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Add-on d)1 ORDINANCE NO. _____ _ 2 3 An Ordinance of the City of South Miami amending the land 4 development code Section 20-3.3(D), Permitted Use Schedule and 5 Section 20-7.12(B), Permitted Uses; to permit certain additional uses 6 within RS-5 and SR zoning districts, and to correct a scriveners error 7 related to school parking and special use conditions. 8 9 WHEREAS, a City Commissioner expressed an interest to amend the permitted use 10 schedule within the Specialty Retail zoning district to permit by right, Physical Therapists; and 11 12 WHEREAS, the permitted use schedule currently allows similar professional services 13 within the Specialty Retail zoning district and the addition of this use will enhance those 14 services; and 15 16 WHEREAS, the Planning Department, in reviewing the request to amend the permitted 17 use schedule also recommends the following changes: and 18 19 WHEREAS, Allowing "Home Occupation" as a permitted use m the RS-5 zonmg 20 district, to be consistent with the other residential zoning districts; and 21 22 WHEREAS, Correcting a scriveners error under Educational Uses "schools, elementary 23 or secondary", moving the special use condition and off street parking requirements to the 24 correct columns; and 25 26 WHEREAS, these proposed changes will need to be reviewed by the Planning Board at 27 their upcoming public hearing and their recommendations included in the record prior to final 28 adoption by the City Commission. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 32 33 Section 1. Section 20-3.3(D), and Section 20-7.12 of the City of South Miami Land 34 Development Code are hereby amended to read as follows: 35 36 SECTION 20-3.3(D) 37 PERMITTED USE SCHEDULE P = PERMITIED BY RIGHT S = PERMITIED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4 PARK = PARKING REQUIREMENTS (See Section 20-4.4{B)) X = No conditions were adopted USE TYPE ZONING DISTRICT R R R R R R R L R R L M N S GM T T T T T H P R P C P S S S S S T T R M 00 0 R R R U 0 0 00 0 I R 0 A 1 2 3 4 5 6 9 M 2 A D D D D D N R 1 4 H D D D D D D K 8 M M L P P U U I I R 4 5 4 PLANNED UNIT DEVELOPMENT S S S S S S S S S S S S S S S S S 8 RESIDENTIAL USES Boardinghouse P P P P P P P Dwelling, Single-Family P P P P P P P P P S 17 1 Dwelling, Tourist P P P P P P 3 Dwelling, Townhouse P P P P S P P P P P 17 2 Dwelling, Two-Family P P P S P 17 1 Dwelling, Multi-Family P P S P P P P P 17 3 Community Residential Home, 7 or more P P P P P P 1 Group Home I Licensed (6 or less) S S S S S S S S S S S S S 15 1 Group Home II Unlicensed (6 or less) S S S S S S S S S S S S S 15 1 Home Occupation P P P P fP P P P P P P P P P 1 1 2 * * * * 3 EDUCATIONAL USES School, Elementary or Secondary S S S S S S S ~ -R 12 23 School (ancillary to principle use), Church P 12 School, Private or Charter S S S S S S 23 12 School, Vocational S S S S S S 23 12 RELIGIOUS USES Church, Temple, Synagogue or Mosque S S S S S S P 1 6 4 USE TYPE ZONING DISTRICT R L M N S G M T T T T T H P P C P 00 0 R R R U 0 0 00 0 I RO A A D D D D D N R H D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services P P P S 18 7 2 Accounting and Auditing Services P P P P P P P P 10 Acupuncturist P P P P P P P P 9 Advanced Registered Nurse Practitioner P P P P P P 9 Advertising Agency P P P P P P P P 10 Animal Hospital or Veterinarian S S S S P 21 12 Architectural Services P P P P P P P P 10 Automobile Parking Structure P P P Automobile Rental Agency S S 22 11 ** Automobile Repair and Body Shop S 11 Automobile Upholstery and Top Shop S 11 Automobile Washing/Detailing Operations S 10 11 Bank or Savings Institutions, Mortgage Banking/Mortgage P P P P P P P 11 Brokerage Beauty or Barber Shop (includes nail/skin care as accessory or as S S P P P P P P P 16 11 separate establishment Bed and Breakfast P P P P P 4 Billiard Parlor S 11 Bowling Alley or Skating Rink S 11 16 Bowling Alley/Restaurant/Entertainment Center S S 16 Building Contractors Office P P P P P P P 10 Carpet Cleaning Service S 11 Catering Services 11 Chiropractic Office or Clinic P P P P P P P P P S 149 Counseling Services P P P P P P P P P P 10 Contractor Plant and Storage S 14 Computer Supplies and Services P P P P P P P P 11 Credit Reporting Services P P P P P P P 10 Dentist Office P P P P P P P P P P 9 Dry Cleaning Substation (no processing) S S P P P P P P P 16 11 Dry Cleaning Plant S S S S S S 7 11 Employment Agency P P P P P P P 10 Engineering Services P P P P P P P P 10 Film Processing Substation S S P P P P P P 16 11 Funeral Home S S 3 11 Hotel or Motel P P P P P P P 4 Insurance Agency P P P P P P P P P 10 Interior Decorator, Showroom and Salesroom P P P P P P P 10 Interior Decorator, Office only P P P P P P P 10 I nvestigative Services P P P P P P P P 10 3 Investment and Tax Counseling P P P P P P P P 10 Laboratory, Medical or Dental P P P P P P P P P 9 Laundromat P P P P P P 11 Law Office P P P P P P P P 10 Lawn Maintenance Services S 11 Loan or Finance Agency P P P P P P P 10 Mail and Parcel Center P P P P P P P P P 10 Market Research Services P P P P P P P P 10 Massage Therapist P P P P P P P P P P 9 Medical Office P P P P P P P P P 9 Messenger or Courier Services P P P P P P P 11 Mobile Automobile Wash/Wax Service S S S S S S S S S S S S 20 N/A Notary Public P P P P P P P P P 10 Office, Business or Professional P P P P P* P P P P 10 * 50% of ground floor square footage must be retail uses. Opticians or Optical Goods, Showroom P P P P P P P P P 9 Opticians or Optical Goods, Office only P P P P P P P P P 9 Pest Control Services S 11 Personal Skills Instruction Studio P P P P P P P P P 10 Photographic Studio S S P P P P P 16 11 Physical Fitness Facility S S P P P P P 16 11 Physical Therapist P P P P ~ P P P 9 Picture Framing Store P P P P P 11 Planning and Zoning Consultant P P P P P P P P 10 Psychologist P P P P P P 9 Public Relations Services P P P P P P P P 10 1 2 * * * * 3 Section 20-7.12 Permitted uses. 4 The uses below are applicable to both new and existing buildings in the Hometown District: 5 * * * * USE TYPE: Unadjusted Parking Requirements: 1 parking space required per: B. Office Uses Accounting & Auditing Services 250 SF Acupuncturist 200 SF Advertising Agency 250 SF Architectural Services 250 SF 4 Building Contractors Office 250 SF Chiropractic Office or Clinic 200 SF Counseling Services 250 SF Credit Reporting Services 250 SF Dentist Office 200 SF Dry Cleaning Plant* 300 SF Employment Agency 250 SF Engineering Services 250 SF Governmental Administration 250 SF Insurance Agency 250 SF Interior Designer, Office only 250 SF Investigative Services 250 SF Investment & Tax Counseling 250 SF Laboratory: Medical or Dental 200 SF Law Office 250 SF Loan or Finance Agency 250 SF Market Research Services 250 SF Massage Therapist 200 SF Medical Office 200 SF Notary Public 250 SF Office, Business or Professional 250 SF Opticians or Optical Goods, Office only 200 SF Personal Skills Instruction Studio 250 SF Ph~sical Thera~ist 200 SF Planning & Zoning Consultant 250 SF Public Relations Services 250 SF Radio & TV Broadcasting Station 400 SF Real Estate Agency 250 SF Reproduction and Stenographic Services 300 SF Social Services Agency 250 SF Stock Brokerage Services 250 SF Telephone Answering Services 300 SF Tutorial Services 300 SF Travel Agency 250 SF (SF refers to gross square feet) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. PASSED AND ENACTED this ___ day of _________ , 2013. ATTEST: CITY CLERK 1st Reading 2nd Reading APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY ATTORNEY 6