The URL can be used to link to this page

10-19-04 Item D3To: Honorable Mayor, Vice Mayor & Commission Members From: Maria Davis City Manager Date: October 19, 2004 ITEM No. *b 3 RE: Adult Entertainment Special Survey BACKGRODUND The South Miami City Commission at its June 1, 2004 approved on first reading a proposed amendment to the Land Development Code that would permit adult entertainment establishments as a permitted use in the City's industrial zoning district. The ordinance also provided for distance requirements between adult establishments and churches, schools, parks, playgrounds and residential uses, and between individual adult establishments. During discussion it was felt that before final adoption of the Adult Entertainment ordinance it would be appropriate for the City to review a survey as to the number and location of adult establishments in surrounding jurisdictions (up to five miles from the City's boundary lines). The City Commission felt that information from the survey would help determine the number of establishments (if any) which could or should be accommodated in the City. Staff advised the study would require an outside consultant to assist. The City Commission at its June 8, 2004 meeting approved an expenditure of $5250 to be funded from the Contingency Account. Following an RFP process the local firm of Corradino Group, Inc. was contracted with to conduct the survey. Attached is a copy of the consultants report, "Survey of Adult Entertainment Establishments" (9- 23 -04). A summary presentation will be made at the Commission meeting. RECOMMENDATION It is requested that the Commission provide guidance to staff on how to proceed at this point. Attachment MD /DOD /SAY EAComm Items \2004 \10- 19- 04\Adult Enter Status report.doc b 3. mm L Introduction The City of South Miami in defining its regulatory approach to adult entertainment establishments has commissioned an analysis of the location of each business within five miles of its border. Also reviewed are the zoning procedures those communities surrounding South Miami use to permit the location of adult entertainment businesses. This report documents that work in three areas. Inventory /Mapping of Establishments Compilation of Existing Zoning Regulations • Summary of Findings The communities to which this analysis applies are: Miami Dade County, Coral Gables, Miami, Palmetto Bay, Pinecrest, Sweetwater and West Miami (Figure 1). It is noteworthy, and expected, that the types of uses permitted and the definition of those uses varies. Those definitions are presented on Table 1. 2. Inventory There are 18 adult entertainment businesses within five miles of South Miami's border (Table 2 and Figure 2). Six of these are "adult entertainment or service establishments, five are "adult entertainment clubs," and the remainder are adult video or bookstores. No adult modeling businesses, adult theaters, encounter studios or massage establishments were located within five miles of the City of South Miami. When classified by jurisdiction, the largest number of these establishments (7) within five miles of South Miami have been permitted by Miami Dade County. Palmetto Bay, Sweetwater, and West Miami have issued no adult entertainment business permits within the five -mile boundary of South Miami. Noteworthy is the fact that one adult entertainment establishment, BT's Gentlemen's Club, at 5922 South Dixie Highway, Miami, Florida, 33143, is located in the City of South Miami having been permitted by the City Commission consistent with a settlement agreement. 1 0� _ n rro Q Uq 000 D m m -- -ten -� -- �„ "h � C ® v 0 0 0 <c v 3 r L, N ;: rD ►s Cr. Z CD _ r ro � ro w 0 a ° va m 0 a 0 as m CD 5;1 m CD w 0 tTj w CD tTj CD w CD 0 ° o CD 0 0 0 0 CD w CD CD p CD o w a CD w CD w CD CD n CD CD CD ��•��od �o•mod ��•��od� CD a t CD n 0 0 0 0 z 0 w w 0 w P d o . Cl CD p� "� CD ° z > 'T, �, F, • K3 n `-. 0 CD C 0 Q ° �. n w � `C CD "$ 0° n 0 n W. $" 0 0 0 �n o " 0 o CD C �' va n o° CD p 0 0 uCD CD o CD CD rA 0 CD w vo o 00 ° CD P. CD W a CD n 0 W 0 CD CD Y° Y ¢ a n " 0 w m 0 0 0 0 °• ° W o' rr w UQ CD CD oP r 'd CD O Sv .-r m ° • n CD �.. ° W CL Cn n r+ P- CD p. G ID a o ~' op w o 'd �< CD CD 0 w CD ° CD `C V n ° CD CD W CD CD CD CD CD 0 � " o o a CD as R: o 0 CD CD o a � �-t o'er p. CD - `C � G CD F� . r'3 i••� r- 0 o V Q. o' va � r� c�D p- � ��• �'t g°c Q cD ° CD C7 CD r' o o' �' U° o n CD a .�-' a. CD F 'A o 0 cD 1 n a o n' vo Q7 �. o° CD CD ° CL o C�- n CD N (IQ n r�r - -o o �� `C --n r C C-D o CD v' CD �n CD CD n ° ��• N ."�' UQ CD fI4 O (.A Ch i-. C. n CL � "n w R � m o � A O � o m � CD--. ° �. CD � 0 n a G CD Q'" O N c¢o N '��' "� O O H Q � t- 0 0 o ^ °, C CD CD W CD CD CD 0 CD CD 0 P �' ° o �. CD 0 CL n �' w 1 cn '� O �-• O • 0 o • CD r �? CD � 0 f+, � n (A ,..t 0 W '� � n a i-•s N ° 8• � 0 � = w � o a 0 � � � � ° CD o � � °n 0 ° o -0 w o CD w o r o w uQ W CD O CD °n CD F•s' �' a-� CD 0 N 0 R• ID 14 CD va � � w C n m a o• C) 0 0 vs o coo C'D 0 � � 0' b O CD K I'D n n b (7 Cab ('� v� � d b C) cn O CD N P' O CD CD C � pa- 8 R CD ' CD N G. N G. W r p O O O OR �� •- �r �r G •� �' Q: C� a� a. ID a ao a. o ° �. c ° 4 4• . o �* �• �. �• o o C cn o CD CD w o a CL cr a CD 0 CD CD o ° ¢ w � O O n r°h ac CD n n �. OA CAD CAD D •°� CD a a D a a CD (N p O CD 0 Oro 0 a CD CD CD 00 CA cn CD —0 CCD CD CD I'D CD �. �• w� �• � c ao a�n CD nn++ CD C7, CD ° 00 CD CD CD CD CD CD O 0o 0 W O CD a,� CD O.• CIO '� IZ CD 5' CD CD aCD CD CD �nCD CD Q-Q o' o cn CD lot cr CD CD o CD 00 CL G CD o BCD o o CD �jj g° o CD CD cNO C] n CL R p� ,.a rN ° CD c�`D In CD � CD 0 00 •a c rL a 0 MA o CD � G n � Ln C. CD CD CD �. ° CD d pp W p CD CD C) n a•' w d CD CD (SdD O Y �n W O O O G+ 5, CD CD M � A CD O `< `C d yl �d O CD CD p CCD p' CD PD Q �' R co ° ° p. CD CD arc, �' CD CD C1 Q. p � * 0 • w �" "� CD ry ° CD Q- ° W o p' 'C CD 0 CCD 0 CD 0 CZ CD w O as a n ° 5�• CD o CD O w�� 0 �. � �, d w 2. P- w 0 � o a a5' PD CD o 0 ° PD a o. �C 66 o 0 w CD o CL F; • CD d cD CD CL xi CD O �, N M O o N °� ^° '3 �' o� o 0 Cl o ° ' I 'o t w o w a' w CD o m o: ara F. �c p. o O CD CD w r ° CD d 'A & CD CD 0 0 CD p, CD cD `° ro- w a m o CD �' '� n' d 0 g, u�c quo :°-. CCD CL CD � � CD Uc d o CD ?� . �' CD 0 m C rn n 0 q m a 0 G1 0 0 k m 'r r r a r7 rt [T1 v � I ar �rl rt crq ' I ,,m �. N N m� _ _ � r+ ° c pa C— s o °= � Z ® ry '.�-� y n C 'r r r a r7 rt [T1 T I ar �rl rt crq ,,m �. N N m� _ _ � r+ ° c pa C— s °= Z ® ry '.�-� y n C S y S 7 W d •i �' = fD a 'r r r a r7 rt [T1 T I ar �rl rt crq cn �. N N r+ 'r r r 3. Zoning Regulations The zoning regulations of each of the seven jurisdictions within five miles of the border of South Miami were inventoried (Table 3). Overall, each has various permitted uses. Restrictions are focused on distances between the permitted adult entertainment use and schools, churches, public parks, public libraries and day care /nursery facilities for children. That distance is usually 1,000 feet. Distance restrictions also exist in most zoning regulations between an adult entertainment business and residential land uses. This varies between 660 feet (Pinecrest and Sweetwater) to 1,000 feet (City of Miami). The zoning regulations also require separations between adult entertainment establishments. This requirement ranges between 1,000 feet (Pinecrest and Sweetwater) and 1,200 feet (Miami Dade County, Palmetto Bay and West Miami). It is noted that, where specified, distances are measured as a ... "straight line from the nearest point of the proposed adult entertainment business to the nearest point ..." of the specified facility (e.g., church). Pinecrest requires a survey by a licensed surveyor to certify the distance. 8 C J a 0 0 C7 I 0 b Fi �•I b a A y R n e-' O b F =1I CD m UQ tij CD UQ fD CD l J W O � K i / ar f a '�,` � �' ��x Y is ;. „�� a'„s a„S# ,' , „yt ?x qv ,': Fc#}ff ! }i,.,4' �,�� D �• � y"t�'y' f�'t, -a; 2 f 2 a S at Y S U cr ti k,? �^"?; !, q 4 F ? £. "_ F, 3 h � f :yxS : Y f_ f N K 1Hr�� •; Y`',;:... , :"<':, a ; ..: , s: .. e S„ ,~'h' .....: , .X_. , ,3'3 ..... s. .: � :nt.... c• .. ..; `A.xrT:,; §a. ,. , : yn .:r.'rv-..6,'"A'1, .. "�R'., t � (v. ``.v�.,._ �.� ., y 't f:l y iF '� :. ; f :,: f �• y .+' f f {:�' 3'' *ate /.k. b l"' .. eD :�� xx �� fi`s �'�� _ 3 ,� ®�`, ��'f.� m �'o G G. m G �, � G h ❑ y F �� 'F � v R R �3 �� y4 J E `s"�``"2� y�'ts� t Se+ s �4�� rf+ fDew �• "S O d. 'f5 i2.SJ v;., S ` f x, . !S fD _„ f .. { 1`, .- "£' £ gt £, 4 3?' S:✓'3c,DY Ef SJx fD O C! A o ft k7'd f t!I .,,, f t• £ k } 3,, Y[ 7`J ,s, 'fye (� {�, 3 G "�' ' rt' ��h'c �.' � . � � :a's��'' :,. x yf ,, c ,� �+",�' ,fit e•s7E Ci`r ,i.. , 'G � "< ' � ; G } f '" +5 S' '?- t f' z I � {r(s{ k` 2'py'f t•! R Vi W C4 .e ei f . 'S,y i." f eyG t 4y.�i y..�' #,�>��x.^^. k5 }v[" '�`�' F"''T„�. "f !`�'"'h S✓, Sf"413 $ .�.r ��"�� 'f�� z f of �xs� � Y "��a� `�� •� �.�, �� W N :� (p �' �� .re :.�� ,,,'G�i�y�..rr �'!�'.'� t.�-y s, ✓a' �. €:sue �x k �`"- f cif `�`"f'�` `��3.' ��s � v rn �'*r^�. N'. �1 m H+ e� e�:'p 'C � G, �.'�: ��".€.'._¢ ,r�`.. :�§.: TI�"�'�gad `13 � k J'3 >r"tle.^ "f'"''{ YT" w` w, .,�t9 ;s'=vx # 4 �Y �,a••r � ►�..� •� � rte. ,�-:m' O� C�1 G'� r�S m`� G. °`� : ! `` k} f ',`"#.'` ��f„'4#.' sic �;'',X �C Yp m M (� •. ,'r�, M wY 'O Li+ ,y'Y. . O (D ft �r �� '.a � '� �s^� � h� � sy CC#tx fG e•' K A f% � '•" x � �� '., t $�� R � � � F O. f1 ''•�?�'.�,. � s�.s ';�6. 'M? f`.� t47t.K�e' '�.' , �. � O m G � �o .� "*+ tb co "'�+. ft, w. €; ~� 4l' S ' + .€ h�' " Y+'ae� m e•� G+ �D '"(' '7 ' �' C� lD �' er,. fD r�k - i�� 7 '�➢� F t "pr � y A? r°i cv �"� f �c � "'�f u'a" � E�'} x. e`t''�', w .t�� f w m v, m "� e•'; yC to G �.{, 4f �§ 't � �/k `f•'� � � h � � � �' " � 'fi'Y �• +~/� t ��4 ��iP""� �Y��..x�� „,, �isf4! ��Ff��f'.��rP't"`"�'�.�f�' y rk f�/} '` (OA C !"}; �" m �; O,• O W G � �'r3 ' � �. '�..,:� �" :;K,'m i'7".'p ` :1 r ✓T•'^�'�Sw x,:'a�, '�'T"�s'2� f� � ss fi.3 *�, '�'.O" �, .�": � ,� '✓ 6+ki ': "@x. .�. ry .,f t �n.rv., €�vs"i,.S� ~E ��, .j .x�k ,'YY„ -;4 .'7',, $ s, :rrff�P .�>,.��+a'7�`'��,�'. x<.��.tSFaf �,�F. ��x �t'iR'rr�s.463�U: 4° t ;'C.x �sv 4 �' '. �'i� }�� ev-h � � � '•h �*' `` ^��d� t�#� °' f�.t'`}'"'� "�+'Hj y m r ,£ .`-ssf F .L is n Y�C�� 3 h r'' _ r+ A �•�L �' ,, � � ``.}h ky s•.�., t z�a^ �' ;� s g� .g ;. �'` i4Nf *�'�};� �"+" wrex. �� "'�.."'" :,"�Gk55 n•y .A y (D S ° #"8 '' As'€`'§'`' ��f �f `x d f ,: ✓ C s`'3t R a" .tt. �"`�3r" � �;S , r: �. ry " "`+ x �"�r�.i;.,`C ¢`� , z.', �!€ S iv j�� 1 ty : � f .. ` f.'�'K.. � ,4�"` �' �„ q� •�. Y+ ei i .% f'i �t`f 3`�. ° • � !'i 4�•, � Vl § ff '"' } � : % Kc'y� ,.Sa,, •✓ ,f ii)'yf �b t hg sr„ '�" :.'4 I""� 4-,e v: b f § � 1`� �Q �' G I�.i y`' �. �".f4/ '.."' ,+jr {'{ }�, ;M >Ji"'^ �`T' �'h £3`55. v, �, )k�� j�.''1+7�� f�f?r��t Pf`"i �7��"� '�•�{,'�. {j ro...� �.. �� Ya 3 � S "f•`m ^r`,�' �. �;e f�E";�. '��{�,''`�ti"t y4': s t+' �- rfRY�fyv,�� ` r'�'`rxx':,'r. r��a u'+r+ �4 ,a �. `"Y� ��';�"�, 'f �,:� t t `�''O A- �.. f• .� a wtrrS"3: C f�'y4..yEyepp`f �� '.�;{ 4�2�� ;:-a„ �'�'yfi�.,. �K, ,s� � g '* nab rr: S r "`i•• iN y "�f &% rTZtYN��'` f'c� < B £ �f> t,".y�;•.,Sf4 `k* 4 YTy Q+ ;�K �` k3', t ) R '3' '' f`r£ '"3 1i''`£;*'"r}, `kf"ET`, i'ea +T t�`':�"x.`ry' t� e;,'� y`�,�.C.y, ^• °+ K +S`'';.. #$F'fi'„F+'^ i s 0 n O W R. O O G 'O y Q K O dl �I A O O b A �t er G y CD w 4. Findings The City of South Miami is surrounded by adult entertainment businesses. The closest is actually within the city's borders, BT's Gentleman's Club at 5922 South Dixie Highway. It was permitted by the City Commission in November 2003 consistent with a settlement agreement. Each of the surrounding communities has zoning regulations that are very similar in their definitions, permission and restrictions on permitted uses. All reflect that zoning regulations are applied to such uses, because they are recognized as having objectionable characteristics, particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent activities and residential areas. Therefore, each jurisdiction has chosen to locate these adult - oriented activities away from residential areas and public facilities that are frequently used by minors such as schools, places of worship, parks, libraries, day care centers and nurseries. is \projects \350Ksu ey. doe 12 Appendix A Land Use Plans for Communities Within Five Miles of the City of South Miami Border • Miami -Dade County • Coral Gables • Miami • Palmetto Bay • Pinecrest • Sweetwater • West Miami Appendix B Zoning Regulations of Communities Within Five Miles of the City of South Miami Border • Miami -Dade County • Coral Gables • Miami • Palmetto Bay • Pinecrest • Sweetwater • West Miami CODE of MIAMI -DADE COUNTY, FLORIDA Codified through Ord. No. 04 -77, enacte... Page 1 of 5 _0 Preliminaries CODE of MIAMI -DADE COUNTY, FLORIDA Codified through Ord. No. 04 -77, enacted April 27, 2004. (Supplement No. 42) CODE OF METROPOLITAN DADE COUNTY, FLORIDA VOLUME I Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1992 OFFICIALS of METROPOLITAN DADE COUNTY AT THE TIME OF THIS CODIFICATION Stephen P. Clark, Mayor Mary Collins, District 1 Alexander Penelas, District 2 Arthur E. Teele, Jr., District 3 Sherman S. Winn, District 4 Harvey Ruvin, District 5 Joseph M. Gersten, District 6 Charles Dusseau, District 7 Larry Hawkins, District 8 Board of County Commissioners Joaquin G. Avino http: // library .municode.comlgateway.dll/FL 11floridaI / 10882 / 10883 ?f--templates$fn= docu... 9/21/2004 ARTICLE XXIX. IU -1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT* Page 1 of 1 ARTICLE XXIX. IU -1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT* *Cross references: Barbed wire fences in IU Districts, § 33- 11(i); fence in lieu of wall in IU District, § 33- 11(j). Sec. 33 -259. Uses permitted. No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU -1 District, excepting for one (1) or more of the following: (1) Residential uses as a watchman's or caretaker's quarters in connection with an existing industrial use located on the premises concerned. (2) Adultentertainment uses as defined in Section 33- 259.1, subject to all the restrictions and spacing requirements contained in said Section 33- 259.1. (3) Aircraft hangars and repair shops, aircraft assembling and manufacturing.* http:H library .municode.com /gateway.dlllfll lfloridal /10882/11247 /11287 ?f--templates$fn =... 9/21/2004 ARTICLE XXIX. IU -1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT* Sec. 33- 259.1. Additional uses permitted. Page 1 of 3 (a) In the development and enforcement of this section it is recognized that there are uses which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent business and residential areas. It is desirable, therefore, to locate these adult oriented activities away from residential areas and public facilities that are used frequently by minors such as schools, churches, parks, libraries, daycare centers or nurseries. (b) For the purpose of this section the following definitions for terms used herein shall apply: (1) Adult bookstore. Any business engaged in displaying, distributing, bartering, renting or selling printed matter, pictures, films, graphic or other materials which activity requires the exclusion of minors pursuant to Chapter 847, Florida Statutes, unless such activity comprises no more than fifteen (15) percent of the total floor area and is kept from clear view of minors. (2) Adult theater. Any business engaged in presenting films, theatrical productions, performances, recitals, displays, printed matter or other entertainment which activity requires the exclusion of minors pursuant to Chapter 847, Florida Statutes. (3) Adultentertainment club. Any business which features live entertainment requiring the exclusion of minors pursuant to Chapter 847, Florida Statutes. (4) Adult video store. Any business engaged in displaying, renting or selling videotapes which activity requires the exclusion of minors pursuant to Chapter 847, Florida Statutes, unless such activity comprises no more than fifteen (15) percent of the total floor area and is kept from clear view of minors. (5) Massage establishment. a. Any shop, parlor, establishment or place of business wherein all or any one (1) or more of the following named subjects and methods of treatments are administered or practiced: Body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage or tapotement. b. Nothing in this section shall be construed as applying to State of Florida licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, physical therapists' assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing home or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants, or employees acting in the course of such agency, service or employment under the supervision of the licensee. C. Provided, however, that, for the purpose of this section, the term "massage establishment" shall not include any massage establishment wherein at least one (1) State of Florida licensed massage therapist is employed and on duty full time during the hours open for business. (6) Adult modelling establishments. Any establishment offering nude or partially nude modelling sessions or lingerie, swimwear or photography modelling sessions between two (2) or more persons requiring the exclusion of minor http:// library .municode.comlgateway.dlllfll lfloridaI / 10882 /11247 /11287 ?�templates$f i =... 9/21/2004 ARTICLE XXIX. IU -1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT* Page 2 of 3 pursuant to Chapter 847, Florida Statutes. (7) Encounter studio. All establishments offering nude or partially nude encounter sessions between two (2) or more persons, nude or partially nude dance encounter sessions between two (2) or more persons, and sexual consultation requiring the exclusion of minors pursuant to Chapter 847, Florida Statutes. (c) The following additional uses shall be permitted in the IU -1 zone: (1) Adult bookstore; (2) Adult theater; (3) Adultentertainment club; (4) Adult video store; (5) Massage establishment; (6) Adult modelling establishment; (7) Encounter studio. (d) Unless approved as a special exception, none of the uses set forth in Subsection 33.259.1(c) shall be permitted (i) within one thousand (1,000) feet of a private school as defined in Section 33- 151.11, public school, church, public park, public library, day care center or nursery for children; (ii) within one thousand two hundred (1,200) feet of any of the uses described in Subsection 33.259.1(c); and (iii) within seven hundred fifty (750) feet of any residential zoning (with the exception of AU) district located within either the unincorporated areas of Miami -Dade County or within a municipality; provided, however, that the spacing requirements above shall not apply where the adultentertainment use is separated from the uses set forth at Subsection 33.259.1(d)(i) and Subsection 33.259.1(d)(iii) above by a county or state road of not less than six (6) lanes, or an expressway. All other distance and spacing requirements pursuant to the Code shall apply, as well as those spacing requirements imposed by State Statute, if such State spacing requirements are more restrictive than the regulations contained herein. Any application seeking a variance from State imposed spacing requirements shall be heard directly by the Board of County Commissioners pursuant to Section 33- 314(C)(8). (e) The distance and spacing requirements set forth in Subsection (d) shall be measured as follows: (1) From a church, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the church property. (2) From a private or public school, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the school grounds. (3) From another Subsection 33.259.1(b) use, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the existing Subsection 33.259.1(b) use. (4) From residential zoning districts, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest boundary of the residential zoning district. http: / /library.municode.coml gateway. dll /fl1lflorida1 /10882/11247/11287 ?templates$fn =... 9/21/2004 ARTICLE XXIX. IU -1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT* Page 3 of 3 (5) From a public park, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on park grounds. (6) From a public library, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point of the library property. (7) From day care centers or nurseries for children, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the property of the day care center or the nursery. (f) For the purposes of establishing the distance between the uses set forth in Subsection 33.259.1(b), and between such uses and private schools as defined in Section 33- 151.11, public schools, churches, public parks, public libraries, day care centers or nurseries for children, or residential zoning districts, the applicant for such use shall furnish a certified survey from a registered surveyor. Such sketch shall indicate the distance between the proposed place of business, and any existing Subsection 33.259.1 (b) use, any church, public school, private school, public park, public library, day care center or nursery for children or residential zoning district. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement, scaled by the Director of the Department of Planning and Zoning shall govern. (g) Exemptions to spacing requirements. This section shall not apply to accredited universities, accredited colleges or other accredited educational institutions, museums, art exhibits, arts and cultural performance theaters and playhouses or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. (h) Legally existing nonconforming uses. The following uses shall be deemed legally existing, whether or not such uses comply with the regulations enacted by this section, provided however, that nothing contained herein shall exempt such uses from complying with Section 33 -35 of the Code Miami -Dade County. (1) Any adultentertainment use for which a building permit has been issued to establish such use prior to January 1, 2002, provided the work authorized by the building permit is completed and a Certificate of Use and Occupancy ( "CO ") is issued within the time prescribed by applicable regulations; or (2) Any adultentertainment use for which a CO has been issued prior to January 1, 2002, provided such CO is valid (not expired or revoked) as of January 1, 2002. (Ord. No. 02 -23, § 2, 2- 12 -02) http: // library .municode.comlgateway.dll /fl 1lfloridal / 10882 /11247 /11287 ?f= templates$fn =... 9/21/2004 -�� ,, i . -, ,� _. -, _, "� � ,, _, J '" ''._ __ __ Zom"ngy bode of the pity of Coral Gables, Florida The City Beautiful March 2004 (x) (Y) (z) height of not more than three (3) stories or forty -five (45) feet, whichever is less, one - thousand (1,000) square feet of ground area shall be required for each apartment shall be as set forth under Section 3 -4 (t). Density requirements for apartment building having a height of not more than six (6) stories or seventy (70) feet, whichever is less. The density requirements for apartment buildings having a height of not more than six (6) stories or seventy (70) feet, whichever is less, located in that area of the Douglas Section bounded on the west by Salzedo Street, on the north by Southwest Eighth Street (Tamiami Trail), on the east by Douglas Road and on the south by Section K and Section L, shall be governed by the following density requirements: The number of units permitted shall be calculated at the rate of forty (40) units per acre or fraction thereof. Density requirements for apartment buildings having a height of not more than thirteen (13) stories or one - hundred and fifty (150) feet, whichever is less. Apartment buildings having a height of not more than thirteen (13) stories or one - hundred and fifty (150) feet, whichever is less, shall be governed by the following density requirements: The number of units permitted shall be calculated at the rate of sixty (60) units per acre or fraction thereof. Usable open space. Usable Open Space for apartment buildings four (4) or more stories in height shall be provided as follows: 1. Each apartment building site shall provide usable open space equal to the minimum of twenty -five (25 %) percent of the building site and such area shall be appropriately landscaped with trees, shrubbery, grass, hedges and other acceptable landscape material. Such landscaped material shall be maintained in a neat and orderly appearance. One -third ('/) of the above requirements may be located on an elevated deck. 2. Accessory deck used for recreation or other tenant use may count as required open space up to a maximum of one -third ('/) the total required usable open space, A3 -13 provided the height of such decks does not exceed thirty (30) feet. Sec. 3 -5 - Mixed -use district regulations. (2734) (a) Mixed -uses. These regulations are intended to allow the harmonious mix of complementary uses within a single development. They are intended to promote efficiency of land use, provide convenience, decrease vehicular traffic and encourage greater housing options. Developers wishing to utilize the mixed use provisions outlined herein shall so indicate on their submitted plans. (b) Mixed -Use District No. I. Commercial Use Districts. The standards set forth herein are to encourage the mix of residential uses into commercial development. All regulations of the underlying use district shall remain in effect except as otherwise specified herein. Whenever a conflict exists between these standards and regulations in other sections of this Code, the standards set forth herein shall supersede. All applications shall be reviewed in accordance with Article 23 and 25 of the Zoning Code, and will require site plan review and recommendation by the Planning and Zoning Board, and approval by the City Commission by resolution. 1. Location eligibility. All properties zoned for C -Use and located within the following described geographic area shall be eligible to use the standards set forth herein for Mixed - Use District No. 1. a. The area bounded by Southwest Eighth Street to the north, Palermo to the South, Douglas Road to the east and LeJeune Road to the west. (3326) 2. Limitation. In order to encourage the creative mix of uses, all developments, whether existing, new, renovated or proposed shall be eligible to utilize the Mixed -Use District No. 1 regulations, providing that the development shall have at least twenty -five (25 %) percent, but no more than seventy -five (75 %) percent of the gross floor area as residential uses. Such residential uses may include apartments, apartment- hotels and hotels. The non - residential portion of the Mixed - Use District No. 1 development may include office, industrial, retail, restaurant, entertainment, recreational and cultural uses as permitted by the underlying district. 3. Setbacks. The following general setbacks shall apply to Mixed -Use District No. 1 developments, but shall not supersede the specific setbacks listed for main buildings at specific locations in Article 4 of this Code: a. Front, Side (Interior), Side (street): (1) That portion of the building exceeding thirty- five (35) feet in height shall provide a ten (10) foot minimum setback plus one foot for each twenty -five (25) feet over thirty -five (35) feet. (2) Corner lots which have no radii shall have a ten (10) foot setback from the corner between three (3) and eight (8) feet above the established grade. b. Rear: (1) Where there is a dedicated alley in the rear, all buildings shall be set back five (5) feet up to the first fourteen (14) feet in height. For that portion of buildings above fourteen (14) feet in height, there shall be no setback requirements from the rear property line. (2) Where there is no dedicated alley in the rear, a ten (10) foot minimum rear setback shall be provided. (3) Parking garages shall be required to provide the same minimum setbacks as required for the main building provided however, that no setback shall be required for that A3 -14 portion of a parking garage which is located completely below grade. 4. Open space. a. Plazas, courtyards, arcades and loggias paved with a pervious material may be considered open space and counted as such toward the open space requirement up to a maximum of one - hundred (100 %) percent. b. Plazas, courtyards, arcades and loggias paved with an impervious material may be considered open -space and counted as such toward the open space requirement up to a maximum of seventy -five (75 %) percent. 5. Ground area coverage. a. The ground area coverage standards set forth in Section 3 -4(q) of this Code for apartments, apartment- hotels, and hotels shall not apply to Mixed -Use district No. 1 development. b. When the residential portion of the development is less than the nonresidential portion, the maximum ground area coverage allowed for the Mixed -Use District No. 1 development may be ten (10 %) percent greater than that which is permitted for apartments, apartment- hotels or hotels alone. This increase is equivalent to the percentage listed in the Maximum % Ground Cover Principal Access and Deck Building column included in Section 3 -4(q) of this Code. 6. Floor area ratio. a. When multiple uses are incorporated into a development of four or more stories in height, the floor area ratio (F.A.R.) for each use shall be individually determined according to Sections 3 -4(s) and 3 -6(y) of this Code and the highest of the individual F.A.R.'s shall be applied to the entire development. 7. Parking a. Required off - street parking may not be reduced for the office and /or industrial portion of a Mixed -Use District No. 1 development. b. Required off - street parking may be reduced by a given percentage for the residential, retail, restaurant, recreation, cultural, entertainment and /or similar portions only or a Mixed -Use District No. 1 development in accordance with the chart below: OFFICE 75% 10% parking reduction PORTION 65% 15% for uses other OF 55% 20% than office DEVELOPMENT 45% 15% 35% 10% 25% 35% 45% 55% 65% 75% % of development consisting of uses other than office (3326) C. Required off- street parking spaces may not be reserved, assigned and /or designated for a certain use, business or individual or restricted in any way other than that which is otherwise required such as handicap, delivery vehicle or bicycle parking. 8. Ground floor treatment. a. Ground floor treatment for all Mixed -Use development shall be pedestrian oriented, and shall detail the percent glazing to solids, pedestrian- oriented lighting, pedestrian- oriented landscaping and other features when submitting to the Board of Architects and Planning and Zoning Board. (c) Mixed -use District No. 2. The standards set forth herein are to encourage the mix of limited commercial uses into residential development. All regulations of the underlying Use District shall remain in effect except as otherwise specified herein. Whenever a conflict exists between these standards and regulations in other sections of the Code, the standards set forth herein shall supersede. A3 -15 1. Location eligibility. All properties zoned A and located within the following described geographic area shall be eligible to use the standards set forth herein for Mixed -Use District No. 2. The area bounded by Southwest Eighth Street to the north, Minorca Avenue to the south, Douglas Road to the east and LeJeune Road to the west. (2778, 3326) 2. Limitation. In order to provide convenience to residents of multi- family dwellings and reduce vehicular traffic, all developments, whether existing, new, renovated or proposed shall be eligible to utilize the Mixed -Use District No. 2 regulations, providing that the development shall consist of no more than one building and have at least twenty (20) apartment units. In addition, at least eighty (80 %) percent, but no more than ninety - five (95 %) percent of the gross plan area of the building must be in apartment use. 3. Permitted uses. The following is a list of Mixed -Use District No. 2 permitted uses: apartment building, automatic teller machine, bakery (no baking on premise), barber shop and beauty shop, bookstore, drug and sundry store, dry cleaner (no cleaning on premises), florist, food store (gourmet or convenience), stationery store. 4. Ground area coverage. The maximum ground area coverage permitted for Mixed -Use District No. 2 developments may be ten (10 %) percent greater than that which is permitted for apartment use alone. This increase is equivalent to the percentage listed in the Maximum 0% Ground Cover Principal Access and Deck Building column included in Section 3 -4(p) of this Code. 5. Floor area ratio (F.A.R.). The maximum F.A.R. for Mixed -Use District No. 2 developments having a height of four (4) or more stories shall be determined according to Section 3 -4(s) of this Code, except that the F.A.R. listed in the column (d) J entitled Maximum F.A.R. shall be increased by five (5 %) percent. 6. Parking. Required off - street parking for Mixed -Use District No. 2 developments shall be determined according to the requirements of Article XI11 of this Code and may be reduced by twenty (20 %) for the non - residential use portions of the development. 7. Business access. Businesses in Mixed -Use District No. 2 developments are primarily intended to serve the needs of the residents within the development; therefore, access from the exterior of the development to such businesses shall be limited so as not to create a commercial /retail appearance on the outside of the development. 8. Business advertising. Businesses within Mixed -Use District No. 2 developments shall not contain exterior store fronts, exterior advertising, or give the appearance of non - residential activity within the building. Mixed Use Overlay District 3 (MXD3). (2004 -04) 1. Applicability. a. Mixed Use Overlay District 3 (MXD3). The MXD3 is an overlay zoning designation that is supplemental to the underlying zoning designations and other applicable City regulations. Property owners who choose to develop under these regulations and secure site plan review within the MXD3 zoning designation shall be governed by the requirements and regulations contained herein. Property owners who choose not to utilize these regulations may develop pursuant to the applicable underlying zoning district regulations and other applicable provisions of the Comprehensive Land Use Plan (CLOP), Zoning Code, and City Code. b. Underlying zoning. All provisions of the underlying zoning district, Zoning Code, A3 -16 CLUP and City Code shall apply unless superceded by the regulations and provisions contained herein. c. Zoning Map identification. Upon assignment of the MXD3, the boundaries and adopting Ordinance number of the MXD3 shall be placed upon the City Zoning Map. 2. Purpose. The purpose and intent of these regulations is to: a. Provide the method by which tracts of land may be developed as a planned unified project rather than on a lot -by- lot basis as provided for in the City's other zoning regulations. b. Provide for residential uses within the area and provide higher densities in exchange for public realm improvements. C. A maximum of design freedom by permitting the property owners an opportunity to more fully utilize the physical characteristics of the site through modified development regulations and the planned mixing of uses. d. Require that property approved by the City Commission will be developed through a unified design providing continuity among the various elements causing a better environment. e. Create a diversity of uses within walking distance, including but not limited to: residential; offices, workplaces; neighborhood commercial; public open spaces including the following attributes: (1) Provide a variety of uses in the area to that which can be traversed in a ten - minute walk which is an area roughly inscribed by a 1,320 foot (1/4 mile) radius from the center. (2) Bring within walking distance most of the activities of daily living, residents of all ages may gain independence of movement, thereby reducing the number and promote a pedestrian friendly length of vehicular trips. environment. This can be (3) Designed and organized accomplished by the following: to promote an (1) Utilization of a variety of assortment of street level architectural attributes pedestrian amenities in and street level exchange for increase in amenities to create a building height, sense of place, including residential density, and the spatial relationship of floor area ratio. buildings and the (4) Provide for the ability to characteristics created to reduce setbacks and ensure attractive and encroachment into the functional areas. public rights -of -way with (2) Increase the choices public open space available for improvements. transportation to (5) Designed to provide for encourage increased architectural and design mobility and reduction in elements focused to a transportation expenses. pedestrian scale. Choices shall include (6) Strengthen the hierarchy public transit, bicycle and of streets and maintain pedestrian circulation the existing "grid" opportunities. network that is designed (3) Integration of street level to serve the needs of plazas, courtyards, pedestrians, , bicyclists opens space and public and vehicular circulation gathering areas including equitably. the creation and (7) Encourage landmark preservation of corridors, opportunities, including vistas and landmark physically defined features. squares; plazas; urban (4) Provide for an increased passageways; parks; range of housing types public open spaces; and, and workplace places of public opportunities, where age assembly for social, and economic class are cultural and religious integrated and the bonds activities provide places of community are for social activity. formed. (8) Encourage private and 3. Definitions. For the purpose of this public buildings to form a section, the terms listed below shall clear edge, spatially only be applicable to these delineating the public provisions. The definitions in Article street space and block 2 are also applicable to these interiors. provisions. f. By organizing appropriate a. Arcade and /or loggia. A building densities, public transit permanent structure that is will be further strengthened as constructed, contiguous, an alternative to the use of parallel and attached to an private vehicles. adjoining building and attached g. Provide a strong emphasis on to the structural components of aesthetics and architectural a building that provides cover design through the use of the and protection from the regulations and the planned elements for pedestrian mixing of uses to establish passageways, sidewalks, etc. identity, diversity and focus to Arcades shall be accessible to A3 -17 the public at all times. Arcades the following or combination of, may include building columns, but shall not be limited to: landscaping, statuary, pools, grass; ground cover; shrubs; fountains or similar pedestrian vines; hedges; and /or trees. amenities. j. Landscaping, hardscape. b. Architectural relief elements. Nonliving, durable material Architectural elements, commonly used in ornamentation, decorative landscaping, such as rocks, features installed, attached to, pebbles, sand, tree grates, protruding, or painted to the walls or fences, but excluding exterior of a building or nonpervious paving materials. structure for the purpose of k. Live /work. Residential dwelling ornamentation or expression. unit that includes flex space for C. Atrium. A ground level area which may be used designed for pedestrian use commercial, retail, office, that satisfies the following: (1) and /or services. has at least one entrance I. Mediterranean Architecture, connecting to a public street, Coral Gables. An architectural plaza or arcade; (2) is open to style that exhibits George the top of the building by Merrick's vision as is defined means of a vertical open space by the Code subject to review or light well and is covered by and approval by the Board of a transparent or translucent Architects. material; (3) is open to the m. Mixed use. An innovative public during business hours; overlay zoning mechanism and, (4) contains pedestrian which allows a land area of a amenities as defined herein. minimum contiguous size to be d. Clear unobstructed space. planned, developed, operated Minimum unobstructed space and maintained as a single - required to accommodate entity according to a site plan pedestrian circulation and which, as a result, permits applicable ADA requirements. variations based upon review e. Contiguous. In contact, criteria in many of the adjoining, abutting, touching or traditional controls related to - having a boundary or portion floor area ratios, densities, land thereof with another object, uses, setbacks, landscaped item or property. open spaces and other design f. Courtyard, public. An area elements, with the expressed accessible at grade by the purpose of improving the public public and open. Courtyards realm with public may be permitted to be a improvements for the benefit of component of the main entry the public. sequence. n. Mixed use site plan. A plan to g. Floor to floor height. The scale, indicating uses and building area occupied as living structures proposed for a space and applicable support parcel of land as required by services. the regulations contained h. Habitable space. An area herein. where the purpose is to o. Open space, public. Any land accommodate and /or house or area for the use of the persons and /or activities. This public, which is designed and includes support services intended for common use or necessary to accommodate enjoyment of the public which those persons or inhabitants. includes plazas, squares, i. Landscaping, softscape. arcades /loggias, pedestrian Materials consisting of any of pass- throughs, courtyards, etc. A3 -18 19 H r. t. L" Atriums and fully enclosed V. Private. Private shall mean spaces are not considered that which is neither public nor open space. civic. The use is intended Overhead doors. Larger type solely for the utilization of a doors utilized for the use of the select group of individuals or delivery of goods and services, persons. typically provided by vehicles. w. Prohibited uses. Uses which Overlay zoning district. Zoning are not permitted based upon designation that prescribes these provisions. special regulations and X. Property owners association additional requirements upon (POA). Shall mean the an underlying zoning district organization of owners of without changing the parcels of lands, and /or requirements of the underlying buildings with the responsibility district in exchange for to safeguard the rights of increases, changes or tenants, owners, etc., through modifications to intensity and the implementation of density. The overlay is covenants and restrictions, voluntary and is only applicable including, but not limited to: if a property owner desires to maintenance responsibilities of develop under the regulations. all common areas, open Pedestrian amenities. spaces and other public areas, Improvements including but not standards for building location, limited to the following: construction, etc. benches; refuse containers; y. Principal structure. Main or lighting; Information kiosks; primary structure that contains bike racks; planter boxes; a use that is permitted statuaries; wall mounted pursuant to all applicable fountains; pavers; street regulations including all the furniture; freestanding support services for a fountains; other water features; development. art; and other similar Z. Public. Public shall be defined improvements provided and as that for which the use is not utilized by the public. for private use or function. Pedestrian pass- through. aa. Publicly accessible. An area Public area, sidewalk and /or that is accessible by the public passageway that are for use 24 hours a day /7 days commonly shared or used for a week. pedestrian circulation that bb. Public benefit. A feature, land connects or serves two or area, improvement, building, more properties. etc., that provides a benefit Plaza or square. Public open and whose expressed purpose space area for the gathering of is to benefit the public. the public for recreational cc. Public improvement. Any purposes, limited public improvement, facility or service assembly and social interaction that is planned and designed which is designed and for public use located on public intended for common use or land, site, rights -of -way with enjoyment of the public which the purpose of providing public includes pedestrian amenities access and use 24 hours a as defined herein. day /7 days a week. Porte - cochere. A structure dd. Public realm. The land area, attached and erected over a common area, use or facility driveway or similar vehicular either on public or private circulation that is open on two property that is available to the or more sides. public including but not limited A3 -19 ee. ff. .. hh. to sidewalks, rights -of -way, alleys, plazas, open space, atriums, arcades, loggias, parks, paseos, playgrounds, water concourses or any other places commonly open to the public including areas on private property commonly open to view by the public. Public realm is also defined as all improvements required pursuant to these provisions including but not limited to the following: benches; information kiosks; lighting; bike racks; refuse containers; sidewalk pavement treatments; statuary; street crosswalk paver treatments; wall mounted fountains; water fountains and other similar water features and under grounding of utilities. Public Realm Design Manual. A manual that specifies those improvements and /or amenities that is located in the public realm. Retail service uses, personal. Uses that generally provide a personal service to those properties within proximity to the development, within the development or daytime users of the area. Stepbacks. Changes in the surface, facade or facing of a structure or building that are beyond the required setbacks with the intent of providing depth and /or variations to the building facade. Street lamps. Light standard equipped with an incandescent, metal halide, high pressure sodium or equivalent lighting for the purpose of illuminating the surrounding properties. Tower, decorative. A portion of a building or structure that is higher than the remainder of the building and is of smaller size and dimension than the principal building. A3 -20 Any other terms or words not defined herein or within Article 2 of the Zoning Code shall rely on the latest version of Webster's and /or Black's Law Dictionary. 4. Location eligibility. The Mixed Use Overlay District is bounded by the following streets: Bird Road (north); S.W. 39th Avenue (east); San Lorenzo and Altara Avenue (south); and, LeJeune Road (west). 5. Architectural theme. All structures, buildings, accessory buildings shall utilize the Coral Gables Mediterranean Architecture. 6. General. MXD3 site plans shall satisfy the following: a. Consistency with the Comprehensive Land Use Plan (CLUP). Applicants desiring mixed use site plan review shall be required to satisfy all other applicable CLOP requirements. b. All other applicable provisions of the Zoning Code, Subdivision and City Code. All land development regulations contained within the Zoning Code, Subdivision Code and City Code shall be applicable to all properties designated MXD3, unless specifically superseded by the regulations contained herein. C. All other applicable county, state and federal regulations; all development . order approvals. All development shall satisfy all applicable county, state and federal regulations„ 7. Application requirements. a. Preapplication conference. Prior to the submission of an application for site plan review, the applicant is required to schedule a Preapplication conference with the Planning Department to present a preliminary site plan and other supporting materials. The Preapplication conference requirements, application requirements, application review scheduling and public This approval shall be by the hearing consideration adoption of a Resolution. timeframes, shall be d. Streetscape landscape and determined by the Planning design plan. Applicants Director as outlined in the desiring site plan review shall Planning Department prepare a streetscape design Development Review plan of all contiguous rights -of- Handbook, as amended. way satisfying all regulations b. Property owners consent. All contained herein. The plan property owners of record shall include improvements to within the land area included the centerline of all adjoining within the site plan shall be rights -of -way. Additional area required to submit consent may be requested to include and /or agreements as firm the entire right -of -way width to evidence as to the adequately plan for the entire understanding of these adjoining rights -of -way. regulations. e. Review shall be subject to the C. Application requirements. following: Applications for site plan (1) Approval. The approval of review in addition to these all site plans by the City provisions shall be subject to Commission is the provisions as set forth in discretionary and subject to Article 25. satisfying the site plan d. Application fees. The criterion provided in application and site plan review Section 11. It is not fees shall be $5,000.00 dollars mandatory that a portion or in addition to other applicable any portions of the site fees as outlined in Article 25, plan be approved. as amended. (2) Agreements. Applicants 8. Development review process. and /or property owners, Application for site plan review shall successors or assigns may adhere to the following hierarchy for be required to provide review: agreements, covenants, a. Development Review contracts, deed Committee Review. Review by restrictions, easements or City Staff prior to submission of sureties acceptable to the an application for the Board of City for completion of the Architects and mixed use site following: plan review. (a) Undertaking of all b. Board of Architects review for conditions in Coral Gables Mediterranean accordance with the Architectural Theme. approved site plan. Preliminary architectural review (b) Bind all development prior to consideration by the successors in title to Planning and Zoning Board. any conditions and Final review shall occur after commitments made of City Commission approval. these provisions and C. Mixed use site plan review. approved site plan. The City Commission upon (c) Provide for the financial review and recommendation by responsibility to the Planning and Zoning Board continuing the and Planning Department, may operation and grant final approval of a site maintenance of those plan in association with the public open space below listed streetscape, areas, public realm, landscape and design plan. pedestrian amenities, A3 -21 functions and facilities that are provided, at the expense of the designated property owner and /or property owners association, etc. f. Approval of plats (if applicable). The filing of a tentative and final plat for any portion of a development site may be filed concurrently or with site plan approval. These applications shall be filed in accordance with the procedure set forth in the City Code, Section 23, entitled "Subdivisions" as may be amended from time to time. g. Development approval time limitation. Upon receipt of approval, applicants securing approval shall submit an application for building permit for the site plan within 24 months of final approval. Failure to submit shall render the approval void and require resubmission of an application. 9. Amendments to site plans. a. Minor amendments. Minor amendments to an approved site plan are those amendments that are not listed as a major amendment as defined below. b. Major amendments. Major amendments shall be determined by the Planning Department based upon the below listed criteria. The following types of amendments shall not be considered minor, and shall require City Commission approval upon review and recommendation by the Planning and Zoning Board and Planning Department: (1) Any proposed increases in the following: (a) Total square footage of any nonresidential use resulting in an increase of more than 20 %. (b) Height of any structure. (c) Floor area ratio. A3 -22 (d) Density. (2) Any boundary change. (3) The addition, modification and /or relocation of more than 20% of the total square footage indicated as being covered by structures. (4) Any amendments which would alter the character, significantly alter the appearance, or decrease the approved amenities, after a site plan is approved by the City Commission. Such amenities shall include, but not be limited to the following: arcades, plazas, open spaces, public improvements, and common areas. (5) Significant changes in architectural styles or building materials that are inconsistent with approved site plans and elevations. (6) Any change in the conditions of approval. (7) Any other circumstances that in the opinion of the Planning Director are a departure from the approved site plan. Rearrangement of uses or locations on a property may be approved by the Planning Department unless the proposed amendments conflict with the specified conditions of approval. 10. Development regulations. Applications for mixed use site plan review are subject to compliance with the below listed development regulations: (1) Mixed Provide a minimum of 8% of the use total square footage of the percent- building square footage (not ages. including parking garage square footage) or the entire ground A3 -23 • Hotel. • Jewelry stores. • Leather goods. • Luggage shop. • Mail services and associated services. • Museums. • Music, radio, television and electrical appliances stores. • Nail salon. • Newspaper, magazines or other similar reading materials sales. • Office supply and equipment. • Optical stores. • Paint stores (retail only). • Personal services. • Pharmacy. • Photographic development, equipment supplies and services • Picture framing. • Printing, reproduction and publishing services. • Residential. • Restaurants, cafes, cafeterias and delicatessens. • Retail services uses, personal. • Sales and. /or leasing offices as a part of a residential development for a period not to exceed 12 months from issue of Certificate of Occupancy. The City Manager may grant a maximum of two extensions for a period of six months each with a cumulative total not to exceed 12 months. • Security offices for the purpose of providing security for the building /properties. • Shoe sales and repairs. • Slenderizing salons. • Sporting goods. • Stationery stores. • Tailor shop. • Theaters, motion picture facilities or other associated theatrical productions. • Ticket office. • Travel agency. • Video, computer and software rental and sales. Public rights -of -way in excess of 100 feet may accommodate the following ground floor uses: • Office uses. floor, whichever is greater, of permitted ground floor uses. Remaining portions of the building may be uses permitted in the underlying zoning designations as modified by these regulations. (2) Uses. Permitted uses include those uses permitted in the underlying zoning designations. (3) Prohibited The following uses shall be uses. prohibited uses: • Animal boarding facilities. • Pet shops. (4) Additional Live work units subject to the permitted provisions within Section 12. uses. (5) Auxiliary Uses and structures which are and /or customarily auxiliary and accessory accessory and clearly incidental uses and to permitted uses and structures structures are permitted subject to limitations and other lawful regulations pertaining thereto. Any use permissible as a principal use may be permitted as an accessory use, subject to limitations and requirements applying to the principal use. (6) Permitted The below listed uses shall be ground the only permitted street/ground floor level uses. All other uses not uses. listed are prohibited. • Antique and curio shops with associated furniture repair /restoration. • Apparel and clothing sales. • Art dealers, galleries, goods and studios. • Automatic teller machines. • Bakery. • Barbers /beauty parlor. • Book store. • Confectionery, sale of cookies, ice cream. • Cosmetic, perfumes and toiletries stores. • Dance studio. • Dress making and alteration shops. • Dry cleaning and laundry pick up facilities. • Drug and sundry stores. • Florist. • Furniture stores and similar home decorating uses. • Government/public uses. • Grocery. • Hardware. • Hobby supplies. A3 -23 • Hotel. • Jewelry stores. • Leather goods. • Luggage shop. • Mail services and associated services. • Museums. • Music, radio, television and electrical appliances stores. • Nail salon. • Newspaper, magazines or other similar reading materials sales. • Office supply and equipment. • Optical stores. • Paint stores (retail only). • Personal services. • Pharmacy. • Photographic development, equipment supplies and services • Picture framing. • Printing, reproduction and publishing services. • Residential. • Restaurants, cafes, cafeterias and delicatessens. • Retail services uses, personal. • Sales and. /or leasing offices as a part of a residential development for a period not to exceed 12 months from issue of Certificate of Occupancy. The City Manager may grant a maximum of two extensions for a period of six months each with a cumulative total not to exceed 12 months. • Security offices for the purpose of providing security for the building /properties. • Shoe sales and repairs. • Slenderizing salons. • Sporting goods. • Stationery stores. • Tailor shop. • Theaters, motion picture facilities or other associated theatrical productions. • Ticket office. • Travel agency. • Video, computer and software rental and sales. Public rights -of -way in excess of 100 feet may accommodate the following ground floor uses: • Office uses. (7) Retail Minimum of 50% of the linear frontage street frontage shall include retail on use frontage. streets. placement of a street level (8) Retail Minimum of 40% linear street frontage frontage shall include retail use on side frontage or public realm land streets. area (i.e., plazas, courtyards, way. open s ace, etc.). (9) Retail No minimum or maximum frontage required. on allevs. floor square footage (1) Minimum 20,000 square feet. site area. (2) Lot No minimum or maximum. (1) Encroach Encroachments up to a maximum ments for of 10 feet into public rights -of- loggias way may be permitted for the and /or placement of a street level arcades pedestrian arcade /loggia subject located to satisfying the site plan criteria within listed herein and the following rights -of- regulations: way. Minimum percentage of open space. A minimum of 50% percent of the total ground floor square footage encroachment requested must be provided as publicly accessible open space and landscape area on private property. The open space is subject to the following: • Types of open space. Types of open space shall be in the form of open arcades /loggia, courtyards, plazas, pedestrian pass - throughs or open atriums adjacent/contiguous to the adjacent rights -of -way. • Minimum area. Minimum square footage of allowable open space shall be 500 square feet. • Include both hard and softscape landscape improvements and pedestrian amenities as defined herein. • Vertical volume. As a minimum include a vertical volume of space A3 -24 equal from street level to the first floor height or 18 feet, whichever is greater. Additional height may be recommended. • Restaurant seating. This area may be used for outdoor restaurant seating subject to conditional use approval as provided for in the Zoning Code. • Maximum arcade/loggia lengths. Encroachments of up to 80% of the entire linear length of the building are permitted. Encroachment of the entire length may be requested subject to review and approval at the time of site plan street. Limitations of encroachments on corners of buildings may be required to control view corridors and ground floor building bulk and mass. • Vertical encroachment. Structure shall be limited to the following: • 3 floors or 45 feet (whichever is less) on 60 foot rights -of- way. • 1 floor or 18 feet (whichever is less) on rights -of -way less than 30 feet. • The encroachment shall be structurally supported entirely from the adjoining private property. All applicable costs for improvements and /or relocation to utilities, sanitary sewer, stormwater, and other associated infrastructure improvements as a result of the request shall be the responsibility of the property owner. On street parking displaced as a result of the encroachment shall be provided as public parking spaces within the proposed development and compensation for the removed spaces shall be subject to the established City provisions. (2) Encroach Bridges traversing a public right - ments of of -way is permitted, however, bridges only if properties on both sides A3 -24 (12) over are under same ownership. (13) rights -of Reduction in setbacks. Setbacks way. may be reduced based upon (3) Encroach Subject to applicable Zoning ments for Code provisions. balconies, following standards: awnings, • Minimum percentage of open etc. space. A minimum of 50% (4) Floor Up to 3.5. area ratio. floor square footage received (5) Floors. No minimum or maximum required. (6) Floor to The minimum floor to floor height floor shall be permitted as regulated hei ht. per the Building Code. (7) Height. The permitted heights for habitable space for the following underlying zoning designations shall be as follows: • Underlying "M," Industrial use district. Up to a maximum of 100 feet. • Underlying "CB," use district. Up to a maximum of 75 feet. • Underlying "CC," use district. Up to a maximum of 100 feet. • Manufacturing uses shall be limited to 45 feet. (8) Heights of The permitted height of architect- architectural elements, spires, ural bell towers, elevator housings or elements, similar non habitable structures etc. for the following underlying zoning designations shall be as follows: • Underlying "M," Industrial use district. Up to a maximum of 25 feet. • Underlying "CB," use district. Up to a maximum of 15 feet. • Underlying "CC," use district. Up to a maximum of 25 feet. • Manufacturing uses shall be limited to 10 feet. (9) Height Properties which are adjacent to adjoining residential zoning district resident- designations shall be limited to a ial uses. maximum height (habitable space) of 45 feet within 100 feet of the adjacent right -of -way line. Ten (10) additional feet is permitted for roof top architectural elements, etc. above the habitable height. (10) Number No minimum or maximum Of required. buildings per site. (11) Resident- Up to a maximum of 125 units ial per acre. density. (12) Setbacks (build- ings). Same as underlying zoning district. Applicants and property owners desiring to develop pursuant to these regulations may not seek a variance for relief or reduction in building setbacks. Reductions are only permitted subject to the below listed regulations. (13) Setback Reduction in setbacks. Setbacks reduct- may be reduced based upon ions. satisfying the site plan criteria listed herein and subject to the following standards: • Minimum percentage of open space. A minimum of 50% percent of the total ground floor square footage received from the setback reduction is provided as publicly accessible street level open space and landscape area on the private property. The open space is subject to the following: • Types of open space. Types of open space shall be in the form of courtyards, plazas, arcades /loggias, pedestrian pass- throughs and open atriums adjacent/contiguous to the adjacent rights -of -way. • Minimum area. Minimum square footage of allowable open space (i.e., plazas) shall be 500 square feet. • Include both hard and softscape landscape improvements and pedestrian amenities. • Vertical volume. As a minimum include a vertical volume of space equal from street level to the first floor height or 18 feet, whichever is greater. Additional height may be recommended. • Restaurant seating. This area may be used for outdoor restaurant seating subject to conditional use approval as provided for in the Zoning Code. Vertical building stepback. A vertical stepback of a minimum of 10 feet shall be provided above (6) Lighting the height of 3 floors or 45 feet (building). (whichever is less) on all facades. Additional stepbacks may be requested to further reduce the potential impacts of the building bulk and mass. (14) Setbacks Residential zoning districts. All adjoining property lines abutting a residentia residential land use or zoning (8) I uses. district — 15 foot minimum. No storage. reductions in setbacks may be requested or qranted. (15) Street/lot No minimum or maximum. frontage. buildings or structures is d peSlgn re�1a�o�s } %, �, 4 Overhead Overhead doors shall not face or (1) Arcades Arcades, loggias or covered and /or areas may accommodate up to loggias. 80% of the entire linear length of the building based upon the site (10) Paver plan review criteria listed herein. treat- Encroachment of the entire ments. length or 100% may be requested subject to review and approval at the time of site plan consideration. Limitations of encroachments on corners of (11) Parking buildings may be required to garages. control view corridors and ground floor building bulk and massing. (2) Architect- Architectural relief and elements ural relief (i.e., windows, cornice lines, etc.) (12) and shall be provided on all sides of elements. buildings and similar architectural access features as to those provided on orient- the front fagade. No blank walls ation. shall be permitted unless (13) Pedest- required pursuant to applicable rian Fire and Life Safety Code amen- requirements. (3) Building All mechanical, electrical and support other associated support service services. areas shall be located entirely within the structure. (4) Facades. Facades in excess of 150 feet in length, shall incorporate design features with the use of, but not limited to the following items: (a) Breaks, stepbacks or variations in bulklmassing at a minimum of 100 foot intervals. (b) Use of architectural relief and elements as defined herein. (5) Lighting Decorative street lighting shall be (street). provided and located on all streets /rights -of -way subject to the following: • Light fixtures /poles up to 35 feet in height. • Subject to all other applicable City provisions. (6) Lighting External illumination and lighting (building). of buildings shall require Planning Department and Planning and Zoning Board review and recommendation with approval of the City Commission. (7) Lighting Lighting in the form of uplighting (landscap of landscaping is encouraged. in g). (8) Outdoor The storage of materials, good, storage. merchandise, equipment for the purpose of display and /or sales outside the confines of any buildings or structures is prohibited. (9) Overhead Overhead doors shall not face or doors. be directed towards residential properties and /or adjacent right - of -ways abutting residentially zoned properties. (10) Paver Paver treatments shall be treat- included in the following ments. locations: • Driveway entrances. • Crosswalks. • Sidewalks. Minimum of 25% of paving surface. (11) Parking Parking garages shall include garages. exterior architectural treatments compatible with buildings or structures which occupy the same development and/or street. (12) Pedest- All buildings, except accessory rian buildings, shall have their main access pedestrian entrance or entrances orient- oriented towards the front ation. property line. (13) Pedest- Pedestrian amenities shall be rian provided on both private property amen- and /or public open spaces ities. including but not limited to the following: • Benches. • Information kiosks. • Lighting. • Bike racks. • Refuse containers. • Sidewalk pavement treatments. • Statuary. • Street crosswalk paver treatments. • Wall mounted fountains. • Water fountains and other similar water features. All pedestrian amenities shall be permanently secured to the ground surface. Above amenities shall be consistent in design and form A3 -26 A3 -27 (3) Rights -of- Street planting requirements. way The below listed vegetation shall planting be installed within the sidewalk require- and /or right -of -way (subject to ments. encroachment review and approval) for all rights -of -way abutting the proposed uses. The options available as to the types of trees to be planted and installation requirements at the time of planting are as follows: • Shade or ornamental shade street trees shall be provided subject to the following requirements: • One tree per 35 feet linear feet or fraction thereof of right -of -way frontage. • Minimum height of 16 feet at time of planting; or, • Palm trees. Maximum of 25 percent of the required total may be this variety subject to the following requirements: • One tree per 35 linear feet or fraction thereof of right -of- way frontage. • Minimum height of 14 feet at time of planting. • Shrub planting requirements shall be one (1) shrub per three (3) linear feet or fraction thereof of the right - of -way frontage, or ground cover shall be three (3) per lineal one (1) foot or fraction thereof of the right -of -way frontage. Median planting requirements. If a median can be established on larger rights -of way, the median shall include the below listed vegetation: • Shade or ornamental shade street trees shall be provided subject to the following requirements: • One tree per 35 linear feet or fraction thereof of median length. • Minimum height of 16 feet at time of planting; or, • Palm trees. Maximum of 25 percent of the required total may be this variety subject to the following requirements: • One tree per 35 linear feet of median length. • Minimum height of 14 feet at time of planting. with the applicable City Public Realm Design Manual. (14) Pedest- On any front property line or rian primary street, where an design adjoining pedestrian sidewalk is features located, the following design for features shall be included: building • Display windows or retail frontages display area; and /or, (street • Landscaping; and/or, level • Architectural building design only). features. The intent is to create pedestrian and shopper interest, preclude inappropriate or inharmonious design, preclude blank walls of building faces, and prohibit windows from being permanently obstructed. (15) Pedest- Pedestrian pass - throughs shall rian pass- be provided for each 250 linear throughs/ feet or fraction thereof of building paseo. frontage provided on the primary street. The pass through shall be subject to the following: , • Minimum of 10 feet in width. • Include pedestrian amenities as defined herein. In lieu of providing one pass through of 10 feet every 250 feet of building frontage, two (2) pass - throughs can be combined to provide one (1), 20 foot wide pass-through. (16) Porte- Porte - cocheres are prohibited on cocheres. front property line or primary street. (17) Rooftop All mechanical, electrical, cellular screen- antennae's and other similar roof ing. top building support services shall be entirely screened from public view subject to applicable Zoning Code requirements (1) Land- Landscape open spacey scape requirements are satisfied open pursuant to the below listed space. rights -of -way planting requirements. (2) Rights -of- Landscape islands, bulbouts, way curbing, pedestrian crosswalk improvem bulbouts and other associated ents. traffic calming improvements shall be required to accommodate landscaping, pedestrian circulation and other pedestrian amenities. A3 -27 (3) Rights -of- Street planting requirements. way The below listed vegetation shall planting be installed within the sidewalk require- and /or right -of -way (subject to ments. encroachment review and approval) for all rights -of -way abutting the proposed uses. The options available as to the types of trees to be planted and installation requirements at the time of planting are as follows: • Shade or ornamental shade street trees shall be provided subject to the following requirements: • One tree per 35 feet linear feet or fraction thereof of right -of -way frontage. • Minimum height of 16 feet at time of planting; or, • Palm trees. Maximum of 25 percent of the required total may be this variety subject to the following requirements: • One tree per 35 linear feet or fraction thereof of right -of- way frontage. • Minimum height of 14 feet at time of planting. • Shrub planting requirements shall be one (1) shrub per three (3) linear feet or fraction thereof of the right - of -way frontage, or ground cover shall be three (3) per lineal one (1) foot or fraction thereof of the right -of -way frontage. Median planting requirements. If a median can be established on larger rights -of way, the median shall include the below listed vegetation: • Shade or ornamental shade street trees shall be provided subject to the following requirements: • One tree per 35 linear feet or fraction thereof of median length. • Minimum height of 16 feet at time of planting; or, • Palm trees. Maximum of 25 percent of the required total may be this variety subject to the following requirements: • One tree per 35 linear feet of median length. • Minimum height of 14 feet at time of planting. • Shrub planting requirements shall be one (1) shrub per 2.5 linear feet or fraction thereof of two (2) foot width planting area within median, or ground cover shall be three (3) per lineal or fraction thereof of one (1) foot of the median length. Alley planting requirements. If vegetation can be located within an alley, the below listed vegetation shall be installed within the sidewalk and /or right -of -way abutting the proposed uses. • Shade or ornamental shade street trees shall be provided subject to the following requirements: • One tree per 35 linear feet or fraction thereof of right -of- way frontage. • Minimum height of 16 feet at time of planting; or, • Palm trees. Maximum of 25 percent of the required total may be this variety subject to the following requirements: • One tree per 35 linear feet or fraction thereof of right -of- way frontage. • Minimum height of 14 feet. • Shrub planting requirements shall be per ten (10) linear feet or fraction thereof of the right-of-way frontage or ground cover shall be three (3) per lineal one (1) foot or fraction thereof of the right -of -way frontage. The above materials can be located within private public realm areas as determined by the City. All installed plant materials shall be Florida Number One grade or better. All street tree plantings shall satisfy the State Department of Transportation "tree clearance planting zone requirements." (4) soil • Arranged and maintained at intersections to maintain the following: • Street and driveway intersection visibility requirements. • Installed traffic signage, signals, etc., are not obstructed or will be obstructed when plant material reaches maturity. All vegetation and other associated improvements shall be subject to City encroachment review and approval. Structural soil shall be utilized in all planting areas with (1) Bicycle To encourage the use of storage. bicycles, etc., a minimum of one (1) ten foot bicycle rack for each 250 parking spaces or fraction thereof shall be provided. The location shall be convenient to users and shall be subject to review as a part of site plan review. (2) Boats, Boats and recreational vehicles, trailers, or similar accessory vehicles. etc. These vehicles shall be parked and /or stored within an enclosed garage, area or structure. (3) Curbing. Raised curbing. Six -inch raised curbing shall be provided on all streets abutting this use. Curb cuts and ramps for handicapped access shall also be provided at all street intersection and points Vegetation shall be subject to the following additional regulations: A3 -28 Loading/ Off - street loading standards and unloading requirements shall conform to the areas. requirements as set forth in Article 13. All loading/unloading areas and /or facilities shall be within fully enclosed areas with overhead doors. Overhead doors shall remain closed when not in use and after hours. (5) Nonreside Off street parking requirements ntial uses. shall be calculated utilizing a blended parking of one (1) space per 250 gross square feet. Restaurants shall require one (1) space per 100 gross square feet. (6) On street On street parking must be parking. provided on both sides of the street on all primary streets, unless encroachments for arcades /loggias are requested. Evaluation as to the amount of on street parking provided shall be evaluated on a case by case basis. On street parking shall not be included as satisfying the required parking requirements. Alleys. On street parking is encouraged. Removal of on street parking shall be subject to compensation to the City based upon established CRy provisions. (7) Parking Ground floor parking that is garages. located and fronting on a primary street is prohibited. Ground floor parking is permitted on secondary streets and shall be fully enclosed within the structure and shall be surrounded by retail uses pursuant to the provisions of above Section 10(a) 8 and 9. Ground floor parking is permitted on alley frontages. Parking facilities shall accommodate pedestrian access to all adjacent street(s) and alleys. (8) Parking Restricting and /or assignment of space off - street parking spaces for limitations. individual tenant or users with the use of signage, pavement markings, etc., are permitted. (9) Residential Off - street parking requirements uses. shall conform to the requirements as set forth Article 13. (10) Surface Surface parking lots and /or parking similar vehicle use areas are areas. prohibited to front on primary streets. (11) Valet If valet parking is desired, the parking valet parking drop -off areas shall areas. be provided on private property. Tandem and /or stacking of parkin are rohibited. �*Y g u�anitatlan and��e�e (1) General. Refuse and service areas shall locate on a rear property and /or alleys be so designed and located within a fully enclosed structure. The location of these areas shall be designed in a manner and timing of refuse collection and deliveries, shipment or other service activities are arranged to minimize impact internal to the development to the greatest extent possible, on adjacent or nearby properties or adjoining public ways, and to not impede pedestrian and vehicular circulation patterns. (2) Restaur- Refuse areas for the storage of ants. sanitation dumpsters or similar refuse containers for restaurant uses shall be within a fully enclosed air- conditioned area. (1) General. The number, size, character, location and orientation of signs and lighting for signs shall be in accordance with Article 18. � See acid alleys 3 (1) Alleys and Property owners) may request streets. the vacation and /or abandonment of a public right -of -way subject to the following criteria and findings of fact: • That approval of the request provides a public benefit (as defined herein). • That approval of the request does not result in any increase in density, floor area ratio, square footage and height of the continuous property or properties. • That the request provides for ground floor open space (as defined herein) equivalent to the total amount of abandoned /vacated public rights -of -way. • That the request ensures that all service needs including but not limited to loading /unloading, sanitation, utility support services, other building related support services, etc., are included within the contiguous property or properties. • That approval of the request decreases the maximum height and /or massing of the ro osed develo men*. A3 -29 The Planning Department, Planning and Zoning Board and City Commission shall provide findings of fact that all of the above are satisfied in order to grant approval. A 'Right of Reverter shall be required so that if the building is demolished, the alley reverts back to the City. This process shall be in addition to the current City process for the vacation and /or abandonment of (2) Driveways. Vehicular access to parking garages shall be from a side street and alley. Vehicular egress /ingress, including but not limited to driveways, service drives, drive through, etc., may be permitted from a primary street and shall be evaluated as part of site plan review based upon the project design in relation to existing surrounding circulation. Valet access points are exempt from these provisions. Vehicular entrances for drive -thru facilities, garage entrances, service bays and loading /unloading facilities should be consolidated into one curb cut to reduce the amount of vehicular penetration into pedestrian sidewalks and adjoining rights -of- Sidewalks. Pedestrian pathways andior sidewalks shall connect to one another to form a continuous pedestrian network from parking garages entrances, parking areas, primary and secondary pedestrian entrances, etc. Wherever possible pathways shall be separated from vehicular traffic. Located on both sides of all streets with a minimum of four foot unobstructed clear area. The clear area shall be unobstructed by utility poles, fire hydrants, benches, trash receptacles, newspaper stands, light poles, planter boxes, telephone booths or other similar temporary or permanent structures (traffic signage shall be exempt from the above A3 -30 (3) Encroach- Any encroachments, construction ments. shall be required to fund, install, and maintain all public realm ments into and penetration into the rights -of- improvements required herein on public way shall be subject to the private property as well as those rights -of- way. following: • The property owners shall required from the property boundary to the centerline of all be responsible for all contiguous public rights -of -way. maintenance of all /or A property owner may also encroachments and provide public realm property of all surrounding improvements up to the property public rights -of -way, line on the far side of a rights -of- including but not limited to way abutting his /her property. the following: landscaping; These improvements as (hard and softscape); identified on the "Master benches; trash receptacles; Streetscape Plan" and irrigation; kiosks; plazas; "Underground Facilities Master open spaces; recreational Plan" include, but are not limited, facilities; private streets, etc. to the following: landscaping; subject to all the provisions paving; signage; street furniture; for which the development public right -of -way was approved as may be improvements; and amended. undergrounding of all utilities. Responsible for liability insurance, local taxes, and Any other abutting property the maintenance of the owner who subsequently encroachment and /or develops property abutting an property. improved public realm area In the event that the owner pursuant to these provisions shall or any assign and successor be reimbursed by the property shall at any time after owner who funded the approval of the site plan fail improvements the pro rata share to maintain the areas in attributable to his property based reasonable order and on street or alley frontage along condition in accordance with with the amount of interest the approval, Zoning Code, permitted by this provision. Per City Code or other applicable annum simple interest as local, state and federal established and authorized by requirements, the City Section 687.01, Florida Statutes Commission may serve will accrue from the date of full written notice upon the payment for all improvements. owners of the MXD and hold a public hearing. If Property owners who develop deficiencies of maintenance property abutting already are not corrected within thirty improved public realm areas shall (30) days after such notice restore the public realm areas to and hearing the City their condition prior to the Commission shall call upon commencement of construction. any public or private agency The costs of such restoration to maintain the common shall not affect the total amount areas for a period of one (1) of reimbursement which another year. When the City abutting property owner may be Commission determines that entitled to under this section. the owners are not prepared or able to maintain the Administration of improvements. common areas such public Prior to issuance of a building or private agency shall permit for construction of the site continue maintenance for plan, the property owner(s) shall yearly periods. provide surety equating to 100% (4) Live work See Section 12 for provisions. of the costs for completion of all units. improvements. The monies shall (5) Public Responsibility. All property be deposited into a "Mixed Use realm owner(s) that desire to develop District No. 3 Public Realm �mnrnva- pursuant to these regulations A3 -31 ements Fund" (hereinafter Assessment District may be created pursuant to Florida d to as the "Fund ") and Statutes to fund the installation ed by the City according and maintenance of underground section. The pro rata utilities and all public realm of each property owner's im rovements. ution to the fund shall be (6) T]IN Transfer of The density and floo r area ratio on its street frontage red in linear feet or other density and may be transferred throughout contiguous unified parcel. s of equitable distribution. floor area nnum simple interest as ratio within ished and authorized by the site Section 687.01, Florida Statutes plan. will accrue from the date of full payment for all improvements. 11. Site plan review criteria. The City shall also collect an Applications for site plan review administrative fee as authorized considered pursuant to these by Florida Statutes for the regulations must demonstrate that administration and have satisfied the below listed implementation of the Fund. they criterion. The Planning Department Invoices submitted by the shall evaluate the application with of the below developer to the City in connection with the public realm reference to each criteria and provide a improvements shall be paid by recommendation to the Planning and the City from the Fund. The Zoning Board and City Commission. City's Public Works Department The Planning Department, Planning shall monitor construction and and Zoning Board and City disperse the monies from the Fund based upon completion of Commission shall make specific findings of fact that the below listed work and in compliance with the Plan and criterion are satisfied. The criterion Master Streetscape - Underground Facilities Master is as follows: Plan. a. In what respects the application is or is not Underground utility provisions. consistent with the stated Underground utilities shall be purpose and intent of the installed pursuant to an regulations, provides for public Underground Facilities Master improvements for public Plan which will be prepared by benefit. the Public Works Department in cooperation with the Planning b. The extent to which the Department. The necessary proposed plan depart s from the support facilities for the zoning and subdivision installation of all underground regulations otherwise utility facilities, including but not applicable to the subject limited to utility vaults and property, including but not transformers shall be located on limited to density, size, area, private property. Property F.A.R. bulk and use, and the reasons owners will receive an credit equivalent the amount of why such departures are or are space occupied by the necessary not deemed to be in the public utility facility. interest. C. The physical design of the site Easements. The property plan and the manner in which owners shall provide easements said design does or does not to all applicable utility companies make adequate provision for for the installation and public services, provide maintenance of underground adequate control over - utilities. provide for vehicular traffic, p Alternative funding mechanism. A and protect designated public Special Taxing District or S ecial open space areas, and further A3 -32 i i _1 i i i I. e. f R h. the amenities of light and air, recreation and visual enjoyment. The compatibility of the proposed site plan with the adjacent properties and neighborhood. If the request for a reduction in setbacks for the proposed structure should be granted as a result of adjacent uses, proximity to residential uses, and width of adjoining rights -of- way. Measures for lessening the impacts may include reductions in height, bulk and mass or inclusion of setbacks. If the request for an encroachment, including both the extent of encroachment (penetration) and vertical height, into the rights -of -way with the proposed structure should be granted based upon previously granted encroachments, building height, bulk and mass adjacent uses, proximity to residential uses, width of adjoining rights - of -way. Measures for lessening the impacts may include reductions in height, bulk and mass or less of an encroachment into the rights - of -way. The conformity of the proposed site plan with the Goals, Objectives and Policies of the CLOP. That the site plan and associated improvements provide public improvements, public open space, pedestrian amenities for the public benefit in excess of the underlying regulations and other applicable Zoning Code, Comprehensive Plan and other applicable regulations. Those actions, designs, construction or other solutions of the site plan if not literally in accord with these special regulations, satisfy public purposes and provide a public A3 -33 benefit to at least an equivalent degree. 12. Supplemental standards. a. Live works units is a permitted use per administrative review and approval subject to the following: (1) Shall satisfy all applicable building code and fire and life safety code requirements at time of completion for mixed occupancy buildings. (2) Each live work unit, including the garage (if applicable), shall be separated by walls from other live work units or other uses in the building, and shall have the ability to construct separate entrances to each use in the future. (3) The nonresidential space of a live work unit may be expanded to include the nonresidential space of an abutting live work unit if the applicant meets all applicable building codes. (4) Changes in use permit to allow for nonresidential uses shall be required to pay impact and water fees, meet the applicable building codes, and the parking requirements. (5) Operation of live work unit. (a) Prior to the issuance of an Occupational License for a nonresidential use, the applicant shall apply for a change in use permit if the unit was previously designated as a live work unit as part of a development approval. (b) Deliveries for nonresidential uses in the live work unit shall be limited to the hours of 8:00 a.m. to 8:00 p.m. (c) Live work units shall 13. Art goods stores. not be used for storage 14. Artists' studio and private art of flammable liquids, or galleries for retail sales. (3085) toxic hazardous 15. Attorneys. materials which means 16. Auctioneers -office only. any and all materials, 17. Auditors. substances, waste or 18. Automobile rentals or leasing office chemicals classified only. under applicable 19. Banks, trust companies, savings governmental laws, institutions, finance companies and rules or regulations as other similar financial institutions. hazardous or toxic 20. Barber shops and beauty shops. substances, materials, 21. Book stores, except adult book stores. waste or chemicals. 22. Broker - mortgage. 23. Building, plumbing, and electrical Sec. 3 -6 - C -Use Districts. contractors office only -no shop or storage. (a) CA -Use Districts. CA -Use Districts are 24• Business analyst - counselors or intended to accommodate low-intensity brokers. commercial and mixed -uses. In a CA -Use 25. Calculating and statistical service. District only CA -Uses, as described herein, 26. China, crockery, glassware and and Special -Uses as defined in hereof, earthenware stores. shall be permitted. A CA -Use shall be 27• Cigar and cigarette store. carried on entirely within the buildings 28. Clinic, medical or dental completely enclosed with walls and roof, (establishments where two or more and provided no operations are of such a medical or dental practitioners have nature as to become offensive or offices together with consultation obnoxious to the adjacent premises rooms, laboratories, and other devoted to or adopted for other uses. common facilities)„ (b) Permitted principal uses and structures. 29• Computer design studio. (3256) 1. Abstract and /or title company. 30. Computer software development. 2. Accountant. 31. Confectionery and ice cream stores. 3. Actuaries. 32. Consulates. 4. Adjustors -- insurance. 33. Consultants. 5. Administrative office. 34. Cosmetic, perfumes and toiletries 6. Advertising office - -no shops. stores. 7. Apartment units as part of a multi- 35. Court reporting, public stenographers. use development which does not 36. Credit reporting. constitute more than fifty (50 %) 37• Department and dry goods stores. percent of a development, and 38. Dentist. subject to the requirements, 39• Detective agency. limitations and restrictions applicable 40. Drug and sundry stores. to the construction of apartments in 41. Personal fitness consultants A -Use Districts, or Mixed -Use district (individual training only - no more regulations (Section 3 -5). than two (2) trainers at any time). 8. Apartment -hotel units as part of a (3260) mixed -use development and subject 42• Employment agencies, placing to the requirements, limitations and executives only. restrictions applicable thereto. 43. Engineers, professional. 9. Appraisers. 44. Florist shops (does not include the 10. Antique and curio shops. growing of plants). 11. Architects. 45. Furniture stores (retail only). 12. Art galleries and museums - private, 45. Graphic design studio. (3256) non - profit for public cultural and 46 Haberdashery shops. educational purposes only. (3318) 47. Hobby supplies. 48. Hotels. A3 -34 CLL A7r', r ZONING ORDINANCE City of MIAMI, FLORIDA Codified through Ord. No. 12347, a... Page 1 of 2 Preliminaries ZONING ORDINANCE City of MIAMI, FLORIDA Codified through Ord. No. 12347, adopted March 27, 2003. (Supplement No. 12) ZONING ORDINANCE CITY OF MIAMI, FLORIDA PUBLISHED BY ORDER OF THE CITY COMMISSION, 1991 A Part of the Code of Ordinances of the City of Miami PREFACE This volume contains the Zoning Ordinance of the City of Miami and constitutes the second professional codification and printing of the zoning regulations of the city. It is published as a companion volume to, and part of, the 1980 City Code, as authorized by section 3(mm), building and zoning, and 0j), codification of ordinances, of the City Charter. Source materials used in the preparation of this volume were the original zoning ordinance, Ordinance 11000, adopted March 8, 1990, and all amendments through Ordinance No. 10879, adopted April 25, 1991. A comprehensive index has been prepared, and a frontal section analysis, listing major sections, has also been provided. A feature of this publication that is particularly useful is the comparative table of amendments. Any amendatory ordinance will be listed by ordinance number in this table, and the individual sections or subsections that were amended will be indicated. Looseleaf Supplements As future supplements to this volume are published, each supplement will contain an instruction sheet advising the user of the manner of inserting the new pages and removing the obsolete pages. The table of amendments, as well as the index, will also be updated with each supplement to reflect the new legislation. Acknowledgments The publication of this volume was under direct supervision of Leland F. Raymond, Editor - Supplements, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able http: / /Iibraryl .municode.com /gateway.dll/FL 1 /floridal / 19780 /19781 ?f= templates$fn= doc... 9/21/2004 ARTICLE 4. ZONING DISTRICTS Page 1 of 4 I Industrial. Intent and Scale: The industrial category applies to manufacturing, processing, assembly and storage activities; and generally limits activities to those which do not generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact and may involve the discharge of effluents beyond those generally discharged into sanitary sewer systems. These districts shall generally be located where directly served by major transportation facilities, and buffered from residential areas. Intensity: Minimum lot size: Five thousand (5,000) square feet. Setbacks: Front - no setback required; side - no setback required, or the same as the abutting district, whichever is greater; rear - no setback required, or the same as the abutting district, whichever is greater. Minimum lot width: Fifty (50) feet. Height: One hundred twenty (120) feet or ten (10) stories, whichever is less, except for broadcasting towers which may be one hundred fifty (150) feet in height (see section 915.3). Floor area ratio: Maximum of one and seventy -two hundredths (1.72) times the gross lot area. Building footprint: Maximum of six - tenths (0.60) times the gross lot area. Green space: Minimum of one -tenth (0.10) times the gross lot area. Permitted Principal Uses: As for C -2 and in addition: 1. Bases for marine dredging, salvage, towing; marine construction offices and yards, piloting headquarters. 2. Commercial parking and storage facilities for automotive vehicles, as related to activities within the district. 3. Establishments for collection, processing and /or distribution or sales of marine food products and byproducts, including eating and drinking establishments related to such operations. 4. Establishments for wholesale or retail sales. 5. Facilities for construction, maintenance, service, repair, supply or storage of vessels, including shipyards, dry docks, marine railways, marinas, shops for marine woodworking, electrical, communication and instrument installation and repair, welding, sail making, engine and motor repair and maintenance; ship chandlers; fuel supply establishments. Manufacture, maintenance, service, repair and /or sales or supply of parts, accessories and equipment for marine needs. 6. Freight terminals, facilities for warehousing and storage, packing, packaging and crating of materials from or for marine shipment; assembly and distribution facilities for marine shipments, except as provided under conditional uses below. 7. Hiring halls for seamen and dock workers. 8. Passenger terminals, including related facilities for handling baggage or freight, ground transportation, parking, and establishments to serve needs of passengers and visitors including retail shops, eating and drinking http: / /libraryl .municode.com /gateway.dll /fl 1 /floridaI / 19780 /19782 /19786 ?f= templates$fn... 9/21/2004 ARTICLE 4. ZONING DISTRICTS Page 2 of 4 establishments, beauty and barbershops, ticket agencies, currency exchanges and the like. 9. Piers, wharves, docks, and railroad service to related loading, storage or distribution facilities. 10. Sales, charter or rental of vessels, marine supplies and equipment, marine sporting goods and supplies. 11. Automotive assembly plants; battery manufacturing; tire recapping and retreading. 12. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least six (6) feet in height, with no storage above the top of the wall. 13. Boat building and repair. 14. Bottling plants, breweries, distilleries. 15. Machine shops; tinsmiths and sheet metal works. 16. Manufacture of pottery and figurines or other ceramic products, using only previously pulverized clay and with kilns fired only by electricity or gas. 17. Manufacturing of musical instruments, toys, novelties, and rubber or metal stamps. 18. Manufacturing or processing of such products as bakery goods, candies, cosmetics, dairy products, perfume, soap, toiletries, and food products, except as indicated under conditional uses. 19. Manufacturing of plastics. 20. Manufacturing of metal products. 21. Manufacturing of ice. 22. Poultry or rabbit live storage and killing incidental to a retail business on the same premises. 23. Railroad stations, freight or passenger, transfer, storage or team tracks. 24. Paint and body shops. 25. Post - secondary public and private educational facilities. 26. Coin - operated laundry and dry cleaning facilities without limitation as to capacity. Permitted Accessory Uses: Uses and structures which are customarily incidental and subordinate to permitted principal uses and structures. Conditional Principal Uses: As for C -2 and in addition: 1. Facilities for storing, packaging, handling, processing or distribution of explosive, flammable, or otherwise hazardous materials by Class I Special Permit only. No such permit shall be issued unless and until the chief of the fire department is assured that, in addition to meeting other requirements of applicable codes, the facilities for such storage, open or enclosed, are designed, located and equipped to make fire protection or protection from other hazards http: / /libraryl .municode.coml gateway .dll /fl1lflorida1/19780/19782 /19786 ?f--templates$f i... 9/21 /2004 ARTICLE 4. ZONING DISTRICTS Page 3 of 4 feasible, and that the manner of operation of such facilities will give reasonable assurance of protection of life and property. 2. Facilities for VTOL or STOL craft, hovercraft, or sea planes only by Class II Special Permit. 3. Manufacture of concrete and cement products, brick, tile or terra cotta only by Class I Special Permit. 4. Manufacturing or processing of fish or meat products, or the rendering or refining of animal fats or oils, only by Class I Special Permit. 5. Recycling plants only by Class 11 Special Permit. 6. Container yards only by Special Exception and subject to the requirements and limitations set forth in section 942 of this zoning ordinance. 7. Adultentertainment, subject to the limitations and requirements in section 937. 8. Outdoor advertising businesses subject to limitations and restrictions as set forth in Section 10.8.3. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures. Outdoor advertising businesses shall be permissible as an accessory use to principal commercial uses only, subject to a Class II Special Permit and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial structure and shall not be freestanding; b. Signs shall be limited to one sign per structure only; c. Sign area shall be limited to no greater than thirty -two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable thirty -two (32) square feet of sign area unused from the total permissible wall sign area for the structure in question; see Article 10 for specific sign regulations and method of calculations and e. Such signs may either be painted or mounted onto the subject wall. Offstreet Parking Requirements: Same as required for C -2. Offstreet Loading Requirements: For buildings in excess of twenty -five thousand (25, 000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty -five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; Third berth for gross building area of one hundred thousand (100,000) up to two hundred fifty thousand (250,000) gross square feet; Fourth berth for gross building area of two hundred fifty thousand http: / /libraryl .municode.comlgateway.dlllfll lflorida1 / 19780 /19782 /19786 ?f--templates$fn... 9/21/2004 ARTICLE 4. ZONING DISTRICTS Page 4 of 4 (250,000) up to five hundred thousand (500,000) gross square feet. For buildings with square footage in excess of five hundred thousand (500, 000) square feet: Berth minimum dimension to be twelve (12) by fifty -five (55) feet; In addition to the requirements set forth above, there shall be one (1) berth for every five hundred thousand (500,000) gross square feet of building area. By Class I Special Permit, one (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the individual project. Sign Regulations: See Article 10 for sign regulations and limitations. http: / /libraryl . municode .com /gateway.dll /fl l /floridal / 19780 /19782 /19786 ?f�--templates$fn... 9/21/2004 ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Page 1 of 1 Adultentertainmentadult Sec. 937. Adultentertainment or adult services. 937.1. Intent. It is intended to regulate adultentertainment or adult service establishments, as herein defined, to minimize deleterious effects on the neighborhood. Such deleterious effects may include, but not be limited to, depreciation of values of nearby and -adjacent properties, deterioration in appearance of the areas in which they are located, production of a skid row type of atmosphere, discouragement of residential uses in the area, and creation of an erotically suggestive atmosphere on public ways used by minors. 937.2. Limitations on adultentertainment or adult service establishments. No adultentertainment or adult service establishment shall be: (a) Located within one thousand (1,000) feet of any residentially zoned property, school or public park. The distance shall be measured from the front door of the proposed adult establishment to the closest property line of the residentially zoned property, school or park. Where property in the City of Miami borders upon property of another city or Dade County, the term "residentially zoned property" shall be those zoning districts designated as residentially zoned by the terms of the zoning ordinance of the external jurisdiction. (b) Approved for a certificate of use only when the application therefor is accompanied by a survey certified by a land surveyor registered in the State of Florida showing that the requirements of (a) from above have been met. 937.3. Discontinuance or abandonment. Once an adultentertainment or adult service establishment use is discontinued or abandoned, the use shall not thereafter be resumed unless and until all of the requirements of this section 937 have been met. 937.4. Variances prohibited. No variances from the provisions of section 937 are permitted. (Ord. No. 10771, § 1, 7- 26 -90; Ord. No. 11916, § 2, 4- 13 -00) http: / /libraryl .municode.com /gateway.dll /fl 1 /floridaI /19780/19782/19791 ?ftemplates$fn... 9/21/2004 !,P,�ec CODE OF ORDINANCES Village of PINECREST, FLORIDA Inclusive of Ord. No. 20... Page 1 of 6 Preliminaries CODE OF ORDINANCES Village of PINECREST, FLORIDA Inclusive of Ord. No. 2004 -2, enacted May 17, 2004. (Supplement No. 3, Update 1) CODE OF ORDINANCES VILLAGE OF PINECREST, FLORIDA Published by Order of the Village Council Adopted: December 9, 1997 Effective: December 9, 1997 Republished: September, 2001 Published by Municipal Code Corporation Tallahassee, Florida 2001 OFFICIALS of the VILLAGE OF PINECREST, FLORIDA AT THE TIME OF THIS CODIFICATION Evelyn Langlieb Greer Mayor Robert Hingston Vice -Mayor http: / /library2. municode .comlgateway.dIIIFL21florida2 /8141 /8142 ?f--templates$fn= docum... 9/21/2004 ARTICLE 5. ADDITIONAL REGULATIONS* Pagel of 3 Adultentertainment Div. 5.18. Adultentertainment regulated. (a) Findings. In the development and enforcement of this division it is recognized that there are adultentertainment uses which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated in any given locations thereby having a deleterious effect upon the adjacent business and residential areas. It is desirable, therefore, to locate adult oriented activities away from residential areas and public facilities used frequently by minors such as schools, churches, parks, libraries, and day care centers. (b) Definitions. For the purpose of this division the following definitions for terms used herein shall apply: 1. Adult bookstore. Any business engaged in displaying, distributing, bartering, renting or selling printed matter, pictures, films, graphic or other materials which activity requires the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no more than 15 percent of the total floor area and is kept from clear view of minors. 2. Adult theater. Any business engaged in presenting films, theatrical productions, recitals, displays, printed matter or other entertainment which activity requires the exclusion of minors pursuant to F.S. ch. 847. 3. Adult night club. Any business which features live entertainment requiring the exclusion of minors pursuant to F.S. ch. 847. 4. Adult video store. Any business engaged in displaying, renting or selling videotapes which activity requires the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no more than 15 percent of the total floor area and is kept from view of minors. 5. Massage establishment. a. Any shop, parlor, establishment or place of business wherein all of any one or more of the following named subjects and methods of treatments are administered or practiced: Body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage, or tapotemnent. b. Nothing in this division shall be construed as applying to state licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, physical therapists' assistants, midwives, practical nurses, agents, servants of employees in licensed hospitals or nursing home or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants, or employees acting in the course of such agency, service or employment under the supervision of the licensee. C. Provided, however, that, for the purpose of this division, the terms "massage establishment" shall not include any massage establishment wherein at least one state licensed massage therapist is employed and on duty full time during the hours open for business. 6. Adult modeling establishments. Any establishment offering nude or partially nude modeling sessions or lingerie, swimwear, or photography modeling http: / /library2.municode .com/gateway.dll /fl2 /florida2/ 8141 /8210 /8215 ?ftemplates$fn =do... 9/21/2004 ARTICLE 5. ADDITIONAL REGULATIONS* Page 2 of 3 sessions between two or more persons or private modeling sessions between two or more persons requiring the exclusion of minors pursuant to F.S. ch. 847. 7. Encounter studio. All establishments offering nude or partially nude encounter sessions between two or more persons, and requiring the exclusion of minors pursuant to F.S. ch. 847. (c) Uses. The following uses shall only be permitted as a conditional use approved by the council in the BU -3 land use district: 1. Adult bookstore; 2. Adult theater; 3. Adult night club; 4. Adult video store; 5. Massage establishment; 6. Adult modeling establishment; and 7. Encounter studio. (d) Distance and spacing. Unless approved as a variance pursuant to this land development code, none of the uses set forth in the above subsection shall be permitted: 1. Within 1,000 feet of a private school, public school, church, public park, public library, day care center or nursery for children; 2. Within 1,000 feet of any of the uses described within this division; and 3. Within 660 feet of any RU or EU land use district; Provided, however, that the spacing requirements herein established shall riot apply where the adultentertainment use is separated from the uses set forth herein by a county or state road of not less than five lanes, an expressway, a river or a lake. All other distance and spacing requirements pursuant to the Code shall apply. (e) Measurements. The distance and spacing requirements set forth above shall be measured as follows: 1. From a church the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the church property. 2. From a private or public school the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business to the nearest point on the school grounds. 3. From non - church and non - school uses the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the existing use. 4. From RU or EU districts the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest boundary of the RU or EU land use district. 5. From a public park the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of http: / /library2. municode .comlgateway.dlllfl2lflorida2 /8141 /8210 /8215 ?f--templates$fn =do... 9/21/2004 ARTICLE 5. ADDITIONAL REGULATIONS* Page 3 of 3 business, to the nearest point on the park grounds. 6. From a public library the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the library property. 7. From day care centers or nurseries for children the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the property of the day care center or nursery. (f) Certified survey required. For purposes of establishing the distance between the uses set forth in this division, and between such uses and private schools, public schools, churches, public libraries, day care centers or nurseries for children, or RU and EU land use districts, the applicant for such use shall furnish a certified survey from a registered surveyor. Such sketch shall indicate the distance between the place of business, and any existing use as defined by this division, any church, public school, private school, public park, public library, day care center or nursery for children, or RU or EU land use district. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement, scaled by the administrative official shall govern. (g) Exemptions. This division shall not apply to accredited universities, accredited colleges, or other accredited educational institutions, museums, art exhibits, arts and cultural performance theaters and playhouses or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits. (Ord. No. 2002 -8, § 3,11-13-02) http: / /library2. municode .comlgateway.dll /fl2lflorida2 /8141 /8210 /8215 ?f--templates$fn =do... 9/21/2004 5uo ee jOBNAMEcs m c/2/ 0 m2_fu PAGE: mcc 2SS: nfieOUTPUT: Tue May 25 08:51:32 2004 2.04.00 _J J SWEETWATER LAND DEVELOPMENT CODE (106) Public service (example: notary pub- lic, immigration, fingerprints). (107) Radio, TV, VCR (retail and service). (108) Real estate office (sales, manage- ment). (109) Rentals (party supplies /chairs /ta- bles). (110) Restaurants and banquet facilities (drive - through requires (cu)). (111) (cu) Schools (vocational, grade, arts, dance, etc.). (112) Secretarial services. (113) Shoe store (retail and repairs). (114) Skin care shop. (115) Social services bureaus. (116) Sporting goods store. (117) Stationary, cards store. (118) Stockbrokers exchanges, investment services. (119) Tailor, seamstress, dressmaker shop (in conjunction with retail on pre- mises). (120) Talent agencies. (121) Tax consultants. (122) Telegraph, telephone station. (123) Telephone answering services. (124) Telephone beepers (retail, service and repairs). (125) (cu) Theaters, cinemas. (126) Time clocks (retail, service and re- pairs). (127) Travel agencies. (128) Tuxedo and gown rentals (retail, service and custom making). (129) (cu) Upholsterer. (130) Veterinarian (professional). (131) Video (retail, rentals and service). (132) Wallpaper, paneling and paint store (retail). (133) Zoning consultants. 161 LDC2:8 Additional uses permitted. (a) In the development and enforcement of this subsection, it is recognized that there are adult entertainment uses which because of their very nature are recognized as having se- rious objectionable characteristics particularly when several of them are concentrated in any given loca- tion thus having a deleterious effect upon the adjacent business and res- idential areas. The harmful conse- quences of permitting these uses in close proximity to residential com- munities include, but are not limited to, declines in residential property values and a general decline in the quality of life, health, public safety, welfare and prosperity of the neigh- boring residential community. It is desirable not only to locate these adult oriented activities away from residential areas, but also away from public facilities used frequently by minors such as schools, churches, parks, libraries, and day -care cen- ters. (b) For the purpose of this subsection, the following definitions for terms used herein shall apply: (1) Adult bA�kstores. Any business engaged in displaying, distrib- uting, bartering, renting or sell- ing printed matter, pictures, films, graphic or other materi- als which actively requires the exclusion of minors pursuant to F.S. ch. 847, unless such activ- ity comprises no more than 15 percent of the total floor area and is kept from clear view of minors. (2) FAdtclt theater Any business en- gaged in presenting films, the- atrical productions, perfor- mances, rituals, displays, printed matter or other enter- tainment which actively re- quires the exclusion of minors pursuant to F.S. ch. 847. JBNAME: No Job Name PAGE: 31 SESS: 2 OUTPUT: Tue May 25 08:51:32 2004 rst/pubdocs /mcc/2/10062 full_tag_mcc_2 Iwinfield ZONING (3) ,Aduk jib, Any business which features live entertain- ment requiring the exclusion of minors pursuant to F.S. ch. 847. (4) Agultwvid,,e© s4%.!. Any business engaged in displaying, renting, or selling video tapes which ac- tively requires the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no more than 15 percent of the total floor area and is kept from clear view of minors. (5) iYlrtsscige: establashriits. a. Any shop, parlor, establish- ment or place of business wherein all or any one or more of the following named subjects and meth- ods of treatments are ad- ministered or practiced: body massage, either by hand or electrical appara- tus or device (excluding fever therapy), applying such movements as strok- ing, friction, rolling, vibra- tion, kneading, cupping, petrissage, rubbing, ef- fleurage or tapotement. b. Nothing in this subsection shall be construed as ap- plying to the State of Flor- ida licensed massage ther- apists, barbers, cosmetologists, manicur- ists, pedicurists, physical therapists assistants, mid- wives, practical nurses, agents, servants of employ- ees in licensed hospitals or nursing homes or other licensed medical institu- tions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other li- censed medical practitio- ners, or their agents, ser- LDC2:9 2.04.00 vants, or employees acting in the course of such agency, service or employ- ment under the supervi- sion of the licensee. C. Provided, however, that, for the purpose of this sub- section the terms "mas- sage establishment" shall not include any massage establishment wherein at least one State of FLorida, licensed, massage thera- pist is employed and on duty full time during the hours of business. (6) 4-d- rr 0deMn9`98 ablishr its. Any establishment offering nude or partially nude modelling ses- sions or lingerie, swimwear or photography modelling sessions between two or more persons or private modelling sessions be- tween two or more persons re- quiring the exclusion of minors pursuant to F.S. ch. 847. (7) _;: Encounterstudzo:. =All establish- ments providing nude or par- tially nude encounter sessions between two or more persons, nude or partially nude dance encounter sessions between two or more persons, and sexual consultation requiring the ex- clusion of minors pursuant to F.S. ch. 847. (c) The fallowing'uses shall °only- be.p!eer, -„ , mitted.,in the .zoned commercial dis- iriet (1) bnokstore; _Adult (2) ::. A u- Wth+e`a r; (3) .. Adult night clttb; (4) Adult video stogy; (5) Massage establishment; (6) 4dultmodPlUng10atablis]3ment; (7) Fnco`tuiter.Atdio. TOBNAME: No Job Name PAGE: 32 SESS: 2 OUTPUT: Tue May 25 08:51:32 2004 ust/pubdocs/mcc /2/10062 f ll_tag_mcc_2 lwinfield 2.04.00 SWEETWATER LAND DEVELOPMENT CODE (d) Unless approved as a conditional use by the city commission, none of the uses set forth in subsection C(c) shall be permitted. (e) Under no circumstances shall such conditional use be permitted within 1,000 feet of a private scbnnl, _ uWic school, church, public park�& library, day care center or nursery for children; nor within 1QDi®e£ ay tbP uses described in subsec- tion C(g4 and m ithin _feet of any residentially zoned district. All other distance and spacing requirements pursuant to the Code shall also ap- ply. (f) The provisions of this subsection and the regulations herein imposed shall be in addition to all regulations now in effect imposed by the ordinances of the city, including but not limited to sections 18- 106 -18- 117,18 -141- 18-147 and 18 -172 of the Code of Sweetwater, Florida, except where in direct conflict herewith. (Ord. No. 2400, § 1, 6 -3 -1996) 2.04.07. (T-1) Railer park district. A. Purpose. The purpose of this district is to provide land area under unified control for the development of residential mobile home rental parks. It shall be unlawful to place, store, or use mobile homes in the City of Sweetwater, outside of the T-1 district. B. Uses permitted. a. Residential mobile homes. b. Accessory structures, including but not limited to porch and patio cov- ers, cabana rooms, screen enclosures and storage rooms shall be permit- ted subject to obtaining building per- mit and subject to such installations conforming to the applicable provi- sions of the South Florida Building Code. Written approval from the prop- erty owner must be obtained prior to issuance of building permit. 2.04.08. (SPO) Semi-professional office dis- trict. A. Purpose. The purpose of this district is provide suitable sites for office use, pro- fessional and semi - professional services and for the conversion of existing residen- tial use to one of these uses. No sale of merchandise shall be permitted. B. Uses permitted. Those uses with the (cu) prefix shall be permitted only if condi- tional use is approved by the city commis- sion after a public hearing. The city com- mission may impose conditions and/or restrictions upon those uses. (1) Abstract title. (2) Accountants, bookkeeping. (3) Actuaries. (4) Advertising (no shops). LDC2:10 (5) Appraisers (no sale or rental of any type of merchandise or equipment). (6) Architects. (7) Attorneys. (8) Auditors. (9) Business analyst, counselors or bro- kers. (10) Chiropodists. (11) Chiropractors. (12) (cu) Consultants (professional). (13) Counseling,. child guidance and fam- ily services. (14) Court reporters, public stenogra- phers. (15) Credit reporting. (16) Dentists. (17) Detective agencies and investigating services (background check). (18) Drafting and plan services. (19) Engineers, professional. (20) Insurance and bonds. (21) Market research. (22) Medical doctors. IVAN SOL HUM i