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ity of
Legislation
Ordinance
City Elam
3500 Pan American
Drive
t�!iami: FL 33133
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File -Number•: O8-OO133zt Final Action Date.
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 8, SECTION 803.6, "COCONUT GROVE NCD-3
COMMERCIAL DISTRICTS", RELATING TO RETAIL ESTABLISHMENTS
LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD)
ABUTTING US-1 (FEDERAL HIGHWAY); PROVIDING FOR AN INCREASE IN
INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED USES ONLY BY SPECIAL
PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board considered this item at its February 20, 2008
meeting. Item No. 2 adopted Resolution No. PAB 08-006 by a vote of nine to zero (9-0) recommended
APPROVAL for the adoption of this item to the City of Miami City Commission; 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 citizens to amend its Zoning
Ordinance 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:
"ARTICLE 8. NCD NEIGHBORHOOD CONSERVATION DISTRICTS"
Sec. 803. NCD-3 Coconut Grove Neighborhood Conservation District.
Sec. 803.6. Coconut Grove NCD-3 Commercial Districts.
803.6.1. Large Scale Retail Establishments.
803.6,2. Large -Seale Retail establishment defined.
City of Miami
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A large-scale retail establishment is defined as a retail establishment, including membership
establishments with any commercial retail use or combination of such commercial retail for
which any single establishment is comprised of over twenty thousand (20,000) square feet in
gross floor area. The gross floor area includes building gross floor area and ancillary outdoor
storage or merchandise display areas. For the purposes of this definition, the floor area does
not include motor vehicle parking or loading areas. For the purpose of determining the
applicability of the twenty thousand (20,000) square feet of floor area, the aggregate square
footage of ail adjacent stores or retail tenants that share common check out stands or a
controlling interest, or storage areas, shall be considered one establishment. Retail specialty
by a separate Class I1 permit, and special event Class i permits are exempted.
803.6.2,1. Exceptions to limitations herein.
Retail establishments exclusively for the sale of groceries abutting US-1 (Federal Hwy.) and
not exceeding forty thousand (40,000) square feet within the underlying C-1 Zoning Districts,
are exempted from the size and aggregation limits set forth above in Section 803.6.2.
"Groceries" is defined as food products, dry groceries (such as household products and paper
goods), and other items typically sold (such as meats, poultry, seafood, sushi, dairy products,
frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty
products, pharmaceuticals, and alcoholic beverages) or services commonly provided in a
grocery store in Miami -Dade County.
803. 6.3. Special Exception required.
Except as provided herein, aA large-scale retail establishment shall be permitted only within
C-1 zoned areas within the NCD-3 zoning district, and only after receiving Special Exception
review and approval by the zoning board pursuant to the standards and criteria contained
herein and in Articles 13 and 16 of this zoning ordinance. Retail establishments exclusively for
the sale of groceries in C-1 Zoning Districts abutting US-1 (Federal Hwy.) as described in
803.6.2.1 are exempted from the Special Exception requirement and shall be permissible by
the Class II permit.
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after approval at second
reading, 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.
City of Miami
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APPROVED AS T € ORM AND CORRECTNE S
JULIE O. BRU F.
CITY ATTORNE'
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.
City of Miami Page 3 of 3 Printed On: 5/5/2008