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File Number: 10-00767zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING
ARTICLE I, ENTITLED "DEFINITIONS", BY MODIFYING THE DEFINITION OF
COMMUNITY SUPPORT FACILITY AND ADDING A DEFINITION FOR CIVIL
REHABILITATION FACILITIES, AND BY AMENDING ARTICLE 6, ENTITLED
"SUPPLEMENTAL REGULATIONS", TO REQUIRE AN EXCEPTION AND PROVIDE
REGULATIONS AND DISTANCE REQUIREMENTS FOR SUCH FACILITIES TO
EXIST IN CERTAIN TRANSECTS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code, the
Zoning Ordinance of the City of Miami, Florida, as amended, Ordinance No. 13114 ("Miami 21
Code"); and
WHEREAS, it has been determined that certain articles of the Miami 21 Code should be
amended to allow or restrict certain uses and provide clarification of specific articles of the Miami
21 Code to better meet the needs of the residents of Miami; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 30,
2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-016 by a vote
of eight to zero (8-0), item no. 10, recommending APPROVAL of an amendment to the Miami 21
Code; 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 the Miami 21 Code, the 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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, is amended in the following particulars: {1}
"ARTICLE I. DEFINITIONS
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1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
f. CIVIL SUPPORT
Community Support Facility: A facility providing basic services, for the benefit and service
of the population of the community in which it is located. Such facilities may include but are not
limited to: police and Fire Stations, Extended Care Facilities, Nursing Homes, convalescent
homes, Continuing Care Facilitiesy, and Assisted Living Facilitiesy, Civil Rehabilitation Facilities
or Adult Daycare Centers as defined by Chapter 429, Florida Statutes. See Article 6.
1.2 DEFINITIONS OF TERMS
Civil Rehabilitation Facility: A facility providing assistance to individuals referred from the
criminal or juvenile justice system that may provide shelter (with or without board), medical
services, counseling, instruction or other incidental services and may include supervision. Such
facilities include residential facilities for alcohol and drug rehabilitation and juvenile and adult
residential correctional facilities, including halfway houses, as may be licensed or approved by an
authorized regulatory agency.
ARTICLE VI. SUPPLEMENTAL REGULATIONS
TABLE 13 SUPPLEMENTAL REGULATIONS
Civil Rehabilitation Facilities shall only be allowed in the CI -HD Zone by Exception and
subject to the following requirements: A proposed Civil Rehabilitation Facility shall not be located
within a radius of two thousand five hundred (2,500) feet of an existing Civil Rehabilitation
Facility. Measurement shall be made from the nearest point of the site of the existing facility to
the nearest point of the site of the proposed facility. Civil Rehabilitation Facilities shall not be
allowed in T4, T5, T6 and CI Transects. See Exhibit A.
*11
Section 3. If any section, part of section, paragraph, clause, phrase or word of this
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Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as
amended, which provisions may be renumbered or reentered and that the word "ordinance" may
be changed to "section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective upon its adoption and signature of the
Mayor. {2}
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.
{2} This Ordinance shall become effective as specified 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, whichever is later.
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