HomeMy WebLinkAboutO-13042City of Miami
Legislation
Ordinance: 13042
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00889zt Final Action Date: 11/13/2008
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, ENTITLED "SD-20
EDGEWATER OVERLAY DISTRICT; SD-20.1 BISCAYNE BOULEVARD
EDGEWATER OVERLAY DISTRICT," IN ORDER TO MODIFY USE REGULATIONS
TO ALLOW FOR MEDICAL AND DENTAL CLINICS AND OFFICES IN THE SD-20.1
BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT BY CLASS II
SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 17, 2008,
Item No. P.3, following an advertised public hearing, adopted Resolution No. PAB 08-035 by a vote of
Eight to Zero (8-0), recommending APPROVAL as presented; 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, AS FOLLOWS:
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 amended in the following particulars: {1}
"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 620. SD-20 Edgewater Overlay District; SD-20.1 Biscayne Boulevard Edgewater Overlay
District.
Sec. 620.5. Limitations on uses in the SD-20.1 Overlay District.
Permitted principal uses and structures.
Principal uses and structures are as permitted generally or conditionally by special permit in the
City of Miami
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File Number: 08-00889zt Enactment Number: 13042
underlying district, except the following uses shall not be permitted:
1. Convalescent homes, nursing homes, adult and child daycare facilities, institutions for the aged or
infirm, foster homes, group homes and orphanages.
2. Community based residential facilities.
3. Private clubs, lodges, fraternities and sororities operated for profit.
4. Coin laundry operations.
5 Clinics, medical or dental.
6. 5. Mortuaries and funeral homes.
7. 6. Unenclosed sales of new or used cars except as permitted below for automobile and motor
vehicle sales and display by a State of Florida licensed franchised new motor vehicle dealer
whose premises, including lots and appurtenant structures, exceed thirty thousand (30,000)
square feet in area.
8. 7. Automotive service and repairs except as accessory to automobile and motor vehicle sales
and display by a State of Florida licensed franchised new motor vehicle dealer whose
premises, including lots and appurtenant structures, exceed thirty thousand (30,000) square
feet in area.
9. 8. Storage of wrecked vehicles.
1-9. 9. Driving school agencies.
44. 10. Ambulance service.
1-2. 11. Sewing shops.
13. 12. Storage facilities, public or private, including such uses commonly referred to as "mini -storage,
self -storage or mini -warehouse" facilities.
1-4. 13. Vehicle rental and/or leasing facilities except as accessory for automobile and motor vehicle
sales and display by a State of Florida licensed franchised new motor vehicle dealer whose
premises, including lots and appurtenant structures, exceed thirty thousand (30,000) square
feet in area.
15. 14. Pawn shops or equipment rental facilities.
16. 15. Aluminum recycling machines.
1-7. 16. Wholesaling or jobbing.
18. 17. Public health or social service facilities.
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1-9. 18. Hiring hall or labor pools.
20. 19. Discount membership merchandisers.
24. 20. Automobile service stations.
22. 21. Automated or by -hand automobile wash facility except as accessory for automobile and motor
vehicle sales and display by a State of Florida licensed franchised new motor vehicle dealer
whose premises, including lots and appurtenant structures, exceed thirty thousand (30,000)
square feet in area.
Conditional principal uses.
Same as for the underlying district with the same limitations contained in section 620.4 above; and in
addition:
1. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception.
2. Veterinarian Clinic by Special Exception.
3. Parking lots by Special Exception, except along properties fronting on Biscayne Boulevard in
which case such use shall be prohibited.
4. Parking garages, by Special Exception except that along Biscayne Boulevard, such garages shall
be visually screened from the Boulevard on the ground floor by being lined with retail,
restaurant or service uses that comply with the design standards as specified for primary
pedestrian pathways. There shall be no vehicular access to such facilities directly from
Biscayne Boulevard when access from other public rights -of -way is available.
5. Bars, saloons and taverns, supper clubs and nightclubs, including those with dancing and live
entertainment open to the general public by Special Exception.
6. Brewery -restaurants as defined in section 2502 by Class II Special Permit. Brewing activities shall
only be conducted as an accessory use to the restaurant. All sales of beer and wine must be
consumed on the premises and always in conjunction with a meal. Issues to be considered
during the Class II Special Permit process are: the precise area and location of the brewing
operation: annual beer production: hours of operation: parking provisions: control of emissions
and discharges; exterior lighting; landscaping and signs.
7. Sale of new or used vehicles by Special Exception; such uses shall be from enclosed structures
for portions of the property fronting on Biscayne Boulevard; vehicles for sale may be located
on the rear portions of the subject property without having to be in enclosed structures,
however, they must remain out of view from Biscayne Boulevard; specifically excepted from
this requirement are automobile and motor vehicle sales and display by a State of Florida
licensed franchised new motor vehicle dealer whose premises, including lots and appurtenant
structures, exceed thirty thousand (30,000) square feet in area and were existing as of
January 1, 2003.
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8. Drive -through facilities for ATM/financial institutions, by Class II Special Permit, provided that there
shall be no vehicular access to such facilities directly from Biscayne Boulevard as a primary
pedestrian pathway. The drive -through component of such facilities shall not be located on the
side of property facing Biscayne Boulevard.
9. Medical and dental clinics and offices, not to exceed 4000 square feet per practice, by Class II
Special Permit; for the purposes of this section, a practice is defined as one or more medical
professionals sharing a reception or waiting area operating as a single practice.
*1I
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.
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.
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