HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00754zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, SECTION 609, "SD-9" BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE
REGULATIONS WITHIN THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD (HEPB) DESIGNATED MIAMI MODERN (MiMo)
BISCAYNE BOULEVARD DISTRICT; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 15, 2009, Item No.
P.3, following an advertised public hearing, adopted Resolution No. PAB 09-022 by a vote of seven to
zero (7-0), recommending approval as presented; 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, AS FOLLOWS:
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 by amending the text of said Ordinance as follows {1}
"ARTICLE 6. Special Districts
Sec. 609. SD-9 Biscayne Boulevard North Overlay District.
Sec. 609.4. Permitted principal uses and structures.
Principal uses and structures are as permitted generally or conditionally by special permit in the
underlying district, and except as may be allowed pursuant to section 609.5.2, the following uses shall
not be permitted:
City of Miami Page 1 of 3 Printed On: 8/31/2009
File Number.' 09-00754zt
1, Bars, saloons and taverns.
2. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes, group
homes and orphanages, as long as such prohibition is not preempted by, or in conflict with,
state law.
3. Hotels, residence hotels, motels, tourist homes, lodging houses, single room occupancy
facilities, guest homes and other transitory residential uses generally not evidenced by a
leasehold transaction.
4. Community based residential facilities, as long as such prohibition is not preempted by, or in
conflict with, state law.
5. Private clubs, lodges, fraternities and sororities operated for profit.
6. Coin laundry operations.
7. Clinics, medical or dental.
8. Pool halls, billiard parlors, and game rooms.
9. Mortuaries and funeral homes.
10. Used car sales, enclosed or unenclosed.
11. Unenclosed sales of new cars.
12. Automotive service and repairs.
13. Ambulance service.
14. Sewing shops.
15. Hiring halls or labor pools.
16. Discount membership merchandisers.
17. Public storage facilities.
18. Vehicle rental facilities.
19. Aluminum recycling machines.
In addition, within the Miami Modern (MiMo) Biscayne Boulevard District, designated by the Historic
and Environmental Preservation Board (HEPB), the following uses shall be prohibited:
1. Car wash facilities.
2. Gasoline service stations.
This prohibition does not apply to such uses that were legally operating prior to the effective date of
this amendment. Uses that were legally operating prior to the effective date of this amendment are
legal nonconforming uses as described in this zoning ordinance.
Sec. 609.5. Conditional principal uses.
609.5.1. For underlying C-1 districts:
Same as for the underlying district subject to the applicable criteria in Section 1305 and with
the limitations contained in Section 609.4; and in addition, for the C-1 district only:
1. Commercial parking lots only by Class II Special Permit, and only when designed to diminish
the visual appearance of cars from Biscayne Boulevard.
2. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special
City of Miami Page 2 of 3 Printed On: 8/31/2009
File Number: 09-00754zt
Exception.
3. Veterinary or animal clinics and offices only by Class II Special permit.
609.5.2. For restored properties located within the Miami Modern (MiMo) Biscayne Boulevard District
designated by the Historic and Environmental Preservation Board (HEPB):
Same as for the underlying district subject to the applicable criteria in Section 1305, the MiMo
Biscayne Boulevard Design Guidelines, and limitations contained in Section 609.4, except the
following uses, may be allowed only by Class II Special Permit and HEPB approval:
1. Bars within properties that feature front porches, courtyard gardens, interior lobbies, or
sidewalk cafes.
2. Motels for tourist lodging within existing motel structures.
3. Medical and Dental Offices located above the first floor of the structure.
Section 3. If any section, part of 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 immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
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 thirty (30) days after approval at second reading, unless
vetoed by the Mayor within ten (10) 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.
City of Miand Page 3 of 3 Printed On: 8/31/2009