HomeMy WebLinkAboutFR Legislation DRAFTJ-04-011
01/05/04
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6 IN ORDER TO
AMEND SECTION 601 TO ADD A NEW SPECIAL
SUB --DISTRICT ENTITLED SD-1.1 KING HEIGHTS
ORCHARD VILLA SPECIAL DISTRICT, ADDING AN
INTENT STATEMENT AND CREATING SPECIAL
DISTRICT REQUIREMENTS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of December 17, 2003, Item No. 3, following an
advertised hearing, adopted Resolution No. PAB 86-03 by a
vote of six to zero (6-0), RECOMMENDING APPROVAL of amending
Zoning Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful
consideration of this matter deems it advisable and in the
best interest of the general welfare of the City of Miami
and its inhabitants to amend Ordinance No. 11000 as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in
the Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2.
Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:/
"ARTICLE 6. Special Zoning Districts
*
Sec. 601. SD-1 Martin Luther King Boulevard Commercial
District; SD-1.1 King Heights Orchard Villa Special
District.
Sec. 601.1. Intent.
This district is These districts are of special and
substantial public interest because of the need to
develop and redevelop in a manner improving amenity,
efficiency and security. These regulations are intended
to encourage concentrations of commercial and service
facilities at intersections of arterial streets,
encourage residential development above such facilities
and in areas away from such intersections and to
provide the development and design opportunities
inherent in larger site areas, and to provide
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Words and/or figures stricken through shall he deleted.
Underscored words and/or figures shall be added. The remaining
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residential urban infill along with homeownership
opportunities to transform the physical attributes of
the neighborhood.
Sec. 601.2. Effect of SD-1 and SD-1.1 district
designation.
The effect of these SD-1 and SD 1.1 regulations shall
be to establish regulations and to modify regulations
of other zoning districts to the extent indicated.
Sec. 601.3. Class II Special Permit.
601.3.1. When required.
Within the SD-1 District, a A Class I1 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
visible from the right-of-way; 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.
Within the SD-1.1 District, a Class II Special
Permit shall be required prior to approval of any
permit (except special permits pursuant to Article
13) for the erection of any new building visible
from a public street.
provisions are now in effect and remain unchanged. Asterisks
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601.3.2. Considerations in making Class II Special
Permit determinations.
The purpose of the Class II Special Permit shall
be to ensure conformity of the application with
the expressed intent of this district, with the
general considerations listed in Section 1305, and
with the special considerations listed below.
1. All signs, awnings and storefront renovations
shall be of a style and/or size which is
consistent with the existing or adjacent
building styles and/or storefront designs.
2. Wherever feasible, lot frontage along Martin
Luther King Boulevard and Northwest 7th
Avenue should be developed in accord with
design standards and guidelines in the "City
of Miami Primary Pedestrian Pathway Design
Guides and Standards."
Sec. 601.4. SD-1; Principal and accessory uses and
structures; conditional principal and accessory uses
and structures.
Except as required in Section 601.4.1, permitted
principal and accessory uses and structures and
conditional principal and accessory uses and structures
within the SD-1 District shall be as required for C-1.
In addition:
Conditional Principal uses:
indicate omitted and unchanged material.
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Outdoor advertising businesses in SD-1 shall be
permitted only subject to limitations and restrictions
as set forth in Section 10.8.3.
Conditional accessory uses:
Outdoor advertising businesses in SD-1 shall be
permissible as an accessory use to principal commercial
uses only, subject to a Class II Special Permit and
further limited as follows:
a. Signs shall be wall mounted only on side walls of
the existing principal commercial structure and shall
not be freestanding;
b. Signs shall be limited to one sign per structure
only;
c. Sign area shall be limited to no greater than
thirty-two (32) square feet;
d. Permissible sign area may only be utilized on a
commercial structure which has the allowable thirty-two
(32) square feet of sign area unused from the total
permissible wall sign area for the structure in
question; see Article 10 for specific sign regulations
and method of calculations; and
e. Such signs may either be painted or mounted onto
the subject wall.
601.4.1. Limitation on uses in SD-1.
601.4.1.1. Limitations on uses near specified
intersections of arterial streets. Lots with
frontage on Martin Luther King Boulevard,
where the front abutting lot line is entirely
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within three hundred (300) feet from the
intersections with 7th, 12th or l7th Avenues
North, at least fifty (50) percent of ground
level frontage on the boulevard shall be used
for retail or office uses.
601.4.1.2. Limitations on outdoor uses. All
commercial, sales, display and service
activities shall be within completely
enclosed buildings except for plant
nurseries; outdoor dining areas; arts and
crafts exhibits, including demonstrations and
performances; flowers; plants and shrubs;
objects of art; and handicrafts; mass-
produced items under certain conditions; and
by Class I Special Permit, produce and foods.
601.4.2. Permitted only by special permit.
Uses and structures permitted for the SD-1
District shall be as for C-1. In addition:
1. By Class 1 Special Permit only,
establishments for sale of secondhand
merchandise.
2. By Special Exception only, bars, saloons,
taverns, private clubs, lodges, supper clubs,
nightclubs, fraternity or sorority houses,
pool and/or billiard halls.
3. By Class I Special Permit only, parking
garages and commercial parking lots and
temporary revival churches.
4. By Special Exception only, rescue missions.
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5. By Class II Special Permit only, open air
sales and other uses not covered in
601.4.1.2.
6. By Class 1 Special Permit, mass-produced
items.
Sec. 601.5. Reserved. SD-1.1; Principal and accessory
uses and structures; conditional principal and
accessory uses and structures.
Except as required in Section 601.5.1, permitted
principal and accessory uses and structures and
conditional principal and accessory uses and
structures within the SD-1.1 District shall be as
required for R-3.
601.5.1. Limitation on uses in SD-1.1.
Notwithstanding the permissible uses listed in the
R-3 District, the following uses shall be
prohibited in the SD-1.1 District:
1. Community Based Residential Facilities.
Sec. 601.6. Minimum lot requirements.
Minimum lot requirements shall be as follows:
1. For individually platted attached single family
residential uses within the SD-1.1 District only,
n t involving mixtures with other uses, minimum
lot width shall be 22 feet and minimum area shall
be 2,200 square feet; otherwise, detached single
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family homes and other uses shall be as required
for the R-1 district.
2. For the SD-1 District and other uses, minimum lot
requirements shall be as required for C-1.
Sec. 601.7. Floor area limitations.
Limitations in floor area in the SD-1 District shall be
as required for C-1.
Limitations in floor area in the SD-1.1 District
shall be 0.85 times the gross lot area.
Sec. 601.8. Minimum open space, green space, setback
and yard requirements.
601.8.1. Within the SD-1 district, minimum open
space requirements shall be as follows:
1. For residential uses, without mixtures of
other uses, as required for R-1.
2. For nonresidential or mixed uses: front yard,
street side yards: Front and side street
yards shall be ten (10) feet, except adjacent
to Martin Luther King Boulevard where a front
yard not less than ten (10) nor more than
seventy-five (75) feet in depth shall be
provided. Similar yards shall be required
where sides of lots adjoin streets
intersecting Martin Luther King Boulevard in
the area described at section 601.4.1.1. All
such yards shall be landscaped and may be
used for offstreet parking, but driveways
equal in maximum width to twenty-five (25)
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percent of the width of the lot (or depth
where such yards adjoin at the side) may be
permitted to cross such yards.
601.8.2. Within the SD-1.1 District, the following
limitations shall apply:
Minimum green space requirements shall be 0.15
times the net lot area.
Setbacks shall be as follows:
For residential uses, setbacks shall be as
follows:
Front for only residential uses - 10 feet - except
that porches and stoops may encroach up to 8 feet;
Front for individually platted attached
residential uses with home occupation spaces
located at the ground floor; 0 feet;
Side for only residential uses - 5 feet;
Side for individually platted attached residential
uses with home occupation spaces located at the
ground floor; 0 feet;
Side for attached single family residential uses
that are individually platted - 0 feet;
Rear - 5 feet for all conditions.
Sec. 601.9. Reccrved. Lot Coverage.
Within the SD-1 District, lot coverage shall be as
required for C-1.
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Within the SD-1.1 District, lot coverage shall be
allowed up 0.5 times the gross lot area.
Sec. 601.10. Minimum offstreet parking.
For the SD-1 District Minimum offstreet parking shall
be as required for C-1.
For the SD-1.1 District Minimum offstreet parking
shall be as required for R-3, except that
additional visitor spaces shall not be required.
Sec. 601.11. Limitations on signs.
See Article 10 for sign regulations and limitations for
the SD-1 District. Limitations on signs for the SD-1.1
District shall be as for R-3 except that home
occupations located on the ground floor of individually
platted attached residential units shall be allowed two
square feet of signage for such home occupation uses.
*
* *1f
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4.
If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance
shall not be affected.
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Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption.
PASSED ON FIRST READING BY TITLE ONLY this day
of , 2004.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this
day of , 2004.
MANJEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
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This Ordinance shall become effective as specified unless vetoed
by the Mayor within ten days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated, whichever is later.
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