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Legislation
- -Miami, FL 33133
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Ordinance
File Number: 09-00950zt
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 9 OF
ZONING ORDINANCE 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS"; MORE
PARTICULARLY BY AMENDING SECTION 936, ENTITLED CHILD DAY CARE
CENTERS; INCLUDING REGULATIONS FOR URBAN CHILD CARE FACILITIES
WITHIN CBD (CENTRAL BUSINESS DISTRICT), SD -5 (BRICKELL AVENUE AREA
RESIDENTIAL -OFFICE DISTRICT), AND SD -7 (CENTRAL BRICKELL RAPID
TRANSIT COMMERCIAL- RESIDENTIAL DISTRICTS) TO BE APPROVED BY A
CLASS II SPECIAL PERMIT IN ORDER TO MEET THE REGULATIONS
ESTABLISHED BY FLORIDA STATUTES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009 Item
No. P. 8, following an advertised public hearing, adopted Resolution No. PAB 09-032 by a vote of
seven to zero (7-0), recommending approval, as presented; and
WHEREAS, the City Commission after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein, as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is amended as follows {1 }
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 936. Child daycare centers.
936.9. Location of urban child care facilities in the Central Business District (CBD), Brickell Avenue
Area Residential -Office District (SD -5), and the Central Brickell Rapid Transit Commercial -Residential
District (SD -7).
Urban child care facilities are anv child care center, child daycare center, or child care
City of Miami Page 1 of 2 Printed On: 10/2/2009
File Number. 09-00950zt
arrangement which provides child care for more than five children, unrelated to -the operator and which
receives a payment, fee, or grant for anv of the children receivina•.care. which -is: Housed within a
ban child care facilities es
CBD, SD -5, and SD -7, shall be approved by Class II Special Permit in addition to the submittal of:
a. An operational plan
b. A resolution by the association approving the Day care center in their building.
c. Proof of notice to all unit owners.
936.9.1 Urban child care facilities must have a minimum of 35 square feet of usable floor space for
each child and a minimum of 45 square feet of usable outdoor play area for each child. The outdoor
Play area can be substituted for indoor play space, if the outdoor play space is not available on site
and must set forth additional requirements that apply to a facility which makes that substitution. The
additional requirements may be, but are not limited to, additional square footage requirements for
indoor space; air ventilation provisions; and a requirement to provide facilities and equipment
conducive to physical activities appropriate for the age of the children, in accordance with the
appropriate local, county, or state regulatory agencies, and Fla. Stat. Chapter 402, as amended from
time to time.
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after approval at second
reading, unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the
Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the
City Commission. {2} '
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BR 4
CITY ATTORNEY
Footnotes:
f 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated,
whichever is later.
City of Miami Page 2 of 2 Printed On: 1012/2009