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HomeMy WebLinkAboutLegislation 1J-03-901 11/14/03 ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 22 AND 25, IN ORDER TO ADD, DELETE AND CLARIFY LANGUAGE PERTAINING TO SPECIAL PERMITS, USES AND CHARACTERISTICS OF USE AND CRITERIA FOR REVIEW OF ZONING APPLICATIONS, DEFINITIONS AND USE LIMITATIONS, AND TO MODIFY OTHER LANGUAGE THROUGHOUT THE ZONING ORDINANCE FOR CONSISTENCY; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at .its meeting of October 1, 2003, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 61-03 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission desires to more clearly define and augment criteria language for the City's special permits; and WHEREAS, the City Commission finds it appropriate to provide a clearer procedural framework for both the public and the City's administration in the review and approval process of special permits and variances; and WHEREAS, the City Commission desires to augment the criteria associated with variances so that additional consideration can be given to their impacts; 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 inhabitants to amend Ordinance No. 11000 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 adopted by reference and incorporated 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:2 "ARTICLE 4. ZONING DISTRICTS 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. Page 2 of 186 Sec. 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 CS Conservation PR Parks and Recreation R-1 Single -Family Residential R-2 Two -Family Residential R-3 Multifamily Medium -Density Residential R-4 Multifamily High -Density Residential 0 Office Gil Government and Institutional C-1 Restricted Commercial C-2 Liberal Commercial CBD Central Business District I Industrial RT Fixed -Guideway Rapid Transit Development District S Special Districts SD-1 Martin Luther King Boulevard Commercial District SD-2 Coconut Grove Central Commercial District SD-3 Coconut Grove Major Streets Overlay District SD-4 Waterfront Industrial District SD-5 Brickell Avenue Area Residential -Office District SD-6, 6.1 Central Commercial -Residential Districts SD-7 Central Brickell Rapid Transit Commercial -Residential Districts SD-8 Design Plaza Commercial -Residential District SD-9 Biscayne Boulevard North Overlay District SD-10 Jackson Memorial Hospital Medical Center Overlay District SD-11 Grove Rapid Transit District _Coconut SD-12 Buffer Overlay District SD-13 S.W. 27th Avenue Gateway District SD-14, 14.1, 14.2 Latin Quarter Commercial -Residential, and Residential Districts SD-15 River Quadrant Mixed -Use District SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts SD-17 South Bay Shore Drive Overlay District SD-18 Minimum Lot Size District SD-19 Designated F.A.R. Overlay District SD-20 Edgewater Overlay District SD-21 Silver Bluff Commercial Overlay District SD-22 Florida Avenue Special District SD-23 Coral Way Special Overlay District SD-24 Reserved SD-25 SW 8th Street S ecial Overla District 400.1. Definitions of groupings of various districts. Residential districts: Where the phrases "all residential districts," Page 3 of 186 "residential districts," "zoned residence" or "residentially," "residentially zoned," or phraseology of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: Symbol Title R-1 Single -Family Residential R-2 Two -Family Residential R-3 Multifamily Medium -Density Residential R-4 Multifamily High -Density Residential Low Density Residential districts: Where the phrases "low density residential districts," or phraseology of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: Symbol Title R-1 Single -Family Residential R-2 Two -Family Residential Multifamily Residential districts: Where the phrases "Multifamily residential districts," or phraseology of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: Symbol Title R-3 Multifamily Medium -Density Residential R-4 Multifamily High -Density Residential Office districts: Where the phrases "office districts," or "office zoned," or phraseology of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: Symbol Title 0 Office Page 4 of 186 SD-5 Brlckell Avenue Area Residential -Office District Office and Institutional districts: Where the phrases "office and institutional districts," or phraseology of similar intent are used in this zoning ordinance, the phrases include the following districts: shall be construed to Symbol Title 0 0ffice G11 Government and Institutional SD-5 Brickell Avenue Area Residential -Office District Commercial districts: Where the commercial or phraseology of ordinance, the phrases "commercial districts," "zoned commercially," "commercially zoned," or similar intent are used in this zoning phrases shall be construed to include the following districts: Symbol Title C-1 Restricted Commercial C-2 Liberal Commercial CBD Central Business District SD-1 Martin Luther King Boulevard Commercial District SD-2 Coconut Grove Central Commercial District SD-6, 6.1 Central Commercial -Residential Districts SD-7 Central Brickell Rapid Transit Commercial -Residential District SD-8 Design Plaza Commercial -Residential District SD-14, 14.1,14.2 Latin Quarter Commercial -Residential, and Residential Districts SD-16, 16.1,16.2 Southeast 0verlown-Park West Commercial -Residential Districts Restricted Commercial districts: Where the phrases "restricted commercial or phraseology of similar intent are used in ordinance, the phrases shall be construed to following districts: districts," this zoning include the Symbol Title Page 5 of 186 C-1 Restricted Commercial CBD Central Business District SD-1 Martin Luther King Boulevard Commercial District SD-2 Coconut Grove Central Commercial District SD-6, 6.1 Central Commercial -Residential Districts SD-7 SD-14 14.1 14,2 Central Brickell Rapid Transit Commercial -Residential District Latin Quarter Commercial -Residential, and Residential Districts SD-16, 16.1,16.2 Southeast Overtown-Park West Commercial -Residential Districts Liberal Commercial districts: Where the phrases "liberal commercial districts," or phraseology of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: Symbol Title C-2 Liberal Commercial SD-8 Design Plaza Commercial -Residential District Industrial districts: Where the phrases "industrial districts," "industrially zoned," "zoned industrial," "industrial zoning," or phrases of similar intent are used in this zoning ordinance, the phrases shall be construed to include the following districts: TABLE INSET. Symbol Title Industrial SD-4 Waterfront Industrial District Other districts: Districts not included in the listings of rcoidcntial, office, contrncrcial, and industrial dictricts above shall not be construed to fall within any of the four (4) classifications, unless regulations for such unclassified districts specifically apply requirements as for classified districts. Sec. 401. Schedule of district regulations. CS Conservation. Page 6 of 186 Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance: 1. Single-family residential with a maximum intensity of one (1) dwelling unit per five (5) acres and passive recreational uses by Special Exception only upon finding that there is no negative effect to the environment by Epccial Exccption only. based on an environmental impact study to be provided by the applicant. * Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Exception subject to the, applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance, upon a finding that there is no negative effect to the environment based on an environmental impact study to be provided by the applicant. Offstreet Parking Requirements: Offstreet parking required only to the extent that specific findings are made that there is no negative impact to surrounding areas only by Special Exception only upon a finding that there is no negative effect to the environment based on an environmental impact study to be provided by the applicant. PR Parks, Recreation and Open Space. * Permitted Accessory Uses: * * * * 3. Fishing Piers. 4. Minor repair or minor servicing of boats, marine motors or marine accessories or equipment other than when boats remain in the water shall be permitted. Repair work on the hull shall not be permitted in this district. Page 7 of 186 Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, 4T1-eIud4ng specifically: only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: Special Permit. 2. Repair or servicing of boats, marine motors or marine accessories or equipment other than when boats remain in the water shall bc permitted only by Class 11 Special Permit. Major repair work on the hull shall not bc .3,1. Sea plane base; dirigible base and helistops by Special Exception with City Commission approval only, and subject to limitations in Section 933. 4. Retail specialty shops including retail pales of boating, fishing, diving and swimming supplies existing waterfront specialty retail centers by the City Commission. 2. Retail specialty shops including retail sales of boating, fishing diving and swimming supplies and equipment by Special Exception; in addition, for existing waterfront specialty retail centers that are located within existing parks, outside display and sales of boats shall be permitted only by Special Exception with City Commission approval. S=3. Marinas, boat docks, slips, .piers, wharves, anchorages, and moorages for private pleasure craft by Special Exception only; provisions for Page 8 of 186 occupancy of commercial, official, scientific and private pleasure craft as living quarters may be specified in the grant of special exception. Boat rentals and charters by Special Exception only. 4-:5. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and limitations of Section 940. R-1 Single -Family Residential. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 1. Adult daycare centers shall be permitted by Class II Special Permit Clapp I Special Permit if for five (5) or more adults, subject to the requirements and limitations of Section 935, Adult daycare centers. 2. Child daycare centers shall be permitted by Class II Special Permit Claoo I Spccial Pcrmit for up n to i 3e-- (9) children, and"—b TT Sped -.1 Permit for ten (10) to twenty (20) children, and by Special Exception for over twenty (20) children, subject to the requirements and limitations of Section 936, Child daycare centers. 3. Places of worship, primary and secondary schools by Special Exception Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to principal uses and structures, including apccifically: only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 1. Home occupations shall be permitted only by Class II Special Permit Clapp I Special Permit (see Page 9 of 186 Section 906.5). 2. Garage or yard sales shall be permitted only by special garage and yard sale permit in accordance with Section 906.10. 3. Permanent active recreation facilities located in side yards or front yards accessory to uses in residential districts shall be permitted only by Class II Special Permit. with mandatory notice to abutting property owner°. 4. Temporary gatherings the extent controlled shall be Permit. * special events involving outdoor at churches, schools and the like, to not otherwise licensed, regulated and under other regulations of the City, permitted only by Class I Special * Offstreet Parking Requirements: Home occupations: One (1) additional space reserved for the employee. Places of worship, primary and secondary schools: As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within 1000 feet of a mass transit station or mass transit stop. provided findings arc madc that clearly show ouch reduction io rcaoonablc booed on ouch factor° ao facility proximity to p000iblc negative impact on the il-eborhood, and the like. No other parking reduction may be used in conjunction with this provision. * R-2 Two -Family Residential. * * Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section Page 10 of 186 1305, and any other applicable criteria specified in this ordinance. Same as for R-1 Single -Family Residential, and the following: in addition: * Offstreet Parking Requirements: * * * * Places of worship, primary and secondary schools: As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within 1000 feet of a mass transit station or mass transit stop. that clearly ohow ouch reduction is reacDonable baocd on such factors+ ao facility proximity to maaa transit, facility vioitation policy, poeeiblc negative impact on the neighborhood, and the like. No other parking reduction may be used in conjunction with this provision. R-3 Multifamily Medium -Density Residential. Conditional Principal Uses: Conditional principal uses shall be by special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for R-2 Two -Family Residential, and the following: in addition: 1. Community based residential facilities, with more than fourteen (14) to a maximum of fifty (50) clients, permitted only by Special Exception with City Commission approval, subject to the requirements and limitations of Section 934. and by Claso II Cpccial Permit if for five (5) or Page 11 of 186 more adults, oubjcct to the requirement° and limitations of Section 935, Adult daycare centers,. --2. Convalescent homes, and nursing homes, permitted only by Special Exception with City Commission approval. Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200) feet from one another if their capacity is less than or equal to fourteen (14) persons and at a minimum distance of two thousand five hundred (2,500) feet from one another if their capacity is greater than fourteen (14) persons. Said distance shall be measured in a radial fashion from the boundary line of the property wherein such a use is in existence. 4. Child daycare center° °hall be permitted by -Class I Special Permit for up to ninc (9) children, by Clao° II special Permit for tcn (10) to twenty -(-2-0) children, and by Special Exception for over twenty (20) children, oubjcct to the requirements and limitations of Section 935, Child daycare =3. Rooming or lodginghouses by Special Exception only. 6. Placco of worohip, primary and occondary achoolo, only by Special Exception. 4. Health clinics by Special Exception with City Commission approval; provided that in that R-3 district along Brickell Avenue bounded by Southeast 26th Road and Southeast 15th Road, said health clinics shall be instituted subject to the following conditions: a. There shall be only one (1) licensed practitioner in the clinic and in addition, medical and clerical staff not to exceed three (3) persons in number. b. They shall be allowed only as adaptive reuses of existing single family residential structures (as of February 27, 1997) within the district and are expressly prohibited within duplex and multifamily residential structures. c. Parking shall be provided on -site at the Page 12 of 186 rate of one (1) parking space per two hundred fifty (250) square feet of gross floor area. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures iricluding pccifically: only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for R-2 Two -Family Residential and in addition: 1. Home occupations shall be permitted only by Class II Ciaoo I Special Permit. {oce Ccction 906.5). 2. Permanent active recreation facilities located in side yards or front yards accessory to uses in residential districts shall be permitted only by Claoo I Class II Special Permit. 3. Temporary special events involving outdoor gatherings at churches, schools and the like, to the extent not otherwise licensed, regulated and controlled under other regulations of the City, shall be permitted only by Class I Special Permit. 4. Post -secondary educational facilities subject to Clapp I Class II Special Permit, provided that the floor area is not greater than one thousand five hundred (1,500) square feet, the total number of courses at a single location does not exceed two (2) per year, and each course is held for only up to the length of time of a scholastic semester. 5. One (1) onsite dock or mooring space per unit for major private pleasure craft for use of residents thereof only by Class II Special Permit Special Exception but not as a dwelling unit. 6. Accessory convenience establishments, subject to the requirements and limitations of Section 906.7. Offstreet Parking Requirements: Page 13 of 186 Places of worship, primary and secondary schools : As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within 1000 feet of a mass transit station or mass transit stop. provided finding° arc made that clearly chow such reduction io rcaaonablc baocd on ouch factoro ao facility proximity to maoo tranoit, facility vioitation policy, poosiblc negative impact on thc neighborhood, and thc like. No other parking reduction may be used in conjunction with this provision. Offstreet Loading Requirements: By Clapp I Special Permit One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. as dictated by nccdo of thc individual project. * * * R-4 Multifamily High -Density Residential. * Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for R-3 Multifamily Medium -Density Residential, and in addition: I Cpccial Permit if for four (4) adults or lcoo, and by Claao II Special Permit if for five (5) adulto or more, oubjcct to thc requirement° and limitations of Section 935, Adult daycare een-tee. 2-1. Community based residential facilities, with more than fourteen (14) residents including staff Page 14 of 186 permitted only by Special Exception with City Commission approval, subject to the requirements and limitations of Section 934. 3. Convalcacent homes, nuroing homco, ino-titxtiono for thc aged or infirm and orphanagca arc permitted only by Cpccial Exception with City Commission approval, subject to thc requiremento and limitationo of Scction 934. 1. Child daycare centero, oubjcct to thc rcotrictiono and limitationo in Section 936, permitted by Class I Special Permit. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Offstreet Parking Requirements: Places of worship, primary and secondary schools: As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within 1000 feet of a mass transit station or mass transit stop. provided finding° arc made that clearly ohow Much reduction is rqraoonable ba&—e --oueh factor° ao facility proximity to mass transit, facility viaitation policy, p000iblc negative impact on thc neighborhood, and thc like. No other parking reduction may be used in conjunction with this provision. * 0 Office. * Page 15 of 186 Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for R 3 R-4 Multifamily High -Density Residential, and in addition: 1. Croup homco by Spccial Exccption. 2. Footcr c rc homco by Spccial Exccption. 1. 4. Community based residential facilities purcuant to subject to the requirements, limitations and criteria specified in Section 934, shall be arc permitted only by Special Exception with City Commission approval. 2.-4— Privately owned and/or operated recreational buildings and facilities by Special Exception. 3.4. Playgrounds, playfields, parks by Class II Special Permit . 4.6. Facilities privately owned and used for garden, service, civic or private clubs or lodges '(not for profit) by Special Exception. 5.R-. Commercial parking lots only by Special Exception. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for R-4 Multifamily High -Density Residential, and in addition -1' a-nd -ubo r -i nQ t o n a -t- -o p r i a3—ice s--and otructurcc, including opccifically: 1. Drive -through banking facilities, only by Class II Special Permit. Spccial Exception with City Commission approval 2. Helistops only by Special Exception with Page 16 of 186 City Commission approval and subject to requirements and limitations in Section 933. 3. Commercial marina by Class II Special Permit £pccial Exception only. * * * * Offstreet Parking Requirements: Places of worship, primary and secondary schools: As for G/I. For places of worship, a reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, when such facilities are located within 1000 feet of a mass transit station or mass transit stop. pvidcd finding° arc made that cl arly show such reduction i° reasonable based on ouch factors ao facility proximity to mass trap°it, facility visitation policy, the like. No other parking reduction may be used in conjunction with this provision. Offstreet Loading Requirements: By C1aoo I Spccial tcrmit, One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. as dictated by needs of the individual projcct. G/I Government and Institutional. * * * * Permitted Principal Uses: Same as 0 and in addition: 10. Fostcr arc homc3 . Page 17 of 186 11. Croup homcr. 12.10. Cemeteries. 13.11. Convalescent homes, nursing homes, institutions for the aged or infirm and -4-=.12. Pharmaceutical laboratories. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, and in addition: 1. Limited retail uses which are intended to serve the retailing and personal service needs of the governmental/institutional use. Such uses may be allowed up to ten (10) percent of the gross square footage of such structures. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 3. Community based residential facilities only by Special Exception with City Commission approval, subject to the requirements, limitations and criteria of Section 934. 4. Commercial parking lots or parking garages only by Class II Special Permit Epccial Exception. * * * * Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Specifically: 1. Limited retail uoeo which arc intcndcd to ocrvc the retailing and peroonal ocrvicc need❑ of the Page 18 of 186 governmental/inotitutional use. such uoco may be allowed up to tcn (10) percent of the grooa oquare footage of ouch 3tructurco by Ciaoo II Special Permit. Forensic incinerators only by Special Exception, subject to all applicable local, state and federal laws. 3-2. Helistops only by Special Exception with City Commission approval and subject to requirements and limitations in Section 933. 4.3. Accessory convenience establishments subject to the requirements and limitations of Section 906.7, Convenience establishments as accessory to residential or office uses. Accessory thrift shop establishments, which retail secondhand items and which do not exceed ten (10) percent of the primary use and are operated by religious or nonprofit organizations, only by Class II Special Permit. 4-:5. Drive -through service facilities, including with the exception of drive -through facilities for financial institutions, shall be permitted only by Class II Special Permit (nee Section 931), subject to the additional reservoir requirements established in Section 931.2. Drive through facilitica for financial inotitutiono only by and subjcct to rc3crvoir rcquiremento cotabliohcd in Ccction 931.2. * * C-1 Restricted Commercial. Permitted Principal Uses: Same as for 0 district and in addition: 6. Retail establishments for sale of groceries, wearing apparel, photographic and hobby supplies, Page 19 of 186 antiques, toys, sundries, bookstores, music stores, art galleries, florists; delicatessens, meat markets, bakeries, confectioneries, ice cream stores; drugstores; gift shops; hardware stores; variety stores; stores for television, radio and other electronic appliances, videotape sales and rentals, jewelry stores (except pawnshops); art stores; package liquor stores (without drive-in facilities), home furnishings and appliances, office furnishings, equipment and supplies, floor covering; leather goods, luggage, sporting goods, bicycles; garden supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and incidental assembly are permitted as accessory, but not principal uses. Aside from antique art, jewelry and bookstores and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 13. Theaters (other than drive-in), museums and libraries. * * * 17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equipment and accessories; for sale of new boats, marine motors, parts, equipment and accessories; for sale of pets and pet supplies, pool supplies and equipment; plant nurseries, building supply stores. Aside from plant nurseries, car sales and commercial parking lots, all commercial sales, display and service activities shall be within fully enclosed buildings. Aside from antique shops, art shops, jewelry and bookstores, and stores renting formal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. 21. Employment offices, subject to City Commission approval. 22.21. State of Florida licensed franchise motor vehicle dealers; including the sales of new cars. Page 20 of 186 Other uses maintained and operated in direct association with the new car sales operation and which are customarily incidental and subordinate to the sales of new cars by such dealers are also included as follows; subject to the specified conditions and limitations: * * * 22. Cigar Manufacturing hand process. 23. Child daycare centers, subject to the requirements and limitations of Section 936. 24. Adult daycare facilities, subject to the requirements and limitations of Section 935. Permitted Accessory Uses: Same as 0 district and in addition: Uses and structures which are customarily incidental and subordinate to permitted principal uses. 1. For waterfront property only, wet dockage or moorage of major private pleasure craft not exceeding two (2) per dwelling unit for the first ten (10) dwelling units, plus one (1) for each five (5) additional dwelling units. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for 0 Office district, and in addition: 1. Commercial marinas, boat rentals and piers only by Special Exception, subject to the criteria and requirements of Section 924; provision for occupancy of commercial, scientific, official vessels and private pleasure craft as temporary living quarters (maximum stay: seven [7] days) may be specified and included in the grant of special exception, except in the Little River Canal. Page 21 of 186 * 5. Except where specifically permitted in connection with commercial marinas under the provisions of Special Exception as indicated above, occupancy of private pleasure craft as living quarters shall be allowable only by Special Exception, and each such occupancy of private plcaoure craft ao living quartcro ohall be allowable only by Special Exception with City Commission approval. 6. Automotive service stations, auto care service centers (within completely enclosed buildings) and car washes, as defined in Article 25, only by Class II Special Permit, subject to the criteria, requirements and limitations of Sections 930 and 931. 7. Bars, saloons, taverns, and supper clubs, only by Special Exception. 8. Privately owned and/or operated recreation buildings and facilities, playgrounds, playfields, parks, beaches, neighborhoodcenters, auditoriums, librarico, art gallcric, muocumo and the like; private clubs, lodges, for profit, commercial recreation establishments including pool hallo and billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, driving ranges, archery ranges, trampoline centers, game rooms, banquet halls and dance halls by Claoo I Class II Special Permit only. 9. Cigar manufacturing, had pioccoo, and Sewing a hop by Claoo II Special Permit only. 1-0Adult daycare facilitica, subject to the requirements and limitationo of Section 935, by Special Exception. 11. Convalescent homes by Special Exception. 9. Convalescent homes, and nursing homes, permitted only by Special Exception with City Commission approval subject to the following criteria. Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200) feet from one another if their capacity is less than or equal to fourteen (14) persons and at a minimum Page 22 of 186 distance of two hundred five hundred (2,500) feet from one another if their capacity is greater than fourteen (14) persons. Said distance shall be measured in a radical fashion from the boundary line of the property wherein such a use is in existence. 12. Nur3ing home a d- inst i•e rs----fc r t -aged o- infirm by Special Exception. 10. Private clubs, lodges, fraternities, sororities and the like operated for profit; pool halls and billiard parlors by Special Exception only. 13. Orphanagco by Special -Exception. 14. Child daycare ccntcro, oubjcct to the rcquircmcnta and limitationo of section 93G. Clas-s I Special. Permit. 18. Temporary revival churchco by Claoo I special Permit. 46.11. Ambulance service or expansions thereof, by Special Exception; cxpanoion of cxic-ting ambulance ocrvicc by Claoo II Special Permit. 4.12. Veterinary or animal clinics as defined in Article 25 shall be permitted by Special Exception only. Such facilities shall not include boarding facilities for healthy animals but may allow overnight boarding for up to five (5) sick animals. ate- ,Swimming pool oupplica and equipment by Special Exception. 19. Sewing ohopo by Cla3c II Spccial -Permit if for ten (10) or fewer machinco, by pccial Exception if for more than ten (10) machines. 13. Sewing shops, by Class II Special Permit and only where the ground floor frontage is designated with an active, pedestrian oriented space that does not diminish pedestrian activity, including retail sales of some kind associated to the sewing shop. 24.14. Private express delivery services by Clapp 3� Special Exception Permit. 2-1.15. Sales of used automobiles by Special Exception only. Page 23 of 186 22.16. Hiring halls, employment offices, or labor pools by Special Exception only, and subject to City Commission approval. .17. Discount membership merchandisers, aef dcfincd and conditioncd in Ccctiona 941 and 2502 and subject to the criteria and requirements of Section 944 and by Special Exception regulations and requirements set forth in Article 16. Coin -operated laundry and dry cleaning facilities with rated capacity over one thousand (1,000) pounds total for laundry, and over one hundred (100) pounds total for dry cleaning, laundry and dry cleaning agencies or establishments, by Epccial Exception Class II Special Permit. 25.19. Rental -purchase stores by Class II Special Permit. Their location shall be restricted to primary arterial roadways as defined in the Dade County Comprehensive Plan. -2-6.20. Public storage facilities, by Special Exception, subject to applicable criteria and, regulations set forth in Section 946 of this ordinance. 2-7.21. Vehicle rental facilities, by Special Exception subject to applicable regulations set forth in Section 947 of this ordinance. &.22. Pharmaceutical laboratories only by Special Exception subject to criteria, requirements and limitations set forth in Section 945. 29.23. Processing, packaging, handling, distribution and wholesale and retail sales of seafood by Class II Special Permit only and only when such uses are conducted from properties which immediately abut the Miami River. The Class II Special Permit shall ensure compliance with the general and special considerations outlined in Section 604.3.2. 3-0.24. Sales of fresh flowers from mobile vending carts placed in open space areas by Class II Special Permit and subject to compliance with Coconut Grove Right -of -Way Vending Cart Guides and Standards. Page 24 of 186 .25. Fire stations, subject to Special Exception with City Commission approval, with additional conoidcration given to adequate buffering when uch uac are -1-em et -a jQccnt to o; .�cr , Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Permit subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Same as for 0 Office district, and in addition: Uoca and structurco which arc customar-i-1 f• cidcn a' and oubordinatc to conditional principal twee and 3. Drive -through facilities for financial institutions only by Class II Special Permit. Special Exception with City Commiooion approval. 8. For waterfront property only, wet dockage or moorage of major private plcaourc craft not exceeding two (2) per dwelling unit for the firot tcn (10) dwelling unito, pluo one (1) for each five (5---add-itional dwelling unito. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and limitations of Section 940. 10.9. In conjunction with the conditional principal use specified in no. 21 2-9 above, and subject to the same Class II Special Permit, including the considerations outlined in Section 604.3.2, the following accessory uses may be conducted; offloading and unloading of seafood from boats; storage of seafood fishing equipment; and containerized storage of seafood. Offstreet Parking Requirements: For commercial marinas: Parking needs for automobiles and boat trailers shall be to be determined for a Page 25 of 186 specific project by special Exception, but not lcso than five (5) spaces plus one (1) space for each two (2) boats, sixteen (16) feet or more in length, to be accommodated. For dry dockage or boat racks: Five (5) spaces plus one (1) for each three (3) boats. For lodgings: Two (2) parking spaces for every three (3) lodging units. Offstreet Loading Requirements: By Claoo I Special Permit One (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces. ae dictated by need° of the individual project. * * * * C-2 Liberal Commercial. * * * Permitted Principal Uses: 19. Cellular communications site provided that where a transmission tower is used the transmission tower shall not exceed one hundred and fifty (150) feet. 20. Tattoo Parlors. 21. Private express delivery service. * * * * Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Outdoor advertising businesses subject to the criteria, limitations and restrictions as set forth in Section 10.8.3. 7. Recreation and entertainment facilities by Class Page 26 of 186 II Special Permit, which arc not al -ready Hated umdcr C 1 Rcotrictcd Commercial Conditional Principal Uoco, by Special Exception only. 8. Public utilities and transportation facilities by Special Exception only. 9. Flea markets by Clasa-3- Special Exception Permit only, subject to the criteria and limitations in Section 938.E 10. Heavy equipment sales, services and storage, and building material sales and storage, including contractor's equipment and road building equipment by Class II Special Permit only. -Special Exception only; cxccpt where opccifically excluded in the grant of opccial exception, Open storage of equipment and material shall be behind or beside a shop, store, or other building in permitted use in the front or side portion of the same lot, and where not screened from view from public streets (other than alleys and from adjoining residential districts by buildings) shall be enclosed by a solid textured wall (with necessary openings) at least six (6) feet in height. 11. Stockpiling and distribution of rock, sand, gravel and the like, including concrete mixing plants limited to dry components, only by Special Exception Claoo II Spccial Permit. 12. Multifamily residential structures of a density equal to R-3 or higher subject to the following criteria by Special Exception only, upon finding that: a. The proposed site's proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development; and b. Adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents. 13. Tattoo parlor° by Spccial Exception only. Hiring halls, employment offices and e labor pools by Special Exception Class II Special Permit. Page 27 of 186 .14. Government and non-residential institutional uses, including schools, by Class II Special Permit. Offstreet Loading Requirements: By Clans I Spccial Pcrmit, One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. a dictatcd by nccdo of the individua-1 projcct. CBD Central Business District Commercial. Intensity: * Permitted Principal Uses: * * Same as for C-1 Restricted Commercial district, except: 5. Sewing shops; manufacture and/or assembly of small electronic components. 6. Bars, saloons, taverns and supper clubs. 7. Trade marts including wholesale showrooms. 8. Institutional uses such as regional government and educational centers. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: Page 28 of 186 4. Mixed uses of limited warehousing and office, or limited warehousing and retail showrooms, subject to the criteria and limitations of Section 939. Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305 and any other applicable criteria specified in this ordinance. Same as for C-1 Restricted Commercial district, and in addition: 1. Institutional uoco, ouch ao regional government and educational ccntcro by Cpccial Exccption enly. 2. Trade marto, including wholcoalc ohowroomo by GpeeIal Exccption -only. 3-1. Major sports, exhibition and entertainment facilities and convention centers by Major Use Special Permit. 4-2. Parking lots and garages by Class II Special Permit only, subject to the criteria and limitations of Section 14-71 of the City Code; with surface parking lots further subject to the conditions and criteria set forth in Section 917.3.2 4.3. Public health and social service facilities by Special Exception only. manufacture and/or aoocmbly of omall cicctronic componcnto by Claao II Spccial Pcrmit only. 7. Mixcd uoco of limitcd warchouoing and office, or limitcd warehousing and retail showrooms by Class II Spccial Pcrmit only, oubjcct to the limitations of Scction 939-. 4.4. Public utilities and transportation facilities by Class II Special Permit. Commercial marinas by Class II Special Permit only. 10. Bars, saloono, tavcrna and oupper clubo by Claoo Page 29 of 186 crmit only. 3�.6. Adult daycare facilities and child daycare facilities by Class II Special Permit Class I Epccial Pcrmit only, subject to therequirements of Sections 935 and 936, respectively. 3�.7. General wholesale activities at the ground floor level along designated primary pedestrian pathways shall be permissible only by Class II Special Permit and only if said ground floor frontage consists of a "retail" or "open to the public" component. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, eluding thooc permittcd in thc C 1 district; cxccpt: only by Special Permit subject to the applicable criteria in Section 1305 and any other applicable criteria specified in this ordinance. Same as for C-1 district, except: 3. Drive -through facilities for financial institutions by Class II Special Permit only. ,Spee4a1 Exception with approval by thc City Commission. 4. Automotive service stations and car washes by Special Exception only. 6. Helistops only by Special Exception with City Commission approval and subject to criteria, requirements and limitations in Section 933. Class II Special Permits: 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; or for the erection of any new building; or for the location, relocation or alteration of any structure, sign, awning, Page 30 of 186 landscaping, parking area or vehicular way visible from a public street or waterfront walkway. A Class II Special Permit shall not be required for signs located in the ground floor, exterior painting, and awnings for proposals Which fully comply with the special design standards and guidelines contained in the CBD Central Business 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. 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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. Th.e—pur-pese--e the Class II Special Permit shall be to ensure conformity of thc application with thc expressed intent of thin diotrict, with thc general conaidcrationo listed in Section 1305, and with thc special conoiderationa listed below. In making detcrminationo concerning eonstruction of rye —p =ice i pa, 1dingo o.3 ,,bG} rti , exterior alteration of existing principal buildings, thc Planning Director may obtain thc advice and rccommcndations of thc Urban Development Review Board. 7. Certificatco of compliance in lieu of Claps II £pccial Permit arc hereby inotituted in an effort to facilitate permitting procedures for proposalo which fully comply with thc special dcoign otandardo and guidelines contained in thc Central Buoincoo Diotrict Community Appearance Codc, created to promote an elevated quality of dcoign and an enhanced general appearance in thc district. Page 31 of 186 8. Ccrtificatco of compliance in lieu of Claoo II Spccial Permit shall be obtained purouant to those proccdurco set forth under Ccction 1513 of thin ordinance, as amended. * * * Offstreet Parking Requirements: In general: Since it is intended that automobile traffic be minimized in this district because of its close proximity to the rapid transit stations, special offstreet parking requirements and limitations are as follows: 1. All parking shall be subject to the requirements and limitations of Section 14- 71 of the City Code; with surface parking lots further subject to the conditions and criteria set forth in Section 917.3.2 2. Notwithstanding the limitations of Section 918, offsite parking shall be permitted for residential or nonresidential uses by Class II Special Permitwithout. There shall be no limitation on percentage of the required number of spaces or maximum distance from the principal use. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on the site, provided that the location of the offsite parking is within one thousand (1,000) feet radius of the principal use or within six hundred (600) feet radius of a Metromover station, or where there are permanent provisions made to transport the offsite parking patrons to and from the principal site at the property owner's expense. 5. Parking reductions of up to ten (10) percent shall be allowed may be approved, pursuant to a Clao-o II Spccial Permit, for uses and development which are located within six hundred (600) feet of a Metrorail or People Mover station. Page 32 of 186 6. Parking reductions of up to fifty (50) percent may be approved, purauant to a Special Exception Permit, for uses and development which incorporate a direct link into a Metrorail or People Mover station. Offstreet Loading Requirements: By Chop I Special Permit,- One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. I Industrial. Permitted Principal Uses: 27. Manufacturing or processing of fish or meat products, or the rendering or refining of animal fats or oils. 28. Manufacture of concrete and cement products, brick, tile or terra cotta Conditional Principal Uses: Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in Section 1305, and any other applicable criteria specified in this ordinance. Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. As for C-2 excluding non -transient residential facilities and in addition: 1. Facilitica for storing, packaging, handling, Page 33 of 186 proccooing or distribution of explooivc, flammable, or otherwise hazardous materials by Class I special Permit only. No such permit Shall be- -asucd unlcoo and until the chief of thc fire del _rt-m-nt is assured that, in addition to meeting other rcquircmcnts of applicable codes, thc facilitico for such Storage, opcn or enclosed, are designed, to atcd and equipped to make fire protection or protection from other hazards f aoiblc, and that the manner of operation of ouch facilitico will give reaDonablo aosurancc of protection of life and property. 1..-. Facilities for VTOL or STOL craft, hovercraft, or sea planes only by Class II Special Permit. 3. Manufacture of concrete and cemeli-t products, brick, tilt or terra cotta only by Claeo I Special Permit. 1. Manufacturing or proccooing of fioh or moat products', or thc rendering or refining of animal . 2 Recycling plants only by Class II Special Permit. 3. Container yards only by Special Exception and subject to the criteria, requirements and limitations set forth in Section 942 of this zoning ordinance. 4.7— Adult entertainment, subject to the limitations and requirements in Section 937. Offstreet Loading Requirements: * * * * By Class I special Permit, One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. ao dictated by needs of thc individual project. ARTICLE 5. PLANNED UNIT DEVELOPMENT Page 34 of 186 Sec. 501. Application of regulations; intent, criteria. It is the intent of this Article that planned unit development and redevelopment be encouraged and that in addition to the criteria outlined for Major Use Special Permit in Section 1703.1 and the applicable criteria in Section 1305, the following criteria shall also be considered for Planned Unit Development projects: the provioiono of thin Arti providing. (1) Greater flexibility in the pattern of development; (2) Improved level of amenities; dcvclopmcnt; (4) Creative dcoign (5) Improved environment; and/or (3)(G) Preservation of historic properties and environmental preservation districts. Sec. 505. Setback provisions. * PUD. * Rcduetion of gcn in for planned unit dcvclopmcnt incomc familico and inditi than one half (}L2.) of the rc Ecction 505.2 above. The limitations ohall apply: (a) The project ohall otherwise conform to thc requirements of state and or federal programo for thin purpooc. * * houoing project° for low following requirements and application for Special Exception, ohall determine and make finding that thc reduction of required setbacks is juotificd in view of thc Page 35 of 186 nature and type of proopcctivc occupancy ao well as the economic circumotancco involvcd. (c) If approvcd, thc octback reduction ohall only bc .mplcmcntcd in thooc oidc yardo directly abutting a right of way or other opcn apace ouch ao parka, rivero, an thc like and not in those oidc yard3 abutting anothcr property whcthcr developed or vacant, ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 601. SD-1 Martin Luther King Boulevard Commercial District. * Sec. 601.3. Class II Special Permit. 601.3.2. Considerations in making Class II 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. The purpooc of the Clamp II Special Pcrmit shall bc to cnourc conformity of thc application with thc cxprcoacd intcnt of thin diotrict, with thc gcncral conoidc.ations listcd in section 1305, and with tho opccial considerations listcd below. Sec. 601.4. Principal and accessory uses and structures; conditional principal and accessory uses and structures. Page 36 of 186 601.4.2. Permitted only by apccial permit. Conditional principal uses. Conditional principal uses and structures shall be by Special Permit subject to the applicable criteria in Section 1305, any other applicable criteria specified in this Ordinance, and as follows: Conditional Principal uoco: Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. Uses and structures permitted shall be as for C-1. In addition: 1. By Class II Clapp 1 Special Permit only, Establishments for sale of secondhand merchandise. 2. By Special Exception only, bars, saloons, taverns, private clubs, lodges, supper clubs, nightclubs, fraternity or sorority houses, pool and/or billiard halls. ,and commercial parking lots. and temporary revival churchco. 44— 3. By Special Exception only, rescue missions and temporary revival churches. &-4. By Class II Special Permit only, open air sales and other uses not covered in Section 601.4.1.2. 6. By Claoc I Epccial Permit, maoc produced itcmo. 601.4.3. Conditional accessory uses: Conditional accessory uses shall be by Special Permit subject to the applicable criteria in Section 1305, any other applicable criteria specified in this ordinance, and as follows: 1. Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only subject to a Class II Special Permit and further limited as follows: Page 37 of 186 * Sec. 602. SD-2 Coconut Grove Central Commercial District. * * Sec. 602.3. Class II Special Permit. * 602.3.1. When A Class to approval pursuant to location or * required. II Special Permit shall be required prior of any permit (except special permits Article 13) affecting the height, bulk, exterior configuration of any existing building; or for the erection of any new building; or 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. 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 II 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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 Page 38 of 186 that the proposal is in compliance will all the applicable criteria as set forth in Section 1305. The purpose of thc Class II Special Permit shall bc to ensure conformity of thc application with thc expressed listed in Section 1305, and with thc special considerations listed below. 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. Certificates of compliance in lieu of Class II Cpccial Tito arc hereby instituted in an effort to facilitate the special de -sign stairdards a rn ' nccontained i n 11+4 thc CD 2 Coconut Crovc Central Commercial District Community Appgarancc Codc, incorporated hcrcin by reference, and created to promote an elevated quality of design and an enhanced general appearance in the district. Ccrtificatco- of compliance —in re -of—Glass TT cpea -, Sec. 602.4. Permitted principal uses and structures. * * 602.4.1.1. Only the following principal uses shall be permitted on the ground floor frontage of pedestrian pathways: * * * * 10. Brewery -restaurants as defined in Section 2502 by Special Exception. Brewing activities shall only be conducted as an accessory use to the restaurant. All sales of beer and wine must be consumed on the premises and always in conjunction with a meal. Issues to bc considered during thc Cpccial Dxccption public hearing arc; thc 1. atien of the brewing emissions and discharges; exterior lighting; rds ,may and aigna Page 39 of 186 602.4.1.3. Sales display and outdoor dining within open, or partially open space. All sales, display of uses permitted hereinabove shall be contained within completely enclosed buildings except as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, as specified below oubjcct to a Clara II Special Permit upon providing a minimum of one (1) parking space per vending cart and complying fully with the terms set forth in Section 602.10 of this ordinance: 1. Outdoor dining areas by Class II Special Permit. 2. Display and sale of the following items from vending carts by Class II Special Permit: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged foods, not requiring refrigeration or further preparation, subject to applicable state health regulations; and (b) Arts and crafts. Within open space, or partially open space, display and sale of other merchandise or food products allowed to be sold generally within the district, and subject to the restrictions set forth herein, may be permitted pursuant to a Class II Special Permit special Exception Permit. However, no Spccial DKccption Permit or no Class II Special Permit shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits, displays and sales of items shall be conducted from vending carts subject to the criteria specified in the "Coconut Grove Vending Guides and Standards;" said criteria may be modified by Class II Special Permit the Zoning Board pursuant to a Special Exception Permit upon finding that the requested modifications are justified due to one (1) or more of the following special conditions and criteria in Section 1305.2: Page 40 of 186 * * * Sec. 602.5. Permitted accessory uses and structures. Uses 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. Othcr a-ccc000ry usco Spccial Pcrmit. No aboveground offstreet parking or loading areas shall be permitted between any front portion of a building and the front line of a lot adjoining a pedestrian street. * * 602.10.3. Shared parking. 1. Shared parking for a mixed use development. Any mixed use development which includes a theater as a component of the development, may, Pcrmit, receive a credit for a portion of the required theater parking. Said credit shall be based on a written justification of the peak demand timing for the uses contained in the development. In no case however, shall the theater parking be less than one (1) space per seven (7) fixed theater seats. * * 602.10.4. Off -site parking; criteria. Offsite parking shall be allowed subject to the criteria and limitations in this Section; and the applicable criteria in Section 1305. 602.10.4.1. For portions of SD-2 located east of Margaret Street: For all nonresidential development, all required parking may be permitted off -site anywhere within that part of the SD-2 district that lies east of Margaret Street, or that portion of the G/I district, as designated by the City of Miami's Page 41 of 186 Official Zoning Atlas, in Coconut Grove which is bounded by Charles Avenue on the south, and Main Highway on the east and presently occupied by the Coconut Grove Playhouse, after a certificate of occupancy is issued for a parking garage within such portion, subject to the applicable criteria in Section 1305 and an annually renewable Class I Special Permit which shall be accompanied by an updated parking calculation survey; provided, however: (a) that such required off -site parking shall not be located on any property for which subsidies or other financial assistance was or is obtained from the Coconut Grove Parking Trust Fund as described in Chapter 35 of the City Code; (b) that such parking is not required for any other use on the subject property. All leases under this Section shall be in recordable form and approved by the City Attorney's Office and filed with the zoning administrator prior to each issuance and renewal of Class I Permit. 602.10.4.2. For portions of SD-2 located west of Margaret Street: 1. For all nonresidential development, 'all required parking may be permitted off -site anywhere within that part of the SD-2 district or adjoining SD-12 district that lies west of Margaret Street, subject to the requirements in Section 1305.1 and an annually renewable Class I Special Permit which shall be accompanied by an updated parking calculation survey; provided, however that such parking is not required for any other use on the subject property. All leases under this Section shall be in recordable form and approved by the City Attorney's Office and filed with the zoning administrator prior to each issuance and renewal of Class I Permit. * Sec. 603. SD-3 Coconut Grove Major Streets Overlay District. Page 42 of 186 Sec. 603.3. Class I and Class II Special Permits. * * * * 603.3.2. Considerations in making special permit determinations. The purpose of the 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. * * Sec. 604. SD-4 Waterfront Industrial District. * * * * Sec. 604.3. Class II Special Permits. * * 604.3.2. Considerations in making Class II 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. liatcd bclow: * * Sec. 604.4. Principal uses and structures. 604.4.1. Permitted principal uses and structures. Page 43 of 186 * * 13. Except as permitted generally above, or permitted generally as accessory uses and structures, offices, living quarters, commercial or service establishments, manufacturing, processing and other uses shall be permitted for waterfront related activities for which the district is reserved, except that existing office structures may be used or expanded for general office uses. * * * 604.4.2. Conditional principal uses and structures. Conditional principal uses and structures shall be subject to the applicable criteria in Section 1305, any other applicable criteria specified in this Ordinance, and as follows: 1. Facilitico for storing, packaging, handling, processing or diotributi-on of cxplooive-r bc permittcd by Claoo I Spccial Permit only. No ouch permit oha11 bc ioaucd unlcoo and until thc chief of the fire department io aoourcd that,' in addition to meeting othcr rcquircmcnto of applicable codes, the facilitico for ouch otoragc, open or cncloocd, arc designed, located and equipped to make firc protection or protection from other hasardo fccible, and that the manner of operation of ouch facilitico will give rcaoonable aoourancc of protection of life and property. 2. Except ao permitted generally above, or permitted usco and otructurc8, offieco, living art re, comfficrc±al o wing and only by Claoo I Special Permit and only upon findingo by thc primarily related to waterfront activitieo, for required location within the diatriet, except merit cxioting office other uoco shall bc permitted office uoco. 1. Processing, packaging, handling, distribution and Page 44 of 186 wholesale and retail sales of seafood only by Class II Special Permit and only when such uses are conducted from properties which immediately abut the Miami River. Heliports, helistops, facilities for other VTOL or STOL aircraft, hovercraft, or sea planes shall be permitted only by Claps II Special Exception Permit and subject to the criteria as specified in Section 933. Sec. 604.5. Accessory uses and structures. * 604.5.2. Conditional accessory uses and structures. Conditional accessory uses and structures shall be subject to the applicable criteria in Section 1305, any other applicable criteria specified in this ordinance, and as follows: As for "principal uses and structures" in this district and in addition: 1. At commercial marinas, or docks, or slips, occupancy of private pleasure craft as permanent living quarters by the public, by Special Exception only. Class 1 8pccial Pcrmit. * 604.10.2. Minimum offstreet loading requirements. * * * * * 3. By Clapp I Spccial Pcrmit, One (1) larger six hundred sixty (660) square feet loading space may be replaced by two (2) of the smaller four hundred twenty (420) square feet loading spaces. * * * Sec. 605. SD-5 Brickell Avenue Area Office -Residential District. * * Sec. 605.3. Class I1 Special Permits. * * * Page 45 of 186 605.3.2. Considerations in making Class II 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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. The purpose of thc Clasp II Special Pcmmit shall be to ensure conformity of thc application with thc expressed intent of these districts, with thc general considerations listed below. In making determinations concerning construction of new principal buildings or substantial Planning Director may obtain thc advice and recommendation of thc Urban Development Review Board. 6. In general, Principal pedestrian entrances to buildings shall be along street frontages with major traffic volumes, and vehicular entrances shall be on streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize vehicular friction along major streets. Vehicular driveways along Brickell Avenue shall be prohibited unless the subject property has no other street frontage upon which to locate such driveways. If a particular hardship exists (pursuant to Article 19) a variance may be sought. * Page 46 of 186 Sec. 605.4. Principal uses and structures. 605.4.1. Principal uses permitted generally. The following uses shall be permitted generally, except as limited in Section 605.4.4: * * * * 15. Private clubs, lodges, fraternities and sororities. 605.4.2. Principal uses permitted subject to limitation within the district. The following retail and service establishments shall be permitted subject to the criteria and limitations in Section 605.4.4 and as follows: * 605.4.3. Permitted only by Special Permit Exception: The following uses shall be permitted only by Special Permit as specified below subject to the applicable criteria in Section 1305, and as follows: 1. Drive -through facilities for financial institutions, subject to the requirements of Section 931 by Class II Special Permit only. 2. gars, nightclubs, supper clubs and theaters open to the general public by Special Exception only. 3. Parking lots, parking garages, provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways; with surface parking lots by Class II Special Permit further subject to the conditions and criteria set forth in Section 917. 3. Marina©, except that each occupancy occupancy o the lot, Lurking loto, park _ o vehicular acccoo to ouch facilities directly from primary pcdcotrian pathwayo; with surfac of private requiring minimum groaa Page 47 of 186 tiono and criteria set forth 5. Private c1ubo, 1odgco, fratcrnitica and aororitieo. Sec. 605.5. Accessory uses and structures. Uses 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 the applicable criteria in Section 1305 and any other applicable criteria specified in this ordinance, as amended.limitationo establiohed by these Accessory uses that are completely internal to the structure and not visible from any right-of-way shall be allowed. All accessory uses visible from any right-of-way shall be allowed only by Class II Special Permit. Other acccesory uses and II Special Pcrm#t- The exceptions shall apply to all accessory uses and structures in this district: 1. There shall be no vehicular access to parking or loading areas directly from any primary pedestrian pathway where access is reasonably feasible from another street; surface parking lots shall further be subject to the conditions and criteria set forth in Section 917.3.2. 2. Where approved by Permit, outdoor cxhibito, -ocrvicc of food or drinko, or pcdcotrian oriented activitico may in open space, whether or not ouch following special limitations or diop adjacent principal uoc. Arcao, Intermittent, or layo, other oalco, oimilar be conducted facilitico or activitico and required Lunder these zoning regulations, but ohall not be exempted hereby from require-mcntr for other permito. The C1aoo II Special Permit provision for cotrian movement through Page 48 of 186 the arca without unrcaoonablc interruption by ouch fa-eilitico or activity- 2.a, Where approved by general Class II Special Permit, roofed shelters open at the side and for at least forty (40) percent of perimeter of coverage, temporary fabric roofs or windbreaks, exhibit and display stands and cases, community or neighborhood bulletin boards or kiosks, and facilities for outdoor service of food or drinks may be permitted in appropriate locations in urban plazas or other open space. If so approved, such shelters, structures or facilities shall be exempted from limitations generally applying to occupancy of yards or open space, and sheltered areas as indicated and areas for service of food or drinks shall not be included in floor area limited by floor area ratios on the property, or counted in computing offstreet parking requirements, but occupancy by such shelters, structures or facilities shall not exceed twenty- five (25) percent of total open space required in relation to the property. 605.5.1. Sales display and outdoor dining within open, or partially open space. All Sales, display of uses permitted above shall be contained within completely enclosed buildings except as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, subject to a Class II Special Permit upon providing a minimum of one (1) parking space per vending cart and complying fully with the terms set forth in Section 605.10 of this ordinance, 1. Outdoor dining areas; 2. Display and sale of the following items from vending carts: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged foods, not requiring refrigeration or further preparation, subject to applicable state health regulations; and (b) Arts and crafts. Page 49 of 186 However, no Class II Special Permit shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits, displays and sale of items shall be conducted from vending carts subject to the criteria specified in the "Coconut Grove Vending Guides and Standards"; said criteria may be modified by the Zoning Board pursuant to a Special Exception Permit upon finding that the requested modifications are justified due to one (1) or more of the following special conditions: 1. Established pedestrian flow patterns; 2. Existing landscape features; 3. Governmental action which creates a peculiar configuration on the subject property. Sec. 605.8. Minimum yards, setbacks, open space, through block connections, waterfront walkways. 605.8.1. Minimum yards. The following minimum yard dimensions and limitations shall apply. Notwithstanding the provisions of Section 908.3, canopies and awnings may project without limitation into the required yard area adjacent to streets, provided that such projection is entirely supported from the building. Required yards adjacent to streets shall not be used for offstreet parking or loading. 1. Adjacent to Brickell Avenue, all yards shall be thirty (30) feet in minimum depth. Thcrc oha11 be ny yard adjacent to approved by Spccial Brickell Avcnuc Exception. * * cxccpt ac 605.10.3. Special offsite parking regulations. * * * * 4. Parking reductions of up to ten (10) percent may be approved, purouant to a Clap° II Page 50 of 186 Special Permit, for uses and development which are located within six hundred (600) feet of a Metrorail or People Mover station. 5. Parking reductions of up to fifty (50) percent may be approved, pursuant to a Special Exception Permit, for uses and development which incorporate a direct link e a Metrorail or People Mover station into the development. * Sec. 606. SD-6, SD-6.1 Central Commercial Residential Districts. * Sec. 606.3. Class II Special Permit. * 606.3.2. Considerations in making Class II Special Permit Determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of these districts, 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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 with all applicable criteria as set forth in Section 1305. rmit shall be to ensure- conformity of thc application with the expressed intent of these districts, with thc general conoidcrationo construction of cxtcrioo altcrat new principal buildingo or substantial Page 51 of 186 Planning Director may obtain to of the Urban Dcvccnt Rcv' . * Sec. 606.4. Principal uses and structures. 606.4.1. Principal uses permitted at any location; limitations as to location of uses along ground floor frontage of pedestrian streets and urban plazas. The following uses shall be permitted at any location within these districts: 1. Retail establishments as follows: Antique stores, art stores and commercial art galleries; book and stationery stores open to the general public; card and gift shops; china and crockery stores; drugstores; floor covering, paint, and wallpaper stores; florist, including plant and shrub sales; food stores, including bakeries, confectioneries, delicatessens, fruit and vegetable markets, groceries; ice cream stores; general merchandise and furniture stores; gift shops; hardware stores; jewelry stores; leather goods and luggage shops; meat and fish markets; newsstands; nursery, shrub and plant stores; office supply stores; package liquor stores (without drive -through facilities); pet and pet supply stores, photographic supply stores; sporting good and bicycles; television and radio stores; variety and sundry stores; wearing apparel shops; and similar retail establishments. if approvcd by Ciao° II Spccial Pcrmit. Retail establishments may provide incidental repair, maintenance, alteration, or adjustment services as appropriate, but facilities, operation and storage for such services shall not be visible from any street or pedestrian walkway. 2. Service establishments including barber and beauty shops; custom tailoring, dressmaking and millinery shops, except where products are made for off -premises sale; coin - operated laundry and dry cleaning facilities Page 52 of 186 with rated capacity limited to twenty-five (25) pounds per machine, five hundred (500) pounds total for laundry, and ten (10) pounds per machine, forty (40) pounds total for dry cleaning; laundry and dry cleaning establishment with total capacity limited as for coin -operated facilities; duplicating centers including letter and photostating services (work areas for such services shall not be visible from adjacent pedestrian walkways); photographic studio; shoe repair stores; and similar service establishments if approved by Class II Spccial Pcrmit. 606.4.3. Principal uses permitted only by Special Permit Exception. The following uses shall be permitted only by Special Permit as specified below I;xccption in locations other than the ground floor frontage of pedestrian streets and urban plazas, subject to the applicable criteria specified in Section 1305, and as follows: 1. Automobile rental agency, provided that not more than twenty (20) automobiles, or passenger vans holding up to fifteen (15) passengers, be stored in conjunction with such establishment, and that no repair or service facilities, except for gasoline pump, be provided by Class II Special Permit only. 2. Drive -through service facilities for financial institutions, approval by Class II Special Permit only. 3. Local stations (other than bus stops) for mass transit facilities by Special Exception only. 4. Parking facilities for use by the general public; however, surface parking lots, including required parking, excess parking or commercial parking lots, shall be subject to the applicable conditions and criteria set forth in Section 917.3.2, and by Class II Special Permit only. Page 53 of 186 5. Wholcoalc trade mart. 5.6. Post -secondary public or private educational facilities by Class II Special Permit only. * * Sec. 606.5. Accessory uses and structures; limitations; special requirements. Uses 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 the applicable criteria listed in Section 1305 and any other applicable criteria specified in this ordinance, as amended. limitations established by these or generally applicable ations. Accessory uses that are completely internal to the structure and not visible from any right-of-way shall be allowed. All accessory uses visible from any right-of- way shall be allowed only by Class II Special Permit. Other accc000ry uoca and atructurco shall require a Claoo II Special Permit. The following special limitations or exceptions shall apply to all accessory uses and structures in these districts: 1. Driveways providing access to accessory parking lots, structures, offstreet loading, and the like shall not be permitted along Biscayne Boulevard frontage if access from another street is available. Along all other street frontages, vehicular access drives shall not cross primary pedestrian pathways or be from major streets if other access is reasonably feasible. Wherever special curbside dropoff lanes are requested by private development, minimum yards and setbacks shall be adjusted to provide the same amount of pedestrian walkway area. Section C06.8.1, whether or not ouch activitica principal uic. -rcao, activities, and facilitico Page 54 of 186 used for regular, intermittent, or temporary opecial evcnto without further permitting whi required under- thcoc zoning rcgulationo. The C1aaa II special Permit ohall opccify location, design, improvement, provision for maintenance and management, and provision for free pcdcotrian movement through the arca without unreaoonable interruption by ouch facilitico or activities. 606.5.1. Sales display and outdoor dining within open, or partially open space. All Sales, display of uses permitted above shall be contained within completely enclosed buildings except as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, subject to a Class II Special Permit upon providing a minimum of one (1) parking space per vending cart and complying fully with the terms set forth in Section 605.10 of this ordinance, 1. Outdoor dining areas; 2. Display and sale of the following items from vending carts: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged foods, not requiring refrigeration or further preparation, subject to applicable state health regulations; and (b) Arts and crafts. However, no Class II Special Permit shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits, displays and sale of items shall be conducted from vending carts subject to the criteria specified in the "Coconut Grove Vending Guides and Standards"; said criteria may be modified by the Zoning Board pursuant to a Special Exception Permit upon finding that the requested modifications are justified due to one (1) or more of the following special conditions: 1. Established pedestrian flow patterns; Page 55 of 186 2. Existing landscape features; 3. Governmental action which creates a peculiar configuration on the subject property. 606.5.4.2 Temporary special events. Temporary special events involving gatherings at opening ceremonies, special promotions, amusement activities, and the like, to the extent not otherwise licensed, controlled, or regulated under other City regulations, shall be permitted only by Class I Special Permit. Sec. 607. SD-7 Central Brickell Rapid Transit Commercial - Residential District. * * * * 607.3.2. Considerations in making Class II 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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 with the applicable criteria as set forth in Section 1305. enourc conformity of tic ap intent of thia diotrict, with the general consideration° liotcd below. In making dctcrminationa concerning Page 56 of 186 conotruction of ncw principal building° extcroting principal Planning Director may obtain thc advice and of thc Urban Development Review Board. or oubotantial building°, the recommendation 607.4.3. Principal uses permitted only by Special Permit Exception. The following uses shall be permitted subject to the applicable criteria in Section 1305 only by Special Permit as specified below Exception in locations other than the ground floor frontage of pedestrian streets: 1. Automotive service stations only by Special Exception. 2. Drive -through financial approval. facilities for institutions, with City Commiooion only by Class II Special Permit. 3. Parking lots, parking garages, provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways. Surface parking lots, including required parking, excess parking or commercial parking lots, shall be subject to the conditions and criteria set forth in Section 917.3.2, only by Class II Special Permit. 1. Marina°, except that each occupancy of private plcaourc craft ao a dwelling unit in permitted provided that ohall be conotrucd ao single family occupancy of thc lot, groos arca of three hundred fifty (350) oquarc feet. -5 4. Drive -through restaurants provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways only by Class II Special Permit. 6 -5. Express delivery services provided that there shall be no vehicular access to such facilities directly from primary pedestrian pathways and that there is a minimum gross lot area of thirty thousand (30,000) square Page 57 of 186 feet, only by Special Exception. 4-6. Printing only by Class II Special Permit. Sec. 607.5. Accessory uses and structures. Uses 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 the applicable criteria listed in Section 1305 and any other applicable criteria specified in this ordinance, as amended. regulations. Accessory uses that are completely internal to the structure and not visible from any right-of-way shall be allowed. All accessory uses visiblefrom any right-of-way shall be allowed only by Class II. Special Permit. Glass II Special Perm. The following special limitations or exceptions shall apply to all accessory uses and structures in this district: 1. No aboveground offstreet parking or loading area shall be permitted between any front portion of a building and the front line of a lot adjoining any street; provided, however, that offstreet parking for bicycles may be permitted in such areas, subject to limitations and requirements as to location, design and number established in connection with special permits. 2. There shall be no vehicular access to parking or loading areas directly from any primary pedestrian pathway where access is reasonably feasible from another street. * * * * 607.10.2. Special offstreet parking requirements; offsite parking; limitations. * * * * 5. Parking reductions of up to ten (10) percent may be approved, pursuant t Special Permit, for uses and development Page 58 of 186 which are located within six hundred (600) feet of a Metrorail or People Mover station. 6. Parking reductions of up to fifty (50) percent may be approved, pursuant to a Special Exception Permit, for uses and development which incorporate a direct link e a Metrorail or People Mover station into the development. * * Sec. 608. SD-8 Miami Design District. Sec. 608.3. Class II Special Permit. * 608.3.2. Considerations in making Class II 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. * cnourc hall be to conformity of thc application with tho cxprcoocd intent of thio district, with the general 3-05, and with thc rationo liatcd below. Sec. 608.4. Permitted Principal uses and structures. 608.4.1. Permitted generally. As for C-1 except that and subject to the applicable criteria in Section 1305, and in addition: 1. Multiple dwellings and residence hotels shall be permitted only by Class II Special Permit in a mixed use building where the commercial uses occupy a minimum of sixty- five (65) percent of the ground floor street frontage, and a minimum of thirty (30) Page 59 of 186 percent of the total area of the ground floor of the subject building; said thirty (30) percent of ground floor commercial uses shall be located along the street frontage of the building to comply with the sixty- five (65) percentage requirement herein. 2. Cutting, polish4ng and finishing of marble, granite and other natural stones for counter and table tops, subject to a Clasp I Special Permit to restrict otora-c materials to thc marble, granite or stone actually used in thc manufacture of thc counter or table tops and subject to the- complete eno4 oeurc of storage visible from a public street or adjacent to a ree-ieential y • see i solid textured wall (a maximum of cight (8) fcct in height); all work shall bc conducted within an entirely enclosed building, shall bc subject to compliance with all City noise ordinances, and shall be subject to thc installation of filters to eliminate air pollution. 2. Outdoor photographic stage sets, as defined in Section 2502, shall be permitted by Class II Special Permit only. And in addition, the following uses shall be permitted as follows: 9. Cutting, polishing and finishing of marble, granite and other natural stones for counter and table tops. Storage of materials shall be restricted to the marble, granite or stone actually used in the manufacture of the counter or table tops and subject to the complete enclosure of storage visible from a public street or adjacent to a residentially used lot by a solid textured wall with a minimum height of six (6) feet and a maximum of height of eight (8) feet. All work shall be conducted within an entirely enclosed building, shall be subject to compliance with all City noise ordinances, and shall be subject to the installation of filters to eliminate air pollution. Page 60 of 186 * Sec. 608.10. Minimum offstreet parking. * * * * 3. For individual restaurants which do not exceed eighteen hundred (1800) square feet of floor area, there shall be a minimum of one (1) parking space per two hundred (200) square feet of gross floor area, subject to a Clacs I Special Pcrmit, examination of the ownership or lease, and referral to the offstreet parking department_ and - nnual review. 4. For residential uses that are adaptive re- uses of existing structures only, built prior to 1985, required parking shall may be eliminated in its entirety_ by Claaa II Special Pcrmit. * * * * Sec. 609. SD-9 Biscayne Boulevard North Overlay District. Sec. 609.3. Class II Special Permit. * * * * 609.3.2. Considerations in making Class II 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 and Zoning Department shall obtain the recommendation of the Urban Development Review Board. 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 with all applicable criteria as Page 61 of 186 set forth in Section 1305. The purpose of thc Claso II Special Permit shall be to ensure conformity of the application with tho eecprcaacd intent of this dYet, with thc general considerations listed in Dection 1395, and with tho stcd below. In making detcTminatiens conccrxi p ei-perms buildings or substantial cxtcrior alterations of existing principal buildings, the department shall obtain tic of thc Urban Development Review Board. * Sec. 609.5. Conditional principal uses. Same as for the underlying district subject to the applicable criteria in Section 1305 and with the limitations contained in Section 609.4; and in addition, for the C-1 district only: 1. Commercial parking lots only by Class II Special Permit Special Exception, and only when designed to diminish the visual appearance of cars from Biscayne Boulevard. Sec. 609.7. Conditional Accessory Uses. Same as the underlying district subject to the applicable criteria in Section 1305 and with the limitations contained in Section 609.4; and in addition, for the C-1 district only: * * 2. Sales display and outdoor dining within open, or partially open space. All Sales, display of uses permitted herein above shall be contained within completely enclosed buildings except as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, subject to a Class II Special Permit upon providing a minimum of one (1) parking space per vending cart and complying fully with the terms set forth in Section 605.10 of this ordinance: Page 62 of 186