HomeMy WebLinkAboutBack-Up from Law DeptSec. 35-220. - Required off-street parking and payment in lieu of required off-street parking.
The minimum off-street parking requirements shall be as depicted herein and/or in the zoning
ordinance of the city. Said minimum parking requirements may be satisfied by providing the parking as
stated in the zoning ordinance or by payment in lieu of required off-street parking, as described herein.
Parking reductions, off-site parking, or any other relaxation of parking requirements allowed pursuant to
the Miami 21 Code shall not be made available within areas unless otherwise provided for within
established Special Area Plans (SAPs) or Neighborhood Revitalization Districts of the city for which a
parking trust fund has been established and is in effect pursuant to this chapter.
(1) Upon application to the planning director, the owner of a property may request a waiver of any
or all of the eligible parking spaces, as specified in the zoning ordinance by substituting the
payment of a fee per space in lieu of providing the required parking spaces.
(2) If the application for the waiver of required off-street parking is approved by the planning
director, the property owner shall pay the required fee per space to the department of off-street
parking for deposit in a special fund, depending on the area for which the parking is located.
(3) Except as otherwise permitted for required supplemental parking for those uses specified in the
minimum required parking charts included the zoning ordinance, payment of the required fee
per space shall be made in the form of a payment of a fixed amount. The rental fee in lieu of
required supplemental parking shall be paid in accordance with section 35-224, as long as the
supplemental parking spaces for the specified use are required.
(4) Fees for the parking waiver shall be as established by this chapter and the zoning ordinance.
(5) If a property owner is entitled to pay a fee in lieu of providing required parking as provided for in
this section, the initial payment, shall be made in advance to the Coconut Grove parking
improvement trust fund, the design district parking improvement trust fund, or the Wynwood
parking improvement trust fund, as applicable, as specified in the letter granting the waiver, and
as a condition precedent to the issuance of a parking waiver certificate, and of a certificate of
use. Failure to make any required payment shall cause the parking waiver and the certificate of
use to be revoked.
(6) Evidence of issuance of a waiver of required off-street parking shall be in the form of a
certificate of waiver, recorded in the public records of Miami -Dade County, at property owner's
expense issued in the name of the owner of the property for which the waiver is granted. The
date on the certificate shall be the effective date of the waiver thereby granted. Such certificate
shall carry a statement allowing the waiver to be transferred by the planning director to a new
owner within 90 days of a written request to the director. Said transfer shall be granted,
provided that all fees are current and other requirements have been satisfied. A certificate of
use shall not be issued for the use of any property for which the parking requirements have not
been satisfied as provided for herein.
(7) The waiver of required off-street parking shall be applicable only to the structure and use for
which it is issued. New development or additions, or any construction generating additional
square footage of floor space or increasing the floor lot ratio, shall be required to comply with
the parking requirements for said additions or obtain proper parking approvals. Certificates of
parking waiver may be modified to include new square footage as long as the overall thresholds
as specified in the zoning ordinance are not exceeded.
(8) A waiver of required supplemental off-street parking issued under the provisions of this section
shall be revoked if any required fees remained unpaid for more than 90 days after the date due.
(Ord. No. 13185, § 2, 6-24-10; Ord. No. 13455, § 2, 5-22-14; Ord. No. 13520, § 2, 5-28-15; Ord.
No. 13556, § 2, 9-24-15)
Sec. 35-221. - Coconut Grove Parking Improvement Trust Fund—Established.
(a) There is hereby established a trust fund to be entitled the Coconut Grove parking improvement trust
fund, (the "Coconut Grove parking trust fund") to be maintained and administered by the department
of off-street parking into which funds shall be deposited and from which funds shall be withdrawn
pursuant to this chapter to facilitate public off-street parking, infrastructure improvements and
maintenance and marketing to serve the area referred to herein as "Coconut Grove Village Center"
generally bound by Oak Avenue and Tiger Tail Avenue to the North, S.W. 27th Avenue, South
Bayshore Drive, both sides of McFarlane from Grand Avenue to South Bayshore Drive, both sides of
Grand Avenue from Margaret Street to Mary Street, both sides of Grand Avenue from Hibiscus
Street to Margaret Street, both sides of Main Highway from Grand Avenue to Commodore Plaza,
both sides of Commodore Plaza, and the North side of Main Highway from Commodore Plaza to
Franklin Avenue consisting of that portion of the area formerly known as the SD -2 zoning district east
of Margaret Street, that portion of the area formerly known as of the SD -17 zoning district west of
S.W. 27th Avenue, and that zone designated G/I in the city's official zoning atlas and bounded by
Charles Avenue on the south and Main Highway on the east and presently occupied by the Coconut
Grove Playhouse through means which may include, but are not limited to the following activities:
(1) Acquire fee simple or other interest in land, and other real property for parking purposes;
(2) Construct, maintain, operate, lease, manage, or otherwise provide off-street parking facilities
for public use;
(3) Provide public information to enhance parking utilization including publicity campaigns,
graphics and signage, and other informational devices;
(4) Coordinate plans for parking facility improvements and expansion with public transportation
plans and operations in the vicinity, particularly the joint facilities that might be operated in
connection with Metrorail and any feeder services existing or future;
(5) Provide accessibility to off-street parking facilities by suitable means such as public shuttle,
tram or trolley service and related physical improvements such as bus shelters and right-of-way
modifications which may include the area from Bayshore Boulevard to the Coconut Grove
Village Center;
(6) Perform such other related activities as may be appropriate to carry out the intent of this article
including, but not limited to, reimbursement of administrative costs, infrastructure improvements
in the public right-of-way, contributing to maintenance of the public sidewalks within the
business district defined herein, as well as destination marketing;
(7) It is the intent of this article that at least 90 percent of the funds, as determined at the beginning
of each fiscal year, in the trust fund shall be utilized for subsections (a)(1)—(6). At least ten
percent of the funds must be maintained as reserves;
(8) Any such shuttle, tram or trolley service, as mentioned in subsection (a)(5), shall be subject to
yearly evaluation of the Coconut Grove business improvement district board.
(Ord. No. 12851, § 2, 9-28-06; Ord. No. 13059, § 3, 3-12-09; Ord. No. 13185, § 2, 6-24-10)