nccessnry use, 2003.6.
Regular lot. See Lot, regular,
Rehabilitation centers. See Personal rehabilitation centers.
Remedies, resort to, 3801.
Repeal of prior ordinance, 100.
Required yards. See Yards, required, and other required open spaces.
Residence hotel, defined, 3601.
Residential floor area. See Floor areairesidential,
Residential land area. See Area, residential land.
Residential use, and planned development, 6; in PD-MU districts,
1202.1.
Residential zoning districts, 400,1.
Restaurants, as accessory convenience establishments, 2003.7.3,
2003.7.4, 2003.7.7, 2003.7.8, 2003.7.9.
Restaurant, defined, 3602.
Restaurant, drive-in , defined, 3602. See also Drive-in establishments.
Reversed frontage lot. See Lot, reversed frontage, and Lot, regular
types.
Rezoning of property. See Amendments.
Rights of way, as boundaries of zoning districts, 315.1,
Roof sign. See Sign, roof.
Rooms, habitable, defined, 2013.5.6.1.
Rooming house, defined, 3602.
-S-
Saloon. See Bar.
Saving Clause, 3802.
Schedule of district regulations. See Official Schedule of District
Regulations.
Schools, 605.1, 1202.1.
Secondary walls. See Walls, secondary.
Secondary windows. See Windows, secondary.
Separability, 3803.
Service station. See Automotive service station.
Shall, defined, 3600.
Shopping renters. See Planned shopping centers.
Side yard. See Yard, side.
Sign, address, 2025.1,25, 2025.3.5.
Sign, advertising, 2025.1.27.
Sign, animated, 2025.1.9.
Sign, animated, revolving or whirling, 2025.1.9.1, 2026.6.
Sign, owning, 2025.1.11.1, 2026.1.
Sign, banner, 2025.1.17.
Sian, bulletin board, generally, 2025.1.16, 2025.3.10. See also Bulletin
board.
Sign, canopy, marquee, or awning, 2025.1.1 I.I.
Sign, change of ropy on, 2025.3.21.
Sign, construction, 2025.1.27.3, 2025.3.8, 2026.5.1.
Sign, decrepit or dilapidated, 2026.10.2.
Sign, defined, 2025.1.1.
Sign, development, 2025.1.27.2, 2025.3.81 2026.5.1.
'Sign, directional, 2025.1.26, 2025.3.5.
Sign, flags, 2025.1.28, 2025.3.3, 2025.3.4.
Sign, flashing, 2025.1.8.3, 2026.5.2.
Sign, ground or freestanding, 2025.1.14, 2026.3.
Sign, hanging, 2025.1.1 1.2.
Sign, illuminated, 2025.1.8, 2026.5.2.
Sign, indirectly illuminated, 2025.1.8.2.
Sign, internally illuminated, 2025.1.8.1.
Sign, marquee, 2025.1.11.1, 2026.1.
Sign, notice, 2025. 1.26, 202.5.3.5.
Sign, offsite, 2025.1.6, 2026.10.4.
Sign, onsite, 2025.1.5, 2026.10.3.
Sign, outdoor advertising, 2025.1.7, 2026.15, 2026.15.2.
Sign, pennant or streamer, 2025.1.18, 2026.6.
Sign, projecting, 2025.1.11, 2026.1.
Sign, real estate, 2025.1.27.1, 2025.3.7, 2026.5.1.
Sign, revolving or whirling, 202.5.1.9.1, 2026.6.
Sign, roof, 2025.1.12, new prohibited, 2026.2.
Sign Structure, 2025.1.4.
Sign, temporary campaign, 2025.3.11.
AIIIIIIIIII Sign, time and temperature, 2025.1.8.4.
QU Sign, unsafe, 2026.10.1.
Sign vehicle, 2025.1.15, 2025.3.6, 2026.7.
Sigj), Wall or flat, 2025.1.10,2026.4.
Sian, warning, 2025.1.26, 2025.3.5.
Sign, window or door, 2025.1.13.
Signs, area of, 2028.1.3, 2026.15,1.
Signs, erection of unauthorized signs prohibited, 250.
Signs, generally, 2025; definitions, sign, 2025.1,11 number of, 2025.1.21
frontage for, 2025.1.2; area of; 2025.1.3; exclusion of traffic
markings, 2025,1.3.1; sign structure, 2025.1.4; onsite, 202541,51
offsite, 2025.1.6; outdoor advertising business, outdoor advertising
signs, 2025.1.7; illuminated, 2025,1.8; internally illuminated,
2025.1.8.1; indirectly illuminated, 2025.1.8.2; flashing, 2025,1.8.3;'
time and temperature, 2025.1.8.41 animated, 2025.0; revolving or =
whirling, 2025.1.9.11 wall or flat, 2025.1.10; projecting, 2025.1.111,
canopy, marquee, or owning, 2025.1.11.11, hanging, 2025.1.11.2; roof,
2025.1.12; window or door, 2025.1.13; ground of freestanding,
2025.1.14i vehicle, 2025.1.15; bulletin board, construed, 2025.1,16,;
community or neighborhood bulletin board, 2025.1.16.1; kiosk,
2025.1.16.2; banner, 2025.1.17; pennant or streamer, 2025.1.18;
address, 2025,1.25; notice, directional, or warning, 2025.1.26; adver-
tising, 2025.1.27; real estate, 2025.1,27.1; development, 2025.1.27.2;
construction, 2025.1.27.3; flags, banners, etc., construed, 2025.1.28.
Signs, limitations in PD-H districts, 606.2.9, 612.7; in PD-HC districts,
905; in PD-MU districts, 1206; where buildings contain combinations
of uses, 2000.1.3; for convenience establishments as accessory uses
2003.7, 6,
Signs, nonconforming. See Nonconforming characteristics of use.
Signs, number of, 2025.1.2.
Signs, on or over required yards, 2008.4.
Signs, permits and exemptions, permits required, 2025.2; permit
identification, 2025.2.1; governmental exempted, 2025.3.1; certain
flags exempted, 2025.3.2; decorative flags and buntings, 2025.3.3;
symbolic, awards, ?nd house flags, 2025.3.4; address, notice, direc-
tional, and warning exempted, 2025.3.5; on vehicles, sign vehicles,
2025.3.6; real estate exempted, 2025.3.7; construction and develop-
ment, 2025.3.8; community bulletin boards and kiosks, 2025.3.101
temporary campaign, 2025.3.1 I; cornerstones, memorials, or tablets,
2025.3.12; delivery receptacles, 2025.3.13; bus shelters and benches,
trash receptacles, etc., 2025.3.14, weather flags, 2025.3.15; activities
related to signs, change of sign copy, 2025.3.21.
Signs, specific limitations and requirements, 2026;vertical and horizon-
tal clearances, 2026.1; roof, and prohibition on new, 2026.2; ground,
2026.3; wall, clearance, 2026.4; wording, illumination, egress, light,
ventilation, 2026.5; real estate, constuction, development, and zoning
status, 2026.5.1; flashing, 2026.5.2; revolving or whirling, pennant or
streamer, 2026.6; limits on sign vehicles, 2026.7; traffic or pedestrian
visibility, other hazards, 2026.8; removal, repair, replacement,
2026.10; unsafe, 2026.10.1, decrepit of dilapidated, 2026.10.2; onsite
where activity no longer in operation, 2026.10.3; offsite bearing
obsolete matter, 2026.10.4; concealment of structural members,
2026.11; outdoor advertising signs, 2026.15; sign area, 2026.15.1;
location, orientation of outdoor advertising signs, 2026.15.2.
Site plan, for special permits, 2304.2.1.
Site planning, in PD-H districts, 612, 613; in PD-HC districts, 906, 907;
in PD-MU districts, 1205.
Sorority. See Fraternity.
South Florida Building Code, 2008.3, 2008.3.2.2, 2025.1.8.3, 2026.1,
2026.2, 2026.3, 2026.4, 2026.5, 2026.10.1, 2027.
Space, car. See Car space.
Space, livability. See Livability space.
Space, occupant car. See Car space, occupant.
Space, open. See Open space.
Space, recreation. See Recreation space.
Space, total car. See Car space, total.
Spacing of building, generally, 2013; two or more residential buildings
on a lot, 2013.4; calculation of, 2013.5; different numbers of stories,
2013.5.1. -
Spacing of buildings, in combinations of uses in buildings, 2000.1.2;
varying requirements, 2000.1.2.3; when used as accessory, 2003.3.
Special exception, defined, 3602. _
Special exception, distinguished from Class D special permit, 2301.4.1;
Zoning Board determines, 2301.4.2; regulations applying, 2600; refer-
rals, time limits, 2602; preparation of recommendations, time limits,
2603; record, 2604; formal notice and hearing required, 2605.2; -
findings, decision, time limits, further action, 2606; time require-
ments to be specified, limits on extensions, 2606.2; time limits after
denial of, 2606.4; appeals, 2311.2, 2651; status of Zoning Board
decision, 3201.
Special exception, for lots divided by district boundaries , 316; for
certain types of permanent recreation facilities, 2003.6; for reduction
of offstreet parking for housing for the elderly, 2017.5;for reduction
of offstreet parking for housing for low income families and
individuals, 2017.6; for offsite parking in transitional areas of
residential districts, 2018.2.1, 2018.4.1; for certain offstreet loading
facilities, 2022.5; for deferral of certain offstreet loading facilities,
2022.6; for greater length and width of boat houses, 2024.1.2; for -
extension of docks and piers into waterways, 2024.1 I; for yard and lot
coverage requirements for nonconforming lots, 2102.1.2; for move-
ment on lot of nonconforming use, 2103.2, 2104.3; for replacement or
reconstuction of destroyed nonconforming major structure, 2104.9;
for certain nonconforming uses found likely to continue indefinitely, _
2105; Zoning Board powers, generally, 2203, Note: other special
exceptions will he found on the Official Schedule of District
Regulations.
Special permit, Class A, 2301.1, 24.
Special permit, Class B, 2301.2, 24,
Special permit, Class C, 2301.3, 25.
Special permit, Class D, 2101.4, 26.
Special permit, major uses, 2301.51 28.
Special permits, generally, 23; intent, generally, 2300, intent, classes,
agents, responsible, referrals, requirements on hearings, generally,
2301; relation of to building or use permits, 2302; to be issued in
accord with requirements of ordinance, 2303, applications for,
generally, 2304; considerations, generally, standards, findings and
determinations, 2305; conditions and safeguards, 2306; notice and
hearing, generally, recommendations, records, 2307; actions following
decisions, 2308; apply to property, not person, 23091 withdrawal of
applicatinos for 2310; appeals from decisions on 23111 status of
administrative decision on Class A, B, and C special permits, 3001;
status of Zoning Board decisions on Class D special permits and
special exceptions, 3201; structures and uses to conform to terms of,
3404, See also specific types of special permits.
Special permits, Class At generally: intent, administered by zoning
administrator, referrok, 2301.It regulations applying, 2400; no formal
notice at hearing, 2401.1; notifications concerning intended decisions,
time limits with no referrals, 2401.2; time limits with optional
referrals, 2401.3; notification concerning intended decision, 2401.4;
applicant request for conference, time limits, access to record,
2401.5; conference, failure of applicant to appear, 2401.6; decision,
time limits, action on permits, 2401.7; appeals from decisions on,
2311,1, 2450, 30;status of administrative decision, 3001.
Special permits, Class B, generally: intent of, 2301.2; administered by
zoning administrator, 2301.2.1; regulations applying, 2400; no formal
notice or hearing, 2401.1; referrals, 2401.3; notification concerning
intended decisions, 2401.4; applicant request for conference, time
limits, access to record, 2401.5; conference, failure of applicant to
appear, 2401.6; decision, time limits, action on permits, 2401.7;
mandatory referrals, reports, 2402.1; effect of required reports on
action, conditions and safeguards, 2402.2; appeals from decision on,
2311.1, 2450, 30;status of administrative decision, 3001.
Special permits, Class C, generally: determination by Planning
director, referrals, 2301.3; detailed requirements, 25; regulations
applying, 2500; no formal notice and hearing, 2501; referrals, time
limits, 2502; notifications concerning intended decisions, 2503.i;
applicant request for cnference, time limitst access to record, 2503.2;
conference, attendance, failure of applicant to appear, 2503.3,
decision, further action on permits, 2503.4, for preservation of
natural or archeological features, 2510; appeals from decision on,
2551, 30; status of administrative decision, 3001.
Special permits, Class D, generally: distinguished from special
exception, 2301.4.1; Zoning Board determines, referrals, 2301.4.2;
detailed regulation applying, 2600; referrals, time limits, 2602;
preparation or recommendations, time limits, 2603; record, 2604;
notice and hearing, 2605; no formal notice and hearing required but
Zoning Board may require, 2605.1; findings, decision, time limits,
further actions, 2606; time requirements to be specified, limits on
extensions, 2606.2; time limits after denial of, 2606.4; appeals,
231 1.2, 2651; status of Zoning Board decision, 3201.
Special pertnil, Class A, for bus shelters and benches, etc., in required
yards, 2008.10; for certain development signs, 2025.1.27.2; Zoning
Hoard review of zoning administrators decision, 2203. Note: other
Class A special permits will be found on the Official SN dule of
District Regulations.
Special permit, Class B, for certain bicycle and pedestrian access
through residential property, 2002.1.2; for modification of 10 or more
offstreet parking spaces, 2017.4,; for certain offstreet loading
facilities, 2022.4, for community or neighborhood bulletin boards and
kiosks, 2025.3.10; Zoning Board review of zoning administrators
decision, 2203. Note: other Class B special permits will be found on
the Official Sche u e of District Regulations.
Special permit, Class C, special access for certain emergency and
public service vehicles through residential property, 2002.1.1; for
certain active permanent recreation facilities, 2003,6; for transfer of
development rights, 2014.1 et seq.; for extension of deferral of
required offstreet parking, 2017.8.2; for joint parking facilities for
contiguous uses, 2017.9; for offsite parking in transitional area of
residential districts, 2018.2.2; for offsite parking where lots are not
in residential districts, 2018.2.3; for offsite parking where govern-
mental action eliminates prior parking, 2018.3; for offsite parking
where lots not in residential districts, 2018.4.2; for joint offstreet
loading facilities, 2022.8; for reduction of offstreet loading stall
dimensions, 2023.2.1, 2023.2.2; for docks and piers on adjoning
properties, 2024.1.3; for design of curbside delivery receptacles,
2025.3.13; for modificaiion of yard and lot coverage requirements for
nonconforming tots, 2102.1.1, for changes in nonconforming use,
2104.5; Zoning Board review of Planning Director's decision, 2203; for
preservation of natural and archeological features, 2510. Note:
other Class C special permits will be found in the Official Scheduu a of
;district Regulations.
Sptxial permit, Class D, for deferral of portions of required offstreet
porking, 2011.8, for movement of nonconforming structure, 2106.3;
Zoning Board powetS, generally, 2201. Note- other Class la special
permits will be found in the Official Sche_dMe of District Regulations.
Special permits, major use intent, generally: determinations by
Commission, referrals, 2301.5; detailed tequlrements, 28; +intent,
2800; definition, 2BOl; procedures, 28021 pre-dpplication conference,
2802.11 preliminary application, review and recommendation, Com-
mission action, content, 2802,2; final application, general reports
concept plan; Impact study, 2802.3; final application, referrals,
2802.4; final application, recommendations, 28023t hearing by Plann-
ing Advisory Board, 2802.6; hearing by Commission, 2802.7; Commis-
sion disposition, 2803; effect of Commission approval, 2804; construc-
tion permits, 28dS; changes, 2806; review of Commission actions.
231 1.3, 2807.
Special permit, special exception, generally. See Special exception.
Special permit, major land use, 2201; for transfer of development
rights, 2014,2.3;et. seq.
Special permit, special exception, See Special exception,
Special public interest districts, relation to Official Zoning Atlas, 300.2.
Special public interest (SPI) districts, generally, 15; intent, 1500; effect
of SPI designation, 1502; preparation and recommendations for SPI
rezoning, 1504; procedures, 1505,
Special public interest district, interim zoning district; 19; defined and
intent, 1900; applicability, 1901; types of regulatory provisions, 1902;
procedures in adopting, 1903;relation to Official Zoning Atlas, 1904.
Special yard. See Yard, special,
Specified anatomical areas, 2037.2 (cb
Specified sexual activities, defined, 2037.2 (d).
Stagingt of planned development, 510.2.5.
Standards, for special permits generallyt 2305; for variances, 3103.1,
3103.4, for rezoning land, 3509; for general zoning amendment, 3510.
Stories, height in, how measured, 2013.5.3.
Streets, as boundaries of zoning districts, 315.1, 315.2.
Structural projections into required yards, 2008.1.
Structure, defined, 3600.
Structure, destruction of major nonconforming,2104.8.
Structures, location and arrangement of, generally, 2002; temporary
occupancy during construction, 2027.
Structures as accessory to principal use. See Accessory uses and
structures.
Student center, See Fraternity.
Substandard lot. See Lot, substandard.
Substantial modification (of existing offstreet parking facilities con-
taining 10 or more spaces), 2017.4.
Survey, may be required in connection with plans, 3402.1.
-T-
Toblets, 2025.3.12.
Tavern. See Bar.
Telephone booths, 2008.10.
Temporary certificates of use. See Certificates of use.
Temporary structures, occupancies, and uses during construction, 2027.
Tertiary walls. See Walls, tertiary.
Tertiary windows. See Windows, tertiary.
Theater, adult motion picture. See adult entertainment or services.
Theater, drive-in. See Drive-in establishments.
Through lot. See lot, regular, types.
Time limits, on planned development, 516; for Class D special permits
and special exceptions, 2606.2;for variances, 3104.2.
Tourist home, defined, 3602.
Tourist services, 902.
Tract, defined, 3600.
Trailers, prohibition on parking certain in residential districts, 2020.3.
Transfer of development rights, contiguous, separately owned pro-
perties, 2014.1; intent of regulations on, 2014.1.1; application for
Class C special permit, 2014.1.2; plans required, 2014.1.2.1; agree-
ment with enforcement running to City, 2014.1.2.2, findings and
limitations, 2014.1,3; recording agreement, 2014.1.4; changes,
2014.1.5.
Transfer of development rights, noncontiguous property, 2014.2; prohi-
bition against increasing building bulk, 2014.2.1, limitations on
receiving property, 2014.2.2; by major use special permit, 2014.2.3;
procedures and sequential permits, 2014.2.3.1; applications establish-
ing residual rights and areas and assignment to individual properties,
2014.2.4; agreements, 2014.2.5; recording agreements, 2014.2.6.
Transfer of development rights (noncontiguous property across street or
alley), special exception, 2014.3; relationship of lots, 2014.3.1;
application, findings, recording agreement, 2014.3.2.
Transitional regulations, defined, 3602.
Transportation, and planned development, 502.1.
Travel trailer and similar temporary dwellings or lodging, defined, 3602.
Trees, preservation of, Class C special permit, 2510.
Trucks, prohibition on parking certain in residential districts, 2020.3.
k
11
0
M
Uncovered open space. See Open space.
Onplat fed lots. See Lot, not platted in accord with current regulations.
Unzoned lands or waters, rule on, 315.2,2.
Urban Development Review Board, 1504.4.
Use, certificates of. See Certificates of use.
Use or occupancy, and special permits, 2302,
Use variance prohibited, 3101.1.
Used, defined, 3600. See also Occupancy or use.
Uses, combinations of in buildings. See Combinations of uses in
buildings,
Uses, determinations concerning uses not specified, 2001; ternlorary
during construction, 2027.
Utilities, 605.1, 904, 1202,1; and planned development, 502.2; alter-
native provision of in planned development, 502.3.
-V-
Variance, 2203, generally, 31; defined, 3101; use variance prohibited,
3101.1, nonconforrnities not grounds for, 3101.2; authority only in
hands of Zoning Board, 3102; requirements and procedures, 3103;
written petition, 3103.1; notice, 3103.2; hearing, 3103.3; findings
required, 3103.4; conditions and safeguards, brae limits, 3104; time
limits on refiling after denial, 3105; review of Zoning Hoard decisions,
3106; status of Zoning Board decision, 3101.
Vuriunce, variation under SPI is not, 1504.5.4.
Vessel, defined, 3602.
Vessel, commercial, defined, 3602.
Vessel, official or scientific, 3602.
Vessel, pleasure -craft, defined, 3602,
Vinlations, prosecution of under prior zoning, 3802; permits issued in
error do not authorize, 3408; actions on, remedies, 3409, penalties,
3410.
Violations of ordinance, and special permits, 2306.1.
Visibility, impediment to. See Material Impediment to visibility.
Visibility triangle, 2008.9.2.
Vision clearance at intersections, 2008.9.
-w-
Walls, 2008.5.
Walls, generally, length how measured, 2013.5.2; formulas for spacing of
various types of walls, 2013.5.7.
Walls, primary, defined, 2013.5.6.3.
Walls, secondary, defined, 2013.5.6.5.
Walls, tertiary, defined, 2013.5.6.7.
Waterfront yard. See Yard, waterfront.
Waters, as boundaries of zoning districts, 315.4, 315.5.
Weather flags, 2025.3.1S.
Wharves, 2024.
Windows, primary, facing streets or parking areas, 2013.3.1; facing
other open space, 2013.3.2.; defined, 2013.5.6.2.
Windows, secondary, facing streets or parking areas, 2013.3.1; facing
other open space, 2013.3.2; defined, 2013.5,6.4.
Windows, tertiary, defined, 2013.5.6.6.
-X-
X-rated entertainment, See Adult entertainment or services
-Y-
Yard, defined and general limitations on occupancy, 2005.7.
Yard, front, defined, 2006.5.
Yard, rear, defined, 2006.5.
Yard, side, defined, 2006.5.
Yard, special, defined, 2006.5.
Yard, waterfront, defined, 2006.5.5.
Yard, required for one structure not to be used in meeting requirements
for another, 220.
Yards, measurement adjacent to streets, 2006.5.1; front on interior lots,
2006.5.1.1; front on corner lots, 2006.5.1.2; other adjacent 10 streets,
2006.5.1.3; side, 2006.5.2; rear, 2006.5.3; special, 2006.5.4; water-
front, 2006.5.5.
Yards, need not be at ground level and exception, 2013.2.
Yards, (building spacing) how measured, 2013.5.4; permissible overlap,
2013.5.5; and structures not containing living quarters, 2013.7.
Yards, required, and detailed limitations on occupancy, 2008; structural
;.rejections from buildings, 2008.1; porches and entries in front and
other yards, 2008.2.1, 2008.2.2; projections into of canopies and
annings, 2008.3; signs over required yards, 2008,4; fences, wails, and
hedges in, 2008.5; offstreet parking in, 2008.8; vision clearance of
u:terser_tians, 2008.9; bus passenger shelters and benches, telephone
booths, mail end newspaper hoxosi 2008.10.
Yards, in combination of uses In buildings, 2000.1.2,
-Z-
Zoning administrotor, 311, 315.8, 2001.1, 2200,
Zoning administrator, and Class d special perrnif for certain access,
2002,1.2; Class A special permit for bus shelters and benches in
required yards, 2008.10; Class B special permit for modification of 10
or more offstreet parking spaces, 2017.4; Class B special permit for
certain offstreet loading facilities; 2022M, Class A special permit for
development signs, 2025.1.27.2; Class B special permit for community
or neighborhood bulletin boards or kiosks, 2025.3.10; and appeals from
decisions generally, 30; can't vary terns of ordinance, 3102.
Zoning administrator, and Class A special permits, 2301J, and Class B
special permits, 2301.2; generally, on, Class A and Class B special
permits, 24.
Zoning administrator, administration and enforcement or ordinance, 34;
responsible for administration and enforcement, 3401; generally,
3401.1; limits on powers, 3401.2; zoning require-nents, procedures,
limits, actions on building permits, 3402; plans to be svbmilted,
3402,1; processing applications, issurance or denial of building permit,
3402.2; zoning requirements, procedures, limits, actio•v, on certifi-
cates of use, 3403; for new or altered structures and use, 3403.1;
temporary certificates of use, 3403.2; annual certificates of use,
home occupations, 3403.3; certificates of use for nonconforming uses,
3403.4; actions where nonconforming uses become conforming,
3403.5; certificates of use for other existing uses, 3403.6, certificates
of use fur buildings accessory to dwellings, 3403.7; structures and
uses to conform to plans, building permits, certificates of use, special
permits, 3404; status of building permits of certificates of use issued
prior to adoption, or amendment of ordinance, 3405: constriction and
occupancy, 3405.1.1; actual construction, defined, 3405.1.2; occu-
pancy not involving pending building permits, 3405.1.3; status of
conditions and safeguards under prior zoning, 3405.2; zoning con-
formity required prior to issuance of licenses or permits, 3407;
permits or certificates granted in error do not authorize, ordinance
violations, 3408; actions on violations, remedies, 3409, penalties,
3410; records, 341 1; fee and charges, 3412; appeals from decisions of,
3413.
Zoning Atlas: See Official Zoning Atlas.
Zoning maps. See Official Zoning Atlas.
Zoning Board, 315.8, 502.4.2, 510.3.1, 2001.
Zoning Board, action on planned development applications, 510.3.1,
510.3.3; hearings on PD amendments, 510.3.3; actions on failure to
meet PD requirements, 516.
Zoning Board, and applying for amendment, 3502.1; consideration of
amendments, 3502.2, 3502.3; amendments to be heard by, 3504;
notice, 3506; reference to Planning Advisory Board, .3507; hearings
and reports to Commission, 3508.It exceptions to time limits, 3508..3;
nature of report to Commission, 3509; status of report, 3511;
Commission action on board reports, 3512; requirements concerning
changes in applications after processing begins, 3515.
Zoning Board, and review of administrative decisions generally, 30.
Zoning Board, and variances generally, 31; and review of Board
decisions, 32.
Zoning Board, powers in relation to Official Zoning Atlas, 315.8.
Zoning Board, responsibility for Class D permits and special exceptions,
2301.4; and Class D special permits and special exceptions, 26.
Zoning Board, special exception for lots divided by district boundaries,
316; power over decisions of director of Department of Planning in
determinations on uses not specified, 2001; special exception for
certain types of recreation facilities, 2003.6; special exception for
reduction of offstreet parking for housing for the elderly, 2017.5;
special exception for reduction of offstreet parking for housing for
low income families and individuals, 2017.6; Class D special permit
for deferral of required offstreet parking, 2017.8; special exception
for offsite parking in transitional areas of residential districts,
2018.2.1, 2018.4.1; special exception for certain offstreet loading
facilities, 2022.5; special exception for deferral of certain offstreet
loading facilities, 2022.6; special exception for greater length and
width of boathouses, 2024.1.2; special exception for extension of
docks and piers into waterways 2024.11; special exception for
modification of yard and lot coverage requirements for nonconform-
ing lots, 2102.1.2; special exception for movement on lot of
nonconforming use, 2103.2, 2104.3; special exception for replacement
or reconstruction of destroyed nonconforming major structure,
2104.9; special exception for expansion of certain nonconforming uses
found likely to continue indefinitely, 2105; special exception for
movement of nonconforming structure, 2105.2; review of zoning
administrator's decisions, 2200, functions generally, 2203.
Zoning districts, listed, 400; classified residential, 401.1; classified
commercial, 401.2; classified industrial, 401.3; other districts, 401.4.