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Home My WebLink AboutO-13046City of Miami Legislation Ordinance: 13046 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00887zt Final Action Date: 12/11/2008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 6, SECTION 609.5, ENTITLED "CONDITIONAL PRINCIPAL USES," TO ALLOW THE OPEN AIR MARKET USE ON SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, ON BISCAYNE BOULEVARD BETWEEN NORTHEAST 51ST STREET AND 77TH STREET, MIAMI, FLORIDA; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board considered this item at its September 17, 2008, meeting, Item No. 1 and adopted Resolution No. PAB 08-033 by a vote of Six to Two (6-2), recommending APPROVAL of this item to the Miami City Commission with an additional recommendation that the ordinance be reviewed in four (4) years; 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 amended in the following particulars:{1} "ARTICLE 6 SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 609. SD-9 Biscayne Boulevard North Overlay District. Sec. 609.5. Conditional principal uses. 609.5.1. For underlying C-1 districts: * * City of Miami Page 1 of 4 File Id: 08-008877t (Version: 3) Printed On: 5/23/2017 File Number: 08-00887zt Enactment Number: 13046 609.5.2. For underlying 0 districts: 609.5.3. Open Air Market Overlay Area Properties with an underlying C-1 zoning classification located along the east and west sides of Biscayne Boulevard between NE 51st and NE 77th Streets, are hereby designated as an Open Air Market Overlay Area. Open Air Markets may be implemented on vacant land or on parcels with structures. When implemented on parcels with structures, additional requirements as set forth below will apply. The following special regulations and limitations shall apply to the Open Air Market Overlay Area: The Open Air Market Overlay Area shall permit the following uses, in addition to that which is permitted in the underlying districts: 1. Outdoor Farmer's markets and craft markets that specialize in the sale of crafts and fresh fruits and vegetables are permitted within this district, subject to a Class II Special Permit with a mandatory referral to the district NET Administrator only, and further subject to the following limitations: a. Any outdoor market must be located on a parcel of no less than seventy five hundred (7,500) square feet of lot area. b. An outdoor market shall be limited to no more than sixty-five (65) percent of the area of the subject parcel in the display area. c. An outdoor market may be accessory to permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. When located on a parcel of land consisting of permanent structures, such structures shall be rehabilitated as a condition of the Class II Special Permit no later than one (1) year after the initial approval. Renewals beyond the first year shall not be granted if rehabilitation of the structure(s) on the parcel of land are not completed. If the structure(s) involved are part of a historic district, such rehabilitation shall be subject to review and approval by the Historic and Environmental Preservation Board (HEPB). d. The outdoor market display area shall be located along the Biscayne Boulevard frontage and be set back no less than twenty-five (25) feet from any abutting residentially zoned property. e. Outdoor markets may operate only between the hours of 8:00 a.m. and 8:00 p.m. on Saturdays or Sundays only. f. No outdoor market may be located closer than one thousand five hundred (1,500) feet from another outdoor market. g. Only handmade crafts, fresh fruits and vegetables, prepared raw foods and drinks derived from fresh fruits and vegetables may be sold in an outdoor market within this overlay area. Open air cooking of food shall not be permitted. The Open Air Market use set forth in this section shall be sunset no later than two (2) years from its adoption, or December 11, 2010. Any Class II Special permits issued prior to that date shall be allowed to complete the year of operation authorized by the Class II Special Permit, however, no extensions or renewals shall be granted after December 11, 2010. * * * Sec. 609.7. Conditional accessory uses. Same as the underlying district subject to the applicable criteria in Section 1305 and with the City of Miami Page 2 of 4 File Id: 08-008877t (Version: 3) Printed On: 5/23/2017 File Number: 08-00887zt Enactment Number: 13046 limitations contained in Section 609.4; and in addition, for the C-1 district only: 1. A. Where the underlying district is 0 Office, photographic studios, outdoor photography and associated stage sets, only in conjunction with photographers offices, and only by Class II Special Permit; B. Where the underlying district is C-1, Restricted Commercial, outdoor photography and associated stage sets only in conjunction with photographers' studios, and only by Class II Special Permit. 2. Sales display and outdoor dining within open, or partially open space. All Sales, display of uses permitted herein above shall be contained within completely enclosed buildings, except as set forth in Section 609.5.3 and as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, subject to a Class II Special Permit upon providing a minimum of one (1) parking space per vending cart and complying fully with the terms set forth in Section 605.10 of this ordinance: 1. Outdoor dining areas. 2. Display and sale of the following items from vending carts: (a) Flowers, plants and shrubs; vegetables, produce, citrus or other unpackaged foods, not requiring refrigeration or further preparation, subject to applicable state health regulations; and (b) Arts and crafts. However, no Class II Special Permit shall be granted allowing existing uses to expand their retail activity or to display their merchandise into existing open or partially open space. All exhibits, displays and sale of items shall be conducted from vending carts subject to the criteria specified in the "Coconut Grove Vending Guides and Standards"; said criteria may be modified by the Zoning Board pursuant to a Special Exception Permit upon finding that the requested modifications are justified due to one (1) or more of the following special conditions: 1. Established pedestrian flow patterns; 2. Existing landscape features; 3. Governmental action which creates a peculiar configuration on the subject property. * * *,, Section 3. If any section, part of a 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.{2} Footnotes: City of Miami Page 3 of 4 File Id: 08-008877t (Version: 3) Printed On: 5/23/2017 File Number: 08-00887zt Enactment Number: 13046 {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 4 of 4 File Id: 08-008877t (Version: 3) Printed On: 5/23/2017