Loading...
HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00672 Final Action Date: AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE Gil GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Gil Government and Institutional Zoning District is designed to allow the development of facilities for federal, state and local government activities and for institutional uses such as major public and private health, recreational, religious, educational and cultural facilities; and WHEREAS, the G/I zoning district also permits uses ancillary to these government and institutional uses; and WHEREAS, the Gil zoning district allows uses as set forth in the 0 Office zoning district, many of which are not related to government and institutional uses; and WHEREAS, the G/I zoning district allows uses with intensities set forth in the R-4 Multifamily High Density and 0 Office zoning districts, said intensities which could be more than what is permitted on abutting property; and WHEREAS, The GII zoning district is established to permit government and institutional uses only and that any ancillary uses should be limited to the uses and intensities permitted on the least intense abutting land; and WHEREAS, the Miami Planning Advisory Board, at its meeting of June 2, 2004, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 69-04 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544 as hereinafter set forth; and WHEREAS, the Planning Advisory Board has reviewed this ordinance and, after hearing and considering the staff report and recommendation as well as public testimony has determined that this ordinance is in the best interest of the citizens of the City of Miami and therefore recommended that this ordinance be approved by the City Commission of the City of Miami; and WHEREAS, the City Commission at a duly noticed public hearing has reviewed this ordinance and, after considering the staff recommendation as well as the public's testimony, has determined that this ordinance is in the best interest of the citizens of the City of Miami; City of Miami Page 1 of 5 Printed On: 6/30/2004 File Number: 04-00672 THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Recitals to this Ordinance are hereby adopted and incorporated herein as iE fully set forth in this Section. Section 2. Article 4 of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended as follows: {1} ARTICLE 4. ZONING DISTRICTS * Sec. 401. Schedule of District Regulations. * G/I Government and institutional. intent and Scale: The government/institutional category allows the development of facilities for federal, state and local government activities, major pubic or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public and private cemeteries. Residential facilities Uses ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense abutting zoning district R 4, subject to the same limiting conditions. Intensity: For residential uses: As for the least intense abutting zoning district R-4. For Government and Institutional Uses: As for Office For all other non -institutional uses: As for the least intense abutting zoning district Office. Permitted Principal Uses: Same as for 0 Governmental and institutional uses as described in the City of Miami Comprehensive Development Plan designation of "Major Institutional, Public Facilities, Transportation and Utilities", and as set forth below, however for accessory non -governmental or institutional uses -only such uses as may be permitted as principal uses in the least intense abutting zoning district 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. City of Miami Page 2 of 5 Printed On: 6/30/2004 File Number: 04-OO672 3. Adult and child daycare centers, subject to the requirements of sections 935 and 936. 4. Hospitals. a 6. Places of worship. 7. Schools, post -secondary public or private educational facilities, colleges and universities, public and private, including business colleges, trade schools (except those having external evidence of activities of an industrial nature), conservatories, dancing schools. Structures and uses other than those listed above required for performance of a governmental function, except as specified below. 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 orphanages. �4- Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. in existing structures, professional, school and governmental administrative offices, clinics (other than veterinary); studios; and medical or pharmaceutical laboratories; only in conjunction with a government or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal governmental or institutional use. Conditional Principal Uses: City of Miami Page 3 of 5 Printed On: 6/30/2004 File Number: 04-00672 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 with City Commission approval, subject to the requirements and limitations and criteria of section 934 and only if associated with a governmental or institutional use. 4. Commercial parking lots or parking garages only by Class 11 Special EX0epfiern Permit and only if associated with a governmental or institutional use. 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 and only if associated with a governmental or institutional use. 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 11 Special Permit. 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. 11. In new structures, by Special Exception only, professional, school and governmental administrative offices, clinics (other than veterinary); studios; and medical or pharmaceutical laboratories; only in conjunction with a government or institutional use directly associated with and furthering these functions; in no case will such uses be permitted beyond what is a customary accessory use to the principal governmental or institutional use. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 4 of 5 Printed On: 6/30/2004 File Number 04-00672 ALEJANDRO VILARELLO CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission -or-upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 Printed On: 6/30/2004