HomeMy WebLinkAboutPZAB LegislationCity of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00956zt 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 MAKING
MINOR AND NON -SUBSTANTIAL CHANGES, CORRECTING CROSS
REFERENCES TO OTHER PARTS OF THE CODE OR FLA. STAT., CLARIFYING
AND CORRECTING LANGUAGE AS TO USES, DEFINITIONS, AND TERMS,
ADDING AND CLARIFYING DEFINITIONS FOR ADULT ENTERTAINMENT,
CLARIFYING SETBACKS, WITH REGARD TO THE FOLLOWING ARTICLES:
ARTICLE 1. DEFINITIONS, ARTICLE 2. GENERAL PROVISIONS, ARTICLE 3.
GENERAL TO ZONES, ARTICLE 4. STANDARDS AND TABLES, ARTICLE 5.
SPECIFIC TO ZONES, ARTICLE 6. SUPPLEMENTAL REGULATIONS, ARTICLE 7.
PROCEDURES AND NONCONFORMITIES, ARTICLE 8. THOROUGHFARES,
ARTICLE 9. LANDSCAPE REQUIREMENTS, APPENDIX A. NEIGHBORHOOD
CONSERVATION DISTRICTS, AND APPENDIX C. MIDTOWN OVERLAY
DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will allow minor and non -substantial changes to the Miami 21 Code
to clarify intent and uses, add definitions, and correct cross references and
language.
WHEREAS, the Miami Planning, Zoning and Appeals (PZAB) considered this item at its
September 1st, 2010 meeting, Item No. PZAB., adopting Resolution No. PZAB by a vote of
_ to _ (- _), and has recommended the adoption of this item to the City of Miami City
Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ord. 13114; 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 Code
to better meet the needs of the residents of Miami; and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
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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 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article 1, Article 2, Article 3, Article 4, Article 5, Article 6,
Article 7, Article 8, Article 9, Appendix A, and Appendix C in the following particulars {1}:
"ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
d. COMMERCIAL
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General Commercial: A place of business providing the sale and display of goods or sale of services
directly to the consumer, with goods available for immediate purchase and removal from the premises
by the purchaser. General commercial goods include, but are not limited to, clothing, food, furniture,
pharmaceuticals, books, art objects and the like. General commercial services include, but are not
limited to, barber shops; beauty salons; travel agencies; fortune tellers; retail dry cleaning; express
delivery service; health spas and fitness studios; photo studios; Funeral Homes; Animal Clinics; Repair
service establishments, Employment Office; Public Storage Facilities, and the like. General
Commercial services exclude: Auto -Related or Marine -Related Establishments; Commercial Storage
Facilities, Pawn Shops, and the like.
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Entertainment Establishment, Adult: A pIaGe of b inn, that-„crents, leases, trades, barters,
pictures, entertainment, or amusement distinguished by purpose and emphasis on matters depicting,
describing, or relating by any means of communication from one (1) person to another to "specified
sexual activities" or "specified anatomical areas" as herein defined. An adult entertainment or adult
service establishment is not open to the -public -generally but only to one (1) or more clanccs of the
public, excluding any person under eighteen (18) years of age. It is the intent of this definition that
regulation in this Code shall be bayed upon the activity therein conducted or proposed to be conducted
used or proposed. Thus, the terms "adult bookstore," "adult massage parlor," "adult motion picture
theater," "adult
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private dancing," and "adult escort service" are encompassed within this definition of "adult
entertainment or services," but the term "adult entertainment or adult services" is not to be deemed
limited bythe enunciation Dfspecific activities listed before. See Article 0.
Entertainment Establishment, Adult; Adult entertainment, in general; mradult entertainment
service establishment: Any establishment which S6US. nSntG' |e8SeS, trades, barters, Ope[8tgS On
cOnlDl|SSiOO or fee, pU[Y8yS. displays, or offers only to or for @dU|tG, pn}dUCtS. qOOdS Of any D3tU[8.
iDl8q8S. [8pnDdUCtiOOG. activities, OppOrtUOibSS for experiences or encounters, DlOviDq or still piCtUrBS,
entertainment, and/or amusement, distinquished by purpose and emphasis on matters depictinq,
d8SChbiOq.O[[8|8UDqbyany means Ofcommunication, from one (1)person k}another, LO"Specified
8eXU8| Activities" or "Specified AD8tODliC8| Areas" as herein defined in Section 1.2 Of this Code. Such
establishment may or may not be OpSO or available to the public qeD8r8Uy. but shall 8XC|Ud8 any
person under eiqhteen (18) years of aqe. It is the intent of this definition that determination as to
whether or not a specific establishment or activity falls within the context of requiation hereunder shall
be based upon the activity therein conducted or proposed to be conducted as set out above and in
th8SeFeqU|@tiOns. Such establishment shall not depend upon the name Ortitle 0fthe establishment
used or proposed, and it shall be irrespective of whether or not members of the public are invited to
enter such establishment. Thus, the terms "adult bOOkSLOFe.""adult D18SS8q8p8dO[.""adult motion
picture theater.""adult private dancinq," and "adult escort service" are encompassed within this
definition Of"adult entertainment O[S8rViC8G."but the term "adult entertainment OFadult services" iS
not to be deemed limited by the enunciation of specific activities listed before. Adult entertainment
8St8b|iShOl8ntS are 8UOvV8d in [)2 iDdUGt[i8[ GUbi8C1 to the |iDlit@tiODG set forth in Article 0, Table 13.
Adult entertainment- L8qiSkatkxe Intent.
AS intended in pnSViOUS ZDOiDq OPdiD8DC8G. most p8rUCU|8dK ZUDiD0 OrdiD8nC8S 11000 and 9508. this
0RjiO8O0B intends LO PeqU|8te adult entertainment, Adult EOt8rt8iO[D8Ot eSt8b|iShDleOt8. Oradult service
establishments, aSherein defined, t0minimize deleterious effects OOthe n8iqhbO[hOOd.These
deleterious effects have been presented 8Sevidence and relied upon for adoption iDprevious adult
eOtert8iO08Dt|eqiS|8tiOD iDzOOiOq OndiD@OC8S 95008Dd 11000. and are also F8|iBd UpOD herein. Such
d8|Ht9FiOUS effects may iDC|Ude. but not be limited to, dep[8Ci@iiOD of values of nearby and 3di8CeDt
pnJp8rtieS, deterioration in 8pp88[8OCe of the @[e8S in which they are |OC@ted. pR]dUCtiOD of Skid [OVV
type of atmosphere, discouraqement of residential uses in the area, and creation of an erotically
SUqq8GtiV8 QtDlOSphe[8 OO public ways used by DliOOrS. K4OFeOY8[' in the development and
8Df0FC8[O8nL of restrictions OO adult entertainment O[adult service 8St8b|iShDleDLS in this COd8. this
S8CtiOD and in Article 0, it is 8CkOOVV|edqed that adult entertainment O[adult service eSt8b|iShrD9DtS
have been found to have serious objectionable characteristics, and to have a deleterious effect on
adjacent businesses and [8Sid8Dti8| 8n88S. In rD8kiOO thiGfiDdiDq, the CODlDliSSiOD has n83SOD@b|y
relied upon evidence Ofconditions within the City itself, evidence q8th8[8dhyother localities and
CO00UDiti8G. and 9VideDCH described in iUdiCi@| opinions. For the pFDieCtiOO and welfare of the
community, it in necessary, to locate adult entertainment or adult G8rv|C8 85t8U||Sh[OeOtS away from
residential 8FC@S and COD101e[Ci3| 8r8aS. and particularly away from public facilities that are used
frequently byminors, such as SChOO|S. ChU[Ch8G' p8[kS. |ibn8[ieS. day care centers 0[nurseries, and to
restrict adult entertainment O[adult service 8S18b|i3hOleOtS LO iDdUSt[i8| areas.
1.2OEF|N[T|ONS OF TERMS
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Public Storage Facilities: An establishment containing separate, secured self -storage areas or
lockers used for the temporary storage of household items and seasonal or recreational vehicles,
small boats, trailers etc. These facilities cater primarily to the needs of nearby residents. See Section
1.1 (Industrial, Storage and Distribution Commercial, General Commercial) and Article 6.
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Specified Anatomical Areas: Those areas of the human body, less than completely and opaquely
covered, which consist of: (a) male or female genitals or pubic region; (b) male or female buttocks,
anus, anal cleft, or cleavage; (c) female breast below a point immediately above the top of the areola;
or (d) human male genitals in a discernibly turgid state. See Section 1.1 (Commercial, Entertainment
Establishment, Adult).
Specified Sexual Activities: Those activities which, when described, displayed, exhibited, simulated,
or depicted by whatsoever medium in an adult entertainment service establishment: (a) show the
human genitals in a state of sexual stimulation, or being aroused to a state of sexual stimulation, (b)
show acts of human masturbation, human sexual intercourse, or sodomy; or sexual acts between
humans and animals; (c) show one (d 1) human being fondling or touching erotically the genitals,
pubic area, buttock, anus, or female breast of another human being. See Section 1.1 (Commercial
Entertainment Establishment, Adult).
ARTICLE 2. General Provisions
2.1 PURPOSE AND INTENT
2.1.3 Transect Principles
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Specific to General Urban (T4), Urban Center (T5) and Urban Core (T6) Zones, to the extent not
inconsistent with applicable state or federal law, the continuity of the urbanized areas should transition
to take precedence over the natural environment, except Parks, recreation and natural features. Storm
water management on Thoroughfares and Lots shall be implemented primarily through underground
storm drainage channeled by raised curbs, and there shall be no retention or detention required on the
individual Lots. Impermeable surface shall be confined to the ratio of Lot Coverage by Building
specified in Article 5 and Article 8.
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ARTICLE 3. GENERAL TO ZONES
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3.3 LOTS AND FRONTAGES
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3.3.0 For new Buildings in Established Setbacks A[88S' the Established Setback shall be
rn8|Dt8iOed. (See also Article 4' [}i8g[8Dl 10\ Galleries and Arcades may be permitted
within the First Layer in Established Setback Areas and Sh8U not encroach the Public
Right -of -Way except by Special Area Plan. VVh8R9 8 Gallery OrArcade is permitted, the
Established Setback Sh8U only be maintained if Gallery D[Arcade is provided. Where
8 Gallery OrArcade is not provided, the setback for the UOde[|yiOq T[8DSRCt ZOD8 Sh@U
be maintained.
DENSITY AND INTENSITY CALCULATIONS
1 Lot Area, iOC|USiv8 Ofany dedications, is used for pUrpUS8S Of Density and Intensity calculation.
Off-street parking AND LOADING STANDARDS
1 Off-street Parking Standards
8. Off-street Parking requirements for the individual Tn9OS8C[ZODBS ShBU be as set forth in Article
4' Table 4. VVhHne [8qUiF8d 0ff-StF88t p3[kiOq is based OD SqU8[e f00t8qe Of Use, the
C8|CU|8tiOO Sh8U only include Habitable Rooms and Habitable Space occupied by such Use.
b. Off-street Parking dimensions and Shared Parking (Dli0ed-USR) reduction table shall b8BSset
forth in ArUC|9 4' Table 5.
c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties
|OC8t8d in @ Community Redevelopment Area, or in areas where 8 Parking Trust Fund has
been established, Or for historic sites and contributing St[UCiuF8S within designated historic
d. P8ddDg reductions shall not b8cumulative except iOTO-3O' T6'48' TO-0Oand T6-80. Parking
reductions Sh@U not exceed fifty percent /50%\ of the total Off-street Parking required, except
for Residential CO0p0D8DtS Of projects within one thousand (1'000) feet Of MStnO[8i| or
K48tn]DlOV8[St8tiOOS.
I WATERFRONT STANDARDS
|Daddition t0the Miami City Charter requirements, the following Setback, walkways and waterfront
standards shall apply to all waterfront properties within the City of Miami, except as modifications
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to these S13Od8[dS for all waterfront properties may be approved by the City CODlnniSSiDO pursuant
to the procedures established in the City Charter.
All K4i8nni hv8rf[OOL properties Sh8U in[JUd8Vv8teFrelat8d uS8S 8CrOSS all T[8nSe[t Zones 8XCeDt
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ARTICLE 4.STANDARDS &TABLES
Article 4. Table 2 [Nienni21 Summary
d. Floor Lot Ratio
Add bonus threshold from Article
5tDSummary Table for T[8nSSCtZones T8-O.TO-12.T8-24.T6'3O.
Aurtic|o4. Table Building Function: Uses
Add fOOt8[ to Table as f0UOvvS: Gee City Code Chapter 4 for [eqU|8dUDG F8|818d to A|COhD| B8v8[8
T4 - GENERAL URBAN ZONE
OFFICE
The first Story of the Principal Building and ancillary Building Accessory Stand Commercial Uses shall be less than 50% Building floor area total. [See Exhibit C]
ructure and Office
[}ffiC8 UG8S are permissible as listed in Table 3. limited h«compliance with:
*
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COMMERCIAL
COnn[nRnci8| USBS are permissible as listed in Table 3' limited bycompliance with:
� The first Story of the Principal Building and 3DCiUJry Building Accessory Gt[UCtUne and Office
and Commercial Uses shall beless than 50%Building floor area total. [See Exhibit []
T5 - URBAN CENTER ZONE
RESTRICTED, LIMITED, OPEN
AOCiU3ryDVVe
the principal dwelling unit. [See Exhibit D]
ARTICLE 4. TABLE 5 BUILDING FUNCTION: PARKING AND LOADING
SHARED PARKING STANDARDS
For iOSb]OC8: for building with 8 Residential Use [8qUihOg 100 Sp8C8S and @ COrODl8Pcia| Use
F8qUihOg 20 Sp8C8S' the 20 Sp8DeG divided by the Gh8hDg feCLO[ Of 1.2 vvOu|d [edUQ8 the total
requirement to 100 p|US 18 17 6p8C8S. For UGeS not indicated in this chart on @ mixed use |OL 8
sharing factor 0f1.1shall beallowed. Additional sharing iSallowed byWarrant. [See Exhibit E]_
OFFSTREET PARKING STANDARDS
For landscaping requirements Of parking |ots, refer to Article 8 and the City of Miami Off-street Parking
Guides and Standards. [See Exhibit E]
LOADING BERTH STANDARDS
NOTES
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Berth Types
Residential*: 240 200 sf = 10 ft x 20 ft x 12 ft
[See Exhibit E]
ARTICLE 5. SPECIFIC TO ZONES
5.3 sub -urban Transect Zones (t3)
5.3.1. Building Disposition (T3)
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f. Facades shaft should be built parallel to a rectilinear Principal Frontage Line or parallel to the
tangent of a curved Principal Frontage Line.
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5.3.2 Building Configuration (T3)
e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be
as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a
maximum of two and a half (2.5) feet above grade, or as regulated by FEMA, whichever is
higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched
roof shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10)
feet overall Height above the second Story.
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5.3.6 Landscape Standards (T3)
b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be
limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty
percent (60%) of the area; a combination of pervious and impervious pavement shall be
limited to sixty percent (60%) of the -Lot area in the First Layer.
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Illustration 5.3 SUB -URBAN TRANSECT ZONES (T3)
Correct corner lot illustration for Building Placement to show 5 feet side setback.
[See Exhibit F]
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5.4.2 Building Configuration (T4)
e.
Loading and s8niDB 8nth8S Sh8U be at the Third Layer and Sh8U be 8CCeSS8d from AJ|8yS
when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks
and service 8[e@S Sh8|| be at the Third Layer and Sh8U be permitted OO PhOCip8| Frontages
only byprocess ofWaiver.
5.4.5 Architectural Stendordo/T4\
C. Roof materials ShVU|d be light-colored, hi h-A|b8dO or planted surface-. and Sh@U C0Dlp|y
with Article 3^ Section 3.13.2 of this Code.
5.4.6 Landscape Standards (T4)
b. In the First Laver, p8v8Dl8Ot Sh8U be limited as fOUOVVS: impervious p3V8DleOt 8hQU be
limited to forty percent (40%) of the area and pervious p8v8nl8Ot Sh8U be limited to fifty
percent (50%) of the area; 8 CO0biD8tiOD Of p8nviOUS and impervious pavement Sh8U be
limited to fifty percent (50%) of the lot area in the First Layer.
5.4.7 Ambient Standards (T4)
b. The lighting fixtures Of exposed rooftop parking Sh8U be C0DC88ked by parapet wall and
shall not be seen from surrounding streets-. and properties.
5.5.2 Building Configuration (T5)
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e.
Loading and service eOth8S Sh8U be within the Third Layer and Sh8U be 8CCeSS9d from
Alleys when 8V@i|8b|8 and otherwise from the 88COOd3[y Frontage. When Lots have only
Principal FrOOt8gHS. vehicular entries, Loading Sp@C8S and S8n/iC8 8[88S Sh8U be permitted On
Principal Frontages only bypnJGCS3 OfVV8ivU[
5.5.5 Architectural Standards (T5)
C. Roof materials should be light-colored, high /Ubedo or planted surface-. and shall comply
with Article 3. Section 3.132 of this Code.
5.5.7 Ambient Standards (T5)
C. Lighting OfBuilding and contingent Open Spaces shall b8compatible with street lighting 0f
Abutting public spaces as iUUSt[8t8d in /\rtiC|8 8. Interior garage lighting fixtures shall not bevisible
from streets -.and properties..
d. The lighting fixtures Of exposed rooftop p8ddOg Sh@U be COOC88ked by parapet wall and Gh@U
not beseen from surrounding Stn8ets-.and properties.
5.5.7 Ambient Standards (T5)
a. Lighting of Building and contingent Open Spaces shall be compatible with street lighting Of
Abutting public spaces @Sillustrated iDArticle 8. Interior garage lighting fixtures shall not bO
visible from streets-. and properties..
b. The lighting fixtures of exposed rooftop p8ddDg Sh8U be D0DCe8ked by parapet wall and
shall not be seen from surrounding streets-. and properties.
=
5.6.2 Building Configuration (T6)
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C. EDC[O8ChrOentS Sh@U be as fOUOYVS: At the First Laver, cantilevered AVVDiOgG and entry
C@OOpi8S may encroach up to one hundred percent (100%) Of the depth of the Setback,
except as may b9further allowed byChapter 54 of the City Code. Above the first Story,
C8Ot||8vHr8d b8|COOieS' bay windows, and [OOfS may encroach Up to three (3) feet of the
depth of the Setback. Other cantilevered portions of the Building Sh8|| maintain the required
Setback. At the Second Layer Above the eiqhth Story, OV EnCrO3ChnleOtS are permitted,
8XC8pt that F8C8d8 CD0pOD8DtS promoting energy efficiency such as shading and
Screening devices that are non -accessible may encroach 3maximum Ofthree (3)feet.
[ Loading and service entries shall be within the Third Layer and shall be accessed from Alleys when
available, and otherwise from the Secondary Frontage. Loading spaces and service areas shall b8
|Dte[O@| to the building. VVh8n8 Lots have only Principal FnDOL8gGS' vehicular entries, Loading [)OChG
and service areas shall bepermitted OOPrincipal Frontages byWaiver.
5.6.5 Architectural Standards (T6)
C. Roof materials ShOU|d be /ighi+c0|0red, high AlbedO or planted surface-. and Sh8U COnnp|y
with Article 3, Section 3.13.2 of this Code.
5.6.7 Ambient Standards (T6)
C. Lighting Ofbuilding and contingent Open Spaces shall be compatible with street lighting Of
Abutting public spaces 8S illustrated in Article 8. Interior garage lighting fixtures Sh8U not be
visible from streets-. and properties.
d. The lighting fixtures Of exposed rooftop parking Sh8U be concealed by parapet wall and
shall not be seen from surrounding streets-. and properties.
5.9.7 Ambient Standards (D)
C. LiqhtinV UfBUi|diDq and /\bUibDq [)p8D Spaces shall be compatible with Stn39t|iqhtiDq
OfAbuttiDq public spaces as illustrated in Article O. |OtehOrq8r8qe |iqhUDq fiXLUF8G Sh8U
not be visible from streets-. and properties.
d. The lighting fixtures of exposed rooftop parking Sh8U be concealed by parapet wall
and shall not beseen from surrounding GtP88tG,and properties.
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5.10 Waterfront industrial district ZONES (D3)
5.10.7 Ambient Standards (D3)
C. Lighting of Building and Abutting Open Spaces shall be compatible with street lighting
of Abutting public spaces as iUUSt[81ed in Article O. |Ot8hO[ g8F8g8 lighting fixtures Sh8U
not be visible from streets-. and properties.
J. The lighting fixtU[eGOf exposed rooftop parking shall b8concealed hv8parapet wall
and shall not b8seen from surrounding Stne8ts-.and properties.
ARTICLE 6. SUPPLEMENTAL REGULATIONS
TABLE 13SUPPLEMENTAL REGULATIONS
ENTERTAINMENT ESTABLISHMENT, ADULT; ADULT ENTERTAINMENT, IN GENERAL; OR
ADULT ENTERTAINMENT SERVICE ESTABLISHMENT
D2- INDUSTRIAL
Adult F.RtertaiRMeRt EstablishMeRts are regulated with the iRteRt te MiRimize deleterious seGoRdafy-
nffoctaon#l0NOighbOrhOUd.Sunhdc|ctohOu--offontarneyino|udc'butanenotUrnihsdtO'd8precietion
kJC8ted. pnOdUGti0O of a --kid row typo of atmosphere, increased QinOe and health safety concerns,
d�-.-CDU[3g8m8ntOf[o5id8Oti8|US8Sinthe area, and Cr~3tODOf8Oerotically suggestive atmosphere
on public ways uSed by minors.
Additional Regulations:
A Dlini0UnO diSt8DC8 Of 1.000 feet Sh8U be required from any public park, SChOO[ or property zoned for
Residential Use; including such public park O[school properties outside City limits n[properties zoned
residential by the 8Xi8rO8| jurisdiction.
The distance shall b8measured from the front door Ofthe proposed Adult Entertainment
Establishment tOthe closest property line Vfthe protected Use.
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Any application shall be accompanied by a survey certified by a land surveyor registered in the State
of Florida showing compliance with all minimum distance requirements.
Discontinued or abandoned Adult Entertainment Establishments may not resume the use until all
requirements of this Code and the City Code are met.
No Variances shall be permitted.
[See Exhibit G]
D3 - WATERFRONT INDUSTRIAL
Adult Entertainment Establishments are regulated with the intent to minimize deleterious secondary
effects on the Neighborhood. Such deleterious effects may include, but are not limited to, depreciation
of values of nearby and adjacent-prepeFt-i-es„-cleteri-aFatieafanGe-ef-the-afeas-in-wlqich4hey-aFe
discouragement of residential Uses in the arca, and creation of an erotically suggestive atmosphere
on public ways used by minors.
Additional Regulations:
A minimum distance of 1,000 feet shall be required from any public park, school, or property zoned for
Residential Use; including such public park or school properties
outside City limits or properties zoned residential by the external jurisdiction.
The distance shall bc measured from the front door of the proposed Adult Entertainment
Establishment to the closest property line of the protected use.
Any-applisatieh-shati-be-ac--sompaRieel-by-a-sur-vey-Gertified-19y-a-land-surveyep-registereel-kR4he-State
of Florida showing complianco with afl minimum dictance
requirements.
Discon4inued-er-abandened-istdu4t-EnteFtaiRmertt-EstablishmeRts-may-net-resume4he-use-un41-all
equirements of this Code and the City Code are met.
No Variances shall be permitte,.
[See Exhibit G]
ARTICLE 7. pROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
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7.1.2 Permits
7.1.2.4 Warrant
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e. Appeal to the Planning, Zoning and Appeals Board.
Appeal of the determination of the Planning Director shall be de novo and taken to the
Planning, Zoning and Appeals Board, -.An appeal shall be filed with the Hearing Boards
Office within fifteen (15) calendar days of the posting of decision by the Planning
Director on the City's website. The appeal shall be filed with the Hearing Boards Office.
The Board shall determine whether the Warrant is upheld or rescinded.
The ruling of the Planning, Zoning and Appeals Board may be further appealed to the
City Commission, de novo and must be filed with the Office of Hearing Boards within
fifteen (15) calendar days of the Board's issuance of its ruling.
The filing of the appeal shall state the specific reasons for such appeal, together with
payment of any required fee. The appeal may be filed only by the applicant or any
person who is aggrieved by the action of the Planning, Zoning and Appeals Board.
7.1.2.5 Waiver
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a. Specific Waivers are described in the various articles of this Code, and are
referenced here only for convenience. The specific parameters of each Waiver a r e
further described in the articles in which each Waiver appears in this Code.
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11. Service and Parking access from Principal Frontage (Article 5, Sections5/1.2.c, 5.5.2.c
and 5.6.2.f).
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e. Appeal to the Planning, Zoning and Appeals Board.
Appeal of the determination of the Zoning Administrator shall be de novo and taken to
the Planning, Zoning and Appeals Board,. An appeal shall be filed with the Hearing
Boards Office within fifteen (15) calendar days of the posting of the Zoning
Administrator's decision on the City's website. The appeal shall be filed with the
Hearing Boards Office.
7.1.2.6 Exception
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b. RSV8VV by M8OOiDg Director and Coordinated Review Committee.
4. As appropriate to the nature Of the EXCeDUOD iOVO|Ved and the p8rUCU|@[
C|rCUDlStBDC8S of the C8Se' the following Ch[8h8 Sh8U apply to an 8pp|iC81iOD for an
Exception. In addition, fThe application Sh8U be reviewed for compliance with the
[egU|81iODS of this Code and 8 traffic study Sh8U be provided as required by the
P|@DOiDg Director. The n3vi8vV Sh8U consider the Ol8DOe[ in which the pFOpOS8d Use
will Op8[818 given its specific |0C8tiOD and proximity to |eSS iO[GOSS Uses-. and Sh8||
The rOViOVv 5h3|| 8|50 apply Article 4' Table 12 Design Review Criteria, 88
7.1.2.8 Amendment to Miami 21 Code
8. SUCCeSSiOn8| Zoning. The CitY's grOvvUl and 8VO|UtiOD over time will inevitably require
dl8nUea to the boundaries of certain Tnsnsent Zones. These Ch8Dg8S Sh@U occur
SUCCBSSiOD8Uy' in which the zoning Ch8Og8 may be made only to @ |BSGe[TF8DS8Ct
Zone; within the S8Dle T[8OGH[tZOD8 to 8 greater or |eSSe[ iO18D8ih/; or to the next
high8[TF@OS8[t Zone, or through 8 Special Area Plan. All changes 3h8U Ol8iDt8iD the
gO8|S of this Code to p[8SerV8 Neighborhoods and to provide transitions in |ntHOSitv'
[}8DSitv' Building Height and 8C@|e.
3. For all successional zoning changes of less than nine (9) acres, refer to the table below.
TRANSECTZQNE FLR SUCCES|ONAL ZONE FLFt
T1 T1
T2 N/A
T3 T4'C|
T4 T5.C|
T5 T6-0. C|.01 0
T0-8 5 T0-12` Cl, D4 O
T6-12 8 T0-24.C| 7
T6-24 7 T8-30@.Q 12
T8-50@ 12 T6-008.[}| 11
T8-488 11 T6-008.C| 11
T6-008 11 T6-60b,Q 18
T6-48b 18 T8-00b'Q 18
T8-38b 22 T6-00b.C| 18
T0'60b 18 N/A, CI
T6-80 24 N/A, CI
Cl Abutting Zones
CI -HID 8 T8-24 7
D1 T5.Cl, D2
O2 D1.C|
[>3 T0-8L' T8-80' Q
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7.1.3 Application and Review Process
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7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and Variances
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d. Materials to be submitted with the application shall include maps, plans, surveys,
studies and reports that may reasonably be required to make the necessary
determinations called for in the particular case, in sufficient copies for referrals and
records, including those materials listed in section 7.1.3.3, and may include other
materials such as traffic studies and other documents relative to the application, as
deemed necessary by the Planning Director or Zoning Administrator, as applicable.
7.1.4.5 Hearing Procedures
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a. The hearing shall, to the extent possible, be conducted as follows:
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2. The members of the Decision -making body shall disclose any exparte communications regarding
the application. Such disclosure by the commissioner shall remove the presumption of prejudice from
ex parte communications pursuant to Fla. Stat. 286.0115.
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7.2 NoncoNformities: Structures; Uses; Lots; AND SITE IMPROVEMENTS
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7.2.2 Structures and Uses in the Event of Disaster
a. Single -Family Residences, Duplexes and Multi -family Structures
In the event of a natural disaster, explosion, fire, act of God, or the public enemy, the
Zoning Administrator may permit the reconstruction of any nonconforming Single -Family
Residence, duplex or multi -family structures to the same or decreased nonconformity as
existed immediately prior to the disaster, upon proof satisfactory to the Zoning
Administrator of the configuration of the prior Single -Family Residence, duplex or
multi -family structures, and only in compliance with the Florida Building Code. An
application for reconstruction of the Single -Family Residence or duplex or multi -family
structures shall be filed within twelve (12) months of the event of its destruction, unless the
City Commission authorizes the Zoning Administrator to extend the twelve (12) month time
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period city-wide.
ARTICLE 8 THOROUGHFARES
8.1 GENERAL DESCRIPTION
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In Zones T3 and T4, D1, D2 and D3, generally sidewalks occur at the edge of the Right -of -Way. In
Zones T5 and T6, sidewalks occur at the edge of the Right -of -Way and are given the additional
dimensions of the 10 foot setback in the First Layer as an easement.
ARTICLE 9 LANDSCAPE REQUIREMENTS
9.5 Minimum Standards
9.5.5 Minimum Number of Trees
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***
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c. Tree trust fund. If the minimum number of trees required cannot be reasonably planted on the
subject property, but as an alternative to the off -site tree planting option provided in subsection
9.5.5.2 9.5.5.b, the applicant shall contribute into the city's tree trust fund the sum of one thousand
dollars ($1000.00) for each two (2) inch caliper tree required in accordance with Table A of section
9.5.5. A city resident with current proof of residency and homestead status shall contribute five
hundred ($500.00) for each two (2) inch caliper tree required in accordance with Table A of section
9.5.5.
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APPENDIX A NEIGHBORHOOD CONSERVATION DISTRICTS
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A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
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2.4 Residential
All T3, Single -Family Residential zoning regulations shall apply within the Village West Island
District and Charles Avenue, hereafter referred to as NCD-2, except as modified below. If any
such requirements conflict, NCD 2 the more restrictive requirements shall apply.
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A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
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3.6 Single -Family Residential District
The single family residential district is intended to protect the low density residential and
dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional
density, uses, and height.
All T3, Single -Family Residential zoning regulations shall apply within the Coconut Grove
NCD-3 Single -Family Residential District, hereafter referred to as NCD-3, except as modified
below. If any such requirements conflict, NCD 3 the more restrictive requirements shall apply.
APPENDIX C MIDTOWN OVERLAY DISTRICT
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SD-27 MIDTOWN MIAMI SPECIAL DISTRICT
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Mixed Use: The SD-27 District promotes multiple uses within the same lot and on adjoining lots by
permitting multiple principal uses within the underlying district. A mixed use building or parcel exists
when there is more than one use and must include a combination of residential, retail, office, and/or
live -work use. Specifically excluded from the definition of Mixed Use is a building of only residential
and/or live work uses. When the majority of building area is dedicated to uses other than residential
and/or live work uses, at least ten (10) percent of the total FAR of the building shall be dedicated to
residential and/or live work uses in order to be classified as a mixed use building. The accessory or
secondary use of a Mixed Use building shall be a minimum of then (10) percent of the total floor area
of the building. For the purposes of calculating mixed uses, live -work uses shall be allowed to count
towards residential or commercial uses, but shall not be allowed to count towards more than one use.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. 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 5. 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, 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.
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Section 6. This Ord�nance shall become effective upon adoption. {21
Footnotes:
{1\Words and/or figures stricken through shall badeleted. Underscored words and/or figures
shall b8added. The remaining provisions are now ineffect and remain unchanged. ASiBhShS
indicate omitted and unchanged material.
/21 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 OndiD8DCe. it Sh8U
b8COrDe effective inlDl8di8tH|y upon override of the veto by the City CO[nnniSSiOD Or UpOD the
effective date stated herein, whichever is later.
City ofAllam/ Page /Yof}Y File Id:/0-00956zt (11emiow0Priwed Ow 812012010