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Home My WebLink AboutR-79-0746M-79-677 10/17/79 RFC/rr 10/30/79 RESOLUTION NO. 79- 746 A RESOLUTION URGING A FAVORABLE CONSIDERATION BY THE CITY PLANNING ADVISORY BOARD OF THE ATTACHED PROPOSED ORDINANCE AMENDATORY TO ORDINANCE NO. 6871, EFFECTIVE JUNE 2, 1961, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "AN ORDINANCE AMENDING ORDINANCE NO. 6871, EFFECTIVE JUNE 2, 1961, THE COM- PREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SUBSECTION' 1-8 OF ARTICLE V OF SAID ORDINANCE ENTITLED: 'ARTICLE V- ONE FAMILY DWELLING R-1, R-1A, R-1B DISTRICTS' THROUGH THE ADDITION OF. A NEW. PARAGRAPH THERETO CONTAINING PROVISIONS WHICH ALLOW PROPERTY IN DISTRICTS R-1, R-1A, R-1B TO BE USED IN CONDUCTING THE HOME OCCUPATION ACTIVITY OF.A FAMILY DAY • CARE CENTER FOR CHILDREN AND A FAMILY AFTER -SCHOOL DAY CARE CENTER FOR CHILDREN; PROVIDING THAT THE TOTAL NUMBER OF CHILDREN LIVING ON THE PREMISES'DOES NOT EXCEED FIVE (5) IN NUMBER INCLUDING THE CHILDREN. OF THE RESIDENT FAMILY; PROVIDING THAT THE AGE OF SUCH CHILDREN DOES NOT EXCEED ELEVEN (11); PROVIDING THAT APPROVAL IS' .FIRST SECURED FROM THE HEALTH' AND.FIRE DEPARTMENTS AND FROM THE FLORIDA DEPART- MENT OF HEALTH AND REHABILITATIVE SERVICES; PROVIDING COMPLIANCE WITH EDUCATIONAL AND' CHILD CARE FACILITY REQUIREMENTS OF THE CODE; REQUIRING A CERTIFICATE OF OCCUPANCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE."; FURTHER DIRECTING THE CITY CLERK TO FORTHWITH FILE THE HEREIN RESOLUTION WITH' SAID BOARD. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami Planning Advisory Board is hereby urged to favorably consider the attached amendatory ordinance to Ordinance No. 6871, effective June 2, 1961, the Comprehensive Zoning Ordinance of the City of Miami, Florida, as amended. "DOCUMENT INDEX hhqq p'- Section 2. The City Clerk is hereby dliNN�k�ilDto f o with file the herein resolution with the City Planning Advisory Board. PASSED AND ADOPTED this 31st day of October , 1979. 02- ALP. ONGIE, CITY CLE PREPARED �AND gAPPROVED BY: 4''G.�'i0 ROBERT F. CLARK ASSISTANT CITY ATTORNEY Maurice A. Ferre MAYOR AS TO 0' AND-- REC' MESS CITY COMMISSION GEO'.E . KN CI 7 ATTORNE OCT 3 1 1979 "0g '7 4 6 M-79-677 10/17/79 RFC/rr 10/30/79 ORDINANCE NO. AN ORDINANCE AMENDING'ORDINANCE-NO. 6871, EFFECTIVE JUNE 2, 1961, THE'COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SUBSEC- TION 1-8 OF ARTICLE V OF SAID ORDINANCE ENTITLED: "ARTICLE V- ONE FAMILY DWELLING R-1, R-1A, R-113 DISTRICTS" THROUGH THE ADDI- TION OF ANEW PARAGRAPHTHERETO CONTAINING PROVISIONS WHICH ALLOW PROPERTY IN DISTRICTS R-1, R-1A, R-1B TO BE USED IN CONDUCTING THE HOME OCCUPATION ACTIVITY OF A FAMILY DAY CARE CENTER FOR CHILDREN AND A FAMILY AFTER -SCHOOL DAY CARE CENTER FOR CHILDREN; PROVIDING TI1AT THE TOTAL NUMBER OF CHILDREN LIVING ON THE. PREMISES DOES NOT EXCEED FIVE (5) IN NUMBER INCLUDING THE CHILDREN OF THE RESIDENT FAMILY; PROVIDING THAT THE AGE OF SUCH CHILDREN DOES NOT EXCEED ELEVEN (1.1) ; PROVIDING THAT APPROVAL IS FIRST SECURED FROM THE HEALTH AND FIRE DEPARTMENTS AND FROM THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES; PROVIDING COMPLIANCE WITH EDUCATLONAL AND CHILD CARE FACILITY REQUIREMENTS OF THE CODE; REQUIRING A CERTIFICATE OF OCCUPANCY; CONTAINING A REPEALER PROVISION AND A SEV'RABILITY CLAUSE. WHEREAS, the City Commission finds that family day care centers, as a permitted use, subject to specified safeguards, in all residential districts is in furtherance of the public health, safety, and welfare; NOW, THEREFORE, BE IT. `ORDAINED 13Y THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Subsection 1-8 of Article V of Ordinance No. 6871, effective June 2-, 1961, the Comprehensive Zoning Ordi- nance of the City of Miami, Florida, as amended, entitled: "ARTICLE V- ONE FAMILY DWELLING - R-1, R-1A, R-113 DISTRICTS", is hereby amended in the following particulars "ARTICLE V- ONE FAMILY DWELLING - R-1, R-1A, R-1B DISTRICTS The following regulations shall apply: in all R-1, R-1A, and R-1B Districts: Section 1.- USE REGULATIONS No building or structure, or part thereof, shall- be erected, 4c k Underscored words and/or figures constitute the amend- ment proposed. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 79-74.6 (8) (a) Home occupation which :is the conduct of ec * (b) Home occupation consistingof operating,` for profit or nonprofit_,�a family_ day care center for 'children ' or a family after -school day care center for_children, suhrec_, to:�t.he�;fol_1owt)g provisions: (i) That the total number of children on the premises does not exceed five ;(5) in number, including Rin. the countthe children of " the resident family. (ii) That the age of the .children, excluding whose of _t_fie_rcs..den.....f.nm ly_.,_.511.nll,.not exceed eleven (11) years of age. (iii)That prior approval of the building and use is secur.ec inwri_ti,ng f.rom_.the Dade County Health Department. (iv) That prior 'approval of the building and use is secured in writing from the' City. of Miami Fire Department. (y) That 1arior approval of the. building and use ls. ecured in writing from the Flot.ida De aartment of: Ilealth.and_lehzbil_it.ative Services, WheLe applicable, compliance with ..tbe requirements of this Code, pea taina.ng__to educational and child _ca_re facil t-lles,r (vii)Upon compliance with all conditions enumerr oted, a Certificate of: Use and Occupancy is secured from the City of Miami`Depart- ment of Buiding and Zoning inspection." The herei.n non-residential activity shall be conducted by the occupant of. the dwelling unit and there shallbe no display or indication on the exterior of the building that it is being utilized in part for any ;non- residential use; there shall be no commodity sold upon the premises; and no person shall be employed other than a member of the family residing on the premises; there shall be no signs other than those which may be herein- after specifically permitted." Section 2. All ordinances or parts of ordinances :in conflict herewith, insofar as they are in conflict, are hereby repea.led.` -2- 790 746 Section 3. If any section, pat of section, paragraph, clause, phrase, or word of this .ordinance is declared invalid, the remaining. provisions of this ordinance shall not be affected. . PASSED ON FIRST READING BY TITLE ONLY this dayof 1979. PASSED AND ADOPTED ON SECOND AN1) FINAL READING BY TITLE day of , 1979. ONLY this Y MAYOR -ATTEST: RALPII G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK• ASSISTANT CITY ATTORNEY APPROVED AS TO FORM ANI) CORRECTNESS: GEORGE F. KNOX, JR. CITY ATTORNEY _3_ 79-746