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HomeMy WebLinkAboutTAB C.2 Modifications to Article 1.2C.2 MODIFICATIONS TO ARTICLE 1.2: DEFINITION OF TERMS SPECIAL AREA PLAN BRICKELLi41 CITICENTRE MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 1. DEFINITIONS TABLE OF CONTENTS 1.1 Definitions of Building Function: Uses 1:2 Definitions of Terms 1.3 Definitions of Signs 1.4 Definitions of Landscape Requirements MAY 16, 2011 SPECIAL AREA PLAN Y f� BRICKELL CITICENTRE MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 1. DEFINITIONS THIS PAGE LEFT INTENTIONALLY BLANK. MAY 16, 2011 SPECIAL AREA PLAN BRICKELL q141i CITICENTRE MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) b. LODGING This category is intended to encompass land Use functions predominantly of sleeping accommodations occupied on a rental basis for limited periods of time. These are measured in terms of lodging units: a lodging unit is a furnished room of a minimum two hundred (200) square feet that includes sanitary facilities, and that may include limited kitchen facilities. Bed & Breakfast: A group of lodging units not to exceed ten (10) units that may provide services for dining, meeting and recreation. Inn: A group of lodging units not to exceed twenty-five (25) units that may provide services for dining, meeting and recreation. Hotel: A group of lodging units exceeding twenty-five (25) units that may provide services for dining, meeting and recreation. Serviced Apartments: A group of lodging units that are available for lease or rent by transient guests for a period of not less than 30 days, and which share amenities, and are operated in conjunction, with a Hotel. MAY 16, 2011 SPECIAL AREA PLAN BRI CKELL1t��� CITICENTRE MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 1. DEFINITIONS Entertainment Establishment, Adult; Adult entertainment, in general; adult entertainment services or adult entertainment services establishment (hereinafter referred to throughout the code as "Adult entertainment"): Any establishment which sells, rents, leases, trades, barters, operates on commission or fee, purveys, displays, or offers only to or for adults, products, goods of any nature, images, reproductions, activities, opportunities for experiences or encounters, moving or still pictures, entertainment, and/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 in Section 1.2 of this Code. Such establishment may or may not be open or available to the public generally, but shall exclude any person under eighteen (18) years of age. It is the intent of this definition that determination as to whether or not a specific establishment or activity falls within the context of regulation hereunder shall be based upon the activity therein conducted or proposed to be conducted as set out above and in these regulations. Such establishment shall not depend upon the name or title of the 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 bookstore," "adult massage parlor," "adult motion picture theater," "adult private dancing," and "adult escort service" are encompassed within this definition of "Adult entertainment", but the term "Adult entertainment" is not to be deemed limited by the enunciation of specific activities listed before. Adult entertainment establishments are allowed in D2 industrial, subject to the limitations set forth in Article 6, Table 13. Adult entertainment- Legislative Intent. As intended in previous zoning ordinances, most particularly, Zoning ordinances 11000 and 9500, this ordinance intends to regulate Adult entertainment as herein defined, to minimize deleterious effects on the neighborhood. These deleterious effects have been presented as evidence and relied upon for adoption in previous adult entertainment legislation in zoning ordinances 9500 and 11000, and are also relied upon herein. Such deleterious effects may include, but not be limited to, depreciation of values of nearby and adjacent properties, deterioration in appearance of the areas in which they are located, production of a skid row type of atmosphere, discouragement of residential uses in the area, and creation of an erotically suggestive atmosphere on public ways used by minors. Moreover, in the development and enforcement of restrictions on Adult entertainment in this code, this section and in Article 6, it is acknowledged that adult entertainment have been found to have serious objectionable characteristics, and to have a deleterious effect on adjacent businesses and residential areas. In making this finding, the Commission has reasonably relied upon evidence of conditions within the City itself, evidence gathered by other localities and communities, and evidence described in judicial opinions. For the protection and welfare of the community, it is necessary, to locate Adult entertainment away from residential areas and commercial areas, and particularly away from public facilities that are used frequently by minors, such as schools, churches, parks, libraries, MAY 16, 2011 SPECIAL AREA PLAN BRICKELL CITICENTRE MIAMI 21 AS ADOPTED - JANUARY 2011 ARTICLE 1. DEFINITIONS day care centers or nurseries, and to restrict Adult entertainment to industrial areas. Public Storage Facilities, Schools: Any public, parochial, private, charitable or non-profit school, college or university, other than trade or business schools, which may include instructional and recreational uses, living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees, including the Educational Uses such as: pre- school, elementary school, middle school, high school, college and university. 1.2 DEFINITIONS OF TERMS This section provides definitions for terms in this Code that are technical in nature or that might not be otherwise reflect a common usage of the word. If a term is not defined in this Article, then the Zoning Administrator shall determine the correct definition of the term. Climate Ribbon: A framed Structure which is open on its sides, fixed, and self-supporting. Content, Adult: see Adult Entertainment; Specified Anatomical Areas; Specified Sexual Activities; see section 1.1 Commercial Use. Commercialcommercial Open Space: Any parcel or area of land or water essentially unimproved by permanent Buildings, open to the sky and/or covered by a Climate Ribbon; such space shall be reserved for public or private Use. Open Spaces may include Parks, Greens, Squares, Courtyards, Gardens, Playgrounds, paseos (when designed predominantly for pedestrians), and pedestrian paths or associated landscaped areas. Pedestal: In T6 Zones, that portion of a Building up to a maximum of 129 feet. Also known as podium. (Commercial, General Commercial) male and 1 Terminated Vista: A location at the axial conclusion of a Thoroughfare or Pedestrian Passage. A Building located at a Terminated Vista designated on a Special Area Plan is required to be designed in response to the axis. MAY 16, 2011