HomeMy WebLinkAboutO-13282City of Miami
Legislation
Ordinance: 13282
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-00584zt Final Action Date: 7/28/2011
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ARTICLE 6, TABLE 13, ENTITLED
"SUPPLEMENTAL REGULATIONS," BY ADDING DRIVE -THROUGH AND DRIVE-IN
REGULATIONS FOR T4-O; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Zoning and Appeals Board ("PZAB") considered this item at
its July 6, 2011 meeting, Item No. PZAB.3, adopting Resolution No. PZAB-R-11-0032 by a vote of
four to three (4-3), and has recommended APPROVAL with a modification to add "whenever possible"
to Article 6, "Supplemental Regulations" legislation and Exhibit A, Table 13 for "All ingress and Egress
to and from the site shall be from a county -designated primary arterial road", which failed, constituting
a denial (4-3) to the City Commission; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, as the City
of Miami's Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, regulations for drive -through and drive-ins do not currently exist for the T4
Transect in the Miami 21 Code and regulations are needed to address certain development along
T4-O corridors in the City of Miami ("City"); 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 and its citizens to amend 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. The Miami 21 Code, is amended by making modifications to Article 6 in the
following particulars: {1}
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
T4 - General Urban Zone
City of Miami
Page 1 of 3 File Id: 11-005847t (Version: 3) Printed On: 10/13/2017
File Number: 11-00584zt Enactment Number: 13282
OPEN
DRIVE -THROUGH AND DRIVE-IN
***
May only be permitted by Warrant.
Available only when site's Primary Frontage is along a County designated primary arterial road.
Whenever possible, all ingress and egress to and from the site shall be from a County
designated primary arterial road.
Principal Frontage access may be allowed.
Reservoir parking spaces shall be required as follows:
One (1) at window, three (3) before service window, one (1) after service window.
[See Exhibit A]
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. 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 relettered 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 30 days after final reading and adoption
thereof. {2}
Footnotes:
City of Miami Page 2 of 3 File Id: 11-005847t (Version: 3) Printed On: 10/13/2017
File Number: 11-00584zt Enactment Number: 13282
{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 3 of 3 File Id: 11-005847t (Version: 3) Printed On: 10/13/2017