13CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Steven Alexander, City Manager
~/
South Miami
bOd
iiilr
2001
From: Christopher Brimo, AICP
Planning Director
Date: November 21,2013 ITEM No.--=-'_31<...--
An Ordinance of the City of South Miami amending the land development code Section 20-3.3(D),
Permitted Use Schedule and Section 20-7.12(B), Permitted Uses; to permit certain additional uses
within RS-5 and SR zoning districts, and to correct a scriveners error related to school parking and
special use conditions.
BACKGROUND
At the request of the Vice Mayor, the administration was asked to review the appropriateness of
amending the land development code, permitted use schedule to include "physical therapists" within the
SR -Specialty Retail zoning district. Additionally, in reviewing the permitted use schedule, the Planning
Department is also recommending an amendment to the RS-5 district to permit "home occupations" and
an amendment to the Schools uses to correct an error in the table.
Currently the land development code does not permit physical therapists as a professional use within the
SR zoning district, however it does permit similar uses such as acupuncturists, massage therapists,
chiropractic office and physical fitness facilities. Physical therapists fall within this category and are a low
impact use that is appropriate for this district. The parking requirement for this use in other districts where
it is currently permitted, is 1 space per 200 gross square feet. Both Section 20-3.3(D), Permitted Use
Schedule and Section 20-7.l2(B), Permitted Uses in Hometown Overlay will need to be amended.
Staff is also recommending that "home occupations", which are currently permitted by right in all of the
"R" districts but one, be allowed in the RS-5 zoning district. Section 20-3.6(P) of the land development
code provides specific conditions under which a home occupation can be approved and licensed.
AdditionalIy, under Educational Uses in the permitted use schedule, the special use conditions and
parking requirements for elementary and secondary schools are printed in the wrong columns. This
proposed amendment wilI correct this scriveners error.
The folIowing are the proposed amendments to the current code.
Z:\Commission ltems\20 13\12-17 -13\Permitted Use Schedule Amendments _ CM Report.doc
Permitted Use Schedlile Amendments
December 17, 2013
Page 20/6
PROPOSED AMENDMENTS
SECTION 20-3.3{D)
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(8))
X = No conditions were adopted
USE TYPE ZONING DISTRICT
R R R R R R R L R R L M N S
S S S S 5T T R M 00 0 R R
1 2 3 4 5 6 9 M 2
1 4
8
PLANNED UNIT DEVELOPMENT S S S S 5 S S S S S S S S S
RESIDENTIAL USES
Boardinghouse P P P
Dwelling, Single-Family P P P P P P P P P S
Dwelling, Tourist P P P
Dwelling, Townhouse P P P P S P
Dwelling, Two-Family P P P S
Dwelling, Multi-Family P P S P
Community Residential Home, 7 or more P P P
Group Home I Licensed (6 or less) S S S S S S S S S S
Group Home II Unlicensed (6 or less) S S S S S S S S S S
Home Occupation P P P P fP P P P P P
* * * *
EDUCATIONAL USES
School, Elementary or Secondary 5 5
School (ancillary to principle use), Church
School, Private or Charter S S
School, Vocational S S
RELIGIOUS USES
Church, Temple, Synagogue or Mosque S S S S 5
GM T T T T T H P R P C P
R U 0 0 00 0 I R 0 A
A D D D D 0 N R
H D D D D 0 0 K
M M L P P
U UI I R
4 5 4
S S S 8
P P P P
17 1
P P P 3
P P P P 17 2
P 17 1
P P P P 17 3
P P P 1
S S S 15 1
S S S 15 1
P P P P 1
S 5 5 S S R -R
23
12
P 12
5 S S S 23 12
S S S S 23 12
S P 1 6
Permitted Use Schedule Amendments
December 17,2013
Page 30/6
USE TYPE
BUSINESS AND PROFESSIONAL SERVICES
Accessory Medical Services
Accounting and Auditing Services
Acu pu nctu rist
Advanced Registered Nurse Practitioner
Advertising Agency
Animal Hospital or Veterinarian
Architectural Services
Automobile Parking Structure
Automobile Rental Agency
Automobile Repair and Body Shop
Automobile Upholstery and Top Shop
Automobile Washing/Detailing Operations
Bank or Savings Institutions, Mortgage Banking/Mortgage
Brokerage
Beauty or Barber Shop (includes nail/skin care as accessory or as
separate establishment
Bed and Breakfast
Billiard Parlor
Bowling Alley or Skating Rink
Bowling Alley/Restaurant/Entertainment Center
Building Contractors Office
Carpet Cleaning Service
Catering Services
Chiropractic Office or Clinic
Counseling Services
Contractor Plant and Storage
Computer Supplies and Services
Credit Reporting Services
Dentist Office
Dry Cleaning Substation (no processing)
Dry Cleaning Plant
ZONING DISTRICT
R L M NS G MT
00 0 R R R U 0
A D
H D
M
U
4
P
P P P P P P
P P P P P P
P P P P
P P P P P P
S S S
P P P P P P
P
S
P P P P P
S S P P P P P
P P P
S
S S
P P P P P
P P P P P P P
P P P P P P P P
P P P P P P
P P P P P
P P P P P P P
S S P P P P P
S S S S
T T T T H P P C P
0 00 0 I RO A
D D D D N R
D D D D D K
M L P P
U I I R
5 4
P P S 187
P P 10
P P 9
P P 9
P P 10
S P 21 12
P P 10
P P
S 22 11
**
S 11
S 11
S 10 11
P P 11
P P 16 11
P P 4
S 11
11 16
16
P P 10
S 11
11
P P S 14 9
P P 10
S 14
P P 11
P P 10
P P P 9
P P 16 11
S S 7 11
Permitted Use Schedule Amendments
December 17, 2013
Page 40/6
Employment Agency
Engineering Services
Film Processing Substation
Funeral Home
Hotel or Motel
Insurance Agency
Interior Decorator, Showroom and Salesroom
Interior Decorator, Office only
Investigative Services
Investment and Tax Counseling
Laboratory, Medical or Dental
Laundromat
Law Office
Lawn Maintenance Services
Loan or Finance Agency
Mail and Parcel Center
Market Research Services
Massage Therapist
Medical Office
Messenger or Courier Services
Mobile Automobile Wash/Wax Service
Notary Public
Office, Business or Professional
* 50% of ground floor square footage must be retail uses.
Opticians or Optical Goods, Showroom
Opticians or Optical Goods, Office only
Pest Control Services
Personal Skills Instruction Studio
Photographic Studio
Physical Fitness Facility
Physical Therapist
Picture Framing Store
Planning and Zoning Consultant
Psychologist
Public Relations Services
* * * *
P P
P P P
S S
S S
P P
P P P
P P
P P
P P P
P P P
P P P
P P P
P P
P P
P P P
P P P
P P P
P P
S S S
P P P
P P P
P P P
P P P
P P
S S
S S
p P P
P P P
P P P
P P P
P P P P P 10
P P P P P 10
P P P P P P 16 11
3 11
P P P P P 4
P P P P P P 10
P P P P P 10
P P P P P 10
P P P P P 10
P P P P P 10
P P P P P P 9
P P P P P P 11
P P P P P 10
S 11
P P P P P 10
P P P P P P P 10
P P P P P 10
P P P P P P P 9
P P P P P P 9
P P P P P 11
S S S S S S S S S 20 N/A
P P P P P P 10
P P* P P P P 10
P P P P P P 9
P P P P P P 9
S 11
P P P P P P P 10
P P P P P 16 11
P P P P P 16 11
P f P P P 9
P P P P P 11
P P P P P 10
P P P 9
P P P P P 10
Permitted Use Schedule Amendments
December 17,2013
Page5of6
Section 20-7.12 Permitted uses.
The uses below are applicable to both new and existing buildings in the Hometown District:
* * * *
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
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
Physical Thera~ist 200 SF
Permitted Use Schedule Amendments
December 17,2013
Page 60/6
Planning & Zoning Consultant
Public Relations Services
Radio & TV Broadcasting Station
Real Estate Agency
Reproduction and Stenographic Services
Social Services Agency
Stock Brokerage Services
Telephone Answering Services
Tutorial Services
Travel Agency
RECOMMENDATION
250 SF
250 SF
400 SF
250 SF
300 SF
250 SF
250 SF
300 SF
300 SF
250 SF
(SF refers to gross square feet)
The Planning Board at their December 10, 2013 meeting, and following a public hearing voted
unanimously (5 ayes, 0 nays) to recommend approval of the proposed amendments to the City's Land
Development Code Section 20-3.3(D), Permitted Use Schedule and Section 20-7.l2(B), Permitted Uses;
to permit certain additional uses within RS-5 and SR zoning districts, and to correct a scriveners error
related to school parking and special use conditions, and recommend approval of these amendments to the
City Commission.
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, the City Commission 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:
18
19 Allowing "Home Occupation" as a permitted use in the RS-5 zoning district, to be consistent
20 with the other residential zoning districts; and
21 Correcting a scriveners error under Educational Uses "schools, elementary or secondary",
22 moving the special use condition and off street parking requirements to the correct columns; and
23
24 WHEREAS, application PB-13-032 proposing these amendments was reviewed by the
25 Planning Board on December 10,2013, and following a public hearing, voted 5 ayes and 0 nays
26 to recommend that the City Commission approve the amendments as proposed.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
30
31 Section 1. Section 20-3.3(D), and Section 20-7.12 of the City of South Miami Land
32 Development Code are hereby amended to read as follows:
33
34 SECTION 20-3.3(D)
35 PERMITTED USE SCHEDULE
P = PERMITTED BY,RIGHT
S = PERMITTED 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
36
USE TYPE ZONING DISTRICT
R R R R R R R L R R L M NS GMT 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 34 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 ~ P 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 NS 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
Investigative 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
Acu pu nctu rist 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 250SF
Investigative Services 250SF
Investment & Tax Counseling 250 SF
Laboratory: Medical or Dental 200SF
Law Office 250SF
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
Physical 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)
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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
1 st 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