HomeMy WebLinkAboutItem #02 - Discussion ItemCITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANCIUM
TO Ralph G. Ongie i VL November 24, 1981
City Clerk
Public Hearing on Proposed
Urban Design Coordinator New Zoning Ordinance
Planning Department
Enclosed are two copies of the Proposed Zoning Text and
Schedule of District Regulations for the use of the City
Clerk Office during the public hearings on the Proposed
New Zoning Ordinance on December 1, and December 15, 1981,
by the City Commission.
GA: dr
ENCLOSURES
LAW OFFICES
QUINTON, Lurirlus, DUN-%vODY & ADAms, P.A.
ALBERT E. OUINTON, JR.
LYNN F. LUMMUS
W. E. DUNWODY, III
ROBERT W.JENSEN
JAMES D. ADAMS
PETER M,FEAMAN
Miami C.Ity Commission
3500 Pan American Drive
Miami, Florida 33133
Gentlemen:
186 SOUTHWEST 13TH STREET
(CORAL WAY)
MIANIT, 17LOItIDA ',A3130
November 30, 1981
Re: Notice of Zoding Change -
Comprehensive Zoning Ordinance
TELEPHONE 854.62SI
AREA CODE 305
I have received the Notice of Zoning Change and submit this letter
in connection therewith. I have previously appeared before the Planning
Advisory Board of the City of Miami and have talked to members of the Planning
Department about my particular property and the overall zoning ordinance and
the Brickell Avenue ordinances. I basically own property from 134 through and
including 186 Southwest 13th Street (Coral Way), and 1216 Southwest 2nd Avenue
and 1325 Southwest 2nd Avenue, the legal description being as follows:
Lots 7, 8 and 9 less the North 10' thereof, less West
10' of Lot 9 and Lot 10 less West 10', Block 94S, MIAMI
HEIGHTS, Plat Book 5, Page 29; and Lots 2 and 21, less
the East 10' thereof, Block 91S, MIAMI HEIGHTS, Plat Book
5, Page 29; and Lots 5 and 6, less North 10', Block 94, CITY
OF MIAMI SOUTH, Plat Book B, Page 41, Public Records of
Dade County, Florida.
I have followed the proposed changes in the Comprehensive Zoning Plan,
and when inquiries were invited, I did talk with one of your officials at the
Bayfront Library, and I was assured that my property fronting on Coral Way
between the rapid transit station and I-95 would remain zoned for office use.
It has since come to my attention that there was an error in "mapping"
and the major portion of my property is reflected on the proposed rezoning map
as gold in color, indicating residential useage, while it has always been R-C
heretofore. I have been assured by Mr. McManus and others at the Planning
Department that this was an oversight and should be corrected through the
City Commission. I requested that this be done immediately, and I have prev-
iously corresponded with the appropriate departments concerning the same.
It is my understanding that rather than having reflected the subject property
as RC-3/6 which was an error, it should have been referred to as RO-3/6, mean-
ing residential -office and with a density of at least the same as the existing
R-C zoning.
%—
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Miami City Commission
November 30, 1981
Page 2
As I have pointed gut to the Planning Department, I have moved
ahead through project managers, architects, etc. to the developmental stage
of a substantial office building on my site. No one has yet been able to
tell me in any detail the exact meaning of the RO-3/6 designation. It is
my understanding that by my appearance and by prior correspondence, the
inadvertent error previously incurred will be corrected, leaving my property
zoned at least R-C and even under the new plan, it would continue to have
an R-C type of zoning allowing office and commercial use.
I would like to stress, however, that this property lies in the
corridor between Brickell Avenue and Coral Gables and is in my opinion really
a part of the Brickell Avenue area, being only 1-1/2 blocks from the Brickell
Avenue rapid transit station, and a mere 100 feet from the rapid transit line
itself. In view of the changes in the Brickell Avenue area density and also
the Omni area, I would think that this particular strip of land and others
similar to it between the rapid transit station on the east and I-95 on the
west, should maintain a zoning character similar to that of the Brickell
Avenue area and allow an FAR of at least 4.
I urge upon you and the Planning Department to address this particu-
lar piece of property known as "Area 11" in all of the Brickell Avenue area
plans with the idea that it should be a mixed use district (1ED-1). This con-
tention is borne out more emphatically by the fact that the entire property
to the south of my property is owned by Florida Power & Light Company, and
that company has applied for a special useage for substation purposes. I
have gone along with that use on the basis that the property be developed as
represented to me and the Planning Advisory Board and Planning Department,
but I do think that such a useage does indicate the need to treat the entire
Area 11 as I have requested.
Thank you for your cooperation.
AEQ:mv
cc: Joseph W. McManus
Joyce Myers
Howard V. Gary
City Commissioners
0 NOTICE OF ZONING CHANGE 40
The City of Miami proposes to substantially revise Comprehensive
Zoning Ordinance 6871, originally adopted in 1961, by changing
the zoning text, schedule of zoning district regulations and
the zoning atlas. The proposed new zoning ordinance affects
the land within the area shown in the map in this advertisement.
The Miami City Commission will consider the proposed new zoning
crdinance for the City in two public hearings, as follows:
7:00 PM Tuesday
s
7:00 PM Tuesday
December 1, 1981
'� 1
December 15, 1981
Gulfstream Room
g.
Gulfstream Room
Bayfront Park
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Bayfront Park
Auditorium
CAUSE::
Auditorium
499 Biscayne Blvd.
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499 Biscayne Blvd.
Miami, Florida
"W 611
Miami, Florida
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affects only the City
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other municipalities or
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VIRAINIA KEY
�DINCIANA AVt
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A representative of the Planning Department will also be available
to answer your questions from 9:00 AM to 5:00 PM at the place and
dates (above).
The proposed new zoning ordinance has been the subject of public hear-
ings held by the Planning Advisory Board of the City of Miami, Florida.
These public hearings were noticed as required by law. The Planning
Advisory Board has submitted the proposed new zoning ordinance to the
City Commission of Miami, Florida with the recommendation that the
ordinance be adopted.
For information in this matter contact the City of Miami
?tanning JePartment (phone 579-6086.).
Copies of the proposed text of the new zoning ordinance, the proposed
schedule of district regulat:�ons, and the zoning atlas are available
for examination at the Planning Department, 275 NW 2nd Street, Miami,
Florida during regular business hours.
Copies of the proposed text and schedule of district regulations may be
purchased for $25.00 and maps showing proposed boundaries of zoning
districts may be purchased for $4.00 for each map, at the Department
of Administration for Planning and Zoning Boards.
AVISO DE CAMBIO DE ZONIFICACiON
La Ciudad de Miami propone una revision sustancial de la Ordenanza
Comprensiva de Zonificacion 6871, adoptada�inicialmente en 1961,
mediante cambios en el texto de zonificacion, en el plan de regula-
ciones de distrito y en el atlas de zonificacion. La nueva ordenanza
de zonificacion propuesta afecta los terrenos comprendi.dos dentro del
area demarcada en el mapa que aparece en este aviso.
La Comision de la Ciudad de Miami considerara la nueva ordenanza
propuesta Para la Ciudad en dos audiencian publicas:
7:00 PM del Martes
lro de Diciembre de 1981 1
en el Gulfstream Room �N
del Bayfront Park #sV
Auditorium "' ""
499 Biscayne Blvd. "
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Miami, Florida "" 2
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Un representate del Departamento de
para constestar sus preguntas sobre
los dias y lugares airiba indicados.
VIAOI"IA KEY
7:00 PM del Martes
15 de Diciembre de 1981
en el Gulfstream Room
del B ayfront Park
Auditorium
499 Biscayne Blvd.
Miami, Florida
Esta ordenanza propuesta
afecta solo a -la Ciudad de
Miami la cual aparece en este
aviso y no afecta otras muni-
cipalidades o areas no incor-
poradas del Condad o de Dade.
Planificacion estara disponible
zonificacion de 9:00 AM a 5:00 PM
La nueva ordenanza de zonificacion propuesta ha sido objeto de audi-
encias publicas ante la Junta Asesora de Planificacion de Miami, Florida.
Estas audiencias publicas fueron anunciadas como to requiere la ley.
La Junta Asesora de Planificacion ha presentado a la Comision de la
Ciudad de Miami la nueva ordenanza de planificacion propuesta con la
recommendation de que la misma sea aprobada.
Para ma's information sobre este topico vaya o llame al Departamento
de Administration de las Juntas de Planificacion y Zonificacion.
Copias del texto de la nueva ordenanza de zonificacion propuesta,
el propuesto plan de regulaciones de distrito asi como el atlas de
zonificacion estaran a la disposition del pdblico durante horas
laborales, en el Departamento de Planificacion. CopiaS de los mismos
se pueden obtener (por $25..00, copia del texto propuesto y del pro-
puesto plan de regulaciones y por. $4.00 eada uno de los mapas que indican los
limites propuestos de los distritos de zonificacion) en el Departa-
mento de Administration para las Juntas de Planificacion y Zonifica-
cion. Ambos Departamentos se enruentran en el 275 N.W 2nd Street,
Miami. Telefono 579-6086.
�VISO DE CAMBIO DE ZONIFICACiON
La Ciudad de Miami propone una revision sustancial de la Ordenanza
Com.prensiva de Zonificacion 6871, adoptada�inicialmente en 1961,
mediante cambios en el texto de zonificacion, en el plan de regula-
ciones de distrito y en el atlas de zonificacion. La nueva ordenanza
de zonificacion propuesta afecta los terrenos comprendi.dos dentro del
area demarcada en el mapa que aparece en este aviso.
La Comision de la Ciudad de Miami considerara la nueva ordenanza
propuesta Para la Ciudad en dos audiencian publicas:
7:00 PM del Martes
lro de Diciembre de 1981 IV
en el Gulfstream Room
del Bayfront Park "r =
Auditorium "' ""�
499 Biscayne Blvd. "" T1 aT
Miami, Florida ""='T
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7:00 PM del Martes
15 de Diciembre de 1981
en el Gulfstream Room
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del Bayfront Park
-�"°"M SAY CAUSEWAY
i
Auditorium
499 Biscayne Blvd.
c
Miami, Florida
111LUL 1UTTLt "
CAUSEWAY
Esta ordenanza propuesta
"
afecta solo a -la Ciudad de
Miami la cual aparece en este
VENETIAN •
VENETI u
aviso y no afecta otras muni-
y
cipalidades o areas no incor-
:°ar
poradas del rondado de Dade.
MAGIP11A "[Y
Un representate del Departamento de Planificacion estara disponible
Para constestar sus preguntas sobre zonificacion de 9:00 AM a 5:00 PM
los dias y lugares airiba indicados.
La nueva ordenanza de zonificacion propuesta ha sido objeto de audi-
encias publicas ante la Junta Asesora de Planificacion de Miami, Florida.
Estas audiencias publicas fueron anunciadas como to requiere la ley.
La Junta Asesora de Planificacion ha presentado a la Comision de la
Ciudad de Miami la nueva ordenanza de planificacion propuesta con la
recommendation de que la misma sea aprobada.
Para mas information sobre este topico vaya o llame al Departamento
de Administration de las Juntas de Planificacion y Zoni.ficacion.
Copias del texto de la nueva ordenanza de zonificacion propuesta,
el propuesto plan de regulaciones de distrito asi como el atlas de
zonificacion estaran a la disposition del publico durante horas
laborales, en el Departamento de Planificacion. Copia:3 de los mismos
se pueden obtener (por $25..00, copia del texto propuesto y del pro-
puesto plan de regulaciones y pox $4.00 eada uno de los manas que indican los
limites propuestos de los distritos de zonificacion) en el Departa-
mento de Administration para las Juntas de Planificacion y Zonifica-
cion. Ambos Departamentos se encuentran en el 275 N.W 2nd Street,
Miami. Telefono 579-6086.
CITY OF MIAMI, FLORIDA
TO
INTER -OFFICE MEMORANDUM
Nov. 20, 1981
MATTY HIRAI °"TF. FiLF
CITY COMMISSION PUBLIC HEARINGS
i
Bayfront Park Auditorium
(Gulfstteam Room)
Dec. lst and 15th 1981 at 7 P.M.
EVELIO RIZO :.,,,, ,4-,;.,
Ms. Carmen from the Planning and Zoning Department will send me
in the mail the text of the advertisement published inre the subject
for our information:
The text of the ad is as follows:
CITY COMMISSION PUBLIC HEARINGS
will be held at the Bayfront Park Auditorium (Gulfstream Room)
on December lst and 15th 1981 at 7 P.M.
to consider matters inre revision of Ordinance #6871 about
zoning matters.
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PROPOSED
k.
ZONING
ORDINANCE
City
May
of
Miami,
FIQr�da }�
hBut
79
1981
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01
PROPOSED ZONING ORDINANCE FOR
THE CITY OF MIAMI, FLORIDA
MAY 79 1981
CITY COMMISSION
Maurice A. Ferre, Mayor
Theodore R. Gibson, Vice -Mayor
Joe Carollo
Armando Locasa
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:
Alp PLANNING ADVISORY BOARD
Grace Rockafellar, Chairperson
Lorenzo Luaces, Vice -Chairman
Eduardo Calil
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 0. Whipple, Chief, Current Planning
Jack Luft, Planner III
Matthew Schwartz, Planner III
Jose Casanova, Planner 11
Fred Fernandez, Planner
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
Ar Gloria Fox, Assistant Director
Nancy Mills, Secretary
LAW DEPARTMENT
George F. 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 I
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 Hello, Co -Chairman
Mr. Robert Korner
Mr. Jess Lowhorn
Ms. G. Miriam Maer
Mr. Herbert Simon
Mr. Robert Trourig
.-\
INTRODUCTION
Over the past 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
's 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
the 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 cheages, 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, 19809 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.
E
W
PROPOSED
ZONING
TEXT
City of Miami, Florida
May 79 1981
TABLE OF CONTENTS
ARTICLE I. INTRODUCTION
40 100. Repeal of Ordinance No. 6871, 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.
ARTICLE 3. OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE
,i 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
315.3.3. 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 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
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
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
1
0
4W
401.3. Industrial Districts
401.4. Other Districts
ARTICLE 5. PLANNED DEVELOPMENT (PD) DISTRICTS, GENERALLY
500.
Intent
501.
Planned Development, Def fined
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; 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
ARTICLES 7-8. RESERVED
ARTICLE 6. PD-H: 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
ARTICLES 7-8. RESERVED
s
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
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
ARTICLES 10-1 1. 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
is 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.
SPI-4:
Brickell Area Major Streets Overlay District
1550.
SPI-5:
Brickell-Miami River Residential -Office District
ARTICLES 16-1 S. RESERVED
1900.
1901.
1902.
1903.
1904.
ARTICLE 19. SPECIAL PUBLIC INTEREST DISTRICT-- INTERIM
ZONING DISTRICT
Defined; Intent
Applicability
Contents
Procedures
Official Atlas
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
2000.
2000.1.
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
,..N
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
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 on Occupancy
2005.8. Court, Defined; General Limitations on Occupancy
2005.9. Buildable Area, Defined; Limitations on Occupancy
2005.10. Lot Coverage, Defined
2005.11. 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 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
2008.3.4.
Canopies Over Vehicular Areas
2008.4.
Signs in or Over Required Yards
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 Modif ications
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
2012.
DHUD
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
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
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
Same 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.
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-
blished
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 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 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
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. Def inition
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, Off site
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
2025.1.1 I. Sign, Projecting
2025.1.1 1.1. 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
A
1
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 Re-
quired; Limitations on Location
2025.3.14.
Signs on Bus Shelters, Benches, Trash Receptacles, and the
Like
2025.3.15.
Weather Flags
2025.3.16-20.
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-
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 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. Minimum 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, Minimum 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 Abondonment
Al="TICLE 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 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 Same
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-
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 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
2111.
Casual, Temporary, or Illegal Use Does Not Establish Nonconforming
Status
2112.
Certificate of Use Required
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
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
2111. Casual, Temporary, or Illegal Use Does Not Establish Nonconforming
Status
2112. Certificate of Use Required
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
2301.5.
Major Use Special Permits; Intent; Determinations by City
Commission; Referrals
2301.6.
2302.
Variance Not Special Permit
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
2305.1.
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;
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
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
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 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
e -\
ARTICLE 26. CLASS D SPECIAL PEKMITS 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
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. 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 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;
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
Time Limits on Appeal; Filing of
ARTICLE 31. APPEALS FOR VARIANCE FROM TERMS
OF ORDINANCE
3101. Variance Def ined; 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 Refiling 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
3204. City Commission Powers of Review
3205. Judicial Review
ARTICLE 33. RESERVED
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
3405.1.1.
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
3411.
Records
3412.
Fees and Charges
3413.
Appeals from Decisions of Zoning Administrator
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
3508.1. 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 Zorn'�ng Board
Report is Adverse to Proposed Amendment
3513. Failure of City Commission to Act
3514. Limitations on the Rezonin 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
35 ► 5. I. 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
Requirements
3702. Rule Concerning Conflicts with other Regulations
ARTICLE 38. RESORT TO REMEDIES; SAVING CLAUSE; SEPARA-
BILITY; EFFECTIVE DATE
3801.
Resort to Remedies
3802.
Saving Clause
3803.
Separability
3804.
Effective Date
ARTICLE I. INTRODUCTION
100. Repeal of Ordinance No. 6871, 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 I. INTRODUCTION
SECTION 100. REPEAL OF ORDINANCE NO. 6871, AS 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 Plan, 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
• 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 aid in develop- elo%
3 ment 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 ail 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, I,-
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 OF REGULATIONS
I Except as specifically provided in this Ordinance:
SECTION 200. ZONING AFFECTS ALL LANDSt WATER STRUCTURES
USES, AND OCCUPANCIES.
2 No building, structure, lard 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
15
16
17
18
19
20
21
SECTION 210.
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 he!ght, 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.
2-1
SECTION 220.
I No part of a yard, area, open space, or offstreet parking or offstreet
2 loading space required for one structure or use shall be included as meeting
3 requirements for another, except where specific provision therefor is made in
4 this Zoning Ordinance.
SECTION 230. CREATION OF NEW�LOTS REDUCTION OF LOT OR
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.
n
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
3= PROHIBITED.
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.
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
315.3.3.
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 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
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
0
C�
I'A
ARTICLE 3. OFFICIAL ZONING ATLAS• OFFICIAL SCHEDULE OF
DISTRICT KEGULATIONS.
SECTION 300. OFFICIAL ZON
SUPPLEMENTS: ADOP-
I 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. Thy- 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 some 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. Land 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
2 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
n
I 1 zoning districts or other divisions established thereby.
SECTIONS 301-309. RESERVED.
SECTION 310. DISTRICT REGULATIONS EXTEND TO ALL PORTIONS OF
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.
SECTION 311 RULES WHERE DISTRICT DESIGNATION OR LAND
INTENSITY 19 NOT INDICATED; MRRECTIONS.
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 Official Zoning 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 map 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 BOt
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
o treets, eys, i is o ay, or asemeMs; ariation
etween Actual and Mapped Location; _Effect at Vacation on
ZoningStatus of -Property.
16 Boundaries indicated as approximately following the centerlines of
17 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
3-3
I divided other than at the center, in which case the boundary shall be contrued
2 as moving with the ownership.
315.2. Boundaries Indicated as Ap2EoximatelX Followinq Boundaries of
Streets, Alleys, Other Public or Private Prop2rty Ines, is of
Way, or Easements.
315.2.1. General Rule.
3 Except as indicated at Section 315.2.2, boundaries indicated as
4 approximately following boundaries of streets, alleys, other public or private
5 property lines, rights of way, or easements, shall be construed as following
6 such boundaries, except where variation' of actual location from mapped
7 location would change the zoning status of a lot or parcel, in which case the
8 boundary shal I be so interpreted as to avoid such change.
315.2.2. Exception in Cases of ARE!2rently Unzoned Strips; Effect of
Vacation on Zonina Status of Prooerty.
9 As an exception to the general rule above, where such boundaries 'are
10 adjacent to streets, alleys, rights of way, public property, or easements, and
I I are so located with relation to other opposing boundaries as to leave such
12 streets, alleys, rights of way, public property, or easements without apparent
13 zoning designation, such boundaries shall be construed as running to the
14 centerlines of the areas involved. In the event of vacation, the boundary shall
15 be construed as remaining in such central location, except where ownership of
16 the vacated property is divided other than at its center, in which case the
17 boundary shall be construed as moving with the ownership.
315.3. Boundaries Indicated as ADDroximately Followina City L
315.3.1. Generally.
18 Boundaries indicated as approximately following City limits shall be
19 construed as following such City limits.
n
3-4
315.3.2. Effect of Removal of Areas from City.
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 Approximately Following Mean Hit
Water Lines or Centerlines of Streams Conals, Lakes, Boys, or
44 Other Bodi-e—s—ofVater.
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.
3-5
315.6.
Ties Indicated c
mately Parallel to or Extem
I Boundaries indicated as approximately parallel to or extensions of
2 features described in Section 315.1 through 315.51 above, shall be construed
3 as being parallel to or extensions of such features.
315.7. Distances Not 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.
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
315.8. Zoning Board Action in Cases of Remaining Uncertainty, Con -
In other circumstances not covered above, or where natural or manmade
features existing are at variance with those shown in the Official Zoning
Atlas, or where the Atlas is illegible or unclear, or where interpretations
based on the above rules appear to produce contradictions or conflicts with
the intent of the ordinance, or upon request from the Zoning Administrator or
from any affected property owner, or on its own initiative upon determination
that inconsistencies or ucertainties exist, the Zoning Board shall make a
finding and interpretation concerning the boundaries involved in accord with
the intent and purpose of this Zoning Ordinance. In cases where such finding
and interpretation involves only correction to the Official Zoning Atlas or any
official supplement, and does not change the zoning of any lot, the Zoning
Board may direct corrections without proposing an amendment to the map
involved. In cases where the zoning of any lot would be changed by such
correction, the Zoning Board shall initiate a proposed corrective amendment
and transmit its recommendations thereon to the City Commission, in accord
with Article 35 of this zoning ordinance.
3-6
200
C�
i�r3-r�ri.rr r��.7,«�C��.�irl� T3?�i:�lll��1Ci i_7 r�i i=Tiifl�T'i1•'!�
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 tot 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.
II
12
13
14
15
16
Jr�
SECTIONS 317-319. RESERVED.
SECTION 320. SCHEDULE OF DISTRICT REGULATIONS_ FOR DISTRICTS
A substantial part of the regulations applying in many of the districts
established by this Zoning Ordinance have been set out in tabular form in a
series of sheets identified as the Official Schedule of District Regulations
which, together with all lawfully adopted explanatory material shown therein,
is hereby adopted by reference and declared to be part of this zoning
ordinance.
SECTIONS 321-324. RESERVED.
SECTION 325. OFFICIAL
325.1. Authentication.
325.1.1. Official Zoning Atlas.
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 19.11
325.2. Location of Official Zoning Atlas Official Schedule of District
eaulations.
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
OF
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
CM
I required to make specific the application of the amendment. In the case of
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.
326.2. Posting; Notice Concerning Incomplete Posting; Authentication.
326.2.1. Posting Required; Notice Concerning Incomplete Posting.
5 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. Authentication; Recording of Nature and Dates of Amendments.
10 Amendments shall be authenticated by entries on Atlas sheets,
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
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. OFFICIAL ZONING ATLAS• OFFICIAL SCHEDULE OF
DISTRICTLA --FINAL AUTHORITY.
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 lations which may from 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
SCHEDOLES OF DISTRICT REGULATIM7.
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: N:
329.1. Re lacement of Official Zoning Atlas Official Schedule of
District Regulations.
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.
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.
3-II
0
0
ARTICLE 4. ZONING DISTRICTS
400.
Districts Listed
400.1.
Interior 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
ARTICLE 4. ZONING DISTRICTS
SECTION 400. DISTRICTS LISTED.
Zoning districts, or classifications, as shown on the Official Schedule of
District Regulations and as delineated on the Official Zoning Atlas, are as
follows, with titles and abbreviations for symbol purposes as indicated:
SYMBOL
TITLE
RS-1.
One Family Detached Residential
RS-I.I.
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-2.1.
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
SPl-2:
Coconut Grove Central Commercial District
CG-1.
General Commercial
CBD
Central Business District
CG-2.
General Commercial
WF-I.
Waterfront Industrial
1-1.
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. I. Interim Zoning Districts.
r
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 n
3 above listing of zoning districts or classifications.
400.2. Special Public Interest 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-I.
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.
II Where the phrases "commercial districts;' "zoned commercial or
12 commercially," "commercially zoned," or phraseology of similar intent are
4-2
0
I used in this Zoning Ordinance, the phrases shall be construed to include the
2 following districts:
SYMBOL TITLE
CR-I.
Commerciol-Residential (Neighborhood)
CR-2.
Commercial -Residential (Community)
CR-3.
Commercial -Residential (General)
SPI-1:
Martin Luther King Boulevard Commercial District
SPI-2:
Coconut Grove Central Commercial District
CG-I.
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-I. 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.
Intent
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; Relatioi', 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 R� ilzw 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
Ll
ARTICLE 5. PLANNED DEVELOPMENT_ (PD) DISTRICTS. GENER-
4P
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 Grp 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 same degree as in districts in which regulations
14
are intended to control development on a lot -by -lot rather than unified basis,
IS
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
I and destinations of persons living, working, or visting in such developments.
2 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, DEFINED.
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
n
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
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
41 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 some degree as would
24 development permitted under prior zoning, and shall be so located, designed
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 zoning.
502.3. Alternative Private Provision of Utilities Facilities Services or
Payment -setting a et Public Costs. �'
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, permo-
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 Surrounding P
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
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 un;fied planning and development and to meet 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 Generally Required.
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
I I 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. Additions to PD Districts not
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
SUBDIVISION, OR OTHER REGULATIONS.
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 a particular type of district or in particular areas, 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:
e510.1. Pre -application Conference.
I I 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 staternent
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
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
4
22
23
present owners or holders of beneficial interest:
(a) To proceed with the proposed development according to the
regulations existing when the map %mendment creating the PD district is
passed, with such modifications as may be set by the City Commission in the
manner provided in Section 503, above; and
(b) To conform in the process of development to the preliminary
development concept plan, and to proposals for staging of de^?C!^oment,
according to requirements set below; and
(c) To provide such bonds, dedications, easements, guarantees, agree-
ments, deeds of trust, contracts, and/or covenants acceptable to the City
Commission as may be reasonably necessary to protect public interest in
completion of such development according to approved plans, and for
provision and continuing operation and maintenance of such areas, facilities,
and functions as are not to be provided, operated, or maintained at general
public expense, and to provide such dedications, contributions, or guarantees
as are required for provision of needed public facilities and services; and
510.2.2. Survey.
A survey of the proposed PD district showing property lines and owner-
ships; and existing features, including streets, alleys, easements, utility lines,
existing land use, general topography, and physical features; and
510.2.3. Preliminary Development Concept Plan.
24 A preliminary development concept plans) for the PD district, indicat-
5-8
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 location, 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.
II
(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).
IS
(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
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 Surven, A ovals or Re its Required Where Develop-
ment is De22ndent on Such Surveys, ARprovals, or eports.
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.
n
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. Proposals on Provision and Continuina Operation and Maintenance
of Facilities for Common Use.
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 "IN
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 continued,
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 Followina Receipt of Application for PD Rezoning.
510.3.1. Zoni 2 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
I I described below, or (c) of time of request by applicant to proceed without
12 further conferences.
510.3.2. Department of Planning Review and Recommendations• Confer-
ence with pp icants.
13 The purpose of Department of Planning review, findings, and recom-
14 inendations 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
5-1 1
I and supporting documents to other governmental departments 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
QQ
W
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 applicants.
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 Action; FindinZ 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
is 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 Zonir;g 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 City 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
25 City Commission shall be to (a) grant the application in its current form, or
5-13
I (b) grant with clearly -defined modifications, or (c) deny, with specific reasons
2 therefor.
W
510.3.4.1. Modification of General Regulations 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
10 Zoning, Subdivision, or Other Regulations.
510.3.4.2. Establishin2 Conditions and Safeguards 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
18 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 1-514. RESERVED.
SECTION 515. DEPARTMENT OF PLANNING ACTION FOLLOWING RE-
ZONING
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
23 such final plans and reports shall be as prescribed in zoning, subdivision, or
5-15
I other regulations generally or for particular PD 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 meets concerning the order or location in which building permits are to be
11 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 same requirements as 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.
SECTION 516. EXPIRATION OF TIME LIMITS IN RELATION TO PD
AMENDMENTS;-
24 Where time limits are set for beginning or completion of development
5-16
I 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 limits; 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.
5-17
ARTICLE 6. PD-H: 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
0
ARTICLE 6. PD-H: PLANNED DEVELOPMENT - HOUSING DIS-
SECTION 600. APPLICATION OF REGULATIONS; PD-H DISTRICTS DE-
FINED; INTrNT.
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-
CERNING .
8 PD-H districts may hereafter be established in accordance with the
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, uid (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.
M.
SECTIONS 602-604. RESERVED.
SECTION 605.
605.1. Princi _pal Uses and Structures Permitted Generally.
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
S 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_
11 (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-
n
6-2
1 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 IN LARGE PD-H
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
25 establishments, as provided below.
6-3
606. I. Planned Shopping Centers.
I Planned shopping centers, when included as part of a PD-H district
2 application, shall meet the following 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 other 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 Dwelling Units Re fired to SuRport Conven-
ience Estagirshments as Principal Uses inDistrict.
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.
IS 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, c::-truction, 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
49 23 character as to create the impression of general commercial development.
MV
I Therefore, in addition to other limitations designed to achieve these ends, no
2 individual convenience establishment established under the provisions of this /'1
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 (10,000) square feet.
606.2.5. Lot Coverage Limitations.
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 from 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.
6-6
606.2.8. Offstreet Parking, Loading.
eI 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 Signs.
I I Signs for purposes of identification only shall be limited to one, not
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 same building or on
15 the same 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 tin .
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.
6-7
1
2
3
4
5
6
606.2.1 1. Conduct of Operations.
All sales, service, or displays in connection with convenience establish-
ments in this district shall be within completely enclosed buildings, and there
shall be no unenclosed storage on the premises. No public address systems or
other devices for making announcements or playing music shall have speakers
mounted outside of such buildings, or be audible beyond any line of the lot or
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 1 I p.m.
SECTIONS 607-609. RESERVED.
SECTION 610. LAND USE INTENSI
RATINGS AND RELATED RE -
The following requirements and limitations apply to dwelling and
lodging uses within PD-H districts hereafter created in land use intensity
sectors indicated on the Land Use Intensity Sector Map established under the
provisions of Section 300.1. Application of these requirements and
limitations, and definitions and rules of interpretation of the terms involved,
appear at Sections 2010-2013.
f"\
W
is
STANDARD RATIOS BY LAND USE INTENSITY
The following standard ratios and minimum 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:
Minimum gross land
area required to
form district
q. Ft.
Land Use Intensity
Rating
tan and Ratios
esi enOdl Floor
Area (FAR)
Open Space Ratio
(OSR)
Livability Space
Ratio (LSR)
Recreation Space
Ratio (RSR)
Total Car Ratio
( TCR )
Land Use Intensity Sector
1 2 3 3.3 4 5 6 7
0
100,000 100,000 50,000 50,000 50,000 50,000 509000 50,000 50,000
41
46
49
52
55
61
67
73
78
.22
.31
.38
.46
.57
.86
1.30
1.97
2.79
.76
.73
.72
.72
.71
.68
.67
.70
.81
.51
.46
.45
.42
.40
.40
.42
.47
.56
.04
.05
.05
.06
.06
.08
.11
.12
.15
1.6
1.5
1.5
1.4
1.3
1.2
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
No. dwelling units
x RSR= Minimum recreation
x TCR= Total parking spaces
space required.
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:
6-9
612.1. Principal Vehicular Access Pointsi„Mass Transportation.
I Principal vehicular access points to and from the PD-H shall be de- eloN
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 be 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 outorotive 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 systern 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-
4 23 sections. In addition, where there is pedestrian, bicycle, or equestrian access
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, no material
3 impediment to visibility, as defined therein, shall be created or 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 RS 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, Walls, or Vegetative Screening at
• 11 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 Edrs of PD-H Districts.
20 Except along boundaries where adjoining districts permit the some 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:
a
Increase in H_ _eight_ for
lach I Foot Horizontal
Distance from District
LUI Sector Degrees Bounaary eet
1-4 22.5 .5
5-6 45 1.0
7-8 60 1.73
612.7. 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 f ifty (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.
6-12
n
-IN
I Streets, drives, and parking and service areas shall provide safe and
40 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 Fift (50) or Fewer Dwell
nits or One un re or Fewer o aina nits.
10 If the street or portion thereof serves f4ly (50) or fewer dwellings or
II 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. Ways for Pedestrians and Cyclists: Use by Emergency or Service
verncies.
• 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
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
S as route:, 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 r
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 Space and Spacing of BuildinZ or Portions of Buildi
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.
•
.7
6-15
0
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
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
ARTICLE 9. PD-HC: PLANNED DEVELOPMENT -HIGHWAY COMVERCIAL DISTRICTS.
-
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 I. Encourage concentration of complementary uses grouped adjacent
12 to streets serving large 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
U .
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-
Fat
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
9-2
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.
5. 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. ShoRRin centers to serve areas not already conveniently and adequately
provide with itth commercial and service facilities of the type proposed
and in scale with surrounding market areas.
9-3
SECTION 903. LAND USE INTENSITY RATINGS AND RELATED RE-
QUIREMENTS. 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 SI
pp yin4 to uses nermitte in P[5-RC distric
Minimum gross land area required to form district: 50,000 sq. ft.
Land Use Intensity Ratin
Standard Ratios
Floor rea atio (FAR)
Open Space Ratio (OSR)
Pedestrian Open Space Ratio (POSR )
Parking Ratio (I/ sq.ft. gross
floor area (PSFT
Land Use
Intensity Sector
2
3
4
5
6
7
8
46
49
55
61
67
73
78
.31
.38
.57
.86
1.30
1.97
2.79
.73
.72
.69
.67
.65
.63
.61
.36
.35
.34
.32
.30
.28
.25
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-
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
"I,
9-4
I district along each principal street frontage from which there is a major
2 entrance to the district. Such signs may identify the center as a whole, and
3 the establishments, activities, and facilities within the district, but shall not
4 include other advertising.
5 2. Signs directing traffic, but bearing no advertising matter.
6 3. For individual establishments, not to exceed one sign for each wall
7 exposed to adjoining streets other than minor residential streets, mounted on
8 the building and not extending above its lower roof line. Such sign shall not
9 exceed ten percent (10%) of the area of the wall involved, provided however
10 that a minimum of thirty (30) square feet shall be permitted.
I I Insofar as reasonably practicable, no signs in PD-HC districts shall be
12 oriented toward nearby residential districts.
SECTION 906. SITE PLANNING --EXTERNAL RELATIONSHIPS.
906.1. Orientation of Permitted Uses and Structures.
13 Orientation of principal uses and structures shall be toward streets
14 other than adjacent minor streets in residential neighborhoods, and away from
15 such neighborhoods, whether or not the district is separated from residential
16 areas by streets.
906.2. Vehicular and Pedestrian Access.
17 Principal vehicular access points shall be designed to encourage smooth
18 traffic flow with controlled turning movements and minimum hazards to
19 vehicular or pedestrian traffic. Merging and turn -out lanes, frontage streets,
20 and/or traffic dividers may be required where existing or anticipated heavy
21 flows indicate need.
22 Whether required or provided voluntarily, such merging and turn -out
23 lanes, frontage streets, and/or traffic dividers may be included as part of the
24
required yard adjacent to the street, provided, however, that no such lanes,
9-5
I 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 access
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 I. 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 mointained 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
18 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 distnnce 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
9-6
I I be permitted in such area.
is 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-
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 or
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, if
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 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
N
N
ARTICLE 12.
SECTION 1200. APPPPLI
ANNED DEVELO
OF REGULATI
IT --MIXED USE DIS-
DISTRICTS
I The following regulations and restrictions apply to PD-MU: Planned
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 DISTRICTS, WHERE 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-
16 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 buildings, 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 PRINCIPAL AND ACCESSORY USES AND
II 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 Incation, 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.
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 ;jses 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
E
3
4
5
6
7
E']I
14
1202.2. Accessory Uses and Structures.
Uses and structures which are customarily accessory and clearly inci-
dental to permitted uses and structures may be permitted, subject to
limitations and other lawful regulations applying thereto.
Any use permissible as a principal use may be permitted as an accessory
use, subject to limitations and requirements applying to the principal use.
In connection with residential uses, wet dockage or moorage of major
private pleasure craft shall not exceed two (2) per dwelling unit for the first
ten (10) dwelling units, plus one for each one (1) additional unit.
Temporary special events involving outdoor gatherings, to the extent
not otherwise licensed, regulated or controlled under other regulations of the
City, shall be permissible only by Class B special permit. Not more than one
such outdoor gathering per year shall be permitted in connection with
openings or special promotions of any individual establishment, or for any
group of establishments on the same premises.
SECTION 1203. LAND USE INTENSITY RATINGS AND RELATED
15 The following requirements and limitations relating to land use intensity
16 ratings apply to PD-MU districts:
1203.1. Minimum Gross Land Area Required for Formation of PD-MU
istricts.
17 Minimum gross land area required for formation of a PD-MU district
18 shall be one hundred thousand (100,000) square feet in LU! sectors 2 and 3,
19 and fifty thousand (50,000) square feet in LUI sectors 4-8.
1203.2.
Intensi
Y
Ratios Applying to
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
L
•
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
Floor Are a.
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.
9
10
II
12
13
14
15
16
18
19
20
21
SECTION 1204. HEIGHT LIMITATIONS.
Within PD-MU districts, height shall be limited as provided in Table 4,
appearing in the Schedule of District Regulations, except as provided in
connection with transitional requirements and limitations.
SECTION 1205. SITE PLANNING.
Site planning and related requirements and limitations applying to
residential uses in PD-MU districts shall be as provided for residential uses in
PD-H: Planned Development -- Housing districts, at Section 612.1 through
612.6 and Section 613. For nonresidential uses in PD-MU districts, site
planning and related requirements and limitations shall be as provided in
relation to PD-HC: Planned Development -- Highway Commercial districts
at Section 906 and 907, except that where the nonresidential uses do not
adjoin boundaries of the PD-MU district or other commercial or industrial
districts, the requirements concerning transitional yards shall be as for PD-H
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 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
I I 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 02) 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
•
40
ARTICLE 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS
General Provisions
1500. Intent
I501. 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.
SPI-4:
Brickell Area Major Streets Overlay District
1550.
SPI-5:
Brickell-Miami River Residential -Office District
ARTICLE 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS
General Provisions
SECTION 1500. 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
0 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. PREPARATION OF RECOMMENDATIONS FOR SPECIFIC
ZONING;SPI
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 ma and p or maps 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
• 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 Approvals.
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 or special permit is required, no building permit or 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 for Variations from Regulations Applying_ Generally in
SPI Districts.
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
1 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
15-4
I such special plan or special permit review in SPI districts may require
Is 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
' 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 some procedures as for
20 amendments generally, as set forth in Article 35.
SECTIONS 1506-1509. RESERVED.
L
15-5
Provisions Relating to Specific SPI Districts
SECTION 1510. SPI-I: MARTIN LUTHER KING BOULEVARD COMMERCIAL DISTRICT.
-
SECTION 1511. 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 Sp2cified Intersections of Arterial
treets.
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
U
11
I 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 mass
4 produced items.
1512.2. Permissible Only by Special Permit.
5 Uses and structures permissible only by special permit shall be as for
6 CR-3, item 1, in connection with conversions. In addition:
7 I. 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, night clubs, fraternity or sorority houses, pool and/or
I I billiard halls, subject to limitations on transitional locations.
12 3. By Class C special permit only, parking garages and commercial
13 parking lots.
14 4. By Class C special permit only, rescue missions, temporary revival
15 churches, subject to limitations on transitional locations.
SECTION 1513. ACCESSORY USES AND STRUCTURES.
16 Requirements and limitations concerning accessory uses and structures
17 shall be as for CR.
SECTION 1514. TRANSITIONAL USES AND STRUCTURES.
18 Requirements and limitations concerning transitional uses and struc-
19 tures shall be as for CR.
SECTION 1515. MINIMUM LOT
1515.1. Minimum Lot Requirements.
20 Minimum lot requirements shall be as follows:
FLOOR AREA LIMIT
15-7
1
2
3
4
5
6
7
8
9
rc
12
13
14
15
16
17
18
19
20
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
1. For one and two-family detached dwellings, yard, parking and
other requirements applying RG-I districts shall apply.
2. For other uses, maximum Laid 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.
15-8
0
sp
50,000
8i OVER
vQi 40,000
a
w
z
a 30,000
c
z
g 20,000
N
N
O
10,000
U
AREA I ,AS DEFINED AT SECTION 1512.1.1
56 60I 651 �I (MAX,)
AREA 12 - REMAINDER 0!
5MLK AREA
I 0 55 60 65 (MAX.)
LUI RATINGS APPLYING IN THE
SPI-I: MARTIN LUTHER KING AREA
15-9
LAND USE INTENSITY RATINGS AND RELATED RATIOS
FOR RESIDENTIAL USES
SPI-I DISTRICT
Offstreet
ParkingDSpaces
LUI per
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
.66
.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
.II
1.0
71
1.72
.68
.45
.12
1.0
,-,N
15-10
LAND USE INTENSITY RATINGS AND RELA'i ED RATIOS
FOR NON RESIDENTIAL USES
SPI- I DISTRICT
Offstreet Parking*
LUI Spaces/
RATING F.A.R. O.S.R. P.O.S.R. Sq.Ft. loot 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
.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
i
* Except where other requirements have been established in CR for
specific uses.
15-11
1515.3. Special Rules Where District Boundaries Divide Properties or
","*N
I Where district boundaries divide properties within the same block, or
2 areas of transfer of development rights within the same 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 t►ansfer 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-1 district along the
27 common boundary, permissible floor area may be increased above
15-12
•
174
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.
8 4. Open space requirements, 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-1 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 yard 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-1 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
Front Zards, street side ards: 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
W 9
space where residential uses are involved) between any portion of
— 10
the building with exposure to the some frontage and the adjacent
t� I I
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 tares.
18 Interior side yards shall be a minimum of 5 feet in width, except
19 where buildings adjoin at or cross lot lines.
20 Rear Xords shall be a minimum of 20 feet in depth where lots in
21 this district abut a residential district boundary.
1515.5. Building Si, pacing.
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
SECTION 1516. HEIGHT LIMITATIONS.
• I Height shall be limited according to Land Use Intensity ratings as shown
2 below:
HEIGHT ENVELOPES BY LAND USE INTENSITY RATINGS:
SPI-I DISTRICT
3 Applying to all uses except where transitional requirements impose greater
4 limitations.
Land Use IntensitX Rating
50-6 - U-'7I
Plane 11 (feet) ' 4 _'M_ -To-
Light Planes, side and rear 75 75 80
(degrees)
Plane III ( feet) 50 50 50
SECTION 1517. MINIMUM OFFSTREET PARKING AND LOADING RE -
is 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 1. In connection with nonresidential uses, offsite parking may be
10 located not more than 600 feet from the lot it is intended to
I I 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.
4h
L1
s
SECTION 1516. HEIGHT LIMITATIONS.
I Height shall be limited according to Land Use Intensity ratings as shown
2 below:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
HEIGHT ENVELOPES BY LAND USE INTENSITY RATINGS:
SPI-I DISTRICT
Applying to all uses except where transitional requirements impose greater
limitations.
Plane II (feet)
Light Planes, side and rear
(degrees)
Plane III (feet)
SECTION 1517. MINIMUM
Land Use Intensity Rating
50-6 3-68 69-71
75 75 80
50 50 50
,EET PARKING AND LOADIN(
Minimum offstreet parking requirements shall be as for CR districts.
Minimum offstreet loading shall be as provided in Sections 2022-2023.
Offsite parking shall be governed by the provisions of Section 2018,
Offsite Parking, except as modified below:
I. In connection with nonresidential uses, offsite parking may be
located not more than 600 feet from the lot it is intended to
serve, with distance measured along existing or proposed pedes-
trian routes, in either the SPI-I or any adjoining district.
2. In connection with residential uses, offsite parking may be located
in SPi-i or any adjoining district, but only on lots contiguous to
the lot on which the residential use is located.
3. Such offsite parking shall be permissible only by Class C special
permit.
15-15
SECTION 1516. HEIGHT LIMITATIONS.
I Height shall be limited according to Land Use Intensity ratings as shown
2 below:
HEIGHT ENVELOPES BY LAND USE INTENSITY RATINGS:
SPI-I DISTRICT
3 Applying to all uses except where transitional requirements impose greater
4 limitations.
5
6
7
8
9
10
II
12
13
14
IS
16
17
•
Plane II (feet)
Light Planes, side and rear
(degrees)
Plane Ili (feet)
SECTION 1517. MINIMUM
Land Use IntensitZ Rating 50-6 - 69_71
' 4 — -- 0
75 75 80
50 50 50
PARKING AND LOADING RE.
Minimum offstreet parking requirements shall be as for CR districts.
Minimum offstreet loading shall be as provided in Sections 2022-2023.
Offsite parking shall be governed by the provisions of Section 2018,
Offsite Parking, except as modified below:
I. In connection with nonresidential uses, offsite parking may be
located not more than 600 feet from the lot it is intended to
serve, with distance measured along existing or proposed pedes-
trian routes, in either the SPI-I or any adjoining district.
2. In connection with residential uses, offsite parking may be located
in SPI-I or any adjoining district, but only on lots contiguous to
the lot on which the residential use is located.
3. Such offsite parking shall be permissible only by Class C special
permit.
15-15
SECTION 1518. LIMITATIONS ON SIGNS.
Limitations on signs shall be as for CR districts.
15-16
SECTION 1520. SPI-2: COCONUT GROVE CENTRAL COMMERCIAL DIS-
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.
ftk 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
401A. 20 involving pedestrian street frontages, site and building plans and related
21 reports shall be in such detail, and of such a nature, as to facilitate the
15-17
I making of determinations in the particular case as to conformity with the
2 principles established below.
1522.3. Considerations Generally; and on Pedestrian Street Frontages.
1522.3.1. Considerations Generally,
3 The general purpose of such special permit considerations shall be to
4 determine conformity of the application as submitted, or with such conditions
5 and safeguards as may reasonably be attached to assure such conformity, with
6 the requirements and expressed intent of these regulations as applying
7 generally throughout the district, as well as to any conditions, limitations or
8 requirements specified for particular uses or locations.
1522.3.2. Special Considerations on Pedestrian Street Frontages.
9 On pedestrian street frontages, the following special principles and
10 considerations shall apply.
II Ground floor frontage along pedestrian street shall be developed
12 primarily for uses promoting pedestrian traffic. ("Ground floor frontage", as
13 used here, is to be construed as including portions of buildings directly
14 accessible from pedestrian ways, as in the case of split-level developments
15 with part of the entries above grade and part below, but all directly
16 accessible from pedestrian open space).
17 Pedestrian open space for all ground floor uses along pedestrian streets
18 shall be provided at ground level and shall be accessible to the public from
19 the pedestrian frontage during business hours, and shall be located, designed,
20 improved and safeguarded to provided attractive, convenient and secure areas
21 for outdoor exhibits, displays and sales, and other outdoor activities
22 appropriate to permitted ground -floor uses or generally along pedestrian
23 streets.
24 To these ends, all pedestrian open space provided on pedestrian street
I frontages shall be appropriately landscaped and furnished for active and
2 passive pedestrian enjoyment, comfort and convenience.
SECTION 1523. PERMISSIBLE PRINCIPAL USES AND STRUCTURES.
1523.1. Princip2l Uses Permissible on Ground Floor Frontogn of Pedes-
trian streets.
3 Except as otherwise provided herein, only the following principal uses
4 shall be permitted on the ground floor frontage of pedestrian streets.
5 I. Retail establishments, as follows: Antique stores, arts stores and
6 commercial art galleries; bicycle sales; book and stationery stores open
7 to the general public; china and crockery stores; drug stores; florist,
8 including plant and shrub sales; food stores, including bakeries,
9 confectioneries, delicatessens, fruit and vegetable markets, groceries,
10 ice cream stores, meat or fish markets; gift shops; hardware stores;
I I hobby shops; home appliance stores; interior decoration supply stores
12 (but not general furniture stores); establishments for sale of marine
13 accessories (but not sale of boats involving outdoor display or storage
14 within the district); jewelry stores; news stands; office supply stores;
15 optical goods stores; package liquor stores (without drive-in facilities);
16 pet shops; photographic supply stores; variety and sundry stores;
17 establishments for sale of wearing apparel. Such establishments may
18 provide incidental repair, maintenance, adjustment or alteration serv-
19 ices as appropriate, but facilities, operation and storage in relation to
20 such services shall not be visible from any street or street -related
21 pedestrian open space. Aside from antique stores, art galleries, and
22 book stores, no such retail establishments shall deal In second-hand
23 merchandise.
24 2. Service establishments, including barber shops and beauty parlors;
25 health spas or studios; laundry and dry cleaning agencies or establish-
15-19
I ments, including those coin operated facilities, with rated capacity
2 limited to 25 pounds per machine, 500 pounds total, for laundry, and 10
3 pounds per machine, 40 pounds total, for dry cleaning; letter, photostat
4 and duplicating service; locksmiths; photographic service; shoe and
5 leather goods repairs; tailoring, dressmaking, millinery or drapery
6 fabrication, except where products are for off -premises sale.
7 3. Production of handicrafts (but not mass-produced items) incidental to
8 sale at retail on the premises.
9 4. Restaurants, tea rooms and cafes, except drive-in, including those with
10 dancing and live entertainment and with outdoor dining areas, subject to
12 limitations indicated for transitional locations.
13 5. Bars, saloons and taverns, and private clubs, including those with
14 dancing and live entertainment, are permissible in such ground floor
15 locations along pedestrian streets or elsewhere within this district only
16 by special exception, and only subject to limitations on transitional
17 locations.
18 6. Commercial recreational establishments such as pool halls, billard
19 parlors and game rooms.
20 7. Theaters are permissible in such ground floor locations along pedestrian
21 streets or else where within this district only by special exception.
23 8. Publicly -owned or operated recreational facilities, neighborhood cen-
24 ters, art galleries, museums, libraries and the like, and similar
25 privately -owned facilities not operated for profit.
26 All sales, display and service activities of uses permissible above shall
27 be contained within completely enclosed buildings, except that in open space
28 or partially open space there may be outdoor dining areas, and exhibits of arts
29 and crafts (other than those involving mass-produced items) and of flowers,
30 plants and shrubs, involving display and sale.
W
15-20
1523.2. PrinciRgl Uses Permissible at other Locations• Restrictions on
Is
ocation on Cround V loor FrontaZ of Pedestrian Streets.
I
In addition to all uses permissible on ground floor frontage of pedestrian
2
streets, the following shall be permitted, either above or behind establish-
3
ments developed with such frontage, or elsewhere within the district, but not
4
within such ground floor frontage except as provided at Section 1523.3,
5
below.
6
1. As for RG-3 for uses permitted or permissible therein, provided that:
7
a. In this district, regardless of special permits required in RG-3, all
8
uses require Class C permits unless otherwise specifically pro-
9
vided.
10
b. In buildings containing combinations of residential and office uses,
11
limitations as to proportion of office to total floor area shall not
12
apply.
•
13
2. Offices, business or professional; travel agencies; clinics; studios;
14
laboratories.
15
3. Banks, saving and loan associations, and similar financial institutions.
16
4. Business colleges, trade schools (except those having external evidence
17
of activities of an industrial nature?; conservatories; dancing schools.
18
5. Automotive service stations, commercial parking lots, and parking
19
garages shall be permissible only by special exception.
1523.3. Sp2cial Rules Concernins Extent and Location of Certain Uses On
Ground oor Frontage of Pedestrian Streets.
20
The following rules shall apply concerning extent and location of the
21
following uses on ground floor frontage of pedestrian streets:
22
1- On corner lots adjoining pedestrian streets on two exposures, limitations
23
as to the uses permitted on ground floor frontage shall apply to both
24
exposures of such lots.
25
2. Where the frontage of a lot on a pedestrian street is occupied at the
15-21
I ground floor level by uses permissible under the limitations of Section
2 1523.1 for at least 65% of lot width, the remaining frontage may be
3 occupied by uses permissible as provided at Section 1523.2, except for
4 automotive service stations, commercial parking lots or parking
5 garages, or as entrances inside or outside buildings to uses above or
6 behind those on the ground floor frontage, or as driveways or walkways
7 providing access to uses or parking or service areas behind the
8 pedestrian frontage.
9 3. Where by reason of horizontal embayments or vertical arrangement of
10 uses directly accessible in the open from pedestrian streets, the amount
I I of display and principal entrance exposure of such use frontage equals
12 that which would be required above, if the ground frontage were
13 developed in a straight line at a single level, any remaining width of
14 such frontage may be occupied by uses specified in Section 1523.2,
15 except automotive service stations, commercial parking lots, and
16 parking garages.
17 4. By Class D permit, the Zoning Board may permit occupancy of ground
18 floor frontage on pedestrian streets to an extent greater than otherwise
19 authorized, by uses as set forth in Section 1523.2, but only upon making
20 written findings in addition to those generally required in connection
21 with special exceptions that:
22 a. The nature of such use, as designed and as proposed to be located
23 within the general pedestrian pattern, would not have adverse
24 effects on the continuity of pedestrian flow, and/or
25 b. The location of the property is such that it does not fall within an
26 area of present or reasonably anticipated need for the kind of uses
27 specified in Section 1523.1, considering the existing and probable
28 future concentrations of pedestrian flow relating to them.
15-22
SECTION 1524. PERMISSIBLE ACCESSORY USES AND STRUCTURES.
I Uses and structures which are customarily accessory and clearly
2 incidental to permissible principal uses and structures, approved in the same
3 special permit proceedings, and initiated or completed within any time limits
4 established generally or in relation to the special permit, shall be permitted
5 subject to limitations established by these or generally -applicable regulations.
6 Other accessory uses and structures shall require a Class C special permit.
7 The following special limitations or exceptions shall apply to accessory uses
8 and structures in this district:
9 I. No above -ground off-street parking or loading areas shall be permitted
10 between any front portion of a building and the front line of a lot
11 adjoining a pedestrian street, provided however that off-street parking
12 for bicycles may be permitted in such areas, subject to limitations and
13 requirements as to location, design and number established in connec-
14 tion with special permits.
15
2. Where approved as to location, design, improvement, and provisions for
16
maintenance and management in connection with the special permit
17
required, outdoor exhibits,, displays, sales or other activities may be
18
conducted in pedestrian open space on property adjacent to pedestrian
19
streets even though not customarily accessory to the adjacent principal
20
use. Areas or facilities so approved may be used for regular,
21
intermittent, or temporary special events without further permitting
22
which might otherwise be required under these zoning regulations for
23
such events.
24
3. Roofed shelters open at the side and toward the street for at least 40%
25
of perimeter of coverage, exhibit and display stands and cases, and
26
community or neighborhood bulletin boards or kiosks may be permitted
27
in any pedestrian open space on private property fronting on a
15-23
I pedestrian street, either under original special permif action or by
2 subsequent Class C special permit, provided that enclosed exhibit or
3 display cases, bulletin boards or kiosks shall not in combination occupy
4 more than 25% of the area of pedestrian open space required in such
5 locations. In this district, such coverage or occupancy shall be
6 allowable notwithstanding general limitations on occupancy.of required
7 yordi or other open spaces.
SECTION 1525. TRANSITIONAL REQUIREMENTS AND LIMITATIONS.
8 Transitional requirements and limitations shall be as for CR districts,
9 items I and 2. In addition:
10 Where lots in this district directly adjoin lots in RS-I, RS-2, RG, or RO
I I districts at the side, no property within this district within 50 feet of the
12 district boundary shall be used for:
13 1. Automotive service stations, commercial parking lots or parking
14 garages.
15 2. Restaurants, tea rooms and cafes, or bars, saloons, taverns or private
16 clubs, having dancing or live entertainment. Outdoor dining or other
17 areas for services for patrons or club members.
SECTION 1526. MINIMUM LOT REQUIREMENTS: MINIMUM OPEN SPACE
1526.1. Minimum Lot Requirements.
18 1. For residential uses only, not involving mixtures with other uses,
19 minimum lot width and area shall be as for RG-2 districts.
20 2. For automotive service stations, minimum lot requirements shall be as
21 provided at Section 2030. I.
22 3. For other uses, and for mixtures of other uses with residential uses, no
23 specific dimensional minimum requirements are established, but lots
24 shall be of sufficient width and area to conform with other require-
15-24
I ments and limitations of these and other lawful regulations.
0 1526.2. Minimum Open Space Requirements.
1526.2.1. Minimum Yards.
2 Except as required in specified transitional locations, yards adjacent to
3 streets and interior side and rear yards (where buildings are not built to a
4 common wall) shall be at least 5 feet in depth or width, as appropriate to lot
5 orientation.
6 Yards adjacent to pedestrian streets may be crossed by driveways equal
7 in maximum width to 25% of the width of the lot (or depth where such streets
8 adjoin at the side), provided that in no case shall any such driveway exceed 18
9 feet in total width (aside from flares).
1526.2.2. Building Spacing.
10 Yards as required above shall be increased as necessary to meet
I I requirements of Section 2013, Open Space and Building Spacing, and the
12 building spacing requirements therein shall govern distances between build-
13 ings and portions of buildings where more than one building is effected on a
14 lot. For buildings spacing purposes, in the case of nonresidential buildings all
15 walls other than tertiary shall be construed to be secondary walls.
1526.2.3. Transfer of Development Rights Affecting Side or Rear Yards or
16 Transfer of development rights affecting side or rear yards or building
17 spacing shall be permissible only by Class C special permit.
1526.2.4. Open Space Ratios.
18 For floor area, open space and parking ratios relating to residential
19 uses, Table I in the Schedule of District Regulations shall apply. For ratios
20 relating nonresidential uses, Table 3 in the Schedule of District Regulations
15-25
! shall apply.
SECTION 1527. MAXIMUM HEIGHT.
2 Maximum height limitations shall be as for 0-1, except that the
3 Plane 111 maximum shall be 50 feet in this district.
SECTION 1528. MINIMUM OFF-STREET PARKING.
4 Minimum offstreet parking requirements shall be as for CR for uses
5 permissible in the SPI-2 district. In addition, the following provisions or
6 limitations shall apply.
7 I. Since it is intended that automotive traffic related to nonresidential
8 uses shall be minimized on pedestrian streets, location of nonresidential
9 offsite parking shall be permissible as provided at Section 2018, but
10 without any demonstration or required finding as to practical difficul-
I I ties or unnecessary hardship in providing required parking on the site.
12 Offsite required parking for residential uses shall require such demon-
13 stration and finding.
14 2. In addition to the reductions in offstreet parking requirements,
15 provisions for deferral of part of parking improvements, and arrange-
16 ment for provision of joint parking facilities authorized in Section 2017,
17 in any mixed -use development including a theater, spaces required for
18 other nonresidential uses may be credited toward meeting requirements
19 for the theater to the extent justified by timing of peak demands.
20 3. Where outdoor areas are regularly used for display and sales, or as
21 dining areas, 60% of the area so used shall be counted as floor area for
22 purposes of computing parking requirements if the display, sales or
23 service area in an outdoor extension of an adjacent indoor uses; 80% if
24 it is not an outdoor extension of an adjacent indoor use.
25 4. Bicycle spaces shall be provided in a number equal to the number
15-26
I automotive parking spaces required, except that not more than 10 such
2 bicycle spaces shall be required. Spaces shall be located and improved
3 to promote security and the comfort and convenience of both
4 pedestrians and cyclists, and shall generally be on -site, but may be
5 provided jointly under the provisions of Section 2017.9, Joint Parking
6 Facilities for Contiguous Use where such joint facilities are found to be
7 in the public interest. Storage apparatus shall be so designed as to
8 permit locking bicycles to it securely.
SECTION 1529. LIMITATIONS ON SIGNS.
9 No signs intended to be read from off the premises shall be permitted
10 except as provided below:
1529.1. General Limitations.
1529.1.1. Prohibited Signs.
11 Billboards, poster panels and other outdoor advertising signs shall be
12 prohibited in this district. Other offsite signs shall be prohibited except when
13 posted on community or neighborhood bulletin boards or kiosks, in accordance
14 with limitations and regulations relating thereto at Section 2025.3.10 and
15 those applied in special permit proceedings on particular community or
16 neighborhood bulletin boards or kiosks. Except for such bulletin boards or
17 kiosks, ground or freestanding signs are prohibited.
18
1529.1.2. Signs More than 15 Feet Above Grade Limitations on Number,
19 Area, Subject Matter.
20 Signs erected with their lowest portions more than 15 feet above grade
21 shall be limited to those identifying the building and the nature of the
22 establishments it contains. Only one such sign, not exceeding 50 sq.ft. in
. 23 area, shall be permitted for each face of the building oriented toward the
24 street, except that where the length of a building wall exceeds 150 feet, a
15-27
I 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
Tea.
2 Wall signs (not including signs in glassed areas of windows or doors) and
3
4
5
6
CJ
E
10
II
12
13
14
projecting signs erected with their highest portion 15 feet or less above grade
shall be limited in total area to 20 sq.ft., except as otherwise specifically
provided herein. Signs in the glassed areas of windows and doors shell not
exceed 20% of the glassed area of the window or door involved.
1529.2. Detailed Limitations Wall Signs, Projecting Signs, Marquee S
Window Sians.
Within the 20 sq.ft. maximum allowable at or below 15 feet above
grade, the following limitations shall apply to number and area of signs. Not
more than one wall sign may be erected per establishment and maximum area
of any such sign shall be 20 sq.ft. Not more than one projecting sign other
than a marquee sign, shall be erected, with not to exceed two sign surfaces,
neither of which shall exceed 10 sq.ft. in area. No such sign structure shall
extend more than three feet from the wall of the building. Marquee signs
shall be limited to one per establishment and three sq.ft. in sign area.
1529.3. Real Estate Signs, Construction Signs, Development Signs, Num-
tier ana Area.
15 Real estate, construction or development signs, individually or in
16 combination, shall be limited to one per street frontage, not exceeding 10
17 sq.ft. in area, and erected with the highest portion 15 feet or less above
18 grade. Real estate signs which are not part of construction or development
19 signs shall not require a special permit.
1529.4. Directional Signs, Number and Area.
20 Directional signs, which may be combined with address signs but shall
21 bear no advertising matter, may be erected to guide to entrances, exits, or
—.
15-28
I parking areas. Not more than I such sign, not exceeding 5 ,qq.ft. in area, shall
2 be erected per entrance, exit, or parking area.
1529.5. Community or Neighborhood Bulletin Boards or Kiosks, Area and
Location.
3 Area and location of community or neighborhood bulletin boards or
4 kiosks shall be determined at the time of special permit proceeding.
1529.6. Additional Wall Signs for Theaters, Museums, Noncommercial Art
5 In addition to signs permitted above, theaters, museums, noncommercial
6 art galleries and the like may have wall sign areas for display of
7 announcements concerning coming or current exhibits or performances. Area
8 of such display surfaces shall not exceed 2 sq.ft. for each lineal foot of
9 building wall fronting on a street, with maximum permissible area 200 sq.ft.
1529.7. Special Permit ReguirementsLSpecified Types of Signs.
10 Except where such signs are approved in connection with general special
I I permit actions concerning development on the premises, a Class C permit
12 shall be required for the following signs: permanent window or door signs,
13 projecting signs, marquee signs, development signs, construction signs,
14 directional signs, community or neighborhood bulletin boards or kiosks, and
15 wall sign display areas for theaters, museums, noncommercial art galleries
16 and the like.
17 All signs requiring special permits shall conform to the design standards
18 set forth in Guides and Standards for use with Miami the Zoning Ordinance.
15-29
SECTION 1530. SPI-3:
ROVE MAJOR STF
AY
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 is the intent of these special public interest district regulations that
9 future public and private development shall respect and enhance this
10
II
12
13
14
15
16
17
character, preserving property values and enhancing Coconut Grove's desiro-
bility as a place to live and work. These special regulations are intended to
apply to highly visible, relatively intensively developed areas strategically
located along major streets in the community, to protect against inappropri-
ate height, discordant or incongruent design, disturbance of natural features,
and to encourage development in such portions of the community in a manner
appropriate to preservation of its unique physical, cultural and historic
heritage.
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.
1533.1. When Required.
15-30
I No building permit shall be issued within the boundaries of the SPI-3
Is 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,
II 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 O,pen_Sp, c,e.
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
0 22 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 Circulations 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
I 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.
NO
15-32
SECTION 1540. SPI-4: BRICKELL AREA MAJOR STREETS OVERLAY
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 transect 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,
I I 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 SPI-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
0 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:
1543.3. General Considerations in Making Class C Sp2cial Permit Deter-
m4natians: asic PrinciDles 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 Prop2sed Im rovements to Natural Features Sur
-
roun ina Buildinas.
I I Proposed improvements shall be related harmoniously to the terrain,
12 and in particular small 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
18 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
I 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 need screening to avoid
5 adverse effect on adjoining properties shall be adequately concealed by
6 appropriate plantings or other screening.
1543.3.4. Drivesl Parking, Circulation, Utilities.
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 parking 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
t2 be appropriate provision for servicing utilities.
dr 1543.4. Special Limitations on Walls, Vehicular Ways and Parking in the
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
SECTION 1550. SPI-5: BRICKELL-MIAMI RIVER RESIDENTIAL -OFFICE
SECTION 1551. 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 designed as to assure open character,
10 attractive and secure pedestrian open space (including plazas) available to the
II 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 Planning, and Architectural Design.
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
I to waterfront areas appropriate to public needs and needs of the occupants of
40 2 adjoining properties, and providing both for desirable shade and shelter in
3 pedestrian areas (and particularly plazas), and solar access where necessary
4 to 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 occupancy, and
10 constituting major impediments to desirable views and to light and flow of air
1 I 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
40 15 against dominance of the character of the district by automobiles. To this
16 end, it is intended that off-street 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
I Except as otherwise indicated in connection with specified uses, a Class C
2 special permit shall be required.
1552.2. Materials to be Submitted with Applications.
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 General IX, and on Waterfront Properties.
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
10 and safeguards as may reasonably be attached to assure such conformity, with -IN
II the requirements and expressed intent to 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 major
14 determinations in this class of cases, the Planning Director shall seek the
15 advice of the Urban Development Review Board.
1552.3.2. Special Consideration on Waterfront Views, Waterfront Access.
16 Along waterfronts, buildings shall be so oriented and designed as to
17 minimize impediments to water views from principal public viewpoints at
18 ground level and from higher portions of nearby buildings. In determinations
19 concerning such views, preference shall be given to orientations and design
20 giving the least cumulative impediment to horizon arcs including such views.
21 Public access to waterfront plazas and walkways shall be provided --N
22 where appropriate to adjoining uses, but shall not be required where such use
15-38
I is residential at the ground level and security and privacy would be impaired
2 by such access.
1552.3.3. Special Considerations on Vehicular Access to Property, Major
Streets.
3 Because of the high intensity of development within this district, the
4 large volumes of traffic anticipated within it and through it, and the intent to
5 design for pedestrian comfort and convenience, special consideration shall be
6 given to separation of vehicular and pedestrian traffic and to design and
7 location of vehicular entrances to passenger loading facilities and off-street
8 parking and loading areas. In general, principal pedestrian entrances to
9 buildings shall be along street frontages, particularly where streets with
10 major traffic flows are involved, and vehicular entrances shall be at the side
II or rear on streets less intensively used for through traffic, in order both to
12 separate pedestrian from vehicular flows and to minimize marginal vehicular
13 friction along major streets.
SECTION 1553. PERMISSIBLE PRINCIPAL USES AND STRUCTURES.
1553.1. Permissible Generally, Without Limitation on Location Within the
District. '-
14 The following uses shall be permissible generally, without specific
15 limitation on location within the district:
16 I. Attached and multifamily dwellings; hotels, including apartment
17 hotels and residences hotels.
18 2. Offices, business and professional (other than those selling
19 merchandise on the premises); clinics (other than veterinary);
20 studios; laboratories.
21 3. Banks, savings and loan associations, and similar financial institu-
41 22 tions, provided that drive-in facilities for such establishments
23 shall be permissible only subject to the requirements of Section
15-39
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2031, and that there shall be no entrances or exits to such
facilities from major streets.
4. 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 alcoholic 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
apply.
5. 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,
doncing schools.
6. Child care centers, subject to applicable provisions of Section
2036.4 and 5.
7. Hospitals, convalescent homes, nursing homes, institutions for the
aged or infirm, personal rehabilitation centers.
8. Places of worship.
9. Recreational buildings and facilities, playgrounds, playfields,
parks, beaches and the like.
10. Auditoriums; libraries, museums and galleries related to the fine
arts, neighborFiood or community centers.
11. Garden, service, civic or private clubs and lodges (not for profit).
12. Structures and uses other than those listed above required for
performance of a governmental function, except uses involving
extensive storage or with storage as the primary purpose.
13. Structures and uses relating to operation of public utilities and
requiring location within the district to serve it or neighboring
-N
15-40
I districts; railway rights of way and tracks or other special ways
2 for mass transit facilities; mass transit stations; but not railroad
3 yards, storage or warehousing, switching or shops; provided that
4 no such public utility use shall involve extensive storage or have
5 storage as its primary purpose.
1553.2. Permissible Sub'ect to Limitation Within the District Limitation
as to Location in Buildincis or on ots, or imitation_ as toSize o
6
I. 'rhe following establishments, as principal uses, shall be limited to
7
location on the ground floor of buildings predominantly in office
8
and/or residential uses, or in ground floor locations in parking
9
garages which are either principal or accessory uses. Individual
10
establishments shall not exceed 2,000 sq.ft. in floor area and shall
I I
front on pedestrian portions of the right of way of streets or on
12
other pedestrian open space with public access from streets, or on
13
internal arcades with public access from streets:
14
a. Retail establishments, as for CR-I districts.
15
b. Service establishments, including photographic studios; bar-
16
ber and beauty shops; tailoring, dressmaking and millinery
(7
shops except where products are for off -premise sale;
18
duplication centers; laundry and dry cleaning agencies (not
19
including laundering or dry cleaning on the premises}; ticket
20
and travel agencies.
21
c. Bars, saloons, taverns.
22
2. The following principal uses shall be limited as to location within
23
the district depending on their characteristics of design and
24
operation and the character of surrounding development, existing
25
or probable:
26
CIO F-lel istops, heliports.
15-41
I b. Marinas.
2 C. Parking lots, parking garages, provided that there shall be no
3 vehicular access to such facilities directly from major
4 streets. Parking lots with any portion adjacent to a major
5 street may be permitted as a temporary use only, with time
6 litnits and conditions for renewal (if allowable) specified,
7 and with special requirements concerning improvement of
8 portions of lots adjacent to major streets or other streets
9 with principal pedestrian flows to provide buffering and
10 reduce potential adverse effects on such flows.
II
SECTION 1554. PERMISSIBLE ACCESSORY USES AND STRUCTURES.
12
Uses and structures which are customarily accessory and clearly
13
incidental to permissible principal uses and structures shall be permitted
14
subject to limitations established by these or generally applicable regulations,
15
subject to modifications and specific requirements as established below:
16
17 1554.1. Modifications of Application of Section 2003.
18 The provisions of Section 2003 shall apply within this district with the
19 following modifications:
20 a. All determinations on accessory convenience establishments (Sec-
21 tion 2003.7.3) shall be made in connection with Class C special
22 permits covering general applications for the development as a
23 whole, provided that where such general determinations do not
24 include particular types of uses proposed later, subsequent Class C
25 special permits shall be required.
26 b. Limitations on size of restaurants as accessory convenience
27 establishments (Section 2003.7.4) shall not apply in this district.
28 c. Limitations on access to accessory convenience establishments, on
-_'N
15-42
I signs, on location of off-street parking and loading facilities, and
2 on location, orientation, design and landscaping in relation to
3 restaurants (Sections 2003.7.5 through .8) shall not apply in this
4 district.
1554.2. Driveways, Pedestrian Loadinq Areas and Related Parkina. as
5
Where a major pedestrian system has been designated within this
6
district:
7
a. Driveways providing access to major accessory parking structures
8
shall not cross the pedestrian ways thus designated if other access
9
is reasonably feasible. Where no other access is reasonably
10
feasible, grade separation of pedestrian and vehicular traffic, or
I I
such other measures as will minimize interruptions of pedestrian
12
flow, shall be required.
13
b. Where the scale of character of principal uses and orientation of
14
property is such as to require the establishment or passenger
15
loading areas, and logical location of such areas and access
16
driveways is within or across the designated pedestrian system,
17
without reasonable alternative, grade separation or such other
18
measures as will minimize interruptions of pedestrian flow shall
19
be required. In relation to such passenger loading areas, parking
20
other than within structures shall be limited to 5% of the
21
minimum required for uses on the premises.
22
As appropriate to the circumstances of the case, use of such
23
parking spaces shall be limited to cab stands, parking for the
24
handicapped, parking for specified periods not to exceed maxi-
. 25
mums established, or as otherwise appropriate.
26
Except when combined with driveways described at (a), above, no
15-43
such driveway shall be used as a principal access to major
2 accessory off-street parking on the premises, provided that in
3 relation to hotels or other uses combining passenger loading areas
4 with attendant parking of vehicles, incidental access to such
5 major parking facilities may be permitted, subject to limitations
6 reducing potential conflicts with major pedestrian movements.
1554.3. Outdoor Displays, Exhibits, Sales, Service, of Food or Drinks, or
7 Where approved by general Class C special permit in connection with
8 original development, or in subsequent Class C special permit action, as to
9 location, design, improvement, provision for maintenance and management,
10 and provision for free pedestrian movement through the area without
i l unreasonable interruption by such facilities or activities, outdoor exhibits,
12 displays, sales, service of food or drinks, or other activities may be conducted
13 in pedestrian open space, including plazas, whether or not such facilities or
14 activities are customarily accessory to the adjacent principal use. Areas,
15 activities and facilities so approved may be used for regular, intermittent, or
16 temporary special events without further permitting which might otherwise
17 be required under these zoning regulations, but shall not be exempted hereby
18 from requirements for other permits.
1554.4. Open Shelters, Display Stands and Cases, Bulletin
Outdoor Service Facilities for Food or urink, txernptions trom
Yard or Open Space OccuDancy Limitations and trom Inclusion in
Floor Area Tor PurDoses ot Bulkimitation or ComDutation oi'
ons.
19 Where approved by general Class C special permit in connection with
20 original development, or in subsequent Class C special permit action, roofed
21 shelters open at the side and for at least 40% of perimeter of coverage,
22 temporary fabric roofs or windbreaks, exhibit and display stands and cases,
23 community or neighborhood bulletin boards or klosks, and facilities for
15-44
0
•
I outdoor service of food or drinks may be permitted in appropriate locations In
2 plazas or other pedestrian open space. If so approved, suci► .-helters,
3 structures of facilities shall be exempted from limitations generally applying
4 to occupancy of yards or pedestrian open space, and sheltered areas as
5 indicated and areas for service of food or drinks shall not be included in floor
6 area limited by floor area ratios on the property, or counted in computing
7 off-street parking requirements, but occupancy by such shelters, structures or
8 facilities shall not exceed 25% of total pedestrian open space required in
9 relation to the property.
SECTION 1555. RESERVED.
SECTION 1556. MINIMUM LOT
IMUM OPEN SPACE
1556.1. Minimum Lot Required for Maximum L.U.I. Rating; Lesser_ Lot
Areas.
10 I. Residential uses and/or office, commercial, or other non-residen-
I I tial uses shall be as for RG-2, 3, 4 as listed on the Schedule of
12 District Regulations, but the maximum Land Use Intensity ratings
13 applicable to such uses (other than principal parking uses) shall
14 apply only where gross lot area is 70,000 sq. ft. or more, for lots
15 in single ownership or under transfer of development rights
16 agreements.
17 For lesser gross land areas, Land Use Intensity Ratings and related
18 ratios and requirements shall be as indicated on the chart below
19 and in the tabulation of detailed Land Use Intensity Ratings.
20 Where the chart indicates a fractional number, read to the nearest
21 whole L.U.I. rating.
15-45
1
2
3
4
5
6
7
8
9
10
II
70,000
& OVER
60,000
U. 50,000
a
40,000
a
0
a 30,000
.J
N
20,000
c�
n
67 72 77
IOFFICE COMMERCIAL OTHER NONRESIDENTIAL
63 63 73
LUI RATINGS APPLYING IN THE
SPI -5 BRICKELL - MIAMI RIVER
2. For parking garages as principal uses, total floor area in
structures containing parking garages shall not exceed FAR 2
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 establishments indicated at
Section 1553.2.1, or for restaurants, which shall be permitted in
connection with parking garages as incidental principal uses. Such
establishments or restaurants, in addition to restrictions otherwise
established by these regulations, shall not in combination occupy
more than 20% of the floor area of the building, but to the extent
that upper deck areas are used for outdoor service, such deck
III
'1
No
15-46
I areas shall not be included as floor area for purposes of these
. 2 limitations. Any such incidental principal uses shall be located
3 and oriented along lines of pedestrian flows, either adjacent to
4 ground -level pedestrian open space or to partly -covered or
5 interior arcades.
6 Other than fixed yards requirements applying to all buildings, no
7 additional open space or pedestrian open space need be provided,
8 but at least 75% of the area of any yard provided adjacent to a
9 street shall be reserved and improved as pedestrian open space.
10 Plaza requirements shall not apply to parking garages as principal
II uses.
1556.1.1. LUI Ratings and Related Ratios ApplZing Within District.
•
LAND USE
INTENSITY RATINGS AND
RELATED RATIOS
FOR RESIDENTIAL USE
SPI-5 DISTRICT
Off Street
Parking Spaces
L.U.I.
Per D.U.
RATING
F.A.R.
O.S.R. L.S.R.
R.S.R.
T.C.R.
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
.8
77
2.60
.76 .52
.15
.8
Ll
15-47
LAND
USE INTENSITY RATINGS AND RELATED
RATIOS
FOR
NON-RESIDENTIAL USES
SPI-5 DISTRICT
Off Street Parking
L . U. 1.
Spaces/
RATING
F.A.R.
O.S.R. P.0.S.R.*
Sq. Ft. Floor Area
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
Plaza space, designed, improved and located as required herein, shall be
provided at 10% of required pedestrian open space, provided that in no
case shall less than 400 sq.ft. of plaza area be required.
1556.2. Minimum Yards Pedestrian OREn Space and Plaza Areas Require-
ments an Limitations on Location, IM2rovements and Use.
1556.2.1. Front Yards.
I I. Adjacent to Brickell Avenue, all yards shall be 30 feet in minimum
2 depth. Except as provided at Section 1554.2, there shall be no
3 driveways or off-street parking in any yard between Brickell
4 Avenue and the nearest portion of any building.
5 2. Adjacent to other streets, front yards shall be a minimum of 20
6 feet in depth. When vehicular access to the lot is available from a
7 side street, no such access shall be permitted from the front
8 street. Where lots have double frontage, if vehicular access from
9 a side street is not available, such access shall be from the
10 frontage of the street anticipated to carry the least amounts of
I I traffic. Where doubts exist as to future relative traffic loads,
15-48
I points of access shall be established in the course of Class C
1* 2 special permit proceedings.
1556.2.2. Other Yards.
3 Except as greater dimensions are required for building spacing, street
4 side yards and all interior yards (side, rear and special) shall be a minimum of
5 15 feet in least dimension, provided that where buildings on adjoining
6 properties are built to common walls at interior property lines, yards which
7 would otherwise be required may be omitted, and that where equivalent
8 spacing is maintained between buildings on adjoining property under transfers
9 of development rights, yard dimensions on both sides of the property lines
10 involved may be varied accordingly, subject to approval in Class C special
I I permit determinations.
1556.2.3. Earking Prohibited in Required Yards Adjacent to Streets: Land-
sscapi ng_Required.
12 Required yards adjacent to streets shall not be used for off-street
13 parking. Except for portions authorized for vehicular access, such required
14 yards shall be appropriately landscaped and provided with pedestrian ways.
1556.2.4. Application of LUI Ratios; Exceation as to General Method of
Agelication in this District; Prohibition Against Creation of PD
Districts.
15 Notwithstanding the manner in which sector numbers apply generally to
16 the areas indicated on the Official Zoning Atlas, floor area, open space,
17 livability space, pedestrian open space, and off-street parking requirements
18 for residential and non-residential uses shall be as shown in Section 1556.1.1
19 and the special review procedures established herein, and no PD district shall
20 be hereafter established within the boundaries of this district.
0 1556.2.5. Building Spacing.
15-49
I Yards as required above shall be increased as necessary to meet
2 requirements of Section 2013, Open Space and Building Spacing in RG and
3 PD-H Districts, and the building spacing requirements set forth therein shall
4 govern distances between buildings and portions of buildings where more than
5 one building is erected on a lot. For building spacing purposes, in the case of
6 nonresidential buildings or portions thereof, all walls other than tertiary wails
7 shall be construed to be secondary walls.
1556.2.6. Pedestrian Open Space; Special Requirements Concerning Plazas.
8 Pedestrian open space shall be provided, improved and maintained as
9 generally required, and may be used as generally provided or as especially
10 provided in this district. Such space shall be at ground level, provided that in
11 connection with particular Class C special permit determinations., not to
12 exceed 10% of required pedestrian open space may be permitted to be in
13 approved above -ground locations on roofs or decks of parking garages
14 appropriately improved and landscaped for such purposes.
1556.2.6.1. Special Requirements for Plaza Area, Seating, Landscaping.
15 As a portion of such pedestrian open space, there shall be provided in
16 this district an amount equal to at least 10% of total requirement, which shall
17 be located at ground level where it will be accessible from public ways. Such
18 required plaza area shall be within the buildable area remaining after exterior
19 yard requirements are met, and shall be improved for intensive pedestrian use
20 and enjoyment as follows:
21 I. One lineal foot of seating in the form of benches shall be provided
22 for each 50 sq.ft. of required plaza area. Such seating shall be in
23 addition to any chairs provided in connection with outdoor service
24 food or beverages.
25 2. Trees shall be provided as follows: One per 500 sq.ft. for plazas
15-50
0
I up to 2,000 sq.ft. of required plaza area; one per 800 sq.ft. for
2 plazas up to 60000 sq.ft. in required area; and one per 1,000 sq.ft.
3 for plazas exceeding 6,000 sq.ft. in required area. Each such tree
4 shall have a minimum of 200 cubic feet of soil, 42" deep and an
5 open planting bed of at least 50 sq.ft. Raised boundary walls
6 around such planting beds shall be not more than 16 inches in
7 height.
8 Where required plazas adjoin public rights of way, one tree shall
9 be provided every 30 linear feet along the perimeter in the
10 grassed area between the sidewalk and the roadway or in the
I I sidewalk where grassed areas do not exist. Sidewalk tree planting
12 surfaces shall be a minimum of 10 sq.ft.
13 Varieties of trees selected shall be appropriate to location. Where
14 plazas or perimeter planting areas are shaded by buildings,
15 selection shall be made accordingly.
SECTION 1557. HEIGHT LIMITATIONS.
16 Height shall be limited according to the Land Use Intensity ratings as
17 shown below and in addition: when parking garages are permitted as a
18 principal use, plane III shall be 50 feet; where accessory parking is provided,
19 other than underground, the structure housing such parking shall not exceed
20 30% of the height of the tower.
Plane 11 (feet)
Light planes, side and rear
(degrees)
Plane III (feet)
Land Use Intensity Ratings
6- -7
15-51
SECTION 1558. OFFSTREET PARKING AND LOADING.
I In addition to the offstreet parking requirements established at Section
2 1556.1.1 and non-residential uses for which parking requirements are not
3 otherwise established, the requirements of RG-4 shall apply for uses for
4 which special requirements are established there.
5 Offstreet loading requirements shall be as provided in Sections 2022-
6 2023, provided that special permit requirements set forth there shall be
7 waived in cases where new developments involving general Class C special
8 permits cover the same matters.
9 Offsite parking shall be permissible as provided in Section 2018,
10 provided that in this district general Class C special permits may cover
I I matters requiring other special permits as in the case of offstreet loading,
12 above.
13 Within this this district, 90% of all offstreet parking, required or other,
14 in relation to a principal use, shall be within enclosed structures on the \
15 premises, except where offsite parking is authorized as provided above. A
16 number of parking spaces equal to not more than 5% of the required number
17 of offstreet space may be authorized in connection with passenger loading
18 areas. A number of parking spaces equal to not more than 10% of the
19 required number may be permitted in the open, at ground level or on parking
20 decks for which architectural treatment and screening from ground -level or
21 other views has been approved in Class C special permit procedures.
22 The upper surface of underground parking structures shall not exceed a
23 height of 3 feet above the average grade of the abutting right of way, and no
24 parking shall be permitted on top of that portion of an underground parking
25 structure which is above the established grade except as provided above in
26 relation to open parking on decks. In no case shall such open parking be
27 permitted on such decks within required street yard areas.
15-52
SECTION 1559. LIMITATIONS ON SIGNS.
• I Sign limitations shall be as provided for RG 2 districts.
ARTICLE 16. RESERVED.
ARTICLE 17. RESERVED.
ARTICLE 18. RESERVED.
15-53
ARTICLE 19. SPECIAL PUBLIC INTEREST DISTRICT— INTERIM
ZONING DISTRICT
1900.
Def fined; Intent
1901.
Applicability
1902.
Contents
1903.
Procedures
1904.
Official Atlas
ARTICLE 19. SPECIAL PUBLIC INTEREST DISTRICT --INTERIM
iZONING DISTRICT
SECTION 1900. DEFINED; 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 zoning applied to the area, pending deter-
4 mination 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
I I 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-
I sion shall be guided by the applicable provisions of Article 15 and include, but
2 not necessarily be limited to, the following:
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 mail 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 tion, 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.
W
19-2
I sion shall be guided by the applicable provisions of Article 15 and include, but
2 not necessarily be limited to, the following:
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 mail 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 tion, 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
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
2000.
Application
2000.1.
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
e
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
i
Establ ishment
2003.7.3.
Accessory Convenience Establishments, Uses Permitted
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
2000.
Application
2000.1.
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
Establishment
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, Conforining, 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
2005.11. 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 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
2008.3.4.
Canopies Over Vehicular Areas
2008.4.
Signs in or Over Required Yards
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
2011.1.1.
Establishment of Land Use Intensity Ratings by LUI Sector
Mops
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
i
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
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
20I 3.5.6.5.
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, (ref ined
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
Same 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
2914.2.3.1.
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-
blished
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
,'_'N
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
Loading Requirements, General Provisions
2022.
Offstreet
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, Onsi to
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
2025.1.11.1. 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
'1
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 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-
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, Commod�+ies, 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. Minimum 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, Minimum 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 RGI 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.
Defini Lions
2037.3.
Limitations on Adult Entertainment or Adult Service Establish-
ments
2037.4.
Discontinuance or Abandonment
E
ARTICLE 20. GENERAL AND 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 Buildings or on
Premises; Cumulative Requirements or imitations.
S 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. Varyina Floor Area Ratios ADDlyina to Uses Combined in Building.
• 8 Where there is variation between floor area ratio limitations applying to
9 permitted uses within the some building (or buildings on the some lot), the
10 combined floor area limitations shall be construed to be met if the sum of lot
I I 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. Varyina Yard. Oren Space. and Buildina Saacina Reauirements
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 some building, residential requirements shall apply with respect to the
16 portions of the building devoted to residential uses, and any other require-
17 ments 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
I security, and the total floor area of the dwelling or lodging units does not
2 exceed ten percent (10%) of the total floor area of the building, residential
3 yard, open space, and building spacing requirements shall not apply with
4 respect to such dwelling or lodging units.
5 In particular:
2000.1.2.1. Varyina Livability and Pedestrian Open Se2ce Re52irements
or Total OE22n ce Requirements, Where Residential an
Other ses are Combined in Buildinq.
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
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 S29ce for Use B4 Residential
Occu-22nts in Cases Where Residential and Other Uses are
Combinedin a ui ing.
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.
W
20-2
2000.1.2.3. Varying Building Se9cing Requirements Where Buildin
Contain Residential and Other Uses.
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. VarXing Sign Li-mitations Where Buildings Contain Combina-
tions o 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
commercial 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.
ion of Combined Reg2irements or Limitat
iin otas nv.
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.
No
SECTION 2001. DETERMINATIONS CONCERNING USES NOT SPECIFIED.
3 Where there is substantial doubt as to whether a particular use or uses,
4 or classes of uses, not specifically identified in this Zoning Ordinance are of
5 the same general character as those listed as permitted principal or accessory
6 uses, or uses permissible by special permit, the director of the Department of
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 by Director of Department 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 the, eon is reversed on grounds of error on appeal to the Zoning
5
Board, the determination shall thereafter be binding on all officers and
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 finds, 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
•
15
City as an interim administrative ruling.
SECTION 2002. GENERAL REQUIREMENTS CONCERNING ARRANGE-
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
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
,1--N
2 otherwise authorized by this zoning ordinance or other lawful regulations:
2002.1.1. S22cial Access for EmergencZ and Public Service Vehicles; May be
Authorizedv ass Decia 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
5 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 Cyclists May be Authorized by Class B
Special ernJt.
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.
15 The following regulations and requirements apply to accessory uses and
16 structures:
2003.1. Dwelling or Lodging Occupancy Prohibited Unless Specificall
17 Except where specifically permitted by district regulations, use of
18 accessory buildings as dwellings or lodgings is prohibited.
2003.2. Accessory Buildings to be Constructed Concurrent With or After
19 Accessory buildings shall be constructed at the some time as, or
20-6
I following, construction of principal buildings.
2003.3. Accessory Buildings; Spacing Requirements.
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
5 shall be separated from each other by at least five (5) feet.
2003.4. Accessory Buildings and Other structures; Limitations on Loca-
_____.
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.
Ilft 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
Is 23 date of completion thereof, as shown by the records of the City Building
20-7
I Department.
2 (c) No home occupation shall 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
I 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.
M.
2003.6. Permanent Active Recreation Facilities as Acessor Uses in
is esi entiaDistricts; Specia ( ermits.
I 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%' �r 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
uses.
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 Dwellinq or Lodaina Units: Minimum
21 Accessory convenience establishments shall be permitted only in
Ila 22 connection with principal residential uses having at least fifty (50) lodging
20-9
I units or one hundred (100) dwelling units, or in connection 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).
2003.7.1.1. 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 Points
I dwelling unit 1
.5 lodging units I
200 sq.ft. of gross floor area
in office use I
2003.7.2. Maximum Floor Area Permitted in Accessory Convenience Estab-
lishment.
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
.__N
r� �
is
LI
I permitted without special permit under the same circumstances.
Acc— essorY
Convenience
Uses
Hotels etc.
with or
more lodqing
units
Residential
uses with
I or more
e ing un ti s
Offices with
20,000 sg.?t .
or more gross
oor area
Apothecary
X
X
X
Bar
X
S
S*
Barber shop
X
X
X
Beauty shop
X
X
X
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--Clay- C permit
P--Permitted by
reqvi,
right, not
S--Speciai excep-
subject to
tion required
accessory use
floor area
limitations
*60,000 square feet required.
2003.7.4. Limitations on Size of Restaurants as Accessory Convenience
Establishments.
2 Where restaurants are accessory to residential uses, gross area shall not
3 exceed an amount equal to twenty (20) square feet for each dwelling or
4 lodging unit, and the maximum number of seats shall be two-thirds of a seat
5 per dwelling or lodging unit, but not more than three hundred (300). These
6 maximums include any waiting lounge areas. Seating in waiting lounge areas
7 shall not exceed twenty percent (20%) of total seating.
8 Where restaurants are accessory to office uses, total area shall not
9 exceed an amount equal to one square foot for each twenty (20) square feet
0 10 of gross floor area in office use.
20-II
2003.7.5. Limitations on Access to Accessory Convenience Establishments.
I 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, Display.
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
I I 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-
W
20-12
I meats is prohibited.
SECTION 2004. RESERVED.
Lot Yards and Related Terms; Definitions• Methods for
Measurement.- General Requirements and Limitations
SECTION 2005. GENERAL TERMS DEFINED; RELATED LIMITATIONS.
2005.1. Lot Defined; Prohibition Against 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
18 a court of competent jurisdiction under circumstances where justice or equity
19 preclude establishment of conforming lots.
20-13
2005.4. Lot, Substandard, Defined; Prohibited.
1 A substandard lot is a lot other than a conforming or nonconforming lot,
2 as defined at Sections 2005.2. and 2005.3, 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, Regular; 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 .:xcept 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; General 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 same 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 Areal 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
I I may be covered by buildings may require open space within the buildable
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
eau ations.
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
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
the deficiencies in necessary public facilities, services, or utilities will be
remedied, or (b) that a plat of such land be recorded in the manner and form
and subject to the requirements existing in regulations in effect at the time
of the recording of such plat.
SECTION 2006. REGULAR LOTS.
2006.1. Regular Lots, 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 .9o'
.40' QC'
p
N
A 8
Lot "taper" permissible at 90' curve
radius (A) or along straight street
(8), 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 TO
do ,.,38.80.
$O50
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.
W
0
2006.2. Regular Lot, Area.
2006.2.1. Regular Lot, Net Area.
I Net area of a regular lot shall be construed as total area within its
2 boundaries.
2006.2.2. Regular Lot, Gross Area.
3 Gross area of a reg!jlar 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 adjoining permanent open space such as streets, parks, lakes, rivers, bays, and
7 the like, up to the maximum specified for the district or the land use sector.
8 Where such space adjoins lots on two adjacent sides, the area thus added shall
9 include the area required to complete the gap otherwise left at the
10 intersection, as indicated at a, below:
STREET
PARK
1/2 WIDTH TO
MAXIMUM SET --ow,
FOR DISTRICT
\(a)
1
2
1/2 WIDTH TO
MAXIMUM SET
FOR DISTRICT
I I The gross area of Lot I is thus the area within its boundaries plus the
12 hatched areas at the top and side, including the small rectangle marked (a).
13 Where air rights are involved, the extent of such rights shall be con-
14 sidered to be the some as the gross area of lot, except that in maximum floor
i 15 area computations, where the space below such air rights is occupied by
16 buildings, in whole or in part, the maximum floor area permissible shall
20-17
I include the floor area of such buildings, except for floor areas below grade six
2 (6) feet or more, or other floor areas excluded generally or in the district.
2006.3. Regular Lots, Types.
3 The diagram below illustrates terminology used herein with reference to
4 regular, corner, interior, reversed frontage, and through lots.
e�
�� 40
►�o��o a
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 throw 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
No
I for purposes of this definition.)
2 D is a reversed frontage lot, 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-D).
2006.4. ReSuular Lotss 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.
t
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.
20-19
2006.5. Reg2lor Lots, Yards; Methods for Measurement; Special Require-
ments. ~
I The following -rules shall apply with regard to determinations on yards
2 on regular lots:
2006.5.1. Yards Adiacent 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
l 1 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 Ad'acent to Streets; Width to be Three -Fourths
n rent Ynrd Dantheauirement.
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
20-20
2006.5. Regular Lots, Yardsi Methods for Measurement; Special Require-
ments.
I The following -rules shall apply with regard to determinations on yards
2 on regular lots:
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
1 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
o Font 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
20-20
I front yard depth requirement for the district, unless otherwise provided in
2 regulations in particular 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 fine 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 Throuah 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 Yard-,; Credit for Adjacent Alleys.
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 same
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 Rear Yard Reauired on Corner Lots or Lots
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 Adjacent 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 some 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.
1
2006.5.5. Waterfront Yards.
19 Waterfront yards are defined for purposes of this zoning ordinance as
20 yards adjacent to waterways f ifty (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 Regular 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
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 some clearance from lot lines as required for
2 side yards for the some structures and uses in the district.
2007.3. 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 2007.2, 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 gross lot area computation.
2007.4. Buildable Area on the Lot.
16 The buildable area remaining after yard and other open space require-
17 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) which could be used for the proposed purpose i the district.
2007.5. Access.
20 The 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 easement. Such portion of lot or accessway shall be at least twenty
23 (20) feet in width if serving uses requiring nine (9) or less off-street parking
20-24
I spaces in combination, twenty five (25) feet in width if serving uses requiring
9 2 ten (10) or more off-street spaces in combination. In connection with
Is
3 approvals of such arrangements, which shall be by Class C special permit,
4 greater widths for part or all of such access may be required if found reaso-
5 nably 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
I •1,
I �t
WATER ;
YARDS
Q FRONT
SLOE
REAR
STREET SIDE
WATER FRONT
SPECIAL
•••• IRREGULAR
LOT LINES - ` ` ;,�„�*,,._ :.Y; .,•..�
YARD MEASUREMENT LINES
NOTE I ALL LOTS ARE REGULAR, EXCEPT A,8,C &D WHICH ARE IRREGULAR
SECTION 200& REQUIRED YARDS AND OTHER REQUIRED OPEN SP
I 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 Frorn Buildings.
4 Eaves, sills, belt courses, cornices, gutters, chimneys, fireplaces, flues,
5 ducts, pipes, air conditioners, pilasters and the like, and unenclosed
20-26
4W
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 (3) 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 N) the width of the lot (whichever shall be less) in width
13 along the front of the building.
2008.2.2.
es, Enclosed or Unenclosed, 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 AwninSe.
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 Awning! for Shade or Shelter of Doors and Windows.
I Movable awnings primarily for shade or shelter of doors and windows ''1"IN
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. Canopies or Awnings as Pedestrian Entry 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 _ Worship in One -Family or
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
14 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. GeneralIX 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
A%
I forth above, at Section 2008.3.2.
2008.3.3. Canopies or Awnings Over Pedestrian Oxen Saace in
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 yard, 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.
Ar� I I
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
I and
2 (e) Such canopy shall remain unenclosed on at least three (3) sides.
2008.4. Signs in or over Req2ired Yards.
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 Adjacent to
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 Driveways and Offstreet
2008.8.1. In Residential Districts.
15 Offstreet parking for uses in residential districts RS-I 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 (A) 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
I I
required yard.
12
In 1-01, t', tors I and 2, and for single-family detached dwellings in LUI
13
sectors 3 and 1,4, 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). Paved 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 Imped_ iment to VisibiliteConstrued.
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 (2&) feet and ten (10) feet above the street grade level within
20 visibility triangles described below:
2008.9.2.1. At Street Intersections.
21 At street intersections, such visibility triangles shall be maintained to
22 include an 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
I rounded, and a line running across the lot and connecting the encs of such
2 twenty five (25) foot lines.
2008.9.2.2. At Intersections of Driveways With Streets.
3 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 I ines.
2008.9.3. In Districts in Which Yards Are Not Generally Required.
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)
it 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
14 Bus passenger shelters, bus benches, and telephone booths are permissi-
15 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 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 Driveways With Streets.
3 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.
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)
-10 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
tvewsege2r t5oxes.
14 Bus passenger shelters, bus benches, and telephone booths are permissi-
15 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 shall bear any signs, temporary or permanent, other than for identification of
2 location and routing and scheduling of buses. Advertising signs and campaign
3 signs on such shelters or benches are specifically prohibited unless otherwise
4 authorized. In districts other than residential, the number, area, and
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
1 I curb. Regulations concerning interference with underground utilities shall be
12 observed.
SECTION 2009. RESERVED.
SECTION 2010. R-G AND PD-H DISTRICTS AND OTHER DISTR
13 R-G and PD-H districts permitted attached and multifamily dwellings
14 and mixtures of dwelling types, as do certain other districts. Residential uses
15 in such districts are governed herein by special forms of regulations, some
16 features of which are applicable to other uses. The provisions which follow in
17 Sections 2011, 2012, and 2013 relate to the land use intensity (LUI) system,
18 and land use intensity sectors supplementing the Official Zoning Atlas as
19 provided at Section 300.1, to open space and building spacing requirements
20 applying in such districts or to such uses, and to other special requirements
21 and limitations applicable thereto.
SECTION 2011. ADOPTION OF "MINIMUM PROPERTY STANDARDS
22 Except as generally or specifically modified herein, Minimum Property
W
20-34
0
i
I Standards for Multifamily Housing. Volume 2, and Manual of Acceptable
2 Practices, Volume 4, of the four -volume system of physical development
3 standards of the United States Department of Housing and Urban Develop-
4 ment in their current editions, together with related standards and explana-
5 tory materials, shall be a supplemental guide on site and building planning and
6 related definitions, measurements, ratios, and requirements. References to
7 Minimum Property Standards for Multifamily Housing may be abbreviated
8 herein as MPS; references to the Manual of Acceptable Practices as MAP.
2011.1. General Modifications.
2011. 1.1. Establishment of Land Use Intensity Ratings by LUI Sector Maps.
9 For purposes of these regulations, land use intensity ratings applicable
10 within subareas of the City shall be established by LUI sectors as provided at
I I Section 300.1, and shown on the Zoning Atlas.
201 1.1.2. Decisions to be Made by Local Jurisdiction Rather Than by DHUD.
12 For purposes of these regulations, where MPS or MAP indicate that
13 decisions or determinations are to be made by the United States Department
14 of Housing and Urban Development (DHUD) or specified officials thereof,
15 such decisions or determinations shall be made by appropriate local agencies
16 or officials.
SECTION 2012.
17 The following definitions and methods of measurement shall be used in
18 the districts and for the uses regulated under the LUI system. Subject to
19 modifications made herein, specifically or in general, where further detail is
20 needed in connection with definitions or methods for measurement, reference
21 shall be made to appropriate sections of MPS or MAP. Except where
20-35
I application to other uses is specifically indicated, the floor area, open space, 11""N
2 livability space, and recreation space ratios shall be applied only to such land
3 area, floor area, open space, and related elements as are allocated for
4 residential uses and accessory uses incidental to and compatible with
5 residential uses.
2012.1. Gross Land Area of PD-H Districts.
6 Gross land area of PD-H districts shall be computed as all land (except
7 that to be devoted to nonresidential purposes) within district boundaries, plus
8 one-half of adjoining permanent open space such as streets, parks, lakes,
9 cemeteries, and the like; provided, dimensions of such open space credited
10 shall be limited to the maximum specified for the district or the land use
I I sector in which the land is located. Width of adjoining open space credited
12 shall not exceed the LUI rating for the district or sector unless otherwise
13 specified. Computations involving such open space shall be as provided at
14 Section 2006.2.2, for gross area of regular lots.
2012.2. Residential Land Area.
is Residential land area is land for residential development and related
16 uses, including open space, within the district in the case of PD-H zoning, or
17 on the lot or tract where residential uses in other locations are regulated.
1S Such lands shall be construed to include streets entirely within the residential
19 portion of the development and lands accepted for dedication for public
20 purposes. Residential land area shall not be construed to include lands not
21 beneficial to residential use due to location or character, or areas used
22 predominantly for commercial or other nonresidential purposes.
23 As a further guide, where floor area of a building is predominantly in
24 residential use, the building site shall be included in residential land area (as,
25 for example, in the case of a multifamily structure with ten percent (10%) of
20-36
I its floor area in accessory commercial and service uses).
2012.3. Residential Floor Area.
2012.3.1. Defined; Inclusions and Exclusions.
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;
13 (d) Staff space for therupy 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. 022n Space.
2012.4.1. Open Space Definition.
2012.4. I.I.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. Uncovered Open Space.
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
II 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 h- 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
20-38
I occupants and visitors, for safety, convenience, and aesthetic appeal. Such
2 space shall not be used by vehicles except for emergency actions.
2012.5.1.2. Pedestrian Open Space.
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)
21 applying in the land use intensity sector.
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2012.5.3. Exception on LivabilitZ and Pedestrian O n Space Requirements
'Where - i e Space_Credited Exceeds SeventX Percent o
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 02) percentage point and the required pedestrian open space ratio (if
5 applicable) shall 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 some 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.
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2012.6.2. Minimum Recreation Space Requirement.
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 Space; Occupant and Total.
2012.7.1. Def fined.
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.
2012.7.2. Minimum Car Space Requirements.
9 The total car ratio (TCR) for the applicable land use intensity times the
10 number of dwelling or lodging units equals the number of total parking spaces
1 I required, except in districts where lodging unit requirements are otherwise
12 specified.
SECTION 2013. OPEN SPACE AND BUILDI
PD-H
ATTACHED AND MULTIFAMILY USE I7'i' 5.
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.
S These regulations, supplementing those set forth elsewhere in this
6 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
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-
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 some 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.
20
21
22
23
24
2013.3
Where lots or building sites adjoin permanent open space in streets,
common open space, or other open space intended to remain so for
perpetuity, half of the width of such open space shall be included in meeting
building spacing requirements, subject to the following limitations and
exceptions:
20-42
I
2013.3.1. Primary or Secondary Windows Facing Streets, Parking 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 (!4) of the
6 required yard (minimum five (5) feet) shall be provided between the wall and
7 the street, driveway, or parking area. Where such walls 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 I secondary, and such windows may face driveways.
2013.3.2. Primary or Secondary Windows Facing Other Open Space.
+•ww�r r
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
18 third story level shall be construed to be the third story above such decks or
19 buildings.
2013.4. Scacina Determinations Where Two or
. : .
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.
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2013.5. Calculation of Building Spacing Requirements.
I Spacing requirements for buildings or portions of buildings containing
2 living quarters shall be based on horizontal 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 Buildings Contain 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 some 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.
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PERMITTED OVERLAP OF YARDS
(VERTICAL RELATIONSHIPS)
2013.5.2. Length of Walls; How Measured.
I
Length of walls shall be measured as the horizontal distance from
2
corner to corner. Where walls in continuous general frontage are offset by
3
setbacks equalling thirty percent (30%) or more of the height of the facade,
4
the length of each segment so set off shall be measured separately in
5
establishing pertinent yard or open space depth, provided that where open,
6
partially open, or enclosed structures devoted to entrances, stair wells,
7
and/or elevator shafts project from the general alignment of a wall, such
8
structures shall not be construed as constituting a break-point in lengths
9
involving building spacing determinations.
10
Where walls in continuous general frontage enclose portions of buildings
I I
varying one story or more in height (as in the illustration in connection with
12
Section 2013.5.0 the length of each segment so varying shall be measured
13
separately in computing pertinent yard depth. Length of a curved or
14
irregularly shaped wall shall be construed as the shortest distance between
15
the wall's end corners. Length of the wall of a circular building shall be
16
construed as the diameter of the building.
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2013.5.3. Height in Stories; How Measured.
I Height in stories shall be computed as actual number of stories in the
2 wall above ground level with the following exceptions. Where the wall is
3 along a slope, number of stories shall be construed as the arithmetic mean
4 number, with half a story or more considered as a full story, and less than
5 half a story ignored in computations. When height per story exceeds an
6 average of eleven (1 1) feet, calculations involved in yard or spacing deter-
7 minations shall be based on an assumed number of stories derived by dividing
8 building height by ten (10) feet.
9 Penthouses, roof shelters, and housing for mechanical equipment shall
10 be ignored in computations involving number of stories except where they are
I I visible from the ground level within the lot or the building site within a PD-H
12 District, are ten (10) feet or more in height, and occupy f ifty percent (50%)
13 or more of the length of the wall at their bases, in which case an additional
14 story shall be included in computations.
2013.5.4. Yard or Other Open Space Depth; How Measured.
15 Yard or other open space depth, between exterior building walls and
16 adjacent lot or building site lines (projected vertically where appropriate),
17 shall be measured horizontally in relation to the ground, and perpendicular to
18 straight walls or radially to curved walls. Distance at all points shall be at
19 least equal to minimum requirements set forth herein, except as provided at
20 Section 2008, Required Yards and Other Required Open Spaces, Detailed
21 Limitations on Occupancy.
2013.5.5. Permissible Overlap of Yards.
22 Yard space for two (2) walls may overlap where it does not affect the
23 distance between two (2) buildings.
.`IN
24 The drawings which follow provide graphic explanation of permissible
20-46
0
overlap and methods for measuring length of walls and depth of yards for a
variety of building forms.
L1 7
Overlap —�
EXAMPLES ILLUSTRATING PERMISSIBLE OVERLAP OF YARDS AND
DETERMINATION OF HEIGHT IN STORIES (S), YARD DEPTH (D)
AND LENGTH OF WALL (L)
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2013.5.6. Definitions and Classifications Relating to Windows and Walls.
I 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 compart-
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. Primate Windows.
8 Primary windows are principal windows in habitable rooms except
9 bedrooms and kitchens. Where such habitable rooms involve more than one
10 exposure, the primary windows shall be construed as those in the wall
If containing the largest window area, and the remaining windows shall be
12 construed as secondary windows.
2013.5.6.3. Primate 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.
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2013.5.6.6. Tertiary Windows.
1 Tertiary windows are windows other than for habitable rooms.
2013.5.6.7. Tertiary Walls.
2 Tertiary walls are windowless walls, or walls containing only tertiary
3 windows.
2013.5.7. Formulas Determininq Minimum Open Space Requirements Adja-
cent to Primary, Secondary 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 + TU
L
9 (b) Secondary walls: D = 2 + S + 1L
10 (c) Tertiary walls: as required by fire and safety codes
2013.5.8. Added Open Space Requirements Where Windows of Habitable
Rooms Face Steep Slopes or Retaining Walls.
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 some 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-
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2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
ments of the wall containing the windows.
(c) Determine height above the base established under (a) above along
the building site boundary constructed under (b) above for the retaining wall
or slope, as a total or in segments as used in analyzing length. Where there
are irregularities, establish average height.
(d) Divide such height or heights (if computed in segments) by ten (10)
to obtain a figure equivalent to number of stories.
(e) Applying the formula for secondary walls, determine the open
space depth attributable to the retaining wall or steep slope.
(f) Adjust the building site boundary relating to the wall of the
habitable rooms to include the requirements added for the retaining wall or
steep slope in such a way that not more than twenty-f ive percent (25%) of the
length of the boundary line involved falls within areas above the base
elevation established under (a) above.
2013.6. Special Requirements and Modifications Concerning Courts.
2013.6.1. Inner and Outer Courts, Defined.
2013.6.1.1. Inner Courts.
Inner courts are open outdoor spaces enclosed on all sides by exterior
walls of a building or by exterior walls and property or building site lines on
which walls are allowable.
2013.6.1.2. Outer Courts.
Outer courts are open outdoor spaces enclosed on at least two (2) sides
by exterior walls of a building or by exterior walls of a building and property
lines or building site lines on which walls are allowable, with one side open to
a street, driveway, alley, yard, or other open space.
2013.6.2. Dimensions of Inner Courts; Passageways; Provision for Fire
Protection.
r
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I (a) Minimum width and depth of inner courts shall be equal to the sum
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 permit use of fire fighting
12 equipment.
2013.6.3. Dimensions of Outer Courts.
it 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, Open Space, and Building Spacing for ;.structures or
Portions, of Structures of ontaminq 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 walls, 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. Transfer Between Continuous. Separately Owned Property in the
Same Districts.
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.
II 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 Vie 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 some as where regulation is applied on a lot -by -lot basis.
20-52
2014.1.2. Application for Permit.
it 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:
2014.1.2.1. Plans Required; 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 app'kving 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. Aqreement Between Prop2rtZ Owners With Enforcement
unninq to the 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
I to such approval.
1r
2014.1.3. Finding! ReWired to Supp2rt Issuance of Permit; Limita-
tions on Effect of Permit.
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 some 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, 'b' t the Class C special permit may allow specified
IS 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. RecordingAZeement
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.
20-54
2014.1.5. Changes in Development Plan or Agreement.
4' 1 The approved development plan, and the agreement between the
2 owners, shall not be changed except by the issuance of a new Class 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.
0
2014.2. Transfer of Develo ment Rights (Noncontiguous Property); Maior
Use SDeciar 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 system 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 Against
ial Buildina Bulk Within
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1 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.
2014.2.2. Limitation as to Effects on Receiving Property.
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 t►ne 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.
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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 of Development Rights (Non -Conti us Properttacross
treet or aX.),- 522cial Exceetion.
4 Where lots in the some 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
SECTION 2015. FIGHT REGULATION, GENERALLY.
2015.1. Excluded Portions 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.
11 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 area 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.
2015.3. Broodcastinq Towers.
23 Broadcasting towers and other antenna support structures shall not
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I exceed one hundred f ifty 0 50) feet in height above grode except in Central
2 Business District classifications and in those districts where they are speci-
3 ficially permitted or permissible by special permit at greater heights.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
SECTION 2016. HEIGHT CONTROL ENVELOPES.
In certain districts, and in transitional areas of others, a system of
height regulation by enveloping planes is established, as described below. In
such cases, formulas in the Official Schedule of District Regulations pre-
scribe maximum height at outer edges of buildable areas, inclination of light
planes leaning inward over such areas, and in some instances maximum height
over the center of the lot.
Except as provided at Section 2015.1, Excluded Portions to Structures,
or as may otherwise be specifically provided in particular districts or in
relation to particular classes of cases, no portion of any structure shall
extend through any portion of such height envelopes.
Such height envelopes shall be constructed as indicated below.
2016.1. Base Plane (Plane 1).
To provide a plane from which heights over the buildable area shall be
measured, establish the base plane (Plane 1). Where the ground surface is
regular and horizontal, it shall be considered the base plane. Where the
ground surface is irregular or sloping, a base plane shall be constructed
parallel to its general surface and elevations shall be measured from such
plane, using the methods set forth in Planning Advisory Service Report 237,
Height Regulation in Residential Districts, of the American Society of
Planning Officials.
2016.2. Plane 11.
23 Establish a second plane (Plane 11) parallel to Plane I and at such
24 distance above it (measured 90 degrees from the horizontal) as is indicated in
ag
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1 district regulations for maximum height at outer lines of buildable areas.
2016.3. Light 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 on 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 II 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 111.
13 In districts in which a maximum height limit is set, establish Plane III,
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. Diagram.
19 The following diagram illustrates the manner in which the various
20 planes necessary to the construction of height envelopes are determined.
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,,,-ANGLE -,
(IN DEGREES)
PLANE 2
8 D
d
FRONT OR REAR OF LOT SIDE OF LOT
SECTION 2017. OFFSTREET PARKING REQUIREMENTS GENERAL PRO-
VISIONS.
I The following general requirements, limitations, and standards shall
2 apply to offstreet parking:
2017.1. General Performance Standards for and Intent Concerning Off-
street ar ing' aci sties.
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-
ite xcentions.
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
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I infringing on any public street, alley, or sidewalk, and without backing into
10 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
9 vehicle outside required aisles, with such clearance as may be required for
10 safety at the inner end.
2017.1.3. Parkinq Requirinq 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 Miami,
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
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I aisles permissible) 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
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 Spec al Permits Required for Substantial Modification of
xisting aci ities Including Ten or More SEces.
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
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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 Parkin Requirements for Housing for the ElderIZ, by
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 programs 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.
16 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 Housing for Low Income
Families 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 00 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. Reduction in Parking Requirements for Combinations of Residen-
tial and Office Uses on the Some Premises.
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 (V2) 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 Re uired Parkin2 Im rovements
Class D Sp2cialPermit for Initial Periodi Control at xtensions.
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 Periodi 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 Class 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 2017.8.2 , 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 Board, 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 justified, 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.
rI .:
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 changes in original conditions and safeguards, and denial of con-
24 tinuation for part of the spaces originally involved.
25 (c) Denial 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. -IN
2017.8.3. Maintenance and Use of Areas on Which Parking Improvements
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
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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1 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 pe.rmlt.
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 Parking; Restrictions on Lease or Rental;
Exception` . -
21 Required offstreet parking shall not be leased or rented to residents,
22 officials, or employees for wh,,)m 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.
Plow]
2017.1 I. Calculation of Parking Requirements Related 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 Parking and Loadin Areas•
Restrictions on torage o Vehicles Not in Aerating. 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 specif ically 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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4)
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 .
I I (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 some 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 Reauired Where Lots Are in Transitional Areas
of Residential Districts and Parkinp is For Uses Other 1 han
esi ential Within the 5ame 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 Sp2cial Permit Required Where Lots Are in Transitional
Areas of ResidentialDistricts and Parkinq is For Residential Uses
n Tne Same uistrict or the AMoinrna Ulstrict.
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 some 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 Special Permit Reauired 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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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 2018.51 Provision for Continuance or
6 Replacement of Required Offstreet Parking.)
2018.3. Offsite Parking Where Governmental Action Eliminates Prior
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
1* 12 described.
2018.4. Offsite Parking on Noncontiguous Lots.
2018.4.1. Special Exception Required 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 cases 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 some
21 district, access may be from within the district if reasonably necessary for
22 reasons of convenience or security.
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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 Parking Where Governmental Action Eliminates Prior
ctrPet nr inn! C . necia ermit Reauired.
7 Where governmental land acquisition or construction programs 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.
2018.4.1. Special Exce tion Required Where Lots are in Transitional Areas
of ResidentialDistricts.
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 cases 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 some
21 district, access may be from within the district if reasonably necessary for
22 reasons of convenience or security.
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2018.4.2. Class C S22cial Permit Required Where Lots are Not in
Residential Districts. ,.-N
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
ar ina.
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 whir• .-, uires 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 agreements are in effect, no use shall be made of the
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 Parking; Amended Agree-
ment.
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 CERTAIN VEHICLES
PROHIBITED LIMITED IM SPECIFIED I I-
2020.1. Mobile Homes: Parking, Storage and Occu ne • 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
20-77
I districts in which such storage facilities are permitted;
2 (c) Parking or storage of mobile homes authorized by governmental
3 agencies for use for educational, health, security, communication, emergency
4 housing, or similar purposes; or
5 (d) Parking of mobile homes when authorized as temporary offices or
6 for security purposes in connection with land development or construction, or
7 for other purposes.
2020.1.1. Limitations on Location of Mobile Homes not in a Condition for
yccupancy.
8 No mobile home not in a condition for occupancy (aside from the
9 necessity for connection to utilities and incidental setting -up operations) shall
10 be parked or stored outdoors except at an authorized mobile home
I I manufacturing plant, or establishment for servicing, maintenance, or repair
12 while such operations are being diligently pursued, or junk, scrap or salvage
13 yard.
14 These provisions shall not be construed as prohibiting storage of mobile
15 homes not in a condition for occupancy within completely enclosed buildings
16 in districts in which such storage facilities are permitted.
2020.1.2. Limitations on Occupancy of Mobile Homes.
17 Occupancy of any mobile home is hereby prohibited except: (a) in a
18 mobile home development for which a valid permit is in effect; (b) when
19 authorized by governmental agencies for use for educational, health, security,
20 communication, emergency housing, or similar purposes; (c) or when
21 authorized for use as temporary offices in connection with land development,
22 construction or other purposes.
+ 2020.2. Maior Recreational E ui ent• Parking, Stora22 and Occu nc
Limitations and ExceDtions.
20-78
2020.2. I. Major Recreational Equipment Defined.
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-term 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. ParkinQ or StoraS2 of Mdor Recreational Equipment as Accessor
Use in Residential Districts.
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
• 11 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.
it 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. Limitations on Occupancy of Major Recreational Equipment.
2 Major recreational equipment parked or stored on 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
5 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
I I for security purposes in connection with land development, construction, or
12 other purposes.
2020.3. Parkina or Storaae of Specified Trucks. Buses. Trailers or Semi -
Trailers Prohibited as AccessorX Use in Residential Districts or in
Parking aci sties in Transitional Areas of ResidentialDistricts.
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. Parkinq or Storaae of Construction Eauipment Prohibited in
18 Residential Districts.
17 Except in connection with authorized active continuing construction 011
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. OFFSTREET LOADING REQUIREMENTS GENERAL PRO-
I The following general requirements, limitations, and standards shall
2 apply to offstreet loading:
2022.1. General Performance Standards for and Intent Concerning Off-
street Loading Facilities.
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
11 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. ADDlication of City of Miami Guides and
r act i m es.
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
20-81
I Vehicles not in Operating Condition.)
t
2022.4. SR2cial Permits Required for Pro22sed Offstreet Loading Facili-
ties or for 5ubstantial Modification at xisting Facilifies.
2
A Class B 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 Air rei t -Services are Directl Availa-
eL Jpecia 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 02) of full
24 requirements.
I
rm
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. Deferral of Portions of Total Required Offstreet Loodina Im-
rovements by Special Exception for Initial Periods; Control of
Extension.
6 By special exception, the Zoning Board may allow deferral of construc-
7 tion, surfacing, drainage, marking, 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
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 Loading
Improvements are Deferred. '
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.
Cont i auous
C Special
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
L .
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 (15) feet.
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2023.2.1. Reduction in Stall Dimensions by Class C Special Permit;
16 Limitations on Reductions.
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 some 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 Concerninc.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
Streets 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
2023.4. Number of Stalls Required.
1 I Except as modified under the terms of other provisions of these regula-
2 tions, offstreet loading stalls and related offstreet loading facilities shall be
3 provided and maintained as indicated in the following table, which indicates
4 the number of square feet of gross floor area (in thousands) requiring a first
5 stall or berth and incremental berths. Where the gross floor area indication is
6 followed by a number in parentheses, the number of berths indicated are to be
7 a minimum of twelve (12) by fifty five (55) feet in dimension. In other cases,
8 minimum dimension is to be twelve (12) by thirty five (35) feet.
Number of square feet (in thousands) requiring first offstreet loading berth
anU addlTional berths.
Additional
First Second Third
Fourth
Fifth Sixth
Increments
Multifamily dwellings, apartment
hotels,
residence hotels, hotels,
hospitals:
25 50 100
200
5000) 750(2)
2500)
Business or professional
offices auditoriums convention halls
exhibition
ails, p aces of assembly,
museums,
churches, commercial
recreation
ubmwlsnmenTs, scnools, ana Tne IIKe:
10 50 100
200 5000)
750(2)
2500)
Retail establishments eating
and drinkinq establishmentspersonal serv-
ice establishments not otherwise se2cifie establishments
for
ree2ir,
rental or servicing of householdappliances
and the I i
e:
2 10 250)
40(2) 100(3)
200(4)
1000)
Mortuaries laundries dry cleaning
establishments
wholesale
establish-
ments manufacturing plants,
the Ii
markets, warehouses,
freight terminals and
e:
10 25 400)
100(2) 200(3)
300(4)
1000)
SECTION 2024.
WHARVES. DOCKAGE. BOAT
9 The following regulations shall apply to piers, docks, wharves, dockage,
10 boat houses and boat slips, and uses and occupancies accessory or incidental
I I thereto, in addition to those set out in the Schedule of District Regulations
I
I and other lawful regulations applying generally.
is 2024.1. As Accessory Uses in Residential Districts.
2 Boathouses, boat slips, 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 Slips Accessor to Residential
Generally.
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
EstablishedWaterway or BulkRead Lines; Adjacent LoTLines
nterin orAeproaching Waterwals; Class C SpecialF:�ermit
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 overage by a - -Accessory Buildings in uc 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, provided
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. Boat Houses and Boat Sli s Accessor to Residential Uses on Lots
xcee ina One Acre in NetArea; Special Exception on Height,
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 separation 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 -1
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
Residential istricts• Limitations on Cocation Gna Miracter
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 (M) feet of
7 extension beyond twenty five (25) feet.
2024.1.4. Limitations on Facilities and Uses Related to Dockage and
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 0 00) feet or more in width; ten percent (10%) of width of waterway if width
20-89
I is less than one hundred (100) feet. _
2 (b) Biscayne Bay - twenty five (25) feet.
2024.11. Extensions of Docks and Piers Into Waterways; Special 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, shall 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—I, 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.
20-90
2025.1. Definitions.
2025.1.1. Sign.
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
i11
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 geometric figure, including all of the elements of the matter displayed, but
2 not including blank masking (A plain strip) bearing no advertising matter
is 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.)
W
20-92
SIGNS: NUMBER AND SURFACE AREA MEASUREMENT
i
•
COOKS I Sign
GROCERIES
Area measu
a circle
Area measured as
a rectangle
H
� c
Area measured as
a triangle
I Sign:
Separate letters - area measured
as a unit
2 Signs:
Advertising separate facilities
and units not related
Area measured as a triangle
I Sign:
Units all related, not random display
20-93
2025.1.3.1. Horizontal Traffic Markino Excluded from Limitations on
RU—MIxer and Area of SiMs.
1 Directional markings, indications as to locations of entrances and exits,
2 traffic warning signs, lane 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. Si ng 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
I I 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. Sign, 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. Onsite 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. Sian, Offsite.
20-94
I An offsite sign is a sign other than an onsite 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 Advertising Business; Outdoor Advertising Signs.
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
11 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 (Iluminated.
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. Sin Flashing.
2 A flashing sign is a sign which includes a flashing, changing, 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
9 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 pelled by the force of wind or air.
20-96
Definitions Relating to Sign Mounting
and Sign Materials
2025.1.10. Sian, Wall or Fiat.
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.
2025.1.1 1. Si2q, 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,
9 marquee, or awning.
2025.1.11.2. 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
16 parapet exists) of a flat roof. (See Section 2107.2.2.(b).)
2025.1.13. Sign, Window or Door.
17 A window or door sign is a sign affixed to the inner or outer surface of a
18 window or a door, and visible from public ways.
20-97
2025.1.14. Sign, Ground (or Freestanding).
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-frame 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 from 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
20-98
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 Nei„ghborh:)od 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
• 21 composed of ribbons or streamers, and suspended over open premises and/or
22 attached to buildings.
20-99
2025.1.19-24. Reserved.
Definitions Relating to Purpose of Signs
2025.1.25. Address Signs.
Address signs are signs limited in subject matter to the street number
2 and/or postal address of the property, the names of occupants, 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. Development Signs; Class A Special Permits When Re-
quired
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.
20-101
2025.1.27.3. Construction Signs.
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. embolic, Award Flags, House Flags 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 from 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 circumstances of the case, on forms provided
13 by the administrative official, and shall be accompanied by such information
14 as is reasonably required to make necessary determinations in the case.
2025.2.1. Permit Identification Required to be on Sign.
IE 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 Exem
Term it
rements
e.
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
20-102
I otherwise provided:
2025.3.1. Signs Erected by or on Order of Governmental 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 Flags and Flags of Political Subdivisions.
5 Sign permits are not required for display of national flags or flags of
6 political subdivisions.
2025.3.3. Decorative Flags, Bunting, and Other Decorations on Special
7 T______ T___
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 FlaM, Award Flags House Flag.
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. SiMs 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
20-103
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 202.5.1.27.1, 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• Develo ment SiMs When Combined with
onstruct�on inns.
7 No sign permit shall be required for construction signs not exceeding
8 two (2) feet in height and three (3) feet in width of sign surface area
9 displayed during the course of actual construction work on the premises,
10 limited to one sign for each lot line adjacent to the street, or for
I I combinations of construction and development signs so limited as to number
12 and area, when displayed during such period. Development signs displayed
13 prior to initiation of actual construction on the premises, or construction or
14 development signs displayed following completion of actual construction,
15 shall require a sign permit.
16 Beyond these minimums, number and area of such signs shall not exceed
17 maximums established for the district in which located and sign permits shall
18 be required. District regulations shall be controlling as to location on
19 premises, whether or not sign permits are required.
2025.3.9. Reserved.
2025.3.10. Community or Neiahborhood Bulletin Boards. Kiosks: Class B
Signs.
20 Class B special permits shall be required for establishment of
21 community or neighborhood bulletin boards, including kiosks in districts where
20-104
0
i
I permissible, but no sign permits shall 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 Cam4i9n 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)
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 Deliver vi Rece tacles• General A roval Re wired Sign_
Permit or n iua elivery eceptac as not Required; 57 ito-
tions on Location.
I No sign permit shall be required 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 0 6) 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.
14 Where bus shelters, benches, trash receptacles, or other structures or
15 devices 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 require ;,ents 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
20-106
V
3
4
5
6
classes of structures or devices, proposed for erection or maintenance by
appl icants.
2025.3.15. Weather Flags.
No sign permit shall be required for weather flags for official notice of
weather conditions authorized or displayed by official government agencies,
provided that not more than one set of such flags shall be permitted on any
premises, and that any display of weather signals shall be an accurate
7 reflection of official weather reports.
9
10
II
12
13
14
15
16
17
18
19
20
21
2025.3.16-20. Reserved.
2025.3.21. Activities Related to Signs Exempted from Permit Requirements.
No sign permit shall be required for routine change of copy on a sign,
the customary use of which involves frequent and periodic changes, or for the
relocation of sign embellishments providing such relocation does not result in
increase of total area of the sign beyond permissible limits. Where change in
copy changes the class of sign to a non-exempt category, however (as for
example when advertising matter is added to a previously exempt address or
directional sign) a sign permit shall be required.
SECTION 2026. SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS.
2026.1. Proiectin Signs, Mar ees Awnine, and the Like• Vertical and
Horizontal Clearances.
Vertical clearances, projections, and clearances frorn curb lines as
projected vertically, for projecting signs including marquees, and for awnings,
canopies, and the like whether or not bearing signs, shall be as provided in
The South Florida Building Code, Section 4208, Limitations on Projecting
Signs; Section 4304, Location and Use (canvas awnings and canopies); and
Section 4404, Location (rigid awnings, canopies, or canopy shutters).
Except as otherwise specified in these zoning regulations, projecting
20-107
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 42069 Limitations on Roof Signs, shall apply.
5 No permits shall be issued under this zoning ordinance for new roof signs.
2026.3. Ground Sins.
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; C►earance Above Public
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.
2026.5. Limitations on Wording and Illumination of Si s• Prohibition
nninO RIAnkinn nress_ Linht. or Ventilation.
12 In addition to the limitations and restrictions set forth in this zoning
13 ordinance, the provisions of The South Florida Building Code, Section 4209,
14 Detailed Requirements, shall apply with respect to blocking required egress,
15 light or ventilation, movement or rotation of sign parts in such a manner as to
16 resemble danger lights or lights on emergency vehicles, wording on unofficial
17 signs implying the need or requirement for stopping or the existence of
18 danger when such conditions do not actually exist, or illumination likely to
19 cause confusion with traffic signals.
2026.5.1. Real Estate Signs, Construct
t Signs Shall
W
I No real estate, construction, or development sign shall in any manner
i2 state or convey or create the impression that such property may be used for
3 any purpose for which it is not zoned, or that any structure may be used for
4 purposes not permitted by zoning or other regulations.
2026.5.2. Limitations on Illuminated or Flashing Signs; Flas
Prohibitedin ertain Transitional Areas Adjacent to
Districts.
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 some 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 Signs and Pennant or
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 A22inst Sign Placement ImMdinq Visibility 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. Repair, or Replacement of Certain Signs; Prohibition
nst a it or Re lacement of Certain Noncontorming Signs
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 rnent 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
W
20-1 10
I removed or made to conform within a stated time, not to exceed ninety (90)
is 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 Si ns.
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 SiMs Advertisin2 Establishments Commodities or Serv-
ices NoLonger_ on Premises.
l i 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 Sic s 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
O 21 signs shall not be replaced.
20-III
2026.11. Structural Mem
Otherwise Made
Signs Rego
ired to _be Concealed or
I Structural members of all signs, including supports, shall be covered,
2 painted, and/or designed in such a manner as to be visually unobtrusive.
2026.12-14. 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
2026.15.1. Limitations on Sin Area Including Embellishments• Limitations
on Projections at m is ments.
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-
10 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.
15 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 Iine.
2026.15.2. Limitations on Location, Orientation of Outdoor Advertising Sips
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 AND UDLJRln(; CO 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
15 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
20-1 13
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 Requirements and Limitations A plying to
Particular Uses and Structures Generalor in
Particular Districts or roues of Districts
11 Vtl WIN .-n1 %,.J" .-v v•
3 Where existing lots in RS-I, RS-2, or RG-I districts contain at least
4 twice the required minimum 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.
No variances shall be considered from the following requirements:
10 (a) In the RS-I District, one single family detached structure may be
I I erected for each ten 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-family 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.
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2028.3. Site and Development Plan.
ob 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 preservation, 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 Fronts
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 f ifty (150) feet.
2030.2. Limitations on Outdoor Storage, Display, or Activities.
2030.2.1. Storaqe and Display of Products Sold and Equipment Used
18 Products for sale incidental to normal refueling may be stored and
a 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
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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
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 automotive 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
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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
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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. Reguir� ements For Reservoir Spaces, Applying Generally.
7 In -bound and outbound reservoir spaces (defined as spaces for automo-
8 bites 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:
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
26 each wash line, three (3) spaces after the end of each wash
27 line.
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1 (3) Automatic drag -line: Eight (8) spaces before the beginning
2 of each wash line, six (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 stationsh
6 Three (3) spaces before service position or area for parking, one
7 space after such position or area. The inbound reservoir area shall
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-1, 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-I,
- , an istricts; 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.
20-119
2036.2.2. Child Care Centers for Ten (10) or More Children in RS-I, RS-
= an - I Districts; in Other Districts.
I Child care centers for ten (10) or more children shall be established in
2 RS-I, RS-2, and RG-1 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 least 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 Buildin in RS-I, RS-2= and RG-I Districts;- in Other
istricts.
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
II
12
13
14
15
16
17
18
19
20
21
22
23
detached dwellings in the district if designed for occupancy by less than ten
(10) children, and shall provide twenty (20) foot minimum side yards if
designed for occupancy by ten (10) or more children.
2036.4. Outdoor Play Area.
Child care centers shall provide a securely fenced outdoor play area
consisting of at least four hundred (400) square feet or seventy five (75)
square feet per child, whichever is greater. No such outdoor play area shall
be located in any required front yard. Where the edge of any such outdoor
play area is closer than thirty (30) feet to any side or rear lot line in an RS-I,
RS-2, or RG-1 district, an intervening masonry wall or compact evergreen
hedge not less than five (5) feet in height shall be maintained along such edge.
This limitation shall not apply in other zoning districts where child care
centers are permitted or are permissible by special permit.
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
15 suggestive atmosphere on public ways used by minors.
?037.2. Def initions.
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, images, 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 norne 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 *dn a
25 discernibly turgid state.
26 (d) Specified Sexual Activities. Specified sexual activities are those
27 activities which, when described, displayed, exhibited, simulated, or depicted
28 by whatsoever mediurn in an adult entertainment or service establishment (1)
20-122
I only to or for adults products, goods of any nature, images, 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 a
25 discernibly turgid state.
26 (d) Sp2cified Sexual Activities. Specified sexual activities are those
27 activities which, when described, displayed, exhibited, simulated, or depicted
28 by whatsoever mediurn in an adult entertainment or service establishment (1)
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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.
S24 Once an adult entertainment or adult service establishment use is
20-123
discontinued or abandoned, the use shall not thereafter be resumed unless and
2 until all of the requirements of this Section 2037 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-
nance or Amendment
2101.6.
Lawful Actions Initiated Prior 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-
2102.1.1.
ings
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 Same
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 Ycrd
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-
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 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 I.
Casual, Temporary, or Illegal Use Does Not Establish Nonconforming
Status
2112.
Certificate of Use Required
ARTICLE 21. NONCONFORMITIES
SECTION 2101. INTENT; GENERAL DEFINITION.
2101.1. Nonconformities Created by Ordinance Adoption or Amendment.
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;
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 TakinS 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.
2101.3. Intent Concerning Nonconformities Generally.
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 ConcerninR Nonconformin Uses Specifically Declared to
be nc-ompatible 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
I5 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.
19
20
21
22
23
2101.5. Changes in Plans Construction or Use not Required Where Actual
Construction is Beaun Prior to Effective Date of Ordinance or
/11. 1\ 64VI I.lil 1.
To avoid undue hardship, nothing in this Zoning Ordinance shall be
deemed to require a change in the plans, construction, or designated use of
any building on which construction was lawfully begun prior to the effective
date of adoption or amendment of this Zoning Ordinance, and upon which
actual building construction has been carried on without interruption (except
21-2
I for just cause). Actual construction is defined at Section 3405.1.2.
2101.6. Lawful Actions Initiated Prior to Adoption or Amendment of
Ordinance and CompletedWithin Any Time Limits Established to
be Construed as Establishina Nonconformina tatus.
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 Sinale Nonconforming Lots for One-Famil
I5 On any separate, nonconforming, lot not in continuous frontage with
16 other lots in the some ownership (except as provided at Section 2102.2.2,
17 below) a one -family detached dwelling and customary 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
1
2
3
4
5
12
13
14
15
16
17
18
19
20
21
2102.1.1. Modification of District Yard and Lot Coverage Requirements, by
Class C_ p2cial ermit;Limitations.
By Class C special permits on single nonconforming lots, district yard
dimension requirements may be reduced, and lot coverage limitations
increased, by amounts up to but not exceeding twenty five percent (25%),
upon findings that such modifications are the least which are reasonably
necessary to permit use of the lot in a manner equivalent to use of
conforming lots for one -family detached dwellings and customary accessory
buildings. Where appropriate to the particular circumstances, conditions
attached to such permits may require increases in dimensions of certain yards
to compensate for reductions in others, or require maintenance of the general
lot coverage limitation but permit modification of yard requirements.
2102.1.2. Further Modification of District Yard and Lot Coverage Require-
ments By Special raxception Only.
Modification of yard and lot coverage requirements on single noncon-
forming lots in amounts exceeding twenty five percent (25%) shall be
permissible only by special exception, subject to the some findings and
conditions as specified above.
2102.2. Rules Concernin
Ownership and w
Combinati
is of Conti
rontagee.
uous Lots in the Same
2102.2.1. Combinations Required Where Nonconformity was Created at
time of Passage or Amendment oT Ordinance; Exceetions.
If two (2) or more lots or combinations of lots and portions of lots with
continuous frontage in the some ownership exist at the time of passage or
amendment of this Zoning Ordinance, and if all or part of the lots do not
meet the requirements for lot width and area, the lands involved shall be
considered an undivided parcel for the purposes of these regulations, and no
portion of such parcel shall be used or sold in a manner diminishing com-
pliance with general district requirements on lot width and area except as
WWI
21-4
fol lows:
2102.2.1.1. ExceRtion; Ei4tZ Percent (80%) Rule A21221icable Where
Three Cots or Less are nvolvea, Heduction in Side YarR
equirements y Class A SpecialPermit.
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 at 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
is 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 same 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
4b 22 the lots so created. In such cases, full district yard requirements shall apply
23 on all of the lots.
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2102.2.2. Combination Not Required Where NonconformitZ was Created
Public Takina or Court Order.
I Where nonconforming lots are created by public taking or court order,
2 as described at Section 2005.3 (Wand (c), combinations of the kind indicated
3 above at Section 2102.2.1 shall not be required.
2102.2.3. Prohibition Aqainst 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 MEW-
8 Where, at the effective date of adoption or amendment of this zoning
9 ordinance, lawful use of lands or waters exists which would not be permitted
10 by the regulations of the district in which the property is situated, and where
I I such use involves no individual, permanently -fixed structure with a replace-
12 ment cost exceeding two thousand dollars ($2,000) and no combination of
13 permanently -fixed structures with a combined replacement cost exceeding
14 five thousand dollars ($5,000), the use may be continued for a period of not
15 more than two (2) years after the effective date of this zoning ordinance or
16 amendment thereto creating nonconforming status, so long as it remains
17 otherwise lawful, and all evidence of such prior use shall be removed at the
18 end of the two (2) year period.
19 Prior to required termination of nonconforming uses of land or waters,
20 or land with minor structures only, as herein set out, the following limitations
21 shall apply.
2103.1. Prohibition of Enlargement, Increase, intensification, Alteration.
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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.
2103.2. Movement GenerallZProhibitedi Special Exception.
4 No such nonconforming use shall be moved in whole or in part to any
5 portion of the lot or parcel other than that occupied at the time the non-
6 conforming status was created; provided, however, the Zoning Board may by
7 special exception allow such movement upon a finding that because of the
8 new location, buffering or screening to be supplied, or other reasons, that
9 such movement would create substantial public advantages.
2103.3. Discontinuance.
10 If any such nonconforming use ceases for any reason (except when
' I I governmental action impedes access to the premises) for a period of more
12 than ninety (90) days, or a total of one hundred eighty (180) days in any one
13 year period, any subsequent use shall conform to the regulations for the
14 district in which the use is located.
2103.4. Subdivision or Structural Addition.
15 No land in nonconforming use shall be subdivided, nor shall any struc-
16 ture be added on such land, except for purposes and in a manner conforming
17 to the regulations of the district in which such land is located; provided,
18 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
•IIV VV •1\ VW111V.1 \r\I.VI\•
20 Where, at the effective date of adoption or amendment of this zoning
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21 ordinance, lawful use of structures, or of structures and premises in
22 combination, exists (which would not be permitted under the regulations
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imposed) and where such use involves an individual, permanently -fixed
structure with a replacement cost exceeding two thousand dollars ($29000) or
a combination of permanently -fixed structures with a replacement cost
exceeding five thousand dollars ($5,000), such use may be continued so long as
it remains otherwise lawful provided:
2104.1. Enlargement, Extension, Alteration, Replacement, Etc., of Struc-
ture.
Except as provided in Section 2105 below, or as otherwise specifically
provided, an existing structure devoted to a use not permitted by this Zoning
Ordinance in the district in which it is located shall not be enlarged,
extended, constructed, reconstructed, replaced, structurally altered, or
moved except in changing the use of the structure to a use permitted in the
district in which it is located or is to be located.
2104.2. Extension of Use in Building Manifestly Designed for Such Use.
Any nonconforming use may be extended throughout any parts of a
building which were manifestly arranged or designed for such use at the
effective date of adoption or amendment of this Zoning Ordinance. Any
nonconforming use which occupied a portion of a building not originally
designed or intended for such use shall not be extended to any other part of
the building. No nonconforming use shall be extended to occupy any
additional building on the same lot or parcel, not used for such nonconforming
use at the effective date of adoption or amendment of this Zoning Ordinance.
2104.3. Nonconforming Use Outside Buildings; Special Exception for
IVVovem—en t.
On premises of buildings in nonconforming use, and outside such
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
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 f irst 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-
21-9
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
5 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
15 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 Maior 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
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nonconforming status of the land except as set out in Section 2104.9.
"Destruction" of the structure for purposes of this subsection is defined as
damage to an extent of fifty percent (50%) or more of the replacement cost
at the time of destruction.
Where damage is less than f ifty percent (50%) of replacement cost, such
structures may be restored to the some or lesser size and in the same
location, provided however that restoration shall begin within six (6) months
of damage and be diligently carried to completion, and nonconforming use
may be resumed and continued as before, or on a lesser scale, but shall not be
enlarged or intensified. Unless restoration is so initiated and completed, the
use shall terminate and not be resumed.
2104.9. S22cial Exce tion for Re lacement or Reconstruction of Destroy-
ed ajor Structures Containing Nonconforming Uses.
Where a major structure or structures containing a nonconforming use is
destroyed to an extent of fifty percent (50%) or more of replacement cost at
time of destruction, by explosion, fire, act of God, or the public enemy, the
Zoning Board may, as a special exception, allow its replacement or
reconstruction in whole or in part upon making all of the following findings:
(a) That the cause of destruction was not the deliberate action of the
owner or occupant of the structure or their agents; and
(b) That nothing contained in the provisions of Section 2104.10,
below, required termination of such nonconforming use; and
(c) That the Board finds substantial public advantage in continuance
of the nonconforming use; and
(d) That the primary purpose of continuing the nonconforming use is
not to continue an economic monopoly; and
(e) That replacement or reconstruction in the manner proposed, with
related actions imposed in conditions and safeguards by the Board, would
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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
4 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 same or lesser size and in the same
7 location, provided however that restoration shall begin within six (6) months
8 of damage 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. S cial Exception for Replacement or Reconstruction of Destrox-
ed Major Structures Containing NonconformM9 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 economic monopoly; and
25 (e) That replacement or reconstruction in the manner proposed, with
26 related actions imposed in conditions and safeguards by the Board, would
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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
4 at the time of destruction.
5 Where damage is less than f ifty percent (50%) of replacement cost, such
6 structures may be restored to the some or lesser size and in the some
7 location, provided however that restoration shall begin within six (6) months
8 of damage 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. 5 cial Exce tion for Replacement or Reconstruction of Destroy,-
e a�or tructures ontaininonconforming Uses.
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Where a major structure or structures containing a nonconforming use is
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destroyed to an extent of f ifty percent (50%) or more of replacement cost at
14
time of destruction, by explosion, fire, act of God, or the public enemy, the
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Zoning Board may, as a special exception, allow its replacement or
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reconstruction in whole or in part upon making all of the following findings:
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(a) That the cause of destruction was not the deliberate action of the
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owner or occupant of the structure or their agents; and
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(b) That nothing contained in the provisions of Section 2104.10,
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below, required termination of such nonconforming use; and
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(c) That the Board finds substantial public advantage in continuance
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of the nonconforming use; and
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(d) That the primary purpose of continuing the nonconforming use is
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not to continue an economic monopoly; and
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(e) That replacement or reconstruction in the manner proposed, with
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related actions imposed in conditions and safeguards by the Board, would
I reduce any previous adverse effects of the use on neighboring properties.
2104.10. Reauired Termination of Certain Nonconformina Uses in Maior
2104.10.1. Nonconforming Uses in Residential Districts Involving Major
Buildinqs Designed for a Permitted Use.
2 In all residential districts, all nonconforming uses of part 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.
SECTION 2105.
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 same lot, or reconstruction of such major
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I structures containing nonconforming uses found likely to continue indefi-
2 nitely, subject to the requirements and procedures applying to special
3 exceptions, generally and with the special requirements, limitations, 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 proper-
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 become 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.
As 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
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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 su%h 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 022ration.
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.
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2105.9. Findings Required.
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
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 ChanRe, 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 same or is decreased.
2106.2. Damage.
23 Should a nonconforming building or structure or portion thereof, non-
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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
II 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.
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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.
2107.1. 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
17 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
w 22 may be continued, provided no structural alterations are made thereto,
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I subject to the following limitations on 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 1, 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
10 signs and requiring their termination and removal from the premises on which
II 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).
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SECTION 2109. NONCONFORMING STRUCTURES UNSAFE BECAUSE OF
LACK OF MAINTENAMCE.
I If a nonconforming building or structure, or nonconforming portion of a
2 building or structure, or any building or structure containing a nonconforming
3 use becomes physical unsafe or unlawful due to lack of repairs or
4 maintenance, and is declared by the duly authorized official of the City of
5 Miami to be unsafe or unlawful by reason of physical condition due to lack of
6 repairs or maintenance, it shall not thereafter be restored, repaired, or
7 rebuilt except in conformity with the regulations of the district in which it is
8 located.
SECTION 2110. NONCONFORMING STRUCTURES UNSAFE FOR REASONS
OTHER THAN K OF MAINTENANCE.
9 If a nonconforming structure or building, or a nonconforming portion of
10 a building or structure, or any building or structure containing a nonconform-
I I ing use becomes physically unsafe or unlawful for reasons other than lack of
12 repairs or maintenance, nothing contained herein shall be deemed to prevent
13 the strengthening or restoring to a safe condition of such building or structure
14 or part thereof declared to be physically unsafe or unlawful by the authorized
15 official of the City of Miami charged with protecting the public safety;
16 provided, however, that where such unsafeness or unlawfulness is the result of
17 damage by destruction, provisions concerning limitations on reconstruction
18 shall apply.
SECTION 2111. CASUAL, TEMPORARYOR�I
T
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.
3m
SECTION 21 12. CERTIFICATE OF USE REQUIRED.
A certificate of use is required for nonconforming uses, as set out in
Section 3403.4.
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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
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ARTICLE 22.
RESPONSIBILITIES OF COMMIS -
SECTION 2200. INTERPRETATION AND ENFORCEMENT
Except where this zoning ordinance specifically in its terms places
responsibility in other officers or agencies, it is the intent of this Zoning
Ordinance that questions of interpretation and enforcement shall first be
presented to the Zoning Administrator, that such questions shall be presented
to the Zoning Board only on appeal from the decision of the Zoning
Administrator, and that further review in such matters shall be asset out in
Articles 30 and 32 of this Zoning Ordinance.
SECTION 2201. DUTIES OF CITY COMMISSION.
Under this Zoning Ordinance, the City Commission shall have only the
duties of (1) considering and adopting or rejecting proposed amendments to or
the repeal of this Zoning Ordinance; (2) establishing and amending a schedule
of fees and charges for the various actions involved in the zoning process; (3)
approving, approving with appropriate conditions or safeguards, or denying
major land use special permits; (4) reviewing, upon request, decisions of the
Zoning Board when serving in an appellate capacity on decisions of the Zoning
Administrator or director of the Department of Planning; and (5) reviewing,
upon request, decisions of the Zoning Board on Class D special permits,
variances, and special exceptions.
SECTION 2202. DUTIES OF PLANNING ADVISORY BOARD.
Under this Zoning Ordinance, the Planning Advisory Board shall have
only the duties of (1) serving as an advisory instrument to the City
Commission in hearing and making recommendations for those types of
amendments to this Zoning Ordinance set out as being within Board
jurisdiction by Article 35; and (2) serving as an instrument of advice and
22-1
I recommendation on zoning 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 the 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
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.
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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
2301.5.
Major Use Special Permits; Intent; Determinations by City
Commission; Referrals
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
2303.1.
2304.
Action to be Taken Within Time Limits Specified
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
2305.1.
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 fa, 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
to
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
231 1.3. Review of Decisions for Major Use Special Permits
ARTICLE 23. SPECIAL PERMITS: GENERALLY
SECTION 2300. INTENT, GENERALLY.
I In addition to zoning 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.
IS In establishing this special permit system, 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-
L • REFERRALS.
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 areas follows:
2301.1. Class A Special Permits; Intent; Administered by Zoning Admini-
strator, Referrals Permitted but Not Mandatory.
13 It is intended that Class A special permits be required in relation to
14 certain temporary uses and occupancies and/or where specified uses or char-
15 acteristics of use are likely to have adverse effects on immediately adjacent
16 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-
19 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
2301.2. Class B S cial Permits; Intent; Administered bX Zoning Admini-
•1 str an atorY a erra s.
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 coalitions and safeguards. In
4 general, such determinations and reviews will normGHY be by agencies or
5 officers other than the Department of Planning, and ma,, involve matters
6 such as design for traffic, parking and loading facilities, health and
7 environmental considerations, and legal determinations.
2301.2.1. Administration bx ZoninR 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 S22cial Permits• Intent• Determinations by Director of
eaar ment of Plannina: Reterrals.
13 It is intended that Class C special permits be required where specified
14 uses and/or occupancies involve substantial technical issues relating to
IS 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.)
a 2301.4. Class D Special Permits and Special Exceetions.
23-3
2301.4.1. Intent• Distinction between Class D Special Permit and S cial
Exception.
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 limitations, 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 1 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 some.
2301.4.2. Class D Social Permits and, Special Exceptions; Determinations
by Zoninq Board; 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. Major_ Use Special Permits; Intent; Determinations by Cit
commission; Keterrals.
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
i applications for major use special permits. (See Article 28.)
2 The City Commission shall refer all applications 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.
SECTION 2302. RELATION OF SPECIAL PERMITS TO BUILDING PERMITS
13 Where building permits or certificates of use are required by this Zoning
14 Ordinance or other codes or ordinances of the City, no such building permit or
15 certificate of use shall be issued where this Ordinance requires special
16 permits unless and until any and all special permits required have been
17 obtained. Where uses or occupancies do not require building permits or
18 certificates of use, but are otherwise subject to requirements of this Zoning
19 Ordinance, no such use or occupancy shall be initiated or maintained unless
20 and until any and all special permits required herein in relation thereto have
21 been obtained.
SECTION 2303. SPECIAL PERMITS TO BE ISSUED OR DENIED IN A
a OUIREMENTS OF THIS ORDINANCE.
22 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 zoning 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 ticaliy 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 Specif d.
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 Hoard 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 Max File.
23 Except when specifically set out otherwise in this Zoning Ordinance,
24 applications for special permits shall be filed with administrative officials
N.
23-6
I designated by the City Manager and such designees are charged with responsi-
2 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 maX be Required.
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, water courses,
2 easements, an(! 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 vegeto-
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 location and
2 general description of buildings for such use.
3 (m) 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.
2304.2.2. Application 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
1b 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.
Ift
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; STANDA
23 As appropriate to the nature of the special permit involved and the
23-9
I particular circumstances of the case, the following considerations and stan-
2 dards shall apply generally, in addition to any other standards and require-
3 ments 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
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. Draina92
10 Due consideration shall be given to provision for drainage, with
II 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 Potentially 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 particular 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 reasons 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 ComBIX with Conditions and Safeguards to be Deemed
Moo on at 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; AVAILABILITY OF
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
I I 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 ADDlicant.
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 some shall be a public
As 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:
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
12 records.
2308.3. Notification of Affected Agencies or Officials Concerni
va : Actions Followina Such Notitication.
13 Where special permits are approved, with or without conditions and
14 safeguards, affected agencies or officials shall be informed, by copy of the
IS permit, including any conditions and safeguards attached thereto.
16 As appropriate to the circumstances of the case, upon such notif ication,
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.
23-14
2308.4. Notification of Affected Agencies or Officials Concerning De-
nials.
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.
5 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
OF PERMI=FECT OF WITHDRAWAL.
to 10 An application for a Class A, B, C, or D special permit may be
11 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 some 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
S and as provided by the applicable laws of Florida.
2311.1. Review of Decisions for Class A, B, or C Special 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
Xcept Ions.
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 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
0
4
ARTICLE 24. CLASS A AND CLASS B SPECIAL PERMITS:
DETAILED REQUIREMENTS
SECTION 2400. REGULATIONS 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
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 cial 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-
17 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
2401.3. Class B S cial Permits MandatorX Referrals; Class A or Class B -�
�pecial Permits, ORT-o—nal Referrals: Time Limits on Returns.
I Within five (5) working days of receipt of applications for Class B
2 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
13 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 S22cial Permits: Notification Concernin
Intended ecisions; Time Limits When ReferMals 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.
KUM
2401.5. Re uest by ARelicant for Conference• Time Limitation A22licant
to have Access to Record.
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,
5 or departments as the applicant desires, for the purpose of presenting
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
II Applicant.
2401.6. Zoning Administrator to Arrange Conference Secure Attendance•
Conf erence to be Convene = Ef f ect at ai I ure 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
Ift 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• Time Limitations• Further
Action on Permits.
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 Reauired Reports on Issuance or Denial of Class B
24-4
a
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
i0 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.
I5 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
•
ARTICLE 25. CLASS C SPECIAL PERMITS: DETAILED REQUIREVEM—
-
SECTION 2500. REGULATIONS APPLYING.
I Issuance, issuance with conditions and safeguards attached, 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.
40
SECTION 2502. REFERRALS; TIME LIMITATIONS.
10
Within five (5) working days of receipt in the office of an application
I I
for Class C special permit, the director of the Department of Planning shall
12
make referrals to such other officers, agencies, or departments as are
13
required in the case by this Zoning Ordinance or which are, in the director's
14
judgment, necessary to proper disposition of the application. Reviews,
15
analyses, and/or technical findings in such cases shall be returned to the
16
office within ten (10) working days of the date of the director's referral,
17
unless the applicant and the director shall mutually consent to a longer period
18
specified in writing for good cause shown, and the referral shall note this
19
requirement and the length of the extension, if any.
20
The director shall give full consideration to advice or information
21
received as a result of such referrals in arriving at his decision.
SECTION 2503. TIME LIMITATIONS; CONFERENCES; NOTIFICATION OF
DECISION.
25-1
2503.1. Notification Concerning Intended Decisions• Time Limitations.
I The director of the Department of Planning shall 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 Concernina Intended Decisions: Time Limits with no
meterrais.
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 Concernina Intended Decision: Time Limits with
neterrais.
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 vest by ARBlicant for Conference• Time Limitation• A2elicant
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
1 2307.1, Information on which Decision is Based to be Public and Available to
0
0
2 Applicant.
2503.3.
Director of De rtment of PlanninQ to Arron22 Conference
ecure ten ante; Conference to be Convened: Effect at ai ure
o Appear.
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-
tionsz Further Action on Permits.
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.
SECTION 2510. CLASS C SPECIAL PERMIT FOR PRESERVATION OF
NATURAL ARCHEOLOGICAL FEATURES.
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
h
8
9
10
II
12
13
14
15
16
17
18
19
for their preservation.
2510.2. Standards.
In addition to other applicable standards required to be met for the
issuance of a Class C special permit, the director of the Department of
Planning shall determine that the following standards have been met before
reaching decision to grant a Class C special permit for the preservation of
natural or archeological features:
2510.2.1. Relation to Buildable Area.
That the tree (s), vegetation, other natural characteristic, or archeo-
logical feature is in the buildable area of the site and not in yard or setback
areas required for the development of the site;
2510.2.2. Trees.
Where a tree or trees is the natural feature sought to be preserved, that
such tree(s) has a trunk diameter of six (6) inches or more when measured
three (3) feet above ground surface where the tree is located; provided, the
preservation of rare, historic, specimen, or valuable trees having a trunk
WO
25-4
I diameter of less than six (6) inches may be considered for preservation in
2 peculiar and exceptional circumstances;
2510.2.3. Limitations on Types of Regulations that may be 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 lot coverage, minimum floor area, or height.
2510.3. Procedures.
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
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
0
4
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
2607-2650.
Reserved
2651.
Appeals
ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL EXCEP-
71ONS: DETAILED REQUIREMENTS
SECTION 2600. REGULATIONS APPLYING.
! 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 23, 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 be referred to the director of the Department of Planning, and within five (5)
10 working days of receipt of the application, the director shall make such
I I referrals to other officers, agencies, or departments as are required in the
12 case by this zoning ordinance or which are, in the director's judgment,
13 necessary to the preparation of proper recommendations to the Zoning Board
14 concerning disposition of the application.
15 Reviews, analyses, and/or technical findings requested by such referrals
16 shall be returned by the referenced agencies to the office of the director of
17 the Department of Planning within ten (10) working days of the date of the
18 director's referral, unless the applicant and the director shall mutually agree
19 to a time extension in writing and for good cause shown and the referral shall
20 note this requirement and the length of the extension, if any.
SECTION 2603. RESPONSIBILITY FOR RECOMMENDATI(
TION OF • TIME L
26-1
2603.1. Rese2nsibility of Director of Dee2rtment of Planning; Zoning
Board onsi eration.
I The director of the Department of Planning shall prepare recommenda-
2 tions and submit them to the Zoning Board on each application for Class D
3 special permit or special exception, and the Zoning Board shall give full
4 consideration to his recommendations.
260:3.2. Preparation of Recommendations and Time Limitations.
S The director of the Department of Planning shall have twenty five (25)
6 working days from the date of receipt of the application for Class D special
7 perinit or special exception in the office to prepare recommendations and to
8 cause the application and accompanying recommendations to be placed on the
9 agenda of the Zoning Board for consideration. Referrals to other officers,
10 agents, or departments shall not be cause for extending this time 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
AVAILABILITY .
17 The director of the Department of Planning shall submit to the Zoning
18 Board the application, written recommendations and reasons therefor, and all
19 reviews, analyses, and/or technical findings related to the case received
20 during the referral process.
21 All such materials shall be a permanent part of the written and public
22 record in the case, and shall be available not less than five (5) working days
26-2
2603.1. Rem2nsibilitZ of Director of Department of Planning; Zoning
Board onsi eration.
I The director of the Department of Planning shall prepare recommenda-
2 tions and submit them to the Zoning Board 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 shall 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
9 agenda of the Zoning Board for consideration. Referrals to other officers,
10 agents, or departments shall not be cause for extending this time 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
AVAILABILITY
17 The director of the Department of Planning shall submit to the Zoning
18 Board the application, written recommendations and reasons therefor, and all
I reviews, analyses, and/or technical findings related to the case received
20 during the referral process.
21 All such materials shall be a permanent part of the written and public
22 record in the case, and shall 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, if
3 desired. During this period and upon request, any other person, or any
4 officer, agency, or department of government shall have access to the record.
SECTION 2605. NOTICESi HEARINGS.
2605.1. Class D Special Permits; Formal Notice and Hearing not Manda-
tory but may be Reouiredby Zonina Board.
5 Class D special permits, as specified in this ordinance, 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.
is 2605.1.1. Optional Formal Notice and Hearing.
26-3
I Where, at any meeting prior to or during any meeting at 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 shall find 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-
T I
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 Planning, and shall make written findings that the
3 applicable requirements of this Zoning Ordinance have or have not been met,
4 and the Board shall act in accordance with Section 2303, Special Permits to
5 be Issued or Denied in Accordance with Procedures, Standards, and
6 Requirements of this Ordinance.
2606.2. Time Reguirementsi 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 both.
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;
46 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 information 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 2308, Actions Following Decisions on Special Permits.
2606.4. Time Limitation on Further Applications After Denial of Class D
Special Permits orboecial ExceDtions.
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 some 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.
ARTICLE 28. MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS
0
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
0
0
ARTICLE 28. MAJOR USE SPECIAL PERMITS: DETAILED REQUIREMENTS
-
0
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
40 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 2801. 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
46 23 involving in excess of two hundred thousand (200,000) square feet of floor
24 area;
rfm
1 (3) Recreational, cultural, institutional, or entertainment 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 statement 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.
28-2
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.
2802.2.1. Preliminary Application: Review and Recommendation.
to
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.
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2802.2.2. Preliminary Application: Commission 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 appl ication.
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 R art.
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 hensive plan designations for the area on and around the lands proposed for
20 major use special permit.
2802.3.2. Maior 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
F
I relationships within the area to be encompassed but shall demonstrate parti-
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 zoning 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 impuct," 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,
94M.
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 some, 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
to of riannin .
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
40 23 the case for transmission to the City Commission. Public notice and hearing
rfsM►i
I shall be required before the Planning Advisory Board in the matter of its
2 consideration of a final application for major land use special permit.
W
2802.7. Hearing on Final Apelication.
3 Upon transmission to the City Commission of the recommendations of
4 the director of the Department of Planning and the Planning Advisory Board,
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
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
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
FINAL APPLICATION
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
19 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
RM
I in zoning classification or other City ordinances or regulations; whether or
2 not any further implementing actions will be required and, if so, 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 COMMISSION APPROVAL OF FINAL
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
40 24 conform to the final application and the terms on which it was granted.
M
SECTION 2806. CHANGES IN APPROVED = %AJOR LAND USE SPECIAL
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 some 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. APPEALS FROM DECISIONS OF ZONING ADMINI-
STRATOR AND DIRECTOR OF THE DEPARTMENT OF
PLANNING
3000.
Generally
3001.
Status of Administrative Decision;
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
1
Time Limits on Appeal; Filing of
M01"
MIJA
\\itlf\f
SECTION 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: FILING OF APPEM.
8 Decisions of the Zoning Administrator or the director of the Depart-
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
46 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 officer's 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 DATES; 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.
15 All records in the matter of the appeal shall be open to the appellant
16 and any other interested persons, to the end that all 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
49
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 trot ive 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
AW 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 31. APPEALS FOR VARIANCE FROM TERMS OF ORDI-
NANCE
SECTION 3101. 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 V
16 It is the intent of this Zoning Ordinance that the Zoning Administrator
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
31-1
I to procedures and standards set out in this Zoning Ordinance and applicable
2 Florida law.
SECTION 3103. REQUIREMENTS AND PROCEDURES.
3 A variance from the terms of this Zoning Ordinance shall not be granted
4 by the Zoning Board unless and until:
5
6
7
8
9
F
12
13
14
15
16
17
18
19
20
21
22
23
24
3103.1. Written Petition.
A written petition for a variance is submitted to the officer or agent of
the City specified by the City Manager demonstrating all of the following:
(a) Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not
applicable to other lands, structures, or buildings in the same
zoning district;
(b) The special conditions and circumstances do not result from the
actions of the petitioner;
(c) Literal interpretation of the provisions of this zoning ordinance
would deprive the applicant of rights commonly enjoyed by other
properties in the some zoning district under the terms of this
zoning ordinance and would work unnecessary and undue hardship
on the petitioner;
(d) Granting the variance requested will not confer on the petitioner
any special privilege that is denied by this Zoning Ordinance to
other lands, buildings, or structures in the some zoning district;
(e) The variance, if granted, is the minimum variance that will make
possible the reasonable use of the land, building, or structure; and
(f) The grant of the variance will be in harmony with the general
intent and purpose of this zoning ordinance, and will not ae
W
31-2
I injurious to the neighborhood, or otherwise detrimental 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.
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.
Is 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 MaX 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 limi-
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 ;•or extension of time
I I shall not require formal public notice, public hearing, or payment of fee, but
12 the same 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)
16 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 same type of variance on all or any part of the some property for a period of
22 one year from the date of denial.
SECTION 3106. REVIEW OF DECISIONS OF ZONING BOARD ON VARIAN-
CES.
23 Review of decisions of the Zoning Board on variances shall be as set out
24 in Article 32 of this zoning ordinance.
31-4
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
3204. City Commission Powers of Review
3205. Judicial Review
40
ARTICLE 32. STATUS OF DECISIONS OF ZONING BOARD; REVIEW
0
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 (15) 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 REQUESTLPAYMENT 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
40 11 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 decision of the
2 City Commission by presenting to the Circuit Court a petition of issuance of
3 a Writ of Certiorari in accordance with Florida Appellate Rules.
ARTICLE 33. RESERVED.
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0
0
I*
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 Strulctures 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
3411. Records
3412. Fees and Charges
3413. Appeals from Decisions of Zoning Administrator
ARTICLE 34. ADMINISTRATION. ENFORCEMENT. VIOLATIONS
s
SECTION 3401. ZONING ADMINISTRATOR RESPONSIBLE FOR ADMINI-
3401.1. Generally.
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 Zonin Administrator in Administration
and Enforcement.
00 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
-re-r.r--r-,eerr�ee-re-met-e se R,1 R 7 I! nee xl• R-rrr*7�---'�'�
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
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 I-N
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 Aeplications.
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 shall be based on a registered land surveyor's certified survey, reflecting
0 2 current conditions.
3402.2. Processing Applications; Issuance or Denial of Permit.
3 The Zoning Administrator or the Administrator's officially authorized
4 agent shall examine the plans and application to determine whether they are
5 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 LIMITAT
0 ACTIONS OR CERTIFICATES OF USF-
3403.1. 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 met, 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
Districts.
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 1
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.
r
22 A certificate of use shall be required for all lawful uses made
34-4
0
0
I nonconforming by passage or amendment of this Zoning Ordinance. Applica-
2 tions for such certificates, on forms provided, shall be made to the Zoning
3 Administrator by the nonconforming user of the structure or premises
4 involved within one year of the effective date of this Ordinance or the
5 amendment thereof making the use nonconforming. Failure to apply for such
6 certificate shall place upon the owner or tenant the burden of proof that such
7 use, and the extent thereof, of the structure or land was in lawful
8 nonconforming use on the effective date of this Zoning Ordinance or
9 amendment.
10 The Zoning Administrator shall exercise due diligence in informing
I I owners or tenants of the need for such certificates at or prior to the time the
12 uses are made nonconforming, but failure to notify affected owners or
13 tenants shall not relieve them of the duty to make application as indicated.
14 Upon such application, and after inspection to determine the facts in
15 the case, if such inspection is reasonably necessary, it shall be the duty of the
16 Zoning Administrator to issue such certificate if the Administrator finds the
17 use lawful, or to withhold the certificate and take such remedial action as is
18 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.
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I Any owner or tenant engaged in existing use of structures or premises
2 (other than nonconforming use) may, but shall not be required to, apply on
3 forms provided for a certificate of use certifying that such use is lawful
4 under existing zoning 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 of 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.
TO BE AS PROVIDED
17 Building permits or certificates of use issued by the Zoning Administra-
!8 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.
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SECTION 3405. STATUS OF BUILDING PERMITS OR CERTIFICATES OF
Ubt UED PRIOR TO ADOPTION OR A
DM
I 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. Com letion of Lawful Actions Initiated Prior to Adoption or
Amendment of urdiffinance: ime Limits For Completion at
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
40 9 a change in the plans, construction, or designated use of a building or
10 structure or portion thereof under actual construction, provided such
11 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
ft 20 preparatory to new construction, such excavation, demolition, or removal
K�7
I shall be deemed to be actual construction, provided that work shall be
2 continuously carried on without interruption, except for just cause, until the
3 completion of the new construction involved.
3405.1.3. Occupancy not Involving Pending Building 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 Prior
Lo` n(nq
10 Where agreements were made or conditions and safeguards attached
I I under prior zoning, such agreements, conditions, and safeguards shall remain
12 in effect even though such zoning is repealed or amended, except where
13 current zoning specifically removes the requirements or limitations.
SECTION 3406. RESERVED.
SECTION 3407. ZONING CONFORMITY REQUIRED PRIOR TO
14 Officials charged with issuance of permits or licenses for the use of any
15 premises for the conduct of any business, enterprise, occupation, trade,
16 profession, or activity governed by the provisions of this Zoning Ordinance
17 shall not issue such licenses or permits unless the use conforms to the
18 requirements of this Zoning Ordinance. In cases where certificates of use are
19 required by this Zoning Ordinance, no such license or permit shall be issued
34-8
I except upon certification by the Zoning Administrator that a valid certificate
2 of use, accurately representing current zoning status, is in effect.
SECTION 3408. PERMITS OR CERTIFICATES OF_ U, WrrVft SE GRANTED IN ER-
3 A building permit or certificate of use issued in error shall not confer
4 any rights to construction or occupancy, and upon a finding that a permit has
5 been so issued, it shall be revoked, provided actual construction has not
6 commenced.
7 No building permit or certificate of use shall be deemed or construed to
8 authorize violation of any provisions of this Zoning Ordinance, and such
9 permits or certificates shall be deemed or construed to be valid only to the
10 extent that the work authorized is lawful.
I I Issuance of a building permit based upon plans shall not prevent the
12 Zoning Administrator from requiring thereafter correction of errors in such
13 plans. Issuance of a certificate of use based upon application shall not
14 prevent the Zoning Administrator from requiring correction of the application
15 or of any violation of the use regulations of the district.
SECTION 3409. ACTION ON VIOLATIONSi REMEDIES.
16 The Zoning Administrator shall enforce vigorously the provisions of this
17 Zoning Ordinance, prevent violations or detect and secure their correction,
18 and investigate promptly complaints of violations and report the findings and
19 actions on complaints. If the Administrator shall find that any of the
20 provisions of this Ordinance are being violated, notification shall be made in
21 writing to those responsible, indicating the nature of the offense and ordering
22 the action necessary to correct it.
VA
23 The Zoning Administrator shall order the discontinuance of illegal use
34-9
I of land, buildings, or structures; removal of illegal buildings or structures or
2 of illegal additions, alterations or structural changes; removal of illegal signs;
3 and discontinuance of any illegal work being done, or shall take or cause to be
4 taken any other action authorized by this Zoning Ordinance or the laws of the
5 City or the State of Florida to insure compliance with, and prevent violations
6 of, the provisions of this Zoning Ordinance.
7 If any structure or sign is erected, constructed, reconstructed, altered,
8 repaired, or maintained, or any structure, land, or water is used in violation
9 of any regulation herein contained, the Zoning Administrator or other proper
10 authorities of the City, in addition to other remedies, may institute any
I I appropriate civil action or proceedings in the Circuit Court for Dade County,
12 Florida, to prevent such unlawful erection, construction, reconstruction,
13 alteration, repair, conversion, maintenance or use, and to restrain, correct, or
14 abate such violation, to prevent the occupancy of said structure, land or
15 water, and to prevent any illegal act, conduct of business, or use in or about
16 such premises.
SECTION 3410. PENALTIES.
17 Any person, firm, or corporation violating, or foiling to comply with
18 requirements of this Zoning Ordinance shall be deemed guilty of a
19 misdemeanor, and upon conviction thereof shall be punished by a fine not
20 exceeding five hundred dollars ($500) or imprisonment for a term not
21 exceeding sixty (60) days, or by both such fine and imprisonment at the
22 discretion of the Court. The owner of any building or premises or parts
23 thereof, where anything in violation of this Ordinance exists or where any
24 requirement of this Ordinance has not been met, and any architect, builder,
25 contractor, or agent of the owner, or any tenant, who knowingly commits or
26 assists in the commission of any violation, shall be deemed guilty of a
r
34-10
I separate offense. Each days continuance of a violation shall be deemed a
of 2 separate offense, punishable on conviction as herein prescribed.
SECTION 3411. RECORDS.
3 The Zoning Administrator shall maintain records of all official adminis-
4 trative actions, and of all violations discovered by whatever means, including
5 all complaints and responses made in regard thereto, with remedial action
6 taken and disposition of cases. Such records shall be public records.
SECTION 3412. FEES AND CHARGES.
7 The City Commission shall establish a schedule of fees and charges for
8 matters pertaining to this Zoning Ordinance. Such schedule shall be posted in
9 the office of the Zoning Administrator. The schedule of fees and charges
10 may be changed by resolution of the City Commission and is not subject to
jo 1 I the procedure for zoning amendment set out in Article 35 of this Zoning
12 Ordinance.
13 In establishing a schedule of fees and charges, it is intended that the
14 City of Miami shall not be required to bear any part of the cost of applica-
15 tions or petitions made under this Zoning Ordinance and that the fees and
16 charges to be set shall represent the actual and reasonable cost of required
17 legal advertising, postage, clerical, filing, overhead, and other costs involved
18 in the processing of applications and petitions.
19 No action of any type or kind under this Zoning Ordinance shall be taken
20 on any application or petition until all fees and charges have been paid in full.
21 Applications or petitions initiated officially by the City by its duly
22 authorized agencies or officers are exempt from the payment of the fees and
23 charIs ges that may be set.
34-1 1
SECTION 3413.
Appeals from decisions or interpretations under or concerning provisions
2 of this Zoning Ordinance shall be made to the Zoning Board, as provided in
3 Article 30.
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ARTICLE 35. AMENDMENTS
4
�J
Is
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
3508.1.
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
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 May Apply.
8 Except as otherwise limited by this zoning ordinance, applications for
9 zoning amendments may be made by.
10 (a) City Commission
1 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.
4b 3502.3. Submission of A2Plications for Amendment.
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 3502.1 (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 agent. All applications shall be accompanied by all
7 pertinent information required by this Zoning Ordinance and which may be
8 required for proper consideration of the matter, along with the payment of all
9 required fees and charges.
SECTION 3503. AMENDMENTS TO BE HEARD BY PLANNING ADVISORY
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. AMENDMENTS 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
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
6
4
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 statement 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 Advisory Board or Zoning
16 Board shall be noticed as set out in Section 62-55 (1) (2) (3) and
17 Wof 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 ADV
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,
2 recommendation, and advice in writing to the Zoning Board as it may deem
3 appropriate in the case. The Planning Advisory Board shall not be required to
4 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 item is a part
7 of a previously prepared agenda of - the Planning Advisory Board. The public
8 hearing scheduled before the Zoning Board, and the recommendation of the
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 not less than 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 ~
16 Advisory Board approval or disapproval of the proposed amendment.
SECTION 3508. HEARINGS OF BOARDS AND REPORT TO CITY COMMIS-
. .
3508.1. Zoning Board.
17 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
22 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 AdvisorXBoard.
35-4
I
Public hearings required before the Planning Advisory Board shall be
2
held within sixty (60) days after the proposal for amendment has been filed in
00
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
10
Board and City Commission, the Planning Advisory Board shall file its
I 1
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 Board. (See Section 3508.3 below.)
3508.3. Exception to Time Limits.
Is 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-
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;
24 (b) The proposed change is contrary to the established land use
25 pattern;
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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
28
(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
00
I*
I (p) It is impossible to find other adequate sites in the City for the
2 proposed use in districts already permitting such use.
SECTION 3510. NATURE AND REQUIREMENTS OF P
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
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 Re ired.
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 I (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 Plannin Advisory Board or Zoning Board
eport is Adverse to Pro22sed 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 application to the Planning
00 2 Advisory Board or the Zoning Board, as the case maybe, 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. LIMITATIONS ON THE REZONING OF PROPERTY WHERE
APPLICATIOMS INITIATED UNDER SECTION . e.
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
Is 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 same 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 some 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
APPLICATIONS AFTER PRO ES ING EGIN .
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
(3 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 Hearin4. Prior to Hearinq, or at
riearing.
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.
35-10
Is
3515.3. Chang2s During Planning Advisory Board Zoning Board or
Commission Consideration.
I Upon completion of the public hearing by the Planning Advisory Board,
2 Zoning Board, or City Commission, as the case may be, no proposed
3 amendment shall be recommended or adopted, as the case may be, which is
4 substantially at variance with the proposal upon which the public hearing was
5 held.
3515.4. Procedure Where Substantial Changes Are Proposed.
6 Where substantial changes are proposed;
7 (a) subsequent to the notice of public hearing, prior to public
8 hearing, or at the public hearing, (Section 3515.2 above); or
9 (b) after the public hearing but before recommendation or
10 adoption, as the case may be, has been made (Section 3515.3
I above),
12 such proposed changes are to be treated as a proposed new amendment and
13 subject to the applicable procedures and standards of this Article as for
14 proposed new amendments.
35-1 1
ARTICLE 36. DEFINITIONS
10
3600. General
3601. Citation to Specific Definitions
3602. Specific (Definitions are in Alphabetical Order)
9
ARTICLE 36. DEFINITIONS
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.
5 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," "design-
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 something 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 Accessory 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 some
23 premises. "On the some premises" shall be construed as meaning on the some
36-1
I lot 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.
S Adult. See Sec. 2037.2.
6 Adult Bookstore. See Sec. 2037.2
7 Adult Escort Service. See Sec. 2037.2
8 Adult Entertainment or Service Establishment. See Sec. 2037.2
9 Adult Massage Parlor. See Sec. 2037.2
10 Adult Motion Picture Theater. See Sec. 2037.2
11 Adult Private Dancing. See Sec. 2037.2
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, removal,
17 replacement, reinforcement or addition of beams, ceiling and floor joists,
18 reinforced concrete floor stabs (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 Apartment. See Dwelling, Multifamily.
27 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
36-2
I dwelling. Such establishments may furnish dining room service.
00 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 soles 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 mats, wiper blades, grease retainers, wheel bearings, mufflers, shock
26 abosorbers, mirrors, and the like;
is 27 d. Provision of water, supplements for radiator fluids, and the like;
28 e. Washing and polishing, limited to facilities for washing one car at a
36-3
I time, 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;
I 1 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, fumes, 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
36-4
I
specifically permitted, they may also include part or all of the facilities and
Of
2
services provided by automotive service stations.
3
Awning. See Sec. 2008.3.
4
Bar, Cocktail Lounges 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.
9
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 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
Buildin . 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
26
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.
S Bulletin Board, Community or Neighborhood. See Sec. 2025.1.16.1.
6 Cam. See Sec. 2008.3.
7 Car Space. See Sec. 2012.7.
8 Car Space, Occupant. See Sec. 2012.7. I.I.
9 Car Space, Total. See Sec. 2012.7.1.2.
10 Ca� rp2r_�. A carport is a portion of a principal residential building or a
I I 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
1 (4) 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 Clinics 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
16 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.
46 28 Convalescent Home. See Nursing Home.
36-7
I Convenience Establishment. A convenience establishment is one
2 serving daily or frequent needs for commodities or services. Such I -IN
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
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.I.
10 Court, Outer. See Sec. 2013.6.1.2.
11 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 tomers 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 Dwelling, 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-
Iq
portatable, detached dwelling constructed on a chassis for purposes of trans-
2
portation and designed and intended for long-term residential occupancy at
3
the site where placed in use. A travel trailer is not to be considered as a
4
mobile home. For purposes of these regulations, mobile homes used as
5
dwellings are to be construed as a separate class.
6
Dwelling, Multifamily; Multiple? Apartment Building. A multifamily
7
dwelling, multiple dwelling, or apartment building is a building containing
8
three (3) or more dwelling units.
9
Dwelling, One -Family or Single -Family. A one -family or single family
10
dwelling is a building containing only one dwelling unit. The term is general,
I I
including such specialized forms as one -family detached, one -family semi-
12
detached, and one -family attached (row house, townhouses, patio houses and
13
the like). For purposes of these regulations, the term is not to be construed
14
to include mobile homes or travel trailers, houseboats or other watercraft
15
containing living quarters, housing mounted on self-propelled or drawn
16
vehicles, tents, or other forms of temporary or portable housing, all of which
17
are to be construed as separate classes of dwellings or lodgings.
18
DwellinZ, Semi -Detached. A semi-detached dwelling is a building
19
containing only one or two (2) dwelling units, separated from only one other
20
building containing only one or two (2) dwelling units by a party wall without
21
openings, and with each building having a separate lot with at least the
22
minimum dimensions required by district regulations for such buildings, or so
23
located on land in the same ownership that such lots could be provided.
24
Dwelling, Two -Family. A two-family dwelling is a building containing
25
only two dwelling units. The term is general, including such specialized forms
26
as two-family detached, two-family semi-detached, and two-family attached.
27
For the purposes of these regulations, the term is not to be construed to
28
include mobile homes, houseboats or other watercraft containing living
36-9
I quarters, or other forms of temporary or portable housing, all of which are to
2 be construed as separate classes of dwellings or lodgings.
3 Dwelling Unit. A dwelling unit is a room or rooms connected together,
4 constituting a separate, independent housekeeping establishment for one
5 family only, for owner occupancy or rental or lease on weekly or longer
6 terms, physical separated from any other rooms or dwelling units which may
7 be in the some structure, and containing independent kitchen, sanitary, and
8 sleeping facilities. Dwelling units occupied by transients on a rental or lease
9 basis for periods of less than one week shall be considered lodging units.
10 Dwellings, Attached. Attached dwellings are buildings containing only
I I one or two (2) dwelling units each, with three (3) or more such buildings
12 attached to each other at party walls without openings. Side yards shall be
13 required only at the ends of rows of attached dwellings. Such buildings shall
14 have individual lots, or shall be so located on land in the some ownership that
15 individual lots meeting the requirements of district regulations could be
16 provided for each, or shall be so located and grouped on land in the same
17 ownership that individual lots plus common open space for each and all groups
18 would yield a lot area per dwelling unit at least equal to that required for the
110 district. The term attached dwelling is intended to apply to row houses,
20 townhouses, patio houses, and other forms with three (3) or more buildings
21 attached to each other, provided that any such building containing more than
22 two (2) dwelling units shall be considered a multi -family dwelling.
23 FmbaZment. An embayment is horizontal recess in a building at or near
24 ground level, with upper portions of the building extending over the space
25 involved. As used in these regulations, emboyment is sometimes permitted as
26 an alternative to setting back the entire wall of the building.
27 Family. A family is one or more persons occupying a single dwelling or
28 lodging unit, provided that unless all members are related by blood or
36-10
I quarters, or other forms of temporary or portable housing, all of which are to
2 be construed as separate classes of dwellings or lodgings.
3 Dwelling Unit. A dwelling unit is a room or rooms connected together,
4 constituting a separate, independent housekeeping establishment for one
5 family only, for owner occupancy or rental or lease on weekly or longer
6 terms, physical separated from any other rooms or dwelling units which may
7 be in the some structure, and containing independent kitchen, sanitary, and
8 sleeping facilities. Dwelling units occupied by transients on a rental or lease
9 basis for periods of less than one week shall be considered lodging units.
10 Dwellings, Attached. Attached dwellings are buildings containing only
I I one or two (2) dwelling units each, with three (3) or more such buildings
12 attached to each other at party walls without openings. Side yards shall be
13 required only at the ends of rows of attached dwellings. Such buildings shall
14 have individual lots, or shall be so located on land in the some ownership that
15 individual lots meeting the requirements of district regulations could be
16 provided for each, or shall be so located and grouped on land in the same
17 ownership that individual lots plus common open space for each and all groups
18 would yield a lot area per dwelling unit at least equal to that required for the
19 district. The term attached dwelling is intended to apply to row houses,
20 townhouses, patio houses, and other forms with three (3) or more buildings
21 attached to each other, provided that any such building containing more than
22 two (2) dwelling units shall be considered a multi -family dwelling.
23 Fmbayment. An embayment is horizontal recess in a building at or near
24 ground level, with upper portions of the building extending over the space
25 involved. As used in these regulations, embayment is sometimes permitted as
26 an alternative to setting back the entire wall of the building.
27 Family. A family is one or more persons occupying a single dwelling or
28 lodging unit, provided that unless all members are related by blood or
36-10
I
marriage, no such family shall contain over five (5) persons (including
10
2
servants), but further provided as follows:
3
a. In a dwelling unit, not more than two (2) rooms not containing
4
independent kitchen facilities and not physically separated from the dwelling
5
unit may be occupied by a total of four (4) or less roomers, who may also
6
board with the family. Four (4) or less boarders, including but not necessarily
7
restricted to roomers on the premises, may be accommodated.
8
b. A family may also include a group of not more than eight (8)
9
children, in addition to foster parents, residing in a home caring for foster
10
children, with the total number of children including natural children of the
I I
foster parent, provided that such home is approved by apppropriate state
12
and/or local agencies.
13
The term "family" shall not be construed to mean fraternity, sorority,
14
club, or institutional group.
15
Floor Area, Residential. See Sec. 2012.3.1.
16
Fraternity; Sorority; Student Center. The terms fraternity, sorority or
17
student center refer to buildings or portions of buildings constructed and
18
reserved primarily for fraternity, sorority, or student center purposes.
19
Application of the regulations herein set out is intended to be limited to the
20
physical facilities involved for zoning purposes only and does not include
21
authorization or control of the organization itself.
22
A fraternity or sorority under this zoning ordinance shall be construed
23
as an establishment chartered by an appropriate national or state organiza-
24
tion and approved by the educational institution to which it relates. Such
25
establishments provide social and recreational facilities primarily for student
26
members (with visits by alumni and guests) and may provide lodging and/or
27
meals.
28
For regulatory purposes, student centers operated under religious or
36-1 1
I other eleemosynary auspices and approved by the education institution to
2 which they relate shall be construed to fall under the some zoning controls as
3 fraternities and sororities, including applicable controls on dwelling or lodging
4 units involved.
5 Front Yard. See Yard, Front.
6 Frontage, as Specially Related to Sign Regulation. See Sec. 2025.1.2,
7 2025.1.3.
8 Gross Area of a Regular Lot. See Lot, Regular, gross area.
9 Group Homes for the Mentally Retarded or Handicapped. Group homes
10 for the mentally retarded or handicapped are lodging facilities for the
II mentally retarded or handicapped providing supervision, guidance, and
12 counselling. For the purposes of this zoning ordinance, such establishments
13 are divided into two (2) classes, (a) with facilities for less than ten (10)
14 persons, and (b) with facilities for ten (10) or more persons.
15 Habitable Rooms. See Rooms, Habitable.
16 Home for the Aged. See Institution for the Aged.
17 Home Occupation. A home occupation is an occupation conducted
18 entirely within a dwelling unit. See also Sec. 2003.5.
19 Homes for the Mentally Retarded or Handicapped. See Group Homes
20 for the Mentally Retarded or Handicapped.
21 Horizon Arc. Horizon arc, as used in relation to view protection in
22 these regulations, means the portion of the horizon (in degrees) involved in
23 the view being protected.
24 Hoteli Motel. A hotel or motel is a building containing eleven (11) or
25 more lodging units, primarily for rental to transients. Where a group of
26 buildings contains a total of eleven (1 1) 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
I Hotel, Residence. See Residence Hotel.
09 2 Housing for the Elderly. See Sec. 2017.5.
3 Inner Court. See Sec. 2013.6. I.I.
4 Institution for the Aged (Home for the Aged). An institution for the
5 aged (or home for the aged) is a facility for ;he care of the aged with routine
6 nursing and/or medical care and supervision provided. An institution for the
7 aged is in the nature of a nursing home, but with clientele restricted to the
8 aged. An institution for the aged is not to be considered as housing for the
9
elderly.
(0
Interim ZoningDistrict, istrict, Special Public Interest. See Sec. 1900.
11
Interior Lot. See Lot, Interior.
12
Irregular Lot. See Lot, Irregular.
13
.Junk Yard. A junk yard is a place, structure, or lot where junk, waste,
14
discarded products, salvages, or similar materials such as old metals, wood,
15
lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc.,
16
are bought, sold, exchanged, baled, packed, disassembled, stored, or handled,
17
including used lumber and used building material yards, housewrecking yards,
18
heavy equipment wrecking yards, and yards or places for the storage, sale or
19
handling of salvaged house wrecking or structural steel materials. This
20
definition shall not include automobile wrecking and automobile wrecking
21
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 same site where such
26
processing occurs.
27
Kindergarten. See Child Care Center.
28
Kiosk. See Sec. 2025.1.16.2.
36-13
I Kitchen Facilities. 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 _Foci Ii Z, Offstreet. See Offstreet Loading Facility.
7 Loadingg.Seace, Offstreet. 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, Conforming. 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, Irregulars Area of. See Sec. 2007.1.
19 Lot, Nonconforming. See Sec. 2005.3.
20 Lot, Regular. See Sec. 2005.5
21 Lot, Regular, Gross Area. See Sec. 2006.2.2.
22 Lot, Regular, Net Area. See Sec. 2006.2.1.
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.
28 Lotting. Lotting is the division of land into lots.
36-14
I Major Recreational Equipment. See Sec. 2020.2.1. See also Travel
10 2 Trailer.
3 Manual of Acce table Practices. See Sec. 2011.
4 Minimum PropertXStandards. See Sec. 2011.
5 Mobile Home. See Dwelling, Mobile Home.
6 Motel. See Hotel; Motel.
7 Multifamily Use; Multiple Family Use. For purposes of determining
8 whether a lot is in multifamily or multiple family use, the following
9 considerations shall apply:
10 (1) Multifamily uses may involve dwelling units intended to be rented
II and maintained under central ownership or management, or cooperative
12 apartments, condominiums, and the like.
13 (2) Where an undivided lot contains more than one building, and the
14 buildings are not so located that lots conforming to requirements for one or
10 15 two-family dwellings in the district could be provided, the lot shall be
16 considered to be in multifamily use if it contains three (3) or more dwelling
17 units, even though individual buildings involved may each contain less than
18 three (3) dwelling units.
19 (3) Any multifamily dwelling in which dwelling units are available for
20 rental or lease for periods 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
23 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 a Regular Lot. See Lot, Regular, Net Area.
28 Night Club. See Club, Night.
36-15
I Nonconforming Characteristics of Use. See Sec. 2107.
2 Nonconforming Lot. See Lot, Nonconforming.
3 Nonconforming Structures. See Sec. 2106.
4 Nonconforming Use (of Land or Water or Land with Minor Structures
5 onl ). See Sec. 2103.
6 Non Conforming Use of Major Structures or Structures and Premises in
7 Combination. See Sec. 2104.
8 Nonconformities. See Sec. 2101.1. and 2.
9 Nursery School. See Child Care Center.
10 Nursing Home or Extended Care Facility. A nursing home or extended
I I care facility is a private home, institution, building, residence, or other place,
12 whether operated for profit or not, including those places operated by units of
13 government, 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
16 to the operator, who by reason of illness, physical infirmity, or advanced age,
17 are unable to care for themselves; provided, that this definition shall include
18 homes offering services for less than three (3) persons where the homes are
19 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.
26 Offstreet Loading Foci IitX. See Sec. 2023.1.
27 Offstreet Loading Space. See Sec. 2023.1.
28 Off street Loading Stall or Berth. See Sec. 2023.1.
36-16
I
Open Space. See Sec. 2012.4.1.1.
2
Open Space, Covered. See Sec. 2012.4.1.3.
00
3
Open Space, Pedestrian. See Pedestrian Open Space.
4
Open Space, Uncovered. See Sec. 2012.4.1.2.
5
Outdoor Advertising Business. See Sec. 2025.1.7.
6
Outer Court. See Court, Outer.
7
Parcel. See Lot.
8
Pedestrian Open Space. See Sec. 2012.5.1.2.
9
Personal Rehabilitation Centers. Personal rehabilitation centers are
10
establishments for rehabilitation, care, or treatment of (a) persons dependent
I I
on or making excessive use of illegal drugs, or (b) the mentally handicapped or
12
retarded, or (c) persons seeking to avoid or afflicted with alcoholism, or (d)
13
persons being released from prisons or mental institutions or ordered by
14
appropriate authority to such establishments in lieu of incarceration in
,. 15
prisons or mental institutions.
Ic,
For purposes of this zoning ordinance, personal rehabilitation centers
17 are not intended to include hospitals, clinics, or offices for general practice
18 of medicine or treatment of mental disorders, nursing or convalescent homes,
19 institutions or homes for the aged, or workshops for physically or economical-
20 ly handicapped persons. So-called "hot line" facilities, where persons being
21 served, guided, or counselled do not visit the establishment are not included.
22 Planned Development. See Sec. 501.
23 Planned Development, Highway Commercial. See Sec. 900.
24 Planned Development, Housing. See Sec. 600.
25 Planned Development, Mixed Use. See Sec. 1200.
26 PrimarX Walls. See Walls, Primary.
27 Primary Windows. See Windows, Primary.
0 28 Private Clubs or Lodges. The terms private club or lodge refer to
36-17
I buildings or portions of buildings constructed and reserved primarily for
2 private club or lodge or fraternal organization purposes. Application of the
3 regulations set out herein is intended to be limited to the physical facilities
4 involved for zoning purposes only, and does not include authorization or
5 control of the organization itself. For the purpose of this zoning ordinance,
6 private clubs and lodges shall be construed as being separate and distinct
7 from fraternities and sororities. Private clubs and lodges containing dwelling
8 units and/or lodging units other than for managers or other employees shall be
9 subject to regulations applying to dwelling or lodging uses in addition to any
10 special regulations applying to such private clubs and lodges. For regulatory
I I purposes, this zoning ordinance distinguishes between private clubs, not for
12 profit, and private clubs for profit.
13 Rear Yard. See Yard, Rear.
14 Recreation Space. See Sec. 2012.6.
15 Recreational Equipment, Major. See Major Recreational Equipment.
16 Regular Lot. See Lot, Regular.
17 Residence Hotel. A residence hotel is a building or group of buildings
18 on the some premises containing in combination eleven (I 1) or more lodging
19 units available for rental only for periods of thirty (30) days or longer,
20 provided however that temporary lodging units for guests of regular tenants
21 may be provided in any residence hotel, with number of such units limited to
22 ten (10) percent of the number of lodging units, and subject to other require-
23 ments of the district as to lot area per unit, offstreet parking and the like.
24 Such establishments may furnish dining room service.
25 Residential Floor Area. See Floor Area, Residential.
26 Restaurant. A restaurant is an establishment where food is ordered
27 from a menu or selected in a cafeteria or from a buffet with food, prepared
28 and served for pay primarily for consumption on the premises in a completely
I enclosed room, under roof of the main structure, or in an interior court. A
00 2 drive-in restaurant as separately defined shall be governed by any special
3 requirements or limitations established in relation thereto in this ordinance.
4 Restaurant, Drive -In. A drive in restaurant is any place or premises
5 where provision is made on the premises for the selling dispensing, or serving
6 of food refreshments, or non-alcoholic beverages in automobiles and/or in
7 areas other than in a completely enclosed building on the premises, including
8 those establishments where customers may serve themselves and may eat or
9 drink the food, refreshments or non-alcoholic beverages in automobiles on the
10 premises and/or in other than a completely enclosed building on the premises.
I I A restaurant which provides drive-in facilities of any kind in connection with
12 regular restaurant activities shall be deemed a drive-in restaurant under this
13 definition. A barbeque stand or pit having the characteristics noted in this
14 definition shall be deemed a drive-in restaurant.
10 15 Reversed Frontage Lot. See Lot, Reversed Frontage.
16 Rooming Housei Lodging House. A rooming house or lodging house is a
17 building containing from three (3) or more lodging units, for rental for weekly
18 or longer periods, with or without board, as distinguished from hotels and
19 tourist homes, where occupancy is primarily by transients. Where a group of
20 buildings contains a total of three (3) or more lodging units, the lot shall be
21 construed to be in rooming or lodging house use.
22 Rooms, Habitable. See Sec. 2013.5.6. I.
23 Secondary Walls. See Walls, Secondary.
24 Secondary Windows. See Windows, Secondary.
25 Side Yard. See Yard, Side.
26 Sign. See Sec. 2025.1.1.
27 Sian, Address. See Sec. 2025.1.25
28 Signs Advertising. See Sec. 2025.1.27.
36-19
I Sign, Animated. See Sec. 2025.1.9.
2 Sign, Animated, Revolving or Whirling. See Sec. 2025.1.9.1.
3 Sign, Banner. See Sec. 2025.1.17.
4 SiZ2, Canopy, Marquee, or Awning. See Sec. 2025.1.1 1.1.
5 Sign, Construction. See Sec. 2025.1.27.3.
6 Sim Development. See Sec. 2025.1.27.2.
7 Sign, Flashing_ See Sec. 2025.1.8.3.
8 Si22, Frontage, as Related to Regulation. See Frontage, as Specially
9 Related to Sign Regulation.
10 Sign, Ground ( or Freestanding). See Sec. 2025.1.14.
11 Sign, Hanging. See Sec. 2025.1.11.2
12 Sign, Illuminated. See Sec. 2025.1.8.
13 Sign, Indirectlx Illuminated. See Sec. 2025.1.8.2.
14 Sign, InternalIX (or Direct) Illuminated. See Sec. 2025.1.8.1
15 Sian, Notice, Directional, and Warning. See Sec. 2025.1.26.
16 Sign, Offsite. See Sec. 2025.1.6.
17 Sign Onsite. See Sec. 2025.1.5.
18 Sign, Outdoor Advertising. See Sec. 2025.1.7.
19 Sign, Pennant or Streamer. See Sec. 2025.1.18.
20 Sign, Projecting. See Sec. 2025.1.1 I.
21 Sian, Real Estate. See Sec. 2025.1.27.1.
22 Sign, Roof. See Sec. 2025.1.12.
23 Sg2, Time and Temperature. See Sec. 2025.1.8.4.
24 Sign Vehicle. See Sec. 2025.1.15.
25 Sian, Wall or Flat. See Sec. 2025.1.10.
26 Sign, Window or Door. See Sec. 2025.1.13.
27 Sign Structure. See Sec. 2025.1.4.
28 Signs, Area of. See Sec. 2025.1.3.
36-20
I Si s Number of. See Sec. 2025.1.2.
19 2 Sororit . See Fraternity; Sorority; Student Center.
3 S ace Car. See Car Space.
4 Space, Livability. See Livability Space.
5 Space, Occupant Car. See Car Space, Occupant.
6 SMce, Open. See Open space.
7 Space, Recreation. See Recreation Space.
8 'SE!ace,, Total Car. See Car Space, Total.
9 Special Exception. A special exception is a special permit for a use
10 that would not be appropriate generally or without restriction throughout a
II zoning district but which if controlled as to number, area, location, or
12 relation to the neighborhood, would promote the public health, safety, or
13 welfare. Such uses may be permissible in a zoning district as a special
14 exception if specific provision for such special exception is made in this
15 zoning ordinance.
16 Special Permit. See Sec. 2300.
17 Special Permit, Class A. See Sec. 2301.1 and Art. 24.
18 S ecial Permit Class B. See Sec. 2301.2 and Art. 24.
19 Special Permit, Class C. See Sec. 2301.3 and Art. 25.
20 Special Permit, Class D. See Sec. 2301.4 and Art. 26.
21 Special Permit, Major Use. See Sec. 2801, Sec. 2301.5, and Art. 28.
22 Special Yard. See Yard, Special.
23 Specified Anatomical Areas. See Sec. 2037.2.
24 Sp2cified Sexual Activities. See Sec. 2037.2.
25 Structure. A structure 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.
w28 Student Center. See Fraternity; Sorority; Student Center.
36-21
I Substandard Lot. See Lot, Substandard.
2 Substantial Modification. (Of existing offstreet parking facilities
3 containing ten (10) or more spaces). See Sec. 2017.4.
4 Tertiary Walls. See Wails, Tertiary.
5 TertiarX Windows. See Windows, Tertiary.
6 Through Lot. See Lot, Through.
7 Total Car Space. See Car Space, Total.
8 Tourist Home, Guest Home. A tourist home, guest house, or guest home
9 is a building containing from three (3) or more lodging units primarily for
10 rental to transients, with or without board, as distinguished from a rooming or
I I lodging house, where occupancy is generally for longer periods. Where, under
12 this definition, a group of buildings contain a total of three (3) or more
13 lodging units in the context given, the lot shall be construed to be in tourist
14 or guest home use.
15 Transitional Regulations. Transitional regulations are controls estab-
16 lished at or adjoining district boundaries to mitigate potential frictions
17 between uses or characteristics of use. Such regulations, applying generally
18 to buildings and uses within the area described as transitional and thus in
19 effect creating sub -districts, may have the effect of altering primary district
20 regulations by increasing or decreasing requirements or limitations on uses,
21 yards, height, off-street parking, lighting, signs, buffering or screening, or
22 other matters.
23 Travel Trailer & Similar Temporary Dwellings or Lodgings. A travel or
24 camping trailer is a vehicular, portable structure built on a chassis, designed
25 to be used as a temporary dwelling for travel, recreational, or vacation
26 purposes, which: (1) is not more than eight (8) feet in body width; and (2) is
27 of any weight provided its body length, does not exceed thirty (30) feet or is
28 of any length provided its gross weight, factory equipped for the road, does
36-22
I not exceed forty-five hundred (4500) pounds. Notwithstanding these
00 2 limitations and for purposes of these regulations, pick-up campers, converted
3 trucks, converted buses, converted automobiles, tent or pop -out campers,
4 tents, or other short-term housing or shelter arrangements and devices shall
5 be considered to be included in the term travel trailer. Watercraft used for
6 housing purposes shall not be included in the term travel trailer. (See Vessel,
7 private pleasurecraft.) For purposes of these regulations, travel trailers as
8 defined herein are to be construed as a separate class of dwellings or
9
lodgings.
10
Uncovered Open Space. See Open Space, Uncovered.
I I
Use. Use (occupancy) as used in this zoning ordinance refers to the use
12
of land, structures, and/or premises.
13
Variance. See Sec. 3101.
14
Vessel. A vessel is any watercraft, power -driven or not, mobile or
S15
stationary, surface, subsurface or hydrofoil, including, but not limited to,
16
ships, boats, barges, houseboats, air boats, and seaplanes.
17
Vessel Commercial. A vessel built, altered, or used for the principal
18
purpose of engaging in water -related commercial activity, including, but not
19
limited to, charter boats, fishing boats, cruise ships, freighters, and barges.
20
Vessel Private Pleasure -Craft. Private pleasure -craft vessels (or
21
private pleasure -craft, as the term is abbreviated in these regulations in most
22
instances) are 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
25
are divided into two classes:
26
(a) Minor - Under sixteen (16) feet in length.
27
M Major - Sixteen (16) feet and over in length.
28
Private pleasure craft may or may not contain facilities qualifying them
36-23
I as dwelling or lodging units. Where they do contain such facilities, use within
2 the city limits shall be governed as provided in this zoning ordinance, and
3 other applicable regulations.
4 Visibility, Material Im diment 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, Min!. 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.
13 Windows, Secondary. See Sec. 2013.5.6.4.
14 Windows, Tertiary. See Sec. 2013.5.6.6.
15 Yard. See Sec. 2005.7.
16 Yard Front. See Sec. 2006.5.
17 Yard, Rear. See Sec. 2006.5.
18 Yard, Side. See Sec. 2006.5.
19 Yard, Special. See Sec. 2006.5.
20 Yard, Waterfront. See Sec. 2006.5.5.
36-24
ARTICLE 37. INTERPRETATION; CONFLICTS
Of 3701. Provisions of Zoning Ordinance Declared to be Minimum or Maximum
Requirements
3702. Rule Concerning Conflicts with other Regulations
a
lot
ARTICLE 37. INTERPRETATION,; CONFLICTS
10 SECTION 3701. PROVISIONS OF ZONING ORDINANCE DECLARED TO BE
MINIMUM OR MAXIMUM RMUIREMENTS.
I In their interpretation and application, 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.
S
SECTION 3702. RULE CONCERNING CONFLICTS WITH OTHER REGULA-
6 TIONS.
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,
7 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-
IS 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
3801.
Resort to Remedies
3802.
Saving Clause
3803.
Separability
3804.
Effective Date
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 to
4 prevent, abate, or remedy any violation of this Zoning Ordinance.
SECTION 3802. SAVING CLAUSE.
5 Any prosecution or other legal action arising from a violation of any
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
I 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
14 as if such prior zoning ordinance, code, or regulation had not been superseded.
SECTION 3803. SEPARABILITY.
15 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
09
2 Secretary of State of Florida as required by law.
CM
09
all
INDEX TO TEXT
OF PROPOSED ZONING ORDINANCE
This index to the text of the proposed zoning ordinance for the City of Miami is for the convenience of the user. It does not have the
effect of law. A final index will be prepared offer passage of the ordinance by the Commission.
In using this Index: (1) all 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 an Article.
(3) where a reference is to three or more digits, the reference is to a Sect on or subsection.
(4) it does not index the proposed Official Schedule of District Regulations.
Wile
Access, general requirements, 2002; prohibition of through residential
property to commercial activity, 2002.1.
Accessory use or structure, defined, 3602.
Accessory uses, certificates of use required for certain, 3403.7.
Accessory uses and structures, generally, 2003; dwelling or lodging
occupancy prohibited unless specifically permitted, 2003.1; accessory
buildings to be constructed concurrently with or after erection of
principal building, 2003.2; spacing requirements for accessory build-
ings, 2003.3; limits on location, 2003.4; home occupations as, 2003.5;
permanent active recreation facilities, 2003.6; convenience establish-
ments as acessory to residential or office uses, 2003.7.
Accessory uses and structures, in PD-H districts, 605.2; in PD-HC
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.
Administrator. See Zoning administrator.
Adult, defined, 2037.2 (a).
Adult entertainment or services, 2037; intent, 2037.1; definitions of:
adult, adult entertainment or service or service establishment,
specified anatomical areas, specified sexual activities, 2037.2; limits
on such establishments, 2037.3; discontinuance or abandonment,
2037.4.
Adult entertainment or service establishment, defined, 2037.2 (b).
Adult bookstore, defined, 2037.2 (b).
Adult escort service, defined, 2037.2 (b).
Adult massage parlor, defined, 2037.2 W.
Adult motion picture theater, defined, 2037.2. (b).
Adult private dancing, defined, 2037.2 (b).
Alleys, as boundaries of zoning districts, 315.1, 315.2.
Amendments, generally, 35; intent, 3501, initiation of applications,
3502; who may apply, 3502.1, consideration by boards, 3502.2, 3502.3;
amendments to be heard by Planning Advisory Board, 3503; amend-
ments to be heard by Zoning Board, 3504; duties of receiving officer
on application being filed, 3505; determination of board jurisdicition,
3505.1; other City code requirements, 3505.2; notice, 3506; referral
of applications to Planning Advisory Board of applications to be heard
by Zoning Board, 3507; hearing by boards rind reports, 3608, nature
and requirements of Zoning Board report to Commission, 3509; nature
of report of Planning Advisory Board to Commission, 3510; status of
report, 3511, Commission action on board reports, 3512; failure of
Commission to act, 3513, limitations on rezoning of property, 3514;
size limitations, 3514.1, limitations on further consideration offer
denial, 3514.2; consideration after change, 3514.3; waiver of time
limits, 3514.4; requirements concerning changes in applications after
processing begins, 3515; changes prior to notice of hearing, 3515.1;
changes subsequent to notice of hearing, prior to hearing, or at
hearing, 3515.2; changes during board or Commission consideration,
3515.3; procedure where substantial changes are proposed, 3515.4.
Annexation, effect of on zoning, 315.3.3.
Apartment. See Dwelling, multifamily, multiple, or apartment building.
Apartment hotel, defined, 3602.
Appeals, from decisions on special permits, 2311.
Appeals, from decisions of Zoning Hoard, 32; status of decisions, 3201;
request for review of decisions, 3202; procedures, 3203; Commission
powers on review, 3204; judicial review, 3205.
Appeals, generally, 30W; status of administrative decision, time limits,
filing of appeal, 3001; transmittal of notice and record, 3002; stay of
proceedings, 3003; hearing dates, notice, 3004; records, 3005; hearing,
Zoning Board powers, 3006; review of decision of Zoning Board, 3007,
32.
Application of regulations, generally, 2; to lands, water, structures,
uses, and occupancies, 200; to height and bulk of buildings, population
density, lot coverage, yards, open spaces, offstreet parking and
loading, signs, etc. 210.
Archeological features, preservation of, 2510.
Area, gross land, in PD4-I districts, 2012.1.
Area, residential floor. See Floor area, residential.
Area, residential land, 2012.2.
Area of a lot. See Lot, regular, net area; Lot, regular, gross area; Lot,
irregular, area of.
August recess, 2303.1, 3508.3.
Authority for passage of ordinance, 110.
Automobile wrecking or automobile wrecking yard, defined, 3602.
Automotive sales and services (auto sales parks), 902.
Automotive service station, defined, 3602.
Automotive service stations, as principal use, 2030; dimensional and
frontage requirements, 2030.1; limits on outdoor storage, display, or
activities, 2030.2; storage and display of products incidental to
normal refueling, 2030.2.11 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, 2030.3; required walls adjacent to r:eldential districts,
2030.4.
Aviation hazards, 2015.2.
Awnings, projection into required yards, 2008.3; signs, 2025.1.1 I.I.
-B-
Bank, drive-in. See Drive-in establishments.
Bar, cocktail lounge, tavern, or saloon, defined, 3602.
Boardinghouse, defined, 3602.
Boat houses and slips, 2024, 2024.1. See also Vessel, in various
categories..
Book store, adult. See Adult entertainment or services.
Boundaries of zoning districts. See Official Zoning Atlas.
Broadcasting towers, 2015.3.
Buildable area, defined and limitations on occupancy, 2005.9.
Building, defined, 3602. See also Structures.
Building line, defined, 3602.
Building permits, 3401, 3402; construction to accord with, 3404; status
of issued prior to adoption or amendment of ordinance, 3405;
occupancy 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 and
structures.
Buildings, combinations of uses in. See Combinations of uses In
buildings:
Bulletin board, generally, 2025.1.16, 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, 2006.10; signs, 2025.3.14.
N:r shelters, 2008,10; signs, 2025.3.14.
Buses, prohibition on parking in certain residential districts, 2020.3.
-C-
Canopies, projection into required yards, 2008.3; signs, 2025. 1.11. 1.
Car space, defined, 2012.7.1; occupant car space, defined, 2012.7.1.1;
total car space, defined, 2012.7.1.2; minimum requirements for,
2012.7.2.
Car wash, 2031.
Carport, defined, 3602.
Certificates of occupancy. See Certificotes of use.
Certificates of use, for new or altered structures and uses, 3403.1;
temporary certificates of use, 3403.2; annual for hone occupations,
3403.3; for nonconforming uses, 3403.4; action 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,
2136.3; outdoor play area, 2036.4; limits on location and hours of
outdoor play, 2036.5.
Change of occupancy or Lae, defined, 3602.
Churches. See Places of worship.
City Clerk, 325, 326, 327, 328, 329.
City Commission. See Commission.
City Limits (boundaries), as boundaries of zoning districts, 315.3.
City Manager, appointment of zoning administrator, 3401.1.
Class A special permit. See Special permit, Class A.
Class B special permit. See Special permit, Class B.
Class C special permit. See Special permit, Class C.
Class D special permit. See Special permit, Class D.
Clinic, medical or dental, defined, 3602.
Club night, defined, 3602.
Club, private, See Private clubs.
Cocktail lounge. See Bar.
Combinations of uses in buildings, 2000.1; calculations of requirements
to be cumulative, 2000.1.4.
Commercial zoning districts, 400.2.
Commission, amendments: applying for amendment, 3502.1; status of
board reports to, 3511; action on hoard 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 r-ansfer
of development rights, 2014.2 et. seq.; decorations for sieciai
occasions, 2025.3.3; responsibilities generally, 22, 2201; and major use
special permits, 2301.5, 28.
Commission, and appeals on special permits, 23111 review of decisions
of Zoning Board, 32.
Comprehensive plan, 120, 500, 601, 901, 1201, 1500, 2800, 3509, 3510.
Conditions and safequards, on planned development, 510.3.4.2, for
special permits generally, 2306; for variances, 3104.
Conforming lot. See Lot, conforming.
Coistruetion, actual. See 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
residential or office uses, 2003.7; sale of motor 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.
Covenots, and relation to zoning ordinance, 3702.
Coverage of a lot. See Lot coverage.
Covered open space. See Open space, covered.
-D-
Date 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 Law. See Low Department.
Department 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; recommendations on Class
D 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, 350&2; and changes in rezoning applications
after processing begins, 3515.
Director, Department of Planning, Class C special permit for: 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 focili-
ties for contiguous uses, 2017.9; offsite parking in transitional areas
of residential districts, 2018.2.2, 201&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; boathouses 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, 2510.
Distribution centers, 902.
Districts, zoning. See Zoning districts, Residential zoning districts,
Commercial zoning districts, industrial zoning districts.
Docks, 2024, 2024.1.3, 2024.1.4, 2024.10, 2024.1 I.
Drive-in establishments, 2031; conditions and safeguards in relation to
special permits, 2031.1; requirements for reservoir spaces, 2031.2.
Drive-in establishments and facilities, defined, 3602.
Drive-in restaurant. See Restaurant, drive-in.
Dwelling, detached, defined, 3602.
Dwelling, mobile home, defined, 3602.
Dwelling, multifamily, multiple, apartment building, defined, 3602.
Dwelling, one -family or single family, defined, 3602.
Dwelling, Semi-detached, defined, 3602.
Dwelling, two-family, defined, 3602.
Dwelling types, in PD-H districts, 605.1; in PD-MU districts, 1202.2.
Dwelling unit, defined, 3602.
Dwellings, attached, defined, 3602.
Dwellings, attached, in R-G and PD-H districts, 2010. See also 2011,
2012, and 2013.
-E-
Easements, as boundaries of zoning districts, 315.1, 315.2.
Effective date of ordinance, 3804.
Enforcement of ordinance, 34.
Escort service, adult. See Adult entertainment or services.
Expansion, of certain nonconforming uses found likely to continue
indefinitely, 2105.
-F-
Family, defined, 3602.
Fees and charges, 3412.
Fences, walls, or hedges, 2008.5.
Fire Department, 2013.6.2.
Flags, 2025.1.28, 2025.3.3, 2025.3.4.
Floor area, residential, defined and inclusions and exclusions, 2012.3.1;
maximum limitation, 2012.3.2.
Floor area ratio, in combinations of uses in buildings, 2000.1.1.
Fraternity, sorority, student center, defined, 3602.
Front yard. See Yard, front.
Frontage, as specifically related to sign regulation, 2025.1.2.
Frontage of a lot. See Lot, regular, frontage.
_G_
General and supplemental regulations, 20.
Gross area of a regular lot. See Lot, regular, gross area.
Gross land area. See Area, gross laid.
Group homes for the mentally retarded or handicapped, defined, 3602.
Guest home. See Tourist home.
Habitable rooms. See Rooms, habitable.
Handicapped. See Group homes for the mentally retarded or
capped.
Hearings, of boards on zoning amendments, 3508.
Hearings, special permits, generally, 2307. See also particular ci
as
for
Ing,
Impediment to visibility. See Material impediment to visibility.
industrial zoning districts, 400.3.
Inner court. See Court, inner.
Institution for the aged (home for the aged), defined, 3602.
Intent of ordinance, 120.
Interim zoning district. See Special public interest district, interim
zoning district..
06
Interior lot. See Lot, regular, types.
Interpretation of ordinance, 2200, 37; requirements are minimums or
maximums, 3701; rule concerning conflicts with other regulations,
3702.
Irregular lot. See Lot, irregular.
Junk yard, definded, 3602.
-J-
sm
Kindergarten. See Child care centers.
Kiosk, 2025.1.16.2, 2025.3.10.
Kitchen facilities, defined, 3602.
-L-
Land, defined, 3600.
Law 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, 2011; definitions and methods
of measurement, 2012; gross land area in PD-H districts, 2012.1;
residential land area, 2012.2; residential floor area, defined, 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
space, 2012.5.3; recreation space, defined and limitations on location,
2012.6.1; minimum 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-ti 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, offstreet. See Offstreet loading space.
Location of structures. See Structures, location of.
Lodges. See Private clubs of lodges.
Lodging house. See Rooming house.
Lodging unit, defined, 3602.
Lot, defined and prohibition against creating substandord, 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, 2007.71 diagram of, 2007.8.
Lot, nonconforming, defined, 2005.3.
Lot, regular, defined, 2005.5; measurement of width, 2006.1; net area,
2006.2.1; 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, 2006.5.1.3; side yards, 2006.5.2.; rear yards,
2006.5.3.; special yards, 2006.5.4; waterfront yards, 2006.5.5; diagram
of, 2007.&
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 current regu-
lations.
Lot area. See Lot, regular, and Lot, irregular.
Lot coverage, defined, 2005.10.
Lots, not to be created except in conformity with ordinance, 230.
Lots, not plotted in record with current regulations, 2005.11.
-M-
Mai l boxes, 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 nap, 2011.1.1; decision by
local officials, 2011.1.2.
Maps. See Official Zoning Atlas.
Massage parlor, adult. 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 LUI 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 urea.
Newspaper boxes, 2008.10.
Night club. See Club, night.
Nonconforming characteristics of use, 2107; 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, 2026.100 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-
tinuance, 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.
Nonconformities, 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, 2111.
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, defined, 1602.
in
Obstructions to vision at intersections. See Vision clearance at
intersections.
Occupancy or use, defined, 3602.
Occupant carspace. See Car space, occupant.
Office parks, 902.
Office use, defined, 3602.
Official Schedule of District Regulations, 3; adopted, 320; authen-
tication and attestation of 325.1.2; 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, 310; rules
where district designation or land use intensity not indicated, 311;
correction of, 311; rules for interpretation as to boundaries, 315;
Zoning Board action in interpretation of, 315.8; special exception for
divided lots or parcels, 316; authentication and attestation of,
325.1.1; location of, 325.2; amendment of, 326; unauthroi::ed 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.
Offstreet 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.
Offstreet 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, 2023.1.
Offstreet loading space, defined, 2023.1.
Offstreet loading stall or berth, defined, 2023.1.
Offstreet parking, calculations related to number of seats for com-
binations of uses in buildings, 2017.11.
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 strvctvre 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
autos, 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 iMcomc 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, 2017.10; limitations on use of parking and loading
areas, 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=
quirement for, 2012.4.2.
Open space, in combinations of uses in buildings, 2000. U.
Open 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, PD4-i,
and other districts, 2013; intent and application of requirements,
2013.1; yards and courts need not be at 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,
2013.5.1; measurement of wall length, 2013.5.2; measurement of
number of stories, 2013.5.3; measurement of yard and other open
space depth, 2013.5.4; yard overlap, 2013.5.5; habitable rooms,
defined, 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;
secondary walls, defined, 2013.5.6.5; tertiary windows, defined,
2013.5.6.6; tertiary walls, defined, 2013.5.6.7; formulas for spacing
determinations, 2013.5.7; added space requirements, 2013.5.8; special
requirements for courts, 2013.6; Inner court, defined, 2013.6.1.1;
outer 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-
Parcel, defined, 3600.
Parking, oflsite. See Offsite 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; minimum 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, 60S.1, 1202.2; use of canopies and awnings in
required yards, 2006.3.2.
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 reports, 510.2.4; staging proposals, 510.2.5; maintenance of
common facilities, 510.2.6; covenants, 510.2.7; Department of Plann-
ing review, 510.3.2; Zoning Board actions, 510.3.3; City Commission
actions, 510.3.4; effect of City Commission action, 510.3.4.3;
Department of Planning actions following rezoning, 515; approval of
final plans, 515.1; changes in final plans, 515.2; expiration of time
limits and 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 related 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, 1202.21 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 PD41C districts,
902.
Planning Advisory Board, and SPi districts, 1504; functions generally,
2202; and interim zoning districts, 19,03; 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 of ter processing begins, 351S.
Planning Department. See Director of the Department of Planning.
Plot, defined, 3600.
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 snaps 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.
W
E
0
Rear yard. See Yard, rear.
Records, of building permits, certificates of use, and other official
actions 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
accessory 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, 3602.
Residential floor area. See Floor area, residential.
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.
-5-
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 centers. 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, awning, 2025.1.11.1, 2026.1.
Sign, banner, 2025.1.17.
Sign, bulletin board, generally, 2025.1.16, 2025.3.10. See also Bulletin
board.
Sign, canopy, marquee, or awning, 2025. 1.11. 1.
Sign, change of copy on, 2025.3.21.
Sign, construction, 2025.1.27.3, 2025.3.80 2026.5.1.
Sign, decrepit or dilapidated, 2026.10.2.
Sign, defined, 2025.1.1.
Sign, development, 2025.1.27.2, 2025.3.8, 2026.5.1.
Sign, directional, 2025.1.26, 2025.3.5.
Sign, flogs, 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, 2025.3.5.
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, 2025.1.9.1, 2026.6.
Sign, roof, 2025.1.12, new prohibited, 2026.2.
Sign Structure, 2025.1.4.
Sign, temporary campaign, 2025.3.11.
Sign, time and temperature, 2025.1.8.4.
Sign, unsafe, 2026.10.1.
Sign vehicle, 2025.1.15, 2025.3.6, 2026.7.
Sign, wall or flat, 2025.1.10, 2026.4.
Sign, warning, 2025.1.26, 2025.3.5.
Sign, window or door, 2025.1.13.
Signs, area of, 2025.1.3, 2026.15.1.
Signs, erection of unauthorized signs prohibited, 250.
Signs, generally, 2025; definitions: sign, 2025.1.1; number of, 2025.1.2;
frontage for, 2025.1.2; area of, 2025.1.3; exclusion of traffic
markings, 2025.1.3.1; sign structure, 2025.1.4; onsite, 2025.1.5;
offsite, 202.5.1.6; 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, 2025.1.8.4; animated, 2025.1.9; revolving or
whirling, 2025.1.9.1; wall or flat, 2025.1.10; projecting, 2025.1.11;
canopy, marquee, or awning, 2025.1.11.1; hanging, 2025.1.11.2; roof,
2025.1.12; window or door, 2025.1.13; ground of freestanding,
2025.1.14; 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; flogs, 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, and house flags, 2025.3.4; address, notice, direc-
tionol, 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, 2025.3.10;
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 aped 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, 2024.11; 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 mi,iconforming uses found likely to continue indefinitely,
2105; Zoning Board powers, generally, 2203. Note- other special
exceptions will be 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, 2301.4, 26.
Special permit, major uses, 2301.5, 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, 23051 conditions and safeguards, 2306; notice and
hearing, generally, recommendations, records, 2307; actions following
decisions, 2308; apply to property, not person, 2309; withdrawal of
applications for 2310; appeals from decisions on 2311; 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 A, generally: intent, administered by zoning
administrator, referrals, 2301.1; regulations applying, 2400; no formal
notice or hearing, 2401,1; notifications concerning intended decisions,
tirne 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, 2503.1;
applicant request for anference, time limits, 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 permit, Class A, for bus shelters and benches, etc., in required
yards, 2008.10; for certain development signs, 2025.1.27.2; Zoning
Board review of zoning'administrotors decision, 2203. Note: other
Class A special permits will be found on the Official3Tdule 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 oction 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 modification of yard and lot coverage requirements for
nonconforming lots, 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 Schedu a of
District Regulations.
Special permit, Class D, for deferral of portions of required offstreet
parking, 2017.8, for movement of nonconforming structure, 2106.3;
Zoning Board powers, generally, 2203. Note: other Class D special
permits will be found in the Official Sche Rue of District Regulations.
Special permits, major use intent, generally: determinations by
Commission, referrals, 2301.5; detailed requirements, 28; •intent,
2800; definition, 2801; procedures, 2802; pre -application conference,
2802.1; preliminary application, review and recommendation, Com-
mission action, content, 2802.2; final application, general report,
concept plan, Impact study, 2802.3; final application, referrals,
2802.4; final application, recommendations, 2802.5; hearing by Plann-
ing Advisory Board, 2802.6; hearing by Commission, 2802.7; Commis-
sion disposition, 2603; effect of Commission approval, 2804; construc-
tion permits, 2805; 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 (c).
Specified sexual activities, defined, 2037.2 (d).
Staging, of planned development, 510.2.5.
Standards, for special permits generally, 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.B.
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. Sec 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-
Tablets, 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; relatiorship 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.
-U-
A
Uncovered open space. See Open space.
Unplatted 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; temporary
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; nonconformities 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, time limits, 3104; time
limits on refiling after denial, 3105; review of Zoning Board decisions,
3106; status of Zoning Board decision, 3201.
Variance, 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,
Violations, 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.
lWil
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, 2025.3.15.
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 to 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
projections from buildings, 2008.1; porches and entries in front and
other yards, 2009.2.1, 2008.2.2; projections into of canopies and
awnings, 2008.3; signs over required yards, 2008,4; fences, walls, and
hedges in, 2008.5; offstreet parking in, 2008.8; vision clearance of
intersections, 2008.9; bus passenger shelters and benches, telephone
booths, ma;l oid newspaper boxes, 2008.10.
Yards, in combination of uses in buildings, 2000.1.2.
-Z-
7_oning administrator, 31 I, 315.8, 2001.19 2200.
Zoning administrator, and Class B special permit 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; 2022.4; 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 terms of ordinance, 3102.
Zoning administrator, and Class A special permits, 2301.11 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 requirements, procedures,
limits, actions on building permits, 3402; plans to be submitted,
3402. I; processing applications, issurance or denial of building permit,
3402.2; zoning requirements, procedures, limits, actions an 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 for 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 or certificates of use issued
prior to adoption or amendment of ordinance, 3405; const-uction 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, 3411; 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, 3508.1; 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 of ter 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, 20f8.4.1; 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 zordng
administrator's decisions, 22001 functions generally, 2203.
Zoning districts, listed, 400; classified residential, 401.1; classified
commercial, 401.2; classified industrial, 401.3; other districts, 401.4.
4
A
TECHNICAL
COMMENTARY
ON THE
PROPOSED
ZONING
ORDINANCE
City of Miami, Florida
May 75 1981
TABLE OF CONTENTS
• (References given here are to Article numbers only. For a breakdown of sections in
each Article, reference should-Si—madeto the detailed Table of Contents found at
the front of the copies of the Proposed Zoning Text).
Article
I.
Introduction
I
Article
2.
Application of Regulations
I
Article
3.
Official Zoning Atlas; Official Schedule of District
Regulations
2
Article
4.
Zoning Districts
5
Article
5.
Planned Development (PD) Districts, Generally
6
Article
6.
PD-H: Planned Development -Housing District
11
Article
7.
Reserved
Article
8.
Reserved
Article
9.
PD-HC: Planned Development -Highway Commercial
Districts
17
w Article
10.
Reserved
Article
11.
Reserved
Article
12.
PD-MU: Planned Development -Mixed Use Districts
18
Article
13.
Reserved
Article
14.
Reserved
Article
15.
SPI: Special Public Interest Districts
20
Article
16.
Reserved
Article
17.
Reserved
Article
18.
Reserved
Article
19.
Special Public Interest District --Interim Zoning District
25
Article
20.
General and Supplementary Regulations
26
Article
21.
Nonconformities
76
Article
22.
Functions and Responsibilities of Commission, Officers,
86
and Boards in Relation to Zoning Generally
Article
23.
Special Permits, Generally
88
Article
24.
Class A and Class B Special Permits: Detailed
Requirements
94
Article
25.
Class C Special Permits: Detailed Requirements
96
Article
26.
Class D Special Permits and Special Exceptions:
Detailed Requirements
98
Article
27.
Reserved.
Article 28. Major Use Special Permits: Detailed Requirements 100
Article 29. Reserved
Article 30. Appeals from Decision of Zoning Administrator and
Director of Department of Planning 104
Article 31. Appeals for Variance from Terms of Ordinance 106
Article 32. Status of Decisions of Zoning Boards; Review by
City Commission; Commision Powers; Judicial
Review 107
Article 33. Reserved
Article 34. Administration, Enforcement, Violations, and
Penalties 107
Article 35. Amendments III
Article
36.
Definitions
114
Article
37.
Interpretation, Conflicts
126
Article 38. Resort to Remedies; Saving Clause; Separability;
Effective Date 126
PREFACr-
This report is written to explain the provisions of the textual portion of the
proposed new City of Miami zoning ordinance. It is, as the title indicates,
designed for those persons and groups whose interest in the proposed new ordinance
must extend in some degree to the technical understanding of it. It is not a public
relations document, nor is it in any sense a "popular" explanation of the materials
of the proposed new ordinance.
The report is designed to be read with a copy in hand of the Proposed Zoning
Text, dated 7 May, 1981. The Proposed Zoning Text includes at the end of that
document an extensive index giving references to section numbers. The index will
provide subject entries into this Technical Commentary as well, since this
commentary is also organized on the basis of Article and Section numbers used in
the Proposed Zoning Text.
Before attempting any extensive study of the proposed new ordinance and this
technical commentary, the reader should examine carefully the "introduction" to
the Pro osed Zoning Text. That introduction outlines, albeit too briefly, the major
recommendations of the City's zoning consultants that are incorporated into the
proposed new ordinance. Readers desiring additional backgrouni should consult the
consultants' report and critique of the present zoning ordinance. This 1976 report,
which contains an extensive index, should be considered a source book for any
person desiring to immerse himself thoroughly in this important City issue.
The reader of this commentary will note that there are references to other
materials. References to the consultants' 1976 critique are by page numbers, with
the abbreviation of the source as "BBR" (Bair -Bartley Report). References to the
resent zoning ordinance, which is abbreviated as "PO" (present ordinance), are to
Article and section numbers of that ordinance.
The Proposed Zoning Text is the result of: (1) a consultants' draft which was
workshoppe over a period of some months with the Planning Advisory Board, the
Zoning Board, affected City employees, and the consultants (2) intensive review
and comment by Miami's citizens and residents in a series of seven public meetings
held by the Planning Advisory Board in different neighborhoods (3) comprehensive
review and comment by three committees - Architects, Landscape Architects,
Engineers and Planners; Consumers and Users; Developers, Lawyers and Investors,
and (4) Public hearings held by the Planning Advisory Board on September 3 and 24,
1980 followed by a lengthy series of public "mark up" sessions. The Proposed
ZoningText--and the proposed schedule of district regulations and the zoning atlas-
-wi , of course, be submitted to public hearings for additional citizen input and
consideration by the Miami City Commission prior to final adoption.
IA modern zoning ordinance consists of three parts: (I) a text which contains
general regulations, provisions for administrative procedures, definitions and the
like; (2) a schedule of district regulations which sets out the regulations for the
various zoning classifications that are established; and (3) the official zoning atlas
or map, which delineates the district boundaries, district zoning classifications, and
Land Use Intensity Sector numbers. This technical commentary deals with the first
of these elements.
2Ernest R. Bartley and Federick H. Bair, Jr., An Anal sis and Evaluation of
the Comprehensive Zoning Ordinance of the City o iami= on a- of y, 797Z;
pp.i-xxvii, 534, with appended charts.
This technical commentary is based upon the Proposed Zoning Text as
published. The City Commission retains the authority to make further changes in
the Text (and the schedule of district regulations and the maps that comprise the
zoning atlas) before final adoption. Obviously, however, this technical commentary
must be written at a discreet point in time and cannot take account of later
changes that may be made.
The reader is cautioned that this technical commentary is "hard" reading.
There is no way in a modern complex society that matters as complicated as the
control of land use can be made simple.
Further, the proposed new zoning ordinance utilizes a number of recently
developed techniques with which many persons are not familiar. The consultants
believe firmly that utilization of these new ideas will eventually result in a greatly
simplified administration with far more meaningful controls. Yet the fact that
there are new ideas automatically raises questions (if not opposition) simply
because they are not immediately understood, or because individuals involved do
not want to take the time to familiarize themselves with the new ideas. Thus, this
technical commentary assumes considerable importance in broadening the base of
understanding of the new ordinance.
NOTE!
From time to time, the materials that may be added to the proposed
ordinance will be reproduced and distributed. Where the materials deal with
matters that are a part of the proposed ordinance at this date, the reproduction
will be in the form of substitute pages. Where the material is entirely new, it will
_appear, re ardless of section number, at the end of the ordinance. Upon later
editing, this type at material will, of course, be incorporated into the ordinance in
its proper location. In each instance, this new material will be given its correct
section number at the time it is added, even though it will not be correctly placed
page -wise in the proposed ordinance. This arrangement is necessary for ease in the
handling of additions that may be made.
The same arrangement, so far as new material is concerned, will be made
with the technical commentary. As new sections are added, the technical
commentary will be added at the end of this document, with the section numbers of
the new material being the same for the technical commentary.
ARTICLE 1. INTRODUCTION.
a
Section 101.
It is necessary to repeal the existing zoning ordinance. The language is
standard and similar to PO, XXXVI.
Section I10.
Better practice requires citation of the source of legal authority in the
ordinance itself, though some argue for placement of this type of language in the
preamble to the ordinance. The PO has the statement of authority in its preamble.
Section 120.
While much of the language of this Section is found in the PO, I, the language
of Section 120 recognizes: (1) the Florida Local Government Comprehensive
Planning Act of 1975 and its legal requirements, (2) the fact that Miami is in a
redevelopment context, and (3) the necessity for cooperation between government
and the private sector.
Section 130.
No comment necessary.
ARTICLE 2. APPLICATION OF REGULATIONS.
The consultant in BBR, 16-17, recommended an expanded version of PO, IV-2.
The materials of proposed Article 2 track the language originally recommended by
the consultants.
Section 200.
The language is standard.
Section 210.
One might argue that the language of this proposed Section is found in the PO
by necessary implication. It is preferable to spell out this sort of material.
Section 220.
This language is not found in the PO, except by implication, with one
exception. Off-street parking language to this effect is found in the PO, XXIII-I
(4). The prohibition found in the proposed language should be made clear.
Section 230.
The PO is quite deficient in its treatment of different types of lots and the
language of proposed Section 230 is not found in the PO.
For materials dealing with lots generally, see in the proposed ordinance and
this commentary, Sections 2005 and 2006. For future creation of "irregular lots",
see Section 2007.6. For effect of reduction in lot area by public action, see
Sections 2005.3 and 2102.2.2.
Section 240.
Again, this proposed language exists in the PO only by implication.
Section 250.
For regulations generally on signs, see this proposed ordinance, Section 2025.
For specific limitations and requirements see Section 2026. The schedule of
district regulations also contains regulations applicable to specific zoning classifi-
cations.
ARTICLE 3. OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE OF DISTRICT
PO provisions on the maintenance of the zoning atlas are deficient. This
Article of the proposed ordinance attempts to remedy that deficiency. In addition,
a schedule of district regulations is not utilized in the PO; regulations applicable to
specific districts are found as a part of the text of the PO.
Section 300.
The City of Miami has been fortunate down through the years that legal
questions have not been raised about procedures and status of the zoning atlas.
Section 300 of the proposed ordinance requires one Official Zoning Atlas. There
will, of course, be numerous unofficial copies for working purposes. For PO
provisions, see III-2.
Section 300.1.
A major recommendation of the consultants was that the Land Use Intensity
System (LUI) be adopted by the City as a basis for regulating residential uses other
than single family. (See, generally, proposed ordinance Sections 201 1-2013).
The language of Section 300.1 contemplates that the land use intensity
sectors will be designated on the Official Zoning Atlas. Each sector number will
carry with it an intensity rating from which the various controls on floor area, open
space, and the like will be derived. All that the language of Section 300.1 does is
to make certain that the Land Use Intensity Sectors are a legal part of the Official
Zoning Atlas, thus giving lawful status to them.
Section 300.2.
One of the several major recommendations of the consultants was that the
City should utilize what is known as the Special Public Interest District (SPI)
approach in some aspects of its land use controls. (See proposed ordinance and this
commentary, Article 15, for substantive materials and discussion.) Section 300.2
simply insures that if use is made of the SPI technique, it will be properly a part of
the Official Zoning Atlas.
-2-
Section 300.3-6.
Reserved.
Section 300.7.
Insets to the maps comprising the Official Zoning Atlas may be necessary.
The language should be included, even though at the moment there is a feeling that
the phraseology will not be necessary.
Section 300.8.
This is standard, and modern, language. It is designed to make certain that
the City Commission has the authority to make materials a part of the Official
Zoning Atlas.
Sections 301-309.
Reserved.
Section 310.
This proposed language is only implied in the PO. It should be stated.
Section 311.
Hopefully, the City will not have occasion to use the language proposed in
to Section 311. Nevertheless, in a complex undertaking of this kind, mistakes may
happen. Land may somehow not be designated on a map. This language tells how
to proceed. There is no parallel language in the PO.
Sections 312-314.
Reserved.
Section 315.
In the consultants' association with Miami, they have seen at least a couple of
instances where the failure to have clear rules for interpretation of district
boundary lines has raised some annoying, though not gravely serious, questions.
There must be rules, rules stated as clearly as possible for the purpose of guiding
those who must make interpretations. While some of the contingencies covered by
the proposed language of this Section may appear unlikely, each matter covered has
arisen in one jurisdiction or another where the consultants have worked.
Most of the rules set out in the proposed Section require little or no
comment.
The language of Section 315.3.3, concerning annexation of property to the
City, is not completely satisfactory. Indeed, the consultants have never found
completely satisfactory provisions on this annexation matter. For example, saying
that the annexed property retains its previous zoning designation under the County
or other municipal code that might be involved (until Miami might act to change
such classification) raises serious questions about the power of Miami to enforce
what would be, in effect, another jurisdiction's zoning authority. Each proposal on
-3-
the point has its drawbacks. The consultants have found the above language to be
about as good as any. PO, III-3, certainly has problems. It might be wise to add the
following sentence to the proposed language of Section 315.3: "Procedures for
annexation and rezoning of property to be annexed may proceed simultaneously".
Any good attorney will be able to find problems with this language too!
In any event, it appears unlikely the City will be annexing property --or at
least the consultants are so informed!
Section 315.4 $ 5 are necessary in a water oriented city. There are very real
problems in property ownership determination in some cases where there are water
located property boundaries. The problems spill over when zoning maps are drawn.
The consultants do not recommend going beyond the generalities of the proposed
language. Hopefully, the drawing of zoning districts can be accomplished without
too much resort to boundaries based on water locations.
So for as Section 315.8 is concerned, PO, III-6.2, is unclear as to what board is
involved. The range of possibilities in the PO is more limited than in the proposed
language of Section 315.8.
Section 316.
In relatively rare circumstances, this provision can provide a measure of
transitional flexibility at the boundary of a zoning district. Since special
exceptions can be granted with conditions and safeguards, adequate protection to
adjacent or adjoining properties is afforded. Some sort of distance requirement is
needed. The fifty foot figure is common where this sort of provision is used. The
PO contains no provision of this type.
Sections 317-319.
Reserved.
Section 320.
As mentioned above, the PO does not utilize a schedule of district
regulations; regulations relating to specific districts are a part of the text of the
PO.
The format of the schedule of district regulations consists of a series of
columns, into which are fitted the appropriate restrictions for each of the districts.
The bulk of the ordinance is thus greatly reduced. The consultants, for example,
reduced about 60 pages of the PO onto five larger sheets when analyzing the PO.
(The sheets are contained as an appendix to the 1976 BBR analysis and critique).
The average or occasional user of a zoning ordinance finds the schedule format
much more comprehensible, since he usually is interested only in the immediate
answer to "What can I do with my property"?
Proposed Section 320 provides for an Official Schedule of District Regula-
t ions.
Section 321-324.
Reserved.
-4-
% Section 325.
This proposed language provides the method of attestation for the Official
Zoning Atlas and the Official Schedule of District Regulations. The one Official
Zoning Atlas and the one Official Schedule of Regulations are to be located in the
office of the City ClerTc,-who is by low the custodian of all the official records of
the City.
Section 326.
Persons interested should be able to know at all times the precise status of
amendments to the Official Zoning Atlas or the Official Schedule of District
Regulations. The language of proposed Section 326 represents a considerable
change from the consultants' original draft. It developed that the City for a
number of years had delayed posting changes in the atlas for considerable periods
of time (sometimes as long as a year), even though the amendment was legally
operative. City personnel concerned with the process were not in favor of
lightening the procedure on the matter of posting, and the language now found in
this Section represents a compromise.
There is no language in the PO on the subject.
Section 327.
This Section provides for the one Official Zoning Atlas and the one Official
Schedule of District Regulations. There is no PO provision on the topic.
1% Section 328.
While the consultants have been told that this requirement is being followed
at the present time, there is no PO provision on it. Older materials are sometimes
required in litigation, even though such materials are no longer legally in effect.
Section 329.
Maps and sheets of the schedule sometimes begin to be a bit messy or even
incomprehensible due to amendments. A method must be provided for authorizing
"clean sheets". Because the formal amending process requires a lengthy procedure
(See proposed Article 35), the method under Section 329 of getting new sheets
where there is no substantive change involved is by simple Commission resolution.
There is no similar provision in the PO.
ARTICLE 4 ZONING DISTRICTS.
Section 400.
A listing of zoning districts is required and it appears at this point in the
ordinance.
Section 401.
This type of material is not found in the
makes possible a sort of "shorthand" for use in
points in the ordinance where one wishes a
-5-
PO. The language of this Section
general regulations. There will be
general regulation to apply to all
"residential", or all "commercial", or all "industrial" classifications. Use of this
Section means that in those instances there need be no listings of the specific
districts involved at that point.
Not all districts will be in one of the three categories. A "governmental use"
district, for example, would not be listed in any of the three main groupings.
Section 401.4 simply provides that in setting out in a regulation generally
applicable to all residential districts the phrase "all residential districts, except the
district" can be used to take care of some desired exception. The same
approach hold true for the commercial and industrial breakdowns.
ARTICLE 5. PLANNED DEVELOPMENT (PD) DISTRICT
The concept of planned development, or planned unit development as it is
sometimes called, is one of the modern planning tools. Though not unkown prior to
World War II, it certainly has come to the fore in the past twenty years or so.
It is based on the idea that the older lot -by -lot developmental approach does
not really result in the "best" development --for the inhabitants of the development
or for the city. The planned developrrient technique makes much better use of
available land, can result in substantial savings in installation of utilities, may
make possible some increases in densities of uses without adverse effects on
adjacent and adjoining properties, results in a coordinated development related to
the existing environment in which it is placed, and usually results in esthetically
more satisfactory development.
Planned development is most commonly associated, at least in the popular
mind, with residential development. The fact of the matter is, of course, that
planned development techniques are applicable to other types of development as
well. Proposed Article 5 is a general article, covering all types of planned
development. Article 5 sets out --the- procedures and stan�lc ards that will be
applicable to developments of whatsoever type. Succeeding articles that are
proposed deal with specific types of development; Article 6, for example, deals
with residential planned development.
A word must be said about "planned development" in the PO. The consultants
in BBR were quite critical of the present way in which planned development is
utilized. The PO does not represent a coordinated approach to planned
development but, rather, a not very satisfactory utilization of bits and pieces of
ideas. Further, the PO appears to demonstrate confusion between planned
development techniques and the special public interest district technique.
PO language on the point is generally found at XXI-I. The reader may wish
to compare the PO materials with the language of this proposed Article 5 and the
subsequent proposed articles dealing with particular types of development.
Section 500.
The language of the proposed statement of intent on planned development is
pretty much standard. Notice that it applies to all types of planned development
-6-
that may be a part of a new ordinance as passed or which may be added by future
amendment.
Section 501.
The definition in the PO, XXI-1-2, was characterized by the consultants in
BBR (126) as having "suffered in translation". The definition of this proposed
Section is the standard one, applicable to all types of planned development.
Section 502.
Standards are important, indeed legally essential. The PO has st-andards (see
XXI-1-4 (1) but they are much more complex than necessary.
At this point, it is necessary to note that the PO uses the conditional use (the
term in the proposed ordinance is "special exception" for reasons to be discussed in
connection with Article 26 of the proposed ordinance) as the procedural instrument
for planned development. As noted in this proposed Section, the new ordinance will
use the process of amendment as the procedural technique for control.
The standards of Sections 502.1-502.4 are those generally in use for planned
development.
Section 502.1 states an obvious purpose: don't clutter up existing develop-
ment by so locating a larger scale planned development that it must use existing
residential streets or streets that cannot carry the new traffic.
Government is interested in the increased public costs resulting from
development. Section 502.2 and 502.3 are concerned with this problem. The
provisions have worked well in other jurisdictions. The language also brings out
into the open "deals" which in some cases are made without full public scrutiny —
even with Florida's so-called "Sunshine law".
Section 502.4 contains a number of important provisions. Obviously, the
physical character of the site should be satisfactory for the development proposed.
Note the emphasis on "unified planning and development". There is no reason why
every street must be a public street; the important thing is to be certain that the
streets will meet the needs of the development and that where streets are private
streets there is adequate assurance of future maintenance.
For various types of developments, there will be regulations for minimum
parcel size. On occasion, it may make good sense to permit development on a
parcel of lesser size, and the ordinance, as this proposal does, should make
provision for that contingency. On the other hand, there may be specific situations
where the parcel is so located that, even though it meets the ordinance minimum,
the development should be required to be of greater size. Again there is provision
for this occasional situation.
Section 503.
This Section is so very important in any concept of planned development. The
PO does not really include this sort of language, except on floor area ratio (XXI-1-4
(3)).
One great advantage of planned development lies in the flexibility of the
-7-
mechanism. Further, planned development partakes of many of the traditional
elements of land use control --zoning, subdivision regulation, and the like. The
language of this Section says that the regulations that would traditionally be
applied to the parcel in question may be altered for a planned development. The
flexibility is not� however, license. -exercise of the power fo alter regulations that
would otherwise apply is within the context of standards like those set out in
proposed Section 502 and standards set for particular types of development in later
Articles.
Sections 504-509.
Reserved.
Section 510.
This rather lengthy Section sets out the procedures to be used in zoning
property for planned development purposes. The material should be read carefully,
for the proposed zoning ordinance requires rezoning (i.e., amendment) rather than,
at present, conditional use procedure. Technically, this Section represents "new"
material, though some references will be made in this discussion to PO provisions.
Section 510.1 r_e_g_uiir_esa pre -application conference. At present, such a
conference is optional. (PO, XXI-1-5 (I).) Where a pre -application conference is
optional, it sometimes happens that an applicant will go to greater expense in the
preparation of plans, only to find them unsatisfactory; a pre -application conference
avoids this sort of problem.
Section 510.2, and its subsections, sets out the generalized requirements of
materials to be submitted for all planned developments. The reader will note that
the proposed language is more specific in some instances than the PO (c.f., XXI-1-5
(2) (a) with proposed Section 510.2.1) and less specific in other instances (c.f., XXI-
1-5 (2) (d) with proposed Section 510.2.5). The purpose of the proposed language is
to accord flexibility where flexibility may be most necessary to accomplish the
intent of planned development. One must remember, also, that the so-called
Planned Area Development (PAD) provisions of the PO are concerned almost
exclusively with residential planned development, whereas Article 5 of the
proposed ordinance is general and concerned with all types of planned development.
Section 510.2 emphasizes what is called a "preliminary development concept
plan", rather than a "site plan", a term used in the PO (XXI-1-5 (2) (a) ). (Note
Section 510.2.3. on the preliminary development concept plan). The verbiage in the
proposal is deliberate. Just requiring a site plan is not enough. There must be a
demonstration as to how the proposed development will work both internally and
externally. Note, too, in this proposed material the items that are not "site plan"
in concept. Thus, note Section 510.2.6, a most important requirement. Those
facilities to be used in common by future residents of the planned development
must not be allowed to become a future charge on the public. It is at his point that
public officials can begin to examine proposals to accomplish this assurance.
Larger developments will usually have to be staged. Section 510.2.5 requires
preliminary information on any staging that may appear necessary.
Overall, then, Section 510.2 sets out the procedures and materials that are
required for rezoning of land to planned development status, procedures and
materials that are additional to those required under Article 35 for "normal"
amendment of the zoning ordinance.
Section 510.3 does several very important things. The bulk of the language
deals, of course, with procedure following the receipt of the application for planned
development rezoning.
The role of the Department of Planning, Section 510.3.2, is critical. Depart-
mental review of the application, by the terms of this Section, requires careful
analysis of all aspects of the proposed planned development. The applicant must,
however, be protected in this departmental review process, and it is for that reason
that the departmental -applicant conference(s) may be called. The requirement
that recommendations for change in'the development proposal as submitted be in
writing is necessary for the protection of both applicant and the Department of
Planning.
The Zoning Board of the City is charged with the responsibility of making
recommendations to the City Commission on the rezoning of properties under
proposed Article 35 and the P0. That function is given to the Zoning Board by
proposed Section 510.3.3, since planned development in this proposed ordinance is
to be placed in a rezoning context, rather than conditional use as under the existing
ordinance.
The City Commission's procedural position for planned developments is as for
amendments generally. (Section 510.3.4.) Bui the Commission (with the advice of
the Department of Planning and the Zoning Board) has special responsibilities in
nailing down any departures in the planned development from general regulations
(Section 510.3.4.0 and in determining any staging requirements that may be
necessary (Section 510.3.4.2).
Do not overlook the extremely ime2rtant provisions of Section 510.3.4.3.
Several times, it has been stated that panned development in the proposed
ordinance is treated procedurally as amendment. The phraseology of 510.3.4.3 is
critical. Since so called "conditional rezoning" is not permitted under Florida court
decisions, it is necessary that the various matters mentioned be incorporated as the
regulations for the particular planned development district. These regulations do
not, however, become a part of the total ordinance so for as printing them as a p2rt
of the general ordinance is concerned. The regulations for the particular planned
eve opment are incorporated y're erence", a perfectly proper legal mechanism.
An illustration may help to understand the way in which Section 510.3.4.3
works. There might be two residential planned developments approved by the
Commission and the rezoning accomplished. Both developments might have
identical residential densities, but, because of location, conformation of the
properties or other valid reason, different regulations on access, provision for
maintenance of commonly used facilities, and the like, will have been provided.
Under traditional zoning classifications, it would not be possible to rezone for the
residential purposes for the two developments and then place different restrictions
on them for access. Since, in this illustration, the two are planned developments,
they legally are separate zoning districts, with the regulations that have been
adopted for each applying to the particular developments.
Sections 511-514.
to Reserved.
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Section 515.
In planned development if every little detail of final development has to be
available at the time of actual rezoning, the up -front cost to a prospective
developer would be so great that few, if any, would undertake such a project. He
would have to expend large sums of money in the planning process, with no
assurance at all that his rezoning application would be approved. For that reason,
the process of rezoning approves a concept and sets the general regulations for
particular district which (as pointed out above) are adopted by reference.
The Department of Planning has a critical role to play in what happens after
the rezoning is approved. It is the purpose of this proposed Section to set the
parameters for this role. Note 515.2, for some flexibiIityis often absolutely essen-
tial. A method for treating the two types of possible changes is set out.
Section 516.
This Section covers two types of possible problems that can arise in
connection with planned development. Because no planned development should be
approved without time limitations being stated, tTiere must be a device available
for extending those time limitations where a developer has been unable to meet
them for reasons not under his control. A recession, for example, could be the type
of situation where a particular date could not be met because of economic
considerations.
The other major type of problem sometimes seen is where an approved deve-
lopment simply never gets started. Under this circumstance, the policy decision
may be taken simply to rezone the property involved to a conventional zoning
classification.
Both of these types of issues can be treated within the context of Section
516.
A Final Note on Article 5.
Since the designation of planned developments is accomplished by rezoning, it
is important to understand that the designation continues on the property until
other actions may have been taken under Section 516.
Suppose the original applicant, having obtained rezoning to planned develop-
ment, sells to another. The purchase buys the property with the planned
development classification on it and with all the regulations, conditions, and
safeguards adopted at the time of reclassification still applicable. 9n1Y action by
government can remove or change those conditions.
ARTICLE 6. PD-H: PLANNED DEVELOPMENT -HOUSING DISTRICTS
Introductory Comment.
Article 5 of the proposed ordinance, preceding, establishes the general
framework within which a variety of planned development districts may be
established. Article 6 establishes one such district, a district dealing with
residential planned development. Remember that all planned development
so
districts --whether residential, commercial, industrial, or otherwise entitled --will
be created within the context of Article 5.
Under Article 6, a PD-H, Planned Development -Housing District, is establish-
ed. Under its provisions, housing developments with a wide range of types and
densities are possible. Since the PO does not use amendment as the process for
approval of planned developments, the reader is again cautioned that references
made to the PO in this commentary often represent something other than exact
correlation.
The reader should remember, too, that there is considerable confusion in the
PO between planned development on the one hand and the special public interest
district concept on the other. (This point is discussed at greater length in
connection with the discussion of proposed Article 15.) To be noted, too, is the
fact that the PO does not always utilize planned development and special public
interest district concepts in organized fashions.
In the discussion of Article 6 which follows, the writers have not always made
references to the PO. The general organizational patterns and approaches
represented in the proposed ordinance are sufficiently at variance with the PO that
such references might in some instances be confusing rather than helpful.
In reading Article 6 and this commentary, always bear in mind that it is not
necessary to repeat the materials of Article S. Article 6, for example, contains
almost no mention of such matters as utilities, provisions for maintenance of open
space and common facilities, and the like. The provisions are in Article 5, the
general Article.
Section 600.
Provisions which relate more or less to "planned development" are scattered
about in the PO. One may note PO, IV --TB, Group Housing; IV-42, Special Planned
Development Districts; V-1(6)(h), Residential Development of a Planned Unit
Nature; VI-1(4-A)(a, b, $c) and VI-(6), Residential Development of a Planned Unit
Nature, Patio Townhouse, and Single Family Attached; VII-1(6-13)(a), Townhouse
Development; IX, Low Density Planned Development--R-PD district; XXI-I,
Planned Area Development. Take note that in making these references there is no
intent to say that all of the activities contemplated would fall under Article T.
Some of them, particularly those of smaller magnitude, would certainly fall
administratively under one of the special permits established by this proposed
ordinance.
In the definition given, remember that the term "planned development" has
been generally defined at proposed Section 501.
Section 601.
The first sentence of this Section limits the use of PD-H districts to those
conventional districts deemed residential by the proposed zoning ordinances. One
would not, for example, be able to get rezoning for a PD-H development for land
located in an industrial zoning district from which residential uses are barred.
A Of equal importance, note that the second sentence ties the PD-H
classification to the basic land use intensity (LUI) rating set by the ordinance. Thus
the language makes clear the relationship of the LUI system to the establishment
of PD-H districts.
Section 601 in the second paragraph sets a standard for the timing of
development of PD-H districts.
Sections 602-604.
Reserved.
Section 605.
There is nothing precisely parallel to this Section in the PO, but PO, IX, can
be noted. PO, XXI-1-4(3), relates uses to the district in which the proposed planned
are development (PAD, conditional use) is located.
The permitted uses proposed in the text at 605.1 are residential and those
closely associated with residential activity. Terminology should be general.
Remember that in planned development the building types are set out in concept at
the time of rezoning. Note that the adjective "noncommercial" precedes the listing
of (d). As written, the somewhat ubiquitous private clubs, so common in ,Miami,
would not be permitted in PD-H districts.
So for as the accessory use provisions of 605.2 are concerned, there is no very
difficult problem with accessory uses and structures that are normally associated
with residential activity. There is a very real problem, on the other hand, with
certain "commercial -type" activities. Particularly in an age of energy con-
sciousness, we all recognized that larger residential developments require a
variety of establishments of a "walk-in" type serving the residents of the complex.
The difficulty comes when such establishments, in the good old American
tradition, want to attract customers from other locations, thus increasing vehicular
traffic and bringing other types of problems. Among the good many problems
associated with planned residential development, particularly developments of any
scale, is the one of handling the very necessary but troublesome service
establishments.
In proposed Section 6059 the consultants are dealing with "smaller" type
developments. The reader will note, when going over proposed Section 606, that
other arrangements are necessary for larger type developments. Bear in mind, in
going over this material, that the amount of space of this type is set at the time of
rezoning, along with other applicable controls on such activities. Do not forget
that, under the terms of proposed Section 510.3.4.3, paragraph 2, the terms upon
which a rezoning of specific lands for planned development is accomplished are
adopted by reference and become, in law, the regulations for the particular planned
development district.
The numbers used, like the threshhold for the establishment of such service
activities, are subject to discussion and change.
The material should be compared with proposed Section 606.2, where fuliscale
convenience establishments are permitted as a part of a total plan of development
for a development of over 200 dwelling units.
Section 606.
.N
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Proposed Section 606 deals with the thorny issue of service, commercial, and
office uses in "larger" PD-H districts. In reading the material, remember that the
district is primarily residential in character. Service, commercial, and office uses
are strictly secondary and s 9Ould be permitted only to the extent that they serve
the residents that will live within the specific PD-H that is proposed. While
threshhold figures are set in tie s-u sections that follow (500 dwelling units for a
shopping center and 200 dwelling units for convenience establishments), the basic
criteria is that set out: "sufficient population to support" facilities of this type.
Note under 606(c) that the standard is ten percent of gross land area rather,
as in proposed section 605.2, than a percentage of gross floor area.
At Section 606.1, the general requirements for a shopping center in a PD-H
district containing more than 500 dwelling units are set out. Remember that this is
a development of such magnitude that it is impossible to place details in an
ordinance for an included shopping center.
Where a proposed PD-H development is large enough to support a shopping
center, the matter can often be disposed of rather straightforwardly. While to
some the statement may appear strange, it is frequently easier to locate a sinall
shopping center in a residential planned development without adverse effects than
it is a to locate several convenience establishments. The reader should distinguish,
as this proposed language does, between a shopping center on the one hand and the
inclusion in the proposed PD-H of a number of convenience establishments on the
other. Note, too, the relationship of proposed Section 606.2 to proposed Section
605.2.
OR The materials of 606.2.1-12 deal specifically with what are known as
"convenience establishments". (The term is defined in Article 36, Definitions.) The
117-1 1" or "mini -mart" type. of operation serves a very necessary purpose. It also
makes for all kinds of problems in trying to site it in residential neighborhoods.
There is no particular magic in the number set out in 602.2.1, but the figure 11200"
should almost certainly not be reduced.
The quarter mile distance figure of 606.2.2 may seem low. Studies have
shown it is about right in a modern context. The energy crisis necessarily makes
the location of such establishments of even greater importance than might have
other wise been the case in more energy -rich times. Obviously, if there are to be
several of these activities in a specific development, they should be grouped
together if at all possible.
Section 606.2.3 states the obvious in the first sentence. The second sentence
may appear, at first reading, to be impossible of accomplishment. To begin with,
this proposed ordinance introduces the principle of primary, secondary, and tertiary
walls, a concept used for a variety of purposes. (See definitions at proposed
Sections 2013.5.6.3-7.) The last sentence relates to first story residential windows
in primary walls only. There are several ways that the requirements of this
sentence can be met, the most common being buffer walls and plantings. Correct
siting of structures for convenience establishments can sometimes eliminate the
need to use the wall or buffer technique. Bear in mind that the purpose of such
establishments is to serve the residents of the PD-H, not to be so sited and
advertised as to attract customers from outside the PD-H. Convenience
establishments are present in a given PD-H as a service to the residents. Their
existence, therefore does not require location and advertising of a type found for
such an establishment on a major thoroughfare, and such locations should not be
-13-
permitted.
Section 606.2.4 deals with maximum limitations on convenience establish-
ments. Zoning can set maximum, as well as minimum, requirements. Only recently
have regulations setting maximum size of commercial activities begun to appear.
If it be granted that a convenience establishment should be permitted in a
residential district, then it follows that the size of such an establishment should be
suc"chas to serve that residential district and no larger. The figure 5,000 is, in fact,
overly lenient but probably politically realistic.
Under Section 606, a maximum ten percent of gross land area of the PD-H
development might be devoted to convenience establishments. Of that ten percent,
606.2.5 simply says that not more than 40 percent of that ten percent could be
covered by buildings.
The consultants have suggested several times that Miami needs a landscaping
code. At the moment, no such code exists, though there are scattered and
somewhat uncoordinated references to landscaping in the PO. If a landscaping code
be adopted, then appropriate reference should be made to it in the Section 606.2.6
language. Since we are dealing at this point with planned development, the matter
of types and provisions for maintenance can be handled as a part of the rezoning to
P D-H.
The spacing called for in 606.7 is between buildings. This language does not
relate to peripheral yards. In commercial complexes, there is no sound reason for
greater spacing between buildings than that which is required by the fire or building
codes.
The requirement of 606.2.8 for number of off-street parking spaces is that of
the PO.
The language of 606.2.9-11 provides ways to mitigate the more harmful
effects of some of the convenience establishment operations when they are located
in proximity to residential use.
While questions have been raised about the power of a city to set hours of
operations for business establishments generally, the close relationship of conven-
ience activities in PD4-i, residential, area would appear to justify such a
restriction. Commercial activities appear to offer somewhat fewer problems in
daylight hours than they do at night.
Sections 607-609.
Reserved.
Section 610.
Proposed Section 610, and the table which is a part of it, is a critically
important element in utilizing the PD41 technique.
The City will be mapped by land use intensity sectors. The consultants view
this approach as one of their major recommendations. (See BBR, xxii-xxiii, 84.)
PD-H rezonings would be based on the land use intensity sector within which the
property proposed for development is located. In areas where higher densities of
population are planned, the minimum land area for such rezoning is low; conversely,
-14-
in lower density areas, the minimum land area required is greater.
More important, so far as the table is concerned, is the stimulus to utilize
planned development, rather than conventional zoning classificationa. Specifically,
the FAR permitted in a given land use intensity sector is somewhat higher (call it a
bonus, if you will) than the FAR permitted under the conventional zoning
classification. The developer benefits by the higher FAR. The City benefits in
knowing precisely the concept of the development and the savings to be realized by
utilizing planned development techniques.
In effect, then, each sector of the City will have two LUI ratings --one for
planned residential development and one for conventional lot -by -lot development.
The figures given above are certainly not final, but they are in the ballpark.
The reader is referred to BBR, 96-98, and particularly the table at BBR, 98, for
illustration of the point made. Though the table at BBR, 98, was a purely tentative
one establishing LUI differentiations between conventional and planned residential
development for hypothetical Miarni sectors, reference to the table in proposed
Section 610 snows that the consultants' ideas in 1976 were not badly out of line
after more mature consideration. (Note that the table in proposed Section 610 does
NOT list the conventional LUI ratings.)
Section 611.
Reserved.
Ok Section 612.
This proposed Section, with its several subsections, deals with the relationship
of the PD-H district to its external environment. The general standards to be used
in planning the relationship of�D-H district to its external environment are set
out.
There are no PO references that are exactly analogous to proposed Section
612. However, PO, XXI-I, does utilize a few of the standards set out in the sub-
sections to this proposed Section. For that reason, some references in the suc-
ceeding subsections are made to PO, XXI-1. Thus, some small basis for comparison
is provided, even though the basis of PO provisions is conditional use rather than
rezoning.
The thrust of 612.1 language is similar to that of the PO. Proposed language
on the minor streets is, perhaps, somewhat stronger than that of the PO. The
material on mass transit is inherent in the PO but the proposed language has the
stronger statement. (Note PO, XXI-1-4(I)(a).)
Increasing utilization of bicycles in a new era of energy consciousness should
receive more attention than it does in the PO. Hence the language of Sections
612.2. (Note XXI-1-4(I)(a). ).
This important element of 612.3 is certainly implied in the PO, but the
consultants believe it should be made explicit --as a matter of education even
though not necessary as a matter of law.
It is extremely important in setting a PD-H district into an existing single
family area, or bordering on one or more sides of a single family area, that care be
-15-
taken to insure compatibility. One major technique in aiding that compatibility is
open space. Note in 612.4 that open space can include a street and can include the
front yards in the single family residential district as well as the yards in the PD-H
district. Thus, the requirement is not quite so onerous in most instances as might
at first appear. The last clause of the first sentence is applicable primarily in
those instances where there is a common boundary without an intervening street
between the PD-H district and the single family district. The figures given have
been used elsewhere around the country, but other figures, slightly lower perhaps,
might be substituted.
With this approach, the matter of PD-H districts, with their potential for
variety in housing types, may become somewhat more acceptable to those persons
committed to the idea that single family development is, somehow, sacrosanct.
The reference to "RS" is a reference to the symbolism the proposed ordinance
uses for "single family" in the schedule of district regulations. There are three
single family classifications in the PO, one of which has no land zoned for the
purpose. The proposed ordinance uses two RS, or single family, classifications.
The language of 612.5 covers another mechanism designed to make a PD-H
district more compatible with existing or future neighbors.
The reader encounters the concept of height envelopes for the first time in
proposed Section 612.6. Utilization of height envelopes was recommended by the
consultants (BBR, xxiii, 60-67) and was made a part of the proposed ordinance. The
reader who wishes to familiarize himself at this point with the height envelope idea
can turn to the commentary on Section 2016 of the proposed ordinance.
In Section 612.7, the problem of signs as they may relate to the external
influence of a PD-H district is treated. Signs are one of the elements of potential
incompatibility with surrounding areas. While matters of signing can certainly be
treated in the negotiation process for PD-H rezoning, some stated regulation like
that of 612.7 has been found most useful. The proposed ordinance requires a Class
A special permit for such signs, for the matter does not seem to be of sufficient
magnitude to warrant more formal processes. (For readers wishing to familiarize
themselves at this point with the special permit system of the proposed ordinance,
reference may be made to Article 23 and the commentary thereon.)
Section 613.
Section 613 deals with the internal planning of the PD-H district. The
materials of this Section permit goo'=esign without being unnecessarily restric-
tive. One objection sometimes raised to planned development is that much of it is
badly designed and that the promises of planned development are not, therefore,
always realized. No set of re ulations can guarantee good design. And, of course,
what constitutes good design is trequently a matter tor argument among the most
competent professionals anyhow. The regulations of Section 613 do not guarantee
good design, but judiciously administered by competent personnel they provide
adequate basis for refusing approval for plans or portions of plans evidencing
obviously bad design. If bad design results in rezoning to PD-H, the fault can
hardly be laid at the door of the regulations!
Section 613.1 permits and encourages superblocks, separation of automotive,
bicycle, and pedestrian traffic, and limitation of streets to the minimum required
to serve the development.
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Section 613.2, and its several subsections, deal with problems of vehicular
access and the separation of automotive from other types of traffic. Section
613.2.1, for example, would be interpreted, where a loop street serves 100 units and
it seems probable that traffic will be equally distributed along the two halves, to
permit individual driveways. If the units are unequally distributed, with 75 taking
access on one half of the loop and 25 along the other, combined access would be
required along the first side with individual access permitted on the other.
The reason for 613.3 is that often too little attention is paid to walkways and
their relationship to internal circulation in a development. As the energy crisis
forces people to use feet more and engines less, the matter increases in
importance. Walkways serve different purposes, as evidenced by the language.
In Section 613.5, the reference to the symbol "RG", is to the multiple family
zoning classifications of the proposed ordinance.
ARTICLE 7. RESERVED
ARTICLE B. RESERVED
Articles 7, 8, 10, 11, 13 and 14 are reserved against the possibility, perhaps
probability, that at some future date after the adoption of the proposed ordinance,
a later commission would want to add some other types of planned development
districts. Remember that each such district would be in the context of general
40 Article 5.
ARTICLE 9. PD-HC: PLANNED DEVELOPMENT --HIGHWAY
COMMERCIAL DISTRICTS
The original consultants' draft of a proposed new ordinance submitted for
consideration contained an Article 8 which established a planned shopping center
classification. Within that classification, provisions were made for three types of
shopping centers: neighborhood, community, and regional. Size of area to served
was the basis for distinctions among the three sub -classifications, classifications
based on the Urban Land Institute's CommunitZ Builders Handbook, Section 3.
After rather extensive consideration in the workshops on the consultants'
draft, Article 8 was dropped. It was felt that there was really no available land
area within the City of Miami to construct a truly regional center. Further,
regional centers (Dodelond would be an example) have already been constructed
further out in the County. Even the community, or middle type, shopping center
seemed unlikely.
The PO does have what is, in effect, a sort of small planned shopping center
provision, the C- I A (Planned Shopping Center) classification. (XXIII.) Such smaller
centers are, or should be, located along major arterials.
Thins, the collective judgment of the persons involved in the workshops on the
consultants' draft was to delete Article 8, with the thought that this proposed
Article 9, adapted from the original draft, would adequately serve the purpose.
-17-
Using Article 5 of this proposed ordinance as a base, we have said that any
number of different types of planned developments can be devised. This Article 9
is an example.
The PO contains no district of the type set out in this Article 9. The reader
will note, at Section 902, the wide array of possible uses that are listed. Note, too,
(6) of the listing; this provision makes possible a "small" shopping center location
under the criteria set out.
At present, major highways within the City are more often than not strip
zoned in some regular commercial category. Use of the PD-HC district in selected
instances, rather than strip commercial, would make considerable sense. Compati-
ble groupings of highway oriented uses could replace, in degree at least, present
incompatible strip activity.
The minimum area requirement of Section 903 is deliberately kept low in
order to encourage resort to the PD-HC classification rather than to strip
commercial. Notice in Section 903 that the LUI sector rating is used as a point of
departure for such subject matters as floor area ratio (FAR). These calculations
are based on gross lot area; the gross lot concept is fundamental to the application
of the LUI system and is discussed later in connection with Section 2006.2.2 of the
proposed ordinance.
No references or commentary are included for individual sections of proposed
Article 9. To do so would be repetitious (though in a commercial context to be
sure) of statements already made in connection with the discussion of proposed
Articles 5 and 6.
ARTICLE 10. RESERVED
ARTICLE 11. RESERVED
ARTICLE 12. PD-MU: PLANNED DEVELOPMENT --MIXED
In an age of service station gas lines and concerns for energy conservation,
there is increased emphasis now among many knowledgeable citizens for a concept
that a segment of the planning profession has been arguing for a long time --mix-
tures of uses in particular locations. The idea that people might live in close
proximity to their working location, or even in the some building, may well become
more practically --and socially --acceptable in the future.
The consultant's draft of a proposed ordinance did not contain a planned
mixed use classification. The kinds of mixtures of uses that might be covered in
mixed use planned development, the consultants felt, would be possible in whole or
in part under their suggested regulations for 0-1 (office -institutional) and RC
(residential -commercial) classifications. (The reader may wish to look at these
districts on the proposed schedule of district regulations.)
During the workshops on the consultants' draft, it became apparent that there
was a desire to have a planned mixed use district that might be applied outside
conventional districts that might be established where mixtures of uses would be
permitted. Where traditional zoning classifications permitted mixtures of uses, it
would be doubtful that a planned mixed use classification would be sought, even
with a carrot of somewhat higher intensity.
The consultants were directed to draft a planned mixed use district based on
several assumptions in addition to that just noted:
1. An assurance of a substantial admixture of residential uses in any mixed
use district; thus a requirement for minimums and maximums on
residential use;
2. Given sufficient residential mix, the balance among other uses (retail or
service commercial, offices, and the like) would not be a matter of
concern;
3. Commercial uses would not be limited to those required for the support
of the particular planned —mixed use district but could serve the general
area or the City as a whole.
Sections 1200-1201.
The definition of the district and the statement of intent are drafted in
accord with the basic prernises for PD-MU districts stated above.
Section 1202.
In contrast to provisions indicating that a listing of uses shall be permitted,
the language of this proposed Section uses a listing to establish an outer range of
those that might be considered complementary and compatible. Upon examination
of a particular PD-MU project that is proposed, the limits may be narrowed in
particular districts (or location of uses restricted) in consideration of existing
adjacent development or zoning.
Thus, in the listing in 1202.1 it is not necessary to indicate whether dancing
or live entertainment is permitted at eating and drinking establishments or whether
drive-in facilities are permitted at banks or other establishments. As the
introductory language to the listing is worded, the fact that commercial marinas or
parking garages appear in the listing does not mean that they would be permitted in
proposed districts in which they would be incompatible.
Selections from the list, and restrictions on kinds, details of operation, or
location of uses, would be made at the time the amendment to rezone to PD-MU
was prepared and acted upon, and in relation to the particular district and its
environs.
The accessory use provisions of 1202.2 parallel those applying in proposed CR
districts. (See proposed schedule of district regulations.)
Section 1203.
In this section, residential ratios are as for PD-H districts, and ratios for non-
residential uses are as for PD-HC districts. It is not, therefore, necessary to have
a separate table of ratios for the PD-MU district. (See Section 1203.2.) The land
use sector in which the proposed PD-MU development would be located controls the
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building density.
The minimum gross land area required for rezoning to PD-MU is set relatively
low, with a larger minimum for the less dense land use sectors. (See Section
1203.1.) The arguments used for setting low minimums in the PD-H and PD-HC
classifications apply in the PD-MU context as well. It is difficult in Miami to
assemble substantial tracts, and, if planned development is to be encouraged,
minimum area requirements must be kept low.
If residential use is an essential element in the mixture sought, then it must
not be merely token. If someone wishes to have a large office complex, but only a
couple dwelling units, the development is obviously not mixed use. On the other
hand, domination by residential use would, equally, not be mixed use. Section
1203.3 sets both a floor and a ceiling on residential use, in order to accomplish the
purpose of true mixed use.
Not addressed in the proposed language (and perhaps it should not be
addressed) are the potential questions that may be raised about minimum and
maximum limitations on hotel, commercial, or office uses. one may arque that, for
planned mixed use purposes, only the residential controls should apply, with
remaining space apportioned by agreement with the City at the time of rezoning to
PD-MU.
The reference in Section 1204 is to the height envelope requirements found in
the schedule of district regulations. (See also proposed Section 2016.)
ARTICLE 13. RESERVED
ARTICLE 14. RESERVED
ARTICLE 15. SPI: SPECIAL PUBLIC INTEREST DISTRICTS
General Provisions
This Article introduces a new technique into Miami zoning. Its inclusion in
this proposed ordinance represents a start toward implementation of one of the
consultants' several major recommendations.
There are elements of the approach taken by this proposed Article in the PO
in XXI-3, but the PO does not clearly distinguish between planned development on
the one hand and the special public interest distrtict on the other. Persons
interested in some extensive knowledge of the SPI technique may wish to consult
the consultants' critique of the PO, BBR, 128-130, 152-158. For a discussion and
comparison of proper SPI approaches with PO, XXI-3, SPD-I, Central Island
District (Claughton Island), see BBR, 160-226.
This proposed ordinance, unlike the PO, draws a clear distinction between
planned development controls (see this proposed ordinance, Article 5) and the
special public interest district technique.
The special public interest district approach affords an opportunity for the
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treatment of problem areas not possible under traditional zoning concepts. These
SPI districts may take one of two forms. An SPI district might be an overlay to
40 regular zoning classifications. Pius, as a possible example, there might be a SPI
overlay for waterfront properties dealing with the treatment of such items as
setbacks, yards, height, landscaping, etc. Under the overlay there could well be
several different regular zoning classifications.
The second type of SPI district constitutes a "special" district in itself. Again
as a possible example, one might create a SPI district for the Jackson Memorial
Hospital area. Such a district would not be an overlay but would be a zoning classi-
fication in and of itself.
The general provisions of proposed Article 15 constitute, in effect, general
"enabling" legislation. These provisions set the parameters for such SPI districts --
whether overlay or basic in character --which may be a part of a new zoning
ordinance or which may be adopted at a later date following the adoption of a new
zoning ordinance. The general provisions of proposed Article 15 do not in and of
themselves "zon,t" anything.
These general provisions have been
districts under the Article 15 heading
Districts. Two of these are overlay and
follow t e general provisions of Article
established in the future.
implemented by establishment of five SPI
of Provisions Relating to Se2cific SPI
three are basic districts. Note that each
15. Further districts may, of course, be
In Section 1500 the general statement of intent is set out. Note that, as the
phrase "special public interest" implies, the emphasis is on the problems which have
a special and substantial relationship to the public interest.
In Section 1502, paragraph (a), the authorization; for a basic district is set out.
Paragraph (b) authorizes the use of the overlay tyre SPI classification.
The material of Section 1504 and its fiva subsections set the general require-
ments for the adoption of SPI rezoning. The language constitutes a limitation of
proposed Section 3502.1. Unlike Section 3502.1., which permits a diversifi�erTgroup
of persons or agencies to propose zoning amendments, Section 1504 limits the
initiation of amendments for SPI zoning to the Department of Planning, the
Planning Advisory Board, and the City Commission. This is an important element.
It does not, of course, prohibit anybody from making informal contact and
suggestions as to possible SPI amendments. It does, however, insure that SPI
districts, which are declared to have a peculiar relationship to the public interest,
are formally irritated only by the three agencies noted.
Section 1504.1 language makes mandatory a statement of intent for each SPI
district that may be created. While statements of intent are among the most
difficult elements of any zoning ordinance to write, this mandatory requirement
"forces" the initiating agencies to think through carefully the ideas behind any SPI
district that is being proposed.
Mopping is essential. The reader may recall that in proposed Section 300.2
(Article 3 deals with the Official Zoning Atlas and the Official Schedule of District
Regulations) the mapping of the two types of SPI districts is specifically covered.
(Section 1504.2).
It is obvious, in Section 1504.3, that if an SPI district is established, the
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regulations relative to it should be set out. What is important about 1504.3 are the
statements of the types of considerations that should go into the establishment of n1
such a district so far as regulations are concerned.
The device of special permit (see, generally, proposed Article 23) may well be
used in connection with a given SPI district. Hence, the language of Section
1504.4. In addition, it may be that, in a particular situation, some form of special
approval other then those contemplated by proposed Article 23 may be necessary.
While the consultants devoutly hope that one or more of the six forms of special
permits set out in proposed Article 23 will prove satisfactory, the language of
1504.4 does allow for latitude in this regard.
Within the context of regulations drawn for particular SPI districts, whether
of a basic or overlay kind, there will still be prospective developments which will
not quite "fit". Proposed Section 1504.4 authorizes special approval or permits to
be required, an action which would be set out in the regulations for each specific
SPI district, if the Commission so decided. In this special approval or permit
process, then, it might still be necessary to authorize or to require some variation
from the SPI regulations of the particular district involved. This is what proposed
1504.5, and its sub -paragraphs, is all about.
Where an exercise of discretion is involved, the legislative body must set
standards. That is what 1504.5.1 deals with --the establishment of guide Ines for
variation. A "variation" is not a "variance". (On that point, see proposed Section
1504.5.4.)
Where the regulations may authorize variation to be required, a careful
standard must be set. Note that the 1504.5.2 limitation on decreasing population
or floor area now protects the prospective developer (as it should) in contrast to
1504.5.1, next to the last paragraph, where the opposite is the case.
The language of 1504.5.3 simply insures that there is an official record of SPI
variations.
Sections 1506-1509.
Reserved.
Provisions Relating to Specific SPI Districts
Section 1510. SPI-1: Martin Luther Kina Boulevard Commercial District.
This district classification replaces the PO, C-4A Boulevard Commercial
District, which is applied to Martin Luther King Boulevard from the 1-95
expressway to the city limits along N.W. 62nd Street.
In accord with the LUI system, following are the major changes that were
made to the C4A district:
Section 1512.
The 50 percent minimum requirement of non residential ground level frontage
that must occur in developments ( 1512.1. I) follows the recommendation of the
Miami Comprehensive Plan; the first 300 feet from the intersections of N.W. 7th,
12th and 17th Avenues along the Boulevard must have 50 percent ground level non
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residential space at least 20 feet in depth.
With the exception of a few uses that require special permits (1512.2), the
permitted uses are much more market oriented and are based on the proposed CR-3
district (1512.1).
Section 1515.
The minimum lot requirement section (1515.1) drops the PO requirement that
any lot that has 50 percent residential must have 6000 square foot lot area.
The permitted floor area of the proposed ordinance relates directly to the
LUI system, and drops the various ineffectual bonus f.a.r. provisions of the PO. To
encourage lot assembly, section 1515.2 provides a sliding scale chart of LUI sector
numbers where the maximum LUI sector is not achieved until a gross land area of
50,000 sq.ft. is attained.
In Section 1515.3, the proposed Transfer of Development Rights (Section
2014) is used as a device for encouraging large land assembly, instead of the rather
cumbersome transitional tot approach of the PO. The SPI-I district is the only
district in the proposed ordinance where the T.D.R. tool has been directly employed
to achieve a planning objective. For the interested reader, this section provides a
good illustration of how T.D.R. can work hand in hand with various facets of the
L.U.I. system.
Section 1520. SPI-2: Coconut Grove Central Commercial District.
The L.U.I. system as adopted to this district has eliminated the bonus floor
area provisions of the PO. The consultants were of the opinion that the 50 foot
height limit coupled with the pedestrian and livability space requirements of the
proposed ordinance would insure future development that is in accord with the
intent statement of the PO.
Section 1522.
All developments require a Class C special permit. This requirement replaces
the site and development plan approval section of the PO, and consequently reduces
the number of special exceptions (conditional use in the PO) required for particular
uses.
Section 1523.
Only theaters and bars require special exception.
Section 1526.
For residential uses only, the lot requirements refer to RG-2. Where mixed
uses are involved, there are no specific lot requirements. This replaces the PO
requirements where at least 25% of development must be non residential to
eliminate lot area restrictions.
Section 1530. SPI-3: Coconut Grove Major Streets Overlay District.
The provisions of the proposed district are substantially the some as
contained in the PO (SPD-2).
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Section 1540. SPI-4: Brickell Area Major Streets Overlay Districts.
The PO does not contain this overlay district. In the translation of the
various zoning districts in the Brickell area from the PO to the proposed ordinance,
the consultants used the SPI-4 classification as a means to achieve planning
objectives without encumbering each Brickell zoning district classification with
unnecessary verbiage.
The purpose of the SPI-4 overlay is to insure the retention and enhancement
of natural and manmade features of the area. The district serves ' to alert
prospective developers of the Brickell area's special qualities, and to require a
Class C special permit.
Section 1550. SPI-5: Brickell-Miami River Residential -Office District.
The SPI-5 replaces the PO, R-CB zoning district classification.
Section 1551.
The intent section of this district is intentially longer and more explicit than
the PO. Since the LUI system provides greater architectural design flexibility, it is
necessary to provide defined verbal design guidelines. Notice the second paragraph
of 1551.2 as an example.
Section 1552.
Whereas the PO requires a site plan review only when a floor area bonus is
sought, all SPI-5 development requires a Class C special permit (1552.1). The
purpose of the review is to ascertain that development is in accord with the intent
of the district.
Section 1553.
Note that in 1553.1, restaurants are permitted to provide service in adjacent
plazas. This provision is a needed departure from the PO. Although the existing
development provides ample open air plazas, they are not used for activities that
would provide service, animation and vitality for the district. In view of this
objective, 1553.2 allows a number of service and retail uses not allowed in the PO.
Section 1554.
This section further amplifies the attempt to expand and encourage accessory
convenience uses. It refers to section 2003 0554.0 I) which allows up to 10%
accessory convenience commercial to be added to a development (of sufficient
size) without having it count against the districts permitted floor area. Also in
1554.4, certain structures such as roofed shelters open at the side for at least 40%
are excluded from floor area determinations when placed in appropriate plaza
locations.
Section 1556.
In the PO, R-CB district, a bonus floor area ratio is allowed for larger lots; it
is based on increments of lot frontage and depth. The proposed SPI-5 allows a
higher land use intensity rating for larger lots, but it is based on gross land area.
The chart shown in 1556.1 depicts the L.U.I. rating for various residential and non-
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residential lots up to a maximum rating for gross land area of 70,000 square feet.
to One of the objectives of the Comprehensive Plan is to encourage residential
development around transit station areas; this is reflected in the chart by allowing
a higher L.U.I. rating for residential uses.
The PO, R-CB contains a series of bonus floor area ratio provisions for
various features including enclosed parking, and increased ground level open spaces.
This provision has been dropped in the SPI-5 district because most new
developments will provide them without an f.a.r. inducement. To compensate for
dropping the bonus f.a.r., the SPI-5 L.U.I. ratings have been raised to provide an
equivalent or greater base f.a.r. For instance, the base R-CB f.a.r. is 1.5 without
any bonus f.a.r. The base SPI-5 nonresidential for a small 14,000 square foot lot is
1.13. Since the PO is based on net lot area, and the proposed ordinance uses gross
land area, if you multiply the two figures times their respective land area, the
result will be very close, especially when you add in the 10% free floor area
allowed in the SPI-5 for convenience commercial.
In the articles dealing with Planned Development (PD) districts, a higher
L.U.I. rating is allowed as an inducement for developers to use the PD approach.
Since all developments in SPI-5 must have a Class C special permit which requires
site plan review (similar to PD review) -the prohibition against the creation of PD
districts (1556.2.4) was established to insure the L.U.I. ratings shown in the chart of
1556.1 would be highest allowed in the SPI-5 district.
As previously mentioned, one of the objectives of the SPI-5 district is to
induce more residential development and to provide for more active pedestrian
Ah activities. Sections 1556.2.6 and 1556.2.6.1 relate to these objectives by defining
the guidelines for landscaping, and seating on the plazas. It is intended that these
guidelines, coupled with allowing more service and retail uses at ground level will
provide more intensive pedestrian use and enjoyment.
ARTICLE 16. RESERVED
ARTICLE 19. SPECIAL PUBLIC INTEREST DISTRICT --INTERIM
The PO, IV-39, contains material on what is known as "interim zoning
districts". In critiquing the PO, the consultants were candid in expressing their
opinion that PO, IV-39, even in concept, should be deleted from a new ordinance.
(BBR, 242-243). Notwithstanding that opinion, the consultants recommended that,
if the approach were to be retained, IV-39 should be completely rewritten and made
an SPI district. The decision was taken to retain IV-39 in concept. Proposed
Article 19 constitutes that rewrite, using SPI as a basis.
Section 1900.
Interim zoning classifications are declared to be special public interest
districts, thus bringing them within the context of proposed Article 15. This
action, in itself, should lend some validity in the event of litigation. The problem
with interim zoning districts is that the courts around the nation have not always
looked on them with favor --even though their purpose is to "buy time" for study,
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analysis, and the eventual zoning of the area involved into a "regular" classifica-
tion.
Section 1900 defines what the interim district is and the intent of the
district. Hopefully, the language of 1900 is more precise than PO, IV-39(I).
The Local Government Comprehensive Planning Act requires that all actions
taken to implement a comprehensive plan be in accord with that adopted pTan. The
language of the Florida Act is clear, and it does not except any interim zoning that
might occur. Miami is not a free agent on this p iint. Therefore, the reader will
note in Section 1900 the reference to the comprehensive plan. (The PO language of
IV-39(I) contains no reference to the play.).
Section 1901.
An interim district can be applied to any area of the City, but such
application must be in accord with the limitations noted.
Section 1902.
The proposed language is pretty much that of PO, IV-39(3) (c).
Section 1903.
The proposed procedures set out in Section 1903 are very much those of the
PO, with the important addition of the applicability of proposed Article 15 (SPI) as
well as the general Article 35 on amendment.
Section 1904.
There is no change on this point from PO, IV-39(4).
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
This article is a very lengthy one. For the ease of the reader of this
commentary (and unlike the treatment of prior and later articles), each major
section will be indicated by centered subheads, with side subheads being used for
subsections where necessary.
Because of the Article's length, and the wide variety of topics covered, the
reader is cautioned to approach his consideration of Article 20 with care, paying
particular attention to the decimal headings which set off one topic from another.
Reference to the Table of Contents for Article 20 included with the copy of the
proposed ordinance will also aid the reader in "breaking out" the various matters
covered.
One of the recommendations made by the consultants in their critique of the
PO was that a schedule of district regulations format be adopted. (BBR, 18).
Regulations for the different Zoning districts that are adopted will be set out on a
Schedule of District Regulations, as discussed previously in connection with
proposed Article 3.
There will, however, be regulations that will apply in all zoning districts, or in
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two or more such districts. In modern zoning, these sorts of regulations are usually
grouped in a separate portion of the text of the zoning ordinance under the rubric
of "General and Supplementary Regulation". That is what we have here with
lengthy Article 20. (PO, IV, represents such a grouping, but it is incomplete and, on
occasion, not inclusive enough). It may well be, as the process of eventual adoption
of a new zoning ordinance proceeds, that Article 20 might be broken down into
several articles for organizational convenience prior to passage.
Section 2000.
2000.1.
This subsection, with its seven subparts, treats the off -times difficult
problem of how to calculate the items covered where there are mixed uses
proposed for a building or a group of buildings. The PO, IV-27, takes a very broad
gauge, and quite unsatisfactory, approach. A considerable amount of fine tuning on
the point is required, and particularly so if increasing encouragement is to be given
to the development of mixed use structures and complexes in Miami.
The material set out establishes uniform rules for calculation where a series
of elements are involved.
Varying floor area ratios for different uses in the same district sometimes
lead to confusion for applicants and administrators unless rules are set, as in
Section 2000.1.1, for a situation where a building is to contain combined uses. The
application of the rule of 2000.1.1 can be illustrated. Presume that a district
regulation land use intensity sector (LUI) limits commercial and office floor area
ratio (FAR) to 2.0, and residential FAR to .6. An applicant has a 15,000 square
foot lot and plans indicating 4,000 square feet of commercial and office space and
8,000 square feet of residential space. On the rule as stated, then, 4,000 square
feet of office and cormercial would require 2,000 square feet of lot area at FAR
2.0. Residential floor area of 8,000 square feet would require, at FAR .6, 13,333
square feet of lot area. Adding the two figures, 15,333 square feet of lot is
required for the applicant's proposed structure. He is close to meeting
requirements. His options are flexible. He can reduce office and commercial
space 666 square feet or reduce residential space by 200 square feet. His proposed
structure will then comply.
Section 2000.1.2 is concerned with situations where there are varying
requirements for different uses for yards, open space, and building spacing. The
basic approach is that of proportioning the requirements for each use and relating
those proportions to lot area.
Thus, 2000.1.2.1 proposes a solution for what otherwise can be a complicating
factor. Assume total open space required for residential use is 60% of total lot
area, and that required for commercial or office use is 50%. Usually, the land area
requirements for the uses as actually built will not total neatly to the area of the
lot although the open space requirements relate to the total area of the lot. By
computing actual land area requirements for total floor area in each case, adding
them together and deriving a percentage for each, and multiplying these
percentages by total lot area, the open space requirements for each use are divided
on a proportionate basis. The same type of calculation on livability and pedestrian
open space would produce the some kind of proportionate division. (The reader
A should remember that there are different types of open space --total open space,
livability space, and pedestrian open space.)
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The provision of 2000.1.2.2 is important for security reasons where there are
combinations of nonresidential use open to the general public and residential
occupancies whose tranquillity and safety might be adversely affected if there
were intermingling of livability space with general pedestrian open space.
The materials on spacing of buildings (2000.1.2.3) and signs (2000.1.3) should
not require explanation.
PO, XXIII (4) (32), deals with offstreet parking calculations for mixed uses.
Proposed 2000.1.4 covers that some material. The rule on fractions is more clearly
stated in the proposed language than in the PO.
Section 2001
At the present time, there is no mechanism available for handling the sort of
issue set out here, without going to the administrative official for a permit and
being turned down. There should be a method of getting such questions answered
without having to resort to filing building plans, with consequent expense, in order
to discover whether or not a particular use, not mentioned for a district, is or is not
to be permitted or permissible. While the procedure does not permit an individual
citizen directly to initiate such a request (nor should such be the case), it is obvious
that where this type of question is raised informally, the procedure set out will
cover the matter.
It is devoutly to be hoped, of course, that the new zoning ordinance will cover
every possible contingency! In a complex undertaking of this sort, however, it is
well nigh inevitable that some such questions may arise at a future time. There is
no reason to require an applicant to spend money to be turned down in order to get
a ruling.
The language of 2001.1 requires that those who will have to work with the
determination receive notification as to what it is. While specification of the
Zoning Board is not technically necessary, the consultants have found by experience
that this type of question more often than not involves a matter of special
exception. Hence, the specific reference. Failure to notify will, incidentally,
invalidate the determination.
Questions of the type covered by Section 2001 are fortunately rare. When
they do not occur, they will be in the context of one of the two types covered by
2001.2. In effect, the language requires that the director of the Department of
Planning initiate an amendment to the ordinance if the matter is apt to be
common. If not, the matter remains one of administrative interpretation. The
question of "which" is in the discretion of the director of the Department of
Planning.
Section 2002
The PO contains no provision of this type, though the matter may be said to
be a part of the PO by inference. Though such a situation is rare, the consultants
have seen proposed developments meeting fully the footage requirements that still
posed problems of access for emergency vehicles.
Proposed Section 2002.1 clears up a couple of minor problems in PO,IV-29.
(See BBR, 372). The consultants have recommended that streets be zoned; hence,
the addition of the word "private" as a modifier for "land". The two subparts of
z
2002.1 are the result of problems with the PO that have arisen since the
consultants have been working with the City.
The consultants were told of at least one situation in Miami where the only
"safe" access for emergency vehicles (in this case ambulances) necessarily had to
be through a residential area. Because the ambulances were commercial, the PO
language simply did not deal with the matter. Thus, the language of 2002.1.1.
So also for access for pedestrians and cyclists (2002.1.2).
These types of situations are not common, but an ordinance should cover
them. What has sometimes happened under the PO is that some of this sort of
thing simply goes on without legal sanction.
Section 2003.
Accessory uses and structures can often pose problems. And the problems
change with changes in technology and society. Nobody worried about the location
of air conditioning units in those days when such devices were uncommon, or about
private swimming pools and tennis courts when only the very rich had such
facilities on their property. The advent of lighting made night recreation possible
at a private home --and with consequent possibility of irate neighbors.
All of which is to say that the problems of accessory uses and structures
today is more complex than when the PO was adopted. PO, IV-19, is the main
portion dealing with accessory uses and structures. Some of PO, IV-19, appears in
Section 2003. Some appears in the proposed schedule of district regulations. The
Ab yard encroachment provisions of PO, IV-19, have been organized in the proposed
ordinance in Section 2005 which deals with limitations on occupancy of yards. The
reader familiar with the PO should not assume, therefore, that the proposed
ordinance has eliminated large amounts of PO, IV-19, material.
20
Section 2003.1 material is standard.
2003.2.
The language of 2003.2 is not found in the PO. Not normally a matter of
great moment, the consultants have known of occasions where, lacking a provision
like that above, accessory structures were erected before the main building --and
then the main building for some reason was never erected. The consequences,
while not always very serious, can contribute to neighborhood clutter, or worse.
2003.3.
Mention has already been made of the fact that a good deal of what now
appears in PO, IV-19, really belongs elsewhere in the ordinance, particularly those
portions of IV-19 relting to yard encroachments. Proposed Section 2003.3 is con-
cerned with the spacing of accessory buildings (yard encroachments aside at this
point). Spacing requirements should relate to safety needs and the figure 115" must
be checked with applicable City construction and fire codes to insure that there is
no contradiction. The matter should be kept in line with other codes and as simple
as possible. The reader will note that 2003.3 differs from IV-19 (2) in the latter
respect.
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Compare PO, IV-19 (3), with proposed Section 2003.4. The PO is unduly
restrictive. Distinguish carefully the "required yard", that is, the yard required by
the regulations for the district involved, from placing structures closer to the �.
street than the principal building. No accessory building should go in a required
front or street yard. On large lots, it may be necessary to place an accessory
building closer to the street than the principal building, e.g., a recreation building
in front of a large multifamily structure. The proposed ordinance will make
provision elsewhere for the latter type of circumstance.
2003.5.
PO material on home occupations is presently found in V-1 (8). The
consultants in their critique of the PO discussed some of the problems and
discriminatory aspects inherent in the treatment of home occupations in the PO.
(BBR, 295-97). Certainly the issues raised by home occupations are difficult ones.
Proposed 2003.5 language has been used with a good measure of success in
other jurisdictions. The proposed language of paragraph (h) can, of course, be
altered to exclude or include other possible activities. The proposed language of
paragraph (a) permits employment of one 'outside" person. The PO permits
employment of one 'outside person" subject to conditional use approval. The
reader will note that overall the proposed language provides a much tighter, and
hopefully fairer, regulatory structure than does the PO.
2003.6.
Today as many problems are arising from private tennis courts (not now
specifically covered in the PO) as arise from swimming pools. Both, in their
private contexts, are accessory uses. Establishing universal requirements, as now
found in PO, IV-19 (5), permits no flexibility in siting. (True, the PO requires a
conditional use where a wall is involved.) What is really required for these
facilities is some sort of review to fit them functionally into a neighborhood. The
above language takes that approach, permitting the tailoring of the facility to the
circumstances of the specific property and the neighborhood. Note that the
language above could cover a shuffleboard court and other types of recreational
facilities.
2003.7.
PO, IV-20, spells out (often in too great detail) how certain convenience
establishments can be placed in conjunction with residential or office uses. The PO
does not really have an overall approach to this problem of supplying convenience
establishments in higher density residential and office complexes. The problem will
become increasingly acute as the energy shortage becomes more critical.
PO, IV-20, makes no provision as such concerning mixed uses, although it
permits conveneience establishments in connection with mixed uses (as, for
example, apartment hotels). The point scale device in proposed Section 2003.7.1.1
uses the current relation between dwelling, lodging and office uses and establishes
a minimum point threshold for convenience establishments in mixed use buildings.
Since the PO establishes no maximum limit (except in the case of
restaurants--2.6% if units average 750 square feet or 5% of office gross floor area),
the language of 2003.7.2 has been included. An upper limit for combined uses
seems desirable. Note that the limit is based on actual floor area of principal uses,
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not on maximum permissible area for such uses. Thus, area for convenience
establishments would be a "bonus" where total permissible area for principal uses
00 was actually constructed. Such bonus should probably be allowed only in the higher
intensity RG and RO districts. (RG and RO are the proposed titles for multiple
family and residential -office districts.) Under the Minimum .Property (MPS)
standards (see proposed 2012 for MPS general reference) approach for residential
uses such "bonus" floor area is exempted; since the RG and RO district are
primarily residential, and the amount of convenience use floor area is a maximum
10 percent, the extra building bulk should provide a well proportioned project.
Proposed Section 2003.7.3 provides a method for permitting and regulating
convenience establishments in mixed uses. The PO's somewhat complex scheme,
IV-20, is simplified. (Some of the material of IV-20 appears in the proposed
ordinance in the schedule of district regulations.)
The limitations of proposed Section 2003.7.4 are basically those of PO, IV-20
(4), with material presently appearing at IV-20 (4) (b-e) now in proposed 2003.7.7-9.
The language of proposed 2003.7.5 parallels PO, IV-20 (3) (a).
The language of proposed 2003.7.6 parallels that of PO, IV-20 (3) (b), but adds
"displays" to signs. In other jurisdictions, language sometimes reads "There shall be
no visible exterior evidence when viewed from public ways of the existence of such
accessory convenience establishments". This would preclude having restaurant or
bar windows visible from streets. It is assumed that it is not proposed to be quite
this restrictive in Miami.
The language of proposed 2003.7.7 provides somewaht greater flexibility than
does PO, IV-20 (4) (b). Compare proposed 2003.7.8 and 2003.7.9 with PO, IV-20 (4)
(d & e).
2003.8.
The City of Miami apparently desires, at least so far as this lanugage is
concerned, to prohibit the sale of gasoline as an accessory use at convenience
establishments. If there is to be a policy of permitting convenience establishments
in certain types of residential uses (a policy which makes some sense), then there
is, indeed, much to be said for not permitting the sale of motor fuels except at
automotive service stations. (See definition of automotive service station in
proposed Article 36.)
Reserved.
Section 2004.
Section 2005.
This is an important Section. The PO defines only the single word "lot". (II-
2(42).) The PO definition is actually a definition of a conforming lot. Applied
generally this makes lots other than conforming lots into nullities. The truth of the
matter is that a sound regulatory scheme takes account of the several types of lots
that exist and defines them. If the various types of lots are sorted out, then
meaningful regulations can be devised to take account of each. (The reader may
-31-
wish to check BBR, 298-302, on this point.)
2005.1.
This is the standard definition of "lot". Notice the use of the word "private"
as modifying "action". Governmental action (e.g., eminent domain) is not thus
limited.
2005.2.
The proposed definition is essentially what the definition of "lot" is at this
time under the PO.
2005.3.
The PO, XXVIII, has a variety of regulations dealing with situations of one
type or another of a nonconforming lot, yet the term is not defined in the PO.
Note M. Where by governmental action a previously conforming lot has been made
nonconforming, equity would demand that the owner of the now nonconforming
property should not have to suffer. By these terms, such an owner receives
whatever protection the ordinance may give for such nonconforming lots.
2005.4.
One is tempted
is, perhaps, too harsh!
quite frequently the
knowledge of it.
2005.5.
to call a "substandard lot" an illegal lot, but the latter term
The fact is that substandard, or illegal, lots are created and
situation goes on for years without government having
With the exception of the mention of access, the definition of "lot" in PO, II-
2(42), is really this proposed definition of a regular lot. And access is, of course,
necessary! Note the inclusion of the phrase "approved private street". There is no
compelling public interest in having all streets public, providing the private streets
have meaningful provisions for their upkeep and maintenance. Guarantee of the
latter point is the reason for the word "approved". The regulations for regular lots
are set out at proposed Section 2006.
2005.6.
Just where and on what tablets of planning stone it was written that all lots
must be generally rectangular and have four sides is not known! There are irregular
lots and an ordinance should take account of the fact. Having defined an irregular
lot in this 2005.6, the particular regulations for such a lot are then set out at
proposed Section 2007.
2005.7.
Here we have the generalized definition of the word "yard". The PO defini-
tion, 11-2 (96), simply is unsatisfactory. There are literally scores of thousands of
violations now extant in Miarni. Yard furniture violates the definition. Clothesline
poles (which are enjoying a revival!) violate the PO definition. A good definition
tries to take account of "normal" yard usage. In the definition given, the 36 inch
provision is designed to permit the raising of patios a few inches above the ground,
-32-
swimming pool sills, and the like --which are presently violations of the PO.
46 The definitions for the different types of yards appear later in the PO. (See
2006.5 et seq.)
2005.8.
The PO does not define "court". Courts are very typical and practical in
tropical and sub -tropical climates. Indeed, given the energy crisis, their use will
almost certainly become more frequent in the Miami area. Particularized defini-
tions of types of courts and regulations pertaining to them are found at proposed
Section 2013.6.
2005.9.
The term "buildable area" is not defined in the PO.
2005.10.
The material here varies considerably from PO, II-2 (46). The PO definition
has allowed parking facilities to escape control under lot coverage limitations. The
proposed language refers only to buildings, eliminating the need for making tedious
calculations on coverage by walls and fences, swimming pools, and the like. The
proposed language simplifies determinations concerning coverage. (The reader, on
the point, may wish to refer to BBR, 304-305.)
2005.11.
PO, IV-9,10, & 11, are provisions not normally found in zoning ordinances.
The reason the material appears in the PO results from the fact that the City of
Miami has no subdivision regulations! Items I through 4 of IV-10 are not necessary
in view of proposed Section 230. But it was felt that IV-9, 10, & I I had to be
retained in part simply because of the lack of subdivision regulations.
The only valid purpose in the City of Miami for requiring platting prior to the
issuance of a building permit is to insure the installation of those items that have a
substantial relationship to the public welfare (streets, sidewalks, utilities, etc.). In
a good many instances, those items are already installed and to require platting is
to require a vain and useless act in those cases. Proposed Section 2005.11,
therefore, is designed to gain the valid objective of public facilities, where they are
needed, but not to require platting where such items are already installed.
Section 2006.
This proposed section deals with regular lots --measurement, types frontage,
and yards.
2006.1.
This proposed language changes the method of measuring lot width. (Cf, Po,
II-2 (52).) While the PO language is quite satisfactory when dealing with customary
rectangular lots, there are just enough nonrectangular lots (particularly in and
around waterfront areas) to cause difficulty when trying to use a requirement
rneant for rectangular lots. Note the use of diagrams, a practice followed several
-33-
times in the proposed ordinance. Diagrams can be legally a part of an ordinance,
and they often serve to make otherwise difficult language clear.
2006.2.
One of the major recommendations made by the consultants in evaluating the
PO was that the City of Miami should adopt the land use intensity system (LUI) as
the basic medium of control for residential densities. (The LUI system is discussed
in considerable detail in BBR, 84-124, and see proposed Section 2010-2013.) That
system is based on gross lot area, rather than net area. Thus, proposed 2006.2.1
defines net area as a starting point; 2006.2.1 is substantially the definition on the
point of PO, 11-2(43).
Proposed 2006.2.2 then proceeds to define the gross area of a regular lot.
Some lots are contiguous to permanent open space --lakes, bays, other waters,
streets, public parks, and the like. Other lots may front only on one street without
abutting other permanent open space. Use of gross lot area as basis for
calculations for FAR, open space, etc., is much fairer when the gross figure is used.
It may noted, incidentally, that real estate appraisals have always recognized the
factor of abutting permanent open space; a corner lot is given a higher value than
an interior lot even though the square footage involved and the lot dimensions are
identical. There is nothing very novel about recognizing the gross lot concept for
regulatory purposes as well.
The entire LUI system is based on gross lot area.
2006.3.
The PO simply does not address the problem raised by lots that do not follow
a standard pattern. The PO defines an "interior lot" (11-2(48) ) but does not define a
through lot, a corner lot, or a reversed frontage lot. The use of the diagram of
2006.3 greatly facilitates understanding of the definitional language.
2006.4.
Note how the terminology of previous Section 2006.3 is brought into play in
the material dealing with determination of lot frontage. Determination of what
cnostitutes "lot frontage" can be a somewhat difficult, and even arguable, matter
at times. The above material establishes rules by which the zoning administrator is
to he guided in making such determinations.
2006.5.
This section is concerned with how determinations are to be made for the
various types of yards. In reading the some four pages of material, the reader will
be helped by referring to the diagram, Section 2007.8.
The Section sets rules for the guidance of the zoning administrator in making
determinations on depths or widths and locations of required yards. Note that a
variety of possibilities are covered. The PO is silent on these matters, which is
perfectly satisfactory where lotting patterns are "normal" but which can occasion
difficulty where they are not.
On yards generally, the reader might look at BBR, 314-318. This reference is
particularly critical of PO yard treatment.
-34-
Most of the subsections of this Section do not require comment. Some note
must be taken, however, of 2006.5.1.3. In the PO, a variety of approaches, district
by district, are offered where one has, for example, a "side street yard". The
language above offers a single standard, though in any new ordinance a specific
district might alter the above formula somewhat. This is a rather standard
provision in many ordinances, though the figure is sometimes one-half rather than
three-quarters. The approach above is sound and proven.
Under Section 2006.5.2.1, the front and rear yard run across the entire width
of a lot. (See, to illustrate, diagram at 2007.8.) Side yards become true side yards
under the proposal. Just why front yards "always" ran across the front of a lot but
a back yard ran only within side yards, no one has ever been able to answer; it was
just the "way things were done". And it is illogical.
Section 2006.5.4 (special yards) is necessary because there are occasional lots
having a conformation where the customary "rear, side, and front" nomenclature
simply does not fit. (See diagram for yards on irregular lots at Section 2007.8.)
Section 2006.5.5 adds another type of yard to the zoning ordinance not found
in the PO. This "waterfront yard" (as with all other yards) varies from district to
district on the schedule of district regulations. The reason for a waterfront yard is
quite simple when one thinks about the matter a bit. On a waterfront lot, there is
a front yard next to the street. But the district requirements for back yards (which
would be the waterfront in this case) may not be adequate.
Section 2007.
is This Section treats irregular lots. Reference might be made to proposed
Section 2005.6 where the term is defined and the discussion on that definition as a
basis for better understanding of Section 2007. None of the material of 2007 is
found in the PO. Were it presently a part of Miami zoning, some, if not all, of the
difficulties that have been brought to the consultants' attention dealing with
subdivision of long, narrow (but large in area) lots in the Grove might have been
avoided. (See particularly proposed Section 2007.6 and 7.) The approach taken in
this Section for the treatment of those relatively few occasions where properties
simply do not conform to "normal" lotting patterns is a sound one.
2007.1.
The language given obviously contemplates some so-called "flag lots". These
are lots where the "pole" of the flag has frontage on a public or approved private
street and the pole is an accessway. The pole would not be counted in determining
lot area, except in the limited context of the last sentence. Property handled there
is nothing "wrong" with flag lots except that historically all lots were supposed to
be rectangular!
2007.2.
The lot may be irregular, but that is no reason not to require the same side
clearances as for other regular lots in the district.
2007.3.
a Just because a lot is irregular does not mean that the same meaningful yards
-35-
and open space should not be provided as for other regular lots in the district.
2007.4.
Comment on 2007.2 & 3 above is applicable here as well.
2007.5.
One of the toughest problems with irregular lots is often that of access. Here
basic requirements and additions or reductions are related to performance, with the
Class C special permit as the instrument for working out the particualr details in
individual cases.
2007.6.
While there are no subdivision regulations as such at present in the City of
Miami (there are some specifications set out by the City Public Works Depart-
ment), there may be some day, so that language is included. One can always create
conforming lots from a larger parcel. The important control in this 2007.6 is that
which prohibits leaving any substandard lots (as that term is defined at 2005.4).
2007.7.
As mentioned before, the consultants have had pointed out to them certain
problems under the PO with the subdivision of relatively large land parcels that are
narrow in width (often as narrow as 100 feet) but as long as 1200 or 1400, or longer,
feet. The language of 2007.7 gives an instrument for subdivision that the PO does
not. No useful purpose is served in the case of lands of this type by not permitting
subdivision (except that of providing neighboring properties with a large area of
undeveloped land!). Remember that each of the lots so created would still have to
meet area requirements of the district and the other requirements of Section 2007.
2007.8.
The diagram provides an explanation for yards on regular and irregular lots.
Section 2008.
This Section treats the detailed regulations on the various uses to required
yards might be put --structural projections into yards of porches and entries,
canopies and awnings, fences, walls and hedges, and the like.
2008.1.
This subsection deals with structural projections into required yards and open
spaces. The language is apt to be somewaht controversial. It changes PO
requirements (IV-16 (I, 2, 3, 5, & 6) ), and it should be noted that PO requirements
vary considerably from item to item. Under the PO, for example, sills and belt
courses may project 12 inches into a required yard while a fireplace can project 2
feet into the some yard. One can wonder whether there is any valid reason, ground
in the police power, for such distinctions, particularly when a fireplace runs up the
side of a structure but a sill or belt course is customarily (but not always) slightly
above ground level.
sr-1
In the schedule of district regulations, an effort has been made to have side
and rear yards be of the same depth or width. Given this fact, and if that approach
40 is adopted, the differing projections of the PO appear even less reasonable.
The language of 2008.1 establishes a single, uniform projection rule on the
items listed.
2008.2.
The PO treats the projection of porches and entries into required yards at IV-
16 (7). The proposed version and its three subsections changes some lengths and
includes important "visibility triangle" limitations. (On visibility triangle, see
proposed 2008.9.) The PO requirement that prohibits the roof structure of a porch
or entry from being vertically supported is dropped.
Why the language of PO, IV-16 (7) reads as it does no one seems to know. The
language applies in all districts and, at the least, the single family districts should
be exempted. In any event, the language of 2008.2 and its subsections seems
somewhat more realistic.
2008.3.
Treatment of awnings and canopies is combined in proposed 2008.3. They are
separately handled in PO, IV-16 (4 & 8). The PO does not incorporate the South
Florida Building Code reference. Technically, it is not necessary to do so, but it is
wise to "signal" such a matter. Proposed 2008.3 and its subsections set out a more
complete regulatory scheme for canopies and awnings than is true in the PO. It
should be noted that the PO applies only in multiple family, commercial, and
Is industrial districts. There are certainly uses in single family districts where
problems may arise, for example, houses of worship.
The formula of the PO is changed in 2008.3.1. Side yard requirements may
vary in width from district to district. The PO permits awnings to come within two
feet of a side lot line regardless of the width of the required yard.
Proposed 2008.3.4 applies only in connection with multifamily, hotel,
commercial, service, or industrial uses.
20.E
Provisions on sign regulations are found in Sections 2025 and 2026. The
language of 2008.4 is merely a reminder that district regulations control the extent
to which a yard encroachment is to be permitted by a sign.
2008.51
Fences, walls and hedges usually invoke controversy when attempts are made
to control them. Miami amended the PO recently on this point. (See IV-17.) The
language of 2008.5 incorporates the basic eight foot requirement. The 2008.5
material must be read in conjunction with proposed Section 2008.9. (Vision
Clearance.)
PO, IV-17 (3), requires that where "nonresidential use activities" are
developed adjacent to residential uses, a fence shall be erected. This probably a
more severe requirement than was intended. Thus, in a C-2A district, where there
-37-
are two residences and one is converted to a crafts shop, the fence would be
required. It is assumed that it is the interdistrict control which is sought, and this
will be handled in transitional requirements. PO, IV-17 (4) prohibits use of broken
glass, spikes, rusty nails, etc., (presumably as a wall -topper, although this is not
made clear). This provision, PO, IV-17 (4), should be a part of general City
ordinances rather than a part of the zoning code. If a policy decision is taken to
retain the material in the new zoning code, it should be added at this point.
2008.6-2008.7.
Reserved.
This proposed material deals with offstreet parking as an encroachment into
required yards. It contains considerable material not found in the PO. Nomen-
clature for the various districts mentioned is that of the proposed schedule of
district regulations. Textual material on offstreet parking and loading is set out at
proposed Sections 2017, 2018, 2020, 2022, and 2023. Notice the reference to
landscaping. The consultants have for some time been recommending that the City
should adopt a separate landscaping code. If and when that task is ever
accomplished, the almost casual reference here (and elsewhere in the ordinance) to
landscaping would be replaced with reference to landscape code. Details on
landscaping should not be a part of a zoning ordinance.
,T1 • .
There can be little argument that zoning should control visibility at inter-
sections, and in yards where cars come out into public ways. There are some
problems with PO, IV-18, in this regard. The PO's three foot requirement is simply
not adequate for small children. Low slung foreign cars combined with smaller
children make a 292, rather than a 3, foot requirement necessary. The present eight
foot minimum should be raised to ten feet. Proposed Section 2008.9.2 includes
these recommendations.
The PO breaks down visibility triangle requirements as between residential
and nonresidential districts. A better classification is between those districts in
which yards are required (generally residential districts but not exclusively so) and
those in which yards are not required (commercial and industrial but, again, not
exclusively so). (Proposed Sections 2008.9.2 and 2008.9.3.)
The PO does not, technically, control visibility for driveways in front yards.
2008.10.
The items covered by this proposed language might just as well be legalized.
They are going to be put into front yards and street yards anyhow. The PO does not
mention them. The reader interested in control of signs on bus shelters, benches,
and curbside delivery receptacles may refer to proposed Section 2025.3.13 & 14.
Section 2009.
Reserved.
MR011
An Introduction to Sections 2010, 2011, 2012, and 2013.
These four sections might constitute a separate Article if it is decided at a
later date to "break out" various materials of lengthy Article 20 and constitute
them as separate Articles.
Short Section 2010 is introductory to the three Sections that follow it.
Collectively, the four Sections adopt the land use intensity (LUI) systern as
the basis for regulating multifamily development in the City of Miami, and some
other types of development as well. This introduction attempts a general
explanation of the LUI system.
In January 1964, the Federal Housing Administration (FHA) began using the
land use intensity (LUI) system in processing applications for mortgage insurance on
all proposed planned unit developments. In 1965, it was similarly applied to
multifamily and attached housing outside planned developments. Since then, a
number of local jurisdictions have adopted the systern to local land use regulatory
purposes. The LUI system, originally intended for mortgage guarantee purposes,
has proved to be a viable basis for land use control, a system superior to traditional
approaches that have been used.
The City of Miami over the years has utilized some of the elements and the
terminology of the systern--though in sometimes contradictory and ambiguous
fashions. Terms like "floor ;.rea ratio" or FAR, for example, have their origin in
the LUI system. Relationships in the PO between square footage of floor area and
lot area (again FAR) have roots in LUI.
One of the major recommendations of the consultants in their critique of the
Miami PO was that the entire LUI approach be utilized in any new zoning ordinance
that was adopted.
The LUI system and its related controls have substantial advantages over
older zoning strait -jackets which unnecessarily constrain design without corre-
sponding public benefits, or in some cases fail to control matters which should be
controlled. The disadvantage to the system is that it is "new" to most people.
Being unfamiliar with the system, there is automatic suspicion of it --not to
mention a lack of desire to spend any tirne learning about it! There is, also, a very
human tendency in each of us to prefer that to which we are accustomed, even
while recognizing faults, to "sornething new".
The truth of the matter is the LUI approach is not all that difficult to grasp if
a person is willing to spend conscientiously some small amount of time examining
it. Webster's Collegiate Dictionary defines a "system" as a "regularly interacting
or interdependent group of items orming a unified whole". The LUI system is a
s stern.
In the LUI system, the LUI scale establishes a broad range of intensities for
development, making the LUI approach applicable in a range from remote rural
areas to prime central locations in high density major metropolitan areas. The
placing of an LUI scale number on a location (called a LUI sector) automatically
carries with it a set of development relationships dealing with matters of
residential floor area, required minimum open space (which may be broken down
-39-
into different types), required livability space, required recreation space, and
required offstreet parking. The reader should refer to the full page table provided
with this discussion, bearing in mind that the top range of the table, LUI 80 (scale
or sector number) can be extended and that Miami will not need a range as low as
LUI 30. Remember that the calculations to be made are based on gross, not net as
at present, lot area. The Table is located at page 42 of this commentary.
As an example, take LUI 50 and a lot with a gross area of 25,000 square feet.
The following claculations, with factors taken from the chart, would result in
requirements as shown:
25,000 x FAR .400 = 10,000 square feet maximum FAR
25,000 x OSR .72 = 18,000 square feet minimum in open space
25,000 x Livability space .44 = 11,000 square feet in livability space
25,000 x Recreation space .052 = 1,300 square feet in recreation space, which
is a part of livability space.
The number of offstreet parking spaces required will depend upon how the
developer uses his 10,000 square feet of FAR to create living units.
Reference to the perpendicular material at the left hand side of the table
(and realizing that 18,000 square feet of the gross lot area must be in open space)
will show that the developer will be in the range of a two or three story apartment
structure for his lot. He will not be able to erect a one story, 18,000 square foot
dwelling structure!
Thus the LUI system carefully integrates for residential purposes residential
floor area, minimum open space, minimum livability space, minimum recreation
space, and offstreet parking. The system works if it is used as a complete system.
The PO basically uses lot area per dwelling unit as an instrument for control
of population densities (sometimes coupled with FAR requirements which may or
may not always be related). The proposed ordinance, based on the LUI system, does
not use the lot area per dwelling unit approach. Establishing a maximum
residential floor area is better density control than the crude limiations of the PO,
since it allows flexibility in meeting housing demand in terms of units but holds
population per land area unit relatively constant. Except in very rare cases, an
efficiency apartment is not used by a large family. The LUI system permits the
developer to determine, based on his analysis of the potential market, how he will
use his FAR in terms of sizes of dwelling units.
A last general comment. The consultants spent a good deal of time in the
evaluation of the PO discussing the the LUI system and comparing it to the PO in
great detail. The reader of part 4 of BBR can learn a great deal about the details
of the system, perhaps, even more than he wants to know!
Section 2010.
This Section is introductory to the three which follow it.
Section 2011.
This Section formally adopts the LUI system. The federal documents
-40-
mentioned are the basis for the system and must be set out in the proposed
language. They are declared to be a supplemental guide for future multifamily
to development. (For the curious reader, the other volumes of the federal set deal
with single family housing and care -type (nursing home) housing; at this time, these
materials do not seem applicable in the Miami context.)
2011.1.
Since the original purpose of the federal materials was to serve as guidelines
for mortgage guarantee, some modification of them (primarily procedural) is neces-
sary to bring them meaningfully into the Miami context. The two subsections of
2011.1 perform this function. The determination of the range of LUI sectors and
their boundaries must, obviously, be performed by the City, for the range of the
LUI sectors determines the range of residential density and the locations of the
various density determinations is a local matter. (In using the LUI system for
mortgage insurance determination purposes, it is FHA which determines what LUI
designation a particular location should have and, hence, what mortgage insurance
determination should be made.)
Proposed Section 2011.1.2 simply crakes it clear that local officials are
making the determinations in using the systern as a basis for regulatory activity.
Section 2012.
The language of this proposed Section simply says that the LUI system applies
to residential uses, except where the proposed ordinance in its specific terms
applies it to office and commercial uses. In the various subsections of this Section
Is 2012, the language used in the various definitions and requirements follows closely
that of Minimum Property Standards (MPS).
2012. 1 *
Use of gross land area is critical to the LUI system, for all calculations are
based upon it. While the specific language of this subsection relates to planned
development, later materials in this proposed 2012, utilize gross land area for lot -
by -lot approaches to development. The use of gross land area is consistent
throughout the proposed ordinance. (The reader may wish to refer back to the
definition of "gross area of a regular lot" at 2006.2.2.)
2012.2.
Within the context of the land use element of the comprehensive plan, a new
zoning ordinance must take account of increased emphasis on "mixed uses". While
most problems that may be raised by mixed uses (e.g., commercial, professional
office, and residential uses in the some structure or in the same complex) will
normally be treated in the schedule of district regulations, there may arise circum-
stances in larger scale development where a definition of the term "residential land
area" will be useful, if not necessary. Hence, the language.
2012.3.
The language deals specifically with residential floor area. PO, I1-29,
is defines "floor area" generally. Note that the language of proposed Section 2012.3.1
is similar to the general definition in P0, but with important additions in the
LUI RATIOS AND FAVORABLE LUI RANGES FOR
VARIOUS BUILDING TYPES
y
W
a
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z
H
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a
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m
W
5
0
a
a
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C..
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W
C.9
z
E-
E
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z
W
EH
z
F4
F�
I
1
LAND USE
LUI RATIOS
x Grow Land Area
x Living
Units
INTENSITY
Floor
Open
Livability
Recreation
Occupant
Total
RATING
Area
Space
Space
Space
Car
Car
LUI
(FAR)
(OSR)
(RSR)
(RSR)
(OCR)
(TCR
30
.100
,80
.65
.025
2.0
2.2
31
.107
.80
.62
.026
1.9
2.1
32
.115
.79
.60
.026
1.9
2.1
33
.123
.79
.58
.028
1.8
2.0
34
.132
.78
.55
.029
1.7
1.9
35
.141
.78
.54
.030
1.7
1.9
36
.152
.78
.53
.030
1.6
1.8
37
.162
.77
.53
.032
1.6
1.8
38
.174
.77
.52
.033
1.5
1.7
39
.187
.77
.52
.036
1.5
1.7
40
.200
.76
.52
.036
1.4
1.6
41
.214
.76
.51
.039
1.4
1.6
42
.230
.75
.51
.039
1.4
1.5
43
.246
.75
.49
.039
1.3
1.5
44
.264
.74
.48
.042
1.3
1.5
45
.283
.74
.48
.042
1.2
1.4
46
.303
.73
.46
.046
1.2
1.4
47
.325
.73
.46
.046
1.2
1.3
48
.348
.73
.45
.049
1.1
1.3
49
.373
.72
.45
.052
1.
1.3
50
.400
.72
.44
.052
1.1
1.2
51
.429
.72
.43
.055
1.0
1.2
52
.459
.72
.42
.056
1.0
1.2
53
.492
.71
.41
.059
.99
1.1
54
.528
.71
.41
.062
.96
1.1
55
.566
.71
.40
.062
.93
1.1
56
.606
.70
.40
.065
.90
1.0
57
.650
.70
.40
.065
.87
1.0
58
.696
.69
.40
.070
.84
.99
59
.746
.69
.40
.075
.82
.96
60
.800
.68
.40
.080
.79
.93
61
.857
.68
.40
.080
.77
.90
62
.919
.68
.40
.083
.74
.87
63
.985
.68
.40
.085
.72
.85
64
1.06
.68
.40
.085
.70
.83
65
1.13
.67
.41
.090
.68
.81
66
1.21
.67
.41
.097
.66
.79
67
1.30
.67
.42
.104
.64
.77
68
1.39
.68
.42
.104
.62
.75
69
1.49
.68
.43
.104
.60
.73
70
1.60
.68
.43
.112
.58
.71
71
1.72
.68
.45
.115
.57
.69
72
1.84
.69
.46
.115
.56
.67
73
1.97
.70
.46
.118
.54
.65
74
2.11
.71
.49
.127
.52
.63
75
2.26
.72
.50
.136
.50
.61
76
2.42
.75
.51
.145
.49
.60
77
2.60
.76
.52
.145
.47
.58
78
2.79
.81
.56
.145
.46
.56
79
2.99
.81
.56
.145
.46
.55
80
3.20
.86
.61
.160
.44
.54
V
N
-42-
w
matter of "exclusion" instead of "inclusions". Defining "residential floor "area" is
of particular importance in connection with structures proposed that may contain
is mixed uses.
The type of limitation of 2012.3.2 is certainly implied in the PO as it is within
LUI system itself. It is better to spell the matter out clearly. Note the use of
gross residential land area as the base to which the LUI multiplying factor is
appl ied.
2012.4.
In working with definition of 'open space" and those definitions of various
types of open space that follow, the reader should bear in mind that the major
heading of Section 2012 is "Definitions and Methods of Measurement Relating to
Standard LUI Ratios . . ." In other words, these definitions are part of the core of
the LUI system.
The general definition of "usable open space" found in the PO, II-93A, is
criticized by the consultants in BBR, 52-55. The reader should note how the de-
finitions given here offer suggested corrections to the language of the PO which,
taken with the definition and reauirements for "livability soace" at Section 2012.5.
make for a much more realistic regulatory system.
In 2012.4.1.2, roof areas and unenclosed exterior balconies are op. n space, as
they should be. Why such space, if suitably improved, should not be counted, or
why only open space at ground level should be counted, is difficult to rationalize.
In 2012.4.1.3, there is a departure from the MPS definition of "covered open
40 space". The MPS language requires "two or more clear unobstructed open or
partially opened sides". The language of 2012.4.1.3 is justified in the Miami
context, with its potential for outdoor living. The language given is justified to
permit privacy and security walls separating portions of balconies serving individual
living units. The "two sides open" requirement would tend to discourage this
arrangement, if open space is a critical factor in particular plans, and would make
space enclosed on more than two sides count as floor area. Credit toward livability
or recreation space is relatively small here (since in the general formula only half
of covered open space is counted), but potential side effects on floor area might
inhibit desirable balconies.
In 2012.4.2, the language is that of the LUI system for the determination of
open space.
2012.5.
The PO, II-93A, definition of "usable open space" resembles conceptually this
definition of "livability space" and "pedestrian open space". Separating out, as
2012.5.1.1 does, open space generally from that portion of open space that is
devoted to livin makes for much easier administration. Conflicts of interpretation
will still arise occasionally for particular developments, but this language ties the
entire matter down more clearly than is the case with the PO. (Note also material
on recreation space, Section 2012.6 following.)
In 2012.5.1.2 the definition given for "pedestrian open space" parallels that
used for "livability space" at proposed Section 2012.5.1, except for the ground level
requirement (unless modified by regulations for a particular district or land use
-43-
intensities) and the illustrative provisions concerning arcades, etc.
The language of 2012.5.2 sets the method by which the amount of required
livability space and pedestrian open space will be determined.
In 2012.5.3, computations on small lots in corner locations in low -intensity
districts indicate that in some instances the inclusion of proportionately large
amounts of adjacent open space to derive gross land area raises livability space and
pedestrian open space requirements to such a point that virtually no room is left
for building or parking. Thus a 60 x 100 foot lot at the corner of intersecting 60-
foot streets acquires 5,700 square feet of open space bonus, an amount equal to
95% of net lot area. In LUI sector I, assuming 1,350 feet of livability space in
right-of-way, application of LSR .52 leaves 4,734 square feet to be provided on the
lot (79% of lot area) and leaves only 1,266 square feet for building and parking.
Application of the formula suggested above would reduce on -lot livability space
requirements to 3,272 square feet, 55% of net area, leaving 2,728 square feet for
building and parking, a workable solution.
20
Not all open space is livability space and not all livability space is recreation
space. The LUI system, unlike the PO, provides carefully for all three with the
required amounts based on the LUI sector designation.
MPS 303-3 requirements for recreation space are varied somewhat by
2012.6.1. The language drops the MPS minimum of least dimension of 50 feet,
average dimension of 100 feet, and minimum area of 10,000 square feet. Scale of
development in Miami will not usually require this much recreation area, and
flexibility should be allowed for a variety of small-scale recreational spaces. In
addition, language proposed credits space serving individual units to a limited
extent. Limitations imposed are intended to prevent satisfaction of general
requirements by relatively large recreational areas at a few units.
The language of 2012.6.2 is that of the LUI system.
20. 12.7
In the PO, XXIIi, offstreet parking requirements in multiple family dwellings
are handled traditionally. A certain number of spaces, or portions of spaces, are
required for each dwelling unit.
In the LUI system, a distinction is made between what is called the occupant
car space and total car space. The difference between occupant car space and
total car space is, of course, to allow for guests. This distinction is not found the
PO.
There is, however, a much more important distinction between the PO and
the LUI system on this matter of required offstreet parking spaces. It is probable
that the distinction will provoke a good deal of discussion. Basically, the higher the
LUI factor, the lower the required number of total car spaces per dwelling unit.
The original LUI system was established prior to the energy crisis. The theory at
that time was that persons living in areas of the City that were more densely
developed would be less apt to have an automobile or would have only one vehicle.
With the energy crisis, the LUI system becomes an even more reasonable
-44-
approach to the requirement of offstreet parking. The reader will probably be
aware of the fact that some American cities have been giving serious consideration
to setting maximums for offstreet parking spaces in the very densely developed
areas of suc ciTi 'mot es.-`
This is a verX strong caution that must be offered on this matter of required
offstreet parking. The system is just that a system. The PO, as well all
know, utilizes some of the elements of the LUI system. One of the reasons for a
good many of tFe problems that Miami presently has derives from the fact that you
cannot really adopt some of the elements, while not adopting others, and expect
the system to work.
Section 2013.
This is an important section of the proposed ordinance. It may also be
somewhat difficult for persons unfamiliar with the LUI approach to grasp easily.
PO requirements for open space and building spacing are so varied (and in some
instances contradictory, ambiguous, or downright wrong), however, that the
material of Section 2013 offers a good opportunity to clear up a number present
problems.
This material is an integral part of the LUI system and is derived in the main
from MPS. It must be understood as a part of a total system and it must be related
to proposed Section 2012, preceding. The reader should be interested in the
following references:
P0, IV-15 (extensive treatment of building spacing requirements)
40 PO, VI-6 (1) Q) (townhouse grouping)
P09 XXI-3-8 (special yard and open space requirements for SPD-I,
Central Island District)
P0, XXI-3-10 (building spacing for SPD-I district)
P0, see generally, yard requirements for various districts
BBR, 90-94
The City of Miami has been relying in large degree on requirements for yards
as the medium for handling building spacing requirements. This approach has a
certain utility, of course, but it takes no account of the fact, particularly in areas
of larger structures, that building walls serve different purposes. The reader will
note that this Section 2013 recognizes primary, secondary, and tertiary walls.
Requirements are set for different types of walls so far as open space and building
space are concerned. The recommendation in founded on the premise of requiring
greater spacing where it is needed and less where it is not. Spacing is thus related
to intended function, and constitutes a form of performance standard.
The PO emphasis on using yard requirements as a primary means for
regulating building spacing has another unfortunate consequence. Since each
zoning classification sets differing requirements, elements of unfairness and even
discrimination inevitably creep into the treatment of different properties in
different districts. Under Section 2013, spacing requirements do not vary with LUI
ratings, but apply generally. Required clearances from lot lines Fr —other buildings
on the some lot are based on the types of building walls and windows involved and
the height and the length of the building wall. Separation for opposing building
go walls on the some lot becomes the sum of individual clearances. Certain fixed yard
requirements remain, of course. But these may now, in some instances, be reduced,
-45-
affording greater design flexibility while at the same time insuring proper spacing
based on functional requirements.
For further treatment on these points, the reader should read, at least, BBR,
90-94. The chart at BBR, 94, should be particularly instructive in noting
comparison of PO requirements in selected districts with those that would operate
under proposed Section 2013. Section 2013 would require more spacing in some
instances and less in others as compared to existing zoning categories.
2013.1.
In the intent material of 2013.1 note the emphasis on function. Remember,
too, that 2013 is to be applied in multifamily resident iard s r cts (the RG-
Residential, General, nomenclature is used in the schedule of district regulations
for multifamily districts where multifamily structures and uses are permitted).
Thus, 2013 is to be uniformly applied throughout the City for these types of
structures.
2013.2.
The PO does not take adequate account of the functions to be served by yards
and open spaces. Section 2013.2 material sets some general criteria for having
open space at other than ground level. No reduction of the totals of such space is
contemplated. The idea, rather, is to be able as a matter of design to arrange it
functionally and to be able to use such space, even though not at ground level, if it
meet functional requirements. A very practical result of this sort of requirement
in areas of high density is that the ground level open space can be so coordinated
and utilized so as to result in more attractive, as well as purposeful, design.
2013.3.
The 2013.3 material, and its subparagraphs which are a part of it, should be
considered in relation to proposed Section 2012.1. Remember that the LUI system
is based upon gross land area in terms of the requirements of the system and the
calculations necessary to implement it. The 2013.3 language and that which
follows is, therefore, in line with the basic concept of gross land area on which the
LUI system is based.
Reference can be made, too, to proposed Section 2006.2.2 dealing with what
constitutes the gross area of a regular lot for zoning purposes.
In 2013.3.1, see proposed Section 2013.5.6 for definitions of primary and
secondary windows (and tertiary as well).
Proposed Section 2013.3.1 is stated in absolute terms. The language of
2013.3.2 permits some flexibility as it relates to the character of the adjoining
permanent open space. A City tennis court immediately adjoining a lot to be
developed, with its accompanying noise and lights, would be quite a different
matter from a passive park in the some location.
2013.4.
The provision of 2013.4 simply insures that buildings will not be too closely
spaced where there are multiple structures on the some lot.
-46-
2013.5.
This material is concerned with the factors to be used in determining the
spacing of buidings to be used as living quarters.
Proposed Section 2013.5.1 contains a diagram. As previously noted, this is a
perfectly legal mechanism.
In 2013.5.2, the language will be clearer when read in conjunction with
another diagram at 2013.5.5.
The language of proposed materials 2013.5.3-5 should be fairly clear. There
are some policy changes from the PO, particularly in the matter of measuring
height in stories. If the energy crisis should bring about a return to an older age of
higher ceilings, then some reworking of that provision would be required.
If spacing requirements are to be related to types of walls and window, then
the various types must be defined and formulas established for determining such
requirements. Proposed Sections 2013.5.6.1-2013.5.6.7 set out such definitions and
provides the formulas.
The formulas of 2013.5.7 clearly relate requirements for open space to the
functions to be served, which is not the case with the PO and which properly should
be the case. Length of the building wall and its height are, in turn, related to the
type of wall.
The requirement of 2013.5.8 will probably have little applicability in Miami.
(In San Francisco the provision is critical!) Retaining walls, however, are found in
a few locations in the City, and the requirement should, therefore, be retained.
There is no similar provision in the PO.
2013.6
The matter of courts is not well treated in the PO. Courts have always been
rather common in Miami area architecture and apt to become more so as energy
costs soar and energy availability diminishes.
A proper approach to regulation distinguishes between "inner and 'outer"
courts as 2103.6.1 does. Dimensional considerations must be approached with some
care. (2013.6.2 & 3.) There can real problems, particularly with inner courts, in
case of fire or other emergency. For inner courts, reliance is placed on the South
Florida Building Code. There is no reason of safety that would set higher
requirements for zoning than for construction.
2013.7.
This Section sets generalized standards for situations not otherwise covered
in earlier detail.
Section 2014.
For a fuller explanation of the transfer of development rights (TDR) concept,
16 the reader is referred to BBR, 74-83. The PO makes no provision for TDR. The
concept is based on the idea that ownership of land is really made up of a bundle of
-47-
rights, not a single and indivisible overall right, and that portions of the bundle can
be transferred to others and other portions retained. Almost everyone, for
example, is familiar with sales of land where the mineral rights are retained rather
than running with the transfer of land title. Because each generation feels it must
somehow reinvent the wheel, there is a broad belief that TDR is somehow of recent
origin; the belief is false. The basic idea of the divisibility of rights in land can be
traced deep into the British common law.
Applied to land use control, the idea is that transfers of different types of
development potential --such as height and density --could be made from one piece
of land to another. Development potential would decrease on the land from which
the rights are taken and would increase on the land to which the rights are
transferred. Viewing the two pieces of land together, the overall development
potential remains precisely the same.
There is a good deal of misdirected enthusiasm, based on equally considerable
misunderstanding, about the utility to the planning and land use control process of
TDR. Many types of development rights, not just residential density, are subject to
transfer with properly drawn ordinances. Height, open space, offstreet parking,
and matters other than density are capable of transfer under a good ordinance.
There are at least a couple of difficulties that must be mentioned.
The first involves procedure. Possible inconvenience in the recording of
deeds to property involving transfers can be overcome, the nay -sayers to the
contrary and notwithstanding. Other aspects of procedure can be treated
satisfactorily.
The second is substantively serious and arises out of misguided enthusiasm.
From what locations to what locations should TDR permitted? From two
contiguous properties? From a property in Coconut Grove to a property in the
Little River area? The first situation offers no great problems. But transfers over
any considerable geographic area could result in administrative and substantive
nightmares.
Basically, proposed Section 2014 covers: (1) TDR between contiguous and
separately owned properties in the some zoning classification, (2) very careful)
restricted TDR provisions for noncontiguous properties, and (3) TDR between
properties separated only by a street or alley.
2014.1.
The most common form of transfer of development rights is transfer between
or among contiguous lots. Provisions of the type contained in 2014.1 can give
encouragement to entrepreneurs to undertake the onerous and difficult task of land
assembly in areas in the central business district; for they know that if fee simple
title cannot be secured, they may still be able to gain additional development rights
by negotiation with adjoining property owners. Quite frankly, it is this aspect of
TDR that offers a significant potential in future Miami CBD redevelopment.
For reasons stated in the commentary to proposed Section 2014.2, a Class C
special permit, issuable by the Director of the Department of Planning, is believed
to provide sufficient safeguards in the case of TDR for contiguous and separately
owned lots. The issuance of any type of special permit obviously depends upon the
making of an application, as in 2014.1.2.
In 2014.1.2.1, note the protections for adjoining lots not involved in the
particular TDR operation. And above all, TDR should not be accomplished solely
to for speculative purposes and without plans for development. Creating a market for
"trading in development rights" can't really be considered a proper function of the
police power!
The language of 2014.1.2.2 binds the prospective developers by covenants
(deed restrictions) to which the City becomes an enforceable party. Some legal
question on this point has been raised in Florida, but thus far there has been no
reported litigation. The general rule in Florida against rezoning with attached
conditions would not seem to apply where no rezoning, per se, is taking place.
Proposed Section 2014.1.3 deals with findings.
Findings are an essential part of any exercise of discretion. Note the
standards set out for the exercise of that discretion in these instances. Because
covenants are involved, it is particularly necessary that the City's Department of
Law certify them for legal sufficiency.
One of the arguments often advanced against TDR is the administrative
difficulty of keeping track of the transfers. Admittedly, this is a problem, but not
an insuperable one. The language of 2014.1.4 sets out a method of recording
designed to minimize the difficulty of knowing which properties are involved in a
transfer and the terms and conditions of the transfer.
The intent of 2014.1.5 material
to be made with full knowledge of the
the City.
2014.2.
is to insure that any changes in agreement are
private parties to the original agreement and
Development rights transfers between contiguous properties, as covered in
the preceding section, appear to present no major legal problems. Nothing is
permitted which would not be possible through consolidation of title within the
tract involved, perhaps with resubdivision and use agreements to allow the
consolidation of side yards. Since density, bulk, building spacing, and other details
are within limits which would be set if the tract were a single entity, and these
elements rather than pattern of ownership are the concern of public regulation, this
form of transfer of development rights is relatively routine and can be handled by
administrative permit.
Transfer between nonconti uous properties, however, moves into relatively
uncharted legal territory. In the language proposed there are procedural and
substantive limitations which should encourage judicial support in the event of
litigation. The transfer is permissible only after public notice and hearing, and is
acted upon by the governing body rather than a staff member or an appointed
board. Transfer is limited to at most the boundaries of the same district, and may
be limited to portions of the district, and must be for substantial public purposes
such as historic conservation, promoting appropriate action in Special Public
Interest districts, or providing parks or other public open spaces. There is a limit
of 25% on the amount of density or bulk that may be increased on any lot or tract.
No such transfer may increase potential bulk for the district as a whole.
Thus, while density or bulk on an individual lot may be increased within limits
set, the overall effect within the district remains balanced, and the action is in line
-49-
with the purposes of zoning. These limitations distinguish the approach suggested
here from others which propose shifting density or bulk to unrelated areas without
limit on amounts.
The language of 2014.2 contemplates the use of the major use special permit
as the administrative instrument for this category of TDR. (See proposed Articles
23 and 28.) This procedure, which directly involves the City Commission, will lend
support to the validity of TDR action in the event of legal challenge, while
recognizing that a different form of special permit would probably serve to protect
the substantive public interest just as well.
The 2014.2 language limits the use of TDR for noncontiguous properties in
degree. The phrase "substantial public purposes" can, the way the material is
drafted, cover more than the examples given. Where TDR between noncontiguous
properties is soug�it other than for the specified purposes, care would have to be
used in the demonstration of "public purpose." There might, for example, be a very
justified public purpose in approving TDR between noncontiguous properties in
order for a private party to erect some large complex in the Miami CBD--public
purpose in economics.
Remember in considering 2014.2.1 material that we are dealing with TDR
between noncontiguous properties. This material, short though it is, contains some
highly significant language and must be read and considered with care. The word
"district" refers of course to the boundaries of the zoning classification within
which the subject properties are located. But clearly, the language authorizes the
City Commission to establish some subarea, or portion, of that district as a basis to
which the remaining restriction of this CD Section 2014.2.1 applies. Such subareas
do not have to be created, but they may be. Proposed Section 2014.2.1 must be
cons i ere in connection with 2014.2.2 which follows.
So for as 2014.2.3 is concerned, a series of TDR actions may be necessary
rather than treating the entire matter in a single action. The choice will depend
upon the circumstances.
The idea of subareas, expressed in 2014.2.1, is clearly one of the
circumstances contemplated for the use of sequential major use special pemits for
this form of TDR. The 2014.2.3.1 language shows how a subarea might be
established as a matter of first priority, with actual transfers to follow for
individual properties within the subarea.
The material of 2014.2.4 places the authority to initiate subarea designations
and rights therein in the hands of the City. Obviously, there would private input
in such circumstances, but such designation is clearly a City function, just as it is a
City function to draw boundaries for zoning districts generally. Once the subarea
has been established individual property owners may initiate appp o ions for fire
assignment of resi uaI rights.
Proposed Section 2014.2.5 sets out the binding nature of the rights transfer
and makes the City a party in enforcement. Again, the sufficiency of the
covenants must be determined by the City attorney.
The some statement applies for the language of 2014.2.6 as was made in
connection with 2014.1.5. Note that the agreements to be recorded are those
actually involving transfers of development rights. The creation of subareas under
previous proposed language does not actually transfer rights; it establishes the area
-50-
within which transfer can take place.
40 If changes in transfers of development rights already recorded ore to take
place, the process should be as for the original transfer.
The 2014.3 language takes care of development situations involving non
contiguous property separated only by a street or alley. Note the carefully drawn
requirements in 2014.3.1 and 2014.3.2 which restricts transfers to: (a) lots which
must face each other for at least 25 percent of common street or alley frontage
and (b) maximum 75 percent of development rights transfer where lots are not in
common ownership.
Section 2015.
In addition to height controls found in the PO for individual districts (and
which will be found in the proposed schedule of district regulations), there are
general regulations which are necessary. Proposed Section 2015 deals with several
of these requirements. It should be noted that proposed Section 2016, which
follows, establishes a height envelope system of controls for the City.
2015.1.
In considering this proposed material, the reader may wish to refer to PO, IV-
21 (1)(a&0.
While 2015.1 material is basically that of the PO, there are a couple of
suggested changes. The coverage of roof figure is 10% in the PO; the
recommendation is to increase that to 20%. The energy crisis may require
increasing use of roof areas and there are other reasons for the recommendation.
Under the above language, penthouses not occupying more than 20% of the roof
area (in combination with other structures, of course) would not be counted.
Since Miami is presently engaged in controversy over roof signs, no mention
has been made in 2015.1 concerning them. This tracks the PO.
2015.2.
The first paragraph of 2015.2 is substantially that of the PO, IV-37, written in
somewhat stronger language.
The second paragraph of 2015.2 is not a part of the PO. Certainly, given the
problems that arise in this respect, some language and authority along the lines
indicated is desirable. The language of the paragraph is broad enough to cover
matters other than height. At the some time, there may be a question as to
whether or not the standard given, "reasonable doubts concerning aviation hazards,"
is a sufficient one to invoke the authority sought. In spite of this possibility, the
item has been included, with the thought that further efforts at writing an
improved standard might be undertaken, if desired.
20
The language of 2015.3 is that of PO, IV-21 (1) (b). The problem is that the
PO language is not satisfactory. Modern television broadcasting operations cannot
operate effectively at a height 150 feet above grade level. Present language on the
-51-
375 foot requirement in the C-3 (CBD) district is not clear as to whether it applies
from grade or an existing roof top. This matter will need later treatment. For the
moment, it constitutes a sort of "check" item.
Section 2016.
The consultants' critique of the PO called "height limitations in the Miami
ordinance erratic." (BBR, 56, and on height envelopes see 58-67.) The use of what
is known as the "height envelope approach provides a much more even-handed
system for maximum height determination and control.
A basic_ problem with tall buildings (though many persons simply dislike them
because they are tall!) is not their height per se but rather too much height on too
little land. A tall building properly sited on a lot of sufficient size offers little
problem in terms of light, air, bulk, view (a single story structure cuts view as
effectively at ground level as does a 20 story structure), and other considerations
used in justifying height limitation.
The PO has not treated the matter of height limitation in any consistent
context. Rather the matter has been dealt with in terms of particular zoning
districts and locations within the City.
There is, of course, no provision for the use of height envelopes in the PO.
The theory of height envelopes is relatively simple. The reader may wish to
look at the diagram which constitutes 2016.5 as a means of acquainting himself
quickly with the idea. Simply put, the schedule of district regulations contains, for
various districts, the language establishing basic angles within which no part of a
building may intrude. The larger the lot, the taller the building may be.
Administrative determination in this matter is not at all difficult. For those
accustomed to thinking in terms of absolute maximum height limitations, a bit of
adjustment to the principle involved will be necessary.
2016.1.
Miami does not have any great amount of land that is irregular or sloping.
Establishment of the "base plane" (plane I on the diagram at 2016.5) is in almost
every location, a simple process. For the occasional irregular or sloping situation,
the Planning Advisory Service Report 237 provides an equitable method of
determining the base plane. (One may note that the organization publishing the
Report is no longer the American Society of Planning Officials; the correct title is
now the American Planning Association.)
2016.2.
The distance from plane I to a parallel plane 2 is set out in the schedule of
district regulations for the zoning classification involved. (See diagram at 2016.5.)
2016.3.
The light plane angles-45, 60, 65 degrees or other --are again established in
-52-
the schedule of district regulations for the various zoning classifications. (See
to diagram at 2016.5.)
2016.4.
There will be some districts where the traditional, maximum height,
limitation approach is retained. Proposed Section 2016.4 incorporates this matter
(Plane III), where it may be found in the proposed schedule of district regulations,
into the height envelope system.
Section 2017.
Proposed Section 2017 deals with offstreet parking requirements generally.
Unlike the PO, the setting of actual numbers of offstreet parking spaces required is
either set for the most part for the various districts in the schedule of district
regulations or is a factor in the application of the LUI system. Materials on
offstreet pa —Ming and offstreet loading appearing in the text of this proposed
ordinance are truly general in their nature.
PO, XXIII, is the article that deals with offstreet parking and offstreet
loading. Specifically, XXIII-I, 2, 5, 6, 8, & 9 are the general provisions of the PO
which relate in largest part to the materials of proposed Sections 2017, 2018, and
2020. It should be noted, however, that provisions on offstreet parking and loading
are scattered about the PO. Thus, PO, IV-28, deals with parking of commercial
vehicles in residential zones. The various districts in the PO often contain
provisions on the point.
is PO, XXIII, is considered in detail in BBR, 398-420.
Proposed Section 2017 emphasizes general purposes and objectives together
with generally applicable regulations rather than specifications. The rationale is
established for specific regulations. Variation of the application of this general
material can then be accomplished depending upon whether or not there is a real
need for such variation.
2017.1.
Most of the language of this proposed subsection is probably present in the PO
by implication, but it is preferable to state specifically matters of this type. The
first sentence of the language of 2017.1 is buried deep in the PO, XXIII-2 (2).
The PO, XXIII-2 (4), language incorporated in the main in 2017.1.1, would
prohibit backing out from townhouses which are, after all, single family residences
(though attached). Language of 2017.1.1 extends the "backing out" context to
townhouses, which is fully as appropriate as permitting it for detached single
family residences.
The PO, especially XXIII-2, contains a good many rigid and at the some time
incomplete requirements on size of spaces, etc. Since Section 2017.3, infra,
proposes the adoption of a set of standards that would not be a part of the zoning
code, the reader is referred in connection with 2017.1.2 to the rather lengthy
commentary of 2017.3.
Specifically in relation to one aspect of 2017.1.2 language, this and the
-53-
succeeding subsection take account of the possibility of attendant parking. This
may be of particular importance in relation to hotels,motels, and restaurants.
Where there is attendant parking, it would obviously be wasteful of land to require
the same facilities as for self -parking. If the idea of attendant parking would seem
like a "dodge" for developers who would say they were going to have it and then
didn't, the idea of a Class B or C special permit for such attendant parking may
have merit.
Combine proposed Section 2017.1.3 with the first sentence of 2017.10 and you
have pretty well guaranteed access in offstreet parking facilities --provided the
provisions are enforced!
So far as 2017.1.4 is concerned, there is no approach of this type in the PO.
(And see discussion on 2017.3.)
2017.2.
The emphasis on smaller cars, which is certain to accelerate rather than to
decrease, requires attention in large offstreet parking facilities to the "mix" of
larger and smaller sized parking spaces. Whether a 35 to 40 percent maximum on
compact spaces is correct or not may be subject to argument. Unlike the PO,
however, the proposed language does not set out dimensional requirements.
2017.3.
A zoning ordinance is not the place for a manual on how to design, construct,
surface, light, landscape, screen, and maintain offstreet parking facilities. A route
much to be preferred is for the City of Miami to develop more complete
requirements (or to refer to standard works on the subject) and to adopt them by
reference. The term "City of Miami guides and standards" used in 2017.3 may be
adequate, but specificity, if not legality, would be improved if a morelexact
citation is used.
The PO contains a good deal of this sort of thing and recommendations were
made in the BBR to have this type of material removed from the zoning ordinance
and placed in separate City codes. (See BBR, XXV, major recommendation X.)
P09 XXIII-2 & 3, provides a combination of generalized and detailed
requirements relative to offstreet parking. In the case of PO, XXIII-2 (2),
treatment of details as to stalls and access aisles is rigid and inflexible --and
incomplete anyhow. There is no leeway for the type of performance -related
flexibility indicated at proposed Section 2017.1.4, and (for example) no coverage in
the PO of parking angles other than 900, 60 , or parallel, or for other than two-way
aisles. Present landscaping provisions, XXIII-3, are limited to offstreet parking
facilities and lots (but exclude "parking garages and buildings" --all buildings or
"parking" buildings?).
There are a good many other types of offstreet vehicular facilities not
involving parking --garbage removal, drive-in establishments, and the like. Devel-
opment of a referenced document, which the consultants have urged, would be far
more meaningful if utilized in this broader context.
On the matter of "standard" materials that might be utilized, note can be
taken of the Eno publications (and particularly "Parking Lot Design Standards," in
the July, 1973, Traffic Quarterly), A_Parking Standards Report, Vol. -I, Parking
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Standards Design Associates, prepared for Associated Organizations Committee
and Other Involved Groups, City of Los Angeles; and the standard work utilized by
all architects, Architectural Graphic Standards, published by AIA, the portion
dealing with offstreet par <iT`ng design.
2017.4.
As written, the language of 2017.4 would make the modification of larger
offstreet parking areas subject to the Class B special permitting process. There
will undoubtedly be some discussion as to whether or not a Class B special permit
should be required in all of these instances --and in a City the size of Miami there
are certainly a great many of them.
Offstreet parking lots (and to a lesser degree parking garages and roofed
parking), on the other hand, are among land uses occasioning the most frequent
adverse citizen comment. If the recommendation given by the consultants to
formulate a manual covering tRiese matters be taken (see commentary on 2017.3.),
then certainly one of the best ways to insure compliance at the outset is through
some form of special permitting for larger offstreet parking facilities.
2017.5.
The provision of 2017.5 is in support of low cost housing for the low income
elderly, and involves an actual reduction of offstreet parking requirements.
(Contrast with 2017.8 which does not t reduce the number of space required but
permits delay on actual improvement of them where conditions justify such action.)
The language of 2017.5 would not require the land for offstreet parking to be
iavailable on the premises, and thus might reduce the cost of housing.
Because an actual reduction of required offstreet parking could be accom-
plished for the specific purpose of 2017.5 language, the instrument for approval
suggested is that of the special exception. Remember that special conditions and
safeguards can be added. Reduction is a serious matter and should not be handled
by approval of the zoning administrator through Class A or B special permits.
As an aside, it should be remembered that substantial changes in the amounts
of required offstreet parking will be effected under a new zoning ordinance in
denser areas of the City upon the adoption of the Land Use Intensity system. Thus,
if facilities of the type covered under the above language were to be located in
more densely populated areas, resort to it might be infrequent.
In connection with 2017.5, the reader may wish to compare language with PO,
II-2 (38A), definition of "housing for the elderly," and XXIII-4 (2B), setting number
of required spaces in housing for the elderly.
2017.6.
Unlike 2017.5 which actually reduces the area required for offstreet parking
for housing for the elderly, 2017.6 a oT ws My special exception for developing 3/4 of
the required offstreet parking space into actual parking with the remaining area to
be used for open space or recreation. The total area remains, but only 3/4 of it
might be developed for parking. The idea is that, at some later date, the remaining
9a might be required for parking, and the City retains its right so to act.
lb Jus- ication for this type of approach is based, of course, on the idea of reducing
the cost of low income housing and the idea that inhabitants might have fewer cars.
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2017.7.
Some provision must be made for reduction of requirements in connection
with combined residential and office uses (not general commercial). Notice the
standards which must be met to justify such reTuction.
2017.8.
In connection with this material, the reader may which to refer to PO, XXIII-
2 (6), a provision notably lacking in needed and justified flexibility.
This proposed material, and its several subsections, sets up a new method of
treatment for deferring development on portions of required offstreet parking
areas. The PO operates on a year to year basis, with the approval of the Zoning
Board.
The language of 2017.8 attempts to give greater flexibility to the matter of
deferral while insuring that the public's interest in such matters is preserved. The
original deferral is by Class D special permit only, an action within the control of
the Zoning Board. Renewals may then proceed along either one of two lines as set
out in the materials that follow; determination of which line will be operative is set
in the original deferral action under Class D special permitting procedures. Notice
that findings are required.
The arrangements of 2017.8.2, and its sub -paragraphs, give flexibility lacking
in PO, XXIII-2 (6), and reduce the need for futile and time-consuming mandatory
reviews. The revocation provision provides protection against adverse public
effects where there is evidence that part or all of the deferred parking is needed
before the end of any deferral period, or that there is need for changes in
conditions and safeguards. Delay of the effective date of revocation allows permit
holders time to conform to ordinance requirements.
In 2017.8.3, we can recognize that the Class C or Class D special permit
involved can set the conditions and safeguards that would cover the methods of
treatment of the area of required offstreet parking that is not required to be
developed as parking. It is better to set out clearly the exact status of such areas.
2017.9.
Provision for combined offstreet parking should certainly be encouraged,
where it makes sense. The PO, XXIII-5, does not, however, contain any standards.
Further, such com�ned parking is, under the PO, a matter of right without regard
as to whether or not the proposal is really justified. The 2017.9 language puts the
matter in a Class C special permit context, thus giving an opportunity to assess a
proposal in the light of standards given. There is an opportunity to look the idea
over and to add conditions and safeguards, if necessary.
Omitted from 2017.9 is the PO language which permits the use of offstreet
facilities for one activity to be used by another if "the periods of usage will not
overlap or be concurrent with each other;' a determination presently required of
the Zoning Board. There is no real objection to the inclusion of this provision, yet
note that abuses have arisen under language of this type.
2017.10.
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As phrased, this language would not prohibit a separate rental charge for the
space as a whole in connection with leased or rental property. The purpose of the
prohibition is to prevent charging individuals rent for space, with the result that, in
case they do not choose to pay rent, they park on the street or elsewhere and the
space is not used. There are instances in Miami where building owners are renting
out offstreet parking spaces required for their buildings to persons not working in
such buildings. Notice that the prohibition applies to required parking. Where a
developer puts in spaces above the required amounts, t en the language does not
apply to those extra spaces. This may pose some administrative and enforcement
problems! Note a so the provision for the sale of offstreet parking space in
connection with condominium development.
2017.11.
P09 XXIII (4) (33) deals with offstreet parking method of measurement.
Proposed 2017.11 covers the same material in a more precise fashion.
2017.12.
As written, the provision is a bit "tricky," in that it includes bicycles, wagons,
and the like. If the desire ultimately is to limit the application of the provision to
automotive vehicles, then word "automotive" must be inserted.
Section 2018.
PO provisions are inadequate on this quite important matter. (See, XXIII-2
(1), and IV-29, on use of residentially zoned property for access.) The only present
justification set out is "size, shape, or location." The PO is not clear as to who
administers the PO provision. It does not take account of the wide range of
"seriousness" that might be involved. With the energy crisis, this matter can
become of increasing importance. Further, given the fact that Miami is in a
redevelo ment context, provisions for meeting required offstreet parking standards
in off site locations become far more pressing.
Unlike the PO, this proposed material attempts to sort out various offsite
situations, making provisions for each type.
In the material of 2018, the reader will note that PO, IV-29, the provision
prohibiting the use of residentially zoned property for access to non -residentially
zoned properties, has been somewhat qualified.
2018.1.
PO, XXIII-2 (1) sets a single standard --at 300 feet (without indicating how
point-to-point measurements are to be made). Proposed language provides for an
increase to 600 feet.
2018.2.
Proposed Section 2018.2 and its subsections deals with those situations where
the offsite parking proposed is to be located on adjoining or abutting lots. (Section
2018.4 treats those circumstances where it is proposed to use noncontiguous lots
64 for these purposes.)
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So far as 2018.2.1 is concerned, PO, XXIII-2 (I), does not permit the use of
residentially zoned land for offstreet parking for commercial uses. 2018.2.1 would
relax this rather rigid rule, so that in designated transitional areas residentially :O�
zoned property mi t be used for such a purpose. Where half of a city block is
zoned commercia and the back half residential, it may make sense to establish a
system for using one or more lots in the back half for offstreet parking for the
commercial activity on the front half of the block --without having to rezone the
back half commercially. (Such rezoning, of course, o teen staarrts a chain reaction of
commercial zoning intrusion into residential neighborhoods.) Because matters of
this type are often quite serious, the special exception is the proper vehicle for
obtaining such permission.
The previous subsection treats the situation where the proposed offsite
parking facility is located on residentially zoned property and is to be used for
offstreet parking for a commercial activity. The material of 2018.2.2 handles the
situation where the offsite parking is to be located in a residentially zoned location
and is to be used in connection with a residential use. This matter is less serious
than that covered by 2018.2.1; therefore, the matter can be handled by Class C
special permit.
Lots for offsite parking purposes may not always, of course, be zoned
residential. The 2018.2.3 language covers these types of situations. Here, again,
the matter is not serious enough to warrant the use of a special exception and the
Class C special permit procedure is recommended.
2018.3.
Where governmental action has eliminated offstreet parking for private N
activities, simple equity requires that it be government that makes possible other
arrangements. Note that 2018.3 language does not require government to provide
the new parking! The language, rather, provides a mechanism for the private
activity to make an adjustment.
2018.4.
Section 2018.4 handles those situations where the proposed offsite facility is
not adjoining or abutting the use for which the facility is required. Again, the
special exception would be used for the more serious types of problems that may
arise and the Class C special permit (see 2018.4.2) for the less serious.
2018.5.
The material of 2018.5 is most important. Substantively, it tracks the last
sentence of PO, XXIII-2 (1). Note, however, the provision to require the cessation
or diminishment of the use involved should the agreement be abrogated by the
operator of the use. This enforcement provision is not a part of the PO.
So for as 2018.5.2 is concerned, it is important that what amounts to
restrictive covenants affecting use of land are of record, and the changes in them
be recorded also.
Reserved.
Section 2019.
5M
Section 2020.
The issue of parking certain types of vehicles in various districts, and
particularly residential districts, can be a hot one. Large tractor -trailer rigs, other
commercial vehicles, mobile homes, travel trailer, motor homes, boats and utility
trailers, and the like can constitute not only eyesores but may be safety hazards.
The PO handles these problems somewhat haphazardly. There are two points
in the ordinance that relate to the matters covered by Section 2020:
IV-8, dealing with mobile homes in the main but incidentally treating various
types of major recreational equipment;
IV-28, dealing with "commercial vehicles" parking in certain specified residen-
tial and commercial zones.
Proposed Section 2020 attempts to sort out the vehicles involved as well as
separating parking and storage on the one hand from occupancy on the other. An
attempt is also made to include items presently not covered and to straighten out
some ambiguities in PO language. The reader should bear in mind that a mobile
home is not a travel trailer and that a motor home is different from both a mobile
home and a travel trailer. In considering the material of 2020, the reader may
wish to refer to the short BBR comments on PO provisions, 360-361 and 372.
2020.11
This Section and its two subsections deal with parking and/or storage of
• mobile homes and their occupancy.
PO, IV-8, deals with mobile homes (and incidentally various types of
recreational vehicles). The PO language legitimizes "trailer courts" existing prior
to the passage of the PO, and at the some time legitimizes "tourist courts," which
are not "trailer courts." The "valid permit" language of 2020.1.2 will cover these
existing facilities.
2020.21
The PO, IV-8 (3), does not use the phrase "major recreational equipment." It
should be used and it should be defined. Notice the fact that the phrase in 2020.2.1
is broader than the language of the PO. In being broader, it avoids the possibility
that the PO language would regulate some types of such equipment but not all, with
consequent potential legal problems.
PO, IV-8 (3), simply prohibits parking recreational equipment in front or side
street yard areas (a provision violated with great frequency!). There is not even in
the PO a provision for loading and unloading. The PO does not use the word
"required" in connection with front or side street yards, thus perhaps eliminating
the possibility of parking this equipment in such a part of a "yard" that is not a
"required yard." Other points about the PO provision could be made, but the
language of 2020.2.2 attempts to sort out these matters a bit.
There still remains the question as to whether or not it is really intended to
enforce the proposed language or that of the PO. Obviously today —Me —PO language
is not enforced, except perhaps upon the complaint of a neighbor. No provision
should be placed in a zoning or any other kind of ordinance without firm intent to
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enforce. Given the recreational orientation of Miami, an argument might be raised
that there should be no provision of the kind set out at all.
Section 2020.2.3 simply says that recreational equipment cannot be used for
living purposes except in properly authorized locations.
2020.3.
Again we have a PO provision IV-28, that is not generally enforced. When an
irate neighbor calls, presumably somebody may take action. But the matter is not
one which receives much, if any, attention of enforcement officials at present.
Certainly "commercial vehicles," however they may be defined, can cause
aesthetic problems in a residential neighborhood. And large tractor -trailers (18
wheelers to the citizens' radio band people) can be safety hazards in those
circumstances. Yet some people do have to drive their otherwise commercial
vehicles to their homes from their places of employment. And increasingly, pickup
trucks and vans, of a type once use exclusively for commercial purposes, are now
being used as "second" cars without any commmercial aspects at all to such use.
To ban from a residential neighborhood a van with a plumber's identification on it
because it is commercial and at the same time to permit an identical van with no
advertising on it is the grossest kind of discrimination. A school bus can be parked
under the PO, because it is not commercial; the same bus used by a crew leader for
migratory farm workers cannot be parked. Yet the vehicle, and any attendant
hazard, remains the same.
The language of 2020.3 is more concise than the PO in its enumeration of
types of "commercial" vehicles.
2020.4.
There should be no problem with this language. Presumably these types of
vehicles are "commercial" under the PO, but no action would be taken against them
under the circumstances noted, since it is a bit difficult to build, even in residential
areas, without them!
Reserved.
Section 2021.
Section 2022.
Proposed Section 2022 and 2023 deal with the matter of off-street loading.
2022 is concerned with setting the general standards, while 2023 gets into the
specific, detailed requirements. Off-street loading requirements are vey impor-
tant, as the PO, XXIII-7, recognizes. Nothing ties up traffic faster than curbside
loading and unloading of trucks and semi -trailers.
2022.1.
The material of 2022.1 is not stated in the PO, though the intent of the
proposed language might be implied from the very generalized language of XXIII-7
(I), "... vehicles may use this space without encroaching on or interfering with
M
the public use of streets and alleys by pedestrians and vehicles."
2022.2.
The reader will recall the earlier discussion on this matter of standards at
2017.3. The points made in connection with off-street parking standards at 2017.3
apply with equal force in connection with off-street loading, as set out in this
2022.2.
2022.3.
The language of 2022.3 does not appear in the PO. By implication, it might
be said to derive under PO, XXIII-7 (6), at least in terms of relationship to off-
street parking facilities. The language of 2022.3 makes clear, however, that off-
street loading facilities are not even to be used for the parking of trucks; such
facilities are for loading and unloading, and nothing more.
2022.4.
The language of proposed Section 2022.4 applies the special permit system to
the regulation of offstreet loading facilities. There are, quite frankly, very
frequent problems with the location of such facilities and a special permit system
allows for review of the location and other matters relative to off street loading
construction.
Notice that the language of 2022.4 covers "modification." This is general
language, deliberately calculated to reach modification of existing offstreet
S loading facilities even where there is nonconformity involved.
Paragraph 3 is also somewhat broader than the PO, XXIII-7 (2), since there
can be nonconformities other than size when a use is enlarged.
2022.5.
There is no provision in the PO like 2022.5. Miami, as a port city, already
provides a considerable measure of loading and unloading facilities. The provision
above is a specialized one. It will not be frequently used, but there is little reason
to require excessive amounts of offstreet loading area where such area is not
needed by the activity involved. The use of the special exception provides
adequate guarantees.
2022.6.
There is no provision in the PO for deferral of offstreet loading requirements,
and there should be. Compare the provision of 2022.6 with 2017.8 on offstreet
parking deferral.
20
The language of 2022.7 parallels that of 2017.8.3 on offstreet parking.
2022.8.
The PO, XXIII-7 (7), permits collective or joint use of offstreet loading
facilities; the PO does not, however, set any standards. Proposed Section 2022.8
does.
Section 2023.
In connection with offstreet loading, this proposed Section does several
things. It gets into some definitions that are necessary, speaks to stall dimensions
and numbers, and sets out the administrative procedures that are involved.
2023.1.
This material distinguishes the "stall" or "berth" from the total offstreet
loading facility. The PO does not really do this.
2023.2.
The PO, XXIII-7 (3), establishes one set of stall dimensions. Yet not all
activities requiring offstreet loading facilities will be using the same type of
carriers. The single PO requirement is too small for certain activities and too
large for others. Again, the proposed language of 2023.2, while recognizing the
need to establish some sort of minimum dimensions, looks to semi -performance
standards on this point. The PO vertical clearance requirement is 102 feet; trucks
and trailers have increased somewhat in height in recent years. See Section 2023.4
for the application of the differing dimensions set out in 2023.2.
The PO, XXIII-7 (8), says the Zoning Board can reduce stall or berth
dimensions (without saying what sort of action is being invoked --conditional use?
other?). Since this is a site planning problem, the Class C special permit is
proposed by 2023.2.1 as the instrument for such reduction.
The language of 2023.2.1 of (a) is substantially that of PO, XXIII-7 (8), the
last several lines. The PO does not contain language like (b). The PO uses a
minimum eight foot vertical dimension. Even for small transport vehicles, this
figure is too low.
While violation of conditions and safeguards that might be set under PO,
XXIII-7 (8), (since we do not know the form of the action there may be doubt as to
whether or not conditions and safeguards could be setl), would be a violation of the
PO, the PO contains no revocation provisons. Proposed Section 2023.2.2 remedies
that deficiency.
2023.31
The provisions of 2023.3 complement those relating to minimum stall
dimensions by performance -related dimensions. Thus a long vehicle is prohibited
from using a 35-foot berth if in so doing it extends into a public way. The PO,
XXIII-7 (1), may be said to cover the provision of 2023.3 by implication, but it is
better to spell the matter out.
(An additional requirement of the original draft of proposed Section 2023.3
would have not permitted large rigs in maneuvering into an offstreet loading space
to extend beyond the center line of the adjacent street. This requirement was
stricken in workshops on the grounds of its being too rigorous.)
2023.4.
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This proposed Section sets out the number of offstreet loading berths or stalls
416 required for the various uses. The reader will wish to compare the requirements
with those of PO, XXIII-7 (4), since 2023.4 changes some of the requirements. PO
requirements for incremental berths, for example, have been deemed unduly
restrictive, particularly for larger buildings. The "unenclosed" requirement of the
PO, XXIII-7 (3) has also been dropped.
Section 2024.
Miami is water oriented and it is proper to take account of that fact in
considering a new zoning ordinance. But that zoning ordinance should contain th.)se
provisions that relate to zoning. Regulations of general applicability should not be
a part of the zoning ordinance.
In considering the materials of proposed Section 2024, the reader is cautioned
that portions of the material now found in PO, IV-22 and 23, will be transferred to
the schedule of district regulations. Note should be taken, too, that an effort has
been made to organize and consolidate the present, sometimes apparently
unrelated, elements of PO language now found in IV-22, 23, and 24.
2024.1.
The language of 2024.1 generally tracks PO, IV-23 (1), but note the insertion
of uses permissible by special permit or permitted.
Proposed 2024.1.1 and its several subparagraphs deals with boathouses and
approximates PO, IV-22. One may note, however, that the language of 2024.1.1.2
uses language considerably broader than PO, IV-22 (2). Section 2024.1.1.2 includes
the slip in the restriction, and makes the restriction apply to a_._Y lot line separating
the lot from another residential lot (rather than merely a "side" lot line).
Conceivably, such lines could be front, side, or rear, and there is also the possibility
of "corner lots" with respect to waterways (at intersections) where the limitation
should not apply. There seems to be no reason why owners should not be allowed to
build facilities jointly, extending across one common lot line, subject to Class C
special permit review and with attachment of necessary conditions and safeguards.
If joint arrangements are satisfactory for commercial activities for off-street
parking and loading, there is no reason why such arrangements should not be
possible for the "parking" of boats between two residences.
The dimensional requiements of 2024.1.1.3 are those of the PO, IV-22 (3&4).
The PO limitation on "detached accessory building to boat house" has been
eliminated since there is no control on location of other detached accessory
buildings and the lot coverage limitation is made to apply to all accessory buildings
in the waterfront yard. ._._
Language like that in 2024.1.2 is not found in the PO. Although the PO
regulations make sense where lots are small, in the Miami context it appears
desirable to provide a means short of court order to accommodate larger vessels at
larger estates.
While 2024.1.3 is mostly new, the basic concept of PO, IV-23 (2), remains.
The PO lists a good many districts by designation. When the schedule of district
regulations has finally been "worked over," a further decision will then be made as
to which of the several districts will be deemed to be residential in character.
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Article 4 of this proposed ordinance will then set out those districts. Thus
repetitive lists will not be necessary at various points in the new ordinance. The
PO makes the clearance from side (or other) property lines 5% of the width of the
lot, but not less than 10 feet. If 10 feet is enough, it is enough, regardless of the
width of the lot. On the "extension beyond 25 feet" language above, see proposed
Section 2024.11.
The 2024.1.4 material is adapted from the two spots in IV-23 00) (a) and (I 1)
(a). There are some problems with PO, IV-23 ( 11) (a) (5). Is the limitation intended
to apply when all properties adjacent to the canal are zoned as indicated, or when
the use is accessory to a lot so zoned? The latter interpretation appears more
reasonable.
2024.2-9.
Reserved.
2024.10
This 2024.10 language is basically a redraft of PO, IV-23 (2) (a&b) & (3).
Certain assumptions are made. The 10 feet or 10`Xo projection into inland
waterways is intended to operate as indicated by the restatement. And if
extensions beyond the general limit are permissible in Biscayne Bay, they should
also be permissible where waterways are more than 100 feet in width.
2024.11.
This language is intended to reflect PO, IV-23 (2) (a & b) & 3.
Section 2025.
Section 2025 and 2026 deal with signs. Again, these two Sections might
comprise a separate Article if later decision is taken to "break out" materials from
now lengthy Article 20. Proposed 2025 is given over to general materials --
definitions, certain permits, classes of signs, and the like. Proposed 2026 then
treats specific sign limitations and requirements. The third element in sign control
will be found in the schedule of district regulations where a column for each of the
various districts therein listed sets out the specific sign requirements for each
district.
2025.1.
This definition of "sign" in 2025.1.1 is pretty much that of the PO, II-2 (65).
The last sentence of PO, 11-2 (65) has been transferred, however, to 2025.3.2-4.
As the reader goes through the lengthy series of definitions that follow, it
will become apparent that a good many sign types, characteristics, etc., are not
covered by the PO. Definition is always important to any type of regulation
Definition is particularly critical in sign regulation, for the methods used in signing
have changed appreciably in recent years. Techniques are more varied and
innovation in signing almost the rule today rather than the exception. An effort
has been made to sort out into major categories the various sign definitions.
The PO does not contain a definition on "number of signs." ("Sign area" is
NO
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defined.) Yet such a definition is critical in sign control. Not infrequently, it is
sign clutter, and not the area of the signs involved, that contributes to visual
pollution as well as constituting a traffic hazard. Thus 2025.1.2. Note, too, in
2025.1.2, the particular language on determination of frontage in connection with
determining the number of permissible or permitted signs. Determination of
"frontage" can be important in a variety of contexts. Sign regulation is often based
on "frontage," both as to numbers and size. (Note similar language relating to size
at 2025.1.3.)
The use of the diagram helps considerably in understanding how number and
size of signs is determined.
There is one major, and at least one minor, difference in 2025.1.3 language
and the PO, II-2 (66). The major difference is, of course, the elimination of the PO
language that counts but one side of a double faced sign in the determination of
sign area (and number too). This proposed change will engender some comment!
The minor difference is in the determination of the area of a cylindrical sign.
BBR, 334-336, discusses the matter.
If the number - of signs and their area is to be regulated, and bearing in mind
the definition of a "sign," then it is necessary to state as in 2025.1.3.1 the types of
signs that are not to be included in calculating the number and area of signs on the
lands of a private activity.
The PO does not define "sign structures." And the definition of "structure"
generally, given in the PO, is simply not sufficient to cover the imaginative devices
46 used to "support" signs. The ubiquitous sign trailer is simply one fairly recent
example of man's ingenuity in advertising his services or wares.
The distinction drawn in 2025.1.4 between the instrument used principally for
the support of a sign and the instrument where the sign is accessory (or secondary)
is important. A commercial vehicle traveling about the City in the performance of
commercial functions and with a sign on its sides is not being used primarily as a
"sign structure," as that term is defined above. If, however, that same vehicle is
parked on the public right of way with a large sign attached to it advertising the
commercial activity, then that vehicle in those circumstances becomes a "sign
structure," and subject to regulation. (Note PO, XXIV-1 (4) H.)
So for as 2025.1.5 and 2025.1.6 are concerned, it must be remembered that
there are basically only two types of signs: (1) onsite signs and (2) offsite signs. A
sign regulatory system that proceeds from this premise, adding various other
adjectives or phrases as necessary, is starting from a firm foundation. In some
instances, the PO has been using this approach, but it is never set out clearly. It
should be.
The terms "outdoor advertising business" or "outdoor advertising signs" are
not defined in the PO. Couple 2025.1.7 language with the onsite, offsite,
definitions of 2025.1.5 & 6, and the effect is to recognize the legitimate character
of the outdoor advertising industry. Its characteristic feature is the lease or rental
basis of operation. The outdoor advertising business may be distinguished from
those who erect signs for other persons or businesses --and where those other
i persons or businesses own the signs thus erected.
The PO defines only, "sign, illuminated," at II-2 (74). There are, however,
L .. is
several different types of illuminated signs. The PO never really comes to grips, or
even recognizes, except occasionally by implication, the fact of animated signs.
The materials of 2025.1.8 through 2025.1.9.1 attempt to sort out some of these
items.
Some note should be taken of "flashing sign" in proposed Section 2025.1.8.3.
"Flashing sign" is not defined in the PO. In PO, XXIV-1 (4) (a & c), there is clear
intent to regulate "flashing signs." (Note PO, XXIV-1 (15) (a & b) for two such
elements of regulation.) It may be noted at this point that PO, XXIV-1 (4), contains
a number of prohibitions that are presently contained (with minor variations) in the
City of Miami (South Florida) Building Code. There is no need to repeat that
material in the zoning ordinance as well. For this reason, a cross reference is made
to the Building Code. While regulations should not normally be a part of a
definition, it may be of interest to note that many jurisdictions now flatly prohibit
the use of revolving or flashing blue, red, or amber lights in signs at any location.
The time and temperature sign defined in 2025.1.8.4, is an increasingly
utilized form of discreet advertising. It is not defined in the PO. Notice that the
definition of 2025.1.8.4 sets the message categories. A large automated (see
2025.1.9) sign which flashes news items, but which incidentally runs occasional
time, temperature, etc. as listed above, would not qualify as a "time and
temperature sign."
The "revolving, animated, or whirling sign" is not defined in the PO. There is,
however, one PO indication of intent to regulate such signs at XXIV-1 (4) (e).
Proposed Section 2025.1.10 starts a group of definitions relating to sign
mountings and sign materials.
The term "wall sign," defined at 2025.1.10, is not defined in the PO, though
the term "flat sign" is defined and used. (PO, II-2 (71), and, for example of use,
XXIV- I (5) (a).)
"Sign, projecting," at 2025.1.1 I, is in about the same language as the PO, II-2
(79). Canopy, marquee, or awning signs and hanging signs are forms of projecting
signs and are defined as sub -paragraphs to 2025.1.1 I.
So for as 2025.1.12 is concerned, definition is not really the proper location
for a regulation. Since the City has a long standing policy of prohibiting roof signs
(and there is presently controversy over certain nonconforming signs), this seems
an appropriate place in a new ordinance to restate the prohibition against them.
Proposed 2025.1.13 is a pleasantly simple definition, full of headaches! Want
to attempt to get rid of certain types of sign clutter? Much of the criticism on the
matter is directed at hand painted "sale" signs in store windows --on the inside of
the glass. A definition like that given is the place to start. But take warning that
enforcement of the approach is a major job! The PO does not define the term, but
one can note PO, XXIV-4 (5), as indicative of some present attempts to regulate
window signs.
PO, II-2 (70), defines "detached sign," a term that is nonstandard. The better
term is "ground sign," defined at 2025.1.14. The definition is an important one, and
the reader should note the breadth of the definition.
At the time the PO was adopted, there were few, if any, of the ubiquitous
M
sign trailers around, though one did occasionally see an automobile or small truck
(usually in a state of glorious disrepair!) sitting around with a large sign on it.
Today, sign trailers, particularly, have been breeding like rabbits. Any effort at
control, if such be desired, has to be grounded in a definition, which 2025.1.15
provides. The PO does not define the term. Note in 2025.1.15 the cross
references.
The term "bulletin board," and its subtypes, is not defined in the PO.
Proposed 2025.1.16 states the general definition with a break out to community or
neighborhood bulletin boards and the specialized "kiosk:' The latter can be quite
utilitarian in mixed residential -commercial areas with high levels of pedestrian
activity.
Proposed 2025.1.17 & 18 have their counterparts in PO, II-2 (68) & (78).
2025.1.19-24 are reserved.
The group of definitions commencing with 2025.1.25 is concerned with
definitions relating to the ue rpose of signs.
"Address sign" is not defined in the PO. The closest term to it is 'owner -
identification," II-2 (77). The language of 2025.1.25 should be compared with the
PO, for the proposed material is much more restrictive than the owner -
identification terminology of the PO --and is intended to be.
The types of signs defined at 2025.1.26 are necessary and few would say them
"nay." A good many of these types of warning signs are now erected, though there
4b is really no authority for them in the PO. They should be legitimized.
The PO refers to "general advertising signs," but does not define them. (See
PO, XXIV-1 (9), where regulations are set out for such signs.) Apparently, "general
advertising" is that business conducted by the outdoor advertising business. (See
proposed Section 2025.1.7.) An "advertising sign" includes an 'outdoor advertising
sign," but all "advertising signs" are not 'outdoor advertising signs." This definition
of 2025.1.27 is general. Note subsequent definitions that refine the term, when
such subsequent rases are used.
It is necessary to take account of at least three subtypes of advertising signs
which do appear in other than commercial or industrial districts.
The approach of the proposed language on real estate signs, 2025.1.27.1, is
generally that of the PO, II-2 (80), and XXIV (1) (2) (g), with one major and one
minor exception. The minor exception is that the 2025.1.27.1 makes the real estate
sign an exception to the "advertising sign." (See proposed 2025.1.27.) The major
difference, and a matter certain to be controversial, is the 20 day provision. There
is no magic in the figure, but it is a fact that real estate signs frequently are
placed earlier on properties and stay up longer than is necessary. This is frequently
true on properties that have been sold, since it gives the realtor involved an
opportunity to advertise beyond the purpose for which the sign was originally
placed in the property. The PO, of course, contains no provision of this type. The
size of such signs will be a part of the schedule of district regulations for the
various zoning classifications involved.
There are no particular controls on development signs in the PO. (See XXIV-1
(2) (g).) It is a not uncommon practice for developers to put up a sign that
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"something is going to happen," with the sign remaining for long periods of time
with nothing happening at all. Such a sign becomes a form of advertising, of
course. (The effect has sometimes been adverse!) Proposed 2025.1.27.2 does give a
definitional handle to the problem. The use of the Class A special permit provides
an administrative control, minimal but sufficient with proper attention to take care
of the matter.
So for as 2025.1.27.3 is concerned, the matter of sizes of construction signs is
one for the schedule of district regulations. The PO, XXIV-1 (2) (h), provides that
these signs shall be non -illuminated. This sort of matter, too, should probably be in
the schedule of district regulations, since a non -illumination requirement for all
districts (such as heavier commercial districts) really does not have too solid o
rationale.
Proposed 2025.1.28 may be compared with PO, XXIV-1 (2) (e).
2025.2.
b). The material of 2025.2 and 2025.2.1 follows that of the PO, XXIV-1 (1) (a &
2025.3.
The approach of the proposed ordinance on exempted signs is essentially that
of the PO, XXIV-1 (2). Note, however, that the PO does not state specifically,
though it may do so by implication, that the exemption is one from permit and not
from other zoning ordinance requirmeents.
The language of 2025.3.1 is broader than that of the PO, XXIV-1 (2) (a). The
PO limits such signs to "traffic" or "warning" signs, and there are other types of
official signs.
The matter of national flags, etc., is set out at 2025.3.2. The PO doesn't
really speak to the matter, because normally no question is raised anyhow --except
in the context of some international political argument. The proposed language
legitimizes the matter.
P0, XXIV-1 (2) (d) language is basically carried over to 2025.3.3. Similarly,
2025.3.4 carries over PO, XXIV-1 (2) (e).
The material of 2025.3.5 is not covered generally in the PO. Nose can be
taken, however, that the sign regulations for the various present districts do
mention "address, etc:' signs. There should be a general exemption for such signs
and no further mention then need be made of the matter.
So far as 2025.3.6 is concerned, the first sentence is essentially that of the
PO, XXIX-I (2) W. The reader should remember that the proposed ordinance takes
an approach to the regulation of sign vehicles that the PO does not.
The matter of real estate signs, 2025.3.7, has already received discussion in
connection with the definition of such signs (2025.1.27.1). The language of 2025.3.7
may be considered in connection with PO, XXIV-1 (2) (g).
Dimensions and exemptions for construction signs in 2025.3.8 are those of the
P0, XXIV-1 (2) (h). Note the possibilities in the proposed language, however, of
M2
larger signs depending upon the schedule of district regulations for the classifica-
tion involved and the need for permit. Note, ton, in the proposed language the
10 potential for combination of construction and development signs.
2025.3.9 is reserved.
The type of sign defined earlier and treated in 2025.3.10 is not covered under
the PO. Yet the neighborhood bulletin board or kiosk is common in European
communities and provides a real public service. Private persons can put up their
notices for meetings or items for sale. The facility in some instances can even be a
sort of central meeting ground for a neighborhood.
Remember that proposed section 2025.3 deals with different types of sign
exemptions. In 2025.3.11, the matter is the exemption of certain political
campaign signs. The reader can compare this language with PO, XXIV-I (4) (g).
There are serious constitutional problems with the flat prohibition of such signs in
residential districts (interference primarily with First Amendment freedom of
speech). So long as nobody chooses to litigate the issue, the restriction can stand!
It is, of course, regularly violated!
The matters covered in 2025.3.12 are not covered by the PO.
Proposed 2025.3.13 legitimizes some pretty necessary aspects of modern
living. Whether the Post Office will be switching to "walk" rather than "ride" in
making deliveries would not greatly alter the need for the language.
There is no way to eliminate controversy about "advertising" on bus shelters
and benches. As (perhaps) more people ride the public transportation system,
advertisers will recognize the value of getting their sales messages across! No
claim is made that the language of 2025.3.14 represents the only possible approach.
It is, however, important that the proposed ordinance say "something" on the
matter.
The language of 2025.3.15 is approximately that of the PO, XXIV-1 (2) (f).
2025.3.16-20 are reserved.
The language of 2025.3.21 can be compared with PO, XXIV-1 (2) (b).
Section 2026.
Proposed Section 2025 sets the general parameters for sign regulation. This
Section 2026 sets out certain specific limitations and requirements. The reader
should remember, as stated before, that the detailed requirements that relate to
specific zoning districts are set out in the schedule of district regulations. The
requirements of 2026 are those that apply generally.
2026.1.
The PO contains a number of requirements relating to signs that are primarily
of a building code nature. (See PO, XXIV-1 M.) There is no reason to repeat them
in a zoning ordinance but there should be a "flag" in the zoning ordinance to them.
Hence that language in 2026.1. Some special note should be made to the last
sentence of 2026.1. A good many of the projecting signs, canopies, and the like are
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apt to be located in commercial districts where there are no yard requirements.
Hence, the requirement is not nearly so onerous as might at first appear.
2026.2.
This material is repetitive of 2025.1.12, but should remain here as well in
view of the controversy over roof signs in the City. The language on upkeep and
maintenance is not a part of the PO. (See PO, XXIV-1 (A)
2026.3.
The language of 2026.3 relates to the safety factors of distance set out in
the building code. PO, XXIV-I (16), controlling height of ground signs in residential
and commercial districts, is dropped from the textual provisions of this proposed
ordinance and maximum heights will be set for ground signs (in those districts
where they are permitted) in the schedule of district regulations.
2026.4.
The building code covers this topic and there is no reason for repetition of
those details in a zoning ordinance.
2026.5.
The three paragraphs of PO, XXIV-1 (4) (a, b, & c), are boiled down in 2026.5.
The building code has meaningful requirements on this point.
There is no provision in the PO comparable to 2026.5.1. The language of
2026.5.2 is comparable to that of PO, XXIV- I (15).
2026.6.
The material here continues the intent of PO, XXIV-1 (8) (a).
2026.7.
This subject is not completely treated in the PO, XXIV-1 (4) (h), and the
approach there taken does not really proceed from a sound foundation.
2026.8.
The PO does not really address this subject, though the PO taken in
conjunction with the building code can certainly be said to imply this type of
control. The PO says a good deal about confusing use of lighting, XXIV-1 (4) (a, b,
& c), but not so much about the signs and sign supports themselves as possibly
constituting hazards to pedestrians or vehicles.
2026.9.
Reserved.
2026.10.
This proposed Section brings together several PO materials:
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M
XXIV-1 (13)
XXIV-1 (5) (c)
XXVIII-3 (3)
Note that the proposed treatment of certain nonconforming signs is somewhat
different than that of the PO. Perhaps unwarrantedly, the proposed language
assumes that the five year period of the PO on this point has run. But, in any
event, it is well nigh certain that any new ordinance will create some new,
nonconforming, signs, and the language of 2026.10 takes a much stricter line than
does the PO.
The reference to the building code of 2026.10.1 should be included. It is not
in the PO.
The language of 2026.10.2 may be compared with PO, XXIV-1 (5) (c).
Proposed 2026.10.3 is a somewhat shorter rewrite of PO, XXIV-1 04), but the
scope of the proposal is broader. This 2026.10.3 deals with onsite signs.
Proposed 2026.10.4 deals with offsite signs. This aspect of the problem is not
directly treated by the PO.
2026.11
The one sentence really covers what PO, XXIV-1 (5) (a & b) says in more
words. The problem with both the PO language and 2026.11 material is that no
really definite standard is set to guide the administrative official. What is "visually
unobtrusive"? Yet the PO language cannot be said to be any better -"integral part
of the aesthetic composition of the sign," "good structural appearance," etc. The
problem is basically one of trying to define esthetics, and beauty is always in the
eye of the beholder. Increasingly, too, sign operators try to make use of the
supports as a "sign," that is, they try to attract attention from off the premises to
the message by "jazzing up" the supports.
2026.12-14.
Reserved.
2026.15.
Proposed 2026.15 and its sub -materials is basically a rewrite of PO, XXIV-1
(9) (b & c). The requirements set by the proposed language are basically those of
the PO.
A Special Note.
PO XXIV-1 (9) (a), sets out certain controls on "general advertising signs"
along designated "scenic waterways." The approach to sign control taken in this
proposal distinguishes 'outdoor advertising signs" (2025.1.17) and defines generally
"offsite signs" (2025.1.6.). The PO, 1 1-2 (72), defines a "general advertising sign" in
a somewhat broader context than the CD language for outdoor advertising sign."
The consultants have suggested on a number of occasions over the past couple
of years that the Special Public Interest District (SPI) concept (proposed Article 15)
is admirably suited to controls along designated waterways --and that those controls
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should include not only signing but landscaping, protection of principal views of the
water, and other matters. The coordinated SPI approach is much to be preferred to
the present situation where something on signs is found at one point, something on
landscaping at another, etc., and the materials of PO, XXIV-1 (9) (a), are,
therefore, not a part of the proposed ordinance.
Section 2027.
Obviously temporary structures, uses, and occupancies will be necessary in
all districts during land preparation or construction. The PO appears to assume
this, without specifically authorizing it. Proposed language provides specific
authorization, and establishes some general requirements and limitations. It
further authorizes the administrative official to establish such conditions and
safeguards as are reasonably necessary in the circumstances of the case.
Section 2028.
This section sets forth standards and guidelines for small scale planned
development on large lot in the RS-I, RS-2, and RG-I districts. It replaces PO, V-
1(6)(h) and VWN-A)(a), and uses certain features of the LUI system.
Reserved.
Section 2029.
r
Section 2030.
The problems occasioned by proliferating automotive service stations ( a term
much preferred by the industry to "gasoline station") has eased somewhat with the
energy crisis. Not many years ago, inordinate amounts of time were spent devising
ways and means for use by local governments to "control" the matter. As of the
moment, it would seem that the older "problems" of signage and general dislike of
service stations would give way rapidly if only there were an unlimited supply of
the precious gas at some sort of reasonable price!
Neither the PO nor this proposed ordinance speaks to a number of technical
matters --curb cuts, locations of pump islands and canopies, and other design details
for service stations. The proposed language pretty much tracks the PO, IV-25, with
the addition of a few regulatory ideas that somehow don't seem quite as important
today as they once did!
2030.1.
The language in parenthesis is not a part of the PO. The remaining language
is pretty much that of PO, IV-25 (1). The parenthetical material is designed to
cover those situations where a shopping center desires an automotive service
facility.
2030.2.
Proposed 2030.2.1 is mostly PO, IV-25 (3), with some added fillips. The "tire
Sya
a
storage" provision is not a part of the PO. Most station operators like the
requirement, since they prefer not having to move racks of tires out in the morning
and in at night! But if one operator displays tires in this fashion, then most others
feel that competition compels them to do so.
Compare 2030.2.2 with PO, IV-25 (3 & 4). 2030.2.3 should be compared with
PO, IV-25 (3). 2030.2.4 has its counterpart in PO, IV-25 (6). The material of
2030.2.5 is not covered by the PO.
2030.3.
There are no provisions in the PO for regulating location and type of trash
facilities at automotive services stations.
2030.4.
There are several differences in 2030.4 language and PO, IV-25 (2). PO
requirements are for a "solid or louvered" masonry wall; the proposed language
drops the louvered possibility because of problems that seem to develop with
maintenance of such walls. The language of 2030.4 takes account of intervening
streets. It also recognizes sight requirements for safety purposes, which the PO
does not. PO language has statements about landscaping to lot area ratio,
requirements omitted in the proposed ordinance because of the belief that a set of
overall landscaping standards should be developed.
There is one other matter that should be mentioned. Some thought might be
given to eliminating this provision as appearing at this point in favor of fencing or
buffering requirements applying to a group of uses (as for example drive-in
establishments) or to a specified series of individual uses, rather than merely to
automotive service stations. This could be handled in transitional regulations in
the schedule of district regulations for the districts invovlved, or as a general and
supplementary provision in this Article 20. (Perhaps as a part of 2031.)
Section 2031.
The reader may recall that just prior to proposed Section 2028 there is a
general heading, "Detailed Requirements and Limitations Applying to Particular
Uses and Structures Generally, or in Particular Districts or Groups of Districts."
Proposed Section 2028 dealing with requirements for erection of more than building
on large lots followed.
Our emphasis on the automobile, tempered as it may be in the future by
expensive and scarce gasoline, has spawned a great variety of drive-in facilities
unknown forty or fifty years ago. An earlier generation recalls the drive-in
restaurants and the carhops, but drive-in banks, liquor stores, and drive-in funeral
establishments (in Atlanta you drive through and view the propped up corpse
through a large window) are newer on the scene. Drive-in establishments offer
special problems, many of them oriented to traffic passing by on public ways.
The material of 2031 is designed to get something of a handle on some of
these problems. While there are dibs and dabs of of regulations in the PO dealing
with this or that activity, there in nothing comparable to 2031 in the PO.
2031.1.
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The schedule of district regulations will indicate which activities require the
special permits and what type of permit. This language is directed to traffic
movement on streets. Most people have seen a drive-in bank snarl up a public
street badly at certain hours of the day. In addition, cars standing across sidewalks
may pose real safety threats to pedestrians.
2031.2.
One of the keys to not snarling the streets is reservoir space on the
establishment's ro�rt .. Mere is absolutely no justification fora Jrive-in
activity to use public is roads and sidewalks as a storage medium for the eventual
transaction of private business. There may be some concern for the figures used
(as being too high, probably), but there should be no argument with the principle
that is involved.
Reserved.
Sections 2032-2035.
Section 2036.
At the time of this writing, "unauthorized" or "unlicensed" child care centers
are very much in the news in the Dade County area. The deaths of children have
focused attention on a very necessary activity in our society --tending the children
while the parents work.
The PO, II-2 (19-A) and V-1 (6) (j), does not handle the problem well, as the
consultants note in BBR, 271-272. Section 2036 is certainly no complete answer,
but it should represent something of a beginning. What is really required is some
input from those who must live with the problem --the "experts" and those who must
rise such facilities.
2036.1.
As the proposed language stands, a distinction is made between the basic
residential districts and other districts where the schedule of district regulations
indicates that child care centers are permissible or permitted. Minimization of
intrusions of vehicular traffic into residential neighborhoods is important. Larger
child care centers can slow street traffic (or worse) when children are unloaded or
picked up. This is particularly true on narrow streets. Hence the requirement of
location within 300 feet of arterial streets. Some discussion was had about the
need for having offstreet pickup facilities, but this was deemed too expensive. In
drafting child care center requirements, the factor of cost is one that must be
constantly weighed against the great need for these types of facilities.
2036.2.
Child care centers must be licensed by appropriate authorities. (The Dade
problems have been in unlicensed facilities.) The decision whether or not to require
an additional special permit under zoning, and what type, will be found in the
schedule of district regulations for the zoning classification involved. Child care
centers under the PO are now conditional uses in single family zones.
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The schedule of district regulations will indicate which activities require the
special permits and what type of permit. This language is directed to traffic
movement on streets. Most people have seen a drive-in bank snarl up a public
street badly at certain hours of the day. In addition, cars standing across sidewalks
may pose real safety threats to pedestrians.
2031.2.
One of the keys to not snarling the streets is reservoir space on the
establishment's pro�rty.. 7 ere is absolutely no justification fora rid ve in
activity to use public is roads and sidewalks as a storage medium for the eventual
transaction of private business. There may be some concern for the figures used
(as being too high, probably), but there should be no argument with the principle
that is involved.
Reserved.
Sections 2032-2035.
Section 2036.
At the time of this writing, "unauthorized" or "unlicensed" child care centers
are very much in the news in the Dade County area. The deaths of children have
focused attention on a very necessary activity in our society --tending the children
while the parents work.
The PO, 11-2 (19-A) and V-1 (6) (j), does not handle the problem well, as the
consultants note in BBR, 271-272. Section 2036 is certainly no complete answer,
but it should represent something of a beginning. What is really required is some
input from those who must live with the problem --the "experts" and those who must
use such facilities.
2036.1.
As the proposed language stands, a distinction is made between the basic
residential districts and other districts where the schedule of district regulations
indicates that child care centers are permissible or permitted. Minimization of
intrusions of vehicular traffic into residential neighborhoods is important. Larger
child care centers can slow street traffic (or worse) when children are unloaded or
picked up. This is particularly true on narrow streets. Hence the requirement of
location within 300 feet of arterial streets. Some discussion was had about the
need for having offstreet pickup facilities, but this was deemed too expensive. In
drafting child care center requirements, the factor of cost is one that must be
constantly weighed against the great need for these types of facilities.
2036.2.
Child care centers must be licensed by appropriate authorities. (The Dade
problems have been in unlicensed facilities.) The decision whether or not to require
an additional special permit under zoning, and what type, will be found in the
schedule of district regulations for the zoning classification involved. Child care
centers under the PO are now conditional uses in single family zones.
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Proposed 2036.2 deals with minimum lot dimensions.
ft 2036.3.
The side yard requirement set out relates to noise in the residential
categories.
2036.4.
The first paragraph of this material is substantially that of the PO, V-1 (6) (j).
The second paragraph is new material.
2036.5.
The PO definition of "day care center," II-2 (19-A), implies the sort of
possible restriction set out in 2036.5 material. The PO definition is, however,
subject to criticism in that child care for some in these times must be available at
other than daylight hours. For that reason, the approach of this proposed material
appears more reasonable. The idea is to limit potential ill effects, not to prevent
the performance of a necessary service.
Section 2037.
Over the past several years, there has been concern in the City with what
may properly be called "adult entertainment or services." When the problem first
arose, one of the consultants strongly urged the City to approach it through the
40 enactment of an adult entertainment and services code, and to utilize all of the
elements of the police power (not just zoning) in attempting to solve the problem.
The approach was rejected and material not really of zoning character was placed
in the PO. (II-2 (I -A through I-E) and II-2 (84-A & 84-B), definitions; IV-44. Some
of the material in IV-44 will now be found in the schedule of district regulations.)
An adult entertainment or service activity is a use of land and to that extent,
the zoning ordinance must take cognizance of suc i activities. But there are other
aspects of necessary regulation that are not, of course, zoning in nature.
So far as basic approach is concerned, Section 2037 is approximately the
material of the PO mentioned above (both as to definitions and substantive
regulation).
2037.1.
In' matters as difficult constitutionally to deal with as adult entertainment
and services, it is well to set out as clearly as possible the intent of the regulation.
The PO does not do so.
2037.2.
The definitions of this proposed material should be compared with PO, II-2 (1-
A through I-E, 84-A, & 84-B). Notice that under the proposed language such PO
definitions as "adult bookstore;' "adult massage parlor," etc., are encompassed in
the definition of "adult entertainment or adult service establishment." It is in the
Al` nature of operation of these activities that "new" types of establishments are
constantly being "invented." Thus when a municipality in another state took action
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to regulate adult book stores (and nothing else), the establishment became a
"museum of sexology." It was held that the city's regulation did not apply to r�
museums. The basic definition should be broad enough to treat the subject, if the
policy decision to attempt regulation is taken.
20
The material set out here is basically that of PO, IV-44 (1-4).
2037.4.
This material is that of PO, IV-44 (5).
ARTICLE 21. NONCONFORMITIES
While not, perhaps, substantively as important as some other issues, few
zoning problems are more continually vexing than those raised by nonconformities.
Exercise of the power to zone inevitably creates in at least some degree
nonconformities of one sort or another. PO, XXVIII, is more up to date in the
treatment of this important issue than a good many other ordinances, but it is still
poorly organized and badly in need of revision to utilize concepts and ideas recently
developed. The PO has sorted out some of the different types of non -conformities,
but not all, and not always in good order.
A word of caution is necessary.
A good many legally defensible approaches to treating various types of
nonconformities are available. The problem basically is one of policy --how "tough"
does the governing body want to be? It is common knowledge, for example, that
the amortization provisions now a part of the PO, XXVIII-I (5), have not been
enforced. (Certain aspects of nonconforming sign amortization have been
enforced.) In justice, ordinances that contain these types of provisions usua y ave
not been enforced when time for termination finally arrives. Whether or not a
strong or weak approach is ultimately decided upon as a matter of policy, the point
is that whatever provisions on the treatment of nonconformities are finally
adopted, the intent should be to enforcement. Otherwise, the provisions should not
be adopted in thetheJ irst place.
2101.
This Section, and its subsections, supplies an element which the PO, XXVIII,
lacks --a statement of intent. In treating matters as controversial and difficult as
nonconformities, a statement of intent is fundamental.
Proposed 2101.1 sorts out carefully the different types of nonconformities in
more organized fashion than does the PO.
The language of 2101.2 covers a matter not treated in the PO. Where
government is the party that creates a nonconformity of whatever type, the
property owner should not be penalized. Further, where no provision is made in a
zoning ordinance for such situations (a road widening, for example), government
itself violates the usual zoning ordinance provision that nonconformities shall not
be created after the effective lute of the ordinance or its amendment. While such
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violations are customarily overlooked, that does not make the action in creating
the nonconformity any the less questionable.
The materials of 2101.3 are not stated in the PO. The second paragraph is
the "law" so for as regulation of nonconformities is concerned. The overall intent
of the language is to declare the City's intent to take a fairly "tough" stand on
nonconformities.
So also with 2101.4. This material is considered inherent in zoning ordinance
provisions on nonconformities but it should be spelled out. Proposed 2101.4 relates
to 2101.3, preceding.
The material of 2101.5 has its counterpart in PO, IV-3 & 4, but the PO does
not spell out what "actual construction" means. Where a person has acted in
reliance on some regulation or action of government to alter substantially his
position, government must allow him to proceed. This doctrine, known as the
doctrine of equitable estoppel, is not infrequently applied in situations like that
covered above. The language of 2101.5 is clearly within the meaning of a number
of Florida cases. (See also proposed Section 3405.)
Proposed 2101.6 relates to 2101.5 and spells out more clearly than the PO, IV-
3 & 4, does exactly what the status of building permits or certificates of use or
occupancy is.
Had the provision of 2101.7 been in the PO some few years ago, the City of
Miami would not have been the loser in City of Miami v. Twentieth Century Club
313 So. 2d 448 (DCA-3,-1975). In that case a private club esta is y
conditional use was permitted by the court to expand its operations into parts of
the building other than those utilized at the time the club was originally
established.
In proposed Article 23, a graded system of special permits is established. One
of these is the "special exception," now called under the PO a "conditional use."
What the language of 2101.7 does is to insure that activities authorized under
special permits will not thereafter be treated as nonconformities.
2102.
In considering this proposed Section, the reader should check his knowledge of
what a nonconforming lot is. (Proposed 2005.3 defines the term.)
So far as 2102.1 is concerned, the key phrase is "not in continuous frontage."
To explain how the phrase operates: Presume an owner has two 25 foot wide lots
"in continuous frontage." The terms of the zoning ordinance require a minimum of
50 feet in width for the district in which the lots are located. The two lots were
platted prior to the adoption of the ordinance. Under the language of 2102.1, the
owner may erect one, not two, houses.
There was considerable discussion in the workshops on this 2102.1. Some felt
that the phrase "not in continuous frontage" should be deleted, thus permitting the
owner in the example above to build two houses, since the lands were platted prior
to the adoption of the ordinance. This policy, it should be added, is the policy
under the PO. In at least one instance, the present policy has led to the erection of
some strange structures on very small lots!
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violations are customarily overlooked, that does not make the action in creating
the nonconformity any the less questionable.
The materials of 2101.3 are not stated in the PO. The second paragraph is
the "law" so for as regulation of nonconformities is concerned. The overall intent
of the language is to declare the City's intent to take a fairly "tough" stand on
nonconf orm i ties.
So also with 2101.4. This material is considered inherent in zoning ordinance
provisions on nonconformities but it should be spelled out. Proposed 2101.4 relates
to 2101.3, preceding.
The material of 2101.5 has its counterpart in PO, IV-3 & 4, but the PO does
not spell out what "actual construction" means. Where a person has acted in
reliance on some regulation or action of government to alter substantially his
position, government must allow him to proceed. This doctrine, known as the
doctrine of equitable estoppel, is not infrequently applied in situations like that
covered above. The language of 2101.5 is clearly within the meaning of a number
of Florida cases. (See also proposed Section 3405.)
Proposed 2101.6 relates to 2101.5 and spells out more clearly than the PO, IV-
3 & 4, does exactly what the status of building permits or certificates of use or
occupancy is.
Had the provision of 2101.7 been in the PO some few years ago, the City of
Miami would not have been the loser in City of Miami v. Twentieth Century Club
313 So. 2d 448 (DCA-3,-1975). In that case a private club establishecT�y
conditional use was permitted by the court to expand its operations into parts of
the building other than those utilized at the time the club was originally
established.
In proposed Article 23, a graded system of special permits is established. One
of these is the "special exception," now called under the PO a "conditional use."
What the language of 2101.7 does is to insure that activities authorized under
special permits will not thereafter be treated as nonconformities.
2102.
In considering this proposed Section, the reader should check his knowledge of
what a nonconforming lot is. (Proposed 2005.3 defines the term.)
So far as 2102.1 is concerned, the key phrase is "not in continuous frontage."
To explain how the phrase operates: Presume an owner has two 25 foot wide lots
"in continuous frontage." The terms of the zoning ordinance require a minimum of
50 feet in width for the district in which the lots are located. The two lots were
platted prior to the adoption of the ordinance. Under the language of 2102.1, the
owner may erect one, not two, houses.
There was considerable discussion in the workshops on this 2102.1. Some felt
that the phrase "not in continuous frontage" should be deleted, thus permitting the
owner in the example above to build two houses, since the lands were platted prior
to the adoption of the ordinance. This policy, it should be added, is the policy
.► under the PO. In at least one instance, the present policy has led to the erection of
some strange structures on very small lots!
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The language of 2101.2.1 is not a part of the PO, for the PO does not have a
method of treating these sorts of problems short of resort to the cumbersome
procedure of variance (and a variance is often not legally justified!). The variance
procedure under these circumstances consumes inordinate amounts of time, and
there is simply no sound reason for having to resort to it. With the special permit
system established under proposed Article 23, it is possible to handle at least some
of these problems with relative dispatch.
For the more serious situations, 2102.1.2 is available. And the showing of
"unnecessary hardship," which is a prerequisite for the grant of a variance (though
often ignored!), is not necessary in the special exception context.
The PO, IV-7 (1), treats the problem covered by 2102.2 somewhat obliquely
and the PO standards to be applied by the "Board" (which board is not indicated) are
nebulous. It is also uncertain whether the "Board" is granting a variance or taking
an unnamed other type of action. The language of 2102.2, and particularly
2102.2.1, makes it clear that a group of nonconforming lots in continuous frontage
are to be treated as an undivided parcel up to the point where such a group of lots
could be divided into two or more lots, each meeting the district requirements.
Note that subsequent paragraphs of thi- s subsection ease the rigor of the
requirement in carefully delineated circumstances. (See also proposed Section
2102.1.)
Easing the requirements is now articulated by 2102.2.1.1, where the PO, IV-7
(1), does so by inference. The Class A special permit is suggested as the
administrative instrument, avoiding the necessity under the PO of obtaining a
variance --or obtaining whatever the instrument may be under the PO. The last
sentence on "side yard" reduction has a good deal to recommend it, particularly if
the overall approach of the proposed ordinance which lowers a good many yard
requirements is ultimately adopted.
So far as 2102.2.1.2 is concerned, there is not a great deal of this type of land
left in the City. For these parcels a procedure like that set out, which is a good
deal less complex than that of PO, IV-10 & 11, appears to be in order. (And see
also, discussion of proposed 2007.6 & 7.)
The language of 2102.2.2 is in keeping with the position that private owners
should not be penalized by governmental taking and, further, that such takings
should be recognized in the zoning ordinance. (See also, discussion of 2005.3.)
The prohibition of proposed 2102.2.3 here stated is present by inference in
PO, IV-7 (1), and IV-10 & 11. The statement of principle of 2102.2.3 is clear. The
problem under Florida case law raised by the language of 2102.2.3 is not here
discussed, because of the extensive analysis that would be necessary for complete
understanding. Suffice it to say, that the language is open to question, with some
judicial support for the language and judicial opinion contra. There will be some
who will say the language is "unconstitutional." One t iiT g is certain. There has
been no reported litigation on this question in Florida dealing with such a provision
in a zoning ordinance. What litigation we do have on the general problem has
arisen from inclusion in subdivision regulations of language of this type. How a
court might hold on 2102.2.3 language is, probably, at least subject to question.
2103.
The PO, XXVIII-3, doesn't really establish a clear guideline where the
Ewa
nonconforming use of land involves structures of little worth. The PO speaks
rather of the nonconforming use of land where the "only buildings employed are
accessory or incidental to such use." (PO, XXV III-3-(I)-(a)-(l ).) What these words
might mean is quite clearly debatable.
The language of 2103 above eliminates all possibility of debate over the
matter. The question becomes one of the value of the structures. No issue of
"accessory or incidental" is involved. Where any buildings used are quite definitely
not a matter of economic consequence, the elimination of the nonconforming use of
land does not pose great legal problems. In Florida, the leading case on the point is
Perkins v. CitX of Coral Gables 57 So. 2d 663 (Fla., 1952). Where the
nonconforming use is of the land, a reasonable time period may be established and
enforced for the cessation of the nonconforming use. In Perkins the period deemed
reasonable was one year. The five year period of the P i� s in ed generous. The
proposed language sets a two year period. Perkins though it dealt with
nonconforming use of land with no structures, is appli able to situations where
there are minor structures involvecT---and the definition of such minor structures is
set out.
In the language of Section 2103 and its subsections, the controls during the
two year limitation are more carefully spelled out than is true of the PO.
So far as 2103.1 is concerned, the PO, XXVIII-3 (2), language on the point is
somewhat indefinite. Can an operator add more junk to that portion of land that
was in nonconforming use at date of ordinance adoption? Even if the interpretation
of the PO is that he cannot, how do you police it? The language of 2103.1 is a for
more practical approach. It relates to the land in use at the date of ordinance
adoption and makes no attempt to reach possible issues of increase or decrease in
intensification of the land so used. (Incidentally, photos of such areas taken on or
around the date of ordinance adoption and retained in administrative files provide
the "evidence" of extension of the nonconforming use on the land.)
Proposed 2103.2 covers the matter of movement (which may be of some
importance on larger parcels) and is not covered in the PO. One possible
interpretation of the PO language is that such movement would not be possible at
all. The language of 2103.2 makes possible movement, while retaining controls. A
caution: Remember that the controls set out in 2103.2 apply to that period of
time, two years, during which the nonconforming use is permitted to continue; at
the end of that period, the use is to cease.
PO, XXVIII-3 (1) (c) (2), is unclear on "discontinuance:' For how long? A
day? The language of 2103.3 corrects that deficiency. The number of days set out
is open for discussion of course, but since the use of land only (or land with minor
structures as defined) is involved, the period can be quite short. Remember, again,
that the provision of 2103.3 operates within the two year -to -cessation period.
It is unlikely that the language of 2103.4 will be utilized with any frequency
in the Miami situation, yet the provision should be included. (There is nothing in
the PO on the point.) The matter covered can be a problem. The prohibition of the
2103.4 language can often speed up action by the land owner to terminate the
nonconforming use. If the landowner wants to subdivide, it is quite obvious what he
must do so for as the existing non -con o- rming use is concerned.
& 2104.
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Proposed Section 2104 deals with the most difficult of all problems relating
to nonconformities. Sections 2104.1 through 2104.9 following, set out language
which should be a part of a= treatment of the difficult problem of handling
nonconforming uses where there are major structures involved. On the other hand,
there are possible alternative approaches to proposed Section 2104.10.
Generally the language of 2104 takes a fairly hard line approach to the
problem. The question of how "tough" Miami wants to be in this matter (or any
other type of nonconformity) is, of course, a policy decision. The hard fact of the
matter is that, where there are nonconforming uses of major structures,
nonconforming uses ordinarily do not dry up and blow away over time. (See
discussion on Sections 2104.10 and 2105, for elaboration of this point.)
In relation to proposed 2104, the reader may check out PO, XXVIII-I (1) (a)
and XXVIII-2. The latter reference creates the peculiar classification of a
nonconforming use in a conforming building (which confused the consultants as well
as those trying to explain the provision to them!).
Proposed 2104 constitutes an introduction to its subsections and sets the
parameters upon which its subsections operate.
PO, XXVIII-I (1) (a) and XXVIII-2, do not explicitly state the principle set out
in 2104.1, except, perhaps, by implication. The PO appears to be based on the
premise that the very "best" use of land, and that which is to be "most" protected,
is the residential use of land. The reader will note that the PO classification based
on residential as opposed to non-residential uses is dropped in this proposed
ordinance (with one or two later exceptions where the basis for making such a
classification seems to be on a sounder footing). Proposed 2105, referenced in the
2104.1 language, represents a somewhat different and recommended approach to
the treatment of nonconforming uses utilizing major structures than that found in
the PO.
The PO is, for the most, part, silent on the matter covered in 2104.2 except
for PO, XXVIII-2 (3), which permits extension by conditional use in a conforming
building. The language of 2104.2 is more restrictive than the PO in that regard.
Strangely enough, on the other hand, the PO contains a good deal of language about
additions to both conforming and nonconforming buldings utilized for nonconform-
ing uses. (PO, XXVI II-1 (1) (a) (2) and XXVI11-2 (2) (a) (2).) The matter of additions
is covered in proposed 2105. If the intent is to eliminate nonconforming uses, then,
such uses in buildings that are otherwise permitted in the district should be
restricted --at least in principle.
So for as proposed 2104.3 is concerned, the thrust of the PO provisions on
nonconforming uses in buildings is to structure. The fact of the matter is that land
on the premises is almost invariably utilized in some fashion to complement tf e
nonconforming uses. Provision should, therefore, be made to cover such use of land
and that is what 2104.3 is all about. While one may argue that the PO treats this
matter by implication, it is too important a consideration to be left in that fashion.
2104.4 is reserved.
Proposed 2104.5 attempts to clear up some problems with PO, XXVIII-I (5) (b)
and XXVIII-2 (1) (b). The PO materials at each reference noted speak of the change
being made within "six months," but there is no indication at all as to within six
months of "what." The date of the ordinance? Some other date? In addition, the
:1
PO language seems to make such a change a matter of right, for no City instrument
is indicated as having to give approval of the change. Surely this must have been
an oversight. Further, since we now know that nonconforming uses are not going
to disappear over time, there must be more flexibility than that enunciated under
the apparently highly restrictive policy of the PO. It is for these reasons that the
language of 2104.5 is included.
The language of proposed 2104.6 suggests a remedy for deficiency in PO,
XXVIII-I (5) (b) (2d sentence). Under the PO, a nonconforming use in a
nonconforming building which is discontinued for a continuous period of six months
may not thereafter be resumed. The provision is sound, except it neglects to take
account of intermittent vancancies over a period of time. And that pattern is
common. The time periods are based on the present six months figure.
Incidentally, use should be made of days, rather than months, in these types of
situations because the length of a month varies under the calendar.
Commentary on proposed 2104.7 is the same as for 2103.4.
The language of 2104.8 states more clearly the principle involved in PO,
XXVIII-I (3). In addition, 2104.8 eliminates the present dichotomy between the
nonconforming building and the nonconforming use in a conforming building. This
is as it should be. (And note discussion on 2104.9, following.)
The flexibility set out in 2104.9, and not found in the PO, could be of great
importance. There is no doubt, of course, that the authority mig t be misused,
even with the standards that must be met. Nevertheless, there have been
circumstances where such authority remedied an otherwise difficult situation. For
• example, while Miami has been fortunate in recent years in not experiencing a
major hurricane, such an unhappy event wreaking general destruction would almost
certainly find PO provisions inadequate to deal with the problems for nonconform-
ing uses that would arise.
Some special note and comment is necessary in connection with proposed
Section 2104.10. The approach taken to the elimination of certain nonconforming
uses in the PO, XXVIII-1 (5) (a), is that of "amortization." Except in connection
with certain nonconforming signs, the PO materials have not been enforced.
Amortization was viewed when conceived as providing a final solution to the
problem of nonconforming uses. It hasn't worked out that way. By the time the
idea was put forward, it had become apparent that nonconforming uses had a
peculiarly long life. The older approaches had been based on the idea that over
time the nonconforming uses would disappear. Everyone now knows that was a vain
hope. The nonconforming uses usually did not fade away. And if they did, old
dilapidated vacant structures remained to mark their demise.
Thus, the idea that the police power could be used to institute a system of
time periods was attractive to those who viewed nonconforming uses as a blot on
the zoning landscape. All that was necessary, so the idea went, was to set the time
periods, at the end of which the use was to cease, in such a way that the periods
were "reasonable." Reasonableness meant that the owner or operator had to have
time to "recover" his investment --and that "investment" was equated to the type of
structure involved. A concrete and steel structure obviously had a longer useful
life than a wood frame building. (This is the approach taken in the PO, XXVIII-1 (5)
0 (a).)
There were, however, problems. Largest among them was the fact that, as
the awful day of cessation approached, members of governing bodies (who had not
been around when the original provisions were passed!) now found themselves
subject to all sorts of political pressures. The tendency, and a most common one,
was now to seek ways to "get around" the regulations on the point. The tendency
has been particularly pronounced where the nonconforming use is one of
considerable economic importance.
A further complicating factor with this type of approach has been that
judicial reaction has been, to say the least, "mixed." No Florida appellate court has
passed directly on the issue. (Remember that Perkins v. Coral Gables mentioned
in connection with the discussion of 2103, dealt only with the nonconforming use of
land.) In some states such provisions have been found valid; in others, the rulings
have held them invalid.
It is true that an amortization requirement of the City of Tallahassee was
held valid in federal court where that amortization requirement was held to apply
to a structure oT-some value. Standard Oil Co. v. City of Tallahassee 183 F.2d410.
That case is frequently cited by those in Florida who support amortization
provisions of the type found in the present Miami ordinance. Yet the fact that the
case is a federal case does not necessarily make it, as the attorneys say,
"controlling" in the event of litigation in the Florida courts. Further, the special
circumstances of the case --the structure was a service station directly across the
street east of the State Capitol building --make it somewhat less persuasive than it
might otherwise have been.
Originally, the consultants presented for consideration three alternative sets
of language for 2104.10. There was workshop agreement to settle on the version
which is now a part of the proposed ordinance. Most amortization approaches have
been based (as in the PO) on the nature of the structure; yet it is the
nonconforming use which causes (or supposedly causes) tea verse effects on the
neighborhood. WTy, it is argued, should a nonconforming use in a concrete and
steel building be permitted a longer life than the same use in a wooden building?
And the argument makes sense. It is not "right" to equate the period of time during
which the adverse effects of the nonconforming use may continue to the tZp2 of
structure. If it is the use that is sought to be eliminated, then requirements should
be baron that fact. t-is difficult to quarrel with the logic, and the language of
proposed Section 2014.10 accepts that logic.
Given the rather lengthy discussion already set out, no particular reference is
made to the specific subsections of 2104.10. It should be noted, however, that
2104.10.1 applies only in residential districts.
Whether the provisions of 2104.10, if adopted, will result in better
enforcement than has been the case under the PO is, at least, open to question.
2105.
Proposed Section 2105 represents a major new approach to the treatment of
nonconformities. The proposed technique is relatively new on the zoning scene.
At least one of the elements in the approach is found in verX limited fashion
in the PO, XXVIII-1 (1) (a) (2) and XXVIII-2 (2) (a) (2). It should be emphasized,
however, that about the only real similarity between 2105 and the PO is in the use
of the Zoning Board. While references are made to the PO in this 2105 discussion,
Em
There were, however, problems. Largest among them was the fact that, as
the awful day of cessation approached, members of governing bodies (who had not
been around when the original provisions were passed!) now found themselves /4N
subject to all sorts of political pressures. The tendency, and a most common one,
was now to seek ways to "get around" the regulations on the point. The tendency
has been particularly pronounced where the nonconforming use is one of
considerable economic importance.
A further complicating factor with this type of approach has been that
judicial reaction has been, to say the least, "mixed." No Florida appellate court has
passed directly on the issue. (Remember that Perkins v. Coral Gablesi mentioned
in connection with the discussion of 2103, dealt only with t e nonconforming onconforming use of
land.) In some states such provisions have been found valid; in others, the rulings
have held them invalid.
It is true that an amortization requirement of the City of Tallahassee was
held valid in federal court where that amortization requirement was held to apply
to a structure of -so —me value. Standard Oil Co. v. CitX of Tallahassee 183 F.2d410.
That case is frequently cited by those in Florida who support amortization
provisions of the type found in the present Miami ordinance. Yet the fact that the
case is a federal case does not necessarily make it, as the attorneys say,
"controlling" in the event of litigation in the Florida courts. Further, the special
circumstances of the case --the structure was a service station directly across the
street east of the State Capitol building --make it somewhat less persuasive than it
might otherwise have been.
Originally, the consultants presented for consideration three alternative sets
of language for 2104.10. There was workshop agreement to settle on the version
which is now a part of the proposed ordinance. Most amortization approaches have
been based (as in the PO) on the nature of the structure; yet it is the
nonconforming use which causes (or supposedly causes) tea verse effects on the
neighborhood. WTy, it is argued, should a nonconforming use in a concrete and
steel building be permitted a longer life than the same use in a wooden building?
And the argument makes sense. It is not "right" to equate the period of time during
which the adverse effects of the nonconforming use may continue to the typ2 of
structure. If it is the use that is sought to be eliminated, then requirements should
be based that fact. 7t is difficult to quarrel with the logic, and the language of
proposed Section 2014.10 accepts that logic.
Given the rather lengthy discussion already set out, no particular reference is
made to the specific subsections of 2104.10. It should be noted, however, that
2104.10.1 applies only in residential districts.
Whether the provisions of 2104.10, if adopted, will result in better
enforcement than has been the case under the PO is, at least, open to question.
2105.
Proposed Section 2105 represents a major new approach to the treatment of
nonconforrnities. The proposed technique is relatively new on the zoning scene.
At least one of the elements in the approach is found in verx�limi��ted fashion
in the PO, XXVIII-I (1) (a) (2) and XXVIII-2 (2) (a) (2). It should be emphasized,
however, that about the only real similarity between 2105 and the PO is in the use
of the Zoning Board. While references are made to the PO in this 2105 discussion,
EN
they are well nigh meaningless. The PO approach fundamentally is narrowly
limited to additions to nonconforming structures housing nonconforming uses where
the noncon orb ming uses are conditional uses in the district (a basic contradiction in
terms to start with) and conforming buildings housing nonconforming uses. Matters
of use of land, screening, etc. are not covered in the present ordinance, except
(possibly) by very broad implication.
In essence, proposed Section 2105 proposes a bold change in approach to the
treatment of nonconforming uses in major structures. Many of these uses simply
are not going to disappear, even with the rigorous application of 2104.10 (and
assuming, ar uendo the constitutionality of 2104.10). Further, with energy
problems increasing y upon us, it may in some instances be positively against the
public interest to require such uses to "go away".
The first subsection, 2105. I, states intent. The remaining subsections provide
the standards and the mechanism. In effect, the proposed Section takes account of
a "trade-off" process. The nonconforming use remains but it is "dressed up" in such
a way that the adverse effects are diminished. The 2105 proposal, viewed overall,
is new to Florida --and to most other parts of the nation. No one at this point in
time can "prove" that it will work, because the few places that have tried it have
not had it in operation long enough to provide any hard data. We do know that the
resent approach has not worked --and it is long past time to try what appears to be
a viabla alternative.
Proposed Section 2105.2 uses the special exception (called a conditional use in
the PO) as the instrument for carrying out the intent of 2105.1. The second
paragraph of 2105.2 should be noted carefully. As stated, the provisions of 2105
would not apply where amortization is required by the terms of 2104.10.
Remember that 2104.10 applies in residential districts only. Thus, 2105 would
apply for nonconforming uses in other districts. One may argue that 2104.10 should
be eliminated altogether, with 2105 taking up the burden. On the other hand, if
2104.10 ends up being enforced, then 2105 still serves a very useful purpose for the
other districts. In any event, there is almost certainly going to be discussion on
this last sentence of 2105.2.
The nature of materials to be submitted for special exception under 2105
should be such as to insure the proper implementation of the intent of Section
2105.1. Thus in the language of 2105.3 there will, quite obviously, be differences of
opinion as to what should and v:hot should not be required. One thing is certain. It
is the owner or operator of a nonconforming use that seeks the protection of a
special exception; regqu ements-7or submittal of materials, therefore, can (and
should) be rigorous.
In connection with additions only, the PO, XXVIII-1 (1) (a) (2) (a) and XXVIII-2
(2) (a) (2) (a), uses a 25% figure on expansion. That figure has been retained in
2105.4. Of much greater importance, note that the 2105.4 language carefully
limits the basis for extensions or expansion, a matter not directly considered in the
PO. It should be understood that the expansion of a nonconforming use in a major
structure is (1) - not a matter of right, (2) not to maintain or extend economic
monopoly (see, e.g., CD, Section 2104.9), and 10) - not for the purpose of simply
permitting expansion for the sake of meeting someone's desire for expansion.
. Perhaps the last sentence of 2105.4 is of less importance today, with the
energy crisis, than it would have been a few years ago.
Em
Except by implication, the PO contains no language similar to that of
proposed Section 2105.5. Proposed 2105.5, and 2105.6, 7, & 8 which follow all deal
with the basic matter of ameliorating the adverse effects of the nonconforming use
on the surrounding conforming uses. None of these matters are articulated in the
PO. It is true that where additions only to nonconforming uses are concerned, the
Zoning Board under the PO could attach conditions and safeguards to its grant of
conditional use; and it is true that those conditions and safeguards could cover
screening, parking, lighting, etc. It is preferable to spell out these matters, even
though 2105.3 provides that the general provisions and standards relating to special
exceptions apply to extension or enlargement of nonconforming uses under proposed
Section 2105.
The same comments as immediately above apply to 2105.6, 7 & 8.
The language of 2105.9 specifically requiring findings in the matters covered
by proposed Section 2105 might on first consideration seem unnecessary in view of
the general provisions requiring findings for all special exceptions. (Proposed
Section 2606). While the general requirements G all special exceptions do apply in
the case of the extension or enlargement of nonconforming uses under 2105, the
careful reader will note that there are additional findings by the Zoning Board that
are necessary as stated in 2105.9.
2106.
The PO, XXVIII-1 (except XXVIII-I (1) (a) ), goes into considerable detail on
the matter of nonconforming structures. Thus, the PO speaks specifically to floor
area ratio, lot coverage, lot area related to structure, yards, minimum floor area,
etc. The rules in regard to most of these are related principally to one matter
only --additions to the structure. Thus the PO omits other potentially important
considerations.
The language of 2106 and in the subsections of 2106 that follow, accomplishes
in practically every instance the intent of the somewhat repetitive language of the
PO, as well as speaking to other matters.
Where a structure conforming as to use but nonconforming on some other
matter is involved, the issue is (or ought to be) only that the nonconformity not be
increased. Thus, the language of 2106.1.
The language of 2106.2 provides somewhat greater flexibility than is possible
under PO, XXVIII-I (3).
The PO takes no account, except possibly by inference, of the fact that
nonconforming structures may sometimes be moved a bit on their own lot. The
language of 2106.3 does. At the moment, the instrument proposed in connection
with moving structures is the Class D special permit, but there would be no
particular objection to reducing the requirement to a Class C or even a Class B
special permit. (See proposed Article 23 for general materials on different types of
permits.)
2107.
The PO does not really sort out from the other types of nonconformities the
nonconforming characteristics of use. Proposed Section 2107 treats these
important matters. Not infrequently, it is the nonconforming characteristics of
use, like nonconforming signs, that cause the friction in a neighborhood, not the
nonconforming use itself. Control of these nonconforming characteristics of use
• may substantially reduce the impact of the nonconforming use on the immediate
area where it is located. So far as 2107.1 is concerned, an owner or operator of an
activity with nonconforming characteristics of use should not be permitted to
increase those nonconformities.
There are, too, conforming activities that have nonconforming characteristics
of use; in these instances, or example, regulations designed to reduce sign numbers
and sizes can contribute greatly to the up -grading of an area. Proposed 2107 will
have its greatest application in these nonconforming characteristics of use in
connection with conforming uses.
Proposed Section 2107.2 sorts out residential from nonresidential districts and
sets out regulations accordingly. The PO, XXIV-1(17), does not perform this sorting
process. A short time period for nonconforming signs in residential districts is
proposed by 2107.2.1. The last clause of 2107.2.1 is taken from the PO language as
just referenced, but remember that the overall sign controls to be proposed in the
new ordinance are more restrictive than those of the PO.
Under the PO, XXVIII-3 (3), Miami has enjoyed a measure of success in
litigation on billboards. The language of 2107.2.2 is, therefore, substantially that
of the PO, with an important addition in 2107.2.2 (b) to preserve the City's rights in
the long running legal battle on the matter. Sub (b) is designed to insure that there
will not be a new base date from which a time limitation could run, thus extending
the life of the signs involved.
i 2108.
It is possible, under one interpretation of PO, XXVIII-1 (1) and XXVIII-2 (2),
that maintenance could not be performed on either a conforming or nonconforming
structure housing a nonconforming use. That interpretation most certainly is not
intended and, equally, maintenance has been performed over the years on
structures in these situations. In addition, the PO language is unduly restrictive
and speaks, really, to alterations and additions, not true maintenance. The
language of proposed Section 2108 clears up these matters. Taken in conjunction
with previous elements of this proposed Article 21 on nonconformities, it provides a
good basis for the sticky problems of alteration, addition, and maintenance.
2109.
If lack of maintenance has brought the property involved to an unsafe
condition, there is no reason at all to permit the nonconforming structure or the
nonconforming use in a major structure to continue. Utilized in conjunction with
the City's unsafe building code, minimum housing code, and the provisions of
Section 2110, following, proposed 2109 offers an administrative vehicle for getting
rid of an occasional nonconformity. The provision is not one, however, to which
frequent resort will be had.
2110.
Comment is as for proposed Section 2109.
PO, XXVIII-5, is substantially similar to proposed Section 21 I I.
2112.
This language was added to reinforce the need of a certificate of use for non-
conforming uses.
ARTICLE 22. FUNCTIONS AND RESPONSIBIL
Proposed Article 22 attempts to set out generally the various elements of
responsibility for the different officers or agencies having functions in the total
process of zoning administration. While the PO does contain in its various parts
language placing responsibility on this, that, or the other officer or agency, the PO
does not have an article of the type covered by the language of Article 22. So long
as the various elements of zoning administration are working harmoniously
together, one might argue that there is little need for an Article 22. An
assumption of harmony, however, while warranted today may not be present
somewhere down the line. An Article along the lines of Article 22 has proved its
worth in other jurisdictions.
There is another aspect which suggests the worth of this approach. Proposed
Article 22 represents, at least in part, an effort to bring the City of Miami into a
new era of approaches to administration of zoning authority. The level of
sophistication represented by this proposed ordinance is considerably higher than
that of the PO. Article 22 provides a broad and generalized conceptual frame of
reference for the various parts of the zoning machinery under a proposed new
ordinance, and thus serves an important educational, as well as a legal, function.
There was some indication at the time of drafting that some reorganization
of at least some of the officers or agencies involved in zoning administration might
occur. To date, such has not been the case. Article 22 is general language under
which reorganization (or at least reorganization patterns which have been
discussed) could occur without any change in Article 22 language (or at least
minimal change).
2200.
There is a place or two in the proposed ordinance where responsibility for
interpretation is placed with an officer other than the zoning administrator, but
there is very little of this sort of thing. (See, e.g., proposed Section 2001 where the
Planning Director is given responsibility, in a limited context, for determination of
uses.) Original interpretation and enforcement should be in the hands of the zoning
administrator, unless there are compelling reasons otherwise.
2201.
The language of 2201 presents a question which one of the consultants raised
am
in 1972-73 about the review by the City Commission of quasi-judicial actions
(presently conditional uses and variances) of the Zoning Board. At that time, it was
urged on the Commission that it divest itself of authority to review quasi-judicial
actions of the Zoning Board, with review of those actions going directly from the
Board into the judicial system. (Functions of the Zoning Board relating to
amendments to the zoning ordinance .m�ust.under law, remain advisory to the City
Commission since that activity of the Loving Board is legislative in nature.) The
Commission did not at that time accept the recommendation, though it was agreed,
and so it is found in the PO, that the Commission would not review quasi-judicial
actions of the Zoning Board except upon a request for review.
This 1972-73 position was again recommended by the consultants for this new
ordinance. The consultants believe that the Commission has good many other
things to do, without being in the position of having to review quasi-judicial Board
actions. Further, there is little political profit (and often a good deal of political
loss) in having to review matters of this type. As a final point on the issue, the
bulk of city and county governments in the State of Florida now provide that such
decisions go from the Board directly into the courts.
There is however, a history of legislative body review of these types of
actions in Dade County. Why this should be so and what historical developments
have contributed to it, the consultants do not know, but such is the case. And there
is a human tendency to "continue with what has been." So, after workshops, the
consultants were directed to so write the new ordinance on this point as to continue
the present practice.
The language of this proposed Section reflects the Commission's continued
role as reviewer of quasi-judicial decisions of the Zoning Board.
2202.
The purpose of the 1972 amendment to the City Charter establishing what
was to known as the "two board system" was to free the Planning and Zoning Board
from routine zoning matters in order that a new Planning Advisory Board could
devote most of its time to the broader considerations of planning.
The PO requires certain types of amendments to be heard first by the PAB
and others to be heard first by the Zoning Board. No change in this present process
has been contemplated as reference to proposed Article 35 will demonstrate.
Under this proposed zoning ordinance, the PAB is involved in a number of matters,
primarily in an advice giving capacity. In the main, under this proposed ordinance
the PAB is freed insofar as possible for consideration of planning matters.
2203.
The Zoning Board's functions and responsibilities are increased by this
proposed ordinance. Were the City Commission to decide that review of the
Board's quasi-judicial functions were to be to the courts, its responsibilities would
be increased even further. Even in maintaining the present Commission review
process, the Zoning Board has an increase of responsibility under this proposed
zoning ordinance.
2204.
The present role of the Planning Director in relation to zoning is I
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different under this new ordinance primarily by the introduction of the Class C
special permit concept. The fact of the matter is, however, that under this
proposed ordinance the responsibilities of the Planning Director in respect to
zoning have been greatly increased. The reader cannot have failed to notice, if
nothing else, the greatly increased number of times the phrase "director of the
Department of Planning" has been utilized.
A Final Note on Article 22.
The reader knowledgeable of Miami City government will have noted the
absence in Article 22 of any reference to the present Department of Administra-
tion for Planning and Zoning Boards. This particular department was established in
1973 when the two board system was implemented. There were cogent reasons for
the establishment of the department at that time.
The department serves a very necessary function in zoning administration.
Whether or not it is necessary to have a se rate department for that purpose has
been and is a subject for discussion and tuture decision. The functions of the
department at present are primarily ministerial and clerical.
Throughout this proposed zoning ordinance, great care has been taken to
utilize phraseology such that the present department can be retained or
reorganized without having to change the language of the proposed ordinance. The
reader will have noticed phrases like "an officer or agent designated by the City
Manager shall receive the application" or words of similar intent. This type of
phraseology, let it be repeated, can cover a present or a reorganized system.
The proposed ordinance is therefore neutral, as it should be, on possible
argument over whether or not there should be reorganization of the present
Department of Administration for Planning and Zoning Boards.
ARTICLE 23. SPECIAL PERMITS
In their critique and evaluation of the PO, the consultants viewed the
establishment of a graded system of special permits as one of their most important
recommendations. Certainly this is the most important procedural recommenda-
tion.
Proposed Article 23 establishes a general framework for the system. It sorts
out and creates six classes of special permits, ranging from the Class A special
permit where a rninimurn of control is necessary to the major land use special
permit which regulates development so great in impact and scope that the City
Commission itself is the granting agency.
By establishing this framework, it is then just a matter of policy judgment, in
the case of a particular use requiring some degree of control and restriction prior
to the issuance of a building permit, as to which form of special permit shall be
applied. The reader has noted language here and there in the text of this proposed
zoning ordinance requiring different types of permits. Reference to the proposed
schedule of district regulations will show any number of other uses requiring special
permits.
By setting out the general requirements in Article 23 it is unnecessary to
repeat (as the PO so often does) procedural and standard -type material time and
again for each of the uses believed to require some special restrictions and
analysis. A simple reference to a "Class A special permit required" is all that is
necessary.
The PO does not have a special permit "system." The PO does, of course,
utilize the conditional use, which in the proposed zoning ordinance becomes a
"special exception" for reasons to be stated later. The PO does require certain
types of approvals at one point or another. But there is no organization of a special
permit system in the PO.
(The reader may wish to read BBR, 31-35, 454, for further explanation of the
special permit system.)
2300.
A careful reading of this statement of intent provides a bit of an education as
to what the special permit system is all about. And that, after all, is one of the
purposes of a statement of intent!
2301.
In BBR, 31-35, 454, the consultants did not go into any detail about how their
recommendation for a special permit system was to be implemented by ordinance
language. Proposed Section 2301 begins that implementation process. By the
terms of 2301, the six classes of special permits are established, together with
materials of a very general nature on procedure.
Sub 2301.1 and 2301.1.1 deals with the generalities of the Class A special
permit. It is issued by the zoning administrator, who may make referrals to other
officers or agencies. He is not, however, bound by the -recommendations of the
other officers or agencies when he chooses to make referrals. The Class A special
permit is of particular utility for those good many uses, often terporary in nature,
which require some form of control but, at the same time, relatively simple
procedure. Such possible matters as use of temporary structures or mobile homes
at construction sites, use of mobile homes for security purposes, temporary signs,
limited adjustments in side yard requirements, neighborhood events (like certain
types of carnivals), and the like come to mind. Certainly no major involvement by
the City bureaucracy or governing body, or public hearing, should be necessary in
such instances. (See also, proposed Article 24 which sets out the details of the
Class A special permit.)
Sub 2301.2 sets out the generalities of the Class B special permit. In this
class of cases, specialized technical reviews or determinations are required. The
problems are more serious than those in the Class A category. Examples might
include review of plans for offstreet parking and loading areas and access to public
ways or determinations as to potential health or environmental problems. Where
matters of this kind are likely -to be beyond the expertise of the zoning
administrator and there are officers or departments of City government specializ-
ing in the fields involved (or Dade County agencies), their review should assure
improved functioning of the regulatory process. The zoning administrator is still
ultimately responsible (2301.2.1), but he is not free to grant the Class B special
permit without all the required referral materials in hand before decision. (See
also, proposed Article 24 which sets out the details of the Class B special permit.)
Ma
Sub 2301.3 sets out the generalities of the Class C special permit. Class C
special permits will involve a broad spectrum of actions relating to implementation
of planning policy, such as site and development plan review for certain classes of m�
cases and a variety of technical determinations. A rather wide use is made of the
Class C permit in the proposed ordinance. Some present conditional uses, for
example, are recommended for Class C procedure. The director of the Department
of Planning is "solely" responsible for the administration of the Class C special
permit. Depending upon the terms of the ordinance for the particular use involved
there may be mandatory referrals to other officers or agencies, or the director may
make other discretionary referrals if he thinks fit. (See also, proposed Article 25
which sets out the details of the Class C special permit.)
Sub 2301.4 sets out the generalities of the Class D special permit and the
special exception. Traditionally, zoning boards have handled special exceptions
(called in the PO "conditional uses") specified in the ordinance, and the procedure
has required formal public notice and hearing. (Proposed Article 26, provides
details on performance of this function.) Provisions suggested in 2301.4 provide a
"slot" for a class of cases where the expertise and judgment of the Zoning Board is
required, but where the full-scale procedures on special exceptions appear
superfluous and could lead to unnecessary delays because of the requirement for
formal public hearing. The language would allow the Board to make decisions on
this class of cases without a formal hearing (2301.4.1). The protections of open
meeting and previously prepared agenda apply. The result should be a saving in
time, if not of expense.
The distinction between the Class D special permit and the special exception
is set out in Section 2301.4.1.
Proposed Section 2301.5 sets out the generalities of what is called the "major
use special permit." The details of this instrument are set out in proposed Article
28, and no great effort is made at this point to discuss the concept of this element
of the special permit system. Under the PO, the Commission is committed to
involvement in a maze of zoning trivia by the established conditional use
procedures --determinations as to drive-in tellers, sale and display of monuments in
C-2 districts, day nurseries in one -family districts, and so on. As proposed, the
responsibilities of the Commission with regard to special permits will be reserved
for matters of city-wide or area -wide importance (2301.5), with less significant
special permit determinations made under one of the previous five procedures. On
this class of actions, broad -scale referrals are appropriate.
In establishing an orderly system of special permits, it is necessary to set out
clearly that variances are not governed by the requirements for special permits
(2301.6). This fact is, of course, inherent in 2301, when the variance is not listed as
a special permit. Nevertheless, it is better to leave no doubt of the matter.
2302.
This Section makes the relationship clear between special pert -nits and
routine building permits and certificates of use, and between special permits and
uses or occupancies not requiring building permits or certificates of use (as for
example temporary outdoor exhibits or neighborhood carnivals). It also makes it
clear that where multiple special permits are required (as may occasionally be the
case) all must be obtained before building or occupancy permits are issued or
occupancy begun. Put simply, the above language makes the special permit, where
required, a condition precedent to the issuance of a building or occupancy permit.
MT
2303.
One of the factors that causes the average citizen to be a bit concerned when
administrative discretion is conferred on a governmental agent or body is the
feeling (not infrequently justified!) that the agent or body will act arbitrarily in the
exercise of that discretion. Actually, of course, the courts in Florida and
elsewhere have stated with considerable clarity that where an applicant meets
whatever standards are set out in the ordinance, the permit must issue. In spite of
numerous cases, the general principle is not always met in practice. The above
language writes that principle into the ordinance. Legally, it is not necessary.
Psychologically, it may serve to deter, at least in part, arbitrary action.
So the provisions of 2303 do several things.
Overzealous officials are prohibited from requiring applications for special
permits unless there is a clear requirement for them. Applicants are prohibited
from submitting, officers from accepting, and (in case of oversight by officers)
boards from approving, applications for special permits not specifically authorized
by the ordinance. It is made clear that where an application demonstrates that
requirements are met (or could be met by attachment of conditions and safeguards)
the permit shall be granted; otherwise, it shall be denied. "Practically and
reasonably" in language concerning denials provides at least a general guide. Given
a corner lot adjacent to an arterial street and a requirement for access to an
arterial street, it would be appropriate to issue the permit on condition that access
be taken only from the arterial street. If the lot were not adjacent to an arterial
street, and suitable access to an arterial street could not be arranged through
private property, the permit should be denied, rather than issued with an impossible
condition.
2304.
Except where organizational framework is firmly established (as for condi-
tional uses in some instances at present), it is desirable to leave language
concerning specific administrative responsibilities flexible, allowing the City
Manager leeway to make assignments under administrative reorganizations he or
the City Commission may direct without confusion arising from "frozen" ordinance
language (or need to change the ordinance). There should of course be some
limitation as to who may file, and it seems reasonable that an applicant other than
the property owner should have formal consent of the owner to do so. These aims
are accomplished by 2304.1.
In 2304.2 it is desirable to keep language flexible, and to allow for
administrative flexibility within the rule that material requested must be
"reasonably required to make the necessary findings in the case." Detailed listing
of what may be required are merely illustrative, and detailed listings of what must
be included (if designed to fit all the circumstances surrounding all special perm7ifis,
or even a single class of special permits) rapidly demonstrate overkill, so far as
being "reasonably required to make necessary determinations" is concerned. For
example, under the head of special exceptions, an automotive service station in a
relatively restricted commercial district might well require full-scale site and
development plans including architectural renderings, storm drainage, landscaping
plans, and so on. But this wealth of detail is hardly required in making a special
exception determination concerning reduced offstreet parking requirements at a
home for the elderly.
WE
Application forms must be completed and fees paid before processing the
application for special permit (2304.2.2). And, on occasion, supplementary
materials may be necessary and can be required, on penalty of denial for failure to
provide them (2304.2.3).
2305.
This language deals with general considerations for decision on special permit
and the requirement of findings and determinations by the responsible officer or
agency. In order to avoid interminable repetition of listings of matters to be
considered, those which appear most generally applicable are grouped in 2305, to
apply to all special permits "as appropriate." The "as appropriate" modifier is
added because in some instances, the nature of the special permit does not require
consideration of all of the elements listed. Pro forma compliance with across-the-
board listings in such cases would merely clutter the record, and would not be
substantially related to the public purposes of the regulations.
Persons familiar with the PO know that XXXiI-2 (1) (d) setting general
standards for granting conditional uses includes a good deal of the material set out
in proposed 2305.1-7. No particular comment on this proposed material seems
necessary, except to note again that not all of the standards set are necessarily
applicable in all applications for special permit.
2306.
In the PO, XXXI I-3 (1) & XXXi-3 (1), provision is made for penalty where
conditions and safeguards placed by the Zoning Board on a grant of conditional use
or variance are violated. Obviously, the PO also contains materials (XXXI-3 and
XXXII-3) providing authority to the Zoning Board to grant conditional uses and
variances with attached conditions and safeguards. Proposed Section 2306 extends
the "conditions and safeguards" approach to all the six types of special permits. in
2306, the general rule concerning substantial relation of regulations to public
purposes is restated in relation to special permits. Where necessary for
accomplishment of public purposes, conditions and safeguards should, of course, be
attached, but it should be made clear what the public prurpose is, and that the
special limitation or requirement is not arbitrary, capricious, or unreasonable in
achieving its objective.
2307.
In previous discussion of the various types of special permits, some note was
made of the fact that certain of them "required no formal notice and hearing," but
that the applicant's legal rights were protected. It is with this proposed Section
2307 that a fuller explanation of the earlier somewhat cryptic remarks must be
explained more fully.
An applicant's rights must receive protection against arbitrary action by the
agent, agency, or body that is charged with responsibility for issuance of the
particular type of permit. These protections are substantive and they must also be
procedural. This proposed Section 2307 is procedural in character. The intent of
the language and that which follows in other sections dealing with special permits
is to insure that the applicant has full opportunity to be aware of the information
used by the responsible agent, agency, or body and that the applicant is afforded
full opportunity to supply information to rebut a possible denial of the special
permit.
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It is important to note that the fact that a procedure is informal does not
mean that it must not be in accord with basic concepts of due process. lie
consultants emphasize, on the other hand, that the fact a procedure is informal
does not automatical!y mean that it is; illegal! Remem r, too, that the sic id ea
in establishing a graded system o speciaT permits is to provide an easier, flexible,
but still responsible, method for issuing special permits requiring some checking
and application of expertise. For those special permits of minor impact,
requirements of full formal public notice and hearing are simply not realistic --nor
are they necessary.
Thus, whether procedure is formal or informal, due process requires that the
applicant know the basis on which the City's officers or agencies are acting
(2307.1). Further, the keeping of records (quite well done under the PO) on both
formal and informal conferences is important (2307.2).
2308.
Proposed Section 2308, regularizes notification of action taken on special
permits. Not only is it important that the applicant receive notification (2308.1 &
2), but appropriate governmental agencies must be aware of what has transpired
(2308.3&4). Present administrative practice accords in large part with these
provisions. With the expansion of the special permit system, it is important to set
out notifications. Different agents or bodies will be involved, with liaison even
more important than is now the case.
2309.
The language of 2309 is, or ought to be, the overall rule of any special permit
system. Special permits deal with use or characteristics of use. The permit,
therefore, should be related to the land, structure, or use. The language of 2309 is
intended to insure that the special permit, granted of course in the name of an
individual, partnership, or a corporation, cannot, for example, be "transferred" to
another parcel of land. The language, further, points up for the agent, agency, or
board, responsible for the special permit that the position, personality, or economic
status of the applicant is not a factor in decision.
2310.
This material speaks to a technical problem of procedure that has sometimes
arisen under the PO and where, for the most part, the PO makes no provision. For
the "lesser" permits, the penalty for withdrawal is not so great as for the special
permits requiring formal notice and hearing.
2311.
The matter of City Commission review of quasi-judicial decisions of the
Zoning Board has already been discussed in connection with proposed Article 22,
and that material will not be repeated here.
Descriptively, this proposed Section 2311 calls for a review procedure that
runs from the administrative official (zoning administrator for Class A and B
special permits and planning director for Class C special permits) to the Zoning
Board and from there to the City Commission. Original Zoning Board decisions on
Class D special permits and special exceptions and decisions on review of zoning
administrator or planning director rulings go to the City Commission for review. If
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further review is desired, the Commission's decisions are reviewable in the courts.
ARTICLE 24. CLASS A AND CLASS B SPECIAL
PERMITS: DEMILED REQUIREMENTS.
Proposed Article 23 is a general article, with the material contained therein
applicable to the six types of specc"al"W"permits that are established by this proposed
ordinance. Obviously, any special permit system will require additional ordinance
materials specifically applicable to each of the six classes of special permits. This
Article 24 deals with Class A and Class B special permits. Subsequent articles deal
with Class C and Class D special permits, special exceptions, and major use special
permits.
Materials on the relationship between particular uses or occupancies and
specific types of permits will also necessarily appear at points in the schedule of
district regulations and in proposed Article 20, General and Supplementary District
Regulations.
The zoning adminstrator, it will be recalled, is responsible for both Class A
and Class B special permits. (The basic difference between the two being the
mandatory referrals required for the Class B special permit.) Hence, both Class A
and B special permits are covered in this single proposed Article 24. The reader
should keep the general provisions of Article 23 in mind as he goes over this
proposed Article 24 material, and particularly proposed Sections 2301.1 and 2301.2.
2400. This material simply sets the regulatory parameters of the Class A and Class
B special permits.
2401.
In the administration of special permits, it is necessary to establish some
limitations, to restrict administrators so that they will not be dilatory on a matter
which may not seem important to them but is important to the applicant.
In 2401.1, no formal notice or hearing is re_quired for Class A or B special
permits.
So far as 2401.2 is concernaul, which deals with this question in the Class A
special permit context, remember that the Class A special permit is designed for
relatively uncomplicated situations, where the total process conceivably could be
handled in a single trip by the applicant to the zoning administrator's office. A
temporary sign for the advertising of a special event might fall in this category.
On the other hand, a Class A special permit for adjustment of a side yard might
require physical inspection of the premises by the Zoning administrator prior to
decision. Further, it is characteristic of the Class A special permit that the Zoning
administrator may refer the application to other offices or agencies.
The language of 2401.2 is flexible enough, taken in conjunction with
succeeding materials, to provide the requisite flexibility time -wise while insuring
relative promptness in the disposition of the matter.
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Almost certainly some question will be raised, too, about the possibility of
"oral" notification and its legality. Obviously, there are problems. The consultants
suggest that the language remain, however, for it makes no sense at all to require
fA that in all instances of Class A special permits, no matter how minor or certain of
issuance, such applications must "sit on a desk" for given time periods.
A special word should be said about the phrase of 2401.4 relating to time
extension -"in writing and for good cause shown." Some language of this type is
necessary for the occasional situation that will, indeed, require added time.
Recognizably, there is always the danger of abuse under this type of language. The
applicant might be forced to agree to extension at the suggestion of the zoning
administrator, even though the applicant is morally certain the administrator is
really committing junior -grade "blackmail." After all, failure to agree on the part
of the applicant could prejudice the administrator when he makes the final
decision!
There is really no categorical solution to this type of problem. Fundamental-
ly, the checks on abuse are those of politics and administration. It is always well to
remember that any system can be perverted. A system that provides complete
protection for the citizen is a system that can do nothing for the citizen. The
whole purpose of the special permit system is to provide flexibility in the
treatment of problems presently inadequately handled, handled only after extensive
periods of time or not handled at all --and all at considerable cost.
The time limits set out are, perhaps, a bit over generous, for most of the
determinations required, for neither the Class A or Class B special permits are of
earth shaking consequence. The necessity for referral for the Class B special
permit does require an additional period (2401.3).
A number of aspects of the language of 2401.4 will certainly be questioned.
Saying that the zoning administrator cannot act until he receives the reports of the
"referenced officers, agencies, or departments" provides a possible loophole to
avoid decision. The purpose of mandatory referrals (those set out in the ordinance)
is to insure that the zoning administrator has full information on which to base his
decision. On the other hand, a dilatory officer or agency, under the language given,
could hold up the zoning administrator's decision unconscionably. Some thought
was given to requiring the zoning administrator to go ahead and make a decision, if,
after a set number of days, he had not received the reports of all of the required
officers or agencies. That language would defeat the purpose of mandatory
referral --and some agencies might deliberately fail to make the reports!
Given the above language, about all that can be said is that in such a
situation, the zoning administrator would be forced to resort to administrative
communication with the City Manager, requesting the manager to take action to
obtain the tardy report from the delinquent officer or agency. Hopefully such a
situation would be resolved by administrative action, since it is impossible to solve
by ordinance.
There is, however, another type of problem. A referenced agency might not
be under the jurisdiction of the City Manager. One can note, for example, the
traffic agency of Dade County. Here, there appears to be no satisfactory solution.
Note that the language of 2401.4 would apply only in the case of Class B
special permits, since those are the ones that have required referrals. Those
referrals which are made by the zoning administrator at his option would not be
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covered. Deletion of the phrase "required by the zoning ordinance" would make the
prohibition on action applicable to all referrals.
The language of 2401.5 would be applicable to those Class B special permits ~
requiring referrals and those instances where the zoning administrator exercises a
well-grounded option and makes references on Class A special permits and
additional referrals on Class B special permits. The applicant must have a right to
refute materials. Hence, the idea of the conference. In the majority of instances,
it is safe to say that conferences will not be necessary.
The language of 2401.6 takes account of the variety of possibilities at the
time of the scheduled conference, while 2401.7 sets the time limitations for
decision where a conference has been held.
2402.
The zoning administrator, under the Class B special permit, must make
mandatory referrals, and is not free to grant the permit before all required referral
materials are in hand so a decision can be made (2402.1). Conditions and
safeguards may be attached (2402.2).
2403-2449.
These Sections are reserved against the possibility that at some future date it
might be deemed necessary to set out certain types of activities (aside from those
elsewhere in the text or schedule of district regulations) requiring Class A or Class
B special permits.
2450.
Review of decision of the zoning administrator is to the Zoning Board, thence
to the City Commission, and from there to the courts.
ARTICLE 25. CLASS C SPECIAL PERMITS: DETAILED
Enough has already been said by way of commentary to proposed Article 23 so
that extensive discussion of the nature of the Class C special permit in the zoning
scheme of things is hopefully unnecessary. Suffice it to say that this proposed
Article 25 deals with the detailed requirements (primary procedural) to be followed
by the planning director in the issuance of Class C special permits.
2500.
This material simply sets the regulatory parameters of the Class C special
permit.
2501.
No formal notice or hearing is required, but the applicant's legal rights are
protected.
2502.
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The same general type of comment applies here as was made in connection
with proposed Section 2401.3 & 4. There is always a danger in setting out by ordi-
nance a time limitation within which referrals of the type contemplated by the
above language should be returned. Yet the alternative also has its problems;
failure to include a provision of this type can well result in dilatory action or no
action onthe part of the agency to which reference has been made. There will of
course, be some Class C permits where references will be required by the ordinance
and some where the Planning Director will wish to make referrals, even though not
required to do so. In the third class of cases, where no referral is made, the
language of 2502 does not, of course, apply.
2503.
Since Class C special permits will involve matters of greater seriousness than
those related to Class A or B special permits, the time limitations set out in 2503.1
are somewhat longer. Given the types of materials and considerations that will be
involved in Class C special permit situations, the times suggested may be, if
anything, too restrictive. If, upon the adoption of a new zoning ordinance, a large
number of situations have been placed under the Class C special permit control --
but without adequate personnel --the time requirements suggested would be
impossible to meet. Thus, a final decision on stated time limitations should be
geared to the ordinance the way it is passed, with appreciation of personnel
requirements.
What referrals may be mandatory for specific permits will be spelled out in
the ordinance itself and 2503.1.1 applies where there are no referrals. Where there
are referrals, 2503.1.2 applies. Problems of potential inaction have been previously
discussed in connection with 2401.4.
The language of 2503.2 deals with the situation where the applicant requests
a conference for what is, in effect, the statement of a rebuttal position. This is a
fundamental right and to deny the applicant that right would be to deny him due
process of law.
The material of 2503.3 simply deals with details of the conference in the
variety of possible situations. Proposed 2503.4 sets the time limits for decision
after the conference has been, or if no conference is held.
2504-2509.
Reserved.
2510.
In mentioning the reason for reservation of proposed Sections 2403-2449, it
was stated that the reservation was made against the possibility that at some
future date it might be deemed necessary to set out in the reserved sections
certain types of activities (aside from those set out elsewhere in the text of the
ordinance or the schedule of district regulations) requiring Class A or Class B
special permits.
Proposed Section 2510 is an example of how reserved sections might be used.
(Note that 2504-2509 and 251 1-2550 have been reserved). Here in 2510 a Class C
special permit has been established to preserve natural or archeological features.
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In PO, XXXI-5, there is a procedure for granting a "variance" for the preser-
vation of natural features. Now the bald truth of the matter is that the use of the
variance as an instrument for the accomplishment of what is a most worthy �.
o j-Tective simply has no foundation in law. Thus, this proposed ordinance takes that
PO material and puts it in a proper context --a special permit. The Class C permit
seems suited for such a purpose.
The basic language of this proposed 2510 is, therefore, pretty much that of
P09 XXXI-5, for the purpose of the PO language is an admirable one. The material
has been somewhat reorganized and language alterations made to fit the proposed
ordinance and the Class C special permit requirements and procedures. The only
somewhat important substantive change derives from the fact that PO, XXXI-5,
dealt with "trees and other natural features". The careful reader will note that
archeological (i.e., man made) characteristics can now fall under regulation, with
specific mention of geological characteristics as well. Thus, the coverage of 2510
is somewhat broader than that of the PO.
2511-2550.
Reserved.
2551.
Review of decisions of the director of the Department of Planning on Class C
special permits is to the Zoning Board, with recourse beyond that point, first, to
the City Commission, and ultimately to the courts.
ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL
This proposed Article 26 covers Class D special permits and special
exceptions. There are, of course, no PO references for the Class D special permit.
Article XXXII of the PO treats conditional uses, which in this proposed zoning
ordinance are called special exceptions.
Proposed Article 26 deals with the particularized requirements (primarily
procedural) to be followed in the issuance of Class D special permits and special
exceptions. Because the instrument for handling these two types of special permits
is the Zoning Board, both types are handled in this one article.
PO, XXXII, uses the term"conditional uses". This proposed ordinance changes
the terminology to the broader "special exception". While no recommendation to
that effect was made in BBR, it must be noted that this ordinance proposes to use
the special exception in circumstances which are not precisely in and of themselves
"uses". A special exception technique, for example, is a good way to permit
reduction in parking requirements for housing for the elderly. (See proposed
Section 2017.5.) Using the term "conditional use" in such a situation is a bit of a
misnomer.
The material of PO, XXXII, remains substantially incorporated in this
proposed ordinance, with the appropriate changes in terminology. Note that the
special exception technique is, under proposed Article 23, a part of a broader range
of special permits. The special exception machinery is peculiarly appropriate for
MT
use in those situations requiring protection for neighboring property and a neighbor-
hood in general, in contrast to those situations involving city-wide impacts on the
one hand (where the major use special permit is the instrument) and immediate
proximate property impacts on the other (where the range of Class A, B, C, and
even D special permits can be applicable).
2600.
This material simply sets the regulatory parameters of the Class D special
permit and the special exception.
2601.
Reserved.
2602.
The idea of reference is inherent for conditional uses PO, XXXII. Problems
of time limitations on referrals are the some as those stated for other special
permits. (See, e.g., discussion on 2401.4, but note later comment on proposed
Section 2603). The planning director is responsible for the preparation of recom-
mendations for Class D special permits and special exceptions (just as he is at
present for making recommendations on conditional uses).
2603.
This proposed Section deals with preparation of recommendations by the
planning director on Class D special permits and special exceptions. Note the
second sentence of 2603.2. Contrast this statement with that of 2401.4 where
action on Class B special permits (requiring referrals) cannot be taken without
receipt of such referrals. In the context of the longer time requirements proposed
or Class D special permits and special exceptions, and with Zoning Board
involvement, it would be unconscionable to hold up the process for failure of some
referenced officer, agent, or department to reply to the planning director.
Proposed Section 2603.3 above is probably unnecessary legally, since any
governmental officer may not exceed his delegated authority.
2604.
By 2604 the applicant and other interested persons are assured that access
will be given to the Planning Director's recommendations in sufficient time that
counter information and argument can be presented to the Zoning Board at the
time of its meeting and/or hearing on the application.
2605.
The reader will note that the 2605.1 requirement for "notice" is more
stringent for Class D special permit than it is for Class A, B or C special permits.
Some thought was given to including a requirement, in the case of Class D special
permits, that the property be posted with a notice of application for such permit,
thus alerting the neighbors that "something is up". Such a requirement would
certainly make it a bit easier for the "other person or persons" in the language of
2605.1 to get their names on the list for mailings. For the moment, however, no
such provision, is included. It can be added if deemed necessary. The requirement
would be an added administrative burden and is probably unnecessary legally.
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So far as 2605.1.1 is concerned, some standard must be set by which the
Zoning Board can make a distrinction between the Class D special permit appli-
cations that it decides as matter of course and those where it wants formal
proceedings. Saying nothing on the matter would make it possible for the Board to
hold public hearings on such applications in those instances where the members
suspected neighborhood "trouble" while not doing so on other applications. Such an
approach would, of course, be morally unjustified, if not legally invalid. The
standard certainly is not offered as the finest ever written, but it seerns to be the
best that anyone has come up with thus far!
Decisions on Class D special permits can be taken only at public sessions of
the Zoning Board and as a part of previously announced agenda (2605.1.2). Formal
public notice and hearing is required for special exceptions (2605.2).
2606.
The PO does not specify a time requirement for Zoning Board action on
special exceptions (or variances either, for that matter). There has been no
indication that the Zoning Board has been dilatory in this regard under the PO, yet
some sort of tirne limitation seems desirable, consequently, in 2606.2, no Class D
special permit or special exception may be issued without a time limitation; no
specific length of time should be set, since circumstances vary from situation to
situation. There is a limitation which governs the length of time for reapplication
after an original denial for Class D special permit or special exception (2606.4).
2607-2650.
Reserved.
2651.
Review of Zoning Board decisions on matter of Class D special permits and
special exceptions is by request for review to the City Commission, with further
review to the courts. Perhaps the City Commission will use the occasion of this
proposed zoning ordinance to reconsider its stand and so write the appellate pro-
visions as to require review of the quasi-judicial actions of the Zoning Board to go
directly to the courts.
ARTICLE 27. RESERVED
ARTICLE 28. MAJOR USE SPECIAL PERMITS:
The PO does not, of course, contain any material of the type set out in this
Article. This proposed Article covers the permitting requirements for those large
scale developments, few in number, which have great consequences for the City,
Dade County, and even beyond. The governing body should be in charge in any
system of special permitting for approval of projects of this magnitude.
Such projects often cover a land area where there are several existing zoning
classifications (though not always). Under the PO, and most zoning ordinances
about the nation, not only are a number of zoning district changes required but
M
almost invariably numbers of variances, special approvals, and special exceptions
are needed. On occasion, when projects of this type are proposed, existing zoning
Is is unable to handle them at all and the existing ordinance is amended to establish
some new classification specifically tailored, more or less, to the needs of the
project. (Some readers will recall the Claughton Island matter of a few years ago.)
There is no need to list and discuss in detail all of the potential impacts of
such developments. Not infrequently substantial expenditures of public funds are
required to expand a road network. Economic considerations are not limited to
matters of public services; jobs and other types of impact on the general economy
must be weighed. Further, these types of developments of this magnitude almost
certainly will require changes or adjustments in the adopted comprehensive plan as
well as zoning and (possibly) other regulatory changes. Some device which can take
account in one operation of all of the myriad elements of policy judgement on the
one hand and changes in the comprehensive plan and implementing ordinances on
the other seem necessary for these few very large scale developments.
While planned development (see proposed Section 5) can handle developments
of considerable size in good style, there is a potential need for this proposed
Article 28 which, taken in conjunction with proposed Article 23, provides a
meaningful and flexible mechanism for treating the occasional really large or
unsual development. An example is in point. The consultants have followed with
interest, but without any intimate knowledge of the details, the various recent
proposals for Watson Island. Setting aside the controversy that is necessarily
involved, here is a proposal of great magnitude and with impact on the entire
Miami and Dade County area. The device of major land use special permit might
be well adapted to the proposed recreational development. While the Omni project
was handled within the framework of the PO, the major use special permit device
might have greatly facilitated in more meaningful fashion that entire operation.
Notice that the intent of the major use special permit, then, is to put the
approval of the entire operation into one administrative context. Everything that
might be involved, at least conceetuaE76an be taken care of in the single action.
This is not to say that once the approval for major use special permit has been
given, some further official action (other than issuing the necessary construction
permits) might not be necessary somewhere down the line. But the technique
should certainly minimize such a possibility.
Some word of warning relates to the nature of the proposed language.
Remember that no one can predict, really, the character of proposed development
that may fall under this proposed Article. For that reason, procedures and
standards must be necessarily stated in relatively broad terms, permitting a
breadth of discretion not found elsewhere in this proposed ordinance. Since all
legislative power of the City of Miami is vested in the City Commission, and the
Commission is the instrument for granting the major use special permit, possible
legal issues of delegation of authority are not so likely to arise. Standards can,
therefore, be rnore general.
!KID
The statement of intent is extremely important, particularly in view of the
fact that the device of major use special permit is quite new on the zoning scene.
Citizens, developers, bench, and bar will have little or no understanding of it at the
Ir outset. Procedurally, the last sentence of the intent statement declares the
concept of the one action approach to the numerous changes or amendments that
am
might be otherwise necessary.
2801.
There was a good deal of thought and time that went into the definitional
standards of proposed Section 2801. There are three words, derived from State law
(Ch. 380.069 Fla. Stats.) which have been used in proposed Section 2800 and which
have been used in formulating a definition: character, magnitude, and location.
The 2801 definition is geared to magnitude for a s-' siimmp a reason: try as t e� ey w1
the consultants have not been able as yet to formulate meaningful standards that
will also embrace character and location. It is true that there is a tinge of
character in the statement of the various activities of 2&01, but there is nothing on
IocafionrThe definition of 2801 has, at least, the merit of being precise! (Though
no one can tell the difference in impact between 399 and 401 dwelling units!)
Subsections 5 & 6 of 2801 have been added to cover the possibility that
somewhere in the development of a new ordinance a decision may be taken to
require a major use special permit for projects that would not otherwise meet the
quantitative requirements of subsections (1) through (4).
2802.
So for as 2802.1 is concerned, the major use special permit is a complicated
enough proposition that no prospect in his right mind would want to undertake the
process without a conference, and probably several conferences! The complexity of
these large developments and the impact they generate should make it obvious why
provision must be made to bring in "at the takeoff' representatives of affected
officers or agencies. Here is one point (of a good many) in any new zoning
ordinance that the necessity for intergovernmental cooperation should be apparent
for the best interests of everyone concerned. The "special governmental unit"
language in the last sentence above could include the Port Authority, school boards,
regional planning council, and other potentially affected agencies.
Proposed Sections 2802.2 and 2802.3 break the process out into "preliminary"
and "final" applications. This break out is customary in the administration of
subdivision regulations (the City of Miami does not have any!), so there is at least
some mechanical precedence for the proposal.
What is involved in the requirements of 2802.2 is, basically, giving the City
Commission and the various agencies and officers that may be involved a chance to
see the broad outlines of the proposal before it proceeds too far. In a sense (but
only in a sense) the procedure outlined is like a pre-trial hearing in a court where
the judge meets with the attorneys for the parties in an effort to shape and define
the issues, give both parties knowledge of the issues that will be raised and the
testimony that will support those positions, and generally to facilitate the trial that
follows.
The preliminary application required by this CD language can be of
considerable utility in treating these large scale developments where there will
normally be so many ramifications. Note can be taken of the flexibility of
procedure and requirements.
Proposed 2802.3 deals with the final application. Developments of the
magnitude contemplated by proposed Artic a 28 maybe infrequent, but they are
extremely complex. The language of proposed 2802.3 and its subsections has a
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superficial resemblance to proposed Section 510.2 on planned development, but a
comparison will show a number of differences. The language of 2802.3 and its
subsections is deliberately more generalized and items like a development impact
statement (2802.3.3) are not listed as such in proposed 510.2.
The language of 2802.3.1 is in the context of an existing situation. Full data
of this type must be available where these large projects are proposed.
The heart of the major use special permit approach is in the concept plan
(2802.3.2). The materials on planned development noted in 2803.2 can be used in
the broader major use special permit approach and need not be repeated. Note in
(b) that language which brings together all of the various zoning actions (rezoning,
special permits, etc.) that would otherwise be necessary if the major use special
permit approach did not apply.
The language of 2802.3.3 is deliberately left somewhat "open-ended". Had
the major use special permit device been available at the time Omni was
conceived, a quite different impact statement would have been necessary than
would be the case for the proposed Watson Island development. Because of the
potentially wide variation in character of development that might fall under the
major use special permit, attempts to draw too narrow limits on what may be
required would be counter productive.
Again, the language of 2802.4 demonstrates considerable flexibility in the
matter of referrals. And again, no time limits are set out in the ordinance. It is
contemplated that the matter of time limits will be adjusted to the character and
scope of the individual major land use special permit at the time of City Com-
mission action on the preliminary application. (See proposed Section 2802.2.) By
the terms of proposed Section 2301.5, referral to the director of the Department of
Planning and the PAB is required.
So far as 2802.5 is concerned, it should be recognized that in projects of the
size contemplated for this type of special permit there are going to be
disagreements among the various officers or agencies to which the final application
is referred. The above language requires the planning director to comment
specifically on each recommendation from a referenced agency or officer. Thus,
the City Commission will have available a full range of information and argument.
As originally drafted, proposed Section 2802.6 would have required "con-
sideration" by the Planning Advisory Board of a proposed major development under
major use special permit, but not full, formal public notice and hearing before the
PAB. Certainly the PAB input would be desirable, but with the City Commission in
the role of "permit granter" there was some thought that the formal notice and
hearing process before the PAB might be adding an unnecessary layer to the total
process. As now proposed and after workshop consideration, the full formal process
is required before the PAB. The PAB is, of course, acting in an advisory capacity.
Proposed Section 2802.7 provides for the formal public hearing before the
City Commission. As the granting instrument, a public hearing on a matter of this
import should certainly be held by the legislative body.
0 This material sets the general parameters for City Commission action on the
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application for major use special permit.
2804.
The language of 2804 is extremely important. It resembles in legal basis, of
course, the language on the point for planned development. (See proposed Section
510.3.4.3.) In the case of the major land use special permit, however, the permit
supersedes a potential variety of other regulations. It is vital that this principle be
stated clearly. The binding nature of the terms of the major land use special
permit upon the applicant and his successor in interest must also be stated.
2805.
Given the requirements of proposed Section 2804, the language of 2805
follows.
2806.
The matter of possible changes that may be attempted after the approval of a
major land use special permit is extremely tough to handle. Trying by ordinance to
separate out the important from the unimportant requests is, indeed, almost
impossible once one has left the major distinction that is drawn in the language of
2806. Further, the matter of which officers, boards, or agencies should be involved
is a complicated one. It would be unwise and unworkable to require all changes to
go through the some process as for an original major land use special permit.
For that reason, a process is suggested that involves, so far as the language is
concerned, only the planning director and Commission. This language does not
mean that referrals could not (and probably would) be made. It does suggest tMa
purely routine items will at least be reported to the City Commission. The silence
of that body would insure that whatever recommendations that the planning
director had made would stand --in effect, a sort of legislative veto power or power
of change should the Commission care to exercise it.
The PAB is not excluded from the procedure if the planning director cares to
consult with that body.
Basic changes in concept, of course, would require procedure as for a new
application.
2807.
Since the City Commission is the instrument for taking action on applications
for major use special permits, review of such action would lie in the courts.
ARTICLE 29. RESERVED
ARTICLE 30. APPEALS FROM DECISION OF ZONING ADMINISTRATOR
It would have been possible to so organize proposed Articles 30, 31, and 32 as
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W
to make of them one article. In view, however, of the creation of the special
permit system with a number of different agents operating at the various levels of
permits, a decision was taken to separate the materials.
Proposed Article 30 deals with the appeals from administrative officers --
zoning administrator and planning director.
3000.
The zoning administrator interprets the zoning ordinance (see proposed
Section 2200) and is responsible for decision on Class A and Class B special permits.
The planning director has responsibility for decision on Class C special permits
along with a number of decisions specifically placed in his hands by the zoning
ordinance (see, e.g., proposed Section 2001).
3001.
Under the P0, a decision of the Zoning Board on a conditional use or a
variance becomes final within fifteen days unless a request for review is taken to
the City Commission. In 3001, a similar approach is taken to decisions of the
zoning administrator and the planning director. The question of "who may`seek
review" is determined by the standard language of proposed Section 3000-"any
person aggrieved by any officer, board, or agency of the City affected" by such
decision. The phrase "person aggrieved" has a technical meaning in law, and
learned articles have been written on it. Basically, it means that the person must
show a fundamental interest over and above that of the community at large, a
personal stake in the decision. At this level of request for review, however, it is
doubtful that such question would be raised; the issue might become important
later if the matter were eventually to proceed into the courts.
3002.
The language here is relatively straightforward.
3003.
The language of this proposed Section is standard and traces its origin all the
way back to former Ch. 176, Fla. Stats. Ch. 176 was the state act conferring
authority to zone on Florida municipalities. While it was repealed by the Florida
Municipal Home Rule Powers Act in 1973 (Ch. 166.011 et seq.), the basic language
is still used in zoning ordinnces, as it should be. The point of the language is to
preserve the status quo during the period between the taking of review and decision
by the reviewing body.
3004.
Notice is necessary, and this language sets the time framework and the
persons to be notified.
3005.
While Florida's public records legislation and sunshine law probably make this
language unnecessary, it is best to include it.
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3006.
The language of this proposed Section is also "standard" language. The last
sentence is so written that no decision can be taken by the Zoning Board unless at
least four of the seven members are in agreement.
3007.
Article 32, referenced in the language of this proposed Section, provides for
review of quasi-judicial actions of the Zoning Board by the City Commission, and
from that body to the courts.
ARTICLE 31. APPEALS FOR VARIANCE FROM THE
The basic material on variance is found in PO, XXXI. The language of
proposed Article 31 covers substantially the same materials as the PO, with some
changes. PO, XXXI-5, the variance to preserve natural features, has been removed
from PO variance materials and made a Class C special permit (see proposed
Section 2510). Use of a "variance" to preserve natural features is simply not in
accord with the law of variance. Remember, too, that a variance is not special
permit (see proposed Section 2301.6). '-
3101.
The definition given here brings Miami into what may be called the "standard"
definitional context of the term. Case law in Florida has resulted in a very precise
meaning for the term. The PO, XXXI-I, does not use the term "unnecessary
hardship". It speaks rather of "peculiar circumstances". The courts over a run of
cases have given considerable precision to the term "unnecessary hardship", and
have even used the word "peculiar" in describing "unnecessary hardship", but the
term "peculiar circumstances" as such has been given no interpretation.
Proposed Section 3101.1 states correctly the law in Florida, as does PO,
XXXI-4 (1). Proposed 3101.2 and PO, XXXI-4 (2) carry the some message.
3102.
This is added language not contained in the PO. It is designed to state clearly
Zoning Board responsibility. The matter is inherent in the PO, but should be stated.
3103.
With the exception of technical language changes and the addition of the
phrase dealing with the place of filing, proposed 3103.1 language is identical to that
of the PO, XXXI-2, (1) (a). The requirements that are listed are based on case low
in Florida and, so for as subs (a-c) are concerned, constitute what the Florida
courts have said is required for a showing of "unnecessary hardship".
Formal public notice and hearing is required (3103.2), and the public hearing
must be held (3103.3). (Compare with PO, XXXI-2 (1) (b & c).)
PO, XXXI-2 (1) (d), requires that the Zoning Board make findings in support of
am
0
its decision. So also 3103.4.
3104.
The language of 3104.1 is practically identical to that of PO, XXXI-3 (1).
So far as 3104.2 is concerned, there are some differences from the language
of PO, XXXI-3 (2) and IV-5. So for as time limitations are concerned, the absolute
character of the PO materials on the point fails to recognize the many different
types of circumstances that give rise to variance petitions. Some are for very
minor things and can be accomplished in short order once the variance has been
granted. Others will require much longer time periods for accomplishment. The
proposed language requires that a time limitation be set in each instance, but that
time limitation is to be related By the Zoning Board to the circumstances of the
case, not absolute as at present.
3105.
This proposed material is the same as PO, XXXI-3 (3).
3106.
Review of Zoning Board decisions on matters of variance is by request for
review to the City Commission and from that point to the courts.
ARTICLE 32. STATUS OF
This almost deceptively short and simple Article brings up again the matter
previously considered (discussion of Article 22) of whether or not the City Commis-
sion will continue its present practice of reviewing quasi-judicial decisions of the
Zoning Board. (The Board's activity in connection with amendments to the
ordinance is legislative in character and can therefore be only advisory.)
Proposed Article 32 continues Commission review as at present. (See PO,
XXXI-6, on variances, and XXXII-4, on conditional uses.) Under present procedure,
and this proposed language does not change that procedure, decisions of the Zoning
Board in quasi-judicial matters are deemed final unless a request for review is
taken to the City Commission. From that point, any further recourse is to the
courts (3205).
ARTICLE 33. RESERVED
ARTICLE 34. ADMINISTRATION ENFORCEMENT
VIOINTM-AND PENALTIES
WThe PO materials on administration are found primarily in Article XXIX.
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3401.
PO, XXIX-I & 8, makes the entire Department of Buildings responsible for -�
administration and enforcement of the zoning ordinance. The proposed language of
3401.1 makes one person responsibile, and that person is to be designated by the
City manager.' —The term "zoning administrator" has been used throughout the
proposed ordinance as being that person.
The language of 3401.2 is not articulated in the PO, though it is certainly
there by law. Where discretion is conferred on an administrator (and this proposed
ordinance does a good deal of that sort of thing with the establishment of the
special permit system), that discretion must be limited by standards. Insofar as
proposed Section 3401.2 is concerned, it is deliberately intended that the zoning
administrator be a "strict constructionist", with his discretionary authority limited
to carefully prescribed situations. The language of 3401.2 should be a part of any
zoning ordinance.
3402.
The language of 3402 now states in positive terms that which is stated
negatively in PO, XXIX-2 (1) & (2).
The first paragraph of 3402.1 is not found in the PO, but it gives the zoning
administrator a much better "handle" that he can use in requiring information from
sometimes non -knowledgeable, or even downright recalcitrant, permit applicants.
The PO, XXIX-3, requirement for surveys is much too inflexible. A survey by
a registered surveyor is universally required at present (without indication as to
what such a survey should show) regardless of whether it is needed for zoning
purposes or not. Thus, if an application is for enclosing a carport or for moving a
building off a lot, the need for a survey under the PO is certainly not clear.
The language of proposed 3402.2 is not found inthe PO, though it can be said
to be implied. So far as the second paragraph of this material is concerned, the
written reasons for denial need not be set out at length. Such a requirement is well
worth the time it takes, however, in the event of questions being raised or
litigation. The chances are the zoning administrator will not particularly
appreciate the requirement!
3403.
The original consultants' draft of a proposed zoning ordinance used the term
"certificate of occupancy", a term in common use in building codes and zoning
ordinances. The City building department,in workshops, felt that the term
"certificate of use" would be more appropriate. There is some merit to this view
since the use of the term "certificate of use" would indicate more clearly the
relation of use to zoning, rather than building codes from which the "certificate of
occupancy" terminology originally derives.
The PO, XXIX-4 & 5, raises some problems, regardless of terminology. Thus
the term "accessory use permit" is used. There are presently annually -renewable
certificates of occupancy required for home occupations (with a fee exemption for
persons over 65) and dockage of "non -owned" boats. (A most peculiar term, when
you think about it!) It is urgued that the present requirement is useful in enforcing
the ordinance. In fact, annually -renewable certificates of occupancy add little to
m
enforcement capability. Unless they are to be considered a form of licensing (in
�. which case the pretence of calling them certificates of occupancy or use should be
dropped), they add considerably to responsibility for enforcement --unless such
renewals are conditioned on an annual inspection.
There is a more serious objection, however. The present requirement may
well be deemed arbitrary and capricious. If annually renewable certificates of
occupancy are to be considered devices for facilitating and assuring enforcement of
the ordinance, simple equity would suggest that such certificates should be required
for all of the following (among others
a. Rental of rooms in a dwelling unit (see definition of family);
b. Non -conforming uses;
c. "Non -owned" car space, as in the case of rental of garage space in
residential districts to persons other than occupants of the premises.
The list could be extended indefinitely. In effect, establishment of such
requirements is a mandate for universal annual inspection of all uses involved (or
ought to be). It does not seem likely that efficient administration requires this, or
that staff would be available to accomplish it.
The annual certificate approach is retained in 3403.3 for home occupations,
but the consultants urge dropping the material. Note that proposed Section 2003.5
(i) requires payment of occupational taxes on these activities anyhow, and the
3403.3 requirement is superfluous.
So far as 3402.2 is concerned, the PO makes no provision for temporary
certificates of occupancy. The Miami building code does. This is a matter which
should be treated in the zoning ordinance as well.
Proposed 3403.3 is not in the "renewable certificate" category. What is
required here is the registration of nonconforming uses (not all nonconformities).
While getting such uses "registered" can be a monumental MM, the ultimate gain in
enforceability is more than worth it. Some temporary help would be required in the
first couple of months or so after passage of the proposed ordinance. Once
registered, however, the City has a basis on which to enforce the prohibitions on
expansion and the like. The "evidence" of what existed at the time of registration
is in the files and the signatures of owners or tenants at the time of registration
are on the applications.
Proposed 3403.5, not in the PO, covers those rare circumstances where uses
nonconforming under an ordinance are made conforming by later amendment or
passage of a new ordinance. If the City of Miami adopts a new zoning ordinance,
there will be some instances of this type. Since nonconforming uses are not
presently registered, however, it will not be possible to make such notification,
except in rare cases. The provision of 3403.5 is, therefore, of possible utility in
connection with future amendment.
There is nothing like 3403.6 in the PO. Because banks, mortgage companies,
and other lenders require zoning compliance certification before making loans in
many instances, the Miami zoning people undoubtedly are informally doing now on
request what is called for by the above language. There are, of course, other
reasons why property owners might wish to have such a certification. The language
of 3403.6 authorizes the issuance of such a document.
sm
Proposed Section 3403.7 is essentially PO, XXIX-5, but 3403.7 sorts out the
various types of possibilities. The PO limits the matter to "buildings or structures
accessory to dwellings". The language of 3403.7 is both broader and takes account
of the variety of possibilities that may arise.
Some concluding note is necessary on this business of certificates of use or
occupancy. Proposed Section 3403 deliberately drops two requirements found in
the PO, XXIX-4. The three day requirement for issuance can be met in most
instances, but where other departments or agencies of City, State, or County
government may be involved, the present three day provision can scarcely be met.
Further, naming officers or agents in this context can be self defeating, even when
the catch-all "etc:', is added. Titles of officers and names of agencies are subject
to change.
3404.
The language of proposed 3404 is considerably more explicit than that of the
PO. (See IV-2, IV-6 and XXVII on violations generally.) Further, the PO puts the
provision in the general article of the ordinance; it is preferable to have it in that
portion of a zoning ordinance that deals with the responsibilities of the zoning
administrator.
3405.
The PO, IV-3 &4, is somewhat deficient in taking account of the variety of
possibilities inherent in matters like those covered by proposed Section 3405.
Further, it can be argued that the provisions of the PO on the point are unduly
restrictive. The provisions of 3405 attempt to sort things out a bit and to establish
somewhat greater equity in treatment of these matters. Note should be taken, too,
that the PO speaks primarily to building permits, whereas certificates of use may
also be important. Certificates of use may have been issued at the time of new
ordinance adoption, but a building not yet occupied. Materials of this type should
be a part of a zoning article on administration rather than a general section as at
present.
Proposed 3405.1 takes account of a variety of possibilities. Construction
begun under a valid permit must be permitted to continue (with reasonable restric-
tions on length of time, of course), even though the permit could not have been
issued under a new ordinance or amendment to the ordinance. Unlike the PO, the
proposed zoning ordinance defines "actual construction" (3405.1.2). The definition
is broader than the reference in the PO, IV-4, to "excavation and grading".
PO, IV-4, 2d sentence, is essentially the material of 3405.1.3.
Proposed 3405.2 is an important provision. There will have been conditional
uses, for example, issued with conditions and safeguards under the PO. Proposed
Section 100, necessarily repeals the PO and its amendments. The language of
3405.2 is necessary to "save" such conditions and safeguards when a new zoning
ordinance is adopted. Other examples could be mentioned. There is also the pro-
bability that any new ordinance that is adopted would be later amended. The above
language covers possibilities under future amendments.
3406.
Reserved.
III
3407.
This language is very like that of PO, XXIX-2 (2). The first sentence of 3407
is somewhat repetitious of proposed 3402, last sentence. It may be that, on final
editing, some disposition can be made. For the moment, the language should be
allowed to stand.
3408.
P09 IV-6, and proposed Section 3408 are pretty much similar. Note that this
sort of material belongs in an article on administration, as here, rather than in
general provisions as at present.
3409.
The language of 3409 on this matter of taking action on violations is much
more comprehensive than is found in PO, XXIX- I and 7. Perhaps consideration can
be given on final editing to moving the first two paragraphs of 3409 up to the
beginning of Article 34, where, perhaps, they more properly belong.
3410.
The first and last sentences of 3410 are essentially those of the PO, XXXVII.
This type of material should be in the article on administration rather than a
separate article as at present.
3411.
In PO, XXIX-8, there is a phrase on this matter of records. Proposed 3411
spells it out in a bit more detail.
3412.
No dollar amount of fees should be set in the zoning ordinance. The PO does
mention fees in a few places, but in reference to specific matters. Language like
3412 is sufficient to cover the matter. It sets out, in general, the present policy on
this matter.
3413.
Review of decisions of the zoning administrator is to the Zoning Board,
thence upon request for review to the City Commission, and from there to the
courts.
ARTICLE 35. AMENDMENTS
Most of the language of this Article tracks the PO, XXX. Article XXX of the
PO was extensively revised and updated by the adoption of Ordinance 8197, an
action which followed the adoption by the City of the two board system.
3501.
it This proposed material is the same as PO, XXX-I, with the addition of a
reference to the Official Schedule of District Regulations.
3502.
110
The language of 3502.1 is identical to PO XXX-2 (1), with the exception of
the introductory phrase. Because this proposed ordinance contemplates the
establishment of a variety of Special Public Interest (SPI) districts, it would not be
wise to permit (at least formally) proposals for further establishment of such
districts to be made from any or all sources. (See on SPI districts: proposed
Section 1504; BBR, 152-158, for general material, and BBR, 156, on the specific
point.)
Proposed 3502.2 is the same as PO, XXX-2 (2).
Proposed 3502.3 is the same as the PO, XXX-2 (3), with the exception of
designation of receiving agency.
3503.
Proposed 3503 is the same as PO, XXX-3. There has been discussion of the
possibility noted in BBR, 496-499, of eliminating the requirement of public hearing
at the board level. The result sought is, of course, a shortening of the time period
for amendment. On balance and for reasons stated in BBR, the consultants are not
persuaded that elimination of board hearings, or the particular elimination of
Zoning Board hearings, in matters of amendment is desirable. Workshop decision
was to retain the present requirement.
3504.
Though the present language of PO, XXX-4, would seem clear, a sentence has
been added to that language in 3504 to spell out more precisely just what types of
amendments to the zoning ordinance the Zoning Board is to handle.
3505.
Proposed 3505, and its two subsections, is the same as PO, XXX-5 (I & 2),
except for receiving officer designation.
3506.
With appropriate changes in section numbers and nomenclature, the language
of 3506 is the some as PO, XXX-6.
3507.
Except for correction of typographical errors and improvement of phrase-
ology, 3507 is the some as PO, XXX-7.
3508.
Except for minor changes in phraseology, 3508.1 is the same as PO, XXX-8
Proposed 3508.2 is the some as PO, XXX-8 (2), with minor changes in
phrasing.
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So far as 3508.3 is concerned, the language results from Miami's tradition of
an "August recess". While the consultants' minds have boggled at the idea of a city
of this size "closing down" for a month in this important area of public policy, there
was well nigh universal agreement on 3508.3. The language protects the August
recess.
3509.
The language of 3509 is the some as that of the PO, XXX-9.
3510.
Proposed 3510 is the same as PO, XXX-10, with appropriate changes in
section numbers.
3511.
Proposed 3511 is the same as PO, XXX-1 I, with appropriate changes in
section numbers.
3512.
Proposed 3512.1 is similar to, but more explicit than, PO, XXX-12 (1) as it
relates to amendments to the Zoning Atlas or the text and the Schedule of District
Regulations.
Proposed 3512.2 is the some as PO, XXX-2 (2).
3513.
Proposed 3513 is the some as PO, XXX-13, except for the addition of the last
sentence on the August recess. (See 3508.3.)
3514.
This material setting out limitations on the rezoning of property, again, is
very much the material of the PO.
Proposed 3514.1 is the same as PO, XXX-14 (1) (a).
Proposed 3514.2 is the some as PO, XXX-14 (1) (b).
Proposed 3514.3 is the some as PO, XXX-14 (1) (c).
Proposed 3514.4 is the some as P0, XXX-15.
3515.
The material of this proposed Section is not found in the PO, nor did the
consultants consider the matter in BBR. The problem of changes in application at
various stages in the zoning process is one which has bedeviled local governments,
but the numbers of such problems seems to have been rising in recent years. Where
once there was only an occasional difficulty, now there seem to be several. In
some degree in Florida, the increase in such problems may have resulted from the
relatively recent case of Skag4 v. CitX of Key West, 312 So. 2d 549 (DCA-39 1975).
Here the court took a dim—andquite restrictive view of the City amending the
zoning ordinance to grant a zoning classification not clearly covered by the public
notice that had been given for rezoning.
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The material of this Section attempts to set out pretty much what the courts
have said about making changing proposals for amendment at different stages in
the amendment process. In a sense, this proposed Section is simply trying to avoid
trouble in the future on the matter.
ARTICLE 36. DEFINITIONS
In many ways, the definitions of words and terms in an ordinance, any
ordinance, is the start, the real heart, of the regulatory process. Definitions must
be prepared with care and with a full understanding of how the definitions relate to
the aim sought to be attained by the regulations. Sloppy definitional work means a
sloppy ordinance.
Proposed Article 36 is incomplete at the time of
be incomplete almost to the moment of final passage.
changed, added, or deleted almost to the end of the
material must be checked and changed, if necessary
original drafting through the various stages of the proc
final check is one of the last steps that ought to be
passage.
writing. Indeed, it may well
Substantive regulations are
process and the definitions
all the way from time of
ess leading to adoption. The
taken immediately prior to
There are several reasons for this approach. Anyone who has worked for ally
time with a variety of zoning ordinances is all too aware that (1) words or terms
are often defined that are not used anywhere in the ordinance and (2) basic words
or terms in the ordinance that require definition are not defined. Both of these
situations exist in the PO. By delaying the final checking on definitions until the
latter part of the total ordinance process, these deficiencies are detected
somewhat more easily.
There is a further and modern practice in regard to definitions that is
becoming more common. In modern practice, words of terms used at one point or
context in the ordinance are defined where they fall in the text of the ordinance.
Older practice puts the definitions in the definitions section, necessitating page.
flipping with no really good reason.
Tradition has said that a definitions section should be at the start of an
ordinance. The truth of the matter is that it makes no difference legally where the
definitions section is placed. Given the shortcomings in definitional work
generally, it seems logical to put the definitions section near the end of an ordi-
nance, thus, manifesting organizationally what should be the fact substantively --
the def lnitions material is the last material to be checked.
In the drafting and work to date on the proposed ordinance, a number of
principles, including those mentioned above, have been followed (perhaps not
always perfectly}
I. Terms used as they are employed in common usage need not be defined.
2. Terms not used in the ordinance should not be defined (but often are, as
the result of a "laundry -list" approach where definitions are lifted from
previous ordinances from other jurisdictions).
3. Care should be taken to see that basic terms or words requiring defi-
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nitions are defined.
4. Terms used only in particular context within the ordinance should be
defined in that context, rather than in the general definitions section.
(See, e.g., proposed Article 21 on nonconformities). Cross-references to
the point of definition should be inserted in the general definitions
article.
5. Related terms should be defined as a group, under a generic heading
rather than scattered alphabetically, where this will simplify use of the
ordinance. An example of such a general head is "Lots, Yards, and
Related Terms and Methods for Measurement". (See proposed Section
2005, et. seq.) Here again, alphabetical cross references should be used,
leading the reader from the alphabetical entry to the definition.
Definitions should not be repeated under two entries in such cases,
because amendment of one entry may overlook the other, creating
conflicts.
6. Definitions should not include regulations, and should avoid the kind of
complications created by confusing terminology with regulatory compli-
ance. Thus lot, as defined, PO, II-2 (42), is a parcel of land meeting
listed ordinance requirements. This creates a non lot limbo which could
cause all sorts of complications. There can be no nonconforming lots,
because by PO definition, lots are conforming.
7. Where specialized words or terms are created for regulatory purposes,
the terminology should be reasonably self-explanatory. Where such
words or terms are defined, they should be used consistently throughout
the ordinance, without unnecessary variations. As an example of some-
what misleading special terminology, consider the PO, II-2 (93-A), term
usable oe2n space,, as defined and regulated in the definition, together
wiffof er terms or phrases used elsewhere in the present ordinance:
round level pedestrian s cepublic easements for pedestrian purposes,
usable Mdestrian ground level plazas, ana court Yards, usable roof area
improved as p2destrian open space- Which, or how much`, of these areas
constitute usqh1e o en s ace, The answers can be worked out, but not
without extensive research and effort.
8. Where varying terminology is used, or where it has been used and
confusion is to be remedied by definition, the definition should make
reference to the variations. Thus, in the definition of multifamily
dwelling it should be indicated that the term includes as variations
"apartment, apartment house, apartment building, or multiple -family
dwelling" (if these are used in the ordinance).
A good deal of time and attention was devoted to onalysis of PO definitions in
BBR, 252-349. A good many of the PO definitions are "dated". They do not reflect
modern change or innovation in zoning approaches and techniques. In some
instances, the definitions do not reflect judicial interpretation resulting from
litigation.
Further, it is apparent that shortcomings in PO definitions, or lack of defini-
tions, have resulted over the years in informal, unwritten administrative usages
and interpretations. In other words, zoning personnel ave worked out their own
definitions. While this approach may be generally satisfactory to administrators,
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and even to most of the members of the public, it is certainly not the best way to
protect the public and the individual citizen. Administrative personnel changes
over time. Lacking e initions, the meaning of a word or phrase may change, with
the very best of intentions, from time to time and even from applicant to
applicant.
Two or three additional, specific, substantive and stylistic comments may aid
the reader in approaching proposed Article 36.
The reader who has managed to wade this for in his consideration of the
proposed ordinance will have already noticed that criteria (4) and (5) above have
been followed.
Recall, for example, the definitions of various types of lots in proposed
Section 2005. In this Article 36, the terms are repeated and alphabetized for the
sake of convenience, with a cross reference to the point in the text where the
terms are actually defined. In the same way, those terms that relate to each other
are grouped together for definition, with the terms alphabetized and cross
referenced in Article 36.
The PO has given numbers to each definition. Subsequent amendments to the
PO have often required additional definitions, so that the numbering systern has
become a patchwork of numbers and letters. This technique has been abandoned in
proposed Article 36. Specific definitions are alphabetized and not numbered.
Future amendment will not require numbers but simply the insertion of the newly
defined word or term in its correct alphabetical order. The reader will note that
proposed Section 3601 sets out the form of legal citation for the definitions.
Appended at the end of this discussion on proposed Article 36 is a note indica-
ting deficiencies in present Article 36 that will require checking as time goes on.
3600.
The form of PO, II-1, general definitions, is considerably changed in 3600, but
the substance remains very inuch that of the PO.
3601.
As noted above, this language provides the form of legal citation for the
specific definitions of 3602.
3602.
Because of the form of citation that is used, commentary reference which
follows is to the word or term. Words or terms defined elsewhere in the proposed
ordinance (and discussed at the point where they are defined), will not be
mentioned or discussed, so for as Article 36 is concerned. The reader can ma -We— the
cross reference that is indicated in the copy of the proposed ordinance and in this
discussion of the proposed ordinance.
Accessory Use or Structure.
PO, II-2 (1), defines only "accessory", and the language deals only with
buildings. There are good many structures that can be accessory --swimming pools,
-1 16-
fences, transmission towers, etc., that are not buildings. The proposed definition is
40 much more exact.
AA 1�.
This definition is substantially the some as PO, II-2 (3).
Alterations, Structural.
This definition is the some as PO, 11-2 (4).
Apartment Hotel.
PO, II-2 (6), defines this term. The definition, though couched in different
language, is essentially the same as the PO, with the deletion of the "inner lobby"
phraseology.
Arcade.
This term is not defined in the PO. With the advent of increased energy
conservation and window shopping or walking in protected covered areas, a
definition is needed.
Automobile Wrecking or Automobile Wrecking Yard.
Not del ined in the PO.
W Automotive Service Station.
This rather lengthy definition provides a basis for regulation of service
stations not presently possible under the PO. In final editing, this definition should
probably be placed at proposed Section 2030 which treats automotive service
stations. As presently placed in 3602, it violates criteria (4) stated above as to how
definitions should be handled! (And see PO, IV-25, where some regulations are set
for "gas stations", but the term is not defined.)
Bar, Cocktail Lounge, Tavern, or Saloon.
PO, II-2 (7), defines "bar" in the some general context as this proposed defini-
tion, but the overly inclusive character of the PO language has been somewhat
limited. (See BBR, 264-265.)
Base Building Line.
With the exception of a change in terminology from PO "zoned street line" to
proposed "mapped street line", the definition is substantially the some as PO, 11-2
(8). Since the "base building lines" (Art. XXV) in the PO will not be a part of the
proposed ordinance, an official mapped streets ordinance will have to be adopted.
Boarding House.
Not presently defined in the PO. There are still a few of these establish-
ments around.
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Building.
PO, II-2 (10), is an older definition of this term. A comparison of the
proposed and PO language will show the utility of the proposed change. The PO
contains several definitions that include the term "building". (II-2 (10, 11, & 12).)
The present definition of "principal building" is dropped, since the building placed
nearest the front property line is not necessarily the principal building, nor will it,
in that location or elsewhere, necessarily be in conforming use.
Building Line.
This term is not defined in the PO. (PO, II-2 (8), does define "base building
line".)
Carport.
As the consultants noted in BBR, 269-270, it is unclear how the City has
managed down through the years without having a definition for this term. With so
many calculations being based on different types of floor area, the question of
"carport or not" can be of importance in some situations.
Catering Service! Industrial.
This definition is substantially the some as PO, II-2 (13-13).
Catering Service, Social or Home.
This definition is substantially the same as PO, II-2 03-A).
Change of Occupancy or Change of Use.
The term is not defined in the PO. A definition is needed. "Use" is defined in
the PO, 11-2 (92).
Child Care Center.
The consultants were critical of the PO, 11-2 (18A), definition of "day
nursery". (See BBR, 271-273.) The present definition does not take account of the
fact that children must be kept at other than day time hours, given the patterns of
some of America's working mothers. Allied terms are not defined in the PO, giving
rise to this kind of situation: A "day nursery" is permissible as a conditional use at
PO, V-1 (6) Q). PO, VII- I, carries forward these provisions, but allows uses as of
right for nursery schools and child care centers, terms which the PO does not
define. But day nurseries are not permitted uses or permissible as conditional uses
in the R-2, Two Family dwelling District of the PO!
The definition of "child care center" will serve to rectify all of these matters.
(See proposed Section 2036 for general regulations on "child care centers".)
Clinic, Medical or Dental.
The only difference between this proposed definition and that of the PO, II-2
05), is in the distinction drawn between public and private clinics. There may well
be situations where differentiation may be required. While the concept of
SM
"medical" activities is inherent in the PO language, the proposed language makes it
technically explicit.
Club, Night.
This term is not defined by the PO, though the PO does define "club, private"
(II-2 (16) and "supper club" (II-2 (89) ). The term "night club" is more commonly
used.
Commercial Vehicle.
This definition is substantially the same as PO, II-2 (18).
Convenience Establishment.
This type of establishment may become even more important than it is now as
the energy crisis has effects on driving capabilities. If convenience establishments
are a land use and they are, they must be defined. There is no definition in the PO;
the term was not in general use at the time the PO was adopted.
Drive -In Establishments and Facilities.
Until the energy crisis deepens far beyond anything that any of us can
imagine at this time, there will be the problem of various types of drive-in
establishments. Proposed Section 2031 deals with several different facets of the
problem. This 3602 definition is general in character. The PO does not contain a
general definition. Note that the automotive service station is exempted by the
19 terms of this definition for "drive-in establishment".
Drive-in Restaurant.
This subterm is defined in 3602 under the various classes of restaurants and,
specifically, "restaurant, drive-in".
Dwelling, Detached.
At this point, there are a number of definitions using the word "dwelling".
The PO has a grouping, II-2 (22-25A, inc.). The PO definitions come from an older
day and time. The definitions proposed in 3602 reflect the development of a
broader range of housing types found today and provide a superior basis for
regulation.
The proposed definition for "dwelling, detached" includes what is, in effect,
the conventional one family house on its own lot.
Dwelling, Mobile Home.
Mobile homes are dwellings.' The City does not contemplate the establish-
ment of any new mo'67je home parks or subdivisions, but there are such activities
within the City in nonconforming status. It is necessary to define the term, though
the PO does not. (The PO uses, but does not define, the outmoded word "trailer",
as applied to mobile homes.)
W Dwelling, Multifamily; Multiple; Apartment Building.
ffm
The PO, II-2 (5), defines "apartment building". The PO uses the number
"three or more" d-welling units as the dividing line and the language proposed
continues with that figure. The terms "multifamily" or "multiple family" to
describe such structures is far more common in ordinances today than the older
term "apartment house".
Dwelling, One -Family or Single -Family.
PO, II-2 (23), does not recognize the variety of one or single family structural
possibilities. the proposed language does. It is important in a redevelopment
context like Miami's that the full range of housing possibilities be included. Note
the exclusions in the definition.
Dwellin92, Semi -Detached.
Five townhouses with party walls would not be semi-detached dwellings. (See
later definition of "dwellings, attached".) This definition of "dwellings, semi-
detached" certainly applies in districts where two family dwellings would be
permitted. With such a high percentage of land area in the City presently zoned
for such uses (and most of it to continue so under the proposed ordinance), it is
important to set a definitional context. There is no definition in the PO.
Dwelling, Two Family.
Compare PO, II-2 (24), with the proposed language. Again note the range of
structural possibilities and the exclusions.
Dwelling Unit.
In the residential part of the regulatory scheme called zoning, this definition
is among the most critical. Compare PO, II-2 (25), with the proposed language.
Note, in the new material, the inclusion of sanitary facilities. Note the inclusion of
materials on minimum length of occupancy, regulations difficult to enforce, to be
sure, but still handy in areas like Miarni where the desire is prevent invasion of
multifamily areas by what often are, in effect, motel uses.
Dwelling, Attached.
Again we have a definition, not in the PO, designed to provide for the variety
of structural possibilities in housing.
Embayment.
This term is not used in the PO. Since Miami's sub -tropical climate needs
covered and shaded open air spaces, an embayment can be used to satisfy some of a
districts livability or pedestrian open space requirements.
Family.
This is another one of the definitions that are crucial in residential regula-
tion. Compare PO, II-2 (27), with the proposed language. Because of problems
under the PO with roomers and boarders, paragraph (a) has been added to the
proposed language. There certainly will be discussion of this matter. The first
statement of the definition is in accord with the decision of the United States
Supreme Court in Village of Belle Terre v. Borass, 416 U.S. 1 (1974). Paragraph (b),
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found in the PO, is in conflict with a ruling of the Florida Attorney General
concerning the right to keep foster children in single family residential zones, but
no questions have been raised in Miami. So long as they are not raised, the matter
may remain as is.
Fraternity SororitXi Student Center.
The terms are not defined in the PO, and no problems have arisen because of
the omission. They are used in the PO and in the proposed ordinance, so they might
as wel I be defined.
Group Homes for the Mentally Retarded or Handicapped.
Miami has had problems with these establishments. They are a specialized
form of nursing home (see that definition). They also often operate under special
state license, approval, financial aid, or authority and thus claim greater or lesser
degrees of exemption from local zoning authority. (The phrasing of the foregoing
sentence is carefully chosen to cover a range of legal issues that have been raised
without coming to grips with any of those issues!) The emotions of neighbors are
usually roused when one of these facilities are proposed for location in a neigh-
borhood.
Reference to the proposed schedule of district regulations will show how the
definitional break-out is used. Some of the legal questions raised about the state's
ability to override local regulations on location of these activities remain
undecided, though it is clear in a relatively recent case coming out of the City of
Temple Terrace in Hillsborough County that, depending upon how the operational
framework of the facility is devised, there is some measure of local authority
16 possible.
General regulations on these establishments will ultimately be placed at
Section 2038 of this proposed ordinance, but they are not available at the time of
writing.
Home Occupation.
This language is, of course, the definition, but the reference to proposed
Section 2003.5 is the regulatory heart of the matter. Contrast PO, 11-2 (37) with
this language and the approach to regulation of the PO (particularly V-1 (8)) with
that of this proposed ordinance (2003.5).
Horizon Arc.
This term is not used in the PO. The proposed ordinance uses the term in
relation to preservation of desirable views.
Hotel; Motel.
The PO defines "hotel", II-2 (38) and "motel", 11-2 (53). The entrance through
an "inner lobby" of the hotel definition seems to be about the only distinguishing
feature between the two. Both definitions state that there can be no kitchen
facilities; both consultants have stayed in "motels" in Miami (not further identified
as to location!) where the kitchen facilities are very adequate! The attempt to
distinguish the two seems more than somewhat futile, for districts permitting
hotels and not motels, or vice versa, are not likely to be drawn. The "inner lobby"
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proposition gets decided by the market. Hence, the definition as proposed.
Institution for the Aged.
Here is another specialized type of nursing home. The term is not really
defined in the PO. In final editing, it might be preferable to use the term "home
for the aged" as the lead phrase, rather the somewhat more invidious "institution"
terminology. Most persons probably prefer the "softer" phrase, just as "embalmer"
has given way to the "funeral director" and "garbageman" to "sanitary engineer".
Junk Yard.
The PO doesn't define "junk yard". Even if the ultimate policy decision is to
attempt prohibition of such establishments, a definition is required. Our society
definitely requires junk yards somewhere. The definition given is a standard one.
Note the distinction made for "automobile wrecking and automobile wrecking
yards". It can be a useful and necessary distinction or not, depending upon policies
adopted for establishment and regulation of the different facilities.
Kitchen Facilities.
Kitchen facilities is a term defined in the PO, II-2 (39), and carried over to
3602. It may be more effective language to change the definition to read:
"Kitchen facilities are facilities in which, food may be prepared for eating,
including a kitchen sink". The point is that such facilities are often installed, but
the applicant firmly denies that he is installing a "kitchen". He knows he's lying
and the inspector knows he's lying, but the idea is that he is installing a "bar". or
some other rationalization. The change would make it clear that if the facilities
are such that food can be prepared, then the facility is a "kitchen", and subject to
whatever the regulations may say on the point. The PO and the proposed language
uses the word "meals", and so the applicant could say the facilities he proposed are
not for "meals" but for "snacks", and that they aren't the same thing! Undoubtedly
the presence of "kitchen facilities" in motels in Miami, even though they are
clearly prohibited by the PO, has been rationalized by the methods suggested or
some other form of imaginative reasoning!
Living Quarters.
The term is not defined in the PO. It has utility in general context, particu-
larly in the schedule of district regulations.
Lodging Unit.
This term, not defined in the PO, attempts to straighten out a bit the present
problem previously discussed in connection with the definitions of motel and hotel.
Remember the definition of "dwelling unit". The definition of "lodging unit" can be
compared on the basis of length of occupancy --which is about the only way yet
devised to distinguish the two when there are kitchen facilities in the "lodging
unit".
Lotting.
This term is not used in the PO. It is useful when describing the division of
land into lots.
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Multifamily Uses: Multiple Family Use.
Definitions based on numbers of dwelling units have already been discussed,
both for the PO and the proposed ordinance. What this proposed definition does is
to establish criteria for determination of multifamily or multiple family use. It is
important in the determination of whether or not a use in existence at the time of
the adoption or amendment of the new ordinance is or is not in multiple family use.
It is important in establishing the distinction between lodging units and dwellings so
for as use is concerned. And sub (1) is important in that it states as a part of
ordinance material what is clearly the legal principle anyhow --that zoning is
concerned with use and cannot reach the type of ownership or management
involved.
Nursing Home or Extended Care Facility.
This is the basic definition. The increased cost of medical care has caused
the health profession to give more att ,ration to this type of establishment. Defin-
ing the term, together with definitions of the various special types of care,
provides a better basis for regulation. It is safe to say that this sort of
establishment will increase in numbers down through the years, and the issues
involving location in neighborhoods will become more controversial.
Office Use.
The proposed definition makes clear that "office use" includes the total
complex related to the specific office (s). There have been attempts in some
cities, though not in Miami so for as the consultants are aware, to argue, for
example, that a coffee room for employees is not an "office" and that the space
should not be counted for some regulatory purpose or other. This 3602 definition
settles the matter.
Personal Rehabilitation Centers.
P0, II-2 (88-A, 88-B, & 88-C), defines three terms: "substance abuse", "sub-
stance abuse facilities --residential", and 'substance abuse facilities --non-residen-
tial".
The locations of facilities for treatment of drug and alcohol abuse is an
emotional one. Everyone supports such treatment establishments --provided they
are located in somebody else's neighborhood. There are also similar problems in
location of group homes for the mentally retarded or handicapped, though usually
not in so great a degree.
By defining with some care the term "personal rehabilitation centers", the
proposed ordinance attempts to eliminate the need for the three definitions on
"substance abuse" of the PO and to get the problem of treating persons with handi-
caps --physical, mental, narcotic, or alcoholic —into a more logical context.
Private Clubs or Lodges.
Given the problems that Miami has had with the numerous "private clubs"
that dot its landscape, it is safe to say that this definition may arouse some
comment. A women's club or a masonic lodge are quite different establishments
Sfrom a Honey for the Bears or a Club Mutiny. The last sentence of the definition
should help in sorting these things out in the future. PO, II-2 (16), defines "private
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club", and includes the profit -non-profit approach.
Residence Hotel.
Residence hotels have been omitted from the PO, perhaps inadvertently.
Such establishments might well be permitted in multifamily districts where hotels
for transients would be inappropriate.
Restaurant.
PO, II-2 (59), defines "restaurant", but in such simplistic terms that it would
be impossible to have districts permitting what most people would call "true"
restaurants but not allowing fast food or drive-in operations. Trying to distinguish
the two types for regulatory purposes is most difficult, even though "everybody
knows" the difference. The fast food entrepeneurs have been extremely
imaginative and inventive in coming up with new ways to sell their products.
In the proposed definition of "restaurant", a couple of terms are critical--
"pr'imarily for consumption on the premises, "and "completely enclosed room ... or
interior court".
Restaurant, Drive-in.
This definition must be read in conjunction with the definition of "restau-
rant", in order to get the contrast that is sought.
The consultants are frank to admit that the problem of sorting out the various
types of "eateries" is not an easy one. (See BBR, 330-332.)
Rooming House.
PO, II-2 (60), defines this term but does not define "boarding house". The
proposed ordinance defines both. Note in the proposed language the change in
approach from the PO for the definition of "rooming house".
Structure.
This definition is the some as PO, II-2(88).
Special Exception.
This is the standard definition for this term. It replaces the PO's use of the
term "conditional use", as mentioned several times in this commentary, and
particularly at the discussion of proposed Article 26.
Tourist Home, Guest Home.
There are not many of these establishments around any more, though they
were common before World War II. There still should be provision, and definition,
for them. PO, II-2 (91), defines the term, but the proposed language has a different
numerical departure point.
Transitional Regulations.
There is always the possibility of friction at boundary lines between districts.
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(The PO, II-2 (90), defines "transitional use".) This is especially the case where a
commercial district abuts a residential classification. The response to such friction
often is to rezone the residential properties, with consequent intrusion of the
commercial activities deeper and deeper into the residential district. Such
rezoning does not ease the friction, it simply transfers it by successive (rezoning)
stages into the residential area.
The proposed ordinance utilizes more broadly than does the PO the idea of
transitional areas at the district boundaries in such situation. It is necessary to
define the term "transitional regulations". While there is nothing really new in the
idea of transitional regulations, the rather extensive use made of the concept in the
proposed zoning ordinance will require education of persons unfamiliar with the
idea. Definition is one part of that education.
Travel Trailer & Similar TemporarXDwellings or Lodgings.
The definition of "travel or camping trailer" is that used by the industry. The
term is not defined in the PO, since the development of a definition started,
perhaps, some ten years or so ago.
Use.
PO, II-2 (92), defines "use", but does so in a way that limits the application of
the word to "buildings". There are, obviously, uses of land without building or uses
of land with structures other than buildings. Technically, the PO definition could
have caused the City a good many headaches down through the years, but it is
apparent that common sense and informal interpretation on the part of all conerned
has prevailed and no questions have been raised. The proposed language corrects
the deficiencies.
Vessel.
In a water oriented area like Miami, boating is both a recreational way of life
and method of making a living. The PO, II-2 (94-A, 94-8, 94-C, and 94-D), defines
"vessel" and several types of vessel.
The proposed definition of "vessel" is the some as the the PO, II-2 (94-A).
Vessel ,Commercial.
This definition is the some as PO, II-2 (94-6).
Vessel, Private Pleasure -Craft.
P09 II-2 (94-C, & 94-D), defines some terms rather artificially. Undoubtedly,
the need to define the terms in this way was the result of problems with private
craft docking in residential areas, whether for convenience, economy, or simple
lack of docking facilities in the area. (The latter problem still remains today.)
The proposed definition for private pleasure -craft would appear to provide a
better regulatory base than at present.
• Warehouse, Mini.
This definition is substantially the some as PO, 11-2 (95-A).
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A final Note on the Definitions Section.
It is apparent that the definitions Section of the proposed ordinance requires
additional work. As the proposed ordinance proceeds through its various stages
toward adoption, words and terms will be added to and deleted from definitional
materials. It is apparent even now, for example, that definitions for various types
of garages need to be added.
These are matters which cannot be accommodated at this stage. The reader
can provide a good deal of future help in this matter of definitions by raising ques-
tions on the substance of proposed definitions, but help can also provided by the
reader making notes of those words or terms that should be defined.
ARTICLE 37. INTERPRETATION; CONFLICTS
3701.
Zoning sets both minimum and maximum requirements. This is true of this
proposed ordinance and the PO. Yet the PO, XXXIII, Ist sentence, speaks only of
minimum requirements. The proposed language corrects that deficiency.
3702.
The proposed language substantively is about the some as PO, XXXIII, 2nd
sentence.
ARTICLE 38. RESORT TO REMEDIES: SAVING CLAUS
.5
The City undoubtedly has the power to resort to other, non -criminal, re-
medies to enforce the zoning ordinance. The matter of resort to criminal action
has, of course, already been stated in the proposed ordinance at Section 3410. Still,
it is better to summarize at this point and to make clear that the City has available
a full range of legal tools to enforce its adopted zoning policy.
As a matter of information, it has become rather the rule in zoning practice
not to try to enforce zoning ordinances through use of criminal process. With the
integration of the court system in Florida, indeed, local states attorneys have been
loath, in many parts of the State, even to consier using their offices to bring
criminal charges for violation of zoning ordinances. (This may not be the situation
in Miami, but it is certainly common elsewhere around the State.) Further, if the
criminal route is chosen, the problem of proof is much more difficult than under
civil process, plus the fact that juries are often sympathetic to zoning defendants.
Hence, many jurisdictions rely more heavily on civil than criminal action.
3802.
The best example, possibly, of the application of this material may prove to
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be the litigation that is still in progress over roof signs and certain billboards. The
• PO, XXXV, language and the language of 3802 are substantively similar on the
matter of prosecution and criminal action. The language of 3802 is broader,
however, in that it covers "app icatton o regulations, thus insuring the civil
actions as well. The sign problems under the PO are civil in form.
3803.
This is the standard form on the point of separability. See PO, XXXIV.
3804.
When the PO was adopted (XXXVIII), the rules under State law for effective
date were not as they are today.
Administratively, some time between actual passage of the ordinance and the
effective date should be allowed for "gearing up". While those concerned with the
administration of a new zoning ordinance would be aware of the new provisions,
there is a considerable amount of work and orientation (not to mention the printing
of new forms and the like) that simply cannot be accomplished until the ordinance
is actually passed.
There is however, one other aspect to this problem. Persons desiring to
"beat" the new ordinance can (and experience tells us this frequently happens) rush
plans in for approval and try to start construction before the announced date of
effectiveness for the new ordinance. Two approaches to this problem are possible:
(1) just let that type of thing happen and live with it, or (2) attempt some sort of
moratorium during the period of transition. The latter approach is fraught with
practical and legal difficulties. The former has usually been the one chosen. There
will, of course, be those who will start to move during the public hearings on a new
ordinance, calculating that they should not wait to see whether or not the new
ordinance will pass.
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