HomeMy WebLinkAboutLegislation 21. 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;
2. Existing landscape features;
3. Governmental action which creates a peculiar
configuration on the subject property.
*
*
Sec. 610. SD-10 Jackson Memorial Hospital Medical Center
Overlay District.
*
610.3.2.General considerations in making Class II
Special Permit determinations.
Class II Special Permit determinations in this
class of cases shall be made based on the Jackson
Memorial Hospital Medical Center Master Plan.
Effective September 4, 1990, the Medical Center shall
continuously maintain a master plan designating: the
location and number of all present and future parking
spaces, together with the location and floor area of
all present and proposed buildings, the location and
number of access drives to public streets, internal
Page 63 of 186
and merging traffic and circulation, the painted or
curbed separation of vehicular and pedestrian traffic,
and the arrangement and circulation of parking areas,
on file with the Planning and Zoning Department.
Materials to be submitted with applications for Class
II Special Permits shall include such site plans,
landscaping plans, building elevations, surveys, and
such reports and surveys as (a) hourly/daily parking
utilization throughout the district; (b) direction of
approach; (c) vehicle occupancy; (d) ridership
surveys; (e) shuttle bus/taxi utilization; and (f)
Metrorail/Metrobus utilization which may be required
to make determinations in the particular case as to
conformity with the standards established below.
The purpose of the Class II Special Permit shall
also be to ensure conformity of the application 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.
Sec. 611. SD-11 Coconut Grove Rapid Transit District.
Sec. 611.3. Class II Special Permits.
611.3.2. 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
Page 64 of 186
criteria listed in Section 1305 and any other
applicable criteria specified in this ordinance, as
amended.
The purpoac of thc Claoo II Special Permit ohall
be to cnourc conformity -o-f the application with the
cxprcaocd intent of thin district, with thc general
conoidcrationo liatcd in Ccction 1305, and with thc
special consideratieneed below
Sec. 611.4. Permitted Pprincipal uses and structures.
Permitted principal uses and structures shall be as
for C-1.
611.4.1. Permitted only by Special Exception Permit.
The following uses shall be permitted only by
special permit and subject to the applicable criteria
in Section 1305.
1. Drive-in facilities for financial
institutions (see Section 931) By Class II
Special Permit only.
2. Fraternities-, 1-od .ee,
u
2.-3— Private clubs by Special Exception only.
3.4-- Gasoline stations by Class II Special Permit
only.
4.--- Parking garages, or parking lots to serve
existing structures by Class II Special Permit
only.
SD-12 Special Buffer Overlay Districts.
*
* *
*
Conditional Principal Uses:
Those of the underlying district subject to the
applicable conditions listed in Section 1305 and any other
applicable criteria specified in this ordinance, as
amended.
Conditional Accessory Uses:
Page 65 of 186
Those of the underlying district and, in addition,
surface parking to serve the abutting district by Special
Exception only with City Commission approval, subject to
the applicable criteria in Section 1305, the applicable
requirements of Article 22 and elsewhere.
* * *
Sec. 613. SD-13 Southwest 27th Avenue Gateway District.
Sec. 613.3. Class II Special Permit.
613.3.1. When required.
A Class II Special Permit shall be required prior
to approval of any permit (except special permits
pursuant to Article 13) affecting the height, bulk,
location or exterior configuration of any existing
building; or for the erection of any new building; or
for the location, relocation or alteration of any
structure, parking area or vehicular way visible from
a public street. Except as otherwise indicated, a
Class II Special Permit shall be required for the
landscaping plan with final approval by the City
Commission. When a Class II Special Permit requires
City Commission review and approval, the Planning and
Zoning Director shall serve in an advisory capacity to
the City Commission.
* *
613.3.2. 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 in Section 1305 and any other applicable
criteria specified in this ordinance, as amended.
be to encurc conformity of thc application with thc
cxprcoocd intent of thio diotrict, with thc general
opccial conoidcrationo liotcd below
*
*
*
*
Page 66 of 186
Sec. 614. SD-14, 14.1: Latin Quarter Commercial -
Residential and Residential Districts.
Sec. 614.2. Special Permits.
614.2.3. Considerations in making Class II Special
Permit and Ccrtific tc of Compliance 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 Latin
Quarter Design Guidelines and Standards, with the
applicable criteria 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 (UDRB). 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 determines that the proposal is in
compliance with the applicable criteria as set forth
in Section 1305 and the Latin Quarter Design
Guidelines and Standards.
The purpooc of the Claoo II Special Permit and
Latin Quarter Ccrtifigatc of Compliance shall be to
cnourc conformity of thc application with thc
cxpresocd intent of these diotricto, with the general
eenoidcrationo noted in Sccti-on 1305, and ;f'hThe
Latin Quarter Dcoign Guideline° and Standardo" and any
other appli able City of Miami dcoign otandardo and
guideline°. In making a determination on Clapo II
Special Pcrmito, thc Planning Director a-1-1--
the advice and rccommcndationo of thc Latin Quarter
Review Board (LORD).
C14.2.4. Latin Quarter Rcvicw Board (LQRB) review
procccc.
614.2.1.1. Rcvicw. In addition to thc rcquircmcnto in
Page 67 of 186
Ccctioii 130-4, the appli ant shall oubmit three
(3) complete octo of architectural drawingo
containing landocapc plan, intended location of
building and buoineoo aigno, and property tree
ourvcy, when applicable, to the Planning,
building and zoning department five (5) working
dayo before the ochcdulcd day e —the Latin
Quarter Rcvicw Board meeting.
Rcvicw Board (LQRB) oha1I be as prcccribcd in
Article 20.
Sec. 614.3. Commercial -residential district (SD-14).
*
614.3.1.1. Special rules concerning extent and location
of certain uses on ground floor frontage of pedestrian -
oriented streets (SD-14).
1. On corner lots adjoining pedestrian -oriented
streets on two (2) building frontages,
limitations as to the uses permitted on
ground floor frontage shall apply to both
building frontages on such lots.
2. Where the frontage of a lot on a pedestrian -
oriented street is occupied at the ground
floor level by uses permitted under Section
614.3.1 for at least seventy (70) percent of
the lot width and upon finding by the
Planning and zoning Director that such a
reduction is necessary in order to comply
with the intent of the district or other
applicable requirements, the remaining
frontage may be occupied as entrances inside
or outside buildings to uses above or behind
those on the ground floor frontage, or as
driveways or walkways providing access to
uses or parking or service areas behind the
pedestrian -oriented frontage. This
percentage may be reduced only by Class II
Special Permit.
* *
614.3.3. Conditional principal uses.
Conditional principal uses shall be by Special Permit
only and subject to the applicable criteria in
Page 68 of 186
Section 1305 and any other applicable criteria
specified in this ordinance.
*
614.3.4. Conditional accessory uses.
Conditional accessory 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.
* * * *
Sec. 615. SD-15 River Quadrant Mixed -Use District.
* * *
Sec. 615.2. Class II Special Permit.
* * * *
615.3.2. 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 (UDRB). 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 determines that the proposal is in
compliance with the applicable criteria as set forth
in Section 1305.
The purpose of thc Clapp II Special Permit shall
be to cnau-rc conformity ef thc application with the
expressed intent of these diotrictc, with the general
conaidcrati-one lio-cd in t±e ms, a d w-itmae
pccial eonsidcrations noted below. In making
dctcrminationo concerning construction of now
Page 69 of 186
alto Lions of existing principal buildings, thc
Planning Dircctor shall obtain thc adviar and
(UDRB). In thc event that thc UDRB- fails to meet
within thirty (30) days or fails to make a
recommendation to thc Planning Dircctor within sixty
�r —a- t-or p1crno have ,boon pub itte'd for review,
the requirement for UDRB rcjicw may be waived.
*
615.3.2.
Exception. Conditional principal uses.
Conditional principal uses shall be allowed only
by Special Permit only and subject to the applicable
criteria in Section 1305 and any other applicable
criteria specified in this ordinance, as amended.
Specifically:
1. Automotive service stations only by Special
Exception.
2. Drive -through facilities, with City
Commission approval subject to obtaining a
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 subject to obtaining a Class II
Special Permit.
4. Private clubs, lodges, fraternities,
sororities only by Special Exception.
5. Auditoriums; concert halls; convention
centers and exhibition halls only by Special
Exception.
*
Sec. 615.4. 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 limitationo
established by e e tat ono
the applicable criteria in listed Section 1305 and any
Page 70 of 186
other applicable criteria specified in this ordinance, as
amended. 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
accessory uses and structures shall require a Claps II
Cpccial Permit. The following special limitations or
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.
615.7.3. Offstreet loading requirements.
3. By Claps I Cpccial Permit, o 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
thc needs of the individual project.
*
*
Sec. 616. SD-16, 16.1, 16.2 Southeast Overtown-Park West
Commercial -Residential Districts.
*
Sec. 616.3. Class II Special Permit.
616.3.2. 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 "Design
Guides and Standards for Southeast Overtown/Park West
Redevelopment Project," with the criteria listed in
Section 1305, and any other applicable criteria
specified in this ordinance, as amended.
be to ensure conformity of thc applicyation with the
Page 71 of 186
ecoocd intcn
Dcoicgn
Cuidco
and Standard°
for
the opccial conoidcrationo listed below.
*
*
h the general
the
-mot. and with
616.4.2. SD-16, 16.1, 16.2 conditional principal uses
and structures.
Conditional principal uses and structures
subject to the applicable criteria in Section 1305 and
any other applicable criteria specified in this
ordinance, as amended.
The following uses shall be permitted by Class II
Special Permit only:
*
4. Drive through facilities for restaurants and
financial institutions.
The following uses shall be permitted only by
Special Exception:
1. Automotive service stations.
2. Drive through facilities for financial
institutiono,-with City Commission approval.
3. Drive through rcotauranto, by Special
Exception only.
4— 2. Sports arenas and exhibition halls la
Special Exception with City Commission
approval.
r3. Repair service establishments including
appliance and office equipment, but not
repair garages, repair of heavy equipment or
paint and body shops.
Sec. 616.5. SD-16, 16.1, 16.2 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
Page 72 of 186
permit, shall be permitted subject to limitations
established by these or generally applicable regulations.
II Special Permit. The following special limitations or
exceptions shall apply to accessory uses and structures in
this district:
Sec. 617. SD-17 South Bayshore Drive Overlay District.
617.3.2. Considerations in making Class II Special
Permits determinations.
The purpose of the Class II Special Permit shall
be to ensure conformity of the application as submitted
(or with such conditions and safeguards as may
reasonably be attached to assure conformity) with the
intent of this district, with the gcncral
conoidcrationo liotcd in -Ccction 1305, and with the
applicable criteria listed in Section 1305 and any
other applicable criteria specified in this ordinance,
as amended and, with the special considerations listed
below. 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 (UDRB). 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 determines that the proposal is in
compliance with the applicable criteria as set forth
in Section 1305.
*
Sec. 620. SD-20 Edgewater Overlay District.
*
*
G20.2.6.
dcnoity rcoidcntial projccto.
ithin high
In additi-on to the---Qcceesory eonvcn�.cncc uac
Page 73 of 186
public,
offices,
excluding financial inotitutiono, medical
dental offices, medical laboratoric-a, dental
zico, and
R 1 high dcnoity residential districts pursuant to a
Claoo II Special Permit. Due to thc higher volume of
traffic which may bc generated by ouch ground floor
Street.
In addition to thc criteria opccificd in Ccction
1305 of thio ordinance, all Clam] II Cpecial Permit° to
allow office uoco on the ground floor of high dcnoity
rcoidcntial projects within thio district shall also bc
reviewed for potential advcroc effects ao a rcoult of
thc following considerations:
(a)
(b) Proposed hours of operation; and
Percentage of ground floor to be used for
ouch activitico;
interior opacca including effect of such
.------
mandatory notice to a-11 rcoidcnts and unit owncro within
thc building in question a❑ well ao to all adjacent
percy
*
*
620.3.2 Considerations in making Gass 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 criteria
listed in Section 1305 and any other applicable
criteria specified in this ordinance, as amended; and
with the intent that development activity along the
Biscayne Boulevard corridor is consistent with the
intent of the City that Biscayne Boulevard serve as a
gateway into the City of Miami. In making
determinations concerning construction of new
buildings or substantial exterior
of existing principal buildings, the
the Planning and Zoning Department shall
recommendation of the Urban Development
principal
alterations
Director of
obtain the
Review Board (UDRB).
In the event that the UDRB fails
Page 74 of 186
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
determines that the proposal is in compliance with the
applicable criteria as set forth in Section 1305.
The purpose of thc Clapp II Bpccial Pcr_mitr° to
enourc conformity of thc application with thc cxprc°ocd
intcnt of this district, with the general
con°idcrations listed in Scction 1305, and with thc
intcnt that dcvclopmcnt activity along the Biscayne
Doulcvard corridor is conoiotcnt with thc intcnt of thc
City that Biscaync Boulevard scrvc ac a gateway into
thc City of Miami.
In making dctcrminations concerning con°truction
of new principal buildings or oubotantial -exterior
altcrationo of existing principal building°, the
Director of thc Planning and Zoning Department ohall
obtain thc recommendation of thc -Urban Dcvclopmcnt
Rcvicw Board and conoidcr app-licablc City of Miami
dcoign otandardo and guidelines.
* * *
3. Ccrtificatca of compliancc in lieu of Claoo II
Bpccial Pcrmit arc hereby inotitutcd in an cffort
to facilitate permitting proccdurco for propooale
why -chi fully comply with thc opccial do-°-ign
standards and guidclinco contained herein,
created to promotc an cicvatcd quality of dcoign
and an cnhanccd gcncral appearance in the
diotrie-t-
1. Ccrtificatco of compliancc in licu of Clao° II
Bpccial Pcrmit shall bo_ obtained purouant to
thooc proccdurco act forth undcr Scction 1-E13 of
thio ordinance, ao amended.
* * * *
Sec. 622. SD-22 Florida Avenue Special District.
* * * *
Sec. 622.3. Class II Special Permit.
Page 75 of 186
622.3.2. Considerations in making Class T:t 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 criteria
listed in Section 1305, with the "Florida Avenue
Design Standards and Guidelines," 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 (UDRB). 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 determines that the proposal is in
compliance with the applicable criteria as set forth
in Section 1305 and with the "Florida Avenue Design
Standards and Guidelines."
For purposes of design review land use
classification, if a proposed project consists of
mixed uses, the design review criteria listed in
Section 1305.2 shall be as for the "Office"
classification; however, if the proposed project
consists solely of residential uses, the design review
criteria listed in Section 1305.2 shall be as for the
"Low Density Residential" classification.
z e —e - Special - -rmit shall
be to ensure conformity in the implementation of the
special district with the intent outlined above, with
thc general cons era-tion-s listed in Ccction 130-5, and
In making determinations concerning construction
alteration
of existing principal buildings,
the
Ymend;-�1 thc Urban Development Review Board
(UDRB). In the event that thc UDR fails to meet
within thirty (30) days or fails to make a
Page 76 of 186
recommendation to thc Planning Director within oixty
(60) dayo after piano have been oubmittcd for rcvicw,
thc requirement for UDRD rcvicw may be waived.
Devel-epmcn °; th n- }he Florida Avenue Epeeial District
shall be in accord with the "Florida Avenue Dccign
Standards and Cuidclinco."
Sec. 623. SD-23 Coral Way Special Overlay District.
* * * *
623.3.2. 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 criteria
listed in Section 1305, with the special
considerations listed below, 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 (UDRB). 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
determines that the proposal is in compliance with the
applicable criteria as set forth in Section 1305.
The purpose of the C1-aoa II Special Permit shall
cxprcased intent of this district, with thc general
conoidcrationo listed in ion 130 , and with the
opccial considerations listed below. In making
determinations concerning construction of new
principal buildingo or oubotantial exterior
alterations of cxioting principal buildings, the
Director of thc Planning, building and zoning
department may obtain thc rccommcndation of thc Urban
Development Review Board and consider applicable City
e --Mir- gr ot-.,,a.,rds .,nd guidoiincs.
Page 77 of 186
Sec. 623.5. Conditional principal uses.
Conditional principal uses shall be subject to the
applicable criteria in Section 1305 and any other
applicable criteria specified in this ordinance, as
amended.
Same as for the underlying district with the
limitations contained in Section 623.4, and in addition,
for the C-1 district only:
1. Convalescent homes, nursing homes, institutions
for the aged or infirmed, foster homes, group
homes and orphanages by Class II Special Permit,
and only where the ground floor frontage along
Coral Way is designed with an active, pedestrian
oriented space that does not diminish pedestrian
activity, including lobbies.
2. Commercial parking lots
Permit Sperm
to diminish
Coral Way.
the visual
only by Class II Special
and only when designed
appearance of cars from
3. New automobile sales, by Special Exception only,
and only when located within a completely
enclosed showroom structure fronting along Coral
Way.
* * * *
623.7. Conditional accessory uses.
Conditional accessory uses shall be subject to the
applicable criteria in Section 1305 and any other
applicable criteria specified in this ordinance, as
amended.
3. 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:
Page 78 of 186
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;
2. Existing landscape features;
3. Governmental action which creates a peculiar
configuration on the subject property.
*
Sec. 625. SD-25 Southwest 8th Street Special Overlay
District.
* * * *
625.3.2 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 criteria
listed in Section 1305, with the special
considerations listed below, 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
Page 79 of 186
Director of the Planning and Zoning Department shall
obtain the recommendation of the Urban Development
Review Board (UDRB) . 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
determines that the proposal is in compliance with the
applicable criteria as set forth in Section 1305.
The—purpooc of thc Claao II Spccial Permit io to
cnourc conformity of thc application with the
cxprcoocd intent of this district, faith thc general
considcrationo liotcd in Section 130S, and with the
special conaiderationo noted below.
of new principal buildingo or oubstantial exterior
alterations of cxioting- principal buildingo, the
Dircctor of thc Planning and Zoning Dcpartmcnt ohall
obtain the recommendation of thc Urban Development
llcv±o ' Po ' a aaiv`��consi—app11e-ab1c C o --rM -az;r
*
Sec. 625.5. Conditional principal uses.
Conditional principal uses shall be subject
to the applicable criteria in Section 1305 and any
other applicable criteria specified in this ordinance,
as amended.
Same as for the underlying district with the
limitations contained in Section 625.4, and in
addition, for the C-1 district only:
1. Convalescent homes, nursing homes,
institutions for the aged or infirm, foster
homes, group homes and orphanages by Class
II Special Permit, and only where the ground
floor frontage along Southwest 8th Street is
designed with an active, pedestrian oriented
space that does not diminish pedestrian
activity, including lobbies.
2. Commercial parking lots only by Class II
Special Permit Special Exception, and only
when designed to diminish the visual
appearance of cars from Southwest 8th Street.
Page 80 of 186
3. New automobile sales, by Special Exception
only, and only when located within a
completely enclosed showroom structure
fronting along Southwest 8th Street.
*
*
*
Sec. 625.7. Conditional accessory uses.
Conditional accessory uses shall be subject to
the applicable criteria in Section 1305 and any other
applicable criteria specified in this ordinance, as
amended.
* * * *
1. Used automobile sales and vehicle rental,
only as accessory uses to new automobile dealerships
within enclosed structures, and only when located on
the site in a location other than the ground floor
frontage of S.W. 8th Street.
2. 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,
roduce, citrus or other un acka ed
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
Page 81 of 186
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.
*
*
* *
ARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS*
Sec. 700. Intent.
Chapter 23 23.1, Historic Preservation, of the Miami
City Code has the intent of preserving and protecting the
heritage of the City of Miami through the restoration,
rehabilitation and adaptive use of Miami's historic and
architectural resources. It is the intent of this Article
to further promote the adaptive use of historic sites and
historic districts by relaxing certain otherwise applicable
zoning regulations if the standards, procedures and
conditions set forth in this Article are met.
Sec. 701. Application of district.
No application for an HP overlay district shall be
accepted unless the historic site or historic district has
been designated pursuant to Section 23 23.1 4 of the Miami
City Code. Furthermore, HP overlay districts shall be
applied only to said designated historic sites and historic
districts which shall require a conditional use or
deviation, as defined in Section 704.1 below, to cncouragc
e —assure their preservation.
HP overlay districts may hereafter be established
pursuant to the provisions of Article 22, Amendments,
except that all applications for amendments shall be
submitted to the historic and environmental preservation
board, as established pursuant to Section 62 62 70 of the
Page 82 of 186
Miami City Code, for review and recommendation prior to any
public hearing on such application by the Planning Advisory
Board or Zoning Board. Applications for amendments to
existing HP overlay districts shall be processed likewise.
Applications for HP overlay districts shall be exempt from
the size limit requirement on the rezoning of property as
established in Section 2214.1.
Sec. 703. Historic and environmental preservation board;
preservation officer.
The Historic and Environmental Preservation Board
(referred to as the "Board") and the preservation officer
as established pursuant to Section 62 Bcctions G2 70 and
62 75 of the Miami City Code shall carry out the duties as
assigned by this Article.
Sec. 704. Conditional uses and deviations.
Conditional uses and deviations subject to the applicable
criteria in Section 704.3 and any other applicable criteria
specified in this ordinance, as amended.
704.1. Types of conditional uses and deviations
permissible.
704.1.1. Conditional uses. Professional offices,
tourist and guest homes, museums, and private
clubs or lodges may be permissible as conditional
uses. Such uses shall be permissible only within
existing structures that contribute to the
historic character of the historic site or
district, as identified in the designation report
prepared pursuant to Section 23 23.1 1(fl)(2) of
Code of the City of Miami; and shall not be
permissible in any case where the structure(s) of
principal historic significance has (have) been
destroyed or damaged beyond repair, unless such
structure(s) is (are) reconstructed in accordance
with a certificate of appropriateness approved by
the board pursuant to the provisions of Section
23 23 5 of the Code of the City of Miami. For the
purpose of this Section, reconstruction shall be
defined as the act or process of reproducing by
new construction the exact form and detail of a
vanished structure as it appeared at a specific
Page 83 of 186
period of time. Any use authorized pursuant to
this Section shall comply with all regulations
applicable to the same or similar use in the most
restrictive zoning classification permitting such
use, to the extent such regulations have not been
modified pursuant to this Section.
704.1.2. Deviations concerning historic structures.
The board may vary the provisions of Article 11,
Nonconformities, to the extent indicated. Any
structure that contributes to the historic
character of a historic site or historic
district, as identified in the aforementioned
designation report, shall be permitted to be
repaired, restored, structurally altered, or
reconstructed, notwithstanding any conflicts with
provisions of the underlying zoning district
pertaining to minimum lot size, setbacks, minimum
lot width, maximum height, building footprint,
green space, offstreet parking or loading
requirements. New structures or additions to
existing structures may also be authorized by the
board when necessary to assure cncouragc the
preservation of historic sites and historic
districts. Historic signs shall be permitted to
remain and to be repaired, restored, structurally
altered, or reconstructed.
* * * *
704.2. Procedures for granting conditional uses and
deviations.
704.2.1. Application for a special certificate of
appropriateness. An application for a special
certificate of appropriateness shall be submitted
pursuant to the provisions of Section 23 23.1 5
of the Miami City Code. In addition, the
application shall contain a written statement
justifying the requested conditional use or
deviation and providing evidence that the
conditional use or deviation is necessary to
cncouragc or assure the continued preservation of
the designated historic structure.
704.2.2. Notice and hearings, generally. The Board
shall hold a public hearing with notice as set
forth in Section 62 C2 55 (1 th eugh 4) of the
Miami City Code.
Page 84 of 186
*
*
*
Exception with City Commiooion approval Qhall
aloo be required for private clubo or lodge°.
;Said Epccial Exception shall not bc conaidcred by
704.3. Standards.
In addition to guidelines and standards for
issuing certificates of appropriateness as set forth in
Section 23 (c) 23.1 5(C) of the Miami City Code, the
Board shall determine that the following standards have
been met before reaching a decision to grant a special
certificate of appropriateness:
1. The conditional use or deviation shall provide a
public benefit and shall be the minimum necessary
to encourage or assure the continued preservation
of the historic structure; and
2. The conditional use or deviation shall be in
harmony with the general intent and purpose, of
this Article and the applicable criteria as
specified in Section 1305 aha11 not bc injurious
thc public welfare, and
3. The project shall be designed and sited in 'a
mizes thc im•act on thc
lighting,
and
4 3. For private clubs or lodges, the minimum lot
size shall be fifteen thousand (15,000) square
feet. For private clubs, hours of operation shall
not extend beyond eleven o'clock (11:00) p.m.
704.4. Conditions and safeguards.
*
704.4.2. Requirements for substantial rehabilitation.
As a condition of granting a conditional use or
substantial deviation, as determined by the board
at the time of granting the special certificate
noise,
or potential advcroc impacts;
Page 85 of 186
of appropriateness, the Board may require that
the structure(s) for which the conditional use or
deviation is (are) requested be substantially
rehabilitated in accordance with the Eouth
Florida Building Code, the National Fire
Prevention Code, the U.S. Secretary of the
Interior's "Standards for Rehabilitation," and
any other applicable codes and regulations.
* * *
701.4.4. I2cquircrncnto conccrni
whcrc a property owner through his prior
application has been granted a conditional uoc or
aubatantial deviation, as determined by the board.
at thc time of granting thc special ccrtificatc
of appropriateness, the board shall have thc
authority to dcny a ccrtificatc of
appropriatencoo for demolition of thc subject
historic structurc(o) under thc provioiono of
Section 23.1 5(C)(2)(a) of the Miami City Code.
Sec. 705. Appeals.
Appeals of any decision of the Board shall follow the
same procedures as set forth in Section 23 23.1 5(B) (4) (c)
of the Miami City Code.
ARTICLE 8. NCD Neighborhood Conservation Districts GENERAL
PROVISIONS
Sec. 800. Intent.
A Neighborhood Conservation District (NCD) is a
protective land use element that outlines a criteria and
mechanism to implement when called for. It is an umbrella
land use designation overlay that will allow for the
tailoring of a master plan and/or design guidelines for any
specifically defined area that meets the criteria listed in
Section 800.3. Qualifications.
The master plan and/or design guidelines can include
additional overlay zoning, site, architectural and
landscape guidelines, conservation and preservation
strategies, community development strategies, as well as
incentive programs.
Page 86 of 186
Thc COC
permit.
A Neighborhood Conservation District designation
accomplishes its purpose by establishing a master plan
and/or design guidelines to provide for a land -use or
zoning tool to preserve neighborhood character and promote
compatible development by regulating new construction,
major alterations/additions to existing buildings.
It is further intended that such districts and the
regulations adopted for them shall be in accord with, and
promote the policies set out in, the Miami Comprehensive
Neighborhood Plan and other officially adopted plans in
accordance therewith.
800.4.4. Requirements concerning special approvals.
The regulations may require special review of
development plans by the Department of Planning and
Zoning, City boards, the City Commission, or other
officials or agencies of the City. In specified
classes of development where the Director of Planning
and zoning is required to obtain the advice and
recommendations of the Urban Development Review Board
or the Historic and Environmental Preservation Board
or Latin Quartcr Rcvicw Boa d in connection with Class
II Special Permit approval, if either fail to act due
to lack of quorum within the specified time
limitations for Class II Special Permit review, the
Director of Planning and zoning may proceed without
such advice and recommendations. Where special
approval or special permit is required, no building
permit or certificate of occupancy or use shall be
issued until after written approval, or for
development other than that in accord with approved
plans and instruments involved.
* * * *
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
*
903.1. Rules concerning projects crossing district
boundaries or streets; requirements and limitations.
Where a project is designed as a single site and
Page 87 of 186
it occupies lands divided by district boundaries, the
entire site may be developed under the conditions of
the less intense district, by Claoa i Epccial Permit
only. A Class II Special Permit is required where a
project is designed as a single site and it occupies
lots divided by a street or alley.
Sec. 906. Accessory uses and structures.
906.5. Home occupations.
Where home occupations are allowed, the following
criteria, limitations and requirements shall apply:
* *
906.6. Permanent active recreation facilities as
accessory uses in residential districts; special
permits.
Permanent outdoor swimming pools, permanent
whirlpools (and similar facilities), permanent tennis
courts, and similar active recreation facilities
accessory to principal uses shall be permitted
generally when located within rear yards; however, if
such pool is proposed to be located within a front or
side yard, it shall require a Claaa I Class II Special
Permit. with mandatory notification to abutting
In connection
1305 shall
issuance.
with the
constitute the
906.7. Convenience
residential or office uses, criteria.
It is the intent of this Section that convenience
establishments, accessory to residential or office
uses, are primarily intended for the use of occupants
of the principal use and their guests. In R-3, R-4, 0
and G/I districts, convenience establishments shall be
permitted as accessory to residential or office uses,
subject to the following requirements and limitations:
906.7.1. Minimum number of dwelling or lodging
units; minimum gross floor area for office
building. Accessory convenience
special permit, Section
standard and criteria for
establishments
as
accessory to
Page 88 of 186
establishments shall be permitted only in
connection with principal residential uses
having at least fifty (60) lodging units or
one hundred (100) dwelling units, or in
connection with office uses having a minimum
of twenty thousand (20,000) square feet of
gross floor area (exclusive of area to'be
included in such convenience
establishments).
906.7.3. Accessory convenience establishment;
uses permitted. The following convenience
establishment uses shall be permitted in
connection with the principal uses
indicated. In the case of hotels, apartment
hotels, and residence hotels involving
mixtures of uses, bars and restaurants shall
be permitted only if lodging units make up
eighty (80) percent or more of the required
minimum points (as computed at 906.7.1.1).
Accessory Convenience Uses
Apothecary
Accessory banking service
Bar
Barbershop
Beauty shop
Laundry or dry cleaning agency
Newsstand
Quick copy service
Restaurant
Sundry shop (including gifts, food items,
household staple)
Travel service
Business Center
Private clubs or lodges
Hotels, etc., with 50 or
more lodging units
P
P
P
P
P
P
P
P
P
C/P
P
Residential uses
with 100 or more
dwelling units
P
CIP
S
P
P
P
P
C/P
P
C/P
8-C
S
P: Permitted
--: Not permitted
T: Clasp I Special Pcr ��eg�=red
C: Class II Special Permit required
S: Special Exception required
Offices with 20,000 sq. ft, or
more gross floor area
P
P
S*
P
P
P
P
P*
C/P
P
P
P
S*
Page 89 of 186
C/P: Permitted when internal to the structure
and not visible from any right-of-way.
Class II Special Permit required if external
to the structure and visible from any right-
of-way.
*Offices with 60,000 square feet or more gross
floor area required.
906.9. Temporary special events; special permits;
criteria.
Where a temporary carnival, festival, fair or
similar type event is permissible on privately owned
or City -owned land by a Class I Special Permit, shall
be subject to the applicable criteria in Section
1305.1 in addition, the following conditions, criteria
and limitations apply:
(a) Temporary events which include mechanical
rides are permissible only on Thursdays,
Fridays, Saturdays and Sundays and/or legal
holidays, unless other days are approved by
the City Commission. Otherwise, on all other
days, these events shall be permitted only
at Watson Island, Virginia Key and
Bicentennial Park and the facilities and
parking lots of Miami Marine Stadium; and
the Orange Bowl Stadium and Bobby Maduro
Miami Baseball St-�di•�m.
*
Sec. 907. Lot, yards, and related terms; definitions;
methods for measurement; general requirements and
limitations.
907.4. Yard, general limitations on occupancy.
A yard shall remain open, unoccupied and
unobstructed by any structure or portion of a
structure from forty-two (42) inches above the general
ground level of the graded lot upward (except for
unenclosed swimming pools, whirlpools, and similar
facilities, tennis courts and as otherwise provided by
these regulations); provided, however, that fences and
walls may be permitted in any yard, subject to height
Page 90 of 186
limitations established, and further provided that
poles, posts, and other customary yard accessories,
ornaments, and furniture shall be permitted in any
required yard if they do not constitute substantial
impediments to free flow of light and air across the
yard to adjoining properties.
In all residential districts and all residential
corner lots, air conditioning and fire equipment (such
as air conditioning compressors, pumps, exhaust fans,
filters and other similar noise producing equipment)
is permitted on the walls, roof or windows or within
the rear yard if located at least ten (10) feet from
the adjacent property lines. In commercial and
industrial districts, where yard areas and setbacks
are required, air conditioning and fire equipment
(such as air conditioning compressors, pumps, exhaust
fans, filters and other similar noise -producing
equipment) and air exhaust discharge from such
equipment shall not be installed within ten (10) feet
of adjacent property lines or within the width of the
required yard or setbacks, whichever measurement is
greater. On corner lots with existing buildings with
five (5) feet side setbacks and no rear yard/ a
soundproof enclosure shall be required for such
equipment. In commercial and industrial districts,
where no setbacks are required and buildings are built
to the property line, no such equipment shall be
installed within ten (10) feet, measured vertically
from grade of the property line and air discharge from
such equipment shall be directed vertically upward
from the discharge outlet. In any event, such
equipment shall not discharge exhaust air across the
public sidewalk in any district. All such equipment
shall conform to City Code noise regulations. Such
equipment not meeting the required setbacks may be
permitted by Class II Clusc I Special Permit only.
* *
Sec. 908. Lot measurement.
908.1. Lot width.
The width of a regular lot shall be measured
across the rear of the required front yard or at the
base building line, whichever establishes the front of
the buildable area on the lot.
Page 91 of 186
visibility triangles, or
inches within required
masonry walls shall be
finished on both sides as
of this ordinance.
908.2. Access.
The lot shall have access to a public street
through a portion or through an approved private
street or driveway, which may be an approved access
easement. Such portion of lot or accessway shall be at
least twenty (20) feet in width if serving uses
requiring nine (9) or less offstreet parking spaces in
combination, twenty-five (25) feet in width if serving
uses requiring ten (10) or more offstreet spaces in
combination. In connection with approvals of such
arrangements, which shall be by Class II Special
Permit, greater widths for part or all of such access
may be required if found reasonably necessary in
relation to combination of access and other easements
or for other reasons, and lesser widths may be
permitted for all or part of such access where
preservation of desirable natural or cultural features
is involved and such reduction will not unreasonably
impair access or other functions. Such Class II
Special Permits shall be subject to the criteria
listed in addition to the applicable criteria listed
in Section 1305.
*
908.8. Fences, wails, and hedges.
The use of broken glass, projecting nails or
spikes, or similar materials on walls is prohibited in
all zoning districts. Fences and walls may be erected
and maintained and hedges may be grown and maintained
in all districts provided that no fence, wall or hedge
exceed a height of eight (8) feet as measured from
flood level elevation, other than within required
a height of thirty (30)
visibility triangles. All
required to be completely
specified in Section 905.2.
908.8.2. Barbed wire fences, or use of barbed
wire along the top of a fence or wall shall
be allowed in Industrial districts.
residential districto, is allowed only by
Clamp II Special Pcrmit approved in
otandards, and with a written finding that
ito uoc and placement arc essential to the
oafcty, welfare and security of the property
Page 92 of 186
and/or its inhabitantee.
908.8.2. Fences, walls and hedges. 4n
nonresidential districts. Barbed wire
fences, or use of barbed wire along the top
of a fence or wall, shall be permissible in
C-1, C-2 and SD-4 districts othcr than,ao
described in Ecction 908.E only by Class
II -- Special Permit, upon making a written
finding that its use and placement are
reasonably necessary to the safety, welfare
and security of the property and/or its
occupants and subject to the applicable
criteria in Section 1305.
908.9. Waterfront yards.
(See also Miami City Charter Section 3(mm)(ii--
iv) . Except for lots of one (1) net acre or less in the
R-1 and R-2 districts, and as specified in Section 924,
all development in waterfront yards shall be
permissible only by Class II Special Permit, subject to
the following criteria requirements and limitations;
and in addition to the applicable criteria in Section
1305.
(a) All underground structures shall be set back
from the waterfront a minimum of ten (10)
feet.
(b) Offstreet parking or storage areas (except
in the C-2 and I districts) shall not be
permitted. When offstreet parking or storage
areas are adjacent to waterfront yards, they
shall be screened from view from the
waterfront with walls or hedges.
(c) Waterfront yard areas. A minimum yard area
averaging twenty (20) feet in depth shall be
provided along any waterfront. In no
instance shall the above yard area be less
than fifteen (15) feet in depth.
* * * *
908.13. Yard where district boundaries divide lots.
Where district boundaries divide lots in common
ownership and it is proposed to build across such
boundaries, omission of yards adjacent to such
boundaries may be authorized only by Class II Epccial
Page 93 of 186
Permit. subject to Unity of Title and regulations
applying shall be that which corresponds to each
individual lot.
* *
Sec. 914. Increased development bonus.
914.1. Dwelling unit, square footage, and offstreet
parking bonuses for contribution to Affordable Housing
Trust Fund; exceptions.
An increase of up to twenty-five (25) percent in
square footage and/or onsite parking spaces may be
approved for parcels located within any zoning.
district other than R-1, R-2 and CBD by Major Use
Special Permit pursuant to the criteria limitation and
requirements of Articles 13 and 17 of this ordinance,
upon a finding that such increase would not: (i) cause
the development to be inconsistent with the
neighborhood plan, or any governing development order
issued for a Development of Regional Impact or any
Area -Wide Development of Regional Impact, or any
governing master plan which has been duly adopted, or
any other duly adopted land use regulation; (ii) cause
the actual levels of service for recreation and open
space, potable water transmission capacity, sanitary
sewer transmission capacity, storm sewer capacity,
solid waste collection capacity, or traffic
circulation capacity to fall below the levels of
service required for the planning district under the
neighborhood plan; or (iii) result in a request for a
variance. In addition, the developer property owner
benefiting from such development bonus shall pay, in
addition to all other fees required by ordinances
affecting the development at the time of receipt of
the Major Use Special Permit which authorizes such
bonus, the following fee(s):
*
915.2. Aviation hazards.
* *
In addition, when the zoning administrator shall
find, in relation to a particular application, that
there is reasonable doubt concerning aviation hazards
with regard to a proposed use or structure, a Claoo I
Special Exception Permit shall be required, subject to
Page 94 of 186
the applicable criteria listed in Section 1305, and
with clearance from appropriate authorities.
Exceptions approving construction of an
educational facility within the delineated Miami
International Airport (MIA) clear area shall only be
granted by Claps I Special Exception Permit. As part
of this review process the Planning and Zoning
Director ndminiatrator shall make specific findings
detailing how the public policy reasons for allowing
the construction outweigh health and safety concerns
prohibiting such a location subject to approval by the
school board and/or any other appropriate authorities.
Sec. 916. Interim parking.
*
*
916.2. Special permit required for approval.
An interim parking facility shall be defined as a
surface parking lot for which paving, drainage and
marking of parking spaces as well as other
improvements incidental to permanent parking lots
shall not be required.
There shall be two (2) types of interim parking
as follows:
(a) Temporary special event parking, and
(b) Short-term event parking.
916.2.1. Temporary special event parking.
Temporary special event parking on
unimproved interim parking lots, as defined
herein, shall only be permitted pursuant to
Class I Special Permit and only in
conjunction with an approved special event
that requires the additional parking to be
accommodated on said lot(s).
916.2.2. Short-term event parking facilities.
Short-term event parking facilities shall be
permitted as a conditional use on non -
residentially zoned lots, within a six hundred
(600) foot radius of the major public facility
they are intended to serve, pursuant to a Class
Page 95 of 186
II Special Permit subject to the applicable
criteria in Section 1305, for a duration of no
more than one year, and only in conjunction with
major public facilities such as major sports
facilities, arenas, exhibition centers,
performing arts centers and any other such major
public facility whose scale and operation warrant
the use of interim parking facilities on an
event -by -event basis versus daily year-round use.
The intent in permitting these types of interim
parking facilities is to obtain full code
compliance within a one-year period. Renewals
may only be granted by the City Manager upon.
findings and recommendations by the Director of
the Department of Planning and Zoning that such
renewals are in the best interest of the City for
reasons related to insufficient parking within
proximity of a major facility; such renewals
shall not be extended beyond December 31, 2002.
Parking spaces provided on this type of interim
parking facility shall not be counted toward
meeting required parking for any such major
public facility.
Sec. 917. Offstreet parking requirements, general
provisions.
The following general requirements, limitations, and
standards shall apply to offstreet parking:
917.1. General performance standards criteria for and
intent concerning offstreet parking facilities.
917.1.1. Parking maneuvers on public streets or
sidewalks prohibited; backing into alley by Class
II 1 Special Permit; exceptions. Offstreet
parking spaces shall be provided with room for
safe and convenient parking or unparking without
infringing on any public street or sidewalk, and
without backing into any street or alley, except
for single family and duplex uses within all
residential districts. Backing into an alley from
offstreet parking spaces in multifamily and
nonresidential districts shall be permissible
only by Class II Special Permit, subject to the
Page 96 of 186
requirements of Section 917.3 and the applicable
criteria listed in Section 1305.
917.1.2. Valet parking, generally. Offstreet parking
facilities maintained with valet parking only may
be approved by Ciaoo T Special Pcrmit for excess
parking only, provided that the minimum offstreet
parking requirements of this ordinance and City
of Miami guides and standards are satisfied;
provided also that an attendant shall remain on
duty during business hours or as long as the
principal building is occupied. Restaurant and
hotel offstreet parking facilities maintained
with valet parking only may be approved by
Special Exception for up to fifty (50) percent of
existing offstreet parking spaces, provided that
the minimum offstreet parking requirements of
this ordinance and "The City of Miami Offstreet
Parking Guides and Standards" are satisfied;
provided also that an attendant shall remain on
duty during business hours or as long as the
principal building is occupied.
917.3. Application of City of Miami Guides and
Standards to location, improvement, and landscaping of
offstreet parking facilities.
917.3.1 Except as specified below for specific
designated Community Redevelopment Areas,
location, design, construction, surfacing,
drainage, lighting, landscaping, screening,
and maintenance of offstreet parking
facilities and access, whether or not such
parking facilities are required by this
ordinance, shall be in accordance with "The
City of Miami Offstreet Parking Guides and
Standards."
917.3.2 Within the designated Community
Redevelopment Areas of Southeast Overtown/
Park West and Omni, surface parking lots,
whether required by code, permitted as
interim parking, or as principal or
accessory uses, shall require only a Class
II Special Permit, or a Certificate of
Compliance in lieu of a Claao II Permit. The
following Offstreet parking guides and
standards shall apply in addition to the
Page 97 of 186
"The City of Miami Offstreet Parking Guides
and Standards:"
*
927.4. Class II 4 Special Permits required for
substantial modification_ of existing facilities
including ten or more spaces.
Where it is proposed to make substantial
modification of existing facilities including ten (10)
or more spaces, required or otherwise, a Class II
Special Permit shall be required subject to the
applicable criteria in Section 1305. ("Substantial
modification" shall be construed for purposes of this
regulation as including changes in number, location,
dimensions, or arrangement of spaces or aisles,
entrances or exits, or character, type, or amount of
landscaping).
917.5. Parking requirements for housing for the
elderly, by Class II Special Permit; limitations.
Offstreet parking space requirements in
connection with housing for the elderly conforming to
the requirements of state and/or federal programs for
housing for the elderly may be allowed by Class II
Special Permit only in an amount not to be less than
one (1) parking space per every two (2) dwelling
units. The remaining one-half (1/2) of land area which
would otherwise be used for parking shall be set aside
and maintained as open space or utilized for
recreational purposes. In addition to the applicable
criteria listed in Section 1305 the following
criteria shall apply: The following rc-quircmcnto -and
limitations ohall apply:
* *
917.6. Reduction in parking requirements for housing
for low income families and individuals.
Reduction of generally applicable offstreet
parking requirements in connection with housing for
low income families and individuals may be allowed by
Special Exception only to an amount not less than one-
half (1/2) of the spaces generally required. The
remaining one-half (1/2) of land area which would
otherwise be used for parking shall be set aside and
maintained as open space or utilized for recreational
*
*
Page 98 of 186
purposes. The following criteria requirements and
limitations shall apply:
* * * *
917.7. Reduction in parking -requirements.
917.7.1. Reduction in parking requirements for
combinations of commercial and office uses
on the same premises.
Where commercial and office uses are
combined and proposed parking facilities are
so located and designed as to serve both
uses conveniently and with reasonable
security, the combined parking requirements
may be reduced to ninety (90) percent of the
total required spaces. only by Claoa II
Cpccial Pcrmit.
917.8. Deferral of portions of total required parking
improvements, by Special Exception for initial period,
control of extensions.
By Special Exception, the Zoning Board may allow
deferral of provision of parking spaces, construction,
surfacing, drainage, marking, and other improvements
incidental to preparation for actual use of portions
of required parking subject to the criteria below and
the applicable criteria listed in Section 1305 and,
upon findings that such portions are not reasonably
likely to be required because of the type of occupancy
of the premises, the character of the neighborhood,
joint use of facilities by uses with differing peaks
of parking demands, or for other reasons assuring that
deferral of such improvements will not result in
parking shortages on the premises, or increase on
street parking demands in the vicinity.
917.9. Joint parking facilities for contiguous uses,
Special Exception required.
Where uses on adjoining lots propose to combine
parking facilities, including accessways, such joint
offstreet parking facilities shall require a Special
Exception permit. Except where number of spaces has
Page 99 of 186
been reduced, or improvement requirements deferred
under the terms of Sections 917.5 through 917.8, the
total number of offstreet spaces provided and improved
as required by these regulations shall not be less
than the sum of those required by the individual uses.
Such permits shall be issued subject to the
following criteria; and only upon findings that:
*
*
*
Sec. 918. Offsite parking.
It is the general intent of these regulations that
required offstreet parking be provided on the same lot with
the principal use or structure it serves, except as
otherwise specifically authorized. Unless otherwise
specifically provided in special districts, offsite parking
shall be permitted by Special Exception and up to twenty-
five (25) percent of the required number of spaces and as
authorized by the provisions of this Section in districts
more or equally permissive as where the principal use to be
served is located, or as otherwise specifically permitted
under the terms of this zoning ordinance, and in any event
only where there are practical difficulties or unnecessary
hardships involved in providing required parking on the
site.
within a parking facility that is cithOr owned, or
0
effoitc purouan
t only for
kcturc3 with incufficicnt
with the distance limitations (as specified below) arc
One hundred
percent (100%) of required parkingmay be located offsite
by Class II Special Permit upon compliance with the
following criteria and the applicable criteria set forth in
Section 1305:
(a) Such offsite parking shall be provided within a
parking facility that is either owned, or
otherwise controlled by a governmental agency.
(b) Such offsite parking shall be limited
to insufficient
tive
re -uses of existing structures
parking including additions to such structures.
Page 100 of 186
The Class II Special Permit shall also ensure that
compliance with the distance limitations specified below
are adhered to, and that all necessary leases with the
participating governmental agency are in place.
*
918.2. Temporary offstreet offsite parking for
construction crews, criteria.
*
918.3. Offsite parking where governmental action
eliminates prior or provides new offstreet parking;
Special Exception permit required with City Commission
approval.
Where governmental land acquisition or
construction programs eliminate areas previously used
for offstreet parking (required or other), or make
such areas inaccessible to uses previously served,
offsite parking may be allowed by Special Exception
permit with City Commission approval subject to the
following criteria and the applicable criteria listed
in Section 1305, even though such parking is not to be
on adjoining or abutting lots. Any such new off -site
parking shall not be located at a distance greater
than (1000) feet from the subject property and shall
comply with the zoning regulations of such off -site
parcel.
Through governmental action, offsite (but not
required) parking may be allowed within elevated
expressway right-of-way including I-95, 1-195, 1-395,
SR-836, SR-112 and the Rickenbacker Causeway Flyover
by Special Exception permit with City Commission
approval.
*
928.5.2. Replacement of required offstreet
parking; amended agreement. Where required
offstreet parking has been permitted to
locate offsite, the number of spaces thus
provided may be reduced in amount equal to
the number of any onsite spaces added, or
the number of other offsite spaces added in
other locations undcr Clas3 I Spccial
Permit.
Page 101 of 186
Sec. 920. Parking and/or storage of certain vehicles
prohibited or limited in specified districts;
limitations on occupancy.
920.1. Mobile homes parking, storage and occupancy;
limitations and exceptions.
* * * *
(c) Parking or storage of mobile homes authorized
by governmental agencies for use for
educational, health, security, communication,
emergency housing, or similar purposes;
(d) Parking of mobile homco, trailcrs or
manufactured homco for a maximum of onc (1)-
cxtcnoion for
whcn authorize
tcmporary officco
an additional
onc (1) ycar,
— eeial Permit
or for othcr purpooco;
ao
(d)(c) Parking of mobile homes, trailers or
manufactured homes, when authorized for
security or other purposes in connection
with land development or construction.
Sec. 922. Offstreet loading requirements, general
provisions.
* * * *
922.4. Special permits required for proposed offstreet
loading facilities or for substantial modification of
existing facilities.
A Class II Special Permit Class I Special Pcrmit
shall be required for actions described below
involving offstreet loading space for trucks and
trailers subject to the applicable criteria in Section
1305 and herein:
* * * *
(a) For proposed offstreet loading spaces for
trucks and trailers, or for substantial
modification of existing facilities.
("Substantial modification" shall be
construed for purposes of this regulation as
Page 102 of 186
including changes in number, location,
dimensions, clearance, or arrangement of
loading spaces, access routes or maneuvering
areas, entrances or exits, or in character,
type, or amount of landscaping).
(b) Where existing offstreet loading facilities
for trucks or trailers are nonconforming
under the requirements of these regulations
or any standards of the City of Miami
relating thereto, no modifications may be
permitted which increase the degree of
nonconformity, and the permit may require as
conditions or safeguards such lessening of
the degree of nonconformity as is reasonable
in the circumstances of the case.
(c) By Class I Spee4a1 Permit with mandatory
The
zoning administrator Planning and Zoning
Director may approve through the Class II
Special Permit process, maneuvering of
trucks on public rights -of -way, with
referral to Public Works Director.
Where such special permits are required, no use
shall be made of the offstreet loading facility or of
the principal use to which such facility is accessory
except in accordance with the terms thereof.
922.5. Reduction in
loading requirements
freight services are
Exception.
offstreet truck and
where rail, marine,
directly available; by
trailer
or air
Special
Where rail, marine, or air freight services are
directly available at the site of a use, or are so
located that trucking on public streets is not
required in moving materials to or from the site,
requirements for offstreet truck and trailer loading
spaces may be reduced correspondingly by Spceial
Exception, but in no case shall the reduction be more
than one-half (1/2) of full requirements.
that, In the event of change in manner of operation or
cessation of alternative freight service, required
spaces shall be provided or that the use shall cease
or be diminished to the extent required to reduce
offstreet loading requirements to equal availability
Page 103 of 186
of such spaces.
922.6. Deferral of portions of total required
offstreet loading improvements; by Special Exception
for initial periods; control of extension.
By Special Exception subject to the criteria
below and the applicable criteria listed in Section
1305, the Zoning Board may allow deferral of
construction, surfacing, drainage, marking, and other
improvements incidental to preparation for actual use
of portions of required offstreet loading spaces, upon
findings that such portions are not reasonably likely
to be used because of the type of occupancy of the
premises, joint use of facilities by uses with
differing peaks of loading demand, or for other
reasons, assuring that deferral of such improvements
will not result in shortages of offstreet loading
space on the premises or lead to use of public streets
for loading and unloading.
Provisions concerning deferral periods, notice of
revocation, and extensions shall be as set out in
relation to offstreet parking in Section 917.8.
* * * *
Sec. 923. Offstreet loading, detailed requirements.
923.1. Reserved.
923.2. Dimensions of stalls or berths, generally.
For purposes of these regulations, two (2) sets
of minimum dimensions are established for required
offstreet loading stalls or berths, twelve (12) by
thirty-five (35) feet, and twelve (12) by fifty-five
(55) feet. Vertical clearance above such stalls and
accessways leading thereto shall be a minimum of
fifteen (15) feet.
923.2.1. Reduction in stall dimensions by Class
II Special Permit; criteria and limitations
on reductions. Reduction in above dimensions
of required stalls shall be only by Class II
Special Permit and subject to the criteria
set forth herein and the applicable criteria
in Section 1305. No such permit shall be
issued except upon findings:
*
*
*
Page 104 of 186
Offstreet loading requirements:
* * * *
By Class I Special Permit e 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 nccds of the individual project.
Sec. 924 Piers, docks, wharves, dockage, boathouses, and
boat slips.
The following criteria and regulations shall apply to
piers, docks, wharves, dockage, boathouses and boat slips,
and uses and occupancies accessory or incidental, in
addition to those set out in the schedule of district
regulations and other lawful regulations applying
generally.
* * *
924.1.1.2. Location of boathouses and boat slips
in relation to established waterway or bulkhead
lines; adjacent lot lines entering or approaching
waterways; Special Exception permit 'for
facilities extending across such lot lines. No
boathouse or slip shall be built beyond the
established bulkhead or waterway line, or closer
than ten (10) feet to any lot line separating the
lot from an adjacent lot in a residential
district; provided, however, that upon
application by owners of adjoining properties,
boathouses and slips may be authorized by Class
II Special Permit to extend across only one (1)
lot line subject to the applicable criteria in
Section 1305.
924.1.1.4 2. Length and width of boathouses;
limitations on waterfront yard, coverage by all
accessory buildings in such yards. No such
boathouse shall exceed twenty (20) feet in width
or forty (40) feet in depth. Boathouses, slips,
and/or other accessory buildings shall not occupy
more than thirty-five (35) percent of the
waterfront yard, provided that, where such
coverage would result in exceeding permitted
total lot coverage by all buildings, it shall be
Page 105 of 186
reduced accordingly.
and width.
Exception,
boathouses,
boathouoco
The of
authorize
and g- c at
and
olipo,
exceeding onc (1) ac
ding onc (1) acre
greater
than
hcighto
set out above
for
as
ter ocparation
cccooary to aooure that the
rcgulationo generally applying on amallcr loto.
924.1.3 2. Limitations on location and extension
of docks and piers in residential districts;
limitations on location and character of vessels
docked or moored. In residential districts, and
on portions of property adjoining such districts,
no docks or piers, including mooring piles,
catwalks, and other appurtenances, shall be
constructed closer than ten (10) feet to property
lines extending into waterways (or as extended
into such waterways) . Only private pleasure craft
shall be docked or moored at such facilities, and
no portion of such craft shall be located closer
than five (5) feet to such property lines.
As an exception to the limitations above, upon
application by owners of adjoining properties,
docks and piers extending across not more than te.
exceed one (1) lot line may be authorized by
Class II Special Permit special Exception permit.
Where such authorization exists, limitations on
docking and mooring of craft shall be construed
as applying to a combined parcel.
* *
924.1.32.1. Special limitations concerning
*
Page 106 of 186
modification of separation requirements in SD-5
district. In connection with extension of docks
or piers beyond thirty-five (35) feet into
Biscayne Bay, separation of such structures from
property extending (or as extended) into the bay
may be modified or set aside (except as limited
below) only if a public benefit in the form 'of
public access is provided. Improvements
qualifying for such modification or setting aside
of separation, and conditions relating to such
improvements are as follows:
* * * *
924.1.4.3 Limitations on facilities and uses
related to dockage and moorage of vessels in
residential districts. In connection with dockage
or moorage of vessels in all residential
districts, a set of davits of up to three -ton
capacity, a private boat ramp, and minor
maintenance of vessels with tools requiring no
more than one (1) horsepower shall be permitted.
Prohibited are commercial vessels, commercial
boat ramps, commercial hauling, and commercial
uses, except rental dockage if permitted in the
district. Sales of marine fuel and supplies shall
be prohibited except as specifically permitted in
the district.
* * *
924.11. Extensions of docks into waterways or canals
or Biscayne Bay; Special Exceptions.
By Special Exception and subject to the
applicable criteria in Section 1305 and the criteria
below, the Zoning Board may permit extensions of docks
and piers into waterways or canals for greater
distances than set forth above, provided that no dock
or pier, including mooring piles, catwalks, and other
appurtenances, shall extend into an inland waterway or
canal for more than ten (10) percent of its width or
into Biscayne Bay more than six hundred (600) feet, or
to within one hundred twenty-five (125) feet of any
existing intracoastal navigation canal, whichever is
less, and further provided that neither Special
Exceptions nor variances in this class of cases shall
be granted in R-1 and R-2 districts.
* * * *
Page 107 of 186
Sec. 927. Temporary structures, occupancies, and uses
during construction, criteria for Special Permits.
*
*
*
Temporary or "interim" offsite parking may be
permitted by Class II Special Permit subject to the
following criteria and the applicable criteria in Section
1305; such parking may be located only and only in
districts more or equally permissive as the one where the
principal use to be served is located. Such parking is only
to be permitted where there are practical difficulties or
hardships involved in providing the required parking on the
site during construction. In addition, as conditions of the
Class II Special Permit: (1) the applicant shall provide to
the City a copy of the lease or other parking agreement
which will fulfill the parking requirement during
construction; (2) in cases where the parking is offsite,
the parking for a commercial project shall only be provided
in a commercial zoning district and parking for a
residential project shall only be provided in a commercial
or more permissive residential zoning district; (3)
relocation of required parking shall be limited to specific
length of time (i.e., one [1] year with a one-year renewal)
or limited to the duration of construction up to the
issuance of the certificate of occupancy, whichever is
less; and (4) the distance between the principal entrances
of the parking facility and the use being served shall be
limited to six hundred (600) feet.
*
* * *
Sec. 930. Automotive service stations as principal uses.
The following standards, limitations criteria, and
requirements shall apply to automotive service stations as
principal uses:
*
*
Sec. 931. Drive -through and drive-in establishments; car
washes.
No permit shall be issued for any drive -through bank,
drive --through or drive-in eating or drinking establishment,
drive-in theater, or other facilities where customers are
served in their automobiles, except automotive service
stations, or any car wash (except where such facility is
accessory to an automotive service station and does not
Page 108 of 186
involve arrangements for washing more than one [1) car at a
time) except in accord with the following requirements
criteria and limitations:
*
*
*
931.2. Requirements for reservoir spaces, applying
generally.
*
*
*
(a) Drive -through bank:
For the first window: Five (5) spaces before
the teller window, one (1) space at the
teller window, one (1) space after
service space.
For the second window: Four (4) spaces
before the teller window, one (1) space
at the teller window, one (1) space
after service space.
For the third window: Three (3) spaces
before the teller window, one (1) space
at the teller window, one (1) space
after service space.
For the fourth window or beyond: Two (2)
spaces before the teller window, one
(1) space at the teller window, one (1)
space after service space.
These requirements may be reduced by Class II
Special Permit to comply with urban design
standards and guidelines, or urban design
requirements in special districts, and further
subject to the applicable criteria listed in
Section 1305.
* * * *
(b) Drive-in theater: Before the ticket service
space, reservoir spaces equal to twenty (20)
percent of the total capacity of the theater. The
inbound reservoir area shall not connect or
conflict in any way with existing driveways.
*
*
*
(d) Drive -through window facilities for eating
and drinking establishments: Eight (8) spaces
before the service window, one (1) space at the
Page 109 of 186
service window, one (1) space after the service
window.
Four (4) spaces before the service
window, one (1) space at the service window,
one (1) space after the service window.
These requirements may be reduced by Class II
Special Permit to comply with urban design
standards and guidelines, or urban design
requirements in special districts, and further
subject to the applicable criteria listed in
Section 1305.
(e) Other drive -through facilities (including,
but not limited to, pharmacies, food and beverage
sales and laundry and dry cleaning pickup
stations) :
Three (3) spaces before service
position or area for parking, one (1) space
after such position or area. The inbound
reservoir area shall not conflict with the
outbound reservoir area.
These requirements may be reduced by Class II
Special Permit to comply with urban design
standards and guidelines, or urban design
requirements in special districts, and further
subject to the applicable criteria listed in
Section 1305.
Sec. 932. Christmas tree and pumpkin sales; holiday sales,
criteria.
Christmas tree and pumpkin sales shall be permitted
subject to the applicable criteria in listed onion ion 1o305
by Class I Special Permit on a vacant lot or p
lot not reserved for required parking purposes. Such uses
may be permitted in commercial and industrial districts and
conditioned by Class I Special Permit, with notice to
immediately adjacent (including immediately across the
street) property owners, and such uses may be permitted in
government and institutional, and residential districts
with the same Class I and notice provisions as specified
above if conducted by a civic, fraternal or religious
organization as a fundraiser, for a period of operation not
to exceed five (5) weeks prior to Christmas or two (2)
weeks prior to Halloween, respectively.
Page 110 of 186
Sales of other goods pertaining to a national legal
holiday (i.e., sparklers for the Fourth of July) shall be
subject to the applicable criteria in listed Section 1305
and conditional by Class I Special Permit, with notice to
adjacent and immediate (across the street) property owners,
as for Christmas tree and pumpkin sales, except that it
shall only be permitted for a period not to exceed two ' (2)
weeks prior to the holiday.
Sec. 933. Criteria for Special Exception approval of
helistops.
933.2. Helistops, where permitted.
Helistops, as defined by the Federal Aviation
Administration and shall be permitted as conditional
accessory uses in the Office,
Governmental/Institutional, Commercial, Central
Business District and Industrial districts subject to
the applicable criteria listed in Section 1305, the
following criteria, and only by Special Exception with
City Commission approval. Helistops shall be
permitted as a conditional principal use in the Parks
and Recreation District only by Special Exception with
City Commission approval. In addition, all helistops
shall be subject to the following requirements and
limitations:
Sec. 936. Child daycare centers.
* * * *
936.7. Offstreet parking requirements.
One (1) offstreet parking space shall be required
for the owner/operator and one (1) space for each
employee. In addition to providing offstreet parking,
such establishments shall provide safe and convenient
facilities for loading and unloading children and one
(1) parking space for every ten (10) children for
which the establishment is licensed.
936.7.1. Reductions in offstreet parking
requirements for child daycare centers for
low income families. Except in R-1 and R-2
zoning districts, reduction of generally
applicable offstreet parking requirements in
connection with child daycare centers
Page 111 of 186
licensed for one hundred (100) children or
more which provide said service for low
income families may be allowed by Special
Exception (upon written submittal of proof
at time of application) only to an amount
not less than fifty (50) percent of the
spaces generally required. Note that a child
daycare facility that accepts welfare
clients at reduced rates, and other similar
voucher systems from low income families,
qualifies for the parking reduction
specified. The following requirements and
limitations shall apply:
1. The center shall otherwise comply with all
applicable Department of Children and Family
Services standards for such facilities.
2. As part of the Special Exception approval,
the Zoning Board shall determine and make a
finding in its consideration of the
application, that the reduction in offstreet
parking requirements is justified in view of
the nature and type of prospective usership
of the daycare facility and economic
circumstances involved, and further, that
the traffic and parking problems resulting
from such reduction will not unduly burden
traffic facilities in the neighborhood.
936.8. Variances prohibited.
No variances from the provisions of this Section
936 are permitted.
Sec. 938. Flea markets.
938.1. Limitations on flea markets.
Operation of flea markets requires a Clapp II
Special Exception Permit, rcncwablc cvcry thrcc (3)
ycarc by a rcvicw u ary of ioouancc,
subject to the following criteria, requirements and
limitations: Access from major streets; distance
separation from residentially zoned districts
(minimum: seventy-five (75) feet); hours of operation
(maximum: twelve (12) hours per day); no earlier than
7:00 a.m.; sales operations confined to weekends and
Page 112 of 186
legal holidays; provided, however, that at no time
shall such operations exceed three (3) consecutive
days; provision of paving striping for stalls and
parking spaces; provision of restroom facilities
onsite; and conformity to
Code
Operations may be further restricted within the site
to achieve a harmonious relationship with the
surrounding neighborhood. Ccc Article 13, Special
mito, Ccncrally.
the Couth Florida Building
Sec. 939. CBD storage facility.
939.1. Reserved.
939.2. Limitations of CBD storage facilities.
Operation
of a CBD storage facility rcquirca a
and is shall be subject to the
following criteria, limitations and requirements:
*
939.3. Limitati
facility.
939.2, by Special
may -bc operated
limita-tione and rc
(a) It may occupy up to
(b) The requirements
939.2 (c) , (c) and (f)
extcr1
*
*
---aft from the provioiona of
Exception, a CBD otoragc facility
one hundred (10 0 )
and limitations of o
ohall apply, except that
of thc special Exception.
(c) Pxccptiono to thc loading and unloading
granted; the oubotitut
unloading ar as may bc approved provided that
these arcaa
All loading and unloading arcaa ohall bc limited
Page 113 of 186
Sec. 940. Aluminum recycling machines.
940.1. Limitations and criteria on aluminum recycling
machines.
Installation and operation of an aluminum
recycling machine requires a Class I Special Permit
and is subject to the applicable criteria listed in
Section 1305 as well as the following requirements
criteria and limitations:
Sec. 942. Container yards.
942.1. Limitation on container yards.
Container yards shall be permitted only by
Special Exception. Each container yard proposal shall
be reviewed for compliance with the following criteria
and restrictions:
(a) The maximum number of containers that may be
stacked vertically shall be three (3).
(b) Notwithstanding provisions of Section 908.8
to the contrary, container yards shall be
surrounded by a ten -foot to fifteen -foot
high wall setback ten (10) feet from
property lines to allow for designated
landscaping, subject to approval of the
Planning and Zoning Division.
*
*
Sec. 944. Discount membership merchandisers.
944.1. Limitation on membership merchandisers.
Discount membership merchandisers as defined in
Section 2502 shall be permitted only by Special
Exception and subject to the following criteria and
description.
941.1. Intent.
It is the general intent of these regulations that
Page 114 of 186
discount membership merchandisers, as herein defined
in Section 2502, Specific definitions, are established
in a form that will tend to minimize their impact on
the local landscape and the local economy. Such impact
may include, but not be limited to, the disruption of
the existing urban scale, traffic generation,
alteration of established commercial patterns, and
environmental impacts by way of increase in impervious
land area.
Sec. 945. Pharmaceutical laboratories.
The following criteria general standards, limitations
and requirements shall apply to pharmaceutical laboratories
in the C-1 district:
945.1. Pharmaceutical laboratories, intent.
Pharmaceutical laboratories are facilities
equipped and intended for the testing of
pharmaceutical products, particularly their
effects on the human body. Due to the standard
protocols associated with such research, test
subjects must remain on -site for prolonged
periods including overnight stays.
* * * *
ARTICLE 11. NONCONFORMITIES
Sec. 1104. Nonconforming uses of lands, water or
structures, or lands or waters in combination
with structures.
1.104.3. Nonconforming use outside buildings; Special
Exception for movement; criteria.
No nonconforming use shall be enlarged, increased,
or extended to occupy more area than was occupied at
the time such use became nonconforming on premises of
buildings in nonconforming use, and outside such
buildings. No such exterior nonconforming use shall be
moved in whole or in part to any portion of the lot or
parcel other than that occupied at the time such use
became nonconforming; provided, however, that the
Zoning Board may by Special Exception allow such
movement upon a finding that, because of the new
Page 115 of 186
location, buffering or screening to be supplied, or
other reasons, such movement would create substantial
public advantages. Notwithstanding the other
provisions of these regulations concerning Special
Exceptions, in this class of cases, the occupancy of
the new location shall be construed as remaining
nonconforming.
1104.8. Destruction of structure or structures.
Where nonconforming use status applies to a
structure or structures, or to a structure or
structures in combination, removal or destruction of
the structure or structures shall eliminate the
nonconforming status of the land except as set out in
Section 1104.9, and any new structure shall comply
with all conditions of the district. "Destruction" of
the structure for purposes of this is defined as
damage to an extent of fifty (50) percent or more of
the gross square footage of the building at the time
of destruction except in HP districts where the HC
board may allow reconstruction of historically
designated buildings.
Where damage is less than fifty (50) percent of
the gross square footage of the building, such
structures may be restored to the same or lesser size
and in the same location, provided, however, that
restoration shall begin within six (6) months of
damage and be diligently carried to completion, and
nonconforming use may be resumed and continued as
before, or on a lesser scale, through Class 11 Special
Permit subject to the applicable criteria listed in
Section 1305, but in any case shall not be enlarged or
intensified. Unless restoration is so initiated and
completed, the use shall terminate and not be resumed.
Sec. 1106. Nonconforming structures.
1106.1. Structural change, extension, or expansion;
criteria.
No portion of a building or structure, which is
nonconforming shall be enlarged, extended, or altered
in any way which increases its nonconformity.
Existing structures which have legal
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nonconforming status may, however, be enlarged,
extended or altered as follows:
1. Alterations to principal or accessory
structures which do not involve an
enlargement or expansion may be permitted
pursuant to a Class II, Special Permit
subject to the applicable criteria listed in
Section 1305, and as long as the degree of
the structure's nonconformity remains the
same or is decreased and at least fifty (50)
percent of the square footage of the
original building is proposed to remain.
2. Alterations which involve an enlargement
and/or extension of a nonconforming
principal structure may be permitted
pursuant to a Special Exception permit
subject to the applicable criteria listed in
Section 1305 and as long as the degree of
the structure's nonconformity remains the
same or is decreased, and at least fifty
(50) percent of the square footage of the
original building is proposed to remain, and
as long as the proposed enlargement does not
exceed a height or length of fifty (50)
percent of the horizontal or vertical linear
footage of the wall(s) of the nonconforming
portion of the structure to remain.
* * * *
1106.3. Moving, criteria.
A nonconforming building or structure may be moved
on its own lot only under a Special Exception. Such
permit shall be issued only upon a finding by the
Zoning Board that the proposed movement reduces the
degree of nonconformity to the maximum extent
reasonably feasible, or eliminates such nonconformity;
but the building or structure shall in no case be moved
on its own lot in such a manner as to increase the
degree of nonconformity. Where a nonconforming building
or structure is moved off its lot, it shall conform to
the regulations for the district in which it is located
after it is moved. All new construction shall conform
to all conditions of the district in which it is
located.
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Sec. 1107. Nonconforming characteristics of use.
* * * *
1107.1. Changes in nonconforming characteristics of
use.
No change shall be made in any nonconforming
characteristics of use which increases nonconformity
under applicable regulations, but changes may be made,
pursuant to a Class II Special Permit, which result in
the same or a lesser degree of nonconformity.
*
*
ARTICLE 12. FUNCTIONS AND RESPONSIBILITIES OF COMMISSION,
OFFICERS, AND BOARDS IN RELATION TO ZONING GENERALLY
* * * *
Sec. 1204. Duties and authority of the Director of the
Department of Planning building and Zoning.
1204.1. Authority.
Determinations made by the Planning and Zoning
Director with respect to applications covered in this
zoning ordinance, shall be based upon individual or
cumulative expertise in the technical aspects of such
decisions, including input from such referrals as
deemed necessary.
1204.2. Duties.
Under this zoning ordinance, the Director of
Planning, building and zoning shall have the following
duties:
(1) Serving in an advisory capacity on zoning
matters to the Planning Advisory Board, the
Zoning Board, the City Commission, and other
officers or agencies of the City;
(2) Granting, granting with conditions and
safeguards, or denying applications for Class
II Special Permits;
(3) Deciding matters of interpretation and making
determinations specifically delegated to its
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responsibility by the terms of this zoning
ordinance; such interpretations shall consist
only in interpretations as to applicability
of criteria and required supplementary
application materials for special permits,
and any other such decisions or
interpretations specifically authorized 'by
the provisions of this zoning ordinance; and
(4) Preparing and submitting reports required
under the terms of this zoning ordinance.
ARTICLE 13. SPECIAL PERMITS; GENERALLY
Sec. 1300. Intent, generally.
In addition to zoning procedures and requirements relating
generally to issuance of building permits and certificates
of use, a special permit system is hereby established. It
is intended that this system shall assure special
examination, review, and findings by appropriate agents,
agencies, or bodies of the City in connection with proposed
actions particularly specified in this zoning ordinance.
Special permit procedures and requirements as set out
herein are intended to apply in relation to use, occupancy,
location, construction, design, character, scale, or manner
of operation, or the necessity for making complex or
unusual determinations; also to assure consideration of the
particular circumstances of each case and the establishment
of such conditions and safeguards as are reasonably
necessary for protection of the public interest generally,
and protection of adjacent properties, the neighborhood,
and the City as a whole.
A special permit is a grant of authority under the terms of
this zoning ordinance from and by a designated agent,
officer, or body of the City to an applicant for the use of
property in the manner set out in the grant of special
permit.
Sec. 1301. Classes of special permits; intent; agent,
agency, or body responsible for each; referrals.
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Four (4) classes of special permits are hereby established,
ranging from those dealing with uses, occupancies, and
activities of a temporary nature or likely to have small
but potentially adverse impacts on adjacent and nearby
properties to those with substantial effects on
neighborhoods and/or the City. They are ranked in the
following order: Class I Special Permit, Class II Special
Permit, Special Exception and Major Use Special Permit.
When more than one (1) special permit is required to
address the same issue, the highest ranking permit granted
shall be considered sufficient. Criteria from all
applicable special permits will be utilized in the review
and approval of such permits.
Classes of special permits, their intent, and the agent,
agency, or body responsible for each, and referrals are as
follows:
1301.1. Class 1 Special Permits; intent; administered
by zoning administrator; mandatory referrals.
It is intended that Class I Special Permits be required
where specified uses or characteristics of use are of a
temporary nature requiring mandatory technical
determinations or reviews to establish special conditions
and safeguards. In general, such determinations and reviews
will normally be by agencies or officers other than the
Department of Planning, building and Zoning, and may
involve matters such as design for traffic, parking and
loading facilities, health and environmental
considerations, and legal determinations.
1301.1.1. Administration by sorting cdminiatrator.
Vie —zoning adminictrato
The administration and processing of applications for Class
I Special Permits, and for determinations shall be the
responsibility of the zoning administrator. Decisions of
the zoning administrator regarding Class I Special Permits
shall be affected and limited by reports received on
referrals as provided in Article 14, Sections 1401 and
1402. (nce Articic 14) .
1301.2. Class II Special Permits; intent; determinations by
Director of department of Planning, building and zoning;
referrals.
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It is intended that Class II Special Permits be required
where design, character and compatibility opccificd uoce
and/or occupancico involve substantial technical issues
relating to planning policy and impact on surrounding area
as it relates to aesthetics.
The Director of the Department of Planning, building and
Zoning shall be solely responsible for review for
compliance and consideration of applications for Class II
Special Permits.
The Director shall make such referrals to other officers,
agencies, boards or departments as are required by
regulations relating to the particular special permit and
may make other referrals deemed necessary by him before
arriving at his decision. (acc ,
Decisions of the Director regarding Class II Special
Permits shall be affected and limited by reports received
on referrals as provided in Article 15, Section 1502.
When a Class II Special Permit requires City Commission
approval, the Planning and Zoning Director shall serve in
an advisory capacity to the City Commission.
1301.3. Special Exceptions.
1301.3.1. Intent.
Within the City generally, or within certain zoning
districts, certain structures, uses, and/or
occupancies specified in this ordinance are of a
nature requiring special and intensive review to
determine whether or not they should be permitted in
specific locations, and if so, the special
limitations, conditions, and safeguards which should
be applied as reasonably necessary to promote the
general purposes of this zoning ordinance and, in
particular, to protect adjoining properties and the
neighborhood from avoidable potentially adverse
effects. It is further intended that the expertise and
judgment of the Zoning Board be exercised in making
such determinations, in accordance with the rules,
considerations, and limitations relating to Special
Exceptions as set out in Article 16 and elsewhere in
this zoning ordinance and regulations. (occ Article
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When a Special Exception requires City Commission
review and approval, the Zoning Board shall serve in
an advisory capacity to the City Commission.
Formal public notice and hearing are mandatory for
Special Exceptions.
1301.4. Major Use Special Permits; intent;
determinations by City Commission; referrals.
It is intended that Major Use Special Permits be
required where specified usesand/or occupancies
involve matters deemed to be of City-wide or area -wide
importance.
The City Commission shall be solely responsible for
determinations on applications for Major Use Special
Permits as provided in Article 17 and elsewhere in
this ordinance. (occ Articic 17).
The Director of the Department of Planning, building
and Zoning shall make recommendations on all
applications for Major Use Special Permits and for any
amendments thereto and shall transmit said
applications and recommendations to the Planning
Advisory Board for its recommendations and may make
referrals to other agencies, bodies, or officers for
review, analysis, and/or technical findings and
determinations and reports.
Sec. 1302. Relation of special permits to building permits
or certificates of use; to initiation or
maintenance of use or occupancy.
Where building permits or certificates of use are required
by this zoning ordinance or other codes or ordinances of
the City, no such building permit or certificate of use
shall be issued where this ordinance requires special
permits unless and until any and all special permits
required have been obtained. Where uses or occupancies do
not require building permits or certificates of use, but
are otherwise subject to requirements of this zoning
ordinance, no such use or occupancy shall be initiated or
maintained unless and until any and all special permits
required herein in relation thereto have been obtained.
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Sec. 1303. Special permits to be issued or denied in
accordance with procedures, standards, and
requirements of this ordinance.
Special permits relating to this zoning ordinance shall' be
required only where specific provision is made by this
zoning ordinance. No application for special permit shall
be accepted or approved unless specific provision for the
particular special permit appears in this zoning ordinance.
Special permits in relation to zoning shall be issued or
denied only in accordance with the procedures, standards,
and requirements of this zoning ordinance. Where
applications for special permits demonstrate that general
and special standards and requirements for such special
permits are met, the agent, agency, or body of the City
herein made responsible for the grant of such special
permit shall issue such permit, subject to conditions and
safeguards required in the particular circumstances of the
case and as authorized and limited at Section 1306,
Conditions and safeguards, below.
Where applications for special permits indicate that
actions proposed therein, or the manner in which they are
proposed to be conducted, do not meet the standards and
requirements of this ordinance, and could not practically
and reasonably be made to do so by attachment of conditions
and safeguards so authorized and limited, such applications
and permits shall be denied.
1303.1. Action to be taken within time limits
specified.
Time limitations set out herein involving actions by
the Zoning Board, the Planning Advisory Board or the
City Commission shall not be applicable during the
thirty-one (31) days of August.
Sec. 1304. Applications for special permits, generally.
1304.1. Applications for special permits; when filed,
who may file.
Except when specifically set out otherwise in this
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zoning ordinance, applications for special permits
shall be filed with administrative officials
designated by the City Manager, and such designees are
charged with responsibility for their receipt, fee
collection, processing, and/or distribution.
The property owner shall also be subject to the
following disclosure requirements:
(1) Applicant shall show proof of any pending code
enforcement actions or municipal liens on the
property.
(2) Corporate applicant shall show proof at each
level of public hearing that it is in good standing,
qualified to do business and doing business in
Florida.
For special permits affecting a property, applications
may be filed only by the property owner, its formally
designated agent, or a lessee with formal and legally
sufficient consent of the property owner, and
applications may be made only for special permits
specifically authorized and/or required by this zoning
ordinance generally, or for the district involved.
1304.2. Application forms; supplementary materials.
Applications for special permits shall be made on
forms provided for the purpose and shall be
accompanied by such plans, reports, or other
information, exhibits, or documents as may be
reasonably required to make the necessary findings in
the case.
1304.2.1. Application forms; materials that may be
required.
Where applicable to the activity or development for
which special permit is requested and where necessary
to decision on the application for special permit, any
of the following items may be required:
(a) Statements of ownership and/or control of the
proposed development or activity, executed and sworn
to by the owner or owners of one hundred (100) percent
of the property described in the application, or by
tenant or tenants, with owner's written sworn -to
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