HomeMy WebLinkAboutO-13132Vop City of Miami
F ..
, 'Ir* Legislation
i 0 R �O
Ordinance: 13132
File Number: 09-00753A
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/28/2010
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL
PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND
STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD -2"
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO
LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 15, 2009, Item No.
P.2, following an advertised public hearing, adopted Resolution No. PAB 09-021 by a vote of seven to
zero (7-0), recommending approval as presented, with the addition of yellow and orange as accepted
colors in section 602.5.1.9; 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, AS FOLLOWS:
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 by amending the text of said Ordinance as follows: {1}
"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 602. SD -2 Coconut Grove Central Commercial District.
City of Miand Page 1 of 4 File Id. 09-0075kt (Version: 2) Printed On: 10/29/2018
File Number: 09-00753zt Enactment Number: 13132
Sec. 602.3. Class II Special Permit.
602.3.1. When required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to Article 13) affecting the height, bulk, location or exterior configuration of any
existing building; -Gr for the erection of any new building; er for the location, relocation or alteration of
any structure, sign, awning, landscaping, parking area or vehicular way visible from a public street or
waterfront walkway; and for the establishment of any outdoor green market pursuant to Section 602.5
herein. A Class II Special Permit shall not be required for signs located in the ground floor, exterior
painting, and awnings proposals which fully comply with the special design standards and guidelines
contained in the SD -2 Coconut Grove Central Commercial District Community Appearance Code,
incorporated herein by reference, and created to promote an elevated quality of design and an
enhanced general appearance in the district.
602.3.2. Considerations in making Class l/ Special Permit determinations
The purpose of the Class II Special Permit shall be to ensure conformity of the application with
the expressed intent of this district, with the applicable criteria listed in Section 1305 and any other
applicable criteria specified in this ordinance, as amended. In making determinations concerning
construction of new principal buildings or substantial exterior alterations of existing principal buildings,
the Director of the Planning ani Department shall obtain the recommendation of the Urban
Development Review BoardU( DRB). In the event that the UDRB fails to meet within thirty (30) days
or fails to make a recommendation to the Planning Director within sixty (60) days after plans have
been submitted for review, the requirement for UDRB review may be waived, if the Director of the
Planning and �Zoning -Department finds that the proposal is in compliance will all the applicable criteria
as set forth in Section 1305.
On primary pedestrian pathways as shown on the zoning atlas, design guidelines in the "City
of Miami Primary Pedestrian Pathway Design Guides and Standards" shall apply.
Outdoor areen markets shall be reviewed subiect to the reauirements. conditions and
limitations outlined in section 602.5 herein. In addition to other requirements, an operational plan and
vendor auidelines shall be reauired at the time of aaalication.
Sec. 602.5. Permitted accessory uses and structures.
Except as otherwise noted in Section 602.5.1. herein for outdoor green markets, uses kms
and structures which are customarily accessory and clearly incidental to permitted principal uses and
structures, approved in the same special permit proceedings, and initiated or completed within any
time limits established generally or in relation to the special permit, shall be permitted subject to
limitations established by these or generally applicable regulations. No aboveground offstreet parking
or loading areas shall be permitted between any front portion of a building and the front line of a lot
City of Miand Page 2 of 4 File Id. 09-0075kt (Version: 2) Printed On: 10/29/2018
File Number: 09-00753zt
adjoining a pedestrian street.
602.5.1. Outdoor Green Markets.
Enactment Number: 13132
Outdoor green markets are permitted within the district subject to obtaining a Class II Special Permit
with mandatory referral to the district NET Administrator only; and subject to all of the following
conditions, regulations, and limitations:
1. Only live plants and flowers, fresh fruits and vegetables, honey and pollen products, cheeses,
jams and jellies, baked goods, prepared foods and drinks derived from fresh fruits and
vegetables, soaps, candles, handmade crafts, antiques, collectibles, paintings, and objects
d'art may be sold on anv outdoor areen market within this district.
2. Outdoor green markets must be located within an improved site which shall consist of ground
level developed open space or plaza of no less than nine -thousand (9,000) square feet.
3. Outdoor green markets shall not be located within parking lots or parking structures.
4. Outdoor green markets vending activities must take place on private property; vending within
the right-of-way and obstruction of the right-of-way is not permissible under this section of the
zoning code.
5. Outdoor green markets may operate two (2) days a week only based on predetermined day(s)
of the week. The outdoor green market permit shall include the specific day(s) of the week
and location for said aermit.
6. The applicant shall submit at the time of application the selected weekday(s) and location of
the outdoor green market.
7. The hours of operation including set-up and take-down shall be from 8:00 a.m. to 8:00 p.m.
8. Outdoor green markets shall have a minimum of six (6) vendors
9. Each vendor shall conduct business within a 10' x 10' white or green movable canopy which
shall be removed at the end of each market day. Any table placed within the canopy area
shall be covered with a white and/or areen fabric table skirt.
10. All vending activity, display, or exhibit must be conducted within a vendor's canopy area which
shall be kept in good condition at all times. Broken, faded and/or dirty canopies shall not be
allowed.
11. All garbage and trash shall be removed from the market site and disposed as required by law
at the end of each market day.
12. The market area shall be cleaned and left in a sanitary condition at the end of each market
day.
13. Outdoor green market signs shall be submitted for approval as part of the Class II application.
City of Miand Page 3 of 4 File Id. 09-0075kt (Version: 2) Printed On: 10/29/2018
File Number: 09-00753zt
14. Noisemakina or flashina devices shall not be allowed.
*11
Enactment Number: 13132
Section 3. If any section, part of 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 immediately upon its adoption and signature of
the Mayor. {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 herein 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 herein, whichever is later.
City of Miami Page 4 of 4 File Id. 09-0075kt (Version: 2) Printed On: 10/29/2018