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Home My WebLink AboutO-086634!27177 ORDINANCE NO, 803 AN ORDINANCE AMENDING ORDINANCE NO. 9S71, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE V, ONE FAMILY DWELLING, R.1 R-1B DISTRICTS, BY REVISING SECTION 1, USE REGULATIONS, SUBsSECTION (t), PARAGRAPH (k) , ENTITLED TEMPORARY AMUSEMENT ACTIVITIES, OPERATED IN CONJUNCTION WITH THE ACTIVITIES OF A CHURCH, SCHOOL, OR PUBLICLY OWNED RECRE- ATIONAL OR CULTURAL FACILITY AND SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS, BY DELETING SUB -PARAGRAPHS (1) AND (5) AND BY ADDING NEW SUB -PARAGRAPHS (1), (5) AND (6) AND BY. AMENDING ARTICLE XII-LOCAL COMMERCIAL- C-1 DISTRICT, BY REVISING SECTION 1, SUB- SECTION (2-A), ENTITLED AMUSEMENTS EVENTS, TEMPORARY, BY DELETING PARAGRAPHS (a) (b), AND (e) tN THEIR ENTIRETY AND BY ADDING NFW PARAGRAPHS (a), (b), AND (e); BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; ANT) CONTAINING A SEVERABILITY PROVISION. 1REREAS, the Miami Planning Advisory Board at its meeting of April 20, 1977, Item No. 4, following, an advertised Hearing, adopted Resolution No. PAB 24-77 by a 6 to 0 vote (two members absent), recommending amending the Comprehensive Zoning Ordinance of the City of Miami, Ordinance No, 6871, as hereinafter set forth; and WHEREAS, the City Commission, after careful considera- tion and due deliberation of this matter, deems it advisable and in the best interests of the City of Miami and its inhabitants that the ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI , FLORIDA: Section 1. Ordinance No, 6871, the Comprehensive Zoning Ordinance of the City of Miami, be and it is hereby amended by deleting sub -paragraphs (1) and (5) of Article V, Section 3, Use Regulations, paragraph (k) and by adding new sub -paragraphs (1). (5) and (6) to read as follows; (1) Such use, in an R-1 District or within two hundred fifty (250) feet of an R-1 District. shall not be established for a period exceeding seven (7) days, nor shall any one location be used within twelve (12) months for a similar purpose. (5) The Cit Manapir, through the Director o , f the huidin Department, shall be authorised to establish required procedures for ap. ii cation for the necessary licenses, permits, and certificates and to attach any limitations or conditions deemed essential for the health and general welfare of the public, including the prohibition of such use when determined to be in conflict with, and/or in close proximity to a similarly scheduled use, (6) Such use may be established only after approval of the City Manager through appropriate departments and after the necessary licenses, building permit and certificate of occupancy have been obtained. Section 2. Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami, be and it is hereby amended by deleting paragraphs (a), (b), and (e) of Article 'tit -Local Commercial - C-1 District, Section 1, sub -section (2-A) and by adding new paragraphs (a), (b) and (e) to read as follows. (a) Such use shall not be established for a period exceeding fifteen (15) days, nor shall any one location be used within ninety .90) days for a similar purpose. (b) Such use may be established only after approval of the City Manager through appropriate depart- ments and after the necessary licenses, building permit and certificates of occupancy have been obtained. (e) The City Manager, through the Director of the Building Department, shall be authorized to establish required procedures for application for the necessary licenses, permits and certificates and to attach any limitations or conditions deemed essential for the health and general welfare of the public, including the prohibition of such use when determined to be in conflict with, andfor in close proximity to a similarly scheduled use. Section 3. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed insofar as they are in conflict, Section 4, Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this leth day of May . 1977. P 4' 'S fl ANO ADOPTED N E AND PENAL ONLY ttt 18th day of �,. June ,.: 1977. ATTEST 'RAM O. °Nat; 'day driik PREPARED AND APPROVED BY: MICHEL, t . A bEt ON Assistant City Attorney APPROV S TO FORM AND CORRECTNESS! City Atto MAIM A PBB A 'fak PLANNINa rim? SHEET A PPL►1CANT City of Marra Nanning Department, March 29, 19?7 REQUEST Consideration of amending the Comprehensive Zoning Ordinance *6!!71 ARTICLE V ONE FAMILY DWELLING R•1, R•WA, R•11 13/STRICT'S by revising Section 1 Use Regulations, subsection (6), paragraph ik), sub -paragraphs (1), (S), and by adding a new sub -paragraph (6), and of amending ARTICLE XII - LOCAL COMMERCIAL C.1 n/STRICT of the game Ordinance by revising Section 1 Use Regulations, Bub=section (2.A), paragraphs (a), (b), and (e) all to establish new location and revised time limitations for, to authorize required administrative application procedures pertaining to, and to require approval by the City Manager of, temporary amusement activities and eveeits. BACKGROUND Temporary Amusement Events are presently permitted in residential zoned districts in conjunction with the activities of a church, school, or publicly owned recreational or cultural facility. Events at one location are restricted to seven days duration, once annually, in commercially zoned districts these events are subject to City Commis- sion approval, restricted to fifteen days duration, four times annually. In all areas of the City the Director of the Building Department is empowered to attach any limi- tations or conditions deemed essential for the health and general welfare of the public and these uses are subject to appropriate licenses, building permits and certificates of occupancy. ANALYSIS The existing procedure for the issuance of permits for temporary amusement events has proved cumbersome in commercially zoned distracts due to the requirement for City Commission approval. Another problem has arisen in both residential and commercial districts due to the concentration of events in certain areas that has resulted in a hardship to adjacent properties. No restrictions pre- sently exist on adjacent events occurring simultaneously or a concentration of events within a small area during a short period of time (at different sites). To facilitate the permit procedure in commercial areas ,it is proposed that the required approval by the City Com- mission be eliminated and that the City Manager be em- powered to issue a permit through the Building Department. • in order to prevent a trententration of events In any one area th both ettnimerttally and residentially toned distriets which may result in undtie hardship to adjacent properties, it is proposed that the City Manager, through the Direeter of th ufltngDepartmtnt, be empowered to restrict with events when it Is determined that they may be in conflict ondior close proxiMity to similarly scheduled uses. it is proposed that events held in commercially P. onrA districts located within 250 feet of a residentially toned district become subject to restrietions that prevail ter the location of events in residentially toned areas. RECOMMENDATIONSt PLANNING DEPARTMENTt APPROVAL PLANNING ADVISORY ROAR Recornmentind Approval, April 20, 1977, by a 6.0 vote. CITY First Reading, May 18, 1977. COMMISSION PD 4.12-77 r 4-Z1-77 0 t4HAMI REVIEW AND DAILY ReCIMMS fl y engem smoky, Sado ad bed tidies Mimi, t,th Comm, MOW. STATE Or ILORIDS COUNT? Dr DADE: DOOM the ulttletiligheti flutherity pertentillf OP. tIittered Martha brobnie, whe oh oath sir Mth et e the V.P. Legal Ads of the mieffil Moiler end any ?Matta daily noteept Saturday, under efle Legal H olidays) newspaper publeheo et mini in Dade ptntv Forida: that the attached eopy of a MP ietfil Leal AdveriseMent Or Notes trivrett ; , r ill the . .. . ... . . ... .. . ........ pours Wet 00 ilshed in said newspaper 111 the IISSUIS et Affient further gays that the said Miami Review end Daily Reeord is a_newspaper published et Miami. in said 06de County, Fiends, and that the said MICe. paper has heretothre been continuously published in said bade County, norms, each day (exeapt Saturday. Sunday and Legal Holidays) end has been entered as SeCohd clan Snail Matte,' et the pest Office in MIMI. th Said Dada COunty, Florida, for 6 period 01 one year next preceding the first publication of the attached copy of advertisement: and affient further Says that She has neither paid nor promised any pertion. Han or corporation any discount, rebate. commission or ;Oland for the purpose of securing this advetilsemeht or publication in the said newSpapet. N j $worn to , day of.... (SEAt3 (Al 4 My commission expirea,ttun • eirrettr1M11 , DADS WIWI% riStitbit titeAL ttailet All Intetestee will take Bette. That Oft ie 1Th dew o, JOWL lert The City eafttflitialidi Of Miliffdo Pldflea adapted the fellifiVill1§ 'flflOt et, elnence: ORDINANCE NO. $663 AN ORDINANCE AMENDING ORDINANCE NO. WI, THE COMPREHENSIVE 204ING ORDNANCE OP THE eIV OP MIAMI, ARTICLE V. ONE PAMILY DWELLING. it.i; R•)8 Di STR sCTS, ttEvISt NG SECTION 1. USE .REDULA- liONS, SUB -SECTION (6), PARAGRAPH (k), ENTITLED TEMPORARY AMUSEMENT ACTIVITIES, OPERATtO IN CONJUNCTION WITH tHE ACTIvitIES OP A CHURCH. SCHOOL, OR PUBLICLY OWNED RECREATIONAL Oft CULTIJPAt PAOLITY ANb SUEIJEtt TO THE POLLOW- 1.! Li) ci MONS AND LIMIT AT IONS, ov DELETING SUB- PARAGRAPHS (1) AND (S) AND BY AbbING NEW SUB- PARAGRAPHS (1). (S) AND (6) AND BY AMENDING ART,- CLE XII-LOCAL COMMERCIAL-C-1 DISTRICT, BY REVIS- ING SECTION 1, tut-sectioN (2-A), ENTITLED AMUSE MENTS EVENTS, TEMPoRARY, Etv DELETING PARAGRAPHS (a), OA ANb ((AIN THEIR ENTIRETY AND BY ADDING NEW PARAGRAPHS (a), (b), AND (e); BY REPEALING ALL ORDINANCES, CODE SECTIONS ON PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY PROvISION, RALPH G. ONGIE City Clerk City Ot Miami, Florida Pubbtation of thit notice Oh the 21 day Of June, 1972. 6/21 M 621011 • •