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Home My WebLink AboutO-13033City of Miami Legislation Ordinance: 13033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01058zt Final Action Date: 10/23/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, 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 G/I DISTRICT; 2) TO INCLUDE OFFSTREET PARKING REQUIREMENT PROVISIONS IN SAID DISTRICT; 3) TO PERMITATEN 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 SEVERABILITY 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-08-037 by a vote of eight to zero (8-0) recommending APPROVAL 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 Page 1 of 5 File Id: 08-010587t (Version: 3) Printed On: 5/16/2017 File Number: 08-01058zt Enactment Number: 13033 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 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 II Special Permit when liner uses are provided along parking structures serving government, institutional or Major sports facilities. Permitted Accessory Uses: 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, City of Miami Page 2 of 5 File Id: 08-010587t (Version: 3) Printed On: 5/16/2017 File Number: 08-01058zt Enactment Number: 13033 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 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 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 II 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. 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. 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 City of Miami Page 3 of 5 File Id: 08-010587t (Version: 3) Printed On: 5/16/2017 File Number: 08-01058zt Enactment Number: 13033 (10) percent of the primary use and are operated by religious or nonprofit organizations, only by Class II Special Permit. 5. Drive -through service facilities, including drive -through facilities for financial institutions, shall be permitted only by Class II 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 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. 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 Major 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 City of Miami Page 4 of 5 File Id: 08-010587t (Version: 3) Printed On: 5/16/2017 File Number: 08-01058zt Enactment Number: 13033 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. For Major sports facilities: One (1) space for each seven (7) fixed seats. Parking reductions of up to ten percent (10 %) of the required offstreet parking spaces may be approved, by Class II Special Permit, for Major sports facilities located within one (1) mile of a Metrorail, People Mover Station or mass transit facility. Sign Regulations: See Article 10 for sign regulations and limitations. 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}. \par 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 Page 5 of 5 File Id: 08-010587t (Version: 3) Printed On: 5/16/2017