HomeMy WebLinkAboutO-12494City of Miami
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Ordinance: 12494
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0417 Final Action Date: 2/26/2004
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: {1}
"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
City of Miami
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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 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 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 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.
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:
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Conditional Principal uses:
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 within
three hundred (300) feet from the intersections with 7th, 12th or 17th 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 I 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.
5. By Class II Special Permit only, open air sales and other uses not covered in 601.4.1.2.
6. By Class I Special Permit, mass-produced items.
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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 prinicipal 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, not involving mixtures with other uses, minimum lot width shall be 22 feet and
minimum area shall be 2,200 square feet; otherwise, detached single 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) percent of the width of the lot (or depth where such yards adjoin at the
side) may be permitted to cross such yards.
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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. Reserved. Lot Coverage.
Within the SD-1 District, lot coverage shall be as required for C-1.
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.
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. {2}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date
stated, whichever is later.
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