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HomeMy WebLinkAboutExhibit No. 1Exhibit 1 MIAMI 21 AS ADOPTED - JANUARY 2018 ARTICLE 1. DEFINITIONS d. COMMERCIAL This category is intended to encompass land Use functions of retail, service, entertainment or recreational establishments and supporting office. Auto -Related Commercial Establishment: A place of business serving auto -related needs including, but not limited to: car rental, car wash, gas station, mechanic offering minor repairs, retail sales such as auto parts, tire store, indoor car sales. Uses not included: major mechanical work; body work; painting; steam cleaning; welding; outdoor car sales; storage of automobiles not in operating condition; com-m ercial parking Lot or commercial garage; or any work involving undue noise, glare, fumes or smoke, all of which are considered auto -related industrial activities. See Article 6. Entertainment Establishment: A place of business serving the amusement and recreational needs of the community. Such facilities may include, but not limited to: cinemas, billiard parlors, teen clubs, dance halls,-er-video arcades, or any facility operated with a license regulated by Chapter 550 of the Florida Statutes. Uses not included: Entertainment Establishment, adult. Entertainment Establishment, Adult; Adult entertainment, in general; adult entertainment ser- vices 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 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 1.7 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY(UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE ENTERTAINMENT Any Entertainment Establishment that includes ESTABLISHTMENT gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. VI.10 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T6 - URBAN CORE ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 150 UNITS PER ACRE* CHILDCARE REGIONAL ACTIVITY COMPLEX ENTERTAINMENT ESTABLISHMENTS Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. 150 UNITS PER ACRE* 150 —1,000 UNITS PER ACRE * Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Minimum of 1 drop off parking space for every 10 children. Vehicular entrance must be within 300 feet of arterial road. Regional Activity Complex: Allowed by Exception with City Commission approval and are subject to the following additional requirements: Regional Activity Complexes are not allowed in Transect Zones T6-8 and T6-12. Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4 Zones. Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered referential guidelines for Regional Activity Complexes. Any exemption from these guidelines must comply with the following criteria: 1. exemptions shall be justified by functional requirements connected to the uses proposed; and 2. exemptions shall be reduced to the minimum required to achieve the required functionality; and 3. exemptions in the aggregate shall be evaluated for compliance with the Transect's intent regarding intensity and scale; and 4. exemptions shall be evaluated for compliance with criteria set forth in Article 4, Table 12, as applicable; and 5. specific findings shall be made by the Planning Director regarding the nature and extent of each proposed exemption and said findings shall be contained in the recommendation report for the Exception which ma be considered as substantial and competent evidence b the PZAB and City Commission respectively. Any Entertainment Establishment that include gambling, including but not limited to pari-mutue facilities regulated under Chapter 550 of the Florid Statutes: Allowed by Exception with City Commissio approval by 4/5ths vote. Any Entertainment Establishment that include gambling, including but not limited to pari-mutue facilities regulated under Chapter 550 of the Florid Statutes: Allowed by Exception with City Commissio approval by 4/5ths vote. VI.16 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 T5 - URBAN CENTER ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 65 UNITS PER ACRE * 65 UNITS PER ACRE * 65 UNITS PER ACRE * ENTERTAINMENT Any Entertainment Establishment that includes gabling Any Entertainment Establishment that includes gabling ESTABLISHMENT including but not limited to pari-muel facilities regulated including but not limited to pari-muel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths Exception with City Commission approval by 4/5ths vote. vote. * Or as modified in Article 4, Diagram 9 VI.13 MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) AS ADOPTED - JANUARY 2018 D - DISTRICT D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL DENSITY (UPA) 36 UNITS PER ACRE N/A N/A CHILDCARE Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Vehicular entrance must be within 300 feet of arterial road. INDUSTRIAL USES It is intended that the provision of Industrial Products and Services be permissible, as appropriate, within the D1 Zone. The D1 Zone allows limited Residential Uses and is generally intended to contain light industrial Uses. The D1 Zone generally allows Industrial, Commercial and Office activities which serve the needs of other businesses, may require extensive loading facilities and often benefit from proximity to Industrial areas. This Zone also includes the following Uses: wholesaling, warehousing, light assemblage and distribution and minor repairs and fabrication of materials and equipment. Residential Use is limited. This type of Zone specifically excludes the following activities: • Any uses that involve the manufacturing processing generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in the Florida Building Code, Section 307 — High - Hazard Group H. It is intended that the provision of Industrial Products and Services be permissible within the D2 Zone. The heavier Industrial Uses are limited to the D2 Zone. Concrete subjectto the requirementsh g ts ofy be ectione .5.1. by Warrant and to the Section 6.5.1. It is intended that the provision of Industrial Products and Services be permissible within the D3 Zone. The heavier Industrial Uses are limited to the D2 Zone. The D3 Zone allows all Industrial activities such as manufacturing, processing, assembly, auto -related and storage activities and restricts activities generating adverse impacts such as such as excessive amounts of noise, fumes, illumination and hazardous wastes. This Zone shall generally be located where directly served by major transportation facilities and shall be buffered from Residential areas. CREW QUARTERS Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. Crew Quarters shall be reviewed by process of Warrant. The proposed Crew Quarters shall receive comments from the Miami River Commission prior to Warrant Final Decision. CONTAINER YARDS Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall Setback a minimum of 10 feet from the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic and negative visual impact. Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall Setback a minimum of 10 feet from the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic and negative visual impact. Container yards and any facilities for the outdoor storage, stacking and processing of containers intended for shipment. Permissible only by Exception. • No more than 3 containers shall be stacked vertically •A 10 to 15 foot high wall Setback a minimum of 10 feet from the Property Line must surround the property. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to prevent light spillover. • All crane operations are limited to daylight hours between 8:00 am and 6:00 pm. • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; vibrations; streetcapacity and maneuverability; traffic and negative visual impact. ENTERTAINMENT Any Entertainment Establishment that include Any Entertainment Establishment that include ESTABLISHMENTS gambling, including but not limited to pari-mutue gambling, including but not limited to pari-mutue facilities regulated under Chapter 550 of the Florid facilities regulated under Chapter 550 of the Florid Statutes: Allowed by Exception with City Commissio Statutes: Allowed by Exception with City Commissio approval by 4/5ths vote. approval by 4/5ths vote. VI.21