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Ordinance: 13121
File Number: 09-00950A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2009
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
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. GENERALAND 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 davcare center. or child care
City of Miand Page 1 of 2 File Id. 09-00950z1 (Version: 2) Printed On: 10/26/2018
File Number: 09-00950zt Enactment Number: 13121
arrangement which provides child care for more than five children, unrelated to the operator and
which receives a payment, fee, or grant for any of the children receiving care, which is housed within
a building in the CBD, SD -5, and SD -7. Urban child care facilities established in buildings within the
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.
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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}
Footnotes:
{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 File Id. 09-00950z1 (Version: 2) Printed On: 10/26/2018