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Ordinance
File Number: 08-01058zt
City ? iaU
3500 Pan American
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fi�liarrsi; EL 33133
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Final Actin Date-,
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAM1,
BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS IN ORDER: 1) TO INCREASE THE AMOUNT OF PERMITTED
ACCESSORY RETAIL USES IN CONJUNCTION WITH A MAJOR SPORTS
FACILITY IN THE Gil DISTRICT; 2) TO INCLUDE OFFSTREET PARKING
REQUIREMENT PROVISIONS IN SAID DISTRICT; 3) TO PERMIT A TEN
PERCENT (10%) REDUCTION OF REQUIRED OFFSTREET PARKING SPACES,
SUBJECT TO A CLASS II SPECIAL PERMIT, WHEN SAID MAJOR SPORTS
FACILITY IS LOCATED WITHIN A CERTAIN PROXIMITY OF A METRORAIL OR
PEOPLE MOVER STATION; AND 4) TO ALLOW A MODIFICATION OF UP TO A
MAXIMUM OF FIFTY PERCENT (50%) OF THE REQUIRED SETBACKS,
SUBJECT TO A CLASS II SPECIAL PERMIT, CONTAINING A SEVERASILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 17, 2008, Item
No. P.6 following an advertised hearing, adopted Resolution No. PAB-08- by a vote of to
( - ) recommending of amending Zoning Ordinance No. 11000 as hereinafter set forth;
and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
and in the best interest of the general welfare of the City of Miami and its inhabitants to amend
Ordinance 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:
"ARTICLE 4 ZONING DISTRICTS
Sec. 401. Schedule of district regulations.
City of Miami
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Gil Government and
intent and Seale:
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. Uses
ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense
abutting zoning district, subject to the same limiting conditions.
intensity:
For residential uses: As for the least intense abutting zoning district
For Government and institutional Uses: As for Office
For all other non -institutional uses: As for the least intense abutting zoning district.
Modifications in setbacks up to a maximum of 50% of the required setbacks may be approved
pursuant to a Class U Special Permit when liner uses are provided along parking structures serving
government, institutional or Maior sports facilities.
Permitted Accessory Lises:
Uses and structures which are customarily incidental and subordinate to permitted principal uses and
structures, and in addition:
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.
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:
Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in
Section 1305, and any other applicable criteria specified in this ordinance. Specifically:
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.
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4. Commercial parking lots or parking garages only by Class II Special 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 ll 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 dubs 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
1l 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. Personal wireless service facilities subject to the criteria specified in section 949.
12. 1n 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.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional principal uses and
structures only by Special Permit subject to the applicable criteria in Section 1305, and any other
applicable criteria specified in this ordinance. Specifically:
1. Forensic incinerators only by Special Exception, subject to all applicable local, state and federal
laws.
2. Helistops only by Special Exception with city commission approval and subject to requirements
and limitations in section 933.
3. Accessory convenience establishments subject to the requirements and limitations of section
906.7, Convenience establishments as accessory to residential or office uses.
4. 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
1l Special Permit.
City of Miami
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File Number- 08-01058zi
5, Drive -through service facilities, including drive -through facilities for financial institutions, shall be
permitted only by Class li Special Permit, subject to the additional reservoir requirements established
in Section 931.2,
6. Temporary special events involving outdoor gatherings at churches, schools and the iike, 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 Special
Permit and subject to conditions established in section 906.9,
7. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and
limitations of section 940.
8, Storm radar system devices as accessory uses to police and fire station uses only, subject to the
criteria specified in section 949.
9. Retail and restaurant developments serving as accessory uses or structures to Major sports
facilities. Notwithstanding the provisions of section 906, retail and restaurants serving as accessory
uses or structures to Major Sports Facilities may exceed ten (10) percent of the permitted F.A.R.
subject to a Class II Special Permit upon a finding that such increase will not have an overall adverse
effect on the Major Sports Facility and demonstrating compliance with the applicable design review
criteria set forth in section 1305. Said accessory retail and restaurant uses or structures need not be
internal to the Maior Sports Facility and may be visible from the right of way and may open directly to
such right of way. Accessory use(s) or structure(s) shall have the definition set forth in section 2502.
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.
For libraries, art galleries, museums, neighborhood centers, recreational centers, mausoleums: 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
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required in R-3 district,
For Msa
ten
Permit, for
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Maior $crts
mass transit facility._
One
eac€; seven 7; fixed seats, Parkirsc reductions of a tc
re aired fstreet Arkin s aces rya be a roved. b Class II S ecial
iiities located within one g1, n?ile of a Metrorai.. Peo le Mav
Sign Regulations:
See Article 10 for sign regulations and limitations.
er Station or
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 final reading and
adoption thereof {1},
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU Y
CITY ATTORNE
Footnotes:
{1} 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
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