HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
wrww.ci.miami.f.us
File Number: 04-01179a Final Action Date;
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATING TO HOME
OCCUPATIONS BY AMENDING ARTICLE 9, SECTION 906 OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, IN ORDER TO MODIFY THE
REQUIREMENTS CONCERNING HOME OCCUPATIONS, TO ADD CERTAIN
SPECIAL DISTRICTS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of March 16, 2005, Item No. 7,
following an advertised hearing, adopted Resolution No. PAB 29-05 by a vote of seven to zero (7-0),
RECOMMENDING APPROVAL to amend Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance
No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by amending the text of said Ordinance as follows: {1}
"ARTICLE 9. General and Supplementary Regulations.
906.5. Home occupations.
* *
*
906.5.2. Home occupations in R-4, Commercial and Special Districts
Home Occupations located within upper level units of high-rise residential or mixed -use structures
shall be limited to the requirements and limitations of Sec. 906.5.1; however, within certain zoning
districts (as specified below), expanded home occupations may be approved by Class Il Special
Permit, subject to the following criteria, limitations and requirements:
a) Expanded Home Occupations, as specified in this section, shall be permissible (as limited
below) only in R-4 (with SD-20 Overlay only), C-1 (with SD-20.1 Overlay only), C-2, SD-2, SD-6
, SD-7, and SD-8, SD-16 (including SD-16.1 and SD-16.2), and SD-27 (including SD-27.1 and
SD-27.2) Districts.
b) Expanded Home Occupations, as specified in this section, shall be limited to residential units
located on the ground floor of multifamily or mixed -use structures, which have direct street
access, or, for residential units located as liners along parking garages.
c) The home occupation shall be conducted by not more than three (3) persons, one (1) of whom
shall reside on the premises.
City of Miami
Page 1 of 3 Printed On: 4/1/2005
File Number: 04-01179a
d) 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 be limited to less than fifty (50) 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.
e) 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 five (5) square foot in area, nonilluminated and mounted flat against the
wall of the residence.
f) No traffic shall be generated by such home occupation in greater volume than would normally
be expected in the neighborhood, and in addition to the required residential parking there shall
be one (1) parking space required on -site per employee.
g) 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.
h) No commodity shall be sold and/or delivered upon the premises.
i) Home occupations shall be limited to the following: Architect, artist, broker, computer
technician, consultant, designer, dressmaker, draftsman, engineer, interior decorator, lawyer,
manufacturer's agent, notary public, teacher (excluding band instrument, and group instruction)
, telemarketing, and other similar occupations. Specifically excluded from permitted home
occupations are physicians, dentists and medical laboratories.
j) A home occupation shall be subject to all applicable city occupational license and other
business taxes.
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:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
City of Miami Page 2 of 3 Printed On: 4/1/2005
File Number.: 04-01179a
{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 3 of 3 Printed On: 4/1/2005