ORDINANCE 724ORDINANCE NO. 20 -71 -724
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
TO REGULATE AND RESTRICT THE ERECTION, RECONSTRUC-
TION, ALTERATION, LOCATION AND USE OF BUILDINGS,
STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY,
RESIDENCE, OR OTHER PURPOSES; TO REGULATE AND RE
STRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES
HEREAFTER ERECTED OR ALTERED, THE SIZE AND DIMENSIONS
OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING
BUILDINGS; TO REGULATE AND RESTRICT BUILDING LINES
AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, AND
THE DENSITY OF POPULATION; AND FOR SAID PURPOSES TO
DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE
AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT
THESE REGULATIONS, AND FOR EACH SUCH DISTRICT TO
IMPOSE REGULATIONS AND RESTRICTIONS DESIGNATING THE
KINDS OR CLASSES OF TRADE, INDUSTRIES, RESIDENCES, OR
OTHER PURPOSES FOR WHICH BUILDINGS OR OTHER STRUCTURES
OR PREMISES MAY BE PERMITTED TO BE ERECTED, ALTERED
OR USED, ESTABLISHING AN ENVIRONMENTAL REVIEW BOARD
AND PROVIDING REGULATIONS THEREFOR: ESTABLISHING A
PLANNING BOARD AND PROVIDING REGULATIONS THEREFOR;
TO PROVIDE A METHOD OF ADMINISTRATION AND ENFORCEMENT;
PROVIDING FOR METHOD OF REVIEW; ADOPTING OFFICIAL ZONING
MAP; PROVIDING PENALTIES FOR VIOLATIONS THEREFOR; RE-
PEALING ORDINANCES AND SECTIONS OF CODE IN CONFLICT
THEREWITH; EXPRESSING INTENT OF SEPARABILITY; AND PRO-
VIDING EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SOUTH
MIAMI, FLORIDA:
Section 1. That the attached regulations consisting of Articles I
through.XIV, being a part of this ordinance, be and is hereby adopted as
the Official Zoning Ordinance of the City of South Miami, Florida.
Section 2, if any section, sentence., clause, phrase or word of
this ordinance is for any reason held or declared to be unconstitutional,
inoperative or void, such holding or invalidity shall not affect the re-
maining portions of this ordinance; and it shall be construed to have
been the intent of the Council of the City of South Miami to pass this
ordinance without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the exclusion of
such part or parts shall be deemed and held to be valid as if such parts
had not been included therein.
Section 3. That any person, persons, firm, partnership or corporation
violating any+ of the provisions hereof shall, upon conviction, be punished
by a find not to exceed $500.00, at by Imprisonment not to exceed nix
months, or by both such find and imprison -aent in the discretion of the
Municipal Judge. Each day a violation is permitted to exist shall
constitute a separate offense.
Section 4. That upon the effective date hereof the following
sections of the Code of Ordinances; City of South Miami, Florida, and
Ordinances, shall stand repealed:
Section 3 -1 through 3 -44, Code of Ordinances.
Section 3 -61, Code of Ordinances.
Section -20 -1 through 20 -46, Section 20 -58 through 20 -63,
Section 20 -66 through 20 -68, being all of Chapter 20,
Code of Ordinances'.
Ordinance No. 5.71 -709.
Section 5. It is intended that this Ordinance be permanent in
nature but same shall not be included in the Code of 'ordinances, City
of South Miami, Florida.
Section 6. This Ordinance shall take effect 8th day of June,
1971.
PASSED AND ADOPTED this 8th day of ,June, 1971.
ATTEST:
APPROVED:
Da�City �
City C erk
W
ARTICLE I
TITLE
This Ordinance shall be known as the Official Zoning Ordinance
of the City of South Miami, Florida, 1971 revision.
ARTICLE II
PURPOSE
The purpose of this Ordinance is to preserve and promote, in
accordance with current and future needs, the health, safety,
welfare', convenience, prosperity and overall quality of living
of the Citizens of South Miami; to encourage efficiency and
economy in the orderly development of land; to provide for con-
venience and safety in movement of people and goods;; to maintain
a proper and convenient distribution of population; to provide
for adequate public utilities and facilities; to promote and pre-
serve those natural and man- made resources which contribute to
an esthetically pleasing environment; and to protect the integrity
and stability of residential development, through the establish-
ment of zoning districts and regulations which ;control the
location, size and use of land, buildings, signs and other structures
in accord with the Comprehensive Master Plan.
ARTICLE III
ZONING DISTRICTS AND DISTRICT MAP
3 -1 ZONING DISTRICTS ESTABLISHED
In order to regulate the location of residential, commercial,
industrial, public and semi- public uses; to regulate the location,
height and bulk of buildings hereafter erected or structurally
altered for such uses; to control population density and the in-
tensity of the use of lot areas; and to require adequate yards
and other open spaces surrounding such buildings, the following
zoning districts are hereby established:
3 -1 -1
Single - Family Residential Districts
.01
RS -1
Estate Single- FAmily
.02
RS -2
Semi - Estate Single- family
.03
RS -3
Low Density Single - Family
.04
RS -4
Single - Family
3 -1.2
l;uffer Residential Natriet
101
RS -1
ilupltx4lueter
102
li8-2
'Townhouse
3 -1 -3 Multiple- Family Reaidenrial Dit, rice&
.01 RM -1 Low Density Multiple- Family
.02 RM -2 Medium Density Multiple - Family
.03 RM -3 High Density Multiple- Family
3 -1 -4 Office Districts
.01 RD Residential
.02 CO Commercial
3 -1 -5 Commercial_ Districts
.01 C -1 Neighborhood
.02 C -2 Downtown
.03 C -3 Arterial
3 -1 -6 Intensive Use District
.01 1 Warehousing; and Manufacturing
3 -2 DISTRICT MAP ESTABLISHED
3 -2 -1 Identification
.01 Such land and the zoning district classification thereof shall
be shown on a,map designated as the Official Zoning Map of
the City of South. Miami, dated and certified by the City upon
adoption.
.02 This Map and all notations, dimensions, references, and symbols
shown thereon, pertaining to such districts, shall be as much
a part of these regulations as if fully described herein, and
shall be filed as part of these regulations.
.03 Said Map shall be available for public inspection in the offices
of the City Manager or his designate, and any later alterations
to this Map, adopted by amendment as provided. These regula-
tions, shall be similarly dated, filed, and made available for
public reference.
3 -2 -2 symbols
A district name or letter- number combination shown on the Official
Zoning Map indicates that the regulations pertaining to the district
designated by that name or letter - number combination extend through-
out the whole incorporated area of South Miami, bounded by the
district boundary lines within which such name or letter - number
combination is shown or indicated, except as otherwise provided
by this section.
3 -2.3 Interoretation
Wbere uncertainty exists with respect to the boundaries the various
districts an ahown on the VAp accompanying and made a part of these .
regulations, the folloving rules shall apply:
3 -2 -3.41 in cases where a boundary line is given a position within a
street, alley or easement, it shall be deemed to be the center
line of the right -of -way of the street, alley or easement and
if the actual location of such street, alley or easement varies
slightly from the location as shown on the district map, then
the actual 'location shall control.
.02 In cases where a boundary line is shown as being located a specific
distance from a street right -of -way line or other physical feature,
this distance; shall control.
.03 Where district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks
and lots, district boundaries shall be construed to be the lot
lines, and where bounded approximately by lot lines, said lot
lines shall be construed to be the boundary of such districts
unless said boundaries are otherwise indicated on the map or
by ordinance..
.04 In unsubdivided property, unless otherwise indicated, the dis-
trict boundary line on the maps accompanying and made a part
of these regulations shall be determined by the use of the
scale contained on such map..
.05 All wager areas within the zoning jurisdiction are considered
to be within a zoning district and controlled by applicable
district regulations.,
3 -3 ZONING OF ANNEXED TERRITORY
All territory hereafter becoming a part of the City of South Miami
through annexation shall continue to be subject to the Zoning Regula-
tions in force under the previous governmental jurisdiction until
such territory is reclassified by the City of South Miami. The City
Council shall, as soon as practical, undertake to establish permanent
zoning of the said territory after public hearing and report in accor-
dance with the provisions for amendment of these regulations.
ARTICLE IV
GENERAL REGULATIONS
4 -1 COMPLIANCE WITH REGULATIONS
4 -1 -1 Land or water areas shall be used only for a purpose permitted in
the district in which located.
4 -1 -2 Buildings erected, converted, enlarged, reconstructed, moved, or
structurally altered', or any building or part thereof may only be
used for uses permitted in the district in which the building is
located.
A
4 -,1 -3 Buildirgs erected, converted, enlarged, reconstructed, moved, or
structurally altered shall not exceed the height limit herein estab-
lished for the district in which the `buildings are located.
4 -1 -4 Buildings erected, converted, enlarged, reconstructed, moved, or
structurally altered shall be in conformity with the area regulations
of the district in which the buildings are located.
4 -1 -5 Buildings erected, converted, enlarged, reconstructed, moved, or
structurally altered shall conform to the off- street parking regula-
tions required herein.
4 -2 ENCROACHMENT: REDUCTION OF LOT AREA
The minimum 'yards, parking area, open spaces required by these
regulations for each and every building existing at the time of
the passage of these regulations or for any building hereafter
erected, shall not be encroached upon or considered as required
yard or open space for any other building, except as hereinafter
provided, nor shall any lot area be reduced below the requirements
of these regulations.
4 -3 ACCESSORY BUILDINGS, PRIOR CONSTRUCTION
4 -3 -1 No accessory building shall be constructed upon a lot until the
construction of the main use building has actually commenced.
4 -3 -2 No accessory building shall be used unless the main use buildiing
on the lot is also being used.
4 -4 LOCATION ON A LOT REQUIRED
Every building or structure hereafter erected, moved or structurally
altered shall be located on a lot as herein defined. In no case shall
there be more than one main building on one lot.
ARTICLE V
DISTRICT REGULATIONS
5-1 "RS -1" ESTATE .RESIDENTIAL DISTRICT
5 -1 -1 Purpose
The purpose of this district is to provide for estate type single-
family residential development located in a spacious rural -like set -
ting which emphasizes the preservation of open space.
5.1 -2 Urea permitted
Duelling, single- family
Park or playground9 public
4
K.
0
5 -1 -3 District Regulations
.01 Minimum lot size shall be as follows,:
Area - one (1) acre
Frontage - 125 feet
02 Minimum yard set backs shall be as follows:
Front - 50 feet
Side - 20% of frontage, with a minimum of 10 feet each side.
Side (corner) - 20 feet
Rear - 25 feet
.03 No building shall exceed two (2) stories or twenty -,five (25)
feet in height, whichever is Less.
.04 The maximum lot area that may be covered by all structures
shall not exceed twenty (20) percent of the total lot area.
.05 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.
5 -2 "RS -2" SEMI- ESTATE RESIDENTIAL DISTRICT
5 -2 -1 Purpose
The purpose of this district is to provide for semi- estate type
single- family residential development located in a relatively
spacious setting which emphasizes the preservation of open space.
5 -2-2 Uses ;Permitted
Dwelling, single - family
Park or playground, public
5 -2 -3 District Regulations
.01 Minimum lot size shall be as follows:
Ares - 15,,000 square ;feet
Frontage - 100 feet
.02 Minimum yard setbacks shall be as follows:
Front 35 feet
Side - 207. of frontage with a minimum of 10 feet each side.
Side (corner) - 15 feet
Clear - 25 feet
.03 No building shall exceed ford (2) stories or twenty -five (25)
feet In height, whichever is less.
.04 The taNxiaum lot area that tMy be covered by all structures .
shall not ekeeed thirty (30) percent of the total lot area.
5
5 -2 -3.05 All proposed developments shall be accompanied by an overall
site plan, as defined in Article XI,, reflecting all s- 1Znifltant
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.
5 -3 "RS -3" IDW- DENSITY SINGLE - FAMILY RESIDENTIAL DISTRICT
5 -3 -1 Purpose
The purpose of this district is to provide for low - density single-
family residential development located in a moderately spacious
setting which emphasizes the preservation of open space.
5 -3 -2 Uses Permitted
Dwelling, single - family
Park or playground, public
5 -3 -3` District Regulations
.01 Minimum lot size shall be as follows:
Area 10,000 square feet
Frontage 75 feet
.02 Minimum ?yard setbacks shall be as follows;
Front 25 feet
Side 20 %e of frontage, with a minimum of 7� feet each side.
Side (corner) - 15 feet
Rear - 25 feet
.03 No building shall exceed two (2) stories or twenty -.five (25)
feet in height, whichever is less.
,04 The maximum lot area that may be covered by all structures
shall not exceed thirty (30) percent of the total lot area..
.05 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.
5 -4 "RS -4" SINGLE- FAMILY RESIDENTIAL DISTRICT
5 -k -1 Purpose
The purpose of this district is to provide for single - family resi-
dential development located on smaller lots and to protect and im-
prove the character of existing development in the area.
6
I
5 -4 -2 Uses Permitted.
Dwelling, single - family
Park or playground, public
5 -4 -3 District Regulations
.01 Minimum lot size shall be as follows:
Area'- 6,000 square feet
Frontage - 50 feet
.02 Minimum yard setbacks shall be as follows;
Front - 25 feet
Side- 20% of ,frontage with a minimum of 7' feet each side
Side (corner) 15 feet.
Rear 25 feet.
.03 No building shall exceed two (2) stories or twenty - five (25)
feet in height, whichever is less.
.04 The maximum lot area that may be covered by structures shall
not exceed thirty (30) percent of the total lot area.
.05 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.
5 -5 "RB -1" DUPLEX - CLUSTER RESIDENTIAL DISTRICT
5 -5 -1 Purpose
The purpose of this district is to permit a variety of low density
residential uses while creating an effective transitional buffer
between more intensive multi - family areas and less intensive single-
family areas. The provisions of this district are also designed
to improve the livability and appearance of low density residential
areas by encouraging imaginative site design and the preservation
of more extensive open space.
5 -5 -2 Uses Permitted
Dwelling, single - family
Dwelling, duplex
Dwelling, cluster
Park or playground, public.
I
5 -5 -3 Special uses Permitted
.01 Church, temple, synagogue, or similar house of worship; provided
that it is on a site of no 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 condi-
tions, and that a public hearing be herd by the Council to deter-
mine the overall compatibility of the proposed use with the
neighborhood.
5 -5 -4 District Regulations
.01 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.
.02 Unless Otherwise excepted by the requirements contained herein,
each proposal shall be subject to all applicable subdivision
regulations.
.03 All proposals including land and /or facilities to be developed
for the common or joint use of all project residents shall be
required to include provisions assuring that such land and
facilitities shall be maintained in continuous and satisfactory
manner and without expense to the general taxpayer of South Miami.
Such may be provided by the requirement of home association member-
ships for the purpose of holding joint title to such areas to-such
areas and facilities, and levying assessments against each individ-
ual ownership for the purpose of maintaining such areas and facili-
ties. These areas and facilities may include, but no be limited
to, recreational facilities, open space, off- street parking areas,
streets, sidewalks, street lights and individual lots and struc-
tures. Such assessments shall be superior to all other liens,
excepting tax liens, and first mortgage liens which are amortized
over a period of not less than ten (10) years. Other methods may
be acceptable if they provide for the proper and continuous pay-
ment of taxes and maintenance without expense to the general tax-
payers. The instrument incorporating such provisions shall be
approved by the City Attorney as to form and legal sufficiency
before submission to the Planning Board and City Council, and
after their approval shall be recorded in the public records of
South Miami.
5 -5 -5 Single - Family Requirements
All single- family dwelling units shall conform to "RS -3" District
regulations.
S
5 -5 -6 Duplex Requirements
.01 Minimum lot size requirements shall be as follows;
Area - 10,000 square feet
Frontage - 100 feet
.02 Minimum yard setbacks shall be as follows:
Front 25 feet
Rear 25 feet
Side - 7'k feet each
Side (corner) 15 feet
.03 No structure shall exceed two (2) stories or twenty -five (25)
feet in height, whichever is less.
.04 No more than thirty (30) percent of the total lot area shall
be covered by structures.
5 -.5 -7 Cluster Requirements
.01 The maximum number of clustered dwelling units shall not exceed
six (6) units per net acre.
.02 A minimum site area of thirty thousand (30,000) square feet,
excluding existing and proposed public streets shall be required.
.03 The minimum lot area per individual cluster unit shall be two
thousand (2,000) square feet and the average ,lot size within each
cluster development shall not be less than twenty -four hundred
(2,400) square feet.
.04 A minimum of forty (40) percent of the total site area shall be
required for common open space, which may include recreational areas,
greenways -, buffer strips, gardens, nature preserves, or other simi-
lar uses,and a minimum average of twenty (20) percent of all indi-
vidual lots shall be required for private open space, which may
include courtyards, patios, gardens, swimming pools or other simi-
lar uses.
.05 The following "RS -3" District regulations shall apply to all clus-
ter dwellings, except when modified by approval after public
hearing when such exceptions illustrate that the purpose and
intent of this District will be met by the overall development.
Yard Setbacks
Building Heights
Street [tights -of -way and improvements
Off-Street Parking Location and Improvements
Walls and Vdnces
Lot Area
Lot Coverage
5 -6 "RB -2" TOWNHOUSE RESIPENTIAL DISTRICT
5 -6 -1 Purpose
The purpose of this district is to permit townhouse -type residential
uses while creating an effective transitional buffer between more
intensive multi - family areas and less intensive single - family areas.
5 -6 -2 Uses Permitted
Dwelling, single family; subject to "RS -3" District regulations.
Dwelling, duplex
Dwelling, cluster
Dwelling, townhouse
Park or playground, public
5 -6 -3 Special Uses Permitted
.01 Church, temple, synagogue, or similar house of worship; provided
that it is on a site of no 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 condi-
tions, and that a public hearing be by the Council to deter-
mine the overall compatibility of the proposed use with the
neighborhood..
5 -6 -4 District Regulations
.01 The maximum density of townhouse dwellings shall not exceed
fourteen (14) units per net acre.
.02 A minimum site area of fifteen thousand (15,000) square feet,
excluding existing and proposed public streets shall be required.
.03 The minimum lot area per individual townhouse unit shall be two
thousand (2,000) square feet and the average lot size within each
townhouse grouping shall not be less than twenty -two hundred (2,200)
square feet.
.04 Townhouses shall be grouped in no more than six (6) units.
05 tifnlLm yard setbacks shall be as follows:
Front - 20 feet
Hear - 25 feet
Side - 15 feet (interior side lot line)
Side - 20 feet (corner or between groupings)
Side - 20 feet (between groupings when driveway is provided)
,06 lla structure shall exceed twa and one -half (A) stories or thirty
(30) feet itt height, khichevsr is less.
rfl7 Oti each townhouse- lot there shall bo- provided open space equal to
at least fifteetl (15) percent of the total lot sires, said space
shall be exelnat of off-street psrking, driuduay and patio areas,
nod shall he pftperly landscaped with grass, trees', of shrubbery#
10
5 -6 -4.08 On each townhouse lot there shall be provided patiovirg areas
equal, to at least twenty -five (25) percent of the total 'lot area;
said areas shall be exclusive of parking and service areas. Open
roof areas and balconies designed and planned for patio purposes
may be credited for no more than Lf ifty (50) percent of the required
area, and only fifty (50) percent of such roof and balcony area
may be counted toward patio area.
.09 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 develop-
ment shall be taken into consideration and a reasonable portion'
of these areas shall also be reflected on the site plan.
.10 Unless otherwise excepted by the requirements contained herein,
each proposal shall be subject to all applicable subdivision
regulations.
.11 All proposals including land and /or facilities to be developed
for the common or joint use of all project residents shall be
required to include provisions assuring that such land and
facilities shall be maintained in a continuous and satisfactory
manner and without expense to the general taxpayer of South Miami.
Such may be provided by the requirement of 'home association mem-
berships for the purpose of holding joint title to such areas and
facilities and levying assessments against each individual owner-
ship for the purpose of maintaining such areas and facilities.
These areas and facilities may include, but not be limited to,
recreational facilities, open space, off - street parking areas,
streets, sidewalks, street lights and individual lots and struc-
tures. Such assessments shall be superior to all other 'liens,,
excepting tax liens, and first mortgage liens which are amortized
over a period of not less than ten (10) years. Other methods may
be acceptable if they provide for the proper and continuous payment
of taxes and maintenance without expense to the general taxpayers.
The instrument incorporating such provisions shall be approved by
the City Attorney as to form and legal sufficiency before submission
to the Planning Board and City Council, and after their approval
shall be recorded in the public records of South Miami.
.12 The following regulations may be modified by approval after public
hearing when such exceptions illustrate that the purpose and intent
of this district will be met by the overall development,
Yard Setbacks
Building Heights
Street Rights-of-way and Improvements
Walls and Fences
Lot Area
Lot Coverage
I
5 -7 "RM -l" MULTI - FAMILY RESIDENTIAL DISTRICT (LOW DENSITY)
5 -7 -1 Purpose
The purpose of this district is to create 'low density multi- family'
residential areas appropriate for low -rise garden apartment develop-
ment. Population density and height of buildings shall be low enough
to be compatible with single - family residential development in the
same general neighborhood'.
5-7-2 Uses Permitted
Dwelling, multi- family
Dwelling, single - family
Park or playground, public
5 -7-3 Special Uses Permitted
.01 Certain accessory uses; provided they are located within a multi-
family structure of eight (8) or more units and oriented for the
use of occupants only.. These uses may include a management office,
recreation room, laundry room, coin- operated vending machine, and
public telephone.
.02 Fraternal Organization or private club; provided that it is on a site
of no less than one (1) acre, that no structure is leas than
fifty (50) feet from an adjacent more restrictive residential
district, that there be no sale of alcoholic beverages, that there
be adequate ingress and egress which will not create adverse traf-
fic conditions, and that a public hearing be held by the Council
to determine the overall compatibility of the proposed use with
the neighborhood.
.03 Church, temple, synagogue, or similar house of worship; provided
that it is on a site of no 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 condi-
tions, and that a public hearing be held by the Council to deter-
mine the overall compatibility of the proposed use with the
neighborhood.
5 -7 -4 District Regulations
.01 The maximum density permitted shall be twenty -four (24) dwelling
units per net acre.
.02 Minimum lot size shall be as .follows:
Area - 12,000 square feet
Frontage - 100 feet
.03 Minimum yard setbacks shall be as follows:
Front r 25 feet
Rear - 25 feet
Side x..15 feet each
04 No building shall exceed tuv (2) stories or twenty -flve (2$) feet
In heights uhithr ver is less, except uherd the grcowd floor is wed
12
only for off - street parking and service area purposes, in which
case said floor may be excluded from the height limitation. For
the ground floor to be considered eligible for this provision,
at least seventy -five (75) percent of its gross area shall be
utilized for off - street parking purposes and the balance for stor-
age, access and services only. In no instance, however, may a
structure exceed three (3) stories or thirty -five (35) feet in
height, whichever is less.
.05 The maximum lot area that may be covered by structures shall not
exceed forty (40) percent of the total lot area.
.06 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 develop-
ment shall be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
.07 open space shall be provided on each lot equal to at least twenty-
five (25) percent of the total lot area; said space shall be unen-
cumbered by structures or off - street parking spaces, and shall be
landscaped and well maintained with grass, trees and shrubbery,
excepting only areas used as pedestrian walks and ingress and
egress drives; said ingress and egress drives shall not exceed
a maximum width required to serve the parking area.
5 -8 "RM -2" MULTI - FAMILY RESIDENTIAL DISTRICT (MEDIUM DENSITY)
5 -8 -1 Purpose
The purpose of this district is to maintain medium residential den-
sities as might be appropriate for garden -type apartment developments,
and at the same time, permitting a variety of housing types.
5 -8 -2 Uses Permitted
Dwelling, multi - family
Dwelling, single family
Park or playground, public
5 -8 -3 Special Uses Permitted
.01 Certain accessory uses; provided they are located within a multi-
family structure of eight (8) or more units and oriented for the
use of occupants only. These uses may include a management office,
recreation room, laundry room, coin - Operated vending machine, and
public telephone.
.02 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 residential
district, that there be no sale of alcoholic beverages, that there
be adequate ingress and egress which will not create adverse traf-
fic conditions, and that a public nearing be held by the Council
to determine the overall Compatibility of the proposed use with
the neighborhood.
13.
5 -8 -3.03 Church, temple, synagogue, or similar house of worship; provided
%uat -ic` is on a site of no 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 condi-
tions, and that a public hearing be held by the Council to deter-
mine the overall compatibility of the proposed use with the
neighborhood.
5 -8 -4 District Regulations
.01 The maximum density permitted shall be thirty -six (36) dwelling
units per net acre.
.02 Minimum lot size shall be as follows;
Area - 120000 square feet
Frontage - 100 feet
.03 Minimum yard setbacks shall be as follows:
Front 25 feet
Rear - 25 feet
Side (1 -2 stories) - 15 feet each
Side (3 -4 stories) - 20 feet each
Side (5 stories) - 25 feet each
.04 No building shall exceed four '(4) stories or forty -five (45) feet
in height,, whichever is less, except where the ground floor is
used only for off - street parking and service area purposes, in
which case said floor may be excluded from the height limitation.
For the ground floor to be considered eligible for this provision,
at least seventy -five (75) percent of its gross area shall be
utilized for off - street parking purposes and the balance for stor-
age, access, and services only. In no instance, however, may any
structure exceed five (5) stories or fifty -five (55) feet in
height, whichever is less.
.05 The maximum lot area that may be covered by structures shall not
exceed thirty (30) percent of the total lot area.
.06 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 develop-
ment shall be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
.07 Open space shall be provided on each lot equal to at least twenty-
five (25) percent of the total lot area; said space shall be
unencumbered by structures or off- street parking spaces, and
shall be landscaped and well maintained with grass, trees and
shrubbery, excepting only areas used as pedestrian walks and
ingress and egress drives; said ingress and egress drives shall
not exceed a maximum width required to serve the parking area.
14
5 -9 "RM -3" MULTI - FAMILY RESIDENTIAL DISTRICT (HIGH.DENSITY)
5 -9 -1 Purpose
The purpose of this district is to delineate suitable areas wherein..
high density ;apartment complexes can be developed in a manner
compatible with adjacent uses and serve a transitional use function
between businesses or offices and apartment areas of :lesser density.
5 -9 -2 Uses Permitted
Dwelling, multi- family
Dwelling„ single - family
Park or playground, public
5 -9 -3 Special Uses Permitted
.01 Certain accessory ases;in multi - family structures of eight (8) or
more dwelling units; provided they are located within the struc-
ture and oriented for the use of occupants only. These uses
may include a management office, recreation room, laundry room,
coin- operated vending machine, or public telephone.
.02 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 residential
-- district, that there be no sale of alcoholic beverages, and that
a public hearing be held by the Council to determine the overall
compatibility of the proposed use with the neighborhood.
.03 Church, temple, synagogue, or similar house of worship; provided
that it is on a site of no 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 condi-
tions, and that a public hearing be held by the Council to deter-
mine the overall compatibility of the proposed use with the
neighborhood.
5 -9 -4 District Regulations
.01 The maximum density permitted shall be fifty (50) dwelling units
per acre.
.02 Minimum lot size shall be as follows:
Area - 12,000 square feet
Frontage - 100 feet
.03 Minimum yard setbacks shall be as followst
Building
Front
Each Side
Rear
Height
Ifeet
feet
feet
1 -2 .stories
25
15
25
3 -4 stories
25
20
25
5-0 stories
30
25
30
7-8 stories
35
25
35
15
5 -9 -4.04 No building shall exceed six (6) stories or sixty -five (65) feet
in height, whichever is less, except where the lower floor or
floors are used only for off- street parking and service area
purposes, in which case said floor may be excluded from the height
limitation. For a floor to be considered eligible for this pro' -
vision,, at least seventy-five (75) percent of its gross area shall
be utilized for off - street parking purposes ..end the balance for
storage, :access and services Only. In no instance, however, may
a structure exceed eight (8) stories or eighty -five (85) feet in
height, whichever is less.
.05 Floor area ratios and lot coverages shall not exceed the following:
Building Floor Lot Coverage
Height Area Ratio (percent)
1 story 0.30 30
2 stories 0.60 M
3 stories 0.90' 30
4 stories 1.00 25
5 stories 1.00 20
6 stories 1.14 19
7 stories 1.26 18
8 stories 1.36 17
.06 All proposed developments shall be accompanied by an overall site
plan, as defined in ArtLcle XI, reflecting all significant aspects
of the development. Properties adjacent to the proposed,develop-
ment shall be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
.07 Open space shall be provided on each lot equal to at least twenty-
five (25) percent of the total lot area; sai& space shall be
unencumbered by structures or off- street parking spaces, and shall .
be 'landscaped and well maintained with grass, trees and shrubbery,
excepting only areas used as pedestrian walks and ingress and
egress drives; said ingress and egress drives shall not exceed
a maximum width required to serve the parking area.
5 -10 "RD" RESIDENTIAL OFFICE DISTRICT
5 -10 -1 Purpose.
The purpose of this district shall be to permit uses which will
accommodate the limited office space needs of certain professional
services in an attractive and quiet environment similar to that of
a residential area.
i6
5 -10 -2 Uses Permitted
All uses permitted in the "RS" Districts.
Offices used for the following services:
Architecture
Accounting and auditing
Building contractor (office only, no equipment storage)
Chiropractic
Dentistry
Engineering;
Insurance
Investigative
Investment and tax counseling
Law
Market research
Medicine
Notary public
Planning and zoning consulting
Public relations
Real Estate
Secretarial and stenographic service
Social service bureau
_ Studio for artist, sculptor or musician (no 'teaching)
Telephone answering
Other office uses of a similar nature
5 -10 -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 residen-
tial 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 compat-
ibility 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.
17
5 -10 -3.03 Church, temple, synagogue, or similar house of worship; provided
that it is on a site of no 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 _ condi-
tions, and that a public hearing be held by the Council to deter-
mine the 'overall compatibility of the proposed use with the
neighborhood.
.04, School', private; provided that there be adequate ingress and egress
which will not create adverse traffic conditions.
5 - -10 -4 District Regulations
.01 Minimum lot size shall be as follows:
Area - 10,000 square feet
Frontage -- 75 feet
.02 Minimum yard setbacks shall be as follows;
Front - 25 feet
Rear - 25 feet
Side 10 'feet each
Side (corner) - 15 feet
Side (adjacent to Residential District) - 25 feet
.03 No building ;shall exceed two (2) stories or twenty -five (25) feet,
whichever is less. _
.04 The maximum lot area that may be covered by structures shall not
exceed thirty (30) percent of the total lot area,.
.05 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 develop-
ment shall be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
.06 Open space shall be provided on each lot equal to at least twenty-
five (25) percent of the total lot area; said space shall be unen-
cumbered by structures or off - street parking spaces and shall be
landscaped and well maintained with grass, trees and shrubbery,
excepting only areas used as pedestrian walks and ingress and
egress drives; said ingress and egress drives shall not exceed
a maximum width required to serve the parking area. A sprinkler
.system shall be installed to insure proper maintenance of land-
scaped areas.
.07 All buildings shall be residential in exterior appearance and
oriented toward an arterial or major thoroughfare.
.08 No structure shall be constructed or altered to produce a store
front, display window or commercial character: 'There also shall
be no display from windows or doors.
.09 Required off- street parking spaces for office uses shall not be
permitted in the front yard setback area.
is
5- 10- 4.,10
A decorative wall of masonry, reinforced concrete, precast concrete,
_t _�,_,__ __.__ -mat will be compatible with the main struc-
VL.L1C L11nC lltu 6GLial --hat O1L.
ture,
Lure, 'five (5) feet in height shall be erected along all interior
property lines including the rear property line; provided however,
in the 'event that the rear property line abuts a secondary road,
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 land-
scaped; provided 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.
.11
No vehicular access to an "RO" use shall be permitted on sides
adjacent to residential districts.
.12
No outside storage of supplies, heavy equipment, or large vehicles
shall be permitted.
.13
No accessory buildings shall be permitted.
5 -11 "CO" COMMERCIAL OFFICE DISTRICT
5 -11 -1 Purpose
._ The purpose of this district, shall be to ;permit uses which will
accommodate extensive office space needs of a professional and
business nature in an intensive and centrally located manner.
5 -11 -2 Uses Permitted
All uses permitted in the "RO" District
Bank
Broadcasting studio
Clinic or laboratory; medical, dental or optical
Convalescent home
Hospital
Loan association or agency
Office, business or professional
Stock brokerage office
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 residen-
tial 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 compat
ibility 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
19
be 'located between the front of the main structure and the street
or the side of the maid structure and the street of a corner lot,
that all ambulances and equipment shall be housed in completely
enlcosed 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 no 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 . condi-
tions, and that a public hearing be held by the Council to deter -
mine 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 feet, that all acces-
sory uses shall be incidental to the office use of the building,
that all accessory used are oriented primarily to the employees
within, that no external features shall be permitted to advertise
accessory uses, and that not more than twenty (20) percent of the
gross floor area of the building shall be devoted to accessory
uses.
.02 An office building of at least three (3) or more stories in height
may include residential accommodations on the top floor.
5 -11 -5 District
_Itekulationa
.01 Minimum lot sire shall be as follows=
Area - 10,000 square feet
Frontage - 100 feet.
02 Minimum yard setbacks shall be as follova:
Front - 20 feet
Rear - 15 feet
Side - 15 feet each.
Side (damdr) - 20 feet
Side (adjacent to residential district) - 25 .feet.
20
5 -11 -5.03 No building shall exceed six (6) stories or sixty -five ('65) feet.,
whichever is less, except -for floors used for off - street parking
and service area purposes, in which case said floors may be excluded
from the height limitation.. In no instance, however, may a struc-
ture exceed eight (8) stories or eighty- five (85) feet in height.
.04 The maximum lot area that may be ,covered by structures on a lot
shall be as follows:
Building Height Lot Coverage
(percent)
1 story 75
2 stories 60
3 stories 55
4 stories 45
5 stories 40:
b or more stories 40
.05 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 develop-
ment shall be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
.06 Open space shall be provided on each lot equal to at least twenty
(20) percent of the total lot area; said space shall be unencum-
bered by structures or off- street parking spaces, and shall be
landscaped and well maintained with grass, trees and shrubbery,
excepting only areas used as pedestrian walks and ingress and
egress drives -, said ingress and egress drives shall not exceed
a maximum width required to serve the parking area.
.07 No driveway or street for vehicle access shall be permitted ad-
jacent to or abutting any residentially zoned property.
5 -12 "C -1" NEIGHBORHOOD COIRERCIAL DISTRICT
5 -12 -1 Purpose
The primary purpose of this district is to provide for the basic
retail and personal service needs of nearby residential neighborhoods
in compatible and convenient manner.
5 -12 -2 Uses Permitted
All uses permitted in the "RD" District
Beauty or barber shop
Drug, pharmacy or sundry store
Film processing substation
Florist
Food stare (eonvenienee type Only)
Gift. shop
Laundromat or dry cleaning. substation
Notta+tend
Shoe repair th6p
'robaero situp
21
5 -12 -3 Special Uses Permitted
.01 Service station; provided that the following provisions are
adhered to:
•
a. All .structures shall be designed in amanner that is com-
patible 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 enclos-
able cabinets.
c. No used or discarded automotive parts or equipment or per-
manently disabled or wrecked vehicles shall be located
outside the main structure except within an enclosed trash
storage area..
d. Major repair of engine overhauling or transmission repair,
painting, body and fender repair, and tire recapping is
not 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 is permitted, provided that said trail-
ers shall be backed up against a six (6) foot high wall,
and located not less than twenty (20) feet from any side-
walk, pedestrian walk or public or private thoroughfare.
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 to not 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 permitted at the intersections of primary
and secondary arterials providing that the construction
of driveway entrances shall not be within the curb return,
but shall be at least five (5) feet beyond the end of the
curb return (curb radius plus five (5) feet), and at all
intersections, whenever possible, combined driveways ser-
vicing both service station and adjacent uses, shall be
designated and provided.
k Planter areas and tree wells shall be constructed and
equipped with Irrigation facilities and landscaped prior
to finall building inspection. Not less than 'ten (10 par-
cent of the servico- station site shall be landscaped.
A landscaping plan shall be subtitted, and subject to
Approval of the planning Roard.
22
1. Whenever the use abuts a residential district, there shall
e _erected along the pr_,periy 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.
5 -12 -3.02 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 overall compatibility
of the 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 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 (corner or adjacent to residential district) -'20 feet
,04 all proposed development 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 develop-
ment shall be taken into consideration.and a reasonable portion
of these areas shall also be reflected on the site plan.
05 open space shall be provided on the lot equal to at least twenty
(20) percent of the total lot area; said space shall, be unene w-
tiered by structures or off- street parking spaces, and shall be
landscaped And well maintained with grass, trees and shrubbery,
except-Ing only iteag used as pedestrian walks and ingress and
egt'ess drives, said i:ngteaa and egress drives shall not exceed
a maxiMb width 'required to serve the parking ares.
23
5 -13 "C -2" DOWNTOWN CO WRCIAL 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
Employment agency
Fabric or drapery shop
Food store
Fraternal Organization or private club
Furniture
Gift or card shop
Gift redemption center
Hardware store
Health studio, reducing salon 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
Sewing center or seamstresa
Shoe repair
Shoe store
Sporting goods
Ullor
Television sales and service
7hesiter or tinema,
24
Travel agency
Variety store
Watch sales and service
5 -13 -3 Special Uses Permitted
.01 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 closer than one hundred (100) feet to a residential district.
.03 Residential accommodations; provided that they are only on the top
floor of structures of two (2) or more stories in height.
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:
1 -3 4 -6 7 -8
Stories Stories Stories
Front 5 feet 10 feet 15 feet
Rear 15 feet 20 feet 20 feet
Side none none none
Side (corner) 5 feet 10 feet 15 feet
.03 No building shall exceed six (6) stories or sixty -five (65) feet
in height, whichever is less, except where the lower floor''or
floors are used for off- street parking and service area purposes,
in which case said floor or floors may be excluded from the
height limitation. In no instance, may a structure exceed
eight (8) 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 develop-
ment sah11 be taken into consideration and a reasonable portion
of these areas shall also be reflected on the site plan.
5 -14 "C -3" ARTERIAL COMMERCIAL DISTRICT
5 -14 -1 :Purpose
The purpose of this district is to provide for a variety of retail
and service commercial uses that generally orient to a vide 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.
25
w
01
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
Bicycle 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
Lawnmower 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 that
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 landscaped buffer of at least seven
(7) feet shall be provided adjacent to all 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 (5) 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 land-
scaped; provided further, in the event that the interior
side property line abuts the sane or more liberal zoning
district, the requirement for the Mall along said common
Interior property line shall not apply. 170 Mall ten (10)
feet from the front property line shall exceed favor (4)
feet in height.
26
.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 residen-
tial district.
05 Dressed poultry or seafood store; provided that it not be located
closer than fifty (50) feet to a residential district.
.06 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.
.07 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 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 ;lines
.08 Material storage yard; provided that it is in connection with a
permitted use where storage is incidental to the approved
occupancy, all products and materials stored are in a completely
enclosed structure or enclosed by a masonry wall, 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..
.09 Service station; provided that,
a4 All structures shall be designed in a manner that is com-
patible. 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 enclos-
able cabinets.
c. No used or discarded automotive parts or equipttzent or
permanently disabled of wrecked vehicles shall be located
outside the train structure except vithln an enclosed
t-rah storage area.
21
d. Major engine and transmission repair, painting, body and
fender work, and tire :recapping is not 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 is 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 any
sidewalk, pedestrian walk or public or private thorough-
fare or driveway.
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.
L. Structures shall not occupy more than thirty (30) percent
of the total lot area.
J. Driveways shall be permitted at the intersections of primary
and secondary arterials providing that the construction of
driveway entrances shall not be within the curb return,
but shall be at least five (5) feet beyond the end of the
curb return (curb radius plus five (5) feet), and at all
intersections, whenever possible, combined driveways ser
vicing both service station and adjacent uses, shall be
designated and provided.,
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) per -
cent of the service station site shall be landscaped.
A landscaping plan shall be submitted, and subject to
the approval of the Planning Commission.
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
Depth - 100 feet.
.02 Miniaw .yard aetbacka shall be as follows:
Front - 20 feet
'Rear - 20 feet
Side - none
Side (Adjatent to n residen €lel di,striet) - 20 feet
28
5- 14-4..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 Open space shall be provided on each lot equal tout least ten
(10) percent of the total lot area; said space shall be unencum-
bered by structures or off- street parking spaces, and shall be
landscaped and well maintained with grass, trees and shrubbery,,
excepting only areas used as pedestrian walks and ingress and
egress drives, said ingress and egress drives shall not exceed
a maximum width required to serve the parking area.
5 -15 "I" INTENSIVE USE DISTRICT`
5 -15 -1 Purpose.
The purpose of this district is to delineate properly located and
easily accessible areas for thoseuses 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 top and body 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 are 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 and retreading
Transfer and moving company
29
Truck storage
Upholstery shop
Venetian blind manufacturing
Warehouse
Wholesale sales and storage
5 -15 -3 District Regulations
.01 Minimum Tot 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 - None
Rear (adjacent to residential district) - 20 feet
Side none
Side (corner or adjacent of 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 masonry, wood or 'precast concrete wall which
shall be permanently maintained in an attractive condition.
30
ARTICLE vI
SIGN REGULATIONS
6 -1 -1 SIGN DEFINITIONS
For the ur ose of this section certain 'terms and words pertaining
P- p
to signs are hereby defined., The general rules of construction
contained in Article X are applicable to these definitions.
.01 Sign. An identification, description, illustration, or device
which is affixed to or represented directly or indirectly upon
• building, structure, or land and which directs attention to
• product, place, activity, person, service, institution, or
business.
.02 Sign Area. That area within a line including the outer extrem-
ities of all letters, figures, characters, and delineations,
or within a line including the outer extremities of the frame-
work or background of the sign, whichever line includes the
larger area. The support for the sign background', whether it
be columns, a pylon, or a building or part thereof, shall not
be included in the sign area. Only one side of a double. -faced
sign shall be included ins. computation of sign area. The area
of a cylindrical sign shall be computed by multiplying one -half
of the circunference by the height of the sign.
.03 Accessory Sign. A sign relating only to uses of the premises
on which the sign is located,, or products sold on the premises
on which the sign is located, or indicating the name or address
of a building or the occupants or management of a building on
the premises where the sign is located.
.04 Detached Sign. A sign not attached to or painted on a building,
but which is affixed to the ground. A sign attached to a flat
surface such as a fence or wall not a part of a building, shall
be considered a detached sign..
.05 Double -Faced Sign. A sign with two parallel, or nearly parallel,
faces, back to back and located not more than twenty -four (24)
inches from each other.. If designed as an angle sign, the angle
between the two faces shall be no more than thirty (30) degrees.
.06 Mat Sign. Any sign attached to, and erected parallel to, the
face of, or erected or painted on the outside wall of, a building
and supported throughout its length by such wall or building and
not extending more than eighteen (18) inches from the building
wall,
.07 General Advertising_ Sign. Any sign uhic'h is not an accessory
sign or which is not specifically limited to a special purpose
by these Regulations.
U
6 -1 -1.08
illuminated Sinn. Any sign designed to give forth artificial
light or designed to reflect light from one or more sources of
artificial light erected for the purpose of providing light for
the sign.
.09
Indirectly Illuminated Sign. A sign which does not produce
artificial light from within itself but which is opaque and
backlighted or illuminated by spotlights or floodlights not
a part of or attached to the sign itself.
.10
Marquee Sign. A sign attached to or hung from a marquee. For
the purpose of this Article, a marquee is a covered structure
projecting from and supported by the building with independent
roof and drainage provisions.
.11
Portable Sign. A sign of any size, type or material which is
attached to -a vehicle or structure and can be moved from place
to place on wheels, skids or similar means.
.12
Projecting Sign. A sign which is attached to and projects more
than eighteen (18) inches from the face of 'a wall of a building.
The 'term projecting sign includes a marquee sign. A ;projecting
sign which extends more than thirty -six (36) inches above ra roof
line or parapet wall shall be designated as a roof sign.
.13
Roof Sign. A sign which is fastened to and supported by or on .
the roof of a building or which extends over the roof of a build-
ing or a projecting sign which extends more than thirty -six (36)
inches over or above the roof line of a building.
.14
Snipe Sign. A -sign of any material, including paper, cardboard,
wood and metal, when such sign is tacked, nailed or attached in
any way to trees, utility poles or other objects and where such
sign does not apply to premises whereon it is located.
6 -2 GENERAL SIGN REGULATIONS
The following regulations apply to all signs and are in addition
to the regulations contained in the section of this Article estab-
lishing the district sign regulations.
6 -2 -1 Permits Required
.01 No sign, unless herein excepted, shall be erected, constructed,
posted, painted, altered, maintained, or relocated, except as
provided in this Article and these Regulations, until a permit
has been issued by the City Manager.
.o2 Be-fore any permit is issued, an application, especially provided
by the City Manager, shall be filed, together with three (3) gets
of drawings and /or specifications (one to be returned to the ap-
plicant) as may be necessary to fully advise and acquaint the
City Manager with the location, construction, materials, manner
of 111winating, and /or securing or fastening, and number of
signs applied for and the vording of the alp of adwrtining
to be carried on the sign.
J2
6 -2 -1.03 All signs which are electrically illuminated by neon or by other
means :shall require a separate electrical permit and inspection,
.04 All signs shall be erected on or before the expiration of sixty
(60) days from the date, of issuance of the permit; otherwise,
the - permit -shall be come null and void and a new permit shall
be required.
.05 Each sign requiring a permit shall be clearly marked with the
permit number and name of the person or firm placing the sign
on the premises.
.06 Applications for unusual signs or displays which give rise to
questions of .interpretation of these Regulations may be referred
to the Planning and Zoning Board for the purpose of interpreta-
tion by the Board and recommendation for action on the applica-
tion.
.07 Advertising benches at legitimate bus stops shall be permitted
only by annual contract as approved by Council.
6 -2-2 Temporary Permits
The City Manager, upon application, may issue temporary permits
for the following signs and displays for a period of not exceeding
thirty (30) days when, in his opinion, the use of such signs and
displays would be in the public interest and would not result in
damage to private property.
.01 Signs advertising a special civic or cultural event such as a
fair or exposition,, play, concert, or meeting, sponsored by a
governmental or charitable organization.
.02 Special decorative displays used for holidays, public demonstra-
tions, or promotion of non - partisan civic purposes.
.03 Special sales promotion displays in a district where such sales
are permitted, including displays incidental to the opening of
a new business.
6 -2 -3 Exceptions
The following signs are exempted from the previsions of these Regula-
tions and may be erected or constructed Without a permit but in ac-
cordance with the structural, and safety requirements of the Building
Code.
.01 Official traffic informational signs or sign structures and
provisional warning signs or sign structures, when erected or
required to be erected by a governmental agency and temporary
signs indicating danger.
.02 Changing of copy on a permitted bulletin board, display encase-
ment, or maI:gpee.
3j
6 -2 -3,03 Temporary non- illuninated sign, as permitted by the district
regulations, advertising real estate for sale or lease or
announcing contemplated improvements; of real estate, and located
on the premises.
.04 Temporary non - illuminated signs, as permitted by the district
regulations, erected in connection with new construction work
and displayed on the premises during such time as the actual
construction work is in progress.
.05; Sign on a truck, bus, or other vehicle, while in use in the
normal course of a business.
6 -2 -4 Illumination
.01 Any sign may be indirectly illuminated if illumination is not
otherwise limited by the provisions of these Regulations.
.02 Neon lighting or other tubular lighting, when used on the exteri-
or of a building for strip lighting to outline any portion of
a building or structure other than a sign shall not be considered
in computing the number of permitted signs but shall be considered
as a general advertising sign and permitted only in districts
where general advertising signs are permitted and shall be in-
cluded in the computation of permitted sign area by multiplying
the length of the tubing by six (6) inches.
6-2-5 Structural Supports
All signs shall have concealed structural members, except vertical
supports. Signs shall appear to be an integral part of the building,,
when attached to building walls and in general, to present a good
structural appearance.
6 -2 -'6 Setbacks
In addition to the side yards required elsewhere in these regulations, .
any sign exceeding thirty (30) square feet in area shall be set back
from interior side property lines as Follows: ten (10) percent of
the street frontage of the property in question, if such frontage
does not exceed one hundred (100) lineal feet; twenty (20) percent
of the street frontage of the property if such frontage exceeds one
hundred (100) lineal feet, but does not exceed two hundred (200)
lineal feet, thirty (30) percent of the street frontage of the pro-
perty in question if such frontage exceeds two hundred (200) lineal
feet.
6 -2 -7 He_ ight
No detached sign shall exceed a'height of twenty -one (21) feet,
except as otherwise provided:
34
6 -2 -8 Compliance: Other Codes and Provisions
No sign shall be approved for use unless it has been - inspected by
the City and found to be in compliance with all the requirements
of this Ordinance and applicable technical codes. In particular:
.01 All structural, electrical and safety features shall be in accor-
dance with the requirements of the South Florida Building Code.
02 All signs shall comply with the yard setback requirements of the
district in which they are located..
.03 All signs shall comply with the provisions of this Ordinance
governing nonconforming uses as established in Article IX.
.04 All signs shall comply with the vision clearance requirements
of Article VIII.
6 -2 -9 Prohibited Characteristics
No sign shall be constructed, erected, used, operated, or maintained`
which:
.01 Displays intermittent lights resembling or seeming to resemble,
the flashing lights customarily associated with danger or such
as are customarily used by police, fire, or other emergency
vehicles.
.02 Uses the word "stop" or " danger," or presents or implies the
need or requirement for stopping or the existence of danger,
or which is a copy or imitation of an official sign. This
provision regarding the word "stop" or "danger" does not apply
when they are used in descriptive lines of advertising so long
as they are not used to simulate, copy, or imply any official
traffic warning, either for vehicles or pedestrians.
.03 Is located and /or illuminated sous to provide a background of
colored lights blending with traffic signal lights to the extent .
of confusing a motorist when viewed from normal approaching posi-
tion of a vehicle at a distance of twenty -five (25) to three hun-
dred (300) feet.
.04 Is located so as to project over any public street, sidewalk or
alley.
05 Is of a blinking, flashing or "nervous" nature.
.06 Is attached to a tree, utility pole, or any other unapproved
supporting structure.
.07 19 of a portable or movable nature.
35
6 -2 -9.08 Is of a pennant, banner, streamer, or nther fluttering, spinning,
or similar nature, excepting National flags, and flags of poli-
tical subdivisions of the United States, bona fide civic, chari-
table, fraternal, and welfare organizations. During nationally
recognized holiday periods, however, pennants, banners, streamers,
and other fluttering, spinning, or similar type advertising de-
vices pertaining to said holiday periods may be displayed on a
temporary permit basis as provided in this Article.
.09 Advertises commercial products, services or establishments not
available within the City of South Miami.
6 -2 -10 Political Signs
Pol'itcal signs shall not be permitted in single family residential
districts.
6 -2 -11; Removal
.01 The City Manager may 'cause to be removed any sign or sign struc-
ture which shows neglect or becomes dilapidated or where the
area around such sign or sign structure is not well maintained
after due notice has been given as provided below.
,02 The City Manager shall remove, or cause to be removed, any sign
erected or maintained in conflict with these Regulations if the
owner or lessee of either the site or the sign fails to correct
the violation within ten (10) days after receiving written notice
of violation from the above official. Removal of a sign by the
Building Official shall not affect any proceedings instituted
prior to removal of such sign.
.03 Any sign previously associated with a vacated premises shall be
either removed from the premises by the owner or ,lessee not later
than three (3) months from the time such activity ceases to ex-
ist, or said signs shall be altered or resurfaced by the owner
or lessee within the same three (3) months time period, so that
the sign will not display letters, numerals, symbols, figures,
designs, or any other device for visual communication that would
pertain to the activity formerly associated with the vacated
premises.
6 -22 -12 Violations Responsibility
The owner and /or tenant of the premises and the owner and /or erector
of the sign shall be held responsible for any violation of these
Regulations. Uhere a sign has been erected in accordance with these
Regulations, the sign company shall be relieved of further respon-
sibility under thesePeg;ulations after final, approval of the sign
by the City Manager.
j0
6.3
DISTRICT Lz T nmTONS
In order to carry out the provisions of these Regulations, the
following, specific signs and their regulations are hereby assigned
to the districts defined in Article V.
6 -3 -1
Single - Family Residential (RS-1, RS -2, RS -3, and RS -4')
.01
A name plate, not to exceed one (1) square foot in area,; to
identify the owner or occupant of a dwelling or building.
.02
A private directional sign not to exceed one (1) square foot
in area.
.03
A "property for sale or lease" sign, not to exceed five (5)
square feet in area and located not less than twenty (20) feet
from a public right -of -way, unless established buildings are
closer to the right -of -way. One such sign is permitted on each
lot frontage.
.04
A temporary, non - illuminated sign, not to exceed twenty (20)
square feet in area, erected in ,connection with new construction
work and displayed on the premises only during the progress of
actual construction work.
.05
A subdivision sign, not to exceed sixty (60) square feet in area,
provided the sign is located not less than twenty -five (25) feet
from the front lot line and three hundred (300) feet from the
nearest occupied residence and further provided that the sub-
division has been platted, approved and is under active develop -
ment and sale.
6 -3 -2
Duplex Cluster or Townhouse Residential (RB -1 and RB -2)
.01
A name plate, not to exceed one (1) square foot in area, to
identify the owner or occupant of a dwelling or building.
.02
A private directional sign, not to exceed one (1) square foot
in area.
.03
A "property for sale or lease" sign, not to exceed five (5)
square feet in area and located not less than twenty (20) feet
from a public right -of -way, unless established buildings are
closer to the lot lines. One such sign is permitted on each
lot frontage.
.04
A temporary, non - illuminated sign, not to exceed twenty (20)
square feet in area, erected in connection with new construction
work and ,displayed on the premises only during the progress of
actual Construction work.
.05
A subdivision sign, not to exceed thirty -two (32) square feet
in area, provided the sign is located tot Tess than tWnty -five
(25) feet frw the front 'lot line and three hundred (300) feet
from the nearest occupied residence and .further provided that
•
the subdivision has been platted, approved and is tinder active
developbent and sale.
37
6 -3 -2.06 A flat sign, r.ot to e7-- -d twenty -fire (25) square feet in area,
for churches, synagogues and private schools. In addition,, chur-
ches and synagogues shall be allowed one free standing bulletin
board not to exceed fifteen (15) square 'feet in area.
6 -3 -3 Multi - Family Residential (RM -1, RM -2 and RM -3)
.01 An identification sign, not to exceed five (5) square feet in
area, to identify the owner and occupants of a building.
.02 A private directional sign, not to exceed one (1) square foot
in area.
.03 A temporary, non - illuminated signs not to exceed ten (10) square
feet in area, advertising property for sale or lease or announ-
cing contemplated improvements of real estate on which it is
placed,.
.04 A temporary sign, not to exceed sixty (60) square feet in area,
erected in connection with new construction work and displayed
on the premises only during progress of actual construction.
.05 An identification sign, not to exceed ten (10). square feet in
area, giving the name and /or address of management of a mult-
iple-family dwelling or group of multiple- family dwellings;.
If such sign is placed on a marquee, awning, or canopy, the
height of letters shall not exceed one (1) foot.
.06 A flat sign, not to exceed twenty -five (25) square feet in area,
for churches, temples or synagogues and private schools. In
addition, churches, temples and synagogues shall be allowed one
free standing bulletin board not to exceed fifteen (15) square
feet in area.
6 -3 -4 Residential Office (RO)
.01 Name plates, not to exceed one (1) square foot in area, to
identify the owner or occupants of the building.
,02 A non- illuminated flat sign, not to exceed one and one -half (1)
square feet for every ten (10) feet of frontage, identifying
the building. Corner lots, not adjacent to a residential district,
shall be permitted one (1) additional sign not to exceed one (1)
square foot for every ten (10) feet of frontage on the side street.
.03 A private directional sign, not to exceed one (1) square foot
in area.
.04 A temporary, non - illuminated sign, not to exceed ten (10) square
feet in area and located not less than twenty (20) feet from
the front lot 'line, advertising the property for sale or lease.
one such sign shall be permitted on each lot frontage.
3g
6 -3 -4.05 A temporary, non - illuminated sign., not to exceed thirty -two (32)
square feet in area, erected in connection with new construction
work and displayed on the premises only during the progress of
actual construction.
6 -3 -5 Commercial Office (CO)
.01 Name plates, not to exceed one (1) square foot in area, to
identify the owner and each occupant of the building, not to
exceed an aggregate total of thirty (30) square feet in area.
.02 A non - illuminated flat sign, not to exceed two (2) square feet
for every ten (10) feet of frontage, identifying the building.
Corner lots, not adjacent to a residential district, shall be
permitted one additional sign on the side street not to exceed
one (1) square foot for every ten (10) feet of side street
frontage.
.03 A private directional sign, not to 'exceed one (1), square foot
in area.
.04 A temporary, non - illuminated sign, not to exceed ten (10) square
feet in area, advertising the property for sale or lease. One
_ such sign shall be permitted for each lot frontage.
.05 A- temporary, non - illuminated sign, not to exceed sixty -four (64)
square feet in area, erected in connection with new construction
work and displayed on the premises only during the progress of
actual construction.
6 -3 -6 Neighborhood Commercial (C -1)
.01 Flat signs, with an aggregate sign area of not mote than fifteen
(15) percent of the total area of walls fronting on a street.
No one sign shall have an area of more than one hundred (100)
square ,feet. Illuminated signs inside of show windows and within
five (5) feet thereof shall be included in the computation of
aggregate sign area and, in addition, shall be limited to twenty
(20) percent of the total glass area of the window in which they
are located. Neon tubing outlining a show window shall be in-
cluded in aggregate sign area and shall be measured by multi-
plying the length of the tubing by six (6) inches.
.02 A detached sign, not to exceed forty (40) square feet in area.
When a building on the property is of multiple occupancy and
the property has a frontage of fifty (50) feet or more, the
detached sign may have an additional one (1) square foot of
area for each five (5) feet of frontage in excess of fifty (50)
feet. The total sign area; however, shall not exceed one hun-
dred (100) square feet. The setback for detached signs shall
be as follows,
39
6 -3 -6.02
Total Sign Area
Minimum Front Setback
(square feet)
('feet)
40 and under
7.0
41 -50
7.5
51 -60
8.5
61 -70
9.5
71 -80
10.5
81 -90
11.0
91 -100
12.0
.03
Temporary, non- illuminated paper signs in- show - windows limited
to twenty (20) percent of
the total glass area of the window in
which they are placed,.
.04
Directional signs, not to
exceed a total of five (5) square 'feet
in area, giving direction
to motorists regarding the location
of parking areas and access drives. These signs shall be permit -
ted as accessory signs and not included in any computation of
total sign area.
.05
A temporary, non - illuminated sign, not to exceed ten (10) square
feet in area, advertising
the property for sale or lease.
.06
A temporary, non - illuminated sign, not to exceed sixty -four (64)
square feet in area, erected in connection with new construction
work and displayed on the
premises only during the progress of
actual construction.
'
6 -3 -7 Downtown Commercial (C -2)
.61 Flat signs, with a total agregate sign area not to exceed twenty
(20) percent of the area of walls fronting on a street, and with
no one sign to exceed one hundred (100) square feet in area.
Illuminated signs inside of show windows and within five (5)
feet thereof shall be included in the computation of aggregate
sign area and, in addition, shall be limited to twenty (20) per -
cent of the total glass area of the window in which they are
placed. Neon tubing outlining a show window shall be included
in aggregate sign area and shall be measured by multiplying the
length of the tubing by six (6) inches.
.02 A projecting sign, not to exceed four (4) square feet in area,
for each business establishment on the premises.
.03 Temporary, non - illuminated paper signs in show windows, not to
exceed twenty (20) percent of the total glass area of the window
in which they are placed.
.04 Directional signs-not to exceed a total of .five (5) square feet
in area, giving direction to motorists regarding the location
of parking areas and access drives. These signs shall be per-
mitted as aceotbory signs and not Included in any computation
of total sign area.
40
6 -3 -7.05 A temporary, non-illuminated sign, not to exceed ter. (10) square
feet in area, advertising the property for sale or lease.
.06 A temporary, non - illuminated sign, not to exceed sixty -four (64)
square feet in area, erected in connection with new construction
work and displayed on the premises only during the progress of
actual construction.
6 -3 -8 Arterial Commercial (C =3)
.01 The total area of all signs on the premises shall not exceed
two (2) square feet for each lineal foot of frontage with the
- aggregate total not to exceed four hundred (400) square feet
in area.
.02 Flat signs, with a total aggregate sign area not to exceed
twenty -five (25) percent of the area of walls fronting on a
street, and with no one sign to exceed one hundred and fifty
(150) square feet in area.
.03 A projecting sign, not to exceed forty (40) square feet in area,
for each business establishment on the premises.
.04 A detached sign, not to exceed sixty (60) ;square feet in area.
When a building on the property consists of a multiple occupancy
and the property has a frontage of fifty (50) feet or more,
the detached sign may have an additional one (1) square foot
of area for each five (5) feet of frontage in excess of fifty
(50) feet. The total sign area, however, shall not exceed three
hundred (300) square Feet. The setback for detached signs shall
be as follows;
Total Sign Area Minimum Front Setback
(square feet) (feet)
60 and under 8,0
61 -80 9..0
81 -100 10.0
101 -120 1.1.0
121 -140 12.0
141 -160 13.0
161 -180 14.0
181 -200 15.0
201 -220 16.0
221 -240 17.0
241 -260 18.0
261-280 19.0
261 -300 20.0
,05 A roof sign, not to exceed two hundred (200) square feet in area
or twenty -five (25) feet in height beyond the goof of the building.
41
.0b 7--rectd -1 Sign, to exceed Five (5') square feet in area,
giving directions to motorists regarding the location of parking
areas and access drives. These signs shall be permitted as
accessory signs and not included in any computation of total
sign area,.
.07 A 'temporary non - illuminated sign, not to exceed ten (10) square
feet in area, advertising the property for sale or lease.
.08 A temporary non- i- lluminated wign, not to exceed sixty (60) square
feet in area, erected in connection with new construction work
and displayed on the premises only during the progress of actual
construction.
6 -3 -9 Intensive (I)
.01 Name plates, not to exceed one (1) ;square foot in area, to
identify the owner or each occupant of the building.
.02 A non - illuminated flat sign, not to exceed one hundred (100)
square feet in area.
;03 A projecting sign, not to exceed twenty -five (25) square feet
in area, for each business establishment on the premises.
.04 A 'temporary non - illuminated sign, not to exceed ten (10) square
feet in area, advertising the property for sale or lease.
05 A temporary non - illuminated sign, not to exceed sixty (60) square
feet in area,, erected in connection with new construction work
and displayed on the premises only during the progress of actual
construction.
4
ARTICLE VTI
OFF- STREET PARKING REGULATIONS
7 -:1 GENERAL REQUIREMENTS
For the purpose of these regulations, an off - street parking space
shall be defined as an all- weather surfaced area, not in a;street
or alley, permanently reserved for the temporary storage of one (1)
automobile, and connected with a street or alley by an all- weather
surfaced driveway which affords vehicular access without requiring
another automobile to be moved.
7 -1 -1 Space Requirements
All uses and special uses, including those of an accessory nature,
which are permitted by this ordinance, shall be required to pro-
vide a certain number of off - street parking spaces based on the
criteria set forth in the accompanying chart.
.01 Floor area as used in the chart shall be as defined in Article X.
.02 Where fractional spaces result, the parking spaces required shall
be construed to be the next highest whole number.
.03 Space requirements for a, use not specifically listed in the chart
shall be the same as fora listed use of similar characteristics
of parking demand generation.
.04 Whenever a building or use constructed or established, after the
effective date of these regulations, is changed or enlarged in
floor area,, number of dwelling units, seating capacity or other-
wise, to create a need for an increase of ten (10) percent or
more in the number of existing parking spaces, such spaces shall
be provided on the basis of the enlargement or change.
7 -1 -2 Parking in yards
Parking shall be permitted in required yard setback areas, except
as modified or prohibited below or by other provisions of this
Ordinance.
.01 In the 90 District, parking shall not be allowed in the front yard.
.02 In the RS and RB Districts; parking of commercial vehicles of
one -ton or greater capacity shall not be permitted.
.03 In districts where they are permitted, parking structures or
garages shall not project beyond the required ,yard setback lines,
-1-3 Joinc ttse and_OfE -Site racilittes
101. All parking spaces required herein shall bd located an the aam lot
with the building of use served, except that whare an incraase lit
the nucbdr of spacea are provided collectively or aged Jointly by
two or tote buildi:nga or +eetabiiab. nta# the required apace.§ tay
43
7 -1 -1 Snace Requirements Chart
Use
Spaces Required
Additional
Single - family,; duplex, clus-
2 per unit
ter or townhouse dwelling'
unit
Apartment, condominium or
Efficiencies
l per every 10 units
cooperative dwelling unit
Studios s)1.5 per unit
1 bedroom
2 or more bedrooms -
2 per unit
Hotel or motel
1 per unit room or suite
2 at office
Church, temple or other
I per '3 seating spaces in
place of worship
main assembly room
Fraternal organization or
1 per 100 sq. ft. of
1.5 per sleeping room
private club
gross floor area
Restaurant or other estab-
1 per 100 sq.ft. of
Drive -ins subject to
lishment for consumption of
gross floor area, or
Council approval:
food or beverages on premisei
1 per 4 seats, whichever
Minimum of 20 spaces
is greater
Hospital
1.75 per bed
Convalescent home or similar
1 per 500 sq.ft. of
institution
gross floor area
Office, studio or clinic
1 per 350 sq.ft. of
3 spaces minimum
---gross floor area
Funeral home
1 per ,50 sq.ft.. of
See Special Use require-
Public area
ments
Retail, service or bank
l per 300 sq.ft. of
2 spaces minimum:
establishments
gross floor area
Food stores over 4000
sq.ft., l per 100 sq.ft.
of gross floor area
Animal hospital
1 per 400 sq.ft. of
ross floor area
Auditorium, theater, gymna -
l per 4 seats or seating
sium or convention hall
spaces
Bowling alley
5 per alley
Amusement place, dance hall,
1 per -4 seats or seating
swimming pool, or exhibition
spaces
hall without fixed seats
Printing, publishing, or
1 per 300 sq.ft. of
broadcasting
gross floor area
Warehouse
1 per 1000 sq.ft of
gross floor area
44
be located and maintained not to Exceed three hundred (30C) feet
from an institutional building served, and not to exceed five
hundred ('500) feet from any other non- residential building served.
.02 Up to fifty (50) percent of the parking spaces required for a
theater, auditorium, or night club, and up to one hundred (100)
percent of the parking spaces required for a church may be pro -
vided and used jointly by banks, offices, retail stores, repair
shops, service establishments, and similar uses not normally
open, used or operated during the same hours as those listed
above; provided however, that written agreement thereto is pro-
perly executed and filed as specified below.
.03 Where required parking spaces are not located on the same lot
with the building or use served, or where such spaces are col-
lectively or jointly provided and used, a written agreement
thereby assuring their retention for such purposes, approved
as to 'form by the City Attorney, shall be filed with the applica-
tion for -a building permit.
7 -2 DESIGN STANDARDS
7 -2 -1 Minimum Size
The minimum dimensions of an off- street parking space shall be nine (9)
feet by twenty (20) feet and have an area of not less than one hundred
and eighty (180) square feet, exclusive of 'driveways.
7 -2 -2 Design Alternatives
The arrangement and layout of off - street parking spaces shall comply
with the design specifications as set forth in the accompanying
chart, which establishes several acceptable alternatives relating-
distances, dimensions and angles.
7 -2 -3 'Drainage.
Off- street parking areas shall be drained to prevent damage to abut-
ting properties, streets and alleys, and surfaced with erosion re-
sistant material in accordance with applicable city specifications..
7 -2 -4 Maintenance
Off - street parking areas shall be maintained in a clean, orderly,
and dust -free condition at the expense of the owner or lessee and
not used for the sale, repair or dismantling or servicing of any
vehicles, equipment, materials or supplies.
7 -2 -5 Markinm
Off- street parking areas with more than "ten (10) spaces shall be
marked by painted lines, curbs or other means to indicate individual
spaces. Signs or turkers shall be used as necessary to insure ef-
ficient traffic operatioa of the lot.
45
OFF-STREET PARKING STANDARDS
CITY OF SOUTH MIAMI
PARALLEL PARKING
20.0' 22."
-IAII... LINE
NO PARKING TYPICAL IlPA..
MANEUVERING - 10' ONE WAY
AREA 29 , TWO WAY
300 ANGLE PARKING
18V 26.0'
PAVING LINE'
MANEUVERING 10' ONE WAY
AREA 22' TWO WAY
37.50 ANGLE PARKING
Z ;7AVINS LINE
�EUVWNG I" 0 ME WAY
AREA A. TWO WAY
450 ANGLE PARKING
01-le I - 12.74 _12 I' j 2 7'
F_ T_ I 'I
"VI a LINE
MANEUVERING 114, 61119 *At
AREA n. two *At
52.50 ANGLE PARKING
C- PAVING LINE
bry
cli
MANEUVERING — 18' ONE WAY
AREA 22' TWO WAY
60 ANGLE PARKING
7.8' 1 10.4' 1 10.4' 1 10.4'
PAVING LINE
0
MANEUVERING — ill', ONE WAY
AREA 22 TWO WAY
900 PARKING
L 10.0, 9.01 1 9.0' 9.0 9.0
• PAVING LINE
'0
d
cli
MANCUV9211014 — IS: amc WAY
AREA 23 TWO WAY
ENTRANCE—EXIT
Milo- ONrvA
22 MmN' 1110 lAl
.00
MOCOALit NAMP
Noltsl
11. A l.*4 tWic9itt 6$#At.L ijir; mAivirmi4to ##*bm rmsobjus.I5 Avjutt*$t& WA#,ftv0*5 A*itA,
"*ccA§t t#5*3t,#f*vr, r-u#a waptc lotopo t"ALt_ m qxf;itb At tokcv# IiIA;Lv�
bv**9tft".
' -2-6 Lig $, `i.ng
Lighting shall be required to provide adequate illumination of off -
street parking spaces if they are to be used at night:. The lighting
shall be arranged and installed to minimize glare on properties in
adjacent residential districts.
7 -2 -7 Entrances and Exits
Entrances and exits shall not be located where they might create
undue traffic problems. Landscaping, curbing, or approved barriers'
shall be provided along lot boundaries to control the entrance and
exit of vehicles or pedestrians. All egress and ingress to off-
street parking areas shall be so designed as to prohibit backing
out of vehicles into public rights -of -way.
7 -2 -8 Protective Separations
Off- street parking ;spaces shall be separated from walkways -, sidewalks,
streets or alleys by an approved wall, fence, curbing or other pro-
tective device.
7 -2 -9 Landscaping
Landscaping for all off- street parking areas shall be required ac-
cording to the provisions of the Metropolitan Dade County Off- Street
_. Parking landscape Ordinance, as amended (Ordinance No. 67 -75, February
1968).
ARTICLE VIII.
SUPPLEMENTARY REGULATIONS
The regulations set forth in this Article qualify or supplement the
District Regulations appearing elsewhere in this Ordinance.
8 -1 VISION
When an accessway intersects a public right- of -way or when property
abuts the intersection of two or more public rights -of -way,, all
landscaping (fences, walls, gateways, ornamental structures and
other fixtures) within the "triangular areas described below shall .
provide unobstructed cross - visibility at a level between three (3)
feet and sic (6) feet, provided however, trees or palms having limbs
and foliage trisected in such a scanner that no limbs or foliage ex-
tend into the cross- visi'bil.ity area shall be allowed, provided they
are so located so as not to create a traffic hazard. The triangular
areas referred to include;
a# the area of property on both aided of an acceasway ,formed b;
the i.nteraection of each tilde of the deceasway and public
right =o +uay li.na with two sides of each triangle being 'ten
(ill) feet in length from the point of intersection and the
third aide being a 'l tee connecting the ends of the two other
sideao and
4:
8 -2
8 -2 -1
8 -2 -2
8 -2 -3
b. the area of 'property located at a Corner formed by the inter-
section of two or more public rights -of -way with two sides
of the triangular area being twenty (20) feet in length along
the abutting public right -of -way lines, measured from their
point of intersection, and the third side being a line con-
necting the ends of the other two lines.
MODIFICATION OF HEIGHT REGULATIONS'
General Exceptions
Height regulations as established in these regulations shall not
apply to the following:
.01 Chimneys
.02 Church spires
.03 Conveyors
.04 Cooling 'towers
.05 Elevator bulkheads
.06 Fire towers
.07 Flag poles
.08 Monuments
.09 Ornamental towers and spires
.10 Radio and television towers less than 125 feet in height
.11 Tanks
.12 Water towers
Public and 'Semi- public
Public and semi - public uses, including public service buildings,
hospitals, institutions, and schools, when permitted in a district,
may be erected to a height not exceeding sixty (60) feet, and churches
and temples may be erected to a height not exceeding seventy -five
(75) feet when the required side and rear yards are each increased
by at least one (1) foot for each one (1) foot of additional build.
ing height above the height regulations for the district in which
the building is located.
FAA Limitations
Notwithstanding other provisions of these regulations, the height
of all structures and natural growth shall be limited by the require-
ments of the Federal Aviation Agency and any airport zoning regula-
tions applicable to such structures and natural_ growth.
8 -3 YARDS, GENERALLY
8 -3 -1 Protections
01 Every part of a required yard shall be open to the sky, except
as authorized by this Article, and ordinary projections of sills,
belt courses, roof overhangs, window air - conditioning units, chim-
neys, cornieds, cantilevers, and ornamental features, which may
project to a distance not to exceed thirty -six. (36) inches into
a required yard,
41
8 -3 -,1.02 movable awnings mav'be placed over doors or windows in any re-
quired yard, but such awnings shall not project closer than two
(2) feet to any lot line or be vertically supported.
.03 A canopy shall be permitted to extend from the entrance door to
the street line of any main building in multiple- family residen-
tial and commercial districts. Where a sidewalk and curb exist,
the canopy may extend to within eighteen (18) inches of the curb
line. Such canopies shall not exceed fifteen (15) feet in width
or twelve (12) feet in height or be screened or enclosed in any
manner and shall provide an unobstructed, clear space between
the grade and the bottom of the valance of at least six and one-
half (6h) feet.
8 -3 -2 Side 'Streets
Where these regulations refer to side streets as related to corner
lots, the Planning Board shall be guided by the pattern of develop-
ment in the vicinity of the lot in question in determining which
street is the side street.
8 -3 -3 Building Relationships
.01 In the event that a : -lot is to be occupied by a group of two or
more related buildings to be used for residential, institutional,
hotel, or motel purposes, there may be more than one main build-
ing on the lot,, but in no case may such buildings be closer to
each other than fifteen (15) feet.
.02 Where a lot is used for a commercial purpose, more than one main
building may be located on the lot; but only when such buildings
conform to all yard requirements around the lot for the district
in which the lot is located.
8 -4 ACCESSORY USES
Except as herein provided, no accessory use shall project beyond
a required yard setback line along any street.
8 -4 -1 Service Station Pumps
Service station pumps and pump islands, without roof structures or
with roof structures and not attached to a main 'building, may occupy
required yards; provided, however, that pumps, pump islands and
roof structures are not less than fifteen (15) feet from public
right -of -way lines.
8 -4 -2 Swimming pools
Swimming pools, Open and uhentlosed, or covered by a screen enclosure,
or a screen enclosure not covering a swimming pool, may occupy a
required rear or side yard provided that they are not located closer
than seven and a half (?�) feet to any lot line. A calk , space- at
least. eighteen (18) ineh@s aide shall be provided between pool walls
and fences or screen enciosut* walls. Every swim —ilk; pool shall
be protected by either of the approved safety barriers belov..
0
8 -4 =2.01 A chain link wire fence of at least four (4) feet in height
that shall beat least eleven (11) gauge galvanized wire with
a maximum distance between wires of two (2) inches.
,02 Any enclosure, other than the standard chain link 'type, shall
be shown in complete detail on submitted, plans. Such detail
shall include spacing between the vertical and horizontal wires,
spacing and slope of louvres, spacing of posts, etc,.
8 -4 -3 Rear Accessory Buildings
Accessory buildings may be constructed in a rear yard, provided
such accessory building does not occupy more than thirty (30)
percent of the area of the required rear yard and provided it is
not located closer than five (5) feet to a rear or interior side
lot line. A screen enclosure shall be included in the computation
of area occupied in a "required rear yard,.
8 -4 -4 Tents
Tents and canvas cabanas for temporary shelter, not used for over-
night sleeping or containing cooking facilities, shall be considered
as accessory buildings and subject to the same regulations as other
accessory buildings. Tents not accessory to a permitted use are
covered under other se ^tions of these regulations.
8 -4 -5 Boats and 'Trailers
Permitted accessory storage of a boat on trailer only. Camp trailers
shall not be permitted in a front yard.
8 -4 -6 Bomb Shelters
Fallout and bomb shelters shall be subject to the same yard require-
ments and exceptions as other accessory buildings except that a fall-
out or bomb shelter of design approved by the Building Official may
be constructed in any required yard, if buried in the ground and,
except for ventilators, periscopes, and protected, entrance stairway,
covered with a landscaped mound of earth extending no more than
eighteen (18) inches above the surface of the surrounding yard,
8 -5 LOT OF RECORD
If the owner of a lot in any district does not own a parcel. or tract
of land immediately adjacent to such lot, and if the deed or instru-
ment under which such owner acquired title to such lot was of record
prior to the application of any zoning regulations to the premises*
or if such lot were created and first recorded in compliance with
the zoning regulations in effect on the lot at the time of recording,
and if such lot does not conform to the requirements of such regula-
tions as to the width of lots and lot area, the provisions of such
lot area and lot: width regulations shall riot prevent the owner of
such 'lot from erecting a single - family dwelling or ;caking dater im
ptowtwnta ern the lot, provided such improvements conform In all
other trrespdets to applicable zoning regulations.
so
8 -6
FENCES AND WALLS
8 -'6 -1
Location
All walls and - fences may be erected on the property line, but shall
not extend beyond official right -of -way lines or project on or over
abutting property.
8 -6-2
Height
.01
Fences and walls higher than five (5) feet above grade are pro-
hibited on or abutting on property zoned or used for residential
purposes except as provided below.
.02
Open woodwork, concrete louvre, or cane decorative fences shall
be permitted to a height of six (6) feet on property zoned or
used for residential purposes, provided that such fences shall
not extend into the front setback area of the property involved.
.03
Fences and walls higher than eight (8) feet above grade are pro-
hibited on property zoned for commercial or industrial usage.
8 -6 -3
Barbed Wire
Fences constructed wholly or partially of barbed wire are prohibited,;
except that fences or walls exceeding six (6) feet in height in an
industrial or commercial district may be topped by an extension of
not more than sixteen (16) inches in lengC` bearing not more than
three (3) strands of barbed wire. The use L,' electrically charged
fences is prohibited in all districts.
8 -7
OFFICIAL RIGHT -OF -WAY WIDTHS
8 -'7 -1
Arterial Highways
.01
Bird Road, also known as S. W. 40 Street; Miller Road, also known
as S. W. 56 Street; Sunset Drive, also known as S. W. 72 Street;
and Red Road, also known as S W. 57 Avenue, shall be one hundred
(100) feet in width.. North Kendall Drive, also known as S. W.
88 Street, shall be eighty (80) feet in width. No structure
other than utility poles shall be placed closer than one -half
of the official width plus the setback of the building line there-
from as required in the district in which said structure is lo-
cated to the center line of said road.
.02
U. Si Highway No. 1, also known as South nixie Highway, which
shall be one hundred and sixteen (116) feet in Width, or as
required by the State Department of 'transportation, including
a fifty (50) font wide strip on the southeast side corresponding .
to that established in the unincorporated area of bade County
for said highway. Except where existing, structures prevent,
all measurements for setback of building lines shall be made
frnzn a line parallel to the centerline of said highway and eighty-
three (83) feet thereftcrn on the southeast side and thirty -three
(33) feet therefm the n€rthwest side.
51
8' -`7 -2 Other Rights -of -Way
Section and half section . line roads shall be a minimum of seventy
(70) feet wide, and all other streets shall be a minimum of fifty
('50) feet wide.
8 -7 -3 Alleys
Alleys shall be a minimum of twenty (20) feet wide.:
8 -8 SIDEWALKS, CURBS AND GUTTERS
No building or premises shall be erected or enlarged in;RB- 1,!RB -2
RM -1, RM -2, RM -3, RD, CO, C -1, C -2, C -3 or I Districts unless side-
walks, curbs and gutters are properly 'installed in accordance with
City requirements, and no 'certificate of occupancy shall be issued
for buildings in said districts until such time as the aforementioned
sidewalks, curbs and gutters are installed.
ARTICLE IX
NONCONFORMING USES
9 -1 NONCONFORMING USE OF LAND
A use approved as a nonconforming use of land shall be considered
a ,conforming use so long as the conditions of the approval are met.
9 -2 NONCONFORMING SIGNS
Where a sign does not comply with the provisions of these Regulations,
such sign and supporting structures, other than a' building, shall
be removed not later than one (1) year from the date of passage of
these Regulations. A nonconforming sign painted on the wall of a
building or similar flat surface shall be removed by painting so
as to completely obliterate the sign. Supporting structures for
nonconforming signs may continue in use for a conforming sign if
they comply in ell respects with the applicable requirements of
these Regulations and other codes and ordinances. Nonconforming
signs may continue in use during the one -year period unless subject
to removal under other provisions of these regulations, but no
permits for additional signs shall be issued for any premises on
which there are any nonconforming signs.
9 -3 NONCONFORMING USE OF BUILDINGS
Except as otherwise provided herein, the ;awful use of a building
existing at the effective date of these regulations may be con-
tinued* although such use does not conform to the provisions here-
in. If no structural alterations are made, a nonconforming use
of a building may be changed to another nonconforming use of a
note restricted classification. Aenever a nonconforming use has
been changed to a note tdatrieted use or to a conff:owing use, such
use shall not thereafter be changed to a less restricted use.
The noned if6ming use of a Building thAy be hereafter extended
rth "ughoa9t those parts of a building which were lAwfully and fni-
featly ar €afitged or designed for such u§e at the tide of passage of
these P—egulationa.
52
9-4 DISCONTINUANCE OF PONCONFORMING USES
No building or land, or portion thereof used in whole or in part,
for a nonconforming use which; remains idle or unused for a continuous
period of ninety (90) days, whether or not the equipment or fixtures
are removed, shall again be used, except in conformity with the
regulations of the district in which such building or land is located.
9 -5 DESTRUCTION OF A, NONCONFORMING USE
No `building which has been damaged by any cause whatever to the ex-
tent of more than fifty (50) percent of the fair market value, of
the building immediately prior to damage, shall be restored except
in conformity with these Regulations and all rights as a noncon
forming use are terminated. If a building is damaged by less than
fifty (50) percent of the fair market value, it may be repaired or
reconstructed and used as before the time of damage, provided that
such repair or reconstruction is started within sixty (60) days of
such happening and completed within twelve (12) months of the date
of such damage.
9 -6 INTERMITTENT OR ILLEGAL USE
The casual, intermittent, temporary, or illegal use of land or
buildings shall not be sufficient to establish the existence of _a
nonconforming use and the existence of a nonconforming use on the
part of a lot or tract shall not be construed to establish a non -
conforming use on the entire lot or 'tract.
9 -7 EXISTENCE OF A NONCONFORMING USE
The Building Official shall make an initial determination of the
existence of a nonconforming use and in so doing may make use of
affidavits and such investigation as he may determine to be neces-
sary. In case of doubt and on a specific question raised, whether
a nonconforming use exists shall be a question of fact and shall
be considered by the Planning Board after public notice and hearing
and in accordance with the rules of the Board.
9 -8 BUILDINGS NONCONFORMING IN HEIGHT, AREA, OR BULK
A building nonconforming only as to height, area, or bulk require-
ments may be altered or extended, provided such alteration or ex-
tension does not increase the degree of nonconformity in any respect,
9 -9 NONCONFORMING USES NOT VALIDATED
A nonconforming use in violation of a provision of the Regulations.,
which these Regulations amend or replace, shall not be validated
by the adoption of these Regulations unless it complies with the
terms of these Regulations.
53
ARTICLE X
DEFINITIONS
10 -1 -1 GENERAL RULES OF CONSTRUCTION
The following general rules of construction shall apply to this
Ordinance.
.01 The singular number includes the plural and the plural the singular,
unless the context clearly indicates the contrary.
.02 Words used in the present tense include the past and future tenses,
and future the present.
.03 The word "shall" is always mandatory and not directory. The
word "may" is permissive.
.04 The word "building" or "structure" includes any part thereof,
and the word "building" includes the word "structure."
.05 Words and terms not defined herein shall be interpreted in accord
with their normal dictionary meaning.
10 -1 -2 DEFINITIONS
For the purpose of this Ordinance, certain terms and ;ords are
hereby defined.
.01 Accessory Building, A detached subordinate building or a portion
thereof, the use of which is incidental to and customary in con-
nection with the main building or use and which is located on
the same lot with such main building or use. Where there is no
main building on the lot an accessory building shall be considered
as a main building for the purpose of height, area and bulk reg-
ulations.
.02 Accessory Use. A subordinate use which is incidental to and
customary in connection with the main building or use and which
is located on the same lot with such main building use.
•03 Aggregate Area or Width. The sum of two or more designated areas
or widths to be measured, limited, or determined under these
Regulations.
.04 Alcoholic Beverage. As defined by Section 561.01 (7), Florida
Statutes.
05 Ai1ev. A public or private thoroughfare which affords only a
secondary means of access to abutting property and which is not
otherwise desig ated as a street.
.06 Apartment. see Dwelling knit.
54
10 -1 -2.07
Apartment Hotel. A building designed for or containing both
apartments and individual guest rooms or rental units, under
resident supervision and which maintains an inner lobby through
which all tenants must pass to gain access to apartments, rooms
or units.
.08
Automobile Rental. The business of renting passenger cars to
the public.
.09
Awning. A detachable, rooflike cloth cover, supported from the
walls of a uuilding for protection from sun or weather.
.10
Bar. Any place devoted to selling or dispensing and drinking
alcoholic beverages, or any place where a sign is displayed
indicating that alcoholic beverages are obtainable for consump-
tion on the premises, and 'where entertainment is provided by
no more than one person at a time.
.11
Basement. That portion of a building between the floor and ceil-
ing which has at least one -half of its height below the ,grade
of the adjoining ground, and the ceiling of which is not more
than four (4) feet, six (6) inches above grade.
.12
Bathhouse or Locker Room. A bathhouse or bathhouse - room shall
mean an enclosure of one (1) or more spaces serving as dressing
rooms for bathers, together with sanitary facilities for such
area. These rooms may be provided in the basement area of the
`
main building or in an accessory building. Under no condition
shall such area or occupancy be permitted as sleeping or living
quarters.
.13
Breezeway. A covered passageway or space between the main
building and an accessory building, open on two sides and the
roof of which is structurally integrated with the buildings
is separates.
.14
Buildable Width. The width of the lot left to be built upon after
the required side yards are provided.
.15
Building. Any structure having a roof supported by columns or
walls for the ,shelter or enclosure of persons or property.
.16
Building, Coilmoletely Enclosed. EA 'building having no Outside
openings, other than ordinary doors, windows and ventilators.
,1Z
Building, Height: The vertical distance from the grade to
(a) the highest point of a flat roof; (b) the deck line of a
mansard roof; or (c) the average height between eaves and ridge
for gable, hip, and gambrel roofs; or (d) the average height
between high and low points of a shed roof.
.18 Building Line. That line which denotes the perimeter line within
which a building may be built.
55
10 -1 -2.19 Building Official. The City official responsible for building
and zoning inspection and the issuance cl p,--mits in this _espesL,
or a duly authorized person acting in the same ,capacity.
.20 Bulk. A term used in these regulations to describe the size and
shape of a building or structure and its relationship to other
buildings, to the lot area for a building, and to open spaces
and yards
.21 Canopy. A detachable, rooflike cloth or metal cover, supported
from the ground, or deck or floor of a building, and from the
walls of a building for protection from sun or weather.
.22 Carport. A canopy, rooflike structure, or shed, open on three
sides and attached to the main building for the purpose of pro-
viding shelter for one or more motor vehicles.
.23 Carwash. Any building or structure which uses specialized mechan-
ical devices for the washing of motor vehicles.
.24 Centerline, Street. A line parallel or nearly parallel to the
right -of -way lines of a highway or street and halfway between
them as established by the Building Inspector.
.25 Clinic. An establishment where patients are not lodged overnight,
but are admitted for examination and treatment by a group of phy-
sicians or dentists practicing medicine together. The term does
not include a place for the treatment of animals..
.26 Club, Private. Buildings and facilities or premises used or
operated by an organization or association for some common pur-
pose, such as but not limited to, a fraternal, social,, educa-
tional or recreational purpose, but not including clubs organized
primarily for profit or to render a service which is customarily
carried on as a business. Such organizations and associations
shall be incorporated under the laws of Florida as a 'non- profit
corporation and such corporation's major purpose shall not be
for the purpose of serving alcoholic beverages to its members
or others.
.27 Comprehensive Plan. The comprehensive development plan for the
City of South Miami.
28 Convalescent Home. A building where regular nursing care is pro-
vided for more than one person not a member of the family which
resides on the premises.
.29 Court. An open space which may or may not have direct street
access and around which is arranged a single building or a group
of related buildings.
.30 »ay. Nursery Any establishment providing care of children during
the day, but not overnight, including four or more children not
members of the resident family, nurseries for children of working
mothers, kindergartens, and nursery schools for children under
the minimum age for admission to public schools, or for after
school rare of school children, and other establishcj-dnt.§ of a
sitriiar nature
56
i0 -1 -2. s1 Dibtrict. Any E,2ctiot, of the City of South Miami within which
the zoning regulations are uniform.
.32 District, Commercial. Any district designated for business or
commercial purposes under Articles III or V of this Ordinance.
33 District, Residential, Any district designated for residential
purposes under Articles III or V of this Ordinance.
.34 Drive -In. A term used to describe an establishment designed or
operated to serve a patron while seated in an automobile parked
in an off- street parking space.
.35 Dwelling. A building or portion thereof, designed or used ex-
clusively for residential occupancy, but not including camp
trailers or mobile homes.
.36 Dwelling, Single - Family. A' building designed for or occupied
exclusively by one family.
.37 Dwelling, Single - Family Detached. A single- family dwelling
surrounded by yards or Other open spaces on the Same lot.
.38 Dwelling, Multi - Family. A building designed for or occupied by
three or more families.
.39 Dwelling Unit. A room, or group of rooms, occupied or intended
to be occupied as separate living quarters by a single family
or other group of persons living together as a household, or
by a person living alone.
.40 Family. An individual or two or more persons related by blood
or marriage, or a group of not more than five persons who need
not be related by blood or marriage, living together as a single
housekeeping unit in a dwelling.
.41 Fence. A structure forming a physical barrier which is do con-
structed that no less than fifty (50) percent of the vertical
surface is open to permit the transmission of light, air, and
vision through such surface in a horizontal plane. (For board
and other solid barriers, see Wall.)
.42 Floor Area. The sum of the gross horizontal areas Of the severs
floors of a building or buildings, measured from the exterior
faces of exterior walls or from the centerline of walls separating
two attached buildings. In particular, floor area includes space
used for.,
a. Any permitted activity.
b. Elevator shafts or stairwells at each floor.
c. Vigehanical equipoent roams,
d. Fenthousea.
e. Attics, providing structural headroom of seven (7) feet,
stir (6) inches y Ot tWd,
f. `lnt@r1or hails, baitonl @a or 2Jftln".
Eftelosed patches.
51
10 -1 -2.42
h. Accessory buildings.
i... Measured floor area, less one hundred eighty square feet,
for a private garage, attached or detached, accessory to
a single - family dwelling.
However, floor area shall not include space used for:
a. Basements.
b. Accessory water !tanks or cooling towers.
c. Uncovered steps and exterior balconies.
d. Attics, providing structural headroom of less than seven
(7) feet, six (6) inches.
e. Terraces, breezeways, screen enclosures, or open porches.
.43 Floor Area Ratio. The floor area of the building or buildings
on any lot divided by the area of the lot.
.44 Frontage, Street.. The distance along a street line from one
intersecting street to another or from one intersecting street
to a dead -end street.
.45 Frontage, Lot The distance for which the front lot line and
the street line are coincident.
i46 Garage, Parking. A building or part thereof, used for indoor
parking of private passenger vehicles for use of residents in
the vicinity.
.47 Garage, Repair. A building or portion thereof, other than a
community, private, or storage garage, designed or used for
equipping, servicing, repairing, hiring, selling, storing,
or parking motor - driven - vehicles. The term "repairing" shall
not include an automotive body repair shop nor the rebuilding,
dismantling, or storage of wrecked or junked vehicles.
.48 Garage, Storage. A building or portion thereof, designed or
used exclusively for term storage of motor- driven vehicles, as
distinguished from daily storage, and at which motor fuels and
oils are not sold and motor - driven vehicles are not equipped,
repaired, hired, or sold.
.49 Grade, The average ,level of the finished surface of the ground
for buildings more than five (5) feet from a street line. For
buildings Closer than five (5) feet to a street line, the grade
IS the sidewalk or curb elevation at the center of the building.
If there is more than one street, an average sidewalk or curb
elevation shall be used. If there is no sidewalk or curb, the
Building Inspector shall establish the sidewalk grade.
.50 tle„ i 44 tow of bushes or shall treks planted close together in
such a. man ier as to lorry a boundary or barrier.
��u
10 -1 -2.51 Home Occupation. any occupation within a dwelling and clearly
incidental thereto, carried on by a member of the family residing
on the premises, provided that no person not a resident of the
premises is employed, no -stock in trade is kept or commodities
sold, and there is no exterior indication other than a sign per-
mitted by the district regulations, that the building is being
used for any purpose other than a dwelling.
.52 Hospital. A building or group of buildings., having room facil-
ities for one or more overnight patients, used for providing
services for the in- patient medical or surgical care of sick
or injured humans, and which may include related facilities
such as laboratories, out - patient departments, training facil-
ities, central service facilities, and staff offices; provided,
however, that such related facility must be incidental and sub-
ordinate to the main use and must be an integral part of the
hospital operations.
.53 Hotel_ A building in which lodging, or boarding and lodging,
are provided and offered to the public for compensation, and
in which ingress and egress to and from all rooms are made
through an inside lobby or office supervised by a person in
charge at all times As such, a hotel is open to the public,
in contra - distinction to a boarding or 'lodging house, apartment
hotel,, or multiple dwelling.
.54 Loading Space. A space within the main building or on the same
lot providing for the standing, loading, or unloading of trucks.
.55 Lot. Land occupied or intended for occupancy by a use permitted`
in these Regulations including one main building, together -with
its accessory buildings, and the yards, loading, and parking
spaces required herein and having its principal frontage upon
a street or upon an officially approved place.
.56 Lot Area. The total horizontal area within the lot lines of the
lot.
.57 Lot. Corner. A lot abutting upon two or more streets at their
intersection.
.5$ Lot Caverage or Ground Coverage: The area of the lot occupied
by the ground floor of all buildings, main and accessory, measured
from the exterior faces of exterior walls, or from the exterior
faces of supporting exterior columns for any portion of the
ground floor not enclosed by exterior walls or from the center-
line of walls separating two buildings.
.59 Lot, Depth. The mean horizontal distance between the front and
rear lot lines.
160 Lot. Interior, t`, lot* other than a corner lot.
.rrt, . o�i. a i rot hiving :t6 aide `ot linea coincident on one or
both aidea with the rear lot lines of adjacent lots.
51)
10- 1 -2.6�- Lot Line. The boundary lin. of a l:>t.
.63 Lot of Record. A parcel of land shown on a recorded plat or
any parcel of land described by a legally recorded deed.
64 Lot, Through (Double Frontage). An interior lot having frontages,
on two parallel or approximately parallel streets.
.65 Lot Width. The horizontal distance between the side lot lines .
measured at the required front yard line and parallel to the
front street line.
.66 Main Building. Any 'building which is not an accessory building.
.67 Mezzanine. An intermediate floor in any story or room with
floor area not exceeding one -third (1/3) the total floor area
in that room or story in which the mezzanine occurs and with
clear height above or below the mezzanine floor construction
not less "than seven (7) feet.
.68 Mixed or Multiple Occupancy. Occupancy of a' building or land
for more than one use.
.69 Motel. A building, in which 'lodging, or boarding and 'lodging,
are provided and offered to the public for compensation. As _
such, it is open to the public in contra - distinction to a
boarding or lodging house, or a multiple- dwelling; same as ,a
Note, except that the buildings are usually designed to serve
tourists traveling by automobile, ingress and egress to rooms
need not be through ,a lobby or office, and parking usually is
adjacent to the dwelling unit.
.70 Night Club. A business operated to supply music or entertain-
mentor both and which provides meals and beverages prepared
on the premises, seating for not less than forty (40) persons
at tables, a dance floor of at least three hundred (300) square
feet in area, and a minimum total floor area of at least twenty-
two hundred (2,200) square feet. For purposes of determining
the district classification of a proposed use, substantial
complieance with the terms of this definition shall be sufficient.
.71 Nonconforming t3se. The lawful use of land or a building or a
portion thereof, which use does not conform with the use regula-
tions of the district in which it is located. Also see Article IX.
.72 Official Right -o£ -Way. A right -of -way established by ordinance.
.73 Open Space. That part of a lot, including courts and yards,
which is open and unobstructed from its lowest level upward,
and accessible to all residents on the lot without restrictions
except as may be required for safety. Open space may include
water surfaces that comprise not more than ten (10) percent of
total ripen space,
m
10 -1 -2.74 Parking Lot, uommercial. Any lot up,n which space for t_N:: parking
of vehicles is provided for or offered to the 'general public for
compensation.
.75 Parking Space, Off - Street. An all- weather, surfaced area not
in a street or alley, and having an area of not less.than two
hundred (200) square feet, exclusive of driveways, permanently
reserved for the temporary storage of one automobile and connected
with a street or alley by an all- weather surfaced driveway which
affords ingress and egress for an automobile without requiring
another automobile to be moved.
.76 Penthouse. Any structure above the main roof of a' building
used for living, professional or business purposes;, or for
housing elevator machinery and water storage tanks. Each story
of a penthouse except when used for machinery or storage for
water is considered as an additional story to the height of
the building.
.77 Premises. A lot, together with all buildings and structures
thereon.
.78 Regulations. The whole body of regulations, charts, tables,
diagrams, maps, notations, references, and symbols, contained
or referred to in this Ordinance.
.79 Rental Unit. A dwelling unit intended. for rental to transients
on a day -to -day or week -to -week basis, but not intended for use
or used as a permanent dwelling.
.80 Restaurant. Any building or structure or portion thereof, in
which food is prepared and served for pay to any person not
residing on the premises. (Restaurants and dining rooms as
accessory uses are covered by the district regulations.)
.81 Right -of -Way Line. See Street Line.
.82 Room. Every compartment in any 'building, including parlors,
dining rooms, kitchens, offices, stores, sample rooms, living
rooms, but no including halls, bathrooms, closets, pantries,
storage equipment rooms and cabanas.
.83 Screen Enclosure. A frame of metal, wood, or other approved
structural material supporting no roof or walls, only approved .
insect screening, which screening possesses at least fifty (50)
percent open area per square inch.
.84 Service Station, Any building, structure, or land used for the
sale of motor vehicle fuels, oils, or accessories, or for the
servicing or repairing of minor parts and accessories, but not
Including major repair work such as motor replacement, body or
.fender repair, or spray painting, and excluding public garages.
del
lG- i_Z.55 Setback. The ndnimum horizontal distance between the street and
the building, the side lot lines and the building, and the rear
lot lines and the building.
.86 Sign. For definitions pertaining to Signs, see Article VI.
.87 Site Plan. Ardrawing illustrating a' proposed development and
prepared in accordance with'the specifications of Article XI.
.88 Sleeping or Hotel Rooms. A room which is used or intended to
be used as a bedroom either temporarily or permanently. No
hotel or sleeping room shall have a width less than ten (10)
feet, a floor area, inclusive of closets, bathrooms, etc., of
less than two hundred (200) square feet,, nor an average height
of less than eight (8) feet, except that servants quarters as
defined above may have a minimum area of one 'hundred (100) square
feet. Motel rooms, the ground floor of which is more than two
(2) feet below grade or which open directly onto the hotel kit-
chen shall not be used for sleeping purposes.
.89 Story. That portion of a building, other than a basement or
mezzanine, included between the surface of any floor and the
surface of the floor next above it; or, if there be no floor
next above it, then the space between such floor and the ceiling
next above it.
.90 Story, Half. A space under a sloping, roof which has the line
of intersection of roof decking and wall face not more than
three (3) feet above the top floor level, and in which space,
not more than two-thirds (2/3) of the floor area is finished
for use. A half -story containing independent apartments or
living quarters shall be counted as a full story.
.91 Street. A public thoroughfare which affords the principal means
of access to abutting property.
.92 Street. Arterial. A major public thoroughfare, as designated
on the circulation plan for South Miami.
.93 Street, Collector. A public thoroughfare serving to collect
traffic from residential areas for distribution to a Major
Arterial, as designated on the Circulation Plan for South Miami,
.94 Street Line. A dividing line between a lot and a contiguous
street.
95 Structural Alterations. Any change, except those required by
law or ordinance, which Mould prolong the life or change the
shape or size of any portion of a building or structure or of
the supporting members of a building or structure, such as
bearing walls, columna, beams, arches, floor or roof 'joists,
or girders, not including openings in bearing wails as permitted
by other ordinances.
62
10 -1 -2.96 Structure. Anything constructed or erected', the use of which
requires permanent location on the ground or attached to some-
thing having a permanent location on the ground; including,
but without limiting the generality of the foregoing: signs,
backstops for tennis courts, fences, screen enclosure, and
pergolas..
.97 Subdivision. The term "subdivision" shall be interpreted as
defined in the subdivision regulations of Dade County, or if
not so defined, then a subdivision shall be the division of
land into two or more lots, or other division of land into par-
cels of five (5) acres or less for the purpose, whether immediate
or future, of transfer of ownership or building development.
.98 Swimming Pool. Any portable pool or permanent structure con-
taining a body of water eighteen (18) inches or more in depth
and two hundred fifty (250) square feet or more of water sur-
face area, intended for recreational purposes, including a wading
pool, but not including an ornamental reflecting pool or fish
pond or other type of pool regardless of size, unless it is
located and designed so as to create a hazard or be used for
swimming or wading.
.99 Tent. A canvas or other cloth shelter from sun or weather sup-
ported by a wood or metal frame or by poles, stakes, and ropes,_
or both, and not attached to any building.
.100 Townhouse. A one - family dwelling unit of a group of two or more
such units separated by adjoining fire walls, or fire walls sep-
arated by a space of not more than six (6) inches, such walls
to extend above the roof line of i.te unit which it serves and
to have no openings therein. Where a separation between fire
walls is provided, such separation shall be positively sealed
in a manner which provides a Substantial, approved closure of
the space between units which is permanently watertight and
vermin- proof. Each townhouse unit shall be constructed upon a
separate lot and serviced with separate utilities and other
< atilities and shall otherwise be independent of one another.
.101 Use. Any purpose for which buildings or other structures or
land may be arranged, designed, intended, maintained, or occu-
pied; or any occupation, business, activity, or operation to
be carried on or intended to be carried on in a building or
other structure or on land; or a name of a building or other
structure or tract of land which indicates the purpose for which
it is arranged, designed, intended, maintained, or occupied.
.102 Vehicle._ Commercial,. Any vehicle designed, intended, or used
for transportation of people, goods, or things, other than pri-
vate passenger vehicles and trailers For private non - profit .
transport of goods and/or boats.
63
10 -1- 2.103 Wall. A structtre forming a physical barrier which is so con-
structed that less than fifty (50) percent of the vertical sur-
face is open to permit the transmission of light, air, and
vision through such surface in a horizontal plane.
.104 Waterway. Any body of water, including any creek, canal, river,
lake, bay or ocean, or any other body of water, natural or arti-
ficial, except ,a swimming pool or ornamental pool located on a
single lot.
.105 Yard. An open area, other than a court, on a lot, unoccupied
and unobstructed from the ground upward, except as otherwise
provided in these regulations.
.106 Yard, Front. A yard across the full width of the lot extending
from the front line of the building to the front street line
of the lot.
.107 Yard, Rear. A yard extending the full width of the lot between
the main building and the rear lot line.
.108 Yard, Side. A yard on the same lot with the building between
the main building and the adjacent side of the lot, and extend-
ing from the front yard to the rear yard thereof.
10 -1 -3 CATCHLINES OF .SECTIONS
The catchlines of the several sections of this Ordinance underlined
or printed in boldface type are intended as mere catchwords to indi-
cate the contents of the section and shall not be deemed or taken .
to be the titles of such sections, nor as any part of the section,
nor unless expressly so provided, shall they be so deemed when any
such sections, including the catchlines, are amended or re- enacted.
C'!4
ARTICLE XI
THE ENVIRONMENTAL REVIEW BOARD
11 -1 PURPOSE
It shall be the purpose of the Environmental Review Board to
encourage excellence in the quality of architectural and environ-
mental design, to eliminate urban ugliness and blight, to prevent
esthetic pollution, to preserve and protect existing natural ame-
nities and ecology, and to promote the orderly, harmonious and
attractive development and redevelopment of the community in order
to better serve the public health, safety, convenience and general
welfare and more effectively implement the objectives of the Com-
prehensive Master Plan.
11 -2 DUTIES AND AUTHORITY
11 -2 -1 Plan Review
It shall be the duty of the Environmental Review Board to review
and make recommendations, upon request, on all plans and elevation
drawings as defined in this Article and submitted in conjunction
with an application for a proposed development or redevelopment
within the City of South Miami.
11 -2 -2 General
The Board shall evaluate the scale, color and texture of all pro-
posed buildings, signs and other structures of either a new or
altered nature; the quantity, quality and arrangement of all pro-
posed landscaping and open space features; and the overall compat-
ibility of the proposed development with the existing and desired
character of the neighborhood in which it is to be located.
11 -2 -3 Compliances Other Codes
The Board shall also review all plans and elevation drawings to
determine that same comply with the general and special provisions
as specified in the South Florida building Code and elsewhere in
this Ordinance.
11 -3 ENVIRONMENTAL STANDARDS
The following standards shall be utilized by the Environmental
Review Board in the review of all plans required by this Ordinance.
These standards shall be considered by the Board as a flexible
framework in their evaluation of design quality.
65
11 -3 -1 Natural Environment
The proposed development shall be designed in such a manner as to
preserve and protect existing natural amenities and ecology, wher-
ever feasible. The landscape shall be retained in its natural
state insofar as is practical and additional landscaping shall be
added, if needed, to improve the overall visual quality of the
proposed development in relation to surrounding areas.
The standards as set forth in the County's Landscape Manual for
Off - Street _Parking and other Vehicular Areas (Metropolitan Dade
County Ordinance 67 -75) shall constitute the minimum acceptable
requirements for landscaping and open space within the City of
South 'Miami. Wherever the provisions of these regulations or any
other South Miami ordinance sets forth higher standards, they shall .
take precedence.
11 -3 -2 Buildings and Other Structures
Proposed structures shall be related harmoniously to the terrain,
existing buildings and the surrounding neighborhood and shall not
create, through their location scale., styles color or texture,
imcompatible visual relationships.
11.3 -3 Circulation and Parking
With respect to vehicular and pedestrian circulation, special
attention shall be given to the location and number of access
points, general interior circulation, separation of pedestrian
and vehicular traffic, and arrangement of parking areas so that
they are safe and convenient and do not detract from the design
of proposed buildings and neighboring properties.
11 -3 -4 Advertising Features
The size, location, design, color, texture, lighting and materials
of all permanent signs and outdoor advertising structures or fea-
tures shall not detract from the design of proposed buildings and
surrounding properties.
11 -3 -5 Special Features
Exposed storage areas, machinery installations, service areas, truck
loading areas, utility buildings and structures, and similar acces-
sory areas and structures shall be subject to such setbacks, screen
plantings or other screening methods as shall reasonably be required
to prevent their being incongruous with the existing or contemplated
environment and surrounding properties.
66
I1 -4 ORGANIZATION AND punrgnURFS
11 -4 -1 Membership
The Environmental Review Board shall have not less than one, nor
more than five, members at any one time, the number to be desig-
nated by Council resolution. Members shall be appointed by the
May, with the advice and consent of the Council, and shall be
registered Architects and /or Landscape Architects in the State of
Florida. All members shall be residents of or have offices in the
City of South Miami. Terms of members shall be for a period of
one year except that by Resolution the Council may provide for
staggered terms not to exceed two years.
11 -4 -2 Officers
The Board shall elect one of its members as Chairman who shall
preside at (all. meetings and one as Vice- Chairman who shall preside
in the absence of the Chairman. A Temporary Chairman may be elected
at any meeting not attended by the Chairman and Vice - Chairman.
11 -4 -3 Mee ling;_
Meetings of the Environmental Review Board shall be held at the
City Hall, whenever requested, upon not less than five days notice
by the City Manager. Notice of all meetings shall be posted at
City Hall not less than 72 hours prior to any meeting. The Board
shall keep a permanent record of all its proceedings. A majority
of the members of the Board shall constitute a quorum and all actions
of the Board shall require a majority vote of those present and con-
stituting a quorum
11 -4 -4 Decisions
All recommendations of the Board shall be by resolution. Any
member Who has a special financial interest, direct or indirect,
in any matter shall make that interest known and shall abstain
from participation therein .in any manner. If the Board shall
fail to act upon any application within thirty (30) days after
it is filed, the application shall be deemed to have been approved
by the Board.
11 -5 BUILDING PERMITS'
11-5-1 Board Review
Prior to the issuance of any building permit for any building, sign
or other structure or for any material alteration to any building,
signor other structure, pteflirtinary pl..tu dud drawings ail defined
in the Article must be submitted for the review and approval of the
Unvironmental Review Board,
b
11 -5 -2 Authorization
The Environmental Review Board shall review the plans and drawings
and, if approved, shall authorize issuance of the building permit
conditioned upon the proposed improvements and complying with all
other applicable governmental regulations. No building permit for
new construction or for alteration to any building shall be issued
without the written approval of the Environmental Review Board as
signified on the plans by the signature of the Chairman, Vice-Chair-
man or Acting Chairman.
11 -5 -3 Decisions and Appeals
All decisions of the Environmental Review Board relating to the
issuance of building permits shall be considered final unless
within fifteen (15) days from mailing of notice to applicant or
posting,, whichever is later, an appeal shall be taken to the Coun-
cil by the filing of a written Notice of Appeal with the City
Clerk upon a form prescribed therefor by the City Manager. Appeals
may be taken by the applicant, interested citizens, and members of
the administration.
11 -6 PLANS AND DRAWINGS
For any proposed development or redevelopment within the City of
South Miami, 'there shall be submitted with each application the
following plans, drawings and supporting data first in a preliminary
and then in a final form. Required plans and drawings shall include
the title of project, name of developer, name of planner, architect
and/or engineer, north arrow, date, scale and legal description of
property.
11 -6 -1 Existing Site Characteristics
The following information shall be shown reflecting the existing
features of the property and adjacent areas.
Property and Lot Lines Sanitary and Storm Sewers
Rights -of -Way and Easements Water Mains and Utility Lines
Trees and other Vegetation Land Uses
Structures and their Uses Zoning District Boundaries
Topographic Contours
11 -6 -2 proposed Site Plan
The following information shall be shown reflecting the proposed
character of the property when fully developed.
Property and Lot Lines Off - Street Parking Spaces
Rights -of -way and Easements Service Areas
Trees and other Vegetation Outdoor Lighting Systems
Structures and their Uses fences and Valls
Topographic Contours Landscaping Peatures
fig
11 -6 -3 Tabular Summary
This summary shall enumerate and quantify all proposed land uses
by area and percentage distribution, all proposed dwelling units
by type and density and all proposed landscaping' features by type
and quantity. Any requested change in Zoning should also be noted.
11 -6 -4 Elevation Drawings
All buildings, signs, fences and walls shall be shown in a vertical
perspective reflecting their proposed location, size, character,
height and material of construction. Both front and side views of
all structures shall be shown.
ARTICLE XII
THE PLANNING BOARD
12 -1 PURPOSE
It shall be the purpose of the Planning Board to consider the
Comprehensive Master Plan as a guide in the implementation of zoning
in order to lessen congestion in the streets; secure safety from
fire, panic and other dangers,; provide adequate light and air; pre-
vent the overcrowding of land; avoid undue concentration of popula-
tion; and facilitate the adequate provision of transportation, water,
sewers, schools, parks and other public improvements. The Board
shall direct itself toward these purposes by giving reasonable con-
sideration to the existing character of neighborhoods and their
suitability for particular uses and with a view of conserving the
value of building and property and encouraging, the most appropriate
use of land throughout the City based on the desire of the citizenry
to maintain South Miami primarily as a suburban residential community.
12 -2 DUTIES AND AUTHORITY
The Planning Board shall have authority, upon request, to review
and make recommendations to the Council on matters concerning the
following;
12 -2 -1 Zoning Changes
A petition for the changing of zoning district boundaries. The
Planning Board may also recommend changes of zoning to the Council.
12 -2 -2 Variances
A variation in yard setback, lot size, building height, open space,
or off - street parking requirements in Any district. when it is nec-
essary to relieve particular hardships or extraordinary conditions
relating to a specific property, and uben the strict application
of a particular regulation would result in peculiar and +exceptional .
hardship upon the owner of such prepetty. Such grant or variance
shall c6ttply, as nearly as passible and in every respect, t1ith the
spirit, intent, And purpose of this provision to suthorire the granting
of variation only for reasons of dertdnstrable and ekeeptional hardship
as distiaguithed fray reasons of convenience, profit, of cAprice.
69
32 -2 -3 Non con formiag Uses
To determine the 'existence of a nonconforming use as defined in
Article IX of these Regulations.
12 -2 -4 Appeals
All appeals of an administrative official or the Environmental
Review Board where it is alleged there is an error or inequity
in any order, requirement, decision or determination, made by an
administrative official or the Environmental Review Board in the
interpretation of any portion of these Regulations.
12 -2 -5 Special Uses
A request for a specific special use as listed in the district
regulations within this Ordinance. A special use may be permitted
by Council after it is determined that all established special
requirements have been met and that the use will not create any
incompatible relationships with other uses in the area in which
it is to be located.
12 -2 -6 Plans and 'Drawings
All plans, drawings and supporting statistical data required under
provisions of Article XI, except those submitted for the issuance
of building permits only;.
12 -2 -7 Ordinance Update
It shall also be the duty of the Planning Board, in cooperation
with the City Attorney, to continuously review the provisions of
these regulations, including the district map, and from time to
time, offer recommendations to the City Council as to the suffi-
ciency thereof, in accomplishing the Comprehensive Master Plan of
the City. Each three years these regulations and the district map
may be subject to a comprehensive review and report, with recom-
mendations, submitted by the Planning Board to the City Council
and the public -.
12 -3 ORGANIZATION AND PROCEDURES
12 -3 -1 Membership
The Planning Board shall consist of seven members, appointed by
the Mayor, with the advice and consent of the Council, who shall
be residents of the City of South Miami. Terms of members shall
be for a period of two years.
12 -3 -2 Officers
The Mayor, with the advito and tonsent of the ttity Council., shall
appoint one member as Chairman, who shall preside at all maetings,
and one tnie6ber as Vice-Chairman Uho shall preside in the absence
of the Chai"ni The € hairmain shall have a tert% of ofte year and
shall not succeed hitaselfo
70
12 -3 -3 Meetings
Meetings of the Planning Board shall be held at the City Hall, at
the call of the Chairman or a quorum, of the Board. The Board shall
keep a permanent record of all its proceedings showing the vote of
each member upon each question.
12 -3 -4 Notice and Hearings
After an application has been filed, processed and reviewed by the
Environmental Review Board, it shall then be transmitted to the
Planning Board. No action on the application shall be taken by
the Planning Board until a public hearing has been held upon at
least fifteen (15) days notice of the time and place of such hear-
ing published in a newspaper of general circulation in Dade County.
A courtesy notice containing substantially the same information
set forth in the published notice aforesaid shall, be mailed to the
property owners of record as listed on the most current tax rolls
available to the City, their tenants or their agents, within a
radius of three hundred (300) feet of the property described in
the application. Provided, however; that failure; to receive such
courtesy notice shall not affect any action or proceedings taken
hereunder.
12 -3 -5 Decisions
All recommendations by the Planning Board shall be by resolution.
Any member who has a special financial interest, direct or' indirect,
in any matter shall make that interest known and shall abstain from
participation therein in any manner. Willful violation of this pro-
vision shall constitute malfeasance in office and shall render the
action voidable by the Council. No action shall be taken without
at least four (4) members present and a majority vote of those
present shall prevail.
12 -3 -6 Staff Report Referral
All items which have been referred to the planning advisory staff
(Dade County) for recommendation, should be referred back to the
Planning Board before going to Council, and /or the Planning Board
should be provided with copies for guidance in future cases involving
similar circumstances.
12 -4 CHARTER REQUIREMENT
The Planning Board as herein constituted and provided shall be the
"City Planning Board" as authorized by Article 1, Section 14, of
the Charter of the City of South Miami, Plorida.
71
ARTICLE XIII
THE CITY COUNCIL
13 -1 DUTIES AND AUTHORITY
The Council has the duty to provide for the health, safety, conve-
nience and ,general welfare of the citizens of the City of South
Miami through the regulations as set forth in this Ordinance.
The Council shall be guided by the recommendations of the Planning
Board and the Environmental Review Board as well as the Comprehensive
Master Plan in implementing this responsibility. The Council has
the authority to amend, supplement, or change the provisions of this
ordinance, change zoning district boundaries, grant variances to
the provisions of this ordinance, permit non- conforming uses, make
final judgment on appeals of Administrative decisions, permit spe-
cial uses and approve plans and drawings.
13 -2 PROCEDURES
13.2 -1 Hearinazs
The Council shall hold public hearings when amending, changing, or
supplementing this Ordinance, changing zoning district boundaries,
granting variances and permitting non- conforming uses,. These actions
shall be effectuated by ordinance. Council action on special uses,
and appeals of administrative decisions may be in the form of a
resolution and shall not require public hearings, unless otherwise ry
required by these regulations.
13 -2 -2 Decisions
All action taken by the Council under this Article shall be by a
majority vote of those members present except in the event of a
change which would result in a less restrictive use of the property,
excepting variances. as defined herein, or when a properly written
protest is filed, then a four -fifth (4/5) vote of Council shall be
required for approval. Written protests must be filed with the
Building Department and signed by at least twenty (20) percent of
the owners of either the properties included in the application
or of those properties with ,five hundred (500) feet of the proposed
change.
13 -2 -3 Deferral
The Council may defer action on any application or other matter
before it, for cause -j, for a reasonable period of time.. The Council
may also refer the matter back to the planning hoard or the Environs
mental Review Board for further consideration and recommendation.
13 -2 -4 Reconsideration
Vhen a proposed change lit district boundaries has b6tin aeted upon
by tha Council and disapprovdd or failed to pass, suth proposed ehaftga o
in the saw or substantially siollarr fora, shall not be reconsidered
by the Council for a period of at least ong year folloijing the dat@
of such action, ereeept ahem denied vithaut pteptile+@6
12
13 -3 WITHDRAWAL OF A PETITION
Any application for an .amendment, supplement,. or Change may be with-
drawn by a request in writing from the applicant at any time before
• decision of the Council_, but if withdrawn after advertisement for
• public hearing or posting of the property, the same or substan-
tially similar application covering the same property shall not be
re- submitted, except at the request of a majority of the Council,
sooner than six (6) months after the date established for the prior
hearing. Filing fees shall not be refunded upon any withdrawal.
13 -4 LAPSE OF VARIANCE
A granted variance shall lapse after the expiration of six (6)
months if no substantial construction or change of use has taken
place in accordance with the plans for which such variance was
granted, or if the Council does not specify some longer period .
than one year for good cause shown, and the provisions of these
regulations shall thereafter govern.
13 -5 EXHAUSTION OF REMEDIES: REVIEW
No person aggrieved by any resolution, order, requirement, decision
or determination may apply to the court for relief unless he has
first exhausted the remedies provided for herein and taken all avail-
able steps provided in this Article. It is the intention of the
" Council, that all steps as provided in this Article. It is the in-
tention of the Council, that all steps as provided by this Article
shall be taken before any application is made to the court for re-
lief except from resolution adopted by the Council, pursuant to
this Article. In view of the lack of a legislatively prescribed
method to apply to a court of competent jurisdiction to review a
decision of the Council, when adopted pursuant to this Article,
it is intended and suggested that such decisions may be reviewed
by the filing of a petition for writ of certiorari in the Circuit
Court of the Eleventh Judicial Circuit in and for Dade County,
Florida, in accordance with the procedure and within the time pro-
vided by the Florida Appellate Rules for the review of the rulings
of any commission or board. For such purposes the Building Official
shall make available for public inspection and copying, the record
upon which each final decision of the Council is based, provided,
the Building Official and /or City Clerk may make a reasonable charge
commensurate with the cost in the event the department is able to
and does furnish copies of all or any portion of the record. Prior
to certifying a copy of any record or portion thereof, the Building
Official and /or City Clerk or their designee shall make all necessary
corrections in order that the copy is a trua and correct copy of the
record, or those portions requested, including site plans, pictures,
or other exb ibits.
ARTICLE XIV
ADMINISTRATIVE PROVISIONS
14 -1 PROCEDURES'
14 -1 -1 Applications
All petitions for zoning changes, variances, special uses, non-
conforming uses and building permits shall be initiated by the
filing with the Building Department of an application executed and
sworn to by the owner or owners of at least seventy -five (75) per-
cent of the property described in the application, or by tenant or
tenants, with owner's written sworn -to consent or by duly authorized .
agents, evidenced by a written power of attorney, or by any person
aggrieved by an order, requirement, ..decision or determination of
an administrative official when appealing same. All properties
described in one application must be contiguous and immediately
adjacent to one another. An ;application may also be a motion of
the City Council. The application shall be in accord with a form
Approved by the City Attorney.
14 -1 -2 Adjacent Property Owners Concurrence
All petitions for zoning changes, variances, and non- conforming
uses ;shall be accompanied by a map which reflects all properties
and property owners within a three hundred (300) foot radius of
the subject "property. The petitioner shall also Obtain and submit
the signatures of at least twenty (20) percent of the above property
owners of the City of South Miami showing their awareness of and
concurrence with the proposed petition.
14 -1 -3 Transmittal
The Building Department shall transmit copies of all applications
and supporting plans and drawings to the Environmental Review Board
for its review and recommendation. The action of the City Council
and the report and recommendations of the Environmental Review Board
and Planning Board shall not be limited by the scope of the applica-
tion.
14 -1 -4 Notice to County and Other Municipalities
When any proposed change of zoning district boundary ties within
five hundred (500) feet of the boundary of the County or another
Municipality, notice of the proposal together with the date., 'time,
and place of the public hearing thereon, if such hearing has been
scheduled, shall be forwarded to the planning and Zoning Depart-
ments and the governing body of the County or such municipality
in order to ,give the County or such minicipality an opportunity
to Appear at the hearing or express its opinion on the effect of
said change.
74
14 -2 PERMITS REQUIRED
14 -2 -1 Building Permit
No building shall be erected,, constructed, altered, moved, converted,
extended, or enlarged except.in conformity with the provisions of
these Regulations and upon issuance of a Building Permit indicating
that status by the Building Department.
14 -2 -2 Prior Issuance
No building permit, lawfully issued prior to the effective date
of these :Regulations or of any amendment hereto, and which permit
by its own.terms and provisions, is in full force and effect at
said date., shall be invalidated by the passage of these regulations
or any such amendment, but shall remain a valid and subsisting per-
mit, subject only to its own terms and provisions and ordinances,
rules and regulations appertaining thereto, and in effect at the
time of the issuance of said permit, provided that all such permits
shall expire not later than sixty (60) days from the ,effective date .
of these 'Regulations unless actual construction shall have thereto-
fore begun and continued pursuant to the terms of said permit.
14 -2 -3 Certificate of Occupancy
No premises shall be used and no buildings, hereafter erected or
structurally altered, shall be used, occupied, or changed in use
until acertificate of occupancy and compliance - 'shall :have been
issued by the Building Department stating that the building or pro-
posed use of a building or premises complies with the South Florida
Building Code and the provisions of these Regulations. In the event
there is question as to the nature or legality of a use, the Building
Official may require affidavits and such other information as he may
deem appropriate or necessary to establish the nature and legality
of the use before issuance of a certificate of occupancy. A certif-
icate of occupancy shall also be required of all lawful nonconforming
uses. Application for a certificate of occupancy for nonconforming
uses shall be filed within thirty (30) days from the effective date
of these Regulations with the Building Department -.
14 -3 FEES REQUIRED
14 -3 -1 Applications and Permits
All persons, firms or corporations applying for permits under the
provisions of these Regulations, or a change in the classification
of a district or a portion thereof, necessitating the publication .
of notices in newspaper, shall be required to pay in advance for
expenses relative thereto, in accordance with fee schedules adopted
by the Council.
permits for signs and other fees shall be in accordance with the
schedules adopted by the wouncil and maintained in the Building
Department. The payment of such money in advance to the Building
Department shall be deemed a condition preeedent to the e€snsidera=
tioN of such permit or amend sont.
i
75
14 -3 -2` Copies of Records
The Building Department is authorized to charge and collect fees
for furnishing copies of plans, permits, and other records to the
public, provided that a schedule of the type and amounts of fees
to be charged is first filed with the Building Department in ac-
cordance with the provisions of the Charter'..
14 -4 INTERPRETATION, PURPOSE AND CONFLICT
In interpreting and applying the provisions of these Regulations,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity, or
general welfare. It is not intended by these Regulations to inter-
fere with or abrogate or annul any easements, covenants, or other
agreement between parties; provided, however, that where these
Regulations impose a greater restriction upon the use of buildings
or premises or upon the height of buildings, or requires larger
open spaces or yards or lot areas than are imposed or required by
other ordinances, rules, regulations, or by easements, covenants,
or agreements, the provisions of these Regulations shall govern.
14 -5 ENFORCEMENT
14 -5 -1 Responsibility
It shall be the duty of the Building Department to enforce the pro -
visions of these Regulations, and to refuse to issue any permit
for any building or for the use of any premises, which would vio-
late any of the provisions of said Regulations. It shall also be
the duty of all officers and employees of the City and, especially
of all members of the Police Department, to assist the Building
Department by reporting to him any seeming violation in new con-
struction, reconstruction, or land uses.,
14 -5 -2 Authority
For the purpose of inspection, the Building Department and autho-
rized representatives shall have free access to materials and work .
at all times and shall have the power to stop work pending inves-
tigation as to materials, work,, grades; use and other provisions
of these Regulations. The Building official is authorized where
he deems it necessary for enforcement of these Regulations to re-
quest the execution of an agreement for recording.
14 -5 -3 Violations
In case any building is erected, constructed, reconstructed, altered,
repaired, or converted, or any building or land is used in violation
of these regulations, the Building department is -Authorized and di-
rdcted to institute Any appropriate action to put an end to such
violation.
16
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