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ZONING § 401
Convalescent homes., nursing homes, institutions for the aged or infirm and orphanages:
Same as required in R-3 district.
For lodgings: Two (2) parking spaces for every three (3) lodging units.
Places of worship: As for G/I. A reduction of up to twenty-five (25) percent in required
offstreet parking shall be permissible by Special Exception, provided findings are
made that clearly show such reduction is reasonable based on such factors as facility
proximity to mass transit, facility visitation policy, possible negative impact on the
neighborhood, and the like.
Offstreet Loading Requirements:
Same as for R-3 Multifamily Medium -Density Residential.
Sign Regulations:
See Article 10 for sign regulations and limitations.
0 Office.
Intent and Scale:
The office category allows structures used as permanent and transitory residential facilities
such as hotels and motels, general office uses, clinics and laboratories and limited commercial
activities incidental to principal uses, limited services and supporting facilities such as
auditoriums, libraries, convention facilities, places of worship, and primary and secondary
schools may also be allowed, and mixed residential -office uses. Where office and residential
uses are on the same premises or in the same building, access and facilities shall be so
separated and such additional safeguards shall be provided as to protect security and privacy
for residential occupants.
Intensity:
For residential uses: As for R-4.
For office uses:
Minimum lot size: Twenty thousand (20,000) square feet.
Setbacks: Front - ten (10) feet; side - ten (10) feet, or the same as the abutting zoning
district, whichever is greater; rear - ten (10) feet, or the same as the abutting
zoning district, whichever is greater; the maximum height of a building at the
base building line is equal to the sum of the right-of-way plus the two (2) front
setbacks on either side of the right-of-way or one hundred twenty (120) feet,
whichever is greater. Portions of buildings above that height, shall set back one
(1) additional foot per each foot in height, except in lots with multiple street
frontages where this additional setback applies to frontage on arterials and
collectors only.
Minimum lot width: One hundred (100) feet.
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§ 401 MIAMI, FLORIDA
Height: Unlimited.
Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross
lot area.
Building footprint: Maximum of four -tenths (0.40) times the gross lot area.
Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area.
Permitted Principal Uses:
As for R-4 and in addition:
1. Offices not selling merchandise on the premises.
2. Medical or dental offices.
3. Medical and dental laboratories, and clinics.
4. Financial Institutions.
5. Post -secondary public or private educational facilities.
6. Federal, state and local government offices.
7. Health spa or studio:
a. Health studios or spas under twenty-five thousand (25,000) square feet may be
located anywhere within a building.
b. Health studios or spas twenty-five thousand (25,000) square feet in size and
larger may be located only on the ground level.
Permitted Accessory Uses:
Same as for R-3 and in addition:
1. Wet dockage or moorage parallel to the shoreline for one (1) row for private pleasure
craft.
2. Cellular communications site provided that the miscellaneous antennas and all of its
appurtenances: (1) shall not be visible from ground from a maximum distance of six
hundred (600) feet; screening from ground view may be provided by a parapet or some
other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the
roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not
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ZONING § 401
exceed three (3) separate areas per roof top; (5) shall be installed and maintained in
accordance with all applicable Code requirements; and (6) shall not be located on
buildings or structures thereon of less than forty-five (45) feet in height.
Notwithstanding the above, if the transmission tower is used in connection with a
cellular communications site, the transmission tower shall be by Special Exception
only. The transmission tower and anchoring devices, if directly -abutting a residential
district must: (1) be located in the interior side or rear yard of the property; (2) meet
minimum setback requirements; (3) be securely anchored, installed and maintained in
accordance with all applicable codes; (4) not exceed a maximum height of one hundred
and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer.
A Special Exception shall not be required if the antennae are located on a self-
supporting pole (in lieu of a transmission tower) of not more than one hundred (100)
feet in height.
Conditional Principal Uses:
Same as for R-3 and in addition:
1. Group homes by Special Exception.
2. Foster care homes by Special Exception.
3. Community based residential facilities pursuant to section 934 are permitted only by
Special Exception with city commission approval.
4. Privately owned and/or operated recreational buildings and facilities by Special
Exception.
5. Playgrounds, playfields, parks by Special Exception.
6. Facilities privately owned and used for garden, service, civic or private clubs or lodges
(not for profit) by Special Exception.
7. Commercial parking lots only by Special Exception.
Conditional Accessory Uses:
Same as for R-4 and in addition:
Uses and structures which are customarily incidental and subordinate to conditional
principal uses and structures, including specifically:
1. Drive -through banking facilities, only by Special Exception with city commission
approval.
2. Helistops only by Special Exception with city commission approval and subject to
requirements and limitations in section 933.
3. Commercial marina by Special Exception only.
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§ 401 MIAMI, FLORIDA
Offstreet Parking Requirements:
Offices and other nonresidential uses: One (1) space per three hundred fifty (350) square feet
of gross floor area.
Lodgings: One (1) space per every two (2) lodging units.
Multifamily residential uses:
One (1) space for each efficiency/one-bedroom unit.
Two (2) spaces for each two -bedroom unit or each three -bedroom unit.
Three (3) spaces for each unit with more than three (3) bedrooms. In addition, one (1)
space for every ten (10) units or portion thereof designated for visitors.
Adult care: 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 establish-
ments shall provide safe and convenient facilities for loading and unloading clients
including one (1) unloading space for every ten (10) clients cared for.
Child care: One (1) space 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 including one (1) unloading
space for every ten (10) children cared for.
Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as required in R-3 district.
Places of worship: As for G/I. A reduction of up to twenty-five (25) percent in required
offstreet parking shall be permissible by Special Exception, provided findings are made
that clearly show such reduction is reasonable based on such factors as facility
proximity to mass transit, facility visitation policy, possible negative impact on the
neighborhood, and the like.
Offstreet Loading Requirements:
For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred
thousand (500,000) square feet of gross building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet;
First berth for gross building area up to fifty thousand (50,000) gross square feet;
Second berth for gross building area of fifty thousand (50,000) up to one hundred
thousand (100,000) gross square feet;
Third berth for gross building area of one hundred thousand (100,000) up to two
hundred fifty thousand (250,000) gross square feet;
Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five
hundred thousand (500,000) gross square feet;
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ZONING § 401
For buildings with square footage in excess of five hundred thousand (500,000) square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet;
In addition to the requirements set forth above, there shall be one (1) berth for every
five hundred thousand (500,000) gross square feet of building area.
By Class I Special Permit, one (1) larger (six hundred sixty (660) square feet) loading space
may be replaced by two (2) of the smaller (four hundred twenty (420) square feet)
loading spaces as dictated by needs of the individual project.
Sign Regulations:
See Article 10 for sign regulations and limitations.
G/1 Government and Institutional.
Intent and Scale:
The government/institutional category allows the development of facilities for federal, state
and local government activities, major public or private health, recreational, cultural, religious
or educational activities, major transportation facilities, public utilities, and public and private
cemeteries. Residential facilities ancillary to these uses are allowed to a maximum density
equivalent to R-4, subject to the same limiting conditions.
Intensity:
For residential uses: As for R-4.
For all other uses: As for Office.
Permitted Principal Uses:
Same as for .O and in addition:
(With the exception of adult and child daycare centers, any change to introduce a new
principal use or any additions over twenty (20) percent of any existing use shall be allowed by
Special Exception only.)
1. Auditoriums, libraries, museums and galleries related to the fine arts; neighborhood or
community centers.
2. Financial institutions, provided that drive -through facilities shall be permitted only by
special permit, as indicated below.
3. Adult and child daycare centers, subject to the requirements of sections 935 and 936.
4. Hospitals.
5. Offices, business and professional (other than those selling merchandise on the
premises), clinics (other than veterinary); studios; medical laboratories.
6. Places of worship.
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§ 401 MIAMI, FLORIDA
7. Schools, post -secondary public or private educational facilities, colleges and universi-
ties, public and private, including business colleges, trade schools (except those having
external evidence of activities of an industrial nature), conservatories, dancing schools.
8. Structures and uses other than those listed above required for performance of a
governmental function, except as specified below.
9. Structures and uses relating to operation of public utilities and requiring locations
within the district (other than aboveground lift stations, electrical substations,
line -of -sight relay devices for telephonic, radio or television communication, and the
like, which shall require special permits as indicated below); railway rights -of -way and
tracks, but not railroad yards, storage or warehousing, switching or shops; provided
that no such public utility use shall involve extensive storage or have storage as its
primary purpose.
10. Foster care homes.
11. Group homes.
12. Cemeteries.
13. Convalescent homes, nursing homes, institutions for the aged or infirm and orphan-
ages.
14. Pharmaceutical laboratories.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted
principal uses and structures.
Conditional Principal Uses:
1. Jails, detention facilities, work camps by Special Exception with city commission
approval.
2. Public incinerators (except for forensic incinerators), solid waste facilities of any type
by Special Exception with city commission approval.
3. Community based residential facilities only by Special Exception, subject to the
requirements and limitations of section 934.
4. Commercial parking lots or parking garages only by Special Exception.
5. Convenience commercial and service facilities, including restaurants, as principal or
accessory uses only by Class II Special Permit, and only when located, oriented and
scaled to serve needs within the district.
6. Facilities privately owned and used for garden, service, civic or private clubs or lodges
(not for profit) only by Special Exception.
7. In connection with public utilities, aboveground lift stations, electrical substations,
line -of -sight relay devices for telephonic, radio or television communication and the
like shall be permitted only by Class II Special Permit.
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8. Local stations for mass transit facilities (other than bus stops) only by Special
Exception.
9. Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception
with city commission approval.
10. Major sports facilities by Major Use Special Permit only.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional
principal uses and structures, including specifically:
1. Limited retail uses which are intended to serve the retailing and personal service
needs of the governmental/institutional use. Such uses may be allowed up to ten (10)
percent of the gross square footage of such structures by Class II Special Permit.
2. Forensic incinerators only by Special Exception, subject to all applicable local, state
and federal laws.
3. Helistops only by Special Exception with city commission approval and subject to
requirements and limitations in section 933.
4. Accessory convenience establishments subject to the requirements and limitations of
section 906.7, Convenience establishments as accessory to residential or office uses.
5. Accessory thrift shop establishments, which retail secondhand items and which do not
exceed ten (10) percent of the primary use and are operated by religious or nonprofit
organizations, only by Class II Special Permit.
6. Drive -through service facilities, with the exception of drive -through facilities for
financial institutions, shall be permitted only by Class II Special Permit (see section
931), subject to reservoir requirements established in section 931.2. Drive -through
facilities for financial institutions only by Special Exception with city commission
approval and subject to reservoir requirements established in section 931.2.
7. Temporary special events involving outdoor gatherings at churches, schools and the
like, or in connection with opening ceremonies or special promotions, to the extent not
otherwise licensed, regulated and controlled under other regulations of the city, shall
be permitted only by Class I Special Permit and subject to conditions established in
section 906.9.
8. Aluminum recycling machine, by Class I Special Permit and subject to the require-
ments and limitations of section 940.
Offstreet Parking Requirements:
For residential use: As required in R-4.
For nonresidential uses: One (1) space for each three hundred (300) square feet of proposed
gross floor area except as specified below.
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§ 401 MIAMI, FLORIDA
For libraries, art galleries, museums, neighborhood centers, recreational centers, mausole-
ums: One (1) space for each four hundred (400) square feet of gross floor area.
Places of worship, in auditoriums, chapels and other rooms for general assembly, excluding
classrooms and other areas not for general assembly: One (1) space for each five (5)
fixed seats and for each fifty (50) square feet of area for movable seats.
For schools, colleges and universities:
Kindergarten through grade nine (9): One (1) space per classroom, plus one (1) space
for each sixteen (16) fixed seats and/or for each one hundred twenty (120) square
feet of area for movable seats, in auditoriums and other assembly rooms.
Grades ten (10) through twelve (12); colleges and universities: One (1) space per
classroom, plus one (1) space for each eight (8) fixed seats and/or for each eighty
(80) square feet of area for movable seats, in auditoriums and other assembly
rooms.
For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as required in R-3 district.
Sign Regulations:
See Article 10 for sign regulations and limitations.
C-1 Restricted Commercial.
Intent and Scale:
The restricted commercial category allows structures used as any type of residential facility
except for rescue missions, to a maximum density equivalent to R-4, subject to the same
limiting conditions; any activity included in the office designation, commercial marinas and
living quarters on vessels with specific limitations, and mixed -use or commercial activities
which generally serve the daily retailing and service needs of the public, typically requiring
easy access by pedestrians and private automobiles. 'This category is located preferably in
areas directly served by arterial or collector roadways, or directly accessible via mass
transportation system.
Intensity:
Minimum lot size: Five thousand (5,000) square feet.
Setbacks: Front - ten (10) feet; side - no setback required or the same as the abutting
district, whichever is greater; rear - ten (10) feet, or the same as the abutting district,
whichever is greater; the maximum height of a building at the base building line is
equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the
right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of
buildings above that height shall set back one (1) additional foot per each foot in
height, except in lots with multiple street frontages where this additional setback
applies to frontage on arterials and collectors only.
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ZONING § 401
Minimum lot width: Fifty (50) feet.
Height: Unlimited.
Floor area ratio: Maximum of one and seventy-two hundredths (1.72) times the gross lot
area.
Building footprint: Maximum of four -tenths (0.40) times the gross lot area.
Green space: Minimum of one -tenth (0.10) times the gross lot area.
Permitted Principal Uses:
Except as may be otherwise provided herein, within this district all commercial, office, sales,
display and service activities shall be conducted within completely enclosed buildings, except
in connection with outdoor eating areas, automobile sales lots, plant nurseries or commercial
parking lots, or as approved in connection with special permits; otherwise, there shall be no
unenclosed storage or display of merchandise, materials, or equipment. No wholesaling or
jobbing shall be conducted from within the district. No merchandise shall be stored other than
that to be sold at retail on the premises, and no such storage shall be visible from public
rights -of -way. No off -premises storage of merchandise shall be permitted within the district.
Same as for 0 district and in addition:
1. Financial institutions.
2. Clinics, studios, including radio and television broadcasting, medical laboratories,
travel agencies, ticket agencies.
3. Private clubs, lodges, fraternities, sororities and the like.
4. Residence hotels; lodginghouses; tourist homes; and guest homes, with quarters rented
for periods of one (1) week or more, hotels and other transient facilities.
5. Restaurants, tearooms, cafes, except drive-in.
6. Retail establishments for sale of groceries, wearing apparel, photographic and hobby
supplies, antiques, toys, sundries, bookstores, music stores, florists; delicatessens,
meat markets, bakeries, confectioneries, ice cream stores; drugstores; gift shops;
hardware stores; variety stores; stores for television, radio and other electronic
appliances, videotape sales and rentals, jewelry stores (except pawnshops); art stores;
package liquor stores (without drive-in facilities), home furnishings and appliances,
office furnishings, equipment and supplies, floor covering; leather goods, luggage,
sporting goods, bicycles; garden supply establishments; paint and wallpaper stores.
Rental of formal attire and hospital equipment. Repair and incidental assembly are
permitted as accessory, but not principal uses. Aside from antique art, jewelry and
bookstores and stores renting formal attire and hospital equipment, no such retail
establishment shall deal in secondhand merchandise.
7. Public and private primary and secondary schools.
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§ 401 MIAMI, FLORIDA
8. Post -secondary public and private educational facilities, business and trade schools,
except those with external evidence of activities of an industrial nature.
9. Service establishments, including photographic studios, interior decorators, letter,
photostating or duplicating services, locksmiths, barber and beauty shops; shoe repair;
tailoring; dressmaking, millinery and drapery fabrication, except where products are
for off -premises sale; coin -operated laundry and dry cleaning facilities with rated
capacity limited to one thousand (1,000) pounds total for laundry, and one hundred
(100) pounds total for noncoin-operated dry cleaning, laundry and dry cleaning
agencies or establishments.
10. Driving school agencies.
11. Mortuaries or funeral homes with not to exceed two (2) retorts as an accessory use.
12. Printing incidental to a permitted principal use, blueprinting and the like; photo-
graphic development laboratories.
13. Theaters (other than drive-in).
14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but
not secondhand merchandise otherwise.
15. Parking lots, parking garages.
16. Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper
clubs, cafes or private clubs.
17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equip-
ment and accessories; for sale of new boats, marine motors, parts, equipment and
accessories; for sale of pets and pet supplies, plant nurseries, building supply stores.
Aside from plant nurseries, car sales and commercial parking lots, all commercial
sales, display and service activities shall be within fully enclosed buildings. Aside from
antique shops, art shops, jewelry and bookstores, and stores renting formal attire and
hospital equipment, no such retail establishment shall deal in secondhand merchan-
dise.
18. Bible study classes, but excluding all religious rites, sacraments and ceremonies
typically performed in a house of worship.
19. Housebarges are prohibited.
20. Cellular communications site provided that the miscellaneous antennas and all of its
appurtenances: (1) shall not be visible from ground from a maximum distance of six
hundred (600) feet; screening from ground view may be provided by a parapet or some
other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the
roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not
exceed three (3) separate areas per roof top; (5) shall be installed and maintained in
accordance with all applicable Code requirements; and (6) shall not be located on
buildings or structures thereon of less than forty-five (45) feet in height.
Notwithstanding the above, if the transmission tower is used in connection with a
cellular communications site, the transmission tower shall be by Special Exception
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ZONING § 401
only. The transmission tower and anchoring devices, if directly -abutting a residential
district must: (1) be located in the interior side or rear yard of the property; (2) meet
minimum setback requirements; (3) be securely anchored, installed and maintained in
accordance with all applicable codes; (4) not exceed a maximum height of one hundred
and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer.
A Special Exception shall not be required if the antennae are located on a self-
supporting pole (in lieu of a transmission tower) of not more than one hundred (100)
feet in height.
21. Employment offices, subject to city commission approval.
22. State of Florida licensed franchise motor vehicle dealers; including the sales of new
cars. Other uses maintained and operated in direct association with the new car sales
operation and which are customarily incidental and subordinate to the sales of new
cars by such dealers are also included as follows; subject to the specified conditions and
limitations:
(1) Used car sales, enclosed and unenclosed, shall be limited to twenty (20) percent
of the dealership's net lot area dedicated to car sales.
(2) The unenclosed sale of new or used cars along the frontage of arterial roadways
shall only be permitted where an enclosed showroom or other dealership
building(s) are located on the same site.
(3) Sales of auto parts shall be in enclosed buildings, limited to ten (10) percent of the
dealership's net lot area dedicated to car sales.
(4) Minor automotive services and repairs in enclosed buildings, as defined in section
2502, are included. Additionally, major automotive services and repairs in
enclosed buildings, as defined in section 2502, are included, except that no paint
and bodywork, straightening of frames or body parts, welding and other work
involving undue noise, glare, fumes or smoke shall be included on any part of the
facility zoned C-1.
(5) Storage of wrecked automobiles not in operating condition and operations of a
commercial garage or commercial parking lot as incidental uses, is prohibited.
Permitted Accessory Uses:
Same as for 0 district and in addition:
Uses and structures which are customarily incidental and subordinate to permitted
principal uses and structures.
Conditional Principal Uses:
Same as for 0 district and in addition:
1. Commercial marinas, boat rentals and piers only by Special Exception, subject to the
requirements of section 924; provision for occupancy of commercial, scientific, official
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§ 401 MIAMI, FLORIDA
vessels and private pleasure craft as temporary living quarters (maximum stay: seven
(7) days) may be specified and included in the grant of special exception, except in the
Little River Canal.
2. Community based residential facilities for more than fifty (50) clients, only by Special
Exception with city commission approval, subject to the requirements and limitations
of section 934.
3. Drive -through facilities for financial institutions only on property with two (2) street
frontages or if on one (1) street, access and egress driveways are located at least one
hundred fifty (150) feet apart, only by Special Exception with approval by the city
commission and subject to reservoir requirements of section 931.2.
4. Other drive -through facilities, including eating and drinking establishments, only by
Class II Special Permit, subject to the requirements of section 931.
5. Except where specifically permitted in connection with commercial marinas under the
provisions of Special Exception as indicated above, occupancy of private pleasure craft
as living quarters shall be allowable only by Special Exception, and each such
occupancy of private pleasure craft as living quarters shall be allowable only by Special
Exception with city commission approval.
6. Automotive service stations, auto care service centers (within completely enclosed
buildings) and car washes, as defined in article 25, only by Class II Special Permit,
subject to the requirements and limitations of sections 930 and 931.
7. Bars, saloons, taverns, and supper clubs, only by Special Exception.
8. Privately owned and/or operated recreation buildings and facilities, playgrounds,
playfields, parks, beaches, neighborhood centers, auditoriums, libraries, art galleries,
museums and the like; private clubs, lodges, fraternities, sororities and the like
operated for profit, commercial recreation establishments including pool halls and
billiard parlors, bowling alleys, shuffleboard courts, miniature golf course, driving
ranges, archery ranges, trampoline centers, game rooms, banquet halls and dance
halls by Class I Special Permit only.
9. Cigar manufacturing, hand process, and sewing shop by Class II Special Permit only.
10. Adult daycare facilities, subject to the requirements and limitations of section 935, by
Special Exception.
11. Convalescent homes by Special Exception.
12. Nursing homes and institutions for the aged or infirm by Special Exception.
13. Orphanages by Special Exception.
14. Child daycare centers, subject to the requirements and limitations of section 936, Class
I Special Permit.
15. Temporary revival churches by Class I Special Permit.
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16. Ambulance service, by Special Exception; expansion of existing ambulance service by
Class II Special Permit.
17. Veterinary or animal clinics as defined in article 25 shall be permitted by Special
Exception only.
18. Swimming pool supplies and equipment by Special Exception.
19. Sewing shops by Class II Special Permit if for ten (10) or fewer machines, by Special
Exception if for more than ten (10) machines.
20. Private express delivery services by Class II Special Permit.
21. Sales of used automobiles by Special Exception only.
22. Hiring halls or labor pools by Special Exception only, and subject to city commission
approval.
23. Discount membership merchandisers, as defined and conditioned in sections 944 and
2502 and subject to the requirements of Special Exception regulations and require-
ments set forth in Article 16.
24. Coin -operated laundry and dry cleaning facilities with rated capacity over one
thousand (1,000) pounds total for laundry, and over one hundred (100) pounds total for
dry cleaning, laundry and dry cleaning agencies or establishments, by Special
Exception.
25. Rental -purchase stores by Class II Special Permit. Their location shall be restricted to
primary arterial roadways as defined in the Dade County Comprehensive Plan.
26. Public storage facilities, by Special Exception, subject to applicable regulations set
forth in section 946 of this ordinance.
27. Vehicle rental facilities, by Special Exception subject to applicable regulations set forth
in section 947 of this ordinance.
28. Pharmaceutical laboratories only by Special Exception subject to requirements and
limitations set forth in section 945.
29. Processing, packaging, handling, distribution and wholesale and retail sales of seafood
by Class II Special Permit only and only when such uses are conducted from properties
which immediately abut the Miami River. The Class II Special Permit shall ensure
compliance with the general and special considerations outlined in section 604.3.2.
30. Sales of fresh flowers from mobile vending carts placed in open space areas by Class II
Special Permit and subject to compliance with Coconut Grove Right -of -Way Vending
Cart Guides and Standards.
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§ 401 MIAMI, FLORIDA
Conditional Accessory Uses:
Same as for 0 district and in addition:
Uses and structures which are customarily incidental and subordinate to conditional
principal uses and structures, including specifically:
1. Temporary special events involving outdoor gatherings at churches, schools and the
like, or in connection with opening ceremonies or special promotions, to the extent not
otherwise licensed, regulated and controlled under other regulations of the city, only by
Class I Special Permit (see section 906.9).
2. Wet dockage or moorage of major private pleasure craft in numbers greater than
permitted generally shall be permitted only by Special Exception.
3. Drive -through facilities for financial institutions only by Special Exception with city
commission approval.
4. Sale of used automobiles which may or may not be on the same premises or block as
the principal use but clearly accessory to new automobile sales by Special Exception
only, subject to a limit of thirty (30) percent of the building frontage on a block or ten
(10) percent of the square footage of the dealership. Enclosure may be waived for a
five-year period; the grant of Special Exception will expire if the use is not enclosed at
the end of the period. No application for a variance will be accepted.
5. Christmas tree sales only by Class I Special Permit on a vacant lot or portion of a lot
not reserved for other purposes (i.e., parking) and withnotice to adjacent and
immediate (across the street) property owners.
6. Sales of other goods pertaining to a national legal holiday by Class I Special Permit.
7. Helistops only by Special Exception with city commission approval and subject to
requirements and limitations in section 933.
8. For waterfront property only, wet dockage or moorage of major private pleasure craft
not exceeding two (2) per dwelling unit for the first ten (10) dwelling units, plus one (1)
for each five (5) additional dwelling units.
9. Aluminum recycling machine, by Class I Special Permit and subject to the require-
ments and limitations of section 940.
10. In conjunction with the conditional principal use specified in no. 29 above, and subject
to the same Class II Special Permit, including the considerations outlined in section
604.3.2., the following accessory uses may be conducted; offloading and unloading of
seafood from boats; storage of seafood fishing equipment; and containerized storage of
seafood.
Supp. No. 11
126
•
•
•
ZONING § 401
11. Outdoor advertising businesses shall be permissible as an accessory use to principal
commercial uses only, subject to a Class II Special Permit and further limited as
follows:
a. Signs shall be wall mounted only on side walls of the existing principal
commercial structure;
b. Signs shall be limited to one sign per structure only and shall not be freestanding;
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.
Offstreet Parking Requirements:
For residential use: Same as for R-4 Multifamily High -Density Residential.
For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages:
Same as for R-4 Multifamily High -Density Residential.
For nonresidential use:
One (1) space per one hundred fifty (150) square feet of gross floor area for barber and
beauty shops.
One (1) space per each five (5) fixed seats, and per each fifty (50) square feet of gross
floor area for movable seats, for Bible study classes, meeting halls and places of
general assembly, excluding classrooms and other areas not for general assembly.
One (1) space per every one hundred (100) square feet of gross floor area, for
restaurants and banquet halls, bars, saloons, private clubs and lodges.
One (1) space per every one hundred (100) square feet of gross floor area, for game
rooms, pool and billiard halls and other similar establishments.
One (1) space per every two hundred and fifty (250) square feet of gross floor area, for
discount membership merchandisers.
Except as requiredabove, one (1) space per three hundred (300) square feet of gross
floor area for other nonresidential uses.
For commercial marinas: Parking needs for automobiles and boat trailers to be determined
for a specific project by Special Exception, but not less than five (5) spaces plus one (1)
space for each two (2) boats, sixteen (16) feet or more in length, to be accommodated.
For dry dockage or boat racks: Five (5) spaces plus one (1) for each three (3) boats.
For lodgings: Two (2) parking spaces for every three (3) lodging units.
Supp. No. 11
127
§ 401 MIAMI, FLORIDA
Offstreet Loading Requirements:
For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred
thousand (500,000) square feet of gross building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet;
First berth for gross building area up to fifty thousand (50,000) gross square feet;
Second berth for gross building area of fifty thousand (50,000) up to one hundred
thousand (100,000) gross square feet;
Third berth for gross building area of one hundred thousand (100,000) up to two
hundred fifty thousand (250,000) gross square feet,
Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five
hundred thousand (500,000) gross square feet;
For buildings with square footage in excess of five hundred thousand (500,000) square feet:
Berth minimum dimension to be twelve (12) by fifty-five (55). feet;
In addition to the requirements set forth above, there shall be one (1) berth for every
five hundred thousand (500,000) gross square feet of building area.
By Class I Special Permit one (1) larger (six hundred sixty (660) square feet) loading space
may be replaced by two (2) of the smaller (four hundred twenty (420) square feet)
loading spaces as dictated by needs of the individual project.
Sign Regulations:
See Article 10 for sign regulations and limitations.
C-2 Liberal Commercial.
Intent and Scale:
The liberal commercial category allows commercial activities which serve the needs of other
businesses, require extensive loading facilities, and often benefit from proximity to industrial
areas. The district is also intended to allow a mix of office with retail uses. Hotels, motels,
rescue missions and residential facilities of a density equal to R-3 or higher are the only
residential uses allowed in this district. The district permits four (4) types of uses which
distinguish C-1 from C-2, including wholesaling, light assemblage, secondhand merchandise
sales and other outdoor sales.
Intensity:
Minimum lot size: Ten thousand (10,000) square feet.
Setbacks: Front - no setback required; side - no setback required, or the same as the
abutting district, whichever is greater; rear - ten (10) feet, or the same as the abutting
district, whichever is greater.
Minimum lot width: One hundred (100) feet.
Supp. No. 11
128
•
•
ZONING § 2502
ARTICLE 25. DEFINITIONS
Sec. 2500. General definitions.
For the purpose of this zoning ordinance, certain terms or words used herein are defined and
shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or
corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and
the plural number includes the singular.
The word "shall" is mandatory. The word "may" is permissive.
The words "used" or "occupied" include the words "intended," "designed," or "arranged to be
used or occupied."
The word "lot" includes the words "plot," "parcel," or "tract."
The word "structure" includes the word "building" as well as other things constructed or
erected on the ground, attached to something having location on the ground, or requiring
construction or erection on the ground.
The word "land" includes the words "water," "marsh" or "swamp."
Sec. 2501. Citation to specific definitions.
Because future amendment of this zoning ordinance will sometimes require the addition of
new definitions, changes in existing definitions, or deletion of definitions, the specific
definitions of section 2502 of this ordinance are not numbered and are, and are to be, listed in
alphabetical order. Citations are to be made to section 2502 of this ordinance and the specific
definition involved.
Sec. 2502. Specific definitions.
Abutting. To reach or touch; to touch at the end or be contiguous with; join at a border or
boundary; terminate on. The term implies a closer proximity than the term "adjacent." No
intervening land.
Accessory banking. A banking service(s) office, which may or may not include automated
teller machines, however, not including drive through services of any kind.
Accessory use or structure. An accessory use or structure is a use or structure customarily
incidental and subordinate to the principal use or structure and, unless otherwise specifically
provided, located on the same premises. "On the same premises" shall be construed as meaning
on the same lot or on a contiguous lot in the same ownership. Where a building is attached to
the principal building, it shall be considered part thereof, and not an accessory structure.
Actual construction. See Construction, actual.
Supp. No. 5 683
§ 2502 MIAMI, FLORIDA
Adjacent. Lying near or close to; sometimes, contiguous; neighboring. The term implies that
the two (2) objects are not widely separated, though they may not actually touch.
Adult. An adult is a person eighteen (18) years of age or older.
Adult daycare center. A facility which provides limited supervision and basic services on a
part-time basis by day or evening, but not overnight, to three (3) or more adults generally aged
sixty (60) years and over other than the family/employee occupying the premises, who cannot
perform one (1) or more aspects of daily living. The term does not include community based
residential facilities, group homes, nursing home facilities or institutions for the aged.
Adult entertainment or service establishment. An adult entertainment or adult service
establishment is one which sells, rents, leases, trades, barters, operates on commission or fee,
purveys, displays, or offers only to or for adults products, goods of any nature, images,
reproductions, activities, opportunities for experiences or encounters, moving or still pictures,
entertainment, and/or amusement distinguished by purpose and emphasis on matters depict-
ing, describing, or relating by any means of communication from one (1) person to another to
"specified sexual activities" or "specified anatomical areas" as herein defined. An adult
entertainment or adult service establishment is not open to the public generally but only to one
(1) or more classes of the public, excluding any person under eighteen (18) years of age. It is the
intent of this definition that determination as to whether or not a specific establishment or
activity falls within the context of regulation hereunder shall be based upon the activity
therein conducted or proposed to be conducted as set out above and in these regulations and
shall not depend upon the name or title of the establishment used or proposed. Thus, the terms
"adult bookstore," "adult massage parlor," "adult motion picture theater," "adult private
dancing," and "adult escort service" are encompassed within this definition of "adult enter-
tainment or services," but the term "adult entertainment or adult services" is not to be deemed
limited by the enunciation of specific activities listed before.
Adult massage parlor. See Adult entertainment or service establishment.
Adult motion picture theater. See Adult entertainment or service establishment.
Adult private dancing. See Adult entertainment or service establishment.
Affordable housing. Housing with a retail sales price not in excess of ninety (90) percent of
current median Dade County new housing sales price, or rental housing rates (project average)
not in excess of thirty (30) percent of the gross median Dade County monthly income.
Airport. An area where aircraft can land and take off, usually equipped with hangars,
facilities for refueling/repairs, and passenger facilities.
Alley. An alley is any thoroughfare or passageway (not officially designated as a street)
designated as an alley by a recorded plat, deed, or legal instrument, to be a secondary means
of vehicular access to the rear or side of properties otherwise abutting on a street.
Alterations, structural. Structural alterations are any change, removal, replacement,
reinforcement or addition of beams, ceiling and floor joists, reinforced concrete floor slabs
Supp. No. 5
684
is
subs, of ply
G �'
ses ttt �' stt�a
,ply�js r � of avt
1111111°1°.1°-
4,An1Srog,1.04
§ 2602
I4� 1 °.Ne eeae
Zo rs)se or sell
etat'°nox a pflvat
vseatA �°r � ns an
of �eerr°�etre a�uacessb aa� Ys•°�,'t�eoaoe
es`Nr'crg serve
file ess stew llector �° reeds of ns toa vs a
.es • merit facilities.
ocLt steas,'asNong aster'r, o the ova sav4 ate iota intended to be
:ntert stoma e� �Y iota uses fir' by peaessran a designed 4r°ent.
,mead are c retailing. • access oaa�aY tova p seed e4
n e v4 en agency `N, an en itnilar s ana
t S. cilitY °t ublic . s or of . ovs sv imetet of tire
N. n,en ltitties o�aes n {ac itb4e finer a s, tt>>e ess of
'e o a ant it
e
a
v
e
services,
at or aU•�'aY ose se
otret
eTnnYe aeons e9 transportation
Green
at' �, re easy r � ors or �e ship or
� neLghb°ica�y �v'ral or collector
went o�nea aitialbv'1a't,�ise or a on serncea
areas' � bong a� fo'c''lityes�t °{ gove� at've ana pvb�'c ft o�Ovn'c
1y over t ental kee4 ova pep• or agency ricr, vn ei� s°vY 9e�ces• ,oared at ova
er tre ovt>¢ G°°ems ag ��tr ret a dace
t P fa tre p tv' a 4e 1�
Govern l vtti pt ttat,o aby the set
Gov 1 c e m
Ve
ransp° a not occv4' aka �itrin stairs, d in trig dry balls awl
1 disposal open s4ace a>>be treon for r "ales treaters, cr ate not enclosed
t� n Space' ps oot ales sro aeauctete tre ter�iea'1e floots•Nr
Gross f1 �aitr ise spec'Zann
ae1• floor area' etbo,la' met {eatvt�esa oe ova met
Gross fl >>s of tl' ns of °t s lea vn flo stage eel
4
ise spa s, co�u41 be dos ga>>e� �t area
outs vaa>> stood ba1co�,es, to the f1
me s a ng
s
�Jncvpan�ea as as '
Sable necesseal
esiaent'
1sY � onsiaete yot �ea� ntally dti ana care based
�1� S lot area. She develoPg 4e�'i�so Go�un't9 slee4
Gro for ae% g
Group
l�v'nB a ess rst a an arty° 'tat
ana
rooms $atbroo teat,°n not sn
le Crete°{' event tee e,bins'spaces'toav�°IiisAli;i:71. coon for exerciseandt strua"tiliYepe°tes ana't'nasiums, Private
ductsis fors�dents' {acilit'iesto,
to\ b1 laents.
dmada,ca v`�bUt'sawe'glc'ttee, anscv1fie clinic.See Gl o stab,, 1v �$salonsKe°'lthor Stvdti �oalltYieolth SVirg ara t retreat'699
tra'leasp°latrlet,c,
gross.
ibsevi eating, orcooking, of
sr fins'Storage rooms, laundryovPhoon�ent,taclientsSee, Vest roll's� lot l�scose e,� daren°t consideredhabitable
norofb°le a ven aruestneeS. See Tonrpsaes'�t filet c°�4s, ar'asis° roaucea'ctatts, art°bjeeta,
vesthAn`StO° �,s, t°om ass"pe.rab'tt°ns bas n
corn
an
roans.
a Pr° objec 1 of r►g not control esta �s
Kan of f'Y'e • nit, tfle nts pro es
roviae a family
ciiities `N e physical, emotional
iaent,al f to • �,ee al fac1Uties
§ 2502
tle jlpaa'. �?I
A ` I, FL
talrepl.and landing
used for FLORIDA
h'eli g area Parkin
facilities Ort a g helicopters. h may
s t identifiable
used rrb heliport
used area y be located
rt °r ° land,
ed for the .landing
as Widen herein 8ar intended to 6water, orinside or building
outside
engaged An 8 and takepti of es to 811 siteed s, the la�dctule�cl of the
Sed � dropping-
ropp� ga used ZI
t ie°pa,includ$nd d'ng' nggeed ed t° be I�stOPs, fr °f helico tiding or
re9ueredy involve en iding used t up ofpassengers
for the ha used or intended to be
generally Such services 7 Services will not asse hiring f upronskilled
employment
niAlor cargo.nd�g and tie p� be
day, and will
a will generally g:10c°f helicoptdwill y bopen y involve manual laborers,
a s for laborers.
m
not l not n for business
borers abore
ay, aAroznd the aged. generally involve fcompensated
°lupen ads before interviews tblittler�och services
h0 se fringe benefits.
e donan o a.m E y placement
lace qualifications
11
unit. See occupation. -the A hone a Nursing home or Wei' • hourly or daily ayn�e m� eye eci�is
serves See
al so section 906.5 of this
in on is a Extended care facility:sus at the end will
e
es chi he a'eo is ordinance.
rdi n occupation e
expecepilepsted Or Ai aents th 8 disorder
o de�atlyaisaal nice Pation conducted entirely
lyor. to continue a belo and whioch syndrome attributable
'Ouphomel, tate whom a dwelling
the portion the irla bi ar finitely see 1$Oitu es a substantial
utbBs le to ti licensed by the that
nle
horizon c, as Communityantial retardation, cerebral
State fFjl An institution
nst� �Zon ��n degrees)
relatiDn t0 based residential
handicap that baahPal y awls
from Illness,
tution involved view facility.
reasonably
accessoryne8s, disease,
arid providing primary
an d �n the view i clhit3' nabl'�' be
1�Ot It s facilities An nstitu ion deformity
e orb ary health, ate license being protected.
rot fne regulations,
issue
Votel ' apa cil iti t see A such s laboratories outpatient
ut atient meor sb.norzna/ dical, or surgical
certificate of need means
'no
'ral pbhrcl A facility Partn2ent hotel.
Patient or training
ra ��g facilities.
conditions;
it onsr � persons issued by the
o and recreational
ecr atlo al and providing
v�d vof ela accessory
�1 j) °r more
acuities a3' include nn
_1 ''es facoitele ss°�, se re lodging
relate:
'bar ia+ence See Apartment services such as
udlns o enng transient
e No. •
9 ;Dating structure
t Inent hotel dining rooms, restaurants, lodging t0
adopted Octberused as a meeting
24 1991). residence �d
(see illustration included ncluded with
•
•
ZONING § 2502
Houseboat. A vessel, a private pleasure craft, consisting of a hull and superstructure
supported in the water by integral flotation devices, not suitable for rough water, and designed
and manufactured to be self-propelled (see illustration included with Ordinance No. 10932,
adopted October 24, 1991).
Housing for the elderly. See Community based residential facility and Nursing home.
Institution for the aged (home for the aged). See Nursing home or Extended care facility.
Interim parking. An area designed and approved to provide temporary parking facilities
during construction of a building.
Interim parking facility. A surface parking facility for which paving drainage and marking
of parking spaces as well as other improvements incidental to permanent parking lots shall not
be required: interim parking facilities shall only be permitted upon approval of a special permit
pursuant to the regulations set forth in section 916 of this zoning ordinance.
Jail. A building designated by law or regularly used for the confinement of persons held in
lawful custody.
Joint facilities. See combined facilities.
Junkyard. See Automobile wrecking yard.
Kindergarten. See Schools, kindergarten.
Kiosk. A freestanding bulletin board having more than two (2) faces.
Kitchen facilities. A portion of a dwelling unit used for the preparation of meals and shall
include a kitchen sink.
Labor pool. See Hiring hall.
Laundry l dry cleaning plant. An establishment providing washing, dry cleaning, dyeing,
pressing, or special similar services, not open to or for the direct use of the general public.
Letter, photostating or duplication services. See Quick copy services.
Level of service (LOS). An indicator of the extent or degree of service provided by or proposed
to be provided by a facility based on and related to the operational characteristics of the facility.
Level of service indicates the capacity per unit of demand for each public facility adopted by the
comprehensive plan in order to ensure that adequate facility capacity will be provided for
future development and for purposes of issuing development orders or development permits,
pursuant to section 163.3202(2)g), Florida Statutes, 1985.
Library. A repository for literary or artistic materials such as books, periodicals, pamplets,
and prints usually systematically arranged and accessible to the general public.
Lift station. A building or structure which conveys sewage through pipes.
Living quarters. Living quarters is a generic term including dwelling units and lodging
units.
Supp. No. 5
701
§ 2502 MIAMI, FLORIDA
Loading facility, offstreet. A building, structure, and area used in the operation of terminal
facility. See also Loading space, offstreet and Berth/stall.
Loading space, offstreet. An area in which goods and products are moved on and off a vehicle,
including the stall or berth and the apron or maneuvering room incidental thereto.
Lodging unit. Attached or semidetached living quarters comprised of furnished room(s) of
approximately two hundred (200) gross square feet or less in area, including sanitary facilities
but with only limited kitchen facilities, if any; not qualifying as a dwelling unit or efficiency
apartment; occupied by transients on a rental or lease basis for limited periods of time.
Lot. A lot or lot of record is any platted lot(s), tract(s) or parcel of land, intended as a single
building site or unit, or as a phased project, having an assigned number or numbers, letter or
letters, or other name through which it may be identified for transfer of ownership for
development, subject to the requirements, limitations and exceptions of chapter 54.5, Subdi-
vision Regulations, section 54.5-11 building permits; issuance; restrictions, exceptions, of the
City Code, as amended. In no case of division or combination by private action shall any
residual lot be created which does not meet the requirements of this ordinance and other
applicable regulations.
Lot area. See Lot area, gross.
Lot area, gross. The net area of the lot, as defined herein, plus half of adjoining street
rights -of -way and seventy (70) feet of any other public open space such as parks, lakes, rivers,
bays, public transit right-of-way and the like. For areas included in applicable Special Districts
(SD-5, 6, 7, 10, 11, 14, 16), the gross lot area shall include net area of the lot plus half of
adjoining street rights -of -way and ninety (90) feet of any other public open space such as parks,
lakes, rivers, bays, public transit right-of-way and the like. In both cases, where such space
adjoins lots on two (2) adjacent sides, the area thus added shall include the area required to
complete the gap otherwise left at the intersection.
Lot area, net. The total area within the lot lines excluding any street rights -of -way or other
required dedications.
Lot, conforming. A parcel of land meeting the requirements of this ordinance as to
dimensions (width, depth, or area) and access.
Lot, corner. A lot or parcel of land abutting upon two (2) or more streets at their intersection,
or upon two (2) parts of the same street forming an interior angle of less than one hundred
thirty-five (135) degrees. The frontage of a corner lot shall be deemed to be the narrower of the
two (2) sides abutting a street or, in the case where the two (2) abutting sides are of equal
length, the frontage shall be determined by the applicant at the time of the first building
permit.
Lot coverage. The area of the lot occupied by all buildings, excluding structures such as
decks, pools, awnings and canopies.
Lot, interior. A lot or parcel of land abutting upon only one (1) street.
Supp. No. 5 702
•
•
•
ZONING § 2502
Permitting:
A Class II Special Permit shall be required for all such signs specified herein. All
applications shall require a mandatory review by the Urban Development Review Board
and approval by the Executive Director of the CRA.
Miniwarehouse. A mniwarehouse is a building or a group of buildings within a controlled
access fenced or walled area, designed to contain space in individual compartments (not to
exceed eight hundred (800) square feet) available to the general public for rent or lease for
storage of goods or wares.
Minor automotive services and repairs. These services and repairs are limited to:
a. Sales and servicing related to sparkplugs, batteries, and distributors and distributor
parts;
b. Tire servicing and repair, but not recapping or regrooving;
c. Replacement of waterhoses, fanbelts, brake fluid, lightbulbs, fuses, floor mats, wiper
blades, grease retainers, wheel bearings, mufflers, shock absorbers, mirrors, and the
like;
d. Provision of water, supplements for radiator fluids, and the like;
e. Washing and polishing, limited to facilities for washing one (1) car at a time, and sale
of automotive washing and polishing materials, but not the operation of car washes;
f. Providing and repairing fuel pumps and lines;
g. Minor servicing and repair of carburetors;
h. Minor servicing of automotive air conditioners, not involving removal of units;
i. -Emergency wiring repairs;
j. Adjusting and emergency repair of brakes;
k. Minor motor adjustments not involving removal of the head or crankcase;
1. Greasing and lubrication;
m. Sales of cold drinks, candies, tobacco, and similar convenience goods for service station
customers, but only as accessory and incidental to the principal business operation;
n. Provision of road maps and other informational material to customers; provision of
restroom facilities.
Minor automotive services and repairs do not include major automotive services and repairs
as defined herein. For purposes of this zoning ordinance, a minor automotive repair facility is
distinguished from a major automotive repair facility or repair garage, parking lot or
commercial parking garage, body shop, automobile wash facility, truck stop, or sales or rental
agency for automobiles, trucks, trailers, or other equipment, both as a primary use and in
relation to permissible activities.
Miscellaneous antennas. See Antennas, miscellaneous.
Supp. No. 11
705
§ 2502 MIAMI, FLORIDA
Mixed use. A development in which more than one (1) type of use is provided such as
residential and retail, retail and office, residential and office, etc.
Mobile home. See Dwelling, mobile home.
Mooring. An area in or directly above the water where a vessel is secured by a cable, anchor
or line to a dock or wharf.
Motel. See Hotel; motel.
Multifamily dwelling. A building containing three (3) or more dwelling units, each of which
has direct access to the outside or to a common hall.
Multifamily use; multiple -family use. For purposes of determining whether a lot is in
multifamily or multiple -family use, the following considerations shall apply:
(1) Multifamily uses may involve dwelling units intended to be rented and maintained
under central ownership or management, or cooperative apartments and condomini-
ums.
(2) Where an undivided lot contains more than one (1) building, and the buildings are not
so located that lots conforming to requirements for one or two-family dwellings in the
district could .be provided, the lot shall be considered to be in multifamily use if it
contains three (3) or more dwelling units, even though individual buildings involved
may each contain less than three (3) dwelling units. An exception to this would be the
addition of one (1) unit to a duplex -zoned lot in instances where lot size is sufficient to
allow such addition.
(3) Any multifamily dwelling in which dwelling units are available for rental or lease for
periods of less than one (1) week shall be considered a tourist home, motel, or hotel,
depending on the number of dwelling and/or lodging units available for periods of less
than one (1) week; provided, however, that temporary living quarters for guests of
regular tenants may be provided in any multifamily dwelling, with the number of such
units limited to ten (10) percent of the number of dwelling units, and subject to other
requirements of the district as to lot area per unit, offstreet parking, and the like.
Navigable waterway or fairway. The navigable part of a waterway, centrally located with
respect to the theoretical axis of the waterway (or the axis of the improved channel of the
Miami River) which provides a throughway or access aisle for manned vessels.
Net lot area. The total area within the lot lines excluding any street rights -of -way or other
required dedications.
Nightclub. A nightclub shall mean a restaurant, dining room, bar, or other similar
establishment providing food or refreshments wherein paid floor shows or other forms of paid
entertainment are provided for customers as a part of the commercial enterprise.
Supp. No. 11 706
•
ZONING § 2502
Nonconforming characteristics of use. Characteristics of use where the nonconformity was
created by ordinance adoption or amendment, as provided in article 11 of this ordinance, as
well as those where nonconformity was created by public taking or court order, as provided in
article 11 of this ordinance.
Nonconforming lot. See Lot, nonconforming.
Nonconforming structure. Any building or structure where the nonconformity was created
by ordinance adoption or amendment, as provided at section 1101.2 of this ordinance. The
element of use is not a factor in determining structural nonconformity. Thus a structure in
nonconforming use is not to be construed as a nonconforming structure if otherwise lawful
under district regulations concerning lot dimensions, lot coverage, height, yards, location on
the lot, floor area ratio, or requirements other than those applying to use.
Nonconforming use (of land or water or land with structures only). Where, at the effective
date of adoption or amendment of this zoning ordinance, lawful use of lands or waters exists
which would not be permitted by the regulations of the district in which the _ property is
situated, and where such use involves no individual, permanently fixed structure with a
replacement cost exceeding two thousand dollars ($2,000.00) and no combination of perma-
nently fixed structures with a combined replacement cost exceeding five thousand dollars
($5,000.00), the use may be continued for a period of not more than two (2) years after the
effective date of this zoning ordinance or amendment thereto creating nonconforming status,
so long as it remains otherwise lawful, and all evidence of such prior use shall be removed at
the end of the two-year period.
Nonconforming use of structures or structures and premises in combination_ Where, at the
effective date of adoption or amendment of this zoning ordinance, lawful use of structures, or
of structures and premises in combination, exists (which would not be permitted under the
regulations imposed) and where such use involves an individual, permanently fixed structure
with a replacement cost exceeding two thousand dollars ($2,000.00) or a combination of
permanently fixed structures with a replacement cost exceeding five thousand dollars
($5,000.00), such use may be continued so long as it remains otherwise lawful.
Nonconformities. See Lot, nonconforming.
Nonresidential. Of or pertaining to use for commercial or nondomiciliary purposes.
Nonresidential floor area. The sum of areas for nonresidential use on all floors of buildings,
measured from the outside faces of the exterior walls, including interior and exterior halls,
lobbies, enclosed porches and balconies. Excluded from nonresidential floor area are: (a)
parking and loading area within buildings; (b) open terraces, patios, atriums or balconies; (c)
stairways, elevator shafts, mechanical rooms, or (d) floor areas specifically excluded from floor
area limitations by special provisions of these regulations.
Nursery school. See Child daycare center.
Stipp. No. 11 707
§ 2502 MIAMI, FLORIDA
Nursing home or extended care facility. An institution which is licensed by the State of
Florida to provide health care or medical supervision for twenty-four (24) or more consecutive
hours for three (3) or more persons not related to the governing authority by blood, marriage
or adoption.
Occupancy. See Use.
Office. A room or group of rooms used for conducting the affairs of a business, profession,
service industry, or government.
Offsite parking. Spaces provided for vehicles and located outside of the boundaries of the lots.
to be served.
Offstreet loading facility. See Loading facility, offstreet.
Offstreet loading space. See Loading facility, offstreet or Stall/berth.
Offstreet loading stall or berth. See Stall/berth.
Offstreet parking. Any private land area designed and used for parking motor vehicles
including parking lots and garages, private driveways, garages serving residential uses, but
not including legally designated areas of public streets and right-of-way.
Open space. Any parcel or area of land or water essentially unimproved by permanent
buildings and set aside, dedicated, designated or reserved for public or private use or
enjoyment or for the use and enjoyment of owners and occupants of land adjoining or
neighboring such open spaces.
Outdoor advertising business. The business use of providing outdoor displays or display
space on a lease or rental basis for general advertising andnot primarily or necessarily for
advertising related to the premises on which erected. Such use shall be considered a separate
business use of a site subject to licensing and conformance of the permitted use of the outdoor
advertising sign shall be considered independently.
Outdoor advertising sign. Sign where the sign copy does not pertain to the use of the
property, a product sold, or the sale or lease of the property on which the sign displayed and
which does not identify the place of business as purveyor of the merchandise or services
advertised on the sign. Any outdoor advertising signs located on a site is considered a separate
business use of that site and conformance of the permitted use of the outdoor advertising sign
shall be considered independently.
Outdoor photographic stage sets. An outdoor photographic stage set is a physical reproduc-
tion of a building facade of an architectural or historical period which provides the photogra-
pher with a controlled setting exposed to natural lighting and the elements; where certain
effects can be obtained that would otherwise not be feasible given the constraints of an indoor
studio.
Package liquor. Retail establishment licensed by the state, primarily selling wines, beer, or
liquor for offsite consumption.
Supp. No. 11 708
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ZONING § 2502
Packaging. Establishments which organize, bind, wrap products or pieces of a product or
components for transfer or shipment.
Paint and wallpaper stores. See Retail.
Parcel. See Lot.
Park. A tract of land designated and used by the public for active and passive recreation.
Parking area. Any public or private land area designed and used for parking motor vehicles
including parking lots and garages, private driveways, garages serving residential uses, and
legally designated areas of public streets and right-of-way.
Parking garage. A building or portion thereof primarily used for the parking or storage of
motor vehicles.
Pawnshop. Establishments which provide loans upon delivery of personal goods or other
chattel as security and sell those same items as a secondhand retail service.
Personal services. Establishments primarily engaged in providing services involving the
care of a person or their apparel such as, but not limited to, beauty/barbershops, shoe repair,
exercise/health salons, photographic studios, clothing rental and secretarial. services.
Pet store. A retail sales establishment primarily involved in the sale of domestic animals
such as dogs, cats, fish, birds, and reptiles; excluding exotic animals and farm animals such as
horses, goats, sheep and poultry.
Pharmaceutical laboratories. Pharmaceutical laboratories are facilities equipped and in-
tended for the testing of pharmaceutical products, particularly their effects on the human
body. Such research primarily entails the evaluation of the absorption, elimination, bioavail-
ability and pharmacodynamics of medications administered to research participants. Due to
the standard protocols associated with such research, test subjects must remain on -site for
prolonged periods including overnight stays.
Phased project. A phased project is one which, due to its magnitude, has to be developed in
stages. Such project shall contain a minimum of three (3) acres of land. Any project which
meets such requisite shall establish the maximum development capacity for the subject
property. At the time of the qualification by the director of the planning, building and zoning
department, as required below, such projects shall be owned by a single entity or subsidiaries
of one (1) entity and may occupy contiguous lands, separated only by streets or alleys, and will
be considered as one (1) project for the purpose of calculating all zoning requirements.
Individual phases of such projects which reach the MUSP thresholds as established in article
17, shall also comply with all the conditions contained in section 1701(11).
A phased project must be qualified by the director of the planning, building and zoning
department, at the written request of the property owner(s). The recipient of this qualification
shall be responsible for the distribution of development rights within the boundaries of the
subject property, subject to the limitations of this Zoning Ordinance.
Pier. A platform extending from shore over water used to secure and protect vessels.
Supp. No. 11 709
§ 2502 MIAMI, FLORIDA
Planned unit development. An area of a minimum contiguous size, .as specified by this
ordinance, developed according to a plan as a single entity and containing one (1) or more
buildings or structures with appurtenant common areas. See also section 501 of this ordinance.
Planning district. The seven (7) geographical divisions of the City of Miami used for capital
facilities planning purposes and including: District A -Model City/Edison/Little River; District
B-Downtown/Overtown/Wynwood; District C-Coconut Grove; District D-Little Havana; Dis-
trict E-Flagami; District F-Allapattah; and District G-V rginia Key.
Plaza. An open space which may be improved, landscaped, or paved usually surrounded by
building or streets.
Portale. A covered arcade. See also Arcade.
Pre -owned car sales. Sales of cars previously owned.
Principal building. A structure used to enclose or house the primary use(s) located on a
parcel.
Principal structure. See Principal building.
Principal use. The primary use associated with a parcel of land.
Printing. Offset lithography and letterpress printing such as that used in book or newspaper
publication.
Professional services. Services rendered by a vocation or occupation requiring special,
usually advanced, education and skill; implies professed attainments in special knowledge as
distinguished from mere skill.
Public incinerator. See Solid waste facility.
Public storage facilities. An establishment containing separate, secured self -storage areas
and/or lockers used for the temporary storage of household items and seasonal or -recreational
vehicles, small boats, trailers etc. These facilities shall be of a scale proportional and
responsive to that of their surroundings and will cater primarily to the needs of nearby
residents.
Quarry. A place where rock, ore, stone, gravel, or similar materials are excavated for sale or
for offsite use.
Quick copy services. An establishment which provides blueprinting or duplicating services,
limited to electrostatic or similar type reproduction copying known as "quick copy," specifically
disallowing offset lithography and letterpress printing.
Racetrack. An area designed and used for competition of speed and running of horses or
dogs.
Rear yard. See also section 907 of this ordinance. Rear yards shall be construed as extending
across the full width of the lot at its rear.
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ZONING § 2502
Recreation facility. A place designed and equipped for the conduct of sports, Leisure activities
and other customary and usual diversions.
Recreation space. Any space or area solely dedicated and designed and used far the
enjoyment of leisure time.
Recreational equipment, major. Vehicles designed to accommodate recreational and trans-
portation activities including travel trailers, pickup campers, converted trucks or buses,
motorized homes, tent campers, tents or other short-term housing or shelter arrangements
and devices, boats and boat trailers, combinations thereof, and other similar equipment, and
trailers.
Rental purchase stores. General merchandise stores which (a) rent; (b) rent -to -purchase; (c)
rent refurbished goods; or (d) sell merchandise which is new or secondhand, provided that at
any one (1) time, the majority (fifty-one (51) percent) of the merchandise at any single
establishment is new by volume.
Repair garage. Building used for the service, maintenance, major repairs, paint or body
work available to the public.
Rescue mission. Facility which provides overnight, dormitory -style shelter (with or without
food service previsions) to those persons lacking residences, possessions or resources.
Residence hotel. See Apartment hotel.
Residential. Of or pertaining to use for noncommercial or domiciliary purposes.
Residential floor area. See Floor area, residential.
Restaurant. An establishment where food and drink are prepared, served and consumed on
the premises. See also Drive -through establishments or Drive -through facility.
Retail. Sale for final consumption in contrast to sale for further sale or processing (Le.
wholesale). A sale to the ultimate consumer.
Reversed frontage lot. See Lot.
Rooming and lodging house. See Boarding house or Tourist home, guest home.
Rooms, habitable. See Habitable rooms.
Sail making. The making of nautical sails.
Schools. Any building or part thereof which is designed, constructed or used for educational
or instructional purposes.
Schools, business or professional. Private educational facilities primarily teaching skills
which apply to employment opportunities or career advancement or personal achievement.
Schools, elementary. Schools licensed by the state which meet the state requirements for
education.
Supp. No. 11 711
§ 2502. MIAMI, FLORIDA
Schools, kindergarten. Schools which are preparatory to elementary school and are in
compliance with a pupil progression plan approved by the Dade County School Board or a
nonpublic school from which the Dade County School Board accepts academic credit.
Schools, private. A building or group of buildings the use of which meets the state
requirements for kindergarten, elementary, secondary or high school education and which use
does not secure the major part of its funding from any governmental agency.
Schools, secondary. A school licensed by the state and which is authorized to award diplomas
for secondary education.
Schools, vocational. A secondary or higher educational facility, recognized and licensed by
the state, primarily teaching usable skills that prepare students for jobs in a trade.
Setback. The distance from base building line to the point where a building may be
constructed.
Shared facilities. See combined facilities.
Ship chandlers. A dealer in supplies and equipment for marine vessels.
Shipyard. An area where ships, boats or vessels are built, repaired and stored.
Shops for marine woodworking. Establishment associated with the manufacture of boats,
ships, and other similar vessels.
Side yard. See Yard or Yard, side.
Sign. Any identification, description, illustration, or device, illuminated or nonilluminated,
that is visible from a public right-of-way or is located on private property and visible to the
public and which directs attention to a product, place, activity, person, institution, business,
message or solicitation, including any permanently installed or situated merchandise, with the
exception of window displays, and any letter, numeral, character, figure, emblem, painting,
banner, pennant, placard, or temporary sign designed to advertise, identify or convey
information.
The following are specifically excluded from this definition of "sign":
1. Governmental signs and legal notices.
2. Signs not visible beyond the boundaries of the lot or parcel upon which they are
located, or from any public right-of-way.
3. Signs displayed within the interior of a building which are not visible from the exterior
of the building.
4. National flags and flags of political subdivisions.
5. Weather flags.
6. Address numbers, provided they do not exceed two (2) square feet in area.
7. Signs located in the public right-of-way are governed by Chapter 54 of the City Code.
Supp. No. 11 712
§ 616.10 MIAMI, FLORIDA
7. For all other uses, there shall be a minimum of one (1) parking space per one thousand
(1,000) square feet of floor area and a maximum of one (1) space per five hundred (500)
square feet of floor area.
616.10.2. Special offstreet parking requirements; offsite parking; limitations.
1. Notwithstanding the limitations of section 918, offsite parking shall be permitted by
Class II Special Permit without limitation on percentage of the required number of
spaces or maximum distance from the principal use. Furthermore, there shall be no
required demonstration or findings of practical difficulty or unnecessary hardship in
providing required parking on the site, provided that the location of the offsite parking
is within one thousand (1,000) feet radius of the principal use, or within six hundred
(600) feet radius of a Metromover station or there are permanent provisions made to
transport the offsite parking patrons to and from the principal site at the property
owner's expense.
2. No residential dwelling unit shall be sold or leased without the right to utilize at least
one (1) onsite parking space.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 616.11. Limitations on signs.
See Article 10for sign regulations and limitations.
(Ord. No. 10863, § 1, 3-28-91; Ord. No, 12213, § 2, 4-11-02)
Sec. 617. SD-17 South Bayshore Drive Overlay District.
Sec. 617.1. Intent.
Along the coastal Atlantic ridge paralleling South Bayshore Drive and overlooking Dinner
Key and the marina basin in Coconut Grove is an area of special and -substantial public
interest because of unique property sizes and shapes; geologic features; bay views; relation-
ships to major entrance roadways; proximity to adjacent neighborhood, and public open space
and recreation, and commercial services; impacts on surface parking on open space within
Dinner Key; and a special character imparted by tropical vegetation and historic structures.
It is the intent of these special district regulations that future public and private
development shall respect and enhance this character, preserving area -wide property values
and enhancing Coconut Grove's desirability as a place to live and work. These regulations are
intended to apply to the high -density residential or the office district as described in article 4
and located within this zoning district and bounded by S.W. 27th Avenue, Tigertail Avenue,
South Bayshore Drive and Mary Street; and to the office -residential area bounded by S.W. 27th
Avenue, Tigertail Avenue, Aviation Avenue and South Bayshore Drive by providing bonuses,
only for those properties which lie east of S.W. 27th Avenue when developed for
Supp. No. 11 280
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ZONING § 617.2
nonresidential uses; height limits; special setback and view corridor requirements; design
requirements; incentives to provide publicly available parking for Dinner Key and Coconut
Grove Village Center activities; and design review guidelines.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 617.2. Effect of SD-17 district designation.
The effects of these SD-17 regulations shall be to modify regulations within portions of other
zoning districts included within the SD boundaries to the extent indicated herein.
617.2.1. Limitations on uses; buffer.
For those portions of lots abutting public rights -of -way that separate different zoning
districts, the following use limitations shall apply:
(a) For the first one hundred (100) feet of lot depth adjacent to Tigertail Avenue, there
shall be a landscaped yard area, except that residential uses, excluding hotels and
motels, that front on Tigertail Avenue may be developed in accordance with other
provisions of this district. Provided that residential development occurs, ancillary and
parking structures for nonresidential uses may be located below grade to within
twenty (20) feet of Tigertail Avenue or above grade within fifty (50) feet of Tigertail
Avenue, provide further that such ancillary or parking structures are completely
screened from view along Tigertail Avenue by the residential structures.
(b) For the first fifty (50) feet of lot depth adjacent to Mary Street, there shall be a
landscaped yard area, except that for developments which qualify under provisions of
section 903.7 of this ordinance, principal use structures shall be set back not less than
ten (10) feet from Mary Street and ground level convenience retail uses shall front on
not less than sixty-five (65) percent of the Mary Street frontage.
617.2.2. Exceptions to floor area ratio limitations.
Notwithstanding floor area ratio limitations of the existing districts, the F.A.R. for the area
bounded by S.W. 27th Avenue, Tigertail Avenue, South Bayshore Drive and Mary Street shall
be 1.72, the F.A.R. for the area bounded by S.W. 27th Avenue, Tigertail Avenue, Aviation
Avenue and South Bayshore Drive shall be 1.21, and the area bounded by McFarlane Road,
South Bayshore Drive, Mary Street and a portion of Grand Avenue shall be 1.2. The floor area
ratio may be increased only for nonresidential buildings in the area bounded by S.W. 27th
Avenue, Tigertail Avenue, Aviation Avenue and South Bayshore Drive in accordance with the
following provisions:
617.2.2.1. Publicly accessible parking. For every nonresidential parking space provided in
excess of offstreet parking requirements, an additional two hundred (200) square feet
of floor area for any use permitted in the underlying zoning district shall be permitted;
provided, however:
(a) Such parking space shall be not less than seventy-five (75) spaces and accessible
by the general public during normal business and operating hours of public
activities or attractions in Dinner Key adjacent public facilities or the Coconut
Grove Village Center.
Supp. No. 5 281
§ 617.2 MIAMI, FLORIDA
(b) Parking fees charged shall not be in excess of prevailing rates for public metered
parking in the vicinity, as established by the Miami Department of OffStreet
Parking.
(c) The entrance to the excess parking facility shall not be farther than six hundred
(600) feet from (a) the Coconut Grove Village Center, a major public activity
center, herein defined as the boundary of section 602, SD-2 Coconut Grove
Central Commercial District, or (b) the main entrance of a structure housing the
following activity centers identified in "The Dinner Key Master Plan": a perfor-
mance hall, specialty center, exhibition center or conference facility. The six
hundred (600) feet shall be measured along a radius from (a) the boundary of
section 620, SD-2 Coconut Grove Central Commercial District or (b) a public
pedestrian entrance of a structure housing the activity center. For the purposes of
this section, "The Dinner Key Master Plan" is defined to be that plan adopted in
principle by Resolution 85-70, January 24, 1985, of the City of Miami Commis-
sion. A copy of "The Dinner Key Master Plan," as adopted in principle, is on file
with the city clerk and City of Miami Planning Department.
(d) In no case shall the cumulative additional floor area permitted under this section
exceed fifty -hundredths (0.50) times the gross lot area.
(e) Required parking shall be provided for bonus floor area and shall not be
considered as excess parking under the provisions of this section.
617.2.2.2. Allowable increase in floor area for buildings providing certain supporting uses;
limitations. For properties located between Mary Street, McFarlane Avenue, South
Bayshore Drive and a portion of Grand Avenue, which contain an SD-17 Overlay
designation, the maximum floor area may be increased for all buildings in conformance
with the following provisions and limitations:
1. Public parking: For every one (1) public parking space that a building provides in
excess of offstreet parking requirements, an additional three hundred fifty (350)
square feet of floor area for any use permitted in the underlying zoning district
shall be permitted; provided, however:
a. Such required parking shall be not less than seventy-five (75) spaces and
accessible by the general public during normal business operating hours of
the Coconut Grove Village Center;
b. Parking fees charged shall not be in excess of prevailing rates for public
metered parking in the vicinity, as established by the Miami Department of
Offstreet Parking;
c. The entrance to the excess parking facility shall not be farther than six
hundred (600) feet from the Coconut Village Center, herein defined as the
boundary of the SD-2 Coconut Grove Central Commercial District;
d. In no case shall the cumulative additional floor area permitted under this
section exceed fifty hundredths (0.50) times the gross lot area;
Supp. No. 5
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ZONING § 617.3
e. Required parking shall be provided for bonus floor area and shall not be
considered as excess parking under the provisions of this section.
617.2.3. Special limitations on walls, vehicular ways and parking in a required special yard.
There shall be provided an average yard area setback along South Bayshore Drive of thirty
(30) feet within which walls, fences and hedges over three (3) feet in height, as measured
vertically from the crown of the road and not from the floodplain, shall be prohibited. No
parking, except for passenger dropoff facilities, shall be permitted, and vehicular drives shall
not occupy more than twenty-five (25) percent of the required special yard area.
617.2.4. Special height limits.
No building within this district shall exceed a height of two hundred twenty (220) feet in
height, as measured vertically from the crown of South Bayshore Drive and not from the
floodplain, and no building within one hundred (100) feet of the zoned right-of-way of Tigertail
Avenue shall exceed forty-five (45) feet.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11358, § 2, 4-25-96; Ord.
No. 11492, § 2, 5-22-97)
Sec. 617.3. Class II Special Permit.
617.3.1. When required.
A Class II Special Permit shall be required prior to approval of any building permit affecting
the height, bulk, location or exterior configuration of any existing building; or for the
Supp. No. 5 282.1
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ZONING § 617.4
erection of any new building; or for the location, relocation or alteration of any parking area or
vehicular way that would be visible from a public street.
617.3.2. Considerations in making Class II Special Permit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
as submitted (or with such conditions and safeguards as may reasonably be attached to assure
such conformity) with the expressed intent of this district, with the general considerations
listed in section 1305, and with the special considerations listed below. In making determina-
tions concerning construction of new principal buildings or substantial exterior alteration of
existing principal buildings, the planning director may obtain the advice and recommenda-
tions of the Urban Development Review Board.
(1) Relation of proposed improvements to natural features, surrounding buildings, public
recreation areas, and major streets. Proposed improvements shall be related harmo-
niously to the terrain, and in particular shall protect and enhance natural features
such as rock outcroppings and ridge lines as much as reasonably possible.
(2) Relationship of new or redeveloped structures shall consider open space and view
corridor relationships created by buildings, walls, landscaping, and physical/visual
linkages to public recreation areas. Vehicular ingress and egress from private drives
serving nonresidential structures or parking shall not occur directly onto Tigertail
Avenue.
(3) Landscaping, screening and open space. Desirable landscaping shall be preserved in
its natural state to the maximum extent reasonably feasible. General landscaping
requirements and standards established by this ordinance for offstreet parking,
yards, and open space shall be considered supplemental to retention of desirable
natural features. Placement of structures and vehicular areas shall be such as to
retain, to the extent reasonably practical, desirable existing landscaping, open spaces
and natural features, and to promote provisions of compatible new landscaping.
Desirable native plant materials, and such exotic plant materials as have become
traditional in the area, shall be preferred in plant selection. All accessory areas and
structures, such as service and loading areas, which need screening to avoid adverse
effects on adjoining properties shall be adequately concealed by appropriate plantings
or other screening.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 617.4. Minimum offstreet parking.
Minimum offstreet parking shall be required by the underlying district unless otherwise
indicated for a particular use; however, no variance for the reduction of the required number
of offstreet parking spaces is permitted.
1. For the high density residential office area west of S.W. 27th Avenue: For all
nonresidential development existing and/or in operation at the time of passage of this
ordinance, all required nonresidential parking may be permitted offsite anywhere
Supp. No. 4
283
§ 617.4 MIAMI, FLORIDA
within that portion of the SD-2 district which lies east of Margaret Street, and within
the area west of S.W. 27th Avenue, subject to the requirements and conditions of
section 602.12. Special Exception approval is not required for offsite parking and one
hundred (100) percent of required parking may be located offsite. All new develop-
ment to be approved after passage of this ordinance shall be subject to all require-
ments and limitations of section 918.
2. For the office residential area east of S.W. 27th Avenue, the requirements and
limitations of section 918 shall apply.
(Ord. No. 11051, § 2, 3-25-93)
Sec. 617.5. Payment in lieu of required offstreet parking.
1. Upon application to the planning director, the owner of a property for which offstreet
parking is required, but which parking the owner is unable to provide onsite, may
request a waiver of any or all of the required spaces by substituting the payment of
a fee per space in lieu of providing the required parking spaces.
2. If the waiver of required offstreet parking is approved by the planning director, the
applicant shall pay the required fee per space to the department of offstreet parking
for deposit in a special fund entitled "Coconut Grove Parking Improvement Trust
Fund" pursuant to the provisions of Chapter 35, Article VIII of the Code of the City of
Miami.
3. Payment of the required fee per space may be made in the form of a one-time payment
of a fixed amount, or in the form of monthly payments for so long as the offstreet
parking waiver is in effect.
4. Fees for the parking waiver shall be as established by Chapter 35, Article VIII of the
Code of the City of Miami, and shall be posted on the schedule of fees by the planning,
building and zoning department.
5. If the owner of a property applies for and is granted the right to substitute a fee in lieu
of parking as provided for in this subsection, the initial payment, whether a one-time
payment or the first monthly payment, must be made to the Parking Improvement
Trust Fund as specified in the letter granting the waiver, in advance and as a
condition precedent to issuance of the Parking Waiver Certificate, and of a Certificate
of Occupancy or Certificate of Use, as applicable. Failure to make any required
payment shall cause the parking waiver to be denied and the Certificate of Occupancy
or Certificate of Use to be revoked.
6. Evidence of issuance of a waiver of required off-street parking shall be in the form of
a recordable Certificate of Waiver, issued in the name of the owner of the property for
which the waiver is granted. The date on the certificate shall be the effective date of
the waiver thereby granted. The certificate shall carry a statement allowing the
waiver to be transferred by the planning director to a new owner, provided that all
fees are current and other requirements have been satisfied. A Certificate of
Occupancy shall not be issued for the use of any property for which the parking
requirements have not been satisfied as provided for in this article.
Supp. No. 4 284
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ZONING § 618.2
7. The waiver of required off-street parking shall be applicable only to the structure for
which it is issued. New development, or additions, or any construction generating
additional square footage of floor space or increasing the floor -area ratio, shall not be
eligible for, or utilize the benefits of any waiver under the provisions of this section.
8. A waiver of required off-street parking issued under the provisions of this section
shall be revoked (1) if any required fees remain unpaid for more than ninety (90) days
after the date due; or (2) if the structure for which it was issued is subsequently
demolished, whether by governmental action or voluntarily by the owner, and any
replacement structure will not be eligible for a waiver, pursuant to the provisions of
section 602.12.7. Provided, however, that if the demolition is required due to an Act of
God, fire, or civil disturbance, and the structure is subsequently rebuilt, the waiver
shall continue in effect, but only for the square footage of the original structure for
which it was issued, and provided that other requirements of this section, including
payment of required fees, are met. If the rebuilt structure contains more square
footage than the original, the excess is not eligible for a waiver pursuant to the
provisions of section 602.12.7.
(Ord. No. 11051, § 2, 3-25-93; Ord. No. 11330, § 2, 12-7-95)
Sec. 618. SD-18, SD-18.1 Minimum Lot Size Overlay District.
Sec. 618.1. Intent SD-18.
It is the intent of these special district regulations to restrict the minimum lot size to ten
thousand (10,000) square feet and the minimum lot width to one hundred (100) feet in order
to preserve the character of certain neighborhoods in the city.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11240, § 1, 3-27-95)
Sec. 618.2. Effect of SD-18 district designation.
The effects of these SD-18 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
618.2.1. Limitations on size of lot.
Uses permitted on lots designated as SD-18 shall be the same as those of the R-1
Single -Family Residential District, except that minimum lot size shall be ten thousand
(10,000) square feet and minimum lot width shall be one hundred (100) feet.
618.2.2. Limitations on yards.
All yards adjacent to South Bayshore Drive for properties designated SD-18 shall be a
minimum of seventy (70) feet.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord, No. 10977, § 1, 4-30-92)
Supp. No. 4 285
§ 618.3 MIAMI, FLORIDA
Sec. 618.3. Intent SD-18.1.
It is the intent of these special district regulations to restrict the minimum lot size to
twenty thousand (20,000) square feet and the minimum lot width to one hundred (100) feet in
order to preserve the character of certain neighborhoods in the city.
(Ord. No. 11240, § 1, 3-27-95)
Sec. 618.4. Effect of SD-18.1. district designation.
The effects of these SD-18.1. regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
618.4.1. Limitations on size of lot.
Uses permitted on lots designated as SD-18.1. shall be the same as those of the R-1
Single -Family Residential District, except that minimum lot size shall be twenty thousand
(20,000) square feet and minimum lot width shall be one hundred (100) feet.
618.4.2. Limitations on yards
All yards adjacent to South Bayshore Drive for properties designated SD-18 shall be a
minimum of seventy (70) feet.
(Ord. No. 11240, § 1, 3-27-95)
Sec. 619. SD-19 Designated F.A.R. Overlay District.
Sec. 619.1. Intent.
Specific areas within the city, including the Civic Center area; on the south side of US-1,
west of 17th Avenue, the area south of Coral Way on the east side of Douglas Road (37th
Avenue), and the area bounded by N.E. 4th Avenue (extended) and Biscayne Boulevard
between N.E. 18th and N.E. 20th Streets have been appropriately zoned with a specific sector
number.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 619.2. Effect of SD-19 district designation.
The effect of these SD-19 districts shall be to modify regulations within portions of other
zoning districts included within the SD boundaries to designate properties or areas of the city
with a specific floor area ratio (F.A.R.).
(Ord. No. 10863, § 1, 3-28-91)
Sec. 620. SD-20 Edgewater Overlay District.
(Ord. No. 10801, § 1, 10-18-90)
Supp. No. 4 286
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ZONING § 905
Specifically excluded from all districts in the city are drop forging; manufacture of cement,
lime, gypsum, plaster of paris, pulp or paper; manufacture or storage of explosives or
fireworks; refining, distillation or manufacturing of petroleum, asphalt, tar; coal distillation;
coke ovens; rock pits or quarries, or removal of rock, sand, muck, marl or soil except as
incidental to construction on the premises; smelting or refining of metals or ores; steel mills or
furnaces; foundries; coal or coke fired kilns; stockyards; slaughterhouses; tanning, curing or
storing of raw hides or skins; use of unprocessed bones, fat, hooves, horns or other unprocessed
animal products in the production of glue, soap, lard, oils, or fertilizer; private facilities for
treatment of garbage, refuse, offal or dead animals; wrecking yards or junkyards, and scrap
and salvage yards.
Housebarges are excluded from all districts and occupancy of private pleasure craft as living
quarters is prohibited in all residential districts (i.e., R-1, R-2, R-3 and R-4) in the city, and on
the Little River Canal, except those specifically permitted on the Miami River by section 941,
as listed in Attachment A, Ordinance No. 10932, adopted October 24, 1991.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10932, § 1, 10-24-91)
Sec. 905. General requirements concerning arrangement and location of structures
and landscaping, access.
In addition to minimum yard and other requirements specified in this zoning ordinance, all
buildings and other structures, land preparation, and landscaping shall be so located and
arranged on lots as to provide safe and convenient access for emergency purposes, fire
protection, servicing, and offstreet parking and loading located on the premises. As to access
through such premises, the following limitations shall apply:
905.1. Prohibition of use of residentially zoned private property for access to uses not permitted
in residential districts; exceptions.
No private land which is residentially zoned shall be used for vehicular or pedestrian access
to land or structures in other districts used for any purpose not permitted in the residential
district, except as provided below or otherwise authorized by this zoning ordinance or other
lawful regulations:
905.1.1. Special access for emergency and public service vehicles may be authorized by Class
I Special Permit. Where provision does not exist for safe and convenient access for
emergency and public service vehicles, and such access is not reasonably feasible
except through private land which is residentially zoned, access reserved and limited
to use by such vehicles may be authorized by Class I Special Permit, subject to
conditions and safeguards designed to protect the tranquility and character of the
residential area so traversed.
905.1.2. Access for pedestrians and cyclists may be authorized by Class I Special Permit.
Where convenience and safety would be promoted, walkways and bicycle paths to
nonresidentially zoned land may be authorized by Class I Special Permit to cross
Supp. No. 5 337
§ 905 MIAMI, FLORIDA
private land which is residentially zoned, subject to conditions and safeguards
designed to protect the tranquility, character, and security of the residential area so
traversed. Reference of the application to the department of law is required.
905.2. Separation of residential and nonresidential uses.
A six-foot masonry wall shall be erected to separate residential and nonresidential districts
except where a single project crosses the district boundary line. Each side of said wall shall
have a smooth and even coat of stucco applied and coats of paint, as required, to achieve an
even finish consistent throughout the extent of the wall. Each side of a decorative masonry wall
shall be completely painted. If a wall is to be placed on a shared property line, consent for
access must be obtained from the adjoining property owner(s) prior to finishing the opposite
side of the wall. If such consent cannot be obtained, the property owner erecting the wall must
present proof that a request for access approval was mailed to every adjacent property owner,
by certified mail, return receipt requested, to the mailing address(es) as listed in the most
current Dade County tax roll, and the mailing was returned undeliverable or the adjacent
property owner(s) failed to respond to the request within thirty (30) days after receipt. Upon
such a showing, the property owner erecting the wall shall not be required to finish the
opposite side of the wall.
In addition, when said nonresidential development is new construction, the required wall
shall be completely constructed and shall have received a final inspection, prior to the
commencement of the construction of the new nonresidential development.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11346, § 2, 2-29-96)
Sec. 906. Accessory uses and structures.
The following regulations and requirements apply to accessory uses and structures:
906.1. Dwelling or lodging occupancy prohibited unless specifically permitted in district.
Except where specifically permitted by district regulations, use of accessory buildings as
dwellings or lodgings is prohibited.
906.2. Accessory buildings to be constructed concurrent with or after construction of principal
building.
Accessory buildings shall be constructed at the same time as, or following, construction of
principal buildings.
906.3. Accessory buildings and structures; limitations on size.
Except as otherwise authorized or regulated under the terms of this zoning ordinance,
accessory nonhabitable buildings and structures shall be limited in size as follows:
(a) Accessory structures intended for storage or recreational purposes shall be limited to
a maximum of either ten (10) percent of the gross square footage of the principal
structure or two hundred (200) square feet, whichever is greater.
Supp. No. 5 338
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ZONING § 906
(b) Accessory structures intended for garage purposes shall be limited to a maximum of
either twenty (20) percent of the gross square footage of the principal structure or
seven hundred (700) square feet, whichever is greater.
906.4. Accessory buildings and other structures; limitations on location.
Except as otherwise authorized or regulated under the terms of this ordinance, accessory
nonhabitable structures, but not accessory buildings, may be erected closer to any street than
is the principal building, and accessory structures or buildings shall not be located in any
required yard.
906.5. Home occupations.
Where home occupations are allowed, the following limitations and requirements apply:
(a) The home occupation shall be conducted by not more than two (2) persons, one (1) of
whom shall reside on the premises.
(b) The use of the dwelling unit for the home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its occupants, and the area devoted
to the conduct of the home occupation shall not exceed twenty-five (25) percent of the
floor area of the residence, exclusive of the area of any open porch or attached garage
or similar space not suited or intended for occupancy as living quarters.
(c) Home occupation shall be conducted in an accessory building only when it is proven
that the accessory building existed prior to the application and it complies with all
requirements of the district where it is located.
(d) There shall be no change in the outside appearance of the building or premises as a
result of the conduct of such home occupation, or any visible evidence thereof except
not to exceed one (1) sign, not exceeding one (1) square foot in area, nonilluminated and
mounted flat against the wall of the residence.
(e) No traffic shall be generated by such home occupation in greater volume than would
normally be expected in the neighborhood, and any need for parking generated by such
occupation shall be met off the street and other than in a required yard adjacent to a
street.
(f) No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, or odors detectable to the normal senses off the lot, if the home
occupation is conducted in a detached dwelling, or outside the dwelling unit if
conducted in any other form of dwelling. No equipment or process shall be used which
creates visible or audible interference in any radio or television receiver, or causes
fluctuations in line voltage, off the premises.
(g) No commodity shall be sold and/or delivered upon the premises.
(h) Home occupations shall be limited to the following: Architect, artist, broker, consult-
ant, dressmaker, draftsman, engineer, interior decorator, lawyer, manufacturer's
Supp. No. 5 339
§ 906 MIAMI, FLORIDA
agent, notary public, teacher (excluding band instrument, and group instruction), and
other similar occupations. Specifically excluded from permitted home occupations are
physicians, dentists and medical laboratories.
(i) A home occupation shall be subject to all applicable city occupational license and other
business taxes.
906.6. Permanent active recreation facilities as accessory uses in residential districts; special
permits.
Permanent outdoor swimming pools, permanent whirlpools (and similar facilities), perma-
nent tennis courts, and similar active recreation facilities accessory to principal uses require
a Class I Special Permit with mandatory notification to abutting property owners.
In connection with the special permit, section 1305 shall constitute the standard for
issuance.
906.7. Convenience establishments as accessory to residential or office uses.
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 establishments shall be permitted only in connection
with principal residential uses having at least fifty (50) 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).
906.7.1.1. Conversion table for mixed -use buildings. Where buildings contain mixtures
of such uses, and do not meet minimum requirements for any of the individual
elements limited above, accessory convenience establishments shall be permitted
if the total combined uses is equivalent to one hundred (100) points, computed as
follows:
Use Points
1 dwelling unit 1
1 lodging unit 2
200 square feet of gross floor area in office use 1
906.7.2. Maximum floor area permitted in accessory convenience establishment.
906.7.2.1. Except as specified below, maximum total floor area in all accessory
convenience establishments permitted shall not exceed an amount equivalent to
ten (10) percent of the gross floor area of principal uses. Quick copy services as an
Supp. No. 5 340
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ZONING § 906
accessory to principal office uses and as defined in this article shall not exceed an
amount equivalent to two (2) percent of the gross floor area of the principal use
or fifteen hundred (1500) square feet, whichever is less.
906.7.2.2. Increases in maximum total floor area permitted for accessory convenience
establishments may be authorized pursuant to a Class II Special Permit upon
finding that such an increase is in keeping with a particular character of the
principal use involved and that such an increase will not have an overall adverse
effect on the principal use.
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
Hotels, etc., Residential Offices with
with 50 or uses with 100 20,000 sq. ft.
more lodging or more dwell- or more gross
units ing units floor area
Apothecary P P P
Accessory banking service P C P
Bar P S S*
Barbershop P P P
Beauty shop P P P
Laundry or dry cleaning
agency P P P
Newsstand P P P
Quick copy service — P*
Restaurant P C C
Sundry shop (including gifts,
food items, household sta-
ple) P P P
Travel service C C P
Business center — B P
P: Permitted
—: Not permitted
B: Class I Special Permit required
C: Class II Special Permit required
S: Special Exception required
*Offices with 60,000 square feet or more gross floor area required.
Supp. No. 11 341
§ 906 MIAMI, FLORIDA
906.7.4. Applications for and limitations on size of restaurants as accessory convenience
establishments. All applications for a special permit under this subsection shall
contain a listing of all owners (condominium), renters (residential apartment) or
lessees (office), as the case may be, indicating their approval (or disapproval); the
disapproval of a majority of the owners, renters, or lessees, as the case may be, will
create a rebuttable presumption that a restaurant of this type would not be in the best
interests of the owners, renters or lessees, as the case maybe. The application shall
also acknowledge that the restaurant use is to be restricted to owners, renters or
lessees (and their accompanied guests) of the residential and/or office units in the
principal use; and that the applicant is prepared to offer a covenant to that effect. All
such accessory restaurant uses in existence on adoption of this paragraph and not
complying with the terms of this subsection are deemed nonconforming uses. Provided,
however, any existing accessory restaurant which desires an increase in the number of
seats provided upon the effective date of this paragraph may apply for Special
Exception and be governed by the requirements contained herein.
Where restaurants are accessory to residential uses, gross area shall not exceed an
amount equal to fifteen (15) square feet for each dwelling or lodging unit, and the
maximum number of seats shall be one (1) seat per dwelling or lodging unit, but not
more than three hundred (300). These maximums include any waiting lounge areas.
Seating in waiting lounge areas shall not exceed twenty (20) percent of total seating.
Where restaurants are accessory to office uses, total area shall not exceed an amount
equal to one (1) square foot for each twenty (20) square feet of gross floor area in office
use, not to exceed three thousand (3,000) square feet.
906.7.5. Limitations on access to accessory convenience establishments. All access to any
such accessory convenience establishments, except for necessary service entrances,
laundries serving the principal use and fire exits, shall be from a lobby or other interior
portion of the building.
906.7.6. Limitations on signs, display. No signs or displays relating to such accessory
convenience establishments shall be visible outside the building or from any right-of-
way.
906.7.7. Limitations on location of offstreet parking for restaurants. Offstreet parking for
restaurants shall be segregated from other parking and reserved for restaurant
patrons. Offstreet parking required for residential uses shall be reserved for such uses
and shall not be used for restaurant parking, except by occupants of the principal uses.
906.7.8. Offstreet loading facilities for restaurants. Restaurant uses shall provide adequate
offstreet loading and service areas, screened and buffered as to visibility from
surrounding residential development, accessways for the principal use and restaurant
facility, and public ways.
906.7.9. Location, orientation, design, landscaping. All restaurant facilities shall be so
located, oriented, and designed as to minimize friction between restaurant and any
Supp. No. 11 342
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ZONING § 401
For buildings with square footage in excess of five hundred thousand (500,000) square feet:
Residential:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet by fifteen (15) in
height;
One (1) berth for every one hundred (100) residential units or fraction thereof.
And in addition:
Berth minimum dimension to be ten (10) by twenty (20) feet;
One (1) berth for every thirty (30) residential units or fraction thereof;
All residential loading berths shall be located away from the base building line of the
proposed berth area at a distance equal to at least the length of the required
loading berth.
Nonresidential:
Berth minimum dimension to be twelve (12) by fifty-five (55) feet by fifteen (15) in
height;
In addition to the requirements set forth above, there shall be one (1) berth for every
five hundred thousand (500,000) gross square feet of building area.
By Class I Special Permit one (1) larger (six hundred sixty (660) square feet) loading space
may be replaced by two (2) of the smaller (four hundred twenty (420) square feet)
loading spaces as dictated .by needs of the individual project.
Sign Regulations:
See Article 10 for sign regulations and limitations.
R-4 Multifamily High -Density Residential.
Intent and Scale:
This residential designation allows single-family, duplex and multifamily structures up to
and including high-rise apartment structures with a maximum density of one hundred fifty
(150) units per net acre. Allowed within this district, and subject to specific limitations, are
supporting services such as places of worship, primary and secondary schools, daycare,
community based residential facilities and convenience establishments.
For any lot located on the southeast side of Brickell Avenue between 15th Road and 25th
Road, the seventy (70) feet adjacent to Brickell Avenue on the southeast side shall be dedicated
to the city, having been first improved with a frontage road and landscaping in conformity with
official plans, policies and standards of the city, under a Class II Special Permit. In computing
the gross area of such lots, the area dedicated shall be included as though it were net lot area,
and credit for adjacent green space shall be computed from the location of the lot line adjacent
to Brickell Avenue prior to the dedication. Similarly, in determinations concerning other
Supp. No. 11
107
§ 401 MIAMI, FLORIDA
requirements which may be affected, the dedicated area and adjacent beneficial green space
shall be included, except that the minimum front yard shall be provided within the boundaries
of the newly established lot line.
Intensity:
Except as specified in Section 903.5, when a single family or duplex use is proposed within
an R-4 Zoning District, the following standards shall apply:
Minimum lot size: Twenty thousand (20,000) square feet.
Setbacks: Front - twenty (20) feet, side - ten (10) feet, rear - ten (10) feet except when
abutting R-1 or R-2 districts, in which case it will be twenty (20) feet.
Height: For buildings which abut a right-of-way of less than one hundred (100) feet in width,
the maximum height of a building at the base building line is equal to the sum of the
right-of-way plus the two (2) front setbacks on either side of the right-of-way or one
hundred twenty (120) feet, whichever is greater. Portions of buildings above that point
(the maximum height of a building at the base building line) shall not exceed a height
as delineated by a forty-five (45) degree inward sloping plane measured by a ratio of
one (1) foot horizontal and one (1) foot vertical except in lots with multiple street
frontages, where this additional setback applies to frontage on arterials and collectors
only.
For buildings which abut a right-of-way of one hundred (100) feet or more in width, the
maximum height of a building at its base building line is two hundred forty (240) feet;
Supp. No. 11 108
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ZONING § 401
portions of buildings above that point (two hundred forty (240) feet in height) shall not
exceed a height as delineated by a sixty (60) degree inward -sloping plane measured by
a ratio of one (1) foot horizontal and two (2) feet vertical measured from said point.
Minimum lot width: One hundred (100) feet.
Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot
area.
Building footprint: Maximum of four -tenths (0.40) times the gross lot area.
Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area.
Permitted Principal Uses:
1. One -family buildings.
2. Two-family buildings.
3. Multiple -family buildings.
4. Hotels (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and
Biscayne Bay, excluding the intersection of S.E. 25 Road and Brickell Avenue where
hotels shall be permitted).
5. Motels (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and
Biscayne Bay).
6. Tourist homes (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue
and Biscayne Bay).
7. Guest homes (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue
and Biscayne Bay).
8. Occupancy of private pleasure craft as living quarters; and housebarges are prohibited
except for those private pleasure craft and housebarges specifically permitted on the
Miami River by section 941, as listed in Attachment A, Ordinance No. 10932, adopted
October 24, 1991.
9. Community based residential facilities, licensed by FHRS, for six (6) or fewer clients
(not including drug, alcohol or correctional rehabilitation facilities and dangerous
mentally ill persons) when located at least one thousand (1,000) feet from any existing
similar facility, measured from the nearest point of the site of the existing facility to the
nearest point of the site of the proposed facility, provided they are registered with the
planning, building and zoning department pursuant to section 934.2.1.
10. Community based residential facilities, licensed by FHRS, with from seven (7) to a
maximum of fourteen (14) clients (not including drug, alcohol or correctional rehabil-
itation facilities and dangerous mentally ill persons) when located at least one
thousand two hundred (1,200) feet from any existing similar facility, or five hundred
(500) feet from any single-family district measured from the nearest point of the site
Supp. No. 8 109
§ 401 MIAMI, FLORIDA
of the existing facility to the nearest point of the site of the proposed facility, provided
they are registered with the planning, building and zoning department pursuant to
section 934.2.1.
Permitted Accessory Uses:
Same as for R-1 and in addition:
1. Cellular communications site provided that the miscellaneous antennas and all of its
appurtenances: (1) shall not be visible from ground from a maximum distance of six
hundred (600) feet; screening from ground view may be provided by a parapet or some
other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the
roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not
exceed three (3) separate areas per roof top; (5) shall be installed and maintained in
accordance with all applicable Code requirements; and (6) shall not be located on
buildings or structures thereon of less than forty-five (45) feet in height.
Conditional Principal Uses:
Same as for R-3 and in addition:
1. Adult daycare centers shall be permitted by Class I Special Permit if for four (4) adults
or less, and by Class II Special Permit if for five (5) adults or more, subject to the
requirements and limitations of section 935, Adult daycare centers.
2. Community based residential facilities, with more than fourteen (14) residents
including staff permitted only by Special Exception with city commission approval,
subject -to the requirements and limitations of section 934.
3. Convalescent homes, nursing homes, institutions for the aged or infirm and orphan-
ages are permitted only by Special Exception with city commission approval, subject to
the requirements and limitations of section 934.
4. Child daycare centers, subject to the restrictions and limitations in section 936,
permitted by Class I Special Permit.
Conditional Accessory Uses:
Same as for R-3 and in addition:
1. Private clubs and lodges, not for profit, shall be permitted only by Special Exception.
Where permitted, the floor area of any such private club or lodge shall be limited by
convenience establishment requirements.
Offstreet Parking Requirements:
One -family and two-family: Same as required in R-1.
Multifamily: Same as required in R-3.
Child care: Same as required in R-1 district.
Community based residential facility: Same as required in R-1 district.
Supp. No. 8
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ZONING § 1502
ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS
Sec. 1500. Regulations applying.
Issuance, issuance with conditions and safeguards attached, or denial of Class II Special
Permits, is governed by regulations applying to special permits generally as set out in article
13 of this ordinance, regulations applying to particular uses or occupancies appearing in the
official schedule of district regulations, regulations applying to particular uses and occupancies
that may be set out elsewhere in this zoning ordinance, and regulations set out in this article.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1501. Informal notice and hearing.
No formal public notice and hearing are required in connection with Class II Special Permit
procedures except as follows:
1501.1. Notice required by applicant to adjacent property owners. At the time of initial
application, the applicant shall notify in writing all abutting property owners including
those across a street or alley, by certified mail, and shall submit with the application
said certified receipt(s), except in the case of signs, where no notice is required.
In the case of adjacent condominiums, only one (1) notice to the condominium
association will be sent.
1501.2. Required courtesy notice to registered neighborhood and 1 or homeowner associa-
tions. All neighborhood and/or homeowner associations who wish to receive a courtesy
notice of Class II Special Permit applications in their areas shall register with their
Neighborhood Enhancement Team (NET) Office on a yearly bases. Such registration
shall consist of a letter to the director of the Department of Community Planning and
Revitalization in which the association shall request such notification and shall specify
the name, address and telephone number of the official representative of the associa-
tion designated to receive said notice and a list of all the officers of said association.
At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations pertaining to the applications in ques-
tion from the Department of Community Planning and Revitalization and shall notify
the official representative of all such registered associations in writing, by certified
mail, of the application; the applicant shall submit with the application said certified
receipts, except in the case of applications for signs, in which case no notice is required.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11387, § 2, 7-25-96)
Sec. 1502. Referrals; time limitations.
Within seven (7) calendar days of receipt in the office of a complete application for package
for Class II Special Permit, the director of the department of community planning and
revitalization shall make referrals to such other officers, agencies, or departments as are
required in the case by this zoning ordinance or which suformuNet
Supp. No. 5
499
FUBLIC RECORD FOP
§ 1502 MIAMI, FLORIDA
necessary to proper disposition of the application; all Class II Special Permit applications shall
be referred to the applicable Neighborhood Enhancement Team (NET) Office. Reviews,
analyses, and/or technical findings in such cases shall be returned to the office within fifteen
(15) calendar days of the date of the director's referral, except on referrals to any city board
where referrals shall be returned to the office within seven (7) calendar days after the date of
said board meeting, unless the applicant and the director shall mutually consent to a longer
time period specified in writing for good cause shown.
The director shall give full consideration to advice or information received as a result of such
referrals in arriving at his decision.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11387, § 2, 7-25-96)
Sec. 1503. Time limitations; conferences; notification of decision.
1503.1. Notification concerning intended decisions; time limitations.
The director of the department of community planning and revitalization shall notify the
applicant of the intended decision within the following time limits, except where a longer
period is specified by mutual agreement between the applicant and the director, in writing and
for good cause shown.
1503.1.1. Notifications concerning intended decisions; time limits with no referrals to any
city board. If no referrals to any city boards are involved in connection with the
application, the director of the department of community planning and revitalization
shall give written notice of the intended decision, stating the reasons therefor, to the
applicant within thirty (30) calendar days of the receipt of the complete application
package in the office.
1503.1.2. Notification concerning intended decision; time limits with referrals to any city
board. Where referrals to any city board are made, the director of the department of
community planning and revitalization shall give written notice of the intended
decision stating the reasons therefor, to the applicant within ten (10) calendar days
after said board meeting; in cases of no quorum, the director may waive review by said
board.
1503.2. Request by applicant for conference; time limitation; applicant to have access to record.
Within five (5) calendar days of receipt of such notification, the applicant may request a
conference between the applicant and/or the applicant's agent and the director of the
department of planning, building and zoning and such representatives of the referenced
officers, agencies, or departments as the applicant desires, for the purpose of presenting
additional facts, arguments, information or data in support of the applicant's position.
Prior to such conference, the applicant shall be given full opportunity to examine all reports
submitted on referrals in the case, as provided at section 1307.1 of this ordinance.
1503.3. Director of department of planning, building and zoning to arrange conference, secure
attendance; conference to be convened; effect of failure to appear.
Supp. No. 5 500
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ZONING § 1505
Upon request for such a conference, the director of the department of planning, building and
zoning shall be responsible for securing attendance of representatives of those referenced
officers, agencies, or departments indicated by the applicant, and for setting a mutually
agreeable time for such conference.
If any of the designated representatives fail to appear, the director shall enter such fact in
the record of the case and proceed, with any other designated representatives present, to hear
the applicant, unless the applicant requests a postponement. The director shall note the fact
for the record and make the record otherwise required for discussion, with the absence of the
official constituting possible basis for reaching final decision.
If the applicant fails to appear, the director shall enter that fact in the record on the case,
and may either arrange another conference or proceed to make the decision as though the
conference had been held.
1503.4. Decision of director of department of planning, building and zoning; time limitations;
further action on permits.
Within ten (10) calendar days after such conference or, if no conference is requested, within
ten (10) calendar days after the applicant receives notification of intended decision, the
director of the department of planning, building and zoning shall reach a decision, unless the
applicant and the director shall mutually consent to a longer period specified in writing for
good cause shown, and shall notify the applicant of such decision in writing, with reasons
therefor, and proceed as set forth at section 1308, Actions following decisions on special
permits.
All Class II Special Permits shall expire one (1) year after issuance.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11387, § 2, 7-25-96)
Sec. 1504. Time extensions.
1504.1. Upon a written request to the director of the department of community planning and
revitalization, accompanied by the appropriate fee as specified in the Code of the City of
Miami (section 62-61), an approved Class II Special Permit shall be permitted no more than
one (1) time extension for a period not to exceed twelve (12) months.
(Ord. No. 11502, § 2, 5-22-97)
Sec. 1505. Changes in original applications after final approval.
1505.1. Requirements concerning changes in original applications after final approval.
Changes in an approved Class II Special Permit may be permitted after application to the
director of the department of community planning and revitalization by the original applicant
or successors in interest. Upon receipt of such an application, the director of the department
of community planning and revitalization shall refer the application to the zoning adminis-
trator, who shall determine whether such changes are substantial changes, as defined in
section 2215.1 of this ordinance.
Supp. No. 5 501
§ 1505 MIAMI, FLORIDA
If the proposed changes are determined to be substantial, the changes shall be treated as a
proposed new application for Class II Special Permit.
If the proposed changes are determined to be nonsubstantial, the director of the department
of community planning and revitalization shall, upon receipt of a fee for "nonsubstantial
modification" of a Class II Special Permit, as specified in the Code of the City of Miami (section
62-61), be responsible for review and approval, or denial, or approval with conditions of the
amendments.
(Ord. No. 11502, § 2, 5-22-97)
Secs. 1506-1509. Reserved.
Sec. 1510. Class II Special Permit for preservation of natural or archaeological
features.
1510.1. Intent.
The preservation of natural features of land such as trees, vegetation, geological, and other
characteristics and the preservation of features of archaeological significance are declared to
be in the public interest. If the requirements set out herein are met, said preservation justifies
the relaxation of certain otherwise applicable zoning regulations by granting a Class II Special
Permit for their preservation.
1510.2. Standards.
In addition to other applicable standards required to be met for the issuance of a Class II
Special Permit, the director of the department of planning, building and zoning shall
determine that the tree(s), vegetation, other natural characteristic(s), or archaeological
feature(s) are in the buildable area of the site and not in yard or setback areas required for the
development of the site before reaching decision to grant a Class II Special Permit for the
preservation of natural or archaeological features:
1510.2.1. Limitations on types of regulations that may be relaxed. The requested Class II
Special Permit will be granted only for the relaxation of zoning regulations pertaining
to yards, required offstreet parking, height envelope, light plane or open space
requirements only.
1510.3. Procedures.
A written application shall be submitted for Class II Special Permits. In addition, the
following shall also be submitted:
1510.3.1. Demonstration of justification. A written statement justifying the requested
relaxation of otherwise applicable zoning regulations and providing evidence that the
natural or archaeological feature sought to be preserved cannot be relocated.
1510.3.2. Notification of adjoining property owners. The applicant shall obtain from all
owners of property adjacent to or abutting the subject property a signed statement
demonstrating that the signer knows what the applicant is requesting. In cases where
Supp. No. 5 502
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ZONING § 1512
the applicant is unable to obtain such signed statement, the applicant shall notify and
enclose a statement for the abutting or adjoining property owner(s) by certified mail,
return receipt requested. Such statements or requests for same are a part of the
application for the Class II Special Permit, and the application will not be deemed
complete without them. Adjacent or abutting property owners may, in addition,
indicate their objection or approval of the application. Such objections or statements of
approval shall be considered by the director of the department of planning, building
and zoning in reaching decisions, but shall not be binding upon the director of the
department of planning, building and zoning in its decision.
1510.3.3. Site plan. A site plan indicating the existing natural or archaeological feature(s)
by exact size, location on the site, common and botanical name (if any) and a coded
plant list (if any), and location of all proposed improvements, including yard, and
setback lines.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1511. Class II Special Permit required for any development between Biscayne
Bay and the first dedicated right-of-way.
A Class II Special Permit shall be required for any development on property located between
Biscayne Bay and the first dedicated right-of-way pursuant to provisions and standards
contained in section 1305 of this ordinance (unless a Special Exception Permit or Major Use
Special Permit ("MUSP") is issued pursuant to article 13 of this ordinance).
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord, No. 11455, § 2, 2-27-97)
Sec. 1512. Class II Special Permit required for waiver of design standards and
guidelines.
Unless otherwise required by this zoning ordinance, as amended, the Code of the City of
Miami, as amended or the South Florida Building Code, as amended; all City of Miami Design
Standards and Guidelines, incorporated herein by reference, may be waived pursuant to a
Class II Special Permit.
1512.1. Criteria to be considered in the granting of waivers of Design Standards and
Guidelines. In addition to the considerations listed in section 1305 of this ordinance,
the following shall also apply to the review of Class II Special Permits being reviewed
pursuant to this section:
(a) Waivers of Design Standards and Guidelines may be granted when, to do so
promotes the intent of the particular district where the proposal is located.
(b) Waivers of Design Standards and Guidelines may be granted when, the obser-
vance of applicable guides and standards for which the waiver is being requested
would put the proposed project into a variance situation which is against the
public interest.
Supp. No. 5 503
§ 1512 MIAMI, FLORIDA
(c) Waivers of Design Standards and Guidelines may be granted when, to do so will
help minimize or mitigate any potential adverse effect of a specific proposal whose
implementation promotes the public interest.
1512.2. Specific findings required. Specific findings shall be made by the Department of
Community Planning and Revitalization which establish how the above criteria are
met. Additionally, any conditions, restrictions and limitations deemed appropriate
shall be implemented in order to ensure compliance with the considerations set forth
above, as well as in section 1305 of this ordinance.
(Ord. No. 11386, § 2, 7-25-96)
Sec. 1513. Certificate of compliance in -lieu -of a Class II Special Permit.
1513.1. Intent.
Certificates of compliance are instituted in an effort to facilitate permitting procedures for
proposals which fully comply with the applicable special design standards and guidelines,
created to promote an elevated quality of design and an enhanced general appearance of
districts or areas designated as having special and substantial public interest.
This procedure is intended reduce the time needed to obtain administrative approval for
proposals subject to technical review by the Department of Community Planning and
Revitalization.
1513.2. Requirements.
A certificate of compliance, in -lieu -of a Class II Special Permit, shall be awarded to a
proposal when the following conditions have been met:
(a) A certificate of compliance in -lieu -of Class II Special Permit application shall be
completed by the applicant.
(b) The Zoning Division shall approve the certificate of compliance in -lieu -of Class II
Special Permit application and refer it to the Department of Community Planning and
Revitalization.
(c) The proposal shall be found to comply with the applicable special design standards and
guidelines, upon review by the Department of Community Planning and Revitaliza-
tion.
1513.3. Effect.
Upon compliance with the criteria listed in section 1513.2., and upon payment as specified
in section 62-61 of the City Code, a certificate of compliance shall be awarded the proposal and
all Class II Special Permit requirements shall be waived.
(Ord. No. 11386, § 2, 7-25-96; Ord. No. 11457, § 2, 2-27-97)
Supp. No. 5 504
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ZONING § 1520
Sec. 1514. Class II Special Permit required for development on property adjacent to
the Miami River.
A Class II Special Permit shall be required for any development on property located between
the Miami River and the first dedicated right-of-way. In cases where a right-of-way immedi-
ately abuts the Miami River, property fronting those sections of right-of-way abutting the
Miami River shall also require a Class II Special Permit for any proposed development. Class
II Special Permits under this section shall be reviewed pursuant to provisions and standards
contained in section 1305 of this ordinance (unless a Special Exception Permit or Major Use
Special Permit ("MUSP") is issued pursuant to article 13 of this ordinance).
(Ord. No. 11455, § 2, 2-27-97)
Sec. 1515. Reserved.
Editor's note —Ord. No. 11457, § 2, adopted Feb. 27, 1997, repealed § 1515 which pertained
to appeals and derived from Ord. No. 11455, § 2, adopted Feb. 27, 1997. Similar provisions can
now be found in § 1520.
Secs. 1516-1519. Reserved.
Sec. 1520. Appeals.
Appeals of Class II Special Permits and certificates of compliance in -lieu -of Class II Special
Permit shall be filed pursuant to article 18.
(Ord. No. 11457, § 2, 2-27-97)
(The next page is 517)
Supp. No. 5 505
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ZONING
ARTICLE 13. SPECIAL PERMITS; GENERALLY
Sec. 1300. Intent, generally.
§ 1301
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 oper-
ation, or the necessity for making complex or unusual determinations; also to assure consid-
eration 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.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1301. Classes of special permits; intent; agent, agency, or body responsible for
each; referrals.
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 neigh-
borhoods 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.
Classes of special permits, their intent, and the agent, agency, or body responsible for
each, and referrals are as follows:
1301.1. Class I Special Permits; intent; administered by zoning administrator; mandatory re-
ferrals.
It is intended that Class I Special Permits be required where specified uses or character-
istics of use are of a 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
Supp. No. 1 457
§ 1301 MIAMI, FLORIDA
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 zoning administrator. The zoning administrator shall be solely
responsible for the administration and processing of applications for Class I Special
Permits, and for determinations thereon. Decisions of the zoning administrator re-
garding Class I Special Permits shall be affected and limited by reports received on
referrals as provided in sections 1401 and 1402 (see article 14).
1301.2. Class 11 Special Permits; intent; determinations by director of department of planning,
building and zoning; referrals.
It is intended that Class II Special Permits be required where specified uses and/or occu-
pancies involve substantial technical issues relating to planning policy.
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 (see article 15, section 1502).
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 re-
quiring special and intensive review to determine whether or not they should be
permitted in specific locations, and if so, the special limitations, conditions, and safe-
guards which should be applied as reasonably necessary to promote the general pur-
poses 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 (see article 16).
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 uses and/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 (see article 17).
The director of the department of planning, building and zoning shall make recommen-
dations 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
Supp. No. 1 458
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ZONING § 1303
recommendations and may make referrals to other agencies, bodies, or officers for review,
analysis, and/or technical findings and determinations and reports thereon.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92)
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.
(Ord. No. 10863, § 1, 3-28-91)
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 therefor is made by this zoning ordinance. No application for a 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 require-
ments of this ordinance, and could not practically and reasonably be made to do so by attach-
ment 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 advi-
sory board or the city commission shall not be applicable during the thirty-one (31) days of
August.
(Ord. No. 10863, § 1, 3-28-91)
Supp. No. 3 459
§ 1304 MIAMI, FLORIDA
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 zoning ordinance, applications for spe-
cial 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 autho-
rized 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 writ-
ten sworn -to consent, or by duly authorized agents, evidenced by a written power
of attorney, if the agent is not a member of the Florida Bar. Only applications
which the zoning board and the city commission are authorized to consider and
act upon shall be accepted for filing.
(b) Statement describing in detail the character and intended use of the development
or activity.
(c) General location map, showing relation of the site or activity for which special
permit is sought to major streets, schools, existing utilities, shopping areas, im-
portant physical features in and adjoining the project or activity and the like.
Supp. No. 3 460
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ZONING § 1304
(d) A site plan containing the title of the project and the names of the project planner
and developer, date, and north arrow and based on an exact survey of the prop-
erty drawn to a scale of sufficient size to show:
(1) Boundaries of the project, any existing streets, buildings, watercourses, ease-
ments, and section lines;
Supp. No. 3 460.1
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ZONING § 1304
(2) Exact location of all buildings and structures;
(3) Access and traffic flow and how vehicular traffic will be separated from
pedestrian and other types of traffic;
(4) Offstreet parking and offstreet loading areas;
(5) Recreation facilities locations;
(6) All screens and buffers;
(7) Refuse collection areas; and
(8) Access to utilities and points of utilities hookups.
(e) Tabulations of total gross acreage in the project and the percentages thereof
proposed to be devoted to:
(1) The various permitted uses; and
(2) Ground coverage by structures.
(f) Tabulation showing:
(1) The derivation of numbers of offstreet parking and offstreet loading spaces
shown in (d) above; and
(2) Total project density in dwelling units per acre.
(g) If common facilities (such as recreation areas or structures, private streets, common
open space, etc.) are to be provided for the development, statements as to how
such common facilities are to be provided and permanently maintained. Such
statements may take the form of proposed deed restrictions, deeds of trust, ho-
meowners' associations, surety arrangements, or other legal instruments pro-
viding adequate guarantees to the city that such common facilities will not be-
come a future liability of the city.
(h) Storm drainage and sanitary sewerage plans.
(i) Architectural definitions for buildings in the development; exact number of
dwelling units, sizes, and types, together with typical floor plans of each type.
(j) Plans for signs, if any.
(k) Landscaping plan, including types, sizes and locations of vegetation and decora-
tive shrubbery, and showing provisions for irrigation and future maintenance.
(1) Plans for recreation facilities, if any, including location and general description
of buildings for such use.
(m) Such additional data, maps, plans, or statements as may be required for the
particular use or activity involved.
(n) Such additional data as the applicant may believe is pertinent to the proper
review for compliance and consideration of the site and development plan.
Items (c), (d), (k), and (i) above shall be prepared by a registered surveyor, engineer,
architect, landscape architect or certified planner as may be appropriate to the par-
ticular item.
1304.2.2. Application forms; completion before processing. For purposes of establishing
time limitations on processing, no application shall be deemed to have been filed
Supp. No. 2
461
§ 1304 MIAMI, FLORIDA
unless and until the applications shall have been completed; all plans, reports or other
information, exhibits, or documents required by this zoning ordinance or administra-
tive rules adopted pursuant hereto shall have been provided; and all fees due at time
of filing shall have been paid.
1304.2.3. Application forms; supplementary materials. During processing of any applica-
tion, if it is determined by the designated agent, agency, or body of the city that in the
particular circumstances of the case additional information is required to make nec-
essary findings bearing on its approval, denial, or conditions and safeguards to be
attached, such information may be requested. Failure to supply such supplementary
information may be used as grounds for denial of the permit.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92; Ord. No. 11079, § 4, 7-22-93)
Sec. 1305. Considerations generally; standards; findings and determinations required.
As appropriate to the nature ofthe special permit involved and the particular circum-
stances of the case, the following considerations and standards shall apply generally, in ad-
dition to any other standards and requirements set forth concerning the class or kind of permit
being considered. City agents, agencies, or boards charged with decisions concerning special
permits shall make, or cause to be made, written findings and determinations concerning such
of the following matters as are applicable in the case, shall reflect such considerations and
standards specifically in the record, and shall be guided by such considerations and standards
in their decisions as to issuance of permits, with or without conditions and safeguards, or
denial of applications.
1305.1. Ingress and egress.
Review for adequacy shall be given to ingress and egress to the property and structure and
uses thereon, with particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other emergency.
1305.2. Offstreet parking and loading.
Review for adequacy shall be given to offstreet parking and loading facilities as related to
adjacent streets, with particular reference to automotive and pedestrian safety and conve-
nience, internal traffic flow and control, arrangement in relation to access in case of fire or
other emergency, and screening and landscaping.
1305.3. Refuse and service areas.
Review for adequacy shall be given to the location, scale, design, and screening of refuse
and service areas; to the manner in which refuse is to be stored; and to the manner and timing
of refuse collection and deliveries, shipments, or other service activities, as such matters relate
to the location and nature of uses on adjoining properties and to the location and character of
adjoining public ways.
1305.4. Signs and lighting.
Supp. No. 2 462
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ZONING § 1306
Review for adequacy shall be given to the number, size, character, location, and orienta-
tion of proposed signs, and of proposed lighting for signs and premises, with particular refer-
ence to traffic safety, glare, and compatibility and harmony with adjoining and nearby prop-
erty and the character of the area.
1305.5. Utilities.
Review for adequacy shall be given to utilities required, with particular reference to
availability and capacity of systems, location of connections, and potentially adverse appear-
ance or other adverse effects on adjoining and nearby property and the character of the area.
1305.6. Drainage.
Review for adequacy shall be given to provision for drainage, with particular reference to
effect on adjoining and nearby properties and on general drainage systems in the area. Where
major drainage volumes appear likely and capacity of available systems is found marginal or
inadequate, consideration shall be given to possibilities for recharge of groundwater supply on
the property, temporary retention with gradual discharge, or other remedial measures.
1305.7. Preservation of natural features.
Review for appropriateness shall be given to provision for the preservation of existing
vegetation and geological features whenever possible.
1305.8. Control of potentially adverse effects generally.
In addition to the review of detailed items indicated above, as appropriate to the particular
class or kind of special permit and the circumstances of the particular case, review for appro-
priateness shall be given to potentially adverse effects generally on adjoining and nearby
properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or its
location, construction, design, character, scale or manner of operation. Where such potentially
adverse effects are found, consideration shall be given to special remedial measures appro-
priate in the particular circumstances of the case, including screening or buffering, land-
scaping, control of manner or hours of operation, alteration of proposed design or construction
of buildings, relocation of proposed open space or alteration of use of such space, or such other
measures as are required to assure that such potential adverse effects will be eliminated or
minimized to the maximum extent reasonably feasible, and that the use or occupancy will be
compatible and harmonious with other development in the area to a degree which will avoid
substantial depreciation of the value of nearby property.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92)
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the city designated by this zoning ordinance as having
responsibility for issuance or denial of each of the classes of special permits set out in this
article 13 shall have authority to attach to the grant of any such special permit such conditions
and safeguards as may be necessary for the purposes of this zoning ordinance in the particular
case.
Supp. No. 2
463
§ 1306 MIAMI, FLORIDA
Such conditions and safeguards, if attached to grant of special permit, shall be based upon
and consistent with considerations and standards applicable to the class or kind of special
permit involved as set out in section 1305 of this ordinance, Considerations generally; findings
and determinations required, and in other provisions relating to the particular class or kind
of permit. The requirement for any such conditions or safeguards shall be supported by stated
reasons therefor, based upon such considerations and standards, and no such condition or
safeguard shall establish special limitations and/or requirements beyond those reasonably
necessary for the accomplishment of the purpose for which the condition or safeguard is
attached.
Failure to comply with conditions and safeguards, when attached to grant of special
permit, shall be deemed a violation of this zoning ordinance. See section 2108, Action on
violations; remedies for violations on Class I or Class II special permits; and section 2109,
Penalties for violations on Special Exceptions.
(Ord. No. 10863, § 1, 3-28-91; Ord. No.11057, § 1, 3-25-93)
Sec. 1307. Notice and bearing generally; availability of recommendations; records.
It is the intent of this zoning ordinance that requirements herein set out for notice and
hearing, whether formal or informal, for the several types of special permits are to be deemed
sufficient for meeting the standards of due process for the specific permit for which application
is made.
1307.1. Information on which decision is based to be public and available to applicant.
Each agent, agency, or body of the city responsible for decision on special permits shall
afford to the applicant full information on which the decision of the agent, agency, or body of
the city is based; and full opportunity shall be given to the applicant, prior to reaching final
adverse or conditional decision, to provide additional information of a rebuttal nature. All
information on which the decision of the agent, agency, or body of the city is based in addition
to the decision shall be available to the public in accordance with state law.
1307.2. Required record of formal hearings, informal conferences.
Records shall be maintained of any formal or informal hearing or conference in connection
with special permits, and the same shall be a public record. Such records shall include, but not
be limited to, all material necessary for decisions, supporting conditions, and safeguards, if
any, attached to special permits, and to any agreements established in relation thereto, or to
any disagreements and reasons therefor. On payment of any costs involved in reproduction,
copies of all or portions of such records shall be made available to applicants and other
interested parties on request.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1308. Actions following decisions on special permits.
Following decisions on special permits, the following actions shall be taken promptly:
1308.1. Notification of decisions..
Supp. No. 2 464
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ZONING § 1311
Where special permits are approved, with or without conditions, or denied, applicants
shall be so informed in writing, with a summary of the reasons therefor and notice that
complete records on the case are available in a location specified, and are public records.
1308.2. Notification of affected agencies or officials of decisions; actions following such notifi-
cation.
Where special permits are approved or denied, affected agencies or officials shall be
informed, by copy of the permit, including any conditions and attached thereto.
As appropriate to the circumstances of the case, upon such notification, such agencies or
officials shall proceed to decide concerning any building permit, occupancy permit, or other
action dependent upon issuance of the special permit, without further action by the applicant
therefor, and/or shall make such entries or records as are necessary for efficient performance
of their duties with regard to administration, inspection, or enforcement in the case.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1309. Permits apply to property, not person.
When granted, a special permit under any of the classes of special permits set out in
section 1301 of this ordinance above, together with any conditions or safeguards attached
thereto, shall apply to the land, structure, or use for which it was issued, and shall be binding
upon heirs and assigns, unless abrogated or altered in the manner set forth in this ordinance.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1310. Withdrawal of application for certain classes of permits; effect of with-
drawal.
An application for a Class I or a Class II Special Permit may be withdrawn by the
applicant at any time prior to decision without limitation on resubmittal, but if withdrawn
after the final decision has been issued, substantially the same application shall not be con-
sidered within twelve (12) months of date of withdrawal. An application for a Special Excep-
tion or a Major Use Special Permit may be withdrawn at any time, but if withdrawn after the
public hearing has been convened at which it was to be considered by the city commission,
substantially the same application shall not be considered within twelve (12) months of date
of withdrawal.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1311. Appeals from decisions on special permits.
Any person or persons, jointly or severally, aggrieved by the decision of any agent, agency,
or body of the city in granting, granting with conditions or safeguards, or denying a special
permit, or any officer, department, board, commission, or bureau of the city, may seek review
of such decision in the manner set out in this ordinance and the applicable laws of Florida for
the permit involved.
1311.1. Review of decisions for Class 1 or 11 Special Permits.
Supp. No. 2 465
§ 1311 MIAMI, FLORIDA
Review of decisions made for Class I or II Special Permits shall be by appeal to the zoning
board in the manner set out in articles 18 and 20 of this zoning ordinance.
1311.2. Review of decisions for Special Exceptions.
Review of decisions made by the zoning board for Special Exceptions shall be in the
manner set out in article 20 of this zoning ordinance.
1311.3. Review of decisions for Major Use Special Permits.
Review of decisions made by the city commission for Major Use Special Permits shall be
in the manner set out in article 20 of this zoning ordinance.
(Ord. No. 10863, § 1, 3-28-91)
[The next page is 4811
Supp. No. 2 466
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ZONING § 1804
ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING
Sec. 1800. Generally.
Appeals to the zoning board may be taken by any person aggrieved or by any officer,
board, or agency of the city affected by:
(1) Any decision of the zoning administrator including, but not limited to, decisions
involving interpretation of this zoning ordinance and decisions on Class I Special
Permits; or
(2) Any decision of the director of the department of planning, building and zoning
including, but not limited to, decisions involving Class II Special Permits.
Sec. 1801. Status of administrative decision; time limits on appeal; filing of appeal.
Decisions of the zoning administrator or the director of the department of planning,
building and zoning shall be deemed final, unless a notice of appeal is filed within not more
than fifteen (15) calendar days of the date such decision was rendered. Such notice of appeal,
specifying the grounds thereof, shall be filed with an officer or agent designated by the city
manager.
Sec. 1802. Transmittal of notice and record.
The officer or agent designated by the city manager shall promptly transmit the notice of
appeal to the zoning administrator or the director of the department of planning, building and
zoning, as the case may be. The officer from whom the appeal is taken shall forthwith transmit
to the zoning board all the materials constituting the record upon which the decision appealed
from was taken.
Sec. 1803. Stay of proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
officer from whom the appeal is taken certifies to the zoning board, after the officer has
received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in
the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall
not be stayed otherwise than by a restraining order issued by the zoning board or by a court
of competent jurisdiction, on notice to the officer from whom the appeal is taken and on due
cause shown.
Sec. 1804. Setting hearing dates; notice.
The officer or agent designated by the city manager shall set a date for the hearing of the
appeal, which shall not be more than forty-five (45) calendar days from the date the notice of
appeal was filed; provided, the time limitation herein set out shall not apply during the
thirty-one (31) days of the month of August. Notice of such date shall be given to the appellant
by certified mail. Notice by mail at least fifteen (15) calendar days in advance of the hearing
557
§ 1804 MIAMI, FLORIDA
shall be given to any persons who, at any stage in the proceedings including that time prior
to decision by the administrative official, have in writing indicated their desire to be notified.
Sec. 1805. Availability of records.
All records in the matter of the appeal shall be open to the appellant and any other
interested persons, so that all persons concerned shall have full opportunity to prepare for the
hearing of the appeal.
Sec. 1806. Hearing; powers of zoning board.
The zoning board shall conduct the public hearing on the appeal. Any person may appear
by agent or attorney. All materials transmitted to the zoning board upon the notice of appeal
shall be a part of the record in the case. New materials may be received by the zoning board
where such materials are pertinent to the determination of the appeal.
In exercising authority to review the decision of the administrative official, the zoning
board shall have all the powers of the officer from whom the appeal is taken and, in conformity
with the provisions of law and this zoning ordinance, may reverse or affirm, wholly or in part,
or may modify the decision appealed from and may make such decision as ought to be made.
The concurring votes of five (5) members of the zoning board shall be necessary to reverse any
decision of such administrative official, or to decide in favor of the appellant.
Sec. 1807. Review of decision of zoning board.
Review of decisions of the zoning board on matters covered by this article shall be as set
out in article 20 of this zoning ordinance.
[The next page is 573]
558
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ZONING § 2005
ARTICLE 20. STATUS OF DECISIONS OF ZONING BOARD; REVIEW BY CITY
COMMISSION; COMMISSION POWERS; EXHAUSTION OF ADMINISTRATIVE
REMEDIES AND JUDICIAL REVIEW
Sec. 2001. Status.
Decisions of the zoning board, whether acting on matters of appeal from the zoning
administrator or director of the department of planning, building and zoning or acting in its
original jurisdiction on matters of Special Exceptions or variances, are to be deemed final
unless, within fifteen (15) calendar days of the date of the board decision, a request for review
by the city commission is made in the manner herein set out.
Sec. 2002. Filing request; payment of fees; who may file.
A request for review of a zoning board decision by the city commission shall be filed with
an officer or agent designated by the city manager stating the specific reasons for such appeal,
together with payment of any required fee. Such request may be filed by the applicant or
petitioner or by any person or persons, jointly or severally, aggrieved by the action of the
zoning board, or by any officer, department, board, commission, or bureau of the city.
Sec. 2003. Procedures.
The officer or agent receiving the request for city commission review shall certify such
request through regular channels. Notice of commission hearing on the matter shall be given
as required originally for the particular type of permit or action for which commission review
is requested.
Sec. 2004. City commission powers on review.
The city commission on review shall have full power to affirm, reverse, or modify the
action of the zoning board.
Sec. 2005. Exhaustion of administrative remedies and judicial review.
Any appeal from the decision of the city commission may be taken by any person or
persons, jointly or severally, aggrieved by any decision of the city commission by filing a notice
of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida,
in accordance with the procedure and within the time provided by the Florida Rules of Ap-
pellate Procedure for the review of the rulings of any commission or board. It is the intent of
the city commission that all steps as provided by the zoning ordinance of the City of Miami,
Florida ("zoning ordinance"), be taken before any application is made to the court for relief;
and no application shall be made to the court for relief from decisions made pursuant to the
zoning ordinance unless the aggrieved party has first exhausted all remedies provided under
the zoning ordinance.
591
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ZONING § 616.10
616.8.4.4. Pedestrian through block connections; requirements and limitations. Whenever a
development includes a pedestrian through block connection, it shall be open and
accessible to the public during normal business hours. The walkway shall have a
minimum width of twenty (20) feet and a minimum height of ten (10) feet. The
walkway shall be appropriately improved and maintained for pedestrian comfort and
convenience.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 616.9. Height limitations.
616.9.1. SD-16, 16.2 height limitations; special requirements.
There shall be no height limitations within this district except as provided in section
616.8.1.2.
616.9.2. SD-16.1 height limitations.
There shall be no height limitations within this district.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 616.10. Offstreet parking and loading.
Since it is intended that automobile traffic be minimized in these districts because of the
districts' close proximity to Metrorail and the downtown Metromover, special offstreet parking
requirements and limitations are as follows, and in addition, offstreet parking and loading and
offsite parking shall be as required in sections 917, 918, 922 and 923, except as modified below.
616.10.1. SD-16, 16.1, 16.2 minimum and maximum offstreet parking limitations.
1. For dwelling units, there shall be a minimum of one (1) parking space and a maximum
of two (2) parking spaces per dwelling unit.
2. For hotel or motel uses, there shall be a minimum of one (1) parking space for every
four (4) lodging units and a maximum of two (2) parking spaces for every three (3)
lodging units.
3. For business and professional office uses, including medical clinics, there shall be a
minimum of one (1) parking space per eight hundred (800) square feet of floor area and
a maximum of one (1) parking space per five hundred (500) square feet of floor area.
4. For retail and service uses, there shall be a minimum of one (1) parking space per one
thousand (1,000) square feet of floor area and a maximum of one (1) parking space per
three hundred (300) square feet of floor area.
5. For restaurants, bars, nightclubs and the like, there shall be no minimum number of
parking spaces required, and there shall be a maximum of one (1) parking space per
one hundred (100) square feet of floor area.
6. For theater uses, there shall be no minimum number of parking spaces required, and
there shall be a maximum of one (1) parking space per four (4) seats.
Supp. No. 11 279