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ORDINANCE 856ORDINANCE NO. 6 -75 -856 AN ORDINANCE OF THE CITY OF SOUTH MIAPIT, FLORIDA, A11ENDING SECTIONS 11, 12, 13, 14, AND 15 OF ARTICLE V OF SECTION 1 OP ORDINANCE CVO. 20 -71• -724, HERETOFORE ADOPTED AS THE OFFICIAL ZONING, ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA, BY CHANGING THE PURPOSES, USES PERMITTED, SPECIAL USES PERMITTED, ACCESSORY USES PERMITTED, AND DISTRICT REGULATIONS WI'T'H REGARD TO CERTAIN DESCRIBED DISTRICTS, AND REPEALING ALL ORDINANCES OR PARTS OF ,ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the Zoning Task Force has suggested certain changes in the City's Zoning Code, and WHEREAS, the City Council of the City of South Miami has referred the changes to the Planning Advisory Board of the said City for their recommendations, and WHEREAS, the said Planning Advisory Board has duly considered the suggested changes' and has made certain amendments thereto and has given their recommendations thereon. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY or SOUTH MIAMI, FLORIDA: Section 1. That Section 11 of Article V of Section 1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official Zoning Ordinance of the City of South A+iami, Florida, be, and the same is hereby amended to read as follows "5 -11 "CO" COMMERCIAI OFFICE DISTRICT 5 -11 -1 Purpose The purpose of this district is to permit uses which will accommodate professional and business office space needs in a relatively intensive centrally located manner. 5 -11 -2 uses ?permitted All uses permitted in the "RO" District: Sank groadcaatinq studio, Clinic or laboratory: medical, dental or optical convalescent home Vnploymont o -fico or agency flogpit.a l Loan association or agency Vfiee# business or proretsi:ohal Stoek brokerade mffiev Travel ajeney -I- 5 -11 -3 Special Uses Permitted .01 Fraternal organization or private club; provided that it is on a site of no less than one (1) acre, that no structure is less than fifty (50) feet from an adjacent more restrictive residenti.a.1 district, that there be adequate ingress and egress which will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood.. 02 Funeral home;, provided that it is located on a site of not less than 20,000 square feet, that it has at least twenty -five (25) off-street parking spaces on the premises, that no parking shall be located between, the front of the main structure and the street or the side of the main structure and the street of a corner lot, that all ambulances and equipment shall be housed in completely enclosed structure when not in actual use, that the main structure shall be at least forty (40) feet from any side lot line, that there shall be adequate ingress and egress which' will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood. .03 Eating establishment, including a restaurant, cafeteria or coffee shop ; provided that there be adequate ingress and egress which will not create adverse traffic conditions, that a public hearing be :held by the Council to determine the overall compatibility of the proposed use with the neighborhood, and that it have only inside or patio service. Those operations of a walk -up,, drive -in, quick service, or fast -food nature, which serve food in disposable or plastic containers are not permitted. .04' Church', temple, synagogue, or similar house of worship; provided that it is on a site of not less than two (2) acres, that no structure is less than one hundred (100) feet from an adjacent more restrictive residential district, that there be adequate ingress and egress which will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood. 5 -11 -4 Accessory Uses Permitted. .01 An office building may include certain accessory uses such as a coffee shop, newstand, barber shop, beauty shop, private club or lounge; provided that the building contains a gross floor area of at least Fifteen thousand (15,000) square foot, that all accessory uses shall be incidental to the office use of the buildings, that all accessory uses are oriented Primarily to the employees within, that no external features shall be Permitted to advertise accessory uses, and that not more than tztenty (20) percent of the gross floor area of the buildinn shall be devoted to aecossory uses, .02 An office builcling OF oL IL-ast three, (3) or riore stories in height may �ii,�`:,dn, resideni-ial accommodations on the Lo- �Joor. 5-11-5 District Regulations .01 minimum lot size shall be as follows: Area - 10,000 square feet Frontage - 100 feet Minimum yard setbacks shall be as follows: Front - 20 feet Rear - *15 --=eet Side - 15 feet each Side (corner) - 20 feet Side (adjacent to residential district) - 25 feet .02 No building shall exceed six (6) stories or sixty- five feet in height, whichever is less, except for floors used for o'-f-street parking and service area purposes, in which case said floors may be excluded from the height limmitation. In no instance, shall any structure exceed eight (8) stories or eighty-five feet in height, whichever is less. .03 Pervious space shall be provided on the total site area equal to not less than the following formula. Said space shall be unencumbered by structures or off-street parking areas, and shall be landscaped and well maintained with grass, trees and shrubbery. Height of Pervious Area Building-, (Percent) I story 20 2 stories 22 3 stories 24 4 stories 26 5 stories 28 6 or more stories 30 .04 All proposed developments shall be accompanied by an overall site plan, as defined in Article XI, reflecting all significant aspects of the development. Properties adjacent to the proposed development shall be taken into consideration and a reasonable portion of these areas shall also be reflected an the site plan. .05 Pervious space shall be provided equal to at loast twenty (20) percent of the total site area; said space shall be unencumbered by structures or off-street parking areas, and shall be landscaped and well maintained with qrass, trees and shrubbery. .06 No vehicular access shall be permitted on sides adjacent to or abuttihcr any sincfle family, duplex or townhouse residentially zoned property." Section 2. That Section 12 Of Article V 0! Section I of ordinance No. 20-71-724# hereto'ore adopted as the Official Zoniny Ordinaftre O� t1id Cittt 0C S(Jtft'h Ojafflil, -lorida, be, and the tame it her"hV Mended lsy re,,#4 -in 1 Tht, prJp­­rg p-av".p&W, o­ t%jg djgtrie,_ is tt.v nermit Utneg vslhieh fitle-4f" Syr, reNvt6vit tjt nz �Z-hhnrhonA"q in a Cott!"Atibl", "Ifindr. 5 -12 -2 Uses Permitted All uses permitted in the "R0'° District Beauty or barber shop Drug, pharmacy or sundry store Employment agency Film processing substation riorist Food store (convenience type only) Gift shop Laurzcrrsm j'_y c-leaning substation Newstand. Shoe repair shop Tobacco shop Travel agency 5 -12 -3 Special Uses Permitted .01 Service station; provided that the following provisions are adhered toe a. All structures shall be designed in a manner that is compatible with the overall environmental and architectural design goals of the community. b. All new and used merchandise shall be stored and displayed within the main structure except tires, accessories and lubrication items which are maintained in movable or enclosable cabinets. c. No used or discarded automotive parts or equipment or permanently disabled or wrecked vehicles shall be located outside the main . structure except within an enclosed storage area. d. Major engine and transmission repair, painting body and fender work and tire recapping shall not be permitted. e. The rental of heavy equipment and the sale or rental of merchandise not related to the motoring public, other than as specified herein, is excluded. f. The storage of up to five (5) single axle luggage trailers of the "U -Haul" type shall be permitted, provided that said trailers shall be backed up against a six (G) foot high wall, and located not less than twenty 00) feet from any sidewalk or public right- of -way. g. Trash shall be stored in area shielded from public view. Storage trash containers shall be enclosed and covered. h. Any lights, provided to illuminate or advertise the service station; shall be installed and maintained in a manner to as to not create an undue glare can adjacent properties, xi structures shall hot occupy more than thirty (30) percent of the total lent area, j. Driveways shall be located at least five (5) feet beyond the end of any curb returns (end of curb radius plus five (5) feet). k. Planter areas and tree wells shall be constructed and equipped with irrigation facilities and landscaped prior to final building inspection. Plot less than ten (10) percent of the service station site shall remain pervious and be landscaped. A landscaping plan shall be submitted to and approved by the Environmental Review Board. 1. Whenever the use abuts a residential district, there shall be erected along the property line a wall five (5) feet in height. m. Adequate ingress and egress shall be provided which will not create adverse traffic conditions. n. A public hearing shall be held by the Council to determine the overall compatibility of the use with the neighborhood. .02 Dairy products store, including walk -up and drive -in facilities; provided that there be adequate ingress and egress which will not create adverse traffic conditions, and that a public hearing be held by the Council to determine the oversall compatibility of the use with the neighborhood. .03 Eating establishment, including a restaurant, cafeterial or coffee shop; provided that there be adequate inqress and egress which will not create adverse traffic conditions, that a public hearing be held by the Council to determine the overall compatibility of the proposed use with the neighborhood, land that it have only inside or patio service. Those operations of a walk -up, drive -in, quick service, or fast -food nature,, which serve food in disposable or plastic containers are not permitted. .04 Used clothing store; provided that a public hearing is held by the Council to determine the overall compatibility of the use with the neighborhood. 5 -12 - -4 District Regulations .01 Minimum lot size shall be as follows: Area - 7,500 square feet Frontage - 75 .feet .02 No building shall exceed two (2) stories or twenty- five {25) feet in height, whichever is less. .03 Minimum yard setbacks shall be as follows: Front - 25 feet Rear -- 20 feet Side (interior) - none Side (corner or adjacent residential district) -20 feet .04 All proposed development shall be accompanied by an overall site flan, as defined in Article X1, reflecting all significant aspects of the development. Properties adjacent to the proposed development shall be taken into consideration and a reasonable portion of these areas shall alao be reflected on the site plans -I)- .05 Pervious open space shall be provided equal to at least fifteen (15) percent of the total site area, said space shall be unencumbered by structures or off-street parking areas, and shall be landscaped and well maintained with grass, trees and shrubbery,." Section 3. That Section 13 of Article V of Section 1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official Zoning Ordinance of the City of South Miami, Florida, be, and the same is hereby amended to read as 'follows: "5 -13 "C -2" DOWNTOWN COMMERCIAL DISTRICT 5 -13 -1 Purpose The purpose of this district is to delineate a compact and centrally located area where commercial uses of a retail :and service nature may be developed' in an intensive pedestrian - oriented manner:. 5 -13 -2 Uses Permitted All uses permitted in the "CO" and "C -1" Districts Antique or curio shop Automobile parking lot or garage Bakery Bar or lounge Book or stationery store Bus or taxi terminal. Business machine 'sales and service Carpeting or flooring sales Ceramic and glassware store Clothing store (new only) Cosmetics store Department or dry goods store Fabric or drapery shop Food store Fraternal organization or private club Furniture Gift or card. shop Gift redemption center Hardware store Health studio, reducing slaon or massage parlor Hobby shop Hotel or motel Household appliance store Interior Decorator Jewelry store Leather goods store Lighting fixtures Liquor store .Luggage shop Messenger service Music, record or tape store Office supplies Paint or Wallpaper sales Photo shop Picture framing Pet sales or grooming School 5ewinq center of seamstress Shoe repair Shod store sporting gaodg Tailor Tdlcvidich sales afid service Theater or cine a Variety §tore Wdtcf6 sales ohd sdrVlee �v 5 -13 -3 Special Uses Permitted .0,1 Eating establishment, such as a restaurant, cafeteria, delicatessen, confectionery or ice cream parlor; provided that the use has only inside or patio service and no walk -up or drive in service. .02 Dry cleaning plant; provided that it is located on an arterial and is no closes than one hundred (100) feet to any residential, district. .03 Residential accomodations; provided that they are only on the top floor of structures of two (2`) or more stories in height .04 Dressed poultry, meat or sea food store. 5 -13 -4 District Regulations .01 Minimum lot size shall be as follows -: Area - 5,000 square feet Frontage 50 feet .02 Minimum yard setbacks shall be as follows: Front - Ground floor only 10 feet Rear 15 feet Side None Side- corner,ground floor only '10 feet (all other floors no setback) .03 No building shall exceed six (6) storeis or sixty- five (65) feet in height, whichever is less, except . where floors are used for off - street parking and service area purposes, in which case said floors may be excluded from the height Limitation. In on instance. shall, any structure exceed eight stories or eighty -five (85) feet in height, whichever is less. .04 All proposed developments shall be accompanied by an overall site plan, as defined in Article XI, reflecting all significant aspects of the development.. Properties adjacent to the proposed development shall be taken into consideration and a reasonable portion of these areas shall also be reflected on the site plan." Section 4. That Section 14 of Article V of Section 1 of Ordinance. No. 20 -71 -724, heretofore adopted as the Official Zoning Ordinance of the City of South Miami, Florida, be, and the same is hereby amended to read as follows: "5 -14 "C -3" ARTERIAL COMMERCIAL DISTRICT 5 -14 -1 EAL ose The purpose of this district is to provide for a variety of retail and service commercial, uses that generally orient to a wide consumer area and are. easily accessible by automobile. These uses should be located along major traffic arterials and reflect a general Mixture of retail, and service facilities. "ar 0 5 -14 -2 Uses Permitted All uses permitted in the "C -2 District Air - Conditioning sales and service Animal hospital or veterinarian Automobile accessories and parts Automobile rental agency Bait and tackle shop Bicylce sales and service Billiard parlor Caterer Confectionery or ice cream parlor Food store Fraternal organization or private club. Glass and mirror sales and service Lawn and garden, supplies and equipment Lawnmouer sales and service Mimeograph and letter service. Monument sales Pawn shop Plant nursery or greenhouse Plumbing shop Restaurant or cafeteria Taxidermist Wholesale operations related to any of the above uses. 5 -14 -3 Special uses Permitted .01 Automobile dealership, including open lot sales, provided ghat: a. All lighting and signs shall not be detrimental to adjacent uses and shall not create a traffic hazard. b. All vehicles located on the lot must be in usable operating saleable condition and no wrecked vehicles shall be placed thereon. C. A properly maintained pervious landscaped buffer of at least seven (7), feet in width shall be provided adjacent to all public rights -of- way. d. All servicing, painting and repairing of vehicles shall be conducted in a completely enclosed soundproof structure. e. A decorative wall of masonry, reinforced concrete, precast concrete, or otherlike material that will be compatible with the main structure, five (S) feet in height shall be erected along all interior property Lines including the rear property line provided however, said wall shall be set in ten (10) feet from the official right -of -way of the secondary road and said ten (10) feet shall be landscaped; provides) further, in the event that the interior side property line abuts the same or more liberal zoning district, the requirement for the wall along said common interior property line shall not apply. No wall ten (10) feet from the front property line shall exceed four (4) feet in height. _P'S .02 Automobile washing operation., automatic or otherwise; provided that it be conducted in an enclosed structure and have adequate vehicle storage lanes for each washing stall. .03 Boat sales and service; provided that a wall be constructed not less than six (6) feet nor more than eight (8) feet in height along the rear and /or sides when abutting residential districts;. .04 Bowling alley; provided that it be located within a soundproof structure and at least one hundred (100) feet from any residential district. .0`5 Dry cleaning plant; provided that it use only non- flammable solvents in self - contained dry cleaning units of the Prosperity or Dietrich type, or equal. .06 Funeral ;home; provided that it be located on a site of no less than 20,000 square feet, that it has at least twenty -five (25) off- street parking spaces on the premises which shall not be located between the front of the main structure and the street or the side of the main structure and the street of a corner lot, that all ambulances and equipment shall be housed in a completely enclosed structure when not in actual use, and that the-main structure shall not be nearer than forty (40) .feet to any side lot line. .07 Material storage yard provided that it is in connection with a permitted -us ;e where storage is incidental to the approved occupancy, all products and materials stored are in a completely enclosed structure or enclosed by a masonry mall, that a fence or hedge of not less than six (6) feet nor more than eight (8) feet in height encloses the use and is permanently maintained in an attractive condition, that storage of all materials and equipment shall not exceed the height of said wall, and that there be no storage of heavy equipment, such as road - building or excavating equipment.. .08 Service station; provided that: a. All structures shall be designed in a manner that is compatible with the overall environmental and architectural design goals of the community. b. All new and used merchandise shall be stored and displayed. within the main structure except tires, accessories and lubrication items which are maintained in movable or enclosable cabinets. C, No used or discarded automotive parts or equipment or permanently disabled or wrecked vehicles shall be located outside the main structure except within an enclosed trash storage area, d. Major engine and transmission repair, painting, burly and fonder work, and tiro rocappina shall not be permitted. e. The rental of heavy equipment and the sale or rental of merchandise not related to the motoring Public, other than as specified herein, Is ekeluded. -14- f. Storage of up to five (5) single axle luggage trailers of the "U- Haul" type shall be permitted, provided that said trailers shall be backed up against a six (6) foot high wall, and located not less than twenty (20) feet from an sidewalk or public right -of" -way. g. Trash shall be stored in areas shielded from public view. Storage trash containers shall be enclosed and covered. h. Any lights, provided to illuminate or advertise the service station, shall be installed and maintained in a manner so as not to create an undue glare on adjacent properties. i -. Structures shall not occupy more than thirty (30 -) percent of the total lot area. j. Driveways shall be located at least five (5) feet beyond the end of any curb returns (end of curb radius plus 5 feet). k. Planter areas and tree wells shall be constructed and equipped with irrigation facilities and landscaped prior to final building inspection. Not less than ten (10) percent of the service station site shall .remain pervious and be landscaped. A landscaping plan shall be submitted to and approved by the Environmental Review Board. 1,. Whenever the use abuts a residential district, there shall be erected along the property line a wall five (5) feet in height. 5-14 - -4 District Regulations .01 Minimum lot size shall be as follows: Area - 10,000 square feet Frontage - 100 feet .02 Minimum yard setbacks shall be as 'follows: Front 20 feet Rear - 20 feet Side None. Side (adjacent to residential district) - 20 feet .03 No building shall exceed three (3) stories or thirty - five (35 ") feet in height, whichever is less. .04 All proposed developments shall be accompanied by an overall site plan, as defined in Article XI, reflecting all significant aspects of the development. Properties adjacent to the proposed development shall be taken into consideration and a reasonable portion of these areas shall also be reflected on the site plan. .05 pervious open space shall be provided equal to at least ten (10) percent of the total, site area; said space shall be unencumbered by structures or off street parking areas, and shall be landscaped and well maintained with grass, trees and shrubbery." 10- Section 5. That Section 15 of Article V of Section 1 of Ordinance No. 20 -71 -724, heretofore adopted as the Official Zoning Ordinance of the City of South Miami, Florida, be, and the same is hereby amended to read as follows: "5 -15 "1" INTENSIVE USE DISTRICT 5 -15 -1 Purpose The purpose of this district is to delineate properly located and easily accessible area for'those uses of a light manufacturing and warehousing nature which are desirable and necessary for a sound economic base for the community. 5 -15 -2, Uses Permitted All uses 'permitted in the "C -3" District Automobile repair and body shop Automobile upholstery and top shop Awning manufacturing Cabinet making Carpet cleaning Contractor plant and storage Food product manufacturing and processing, excluding abattoirs and distilleries Food storage locker Ice plant Iron and metalwork shop Heavy machinery sales, rental and service Lawn maintenance and spraying operation Lumber yard Machine shop Material storage yard Mattress manufacturing and renovating Paint manufacturing Printing, publishing or bookbinding Pest control Sign painting and fabricating Stone cutting and processing Storage garage Tire vulcanizing retreading Transfer and moving company Truck storage Upholster shop Venetian blind manufacturing Warehouse Wholesale sales and storage 5-15-3 District Regulations .01 Minimum lot size shall be as follows Area - 5,000 square feet Frontage - 50 feet .02 Minimum yard setback requirements shall be as follows: Front - 20 feet Rear - 20 feet from residential district boundary except that credit shall, be given for :full, width of dedicated alleys in computing this setback. 5 feet from business or industrial district boundarytwhere any openiftys are provided in wall of proposed structur6, adjacent to rear lot line. 0 meet from business or industrial: district bwndary where no openings are proposed in mail, of proposed stricture, adjacent to rear loft line. Same setbacks shall apply for accessory structures as apply to principal structures. Side - none Side (`corner or adjacent to residential district) - 15 feet. .03 No building shall exceed two (2) .stories or thirty (30) feet in height, whichever is less. .04 All uses shall be effectively screened from adjacent residential properties by a six (6) foot masonry, k wood or precast concrete wall which shall be permanently maintained in an attractive condition. J Section 6. All ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed,. PASSED and ADOPTED this 6th, day of May ,1975. At'te;st t City Clerk Air— Passed on First reading: April 15, 1975 Pissed on second reading May 6 1975 APPROVED:' Moved by McCann Seconded by, Willis YES Olt) Mock - W, 1114 - _X =.��. clue ". X _ Unit .Abtont x z. V-