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1967-563ORDINANCE NO. 563 ORDINANCE OF CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -22 OF THE CODE OF ORDINANCES OF CITY OF SOUTH`MIAMI, FLORIDA, THEREBY PROVIDING FOR ADDITIONAL USES IN COMMERCIAL ZONES; PROVIDING ADDITIONAL CONDITIONS AND RESTRICTIONS APPLICABLE TO SOME USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE, WHEREAS, after -a duly convened public hearing, the Planning Board of the City has recommended amending Section 20 -22 of the Code of'Ordinances of City-of South Miami, Florida, so as to provide for additional uses in the commercial zones and provide for additional conditions and restrictions, and WHEREAS, after the holding of a duly advertised public hearing, the City Council concurs with said 'recommendation and finds that the proposed uses and restrictions are reasonable and just; BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF CITY OF SOUTH MIAMI, FLORIDA: -_ 1. Section 20 -22 of the Code of`Ordinances of the City Of South Miami, Florida, is hereby amended to read as follows: SECTION 20 -22. COMMERCIAL ZONES. (1) RESTRICTIONS APPLYING TO ALL COMMERCIAL ZONES: Each individual business shall have a minimum frontage of fifteen feet. New cons"truction'shall provide sidewalks, curbs and gutters: Adequate provision'shall be made for disposal•'of rainwater an . d/or water used for any purpose on the property Alteration or addition to nonconforming "structures shall be dependent "upon all requirements being`met as would be required of a new structure. All buildings in commercial zones shall be of masonry construction and all business uses shall be con- ducted within such building, and all stock and equipment shall be stored within such building unless otherwise provided by these regulations. r: e ORDINANCE NO. (continued) Whenever an area zoned for residential use abuts any commercial zone, a five foot CBS or precast louvered type wall shall be erected along the property line of the commercial property. Where a dedicated alley separates two districts it is not required that this condition be met. Property 'in residential, estate or agricultural zones may not be used as access to commercial pr�p;brty • Orily property in' commercial or industrial zones may be used as access for ingress or egress to property in commercial classifications. Loudspeakers may not be located outside of an enclosed building nor may they be located so as to serve area outside of an enclosed building. SECTION 20 -22. COMMERCIAL; C -1 2. No land, body of water or structure `shall be used, or permitted to be used, and no structure shall`be hereafter erected, cot %structed, 'recdlid'fru6ted,- moved or structurally altered or maintained for any purpose in a C=1 zone district which 'is de -. signed, arranged or intended to be used or occupied for airy,. other uses are hereb r �' .,. a of the follawing uses, and all purpose, exce t for one or mored. Unless specifically "stated y p of�ibit to'the contrary, all-uses listed shall be `for sale of new merchandise within buildings of masonry construction ad all stock and equipment shall be stored within the building: use Ever" - y permitted in the 'previous RU and EU -zones upon the same conditions stated in the zone permitting said user Antique and "Curio Shops Architects and Engineers Art Goods and Brie- a -Brac Shops Auditoriums Automobile "'Parts and Accessories (retail only) Bakery Shops (baking" "'permitted for goods sold on premises only) Banks (Drive -In or otherwise) Barber Shops Beauty Parlors Book and Stationery Stores Broadcasting Stations '(studios only) Business and Professional Offices Business Machines, Sales and Service Carpet Sales Cerainic'Products, China and Glassware Clinics - Medical and Dental Commercial Parking (Garages and Lots) E i ORDINANCE NO. (continued) Confectionery and Ice Cream Stores. Walk -up trade, curb service, or drive-in use shall require approval after public hearing. The intent here is that a public hearing shall be required in all cases except where the commodity is dispensed within a building and all consumption on the premises shall be within the building. Contractors Offices (no storage of materials or equip.) Cosmetics, Perfumes, Toiletries Dairy Products (drive-in use not permitted) Dancing Acadamies (in sound -proof buildings. No intoxicants permitted on premises) Delicatessen,__. Dental a -n'd "Opcal Laboratories Department and Dry Goods Stores .Detective Agencies essmaking And Alteration Shops (custom only) Drug and Sundry Stores Electrical - Appliances Fabric Shops Florist Shops Food and Vegetable Stores (no outside display permitted) Furniture Stores (new merchandise only, no outside display) Gift Shops Grocery Stores Haberdashery Hardware Stores Hat Cleani'rig' and Blocking Hobby Supplies Hospitals Interior Decorating and 'Drapery Shops - custom fab'ri- cation oily Jewelry Stores Leather Goods Stores Liquor Package Stores Loan 'A` eaces `�„ , g (excluding Pawn Stops) Lodges, Meeting Halls, Fraternities, Sororities and other private meeting places not operated for profit Luggage Shops Medical Laboratories Meat Markets (no live animals, birds or reptiles per- mitted on premises) Messenger Offices Millinery Shops Mimeographing and Letter Service, including offset press work 3 ORDINANCE NO. (continued) Modiste, Wearing Apparel, Furriers Music Stores News Stands (to be conducted completely within building) - Office Supplies Offices Optical Stores Paint Stores - -- — Photographic Studios__1ncluding developing and printing Picture Franiiig, Custom only Post Offices Premium Coupon Redemption'Stores Radio & TV 'Stores (sales and "repair) Reducing Salons Restaiirants' or Dining Rooms, but not "to include drive =in or walk -up restaurants, where kitchen is secured or � ,. �« located altogether within an `enclosed building' or_ f= room and''with'° am le 4 p provis'ioris for carrying away or dissipating fumes, odors, smoke or nois "e, and where premises are so arranged and "the" business `is s'o conducted as not toibe ±offensive or obnoxious to occu ants of ad oinin P � g premises or to passersby.' Per'., ted restaurants or dining rooms may serve legal °malt, vinous or al'cholic beverages w ere such service' s strictl incidental'to the serving of live and frOO na s'er_vice bar only, and" provided no food and from a ser is presented. No sign or any type or character shall be exhibited or displayed a to the outside deiiotirig` that malt, vinous, spiritu- ous or other alcholic beverages are obtainable within. Shoe Repair Shops Shoe Stores slot Car Tracks Sporting iGoods toles Stock Exchange and Brokerage Offices Surgical and 'Orthopedic Appliances Tail'or'` Shops Telegraph Stations Telephone Exchanges Theaters and Motion Picture 'Houses (not including drive -in theaters) Ticket Offices Tobacco Stores Tropical Fish Sales Travel Agencies Wall Paper Stores Watch Sales and Repair Wearing Apparel or Costuming Stores Wig Making, Custom only 4 N ORDINANCE NO. (continued) SECTION 20 -22, COMMERCIAL; C -2 3.- No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed,-.reconstructed,,-moved or structurally altered or maintained fr any purpose in a C -2 zone district which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses, and all other uses 'ate h u hereby Unless specifically stated to the listed shall be for sale of new merchandise within buildings of masonry construction end all stock and equipment shall be stored within the building. Every use permitted in the previous RU, EUa'nd C -1 zones upon the same conditions stated in the zone first permitting said use. Air Conditioning Repair Automobile Agencies for New Cars, incliiding­ 'sale of used cars taken on tirade " "therewith, provided the area used is' enclosed`by''a bu ldiilg'or a wall not less than six feet nor more than eight `feet in w. height,, said wall to be,painte`d grid permanently maintained 'in an attractive'condition'. Autcir6&6ile Storage, sale, or cars for hire (no repair - perm`itted "65h premises) Automobile Ti`re`s � " ° ` recapp " (no ing'`permitted= installation wit building only) Automobile Washing "(steam cleaning not permitted) i i Bait and Tackle Shops Bars and Saloons Bicsto" "age or display sales, and repair (no outside Y ) Billiard Rooms and Pool Rooms Boat Sales and Storage, provided'the a "rea'u`sed is enclosed by a buildiTfcj 6r `a wall "not less `than six feet nor more 'than eight feet in height, said wall to be painted' and''permaneritly maintained in an attractive condition ! Bowling Alleys, whieh'shall be located entirely within a soundproof building -at least 100 feet from the nearest residential zone Catering `Serv'ices Coin Laundries Convention Halls DAiiy`Stores, including drive -in windows Driving "Schools Dry Cleaning Plants using nori- inflammable solvents—in self- contained dry cleaning units of the Prosperity or Dietrick type, or equal 5 ( ORDINANCE NO. (continued) Electrical Repair Shops (domestic appliances only) Employment Agencies, provided they are located not less than 100 feet from adjacent properties of R classification" Express Companies Food Storage Lockers Lawn Maintenance and Spraying Operations, storage of equipment to be within a' building or within a yard enclosed by a masonry wall not less than six feet nor more than eight feet in height, said wall to be painted and maintained in an attractive condition Lawnmower__ rental, sales and service (no outside storage or display)_ Liquor Package Stores, including drive -in window Material Storage Yards in connection with retail sales of products where storage is incidental to use in an existin buildin 9 =''on the 9 premises, provided all products, materials and vehicles used are stored in per, such yard a`re enclosed by a masonry wall° riot less than six Ieet'nor more than eight feet in height, said wall to be painted and maintained in an attractive conld-jao Motor Fuel and `Oil Filling Stati''ons. Minor auto repairs may be performed I cidental 'to the °sale of fuel and (1) and the of sL ark11M g g p p ugs `and batteries (3) Re lacemair and servicing, but no recapping (2) Tire repair d= pipes, ent of snufflers and tail pipes, water hose, fan belts, brake fluid, light` bulbs, floor mats, seatcovers, windshield wipers and replacement of grease retainers and wheel bearings (4) Radiator cleaning and flushing (5) washing and polishing (6) Gre yasin . g� and 1'ubrication (7) Exchanging fuel pumps and installing 'fuel fines (8) Mi "nor servicing or replacement of carbureators (9) Emergency wiring repairs (10) Adjusting brakes and installing exchange brake shoes (11) Tuning engines, with thie exception of 'grinding 'id iCk valves cleaning carbon or removing the head of engines and/or crankcases (12) Rental of sin `le -axle lu +g" g a' e trailers g g g (or U -Haul type) from open lots; 'total of five trailers permitted on the premises, one of which may be exhibited for display purposes, balance of which may be stored on premises, provided 0 L ORDINANCE NO. (continued) they are suitably screened on all sides by a CBS wall, a landscape screen or other method to be approved by the director. This use shall be subject to the approval of a plot use plan to be submitted to the iffiiictor. The use shall be approved only if the same does not interfere with traffic conditions, entrance and exit driveways to the service station. This regulation shall not be interpreted to mean that more than five trailers cannot be kept within an enclosed building Photostatic and Blueprinting Services Printing Shops Studios for Artists and ScXdptors Thrift Sho-ps, Chail"table 0-6-l"r, Trade and Business Schools, excluding" _s'c'h'o­6'l'8 for main- tenance or repa1r-of internal combustion engines Tropical Fish, wholesale SECTION-20-22- COMMERCIAL C-3 4. No land, body of 'waiter or structure -i4haill- be used or permief6d'to be 'used, and no structure shall be hereSftbr erected, d, reconstructed, moved or structurally aff'6rib'd or -cons Mete reconstru maintained for an y''purpose in a C-3 zone district which is c desi'g'ned, arranged, or iKt led 'ed'be used or 6cc4ied &r any purpose, except 'for 'one or more of the 'f 0_1:lbwin4 -uses. and all other uses are hereby 'pr6hib ' it6d. Uhle'ss specifically stated to the contrary, all uses "listed sha . 11 be for sale of new merchandise from within 'build inq 6f-mA , sonry 'construction an I d all stock and equipment shall be st6red'within the building: Every use permitted in the previous RU, EU, C-1 And C-2 zones upan the same conditions stated in the zone first I permitting said use. A n imia"d '' 9 -6 a:U t y ' Parlors and Boardi_6cj'!WfinelS Anima -H `1 ospitafs and Veterinary ices Armories �A Aufom'6_b1"ies, open lot sales and rd-ftals of cars, boats, trailers and -trucks up to one and one-half tons, subject to the following conditions: plan (a) Th:J't a plot use plan be submitted to and meet with the approval of the i8nih` Director, I who shall require the same to appl`cablb zo" comply with all niftL�JrIdWi`ati_ons; said plan to include' among other things Ings, but "not be Almiited thereto, location of buiidilnlg or buildiWqs type and location of signs, parki�i4 areas, exits and entrances, drainage, walls, fences, landscaping, display area 7 ORDINANCE NO. (continued) (b) That the type and location of lights and signs meet with the approval of the director, so that the installation of the same shall not be detri- mental to adjacent areas, and shall not become a traffic hazard. No stringer lights, pe,;nai,t., mehile or stable visual devices except as per- mitted under point of sale sign regulations shall be used or displayed. (c) All vehicles located on-the lot must be in _usable operating - and - saleable condition and no wrecked vehicles shall be placed thereon. (d) A landscaped buffer of at least 7 feet shall be provided from all right-of-way lines. - (e) That the use be established and maintained in accordance with the approved plan. (f) The occupational license may be revoked, modified or changed for failure to comply with4applicable .conditions after notice. Automobile Painting - installations must have Dade County Fire Code approval Automobile Parts, 'used, from within a building only: Automobile Repair - storage of vehicles to be with n'`a building or enclosed.by a wall not less than 6 feet and not more than 8, 'feet in7bAgfit, said wall to '-be painted and permanently maintained in an attractive condition Automobile Top and "b`6'dy'Work - storage of vehicles to be within'a building`or enclosed by a wall not less than 6 feet and no more than 8 "feet in hei'glKh said wall to be painted and''permanently maintained in an a ttractive'condition Awning, Seat Covers and Cartops Bakeries Book Binding Cabinet Makin'g', ' where not located nearer than 200 feet to an "R° zone Cigar and'Cigarette`Manufacturing Cloth' Awning Alffl ' facture Cold Storage Warehouses and Free Cooling Plants Confectionery Manufacture O .,d Contractor Plants and'Stora`ge Yards, provide., d the area used for either is enclosed by a build "- or a wall �:., not less than 6'feet nor more than 8 feet in height, said wall to be painted and permanently maintained in an attractive condition 8 ORDINANCE NO. (continued)• Dance Halls,- within a sound -proof building Driftwood Manufacture Dry Cleaning and Dyeing Establishments Feed "and- -Grain Stores Glass Installation Green Houses Heavy Machinery Sales and Rental Insect and Rodent Exterminating Agencies Laundries Leather Goods Manufacture , -no tanning permitted Lumber Yards Night Clubs Optical Goods Manufacture Outboard Motor Repair Passenger Stations Pawn Shops Poultry Markets, no outside storage or dis'pl'ay Publishing Companies Cleaning', flW61Aii, Broad repair Radio casting Stations, towers, power plants and other incidental and usual `uses pertaining thereto Roof "Spray Painting Equipment - to be stored within` the building Sea Food Stores, provided no such store is located within 200 feet °of` Residential zoned Ji, � : a ti Second''Hand Stores and Trading Posts - no outside dis- play or storage permitted Sharpening and Grinding Shops, where located not -nearer than 20`0 feet "to Residential zones Shooting'Galler es from with "n air conditioned, sound =proof building" Sign Painting' and Car Lettering, provided the area used is en'losed'by a building or wall not less than 6 feet nor more than 8 feet in height, said wall to be painted and maintained in an attractive condition Tire Vulcanizing, retreading aid sale of used tires Transfer and Moving Companies, including Warehouse storage in conjunction 'therewith Transmission and Muffler Shops 9 ORDINANCE NO. (continued) Trucks Storage, provided the area used is enclosed by a building or wall not less than 6 feet nor more than 8 feet in height, said wall to be painted and maintained _ in an attractive condition Upholstery Shops Warehouses (must meet business parking requirements) Wholesale business, sales rooms and storage, The following uses-may be permitted after an ddvertUsed public hearing for the purpose of determi- n4 the suitability of the use on the site requiksted. A determination shadl'be made- ass to the effect bf the use on the - public -health',- welfare and safety and such conditions as may appear ppear desira]Ae.to alleviate any detrimental , effect of the use may be imposed upon those uses approved: Auction Houses Billboards Bath and.Massa-ge Parlors carnivals and 6' es Commercial Breeding of Animals and Birds Convalescent Homes Crematories Drive-in and Walk= Vp Restaurants Foftu-Ife'Te'Ifing, Astrology and Palmistry Fruit Stands Funeral-Homes, Mortuaries and :Maus o l6umt Health and Athletic Clubs Nursing Homes of any ki nd Poultry and Fish Hatcheries Sanitotiums Trailer Parks It is the intent that this ordinance and every provision thereof shall be considered separable, and the invalidity of any section, clause, provision or portion or part of any section, 10 ORDINANCE NO. 563 (continued) clause, or provision of this ordinance shall not affect the validity of any other portion of this ordinance. This ordinance shall become effective upon -its adoption in the manner prescribed by law. PASSED AND ADOPTED this 16th day of May,-A.D. 1967. APPROVED: Mayor ATTEST: City Clerk 11