Except as hereinafter provided:

(1)

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not apply with all the district regulations established by this chapter for the district in which the building or land is located.

(2)

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limits herein established for the district in which such building is located.

(3)

The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter for each and every building existing at the time of the passage of this chapter, or for any building hereafter erected or structurally altered, shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other building.

(4)

Every building hereafter erected in R-1 districts shall be located on one or more lots and in no case shall there be more than one main building and the customary accessory buildings on one lot.

(5)

The uses of all buildings and property publicly owned and engaged in the performance of a public function may be permitted in any district; provided, however, that such use is not obnoxious or detrimental to the health or welfare of the Town.

(6)

No explosive paints or any explosive combustible material shall be stored in any area, unless prior to the storage thereof the Police Chief of the Town shall issue a permit authorizing the storage thereof after his inspection and approval of the premises thereof.

(7)

Nothing shall be allowable on premises that shall in any way be offensive or noxious by reason of the emission of odors, gases, dirt, smoke, vibration or noise, nor shall anything be constructed or maintained including private incinerators, that would in any way constitute an eyesore or nuisance to adjacent property owners, residents or to the community.

(8)

In accordance with F.S. § 381.986, the use of any property for a marijuana dispensary or the dispensing of marijuana in any form, by any person or business, is prohibited in all zoning districts. Further, all uses, products, or acts prohibited under any state or federal law are prohibited throughout the Town.

(Ord. No. C-151, § 9, 3-4-74; Ord. No. C-433, § 3, 2-4-2019)

(a)

Primary use. No building or land shall be used and no building shall be hereafter erected, constructed, reconstructed or structurally altered in an R-1 district which is designed, arranged or intended to be used or occupied for any purposes, unless otherwise provided for, except for:

(1)

Every use as a one-family residence, including every customary or accessory use, not inconsistent therewith; including a private garage with room and bath, but no kitchen, to be used as servant's quarters only. The addition of additional sink or stove or other fixtures or appliances for like purposes on the premises shall constitute evidence that the intent of this chapter has been violated. Private boat or yacht landings shall be permitted.

(b)

Additional uses. The following additional uses shall be permitted in R-1 districts, subject to setback, yard, height and other restrictions as set out hereinafter:

(1)

One single-family residence.

(2)

Accessory buildings and uses incidental to each single-family residence when placed on the same lot or parcel of land and not used or operated commercially or for industry.

(3)

Public schools owned by federal, state, county or city government shall not be construed to permit the construction or operation of church buildings or other places of worship.

(4)

Playgrounds, parks or reservations owned and operated by the Town.

(5)

Flower and vegetable gardens, groves, provided no signs, displays or stands are used in conjunction therewith and not operated commercially.

(6)

Buildings used exclusively and owned by the federal, state, county or city government for public purposes.

(7)

Automobile parking lots, provided it shall be unlawful to charge for the privilege of parking. No such parking lots shall be permitted in R-1 areas except when adjacent to business, commercial or industrial property in connection with which the parking lot shall be used.

(8)

Short-term parking of enclosed commercial trailers (no trucks, vehicles or cabs) is permitted, subject to approval by special exception in accordance with section 62-105, et seq., and provided that the use shall comply with the following standards or conditions:

a.

The parking must be accessory to an adjacent business or industrial use.

b.

The approval by special execution must include a detailed site plan, landscape plan, lighting plan and paving and drainage plan, all reflecting compatibility with the surrounding properties.

(c)

Building site area required. The minimum building site area shall be one lot or parcel of land 5,000 square feet in area for each one single-family residence. Such parcels or lots shall have an average width of at least 50 feet. Where a lot or parcel of land has an area of less than the above required minimum and was of record at the time of the passage of this chapter, said lot may be occupied by one family; provided, however, that the minimum side and front yard requirements set out in this section are conformed with.

(d)

Front yard. There shall be a front yard depth of not less than 10 feet distant from the front property line. Property located between N.W. South River Drive and the Miami (C-6) Canal shall have a front yard depth of not less than ten feet measured from the edge of the maintained right-of-way as established by 10 Town, including by Right-of-Way Maintenance Maps filed pursuant to F.S. § 95.361, as the statute may be amended from time to time.

(e)

Side yard. There shall be side yards, the width of each to be not less than 10 percent of the average of the lot but in no case shall each side yard be less than 5 feet in width except as provided in this section. In the case of corner lots, the side yard parallel abutting the street shall be not less than ten feet. Property located between N.W. South River Drive and the Miami (C-6) Canal shall have a minimum side setback of 6 feet between primary structures, except that where there is no primary structure on the adjacent lot, a three-foot side setback to the property line facing that adjacent lot shall be required.

(f)

Rear yard. Every principal residential building shall provide a rear yard of a minimum depth of 15 feet to a rear lot line or front of accessory building, and every accessory building shall provide a rear yard with a minimum depth of 7½ feet. This section shall not apply to property located between N.W. South River Drive and the canal.

(g)

Floor area. The minimum ground floor area of residences exclusive of porte-cocheres, attached garages and porches shall be 800 square feet.

(h)

Type of construction. Any structure erected in a residential area shall conform to the general type of construction and characteristics of that neighborhood.

(i)

Corner lots. For the purpose of interpreting this section it shall be assumed that the long dimension of a residential lot may be recognized as the front.

A residential building may be constructed on corner lots facing the long dimension of the lot if the setbacks remain the same as if the structure had faced the short dimension of the lot.

A residential building on a square lot may front either direction if the setbacks remain the same as if the building faced the direction which would ordinarily be considered as the front of the lot.

(Ord. No. C-151, § 10, 3-4-74; Ord. No. C-385, § 2, 12-1-2014; Ord. No. C-403, § 2, 10-5-2015; Ord. No. C-429, § 2, 10-1-2018)

(a)

Uses permitted. Except for solid waste facilities and accessory uses related thereto, as authorized and permitted under section 62-91 of this chapter located within the Solid Waste Facilities Overlay District, all storage of materials and products and all operations of work of every character shall be carried on entirely within enclosing walls or under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight feet when the work is of a nature to be carried on the outside of the building, and provided further that no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed or structurally altered in an M-1 district which is designed, arranged, or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one or more of the following uses:

(1)

Adult daycares.

(2)

Antique shops.

(3)

Apartment-Hotels.

(4)

Art goods and bric-a-brac.

(5)

Auditoriums.

(6)

Automobile new parts and equipment or accessory stores (salesroom only).

(7)

Automobile new tires, retail and wholesale, service or installation but no recapping on premises.

(8)

Bake shops, retail only, provided no baking shall be permitted on premises.

(9)

Banks.

(10)

Barbershops.

(11)

Bath and massage parlors.

(12)

Beauty parlors.

(13)

Cigar stores.

(14)

Confectionery and ice cream stores, retail.

(15)

Conservatories.

(16)

Cleaning and laundry agencies, where no gasoline or explosives of any kind are stored or used therewith and provided no cleaning or laundry shall be done on the premises.

(17)

Curio stores.

(18)

Dancing academies.

(19)

Drugstores.

(20)

Fruit stores, retail only, provided all merchandise shall be completely enclosed within the building.

(21)

Furniture stores.

(22)

Grocery stores, except handling of live poultry which shall be prohibited on premises.

(23)

Hardware stores.

(24)

Hat cleaning and blocking agencies but no cleaning shall be permitted on premises.

(25)

Hotels.

(26)

Insurance agencies and offices.

(27)

Interior decorating, costuming, draperies.

(28)

Jewelry stores.

(29)

Laundries, self-service.

(30)

Leather goods stores.

(31)

Lodge halls.

(32)

Liquor package stores.

(33)

Loan agencies.

(34)

Luggage shops.

(35)

Millinery shops.

(36)

Modiste, wearing apparel.

(37)

Music stores and radio stores.

(38)

Newsstands, but all merchandise must be enclosed.

(39)

Offices for business and professional purposes.

(40)

Optical stores.

(41)

Photograph galleries.

(42)

Post offices.

(43)

Real estate offices.

(44)

Shoe stores.

(45)

Shoe repair shops.

(46)

Soft drink stands, provided same shall be completely enclosed.

(47)

Souvenir stores and gift shops.

(48)

Sporting goods stores.

(49)

Stationery stores.

(50)

Tailor shops.

(51)

Telephone exchanges.

(52)

Telegraph stations.

(53)

Theater and motion picture houses, except open air or drive-in type.

(54)

Waiting rooms and ticket offices for airplane, bus and railroad.

(55)

Stores, businesses and professions similar in character to those stated above.

(56)

Air conditioning business.

(57)

Ambulance business.

(58)

Animal hospitals and clinics but boarding of animals is not permitted.

(59)

Auction of merchandise.

(60)

Barbecue stands, drive-ins and drive-in restaurants.

(61)

Bicycle stores and bicycle repair shops.

(62)

Commercial amusements, except automobile and motorcycle racing shall not be permitted.

(63)

Commercial parking lots.

(64)

Dance halls.

(65)

Dry cleaning.

(66)

Funeral homes.

(67)

Lawn mower shops, repair and rental.

(68)

Locksmith shops, sharpening and grinding shops.

(69)

Novelty works.

(70)

Paint stores.

(71)

Pet shops, but boarding of animals is not permitted.

(72)

Poolrooms, bowling alleys.

(73)

Printing shops.

(74)

Professional business, similar in nature to those stated above and below.

(75)

Railroad, and passenger stations.

(76)

Retail electric stores and repair shops.

(77)

Retail plumbing and wholesale plumbing supply stores.

(78)

Self-service ice stations.

(79)

Sign paint shops.

(80)

Swap shops and trading posts.

(81)

Tourist courts, for the use of tourists or transients. The arrangement and design of courts shall be such that each cabin or structural unit will be erected on a land area of not less than 1,500 square feet and have a space of not less than 20 feet between supporting walls of adjacent cabins or structures. Tourist courts shall also be equipped pursuant to rules and regulations of the state board of health and in compliance with the sanitary ordinances of the Town. Restaurants or commissaries may be included as a part of the tourist court development. No part of the tourist court development shall be less than 20 feet from the established front street line.

(82)

Transfer company offices.

(83)

Upholstering shops.

(84)

Trailer sales and distribution.

(85)

Storage and sale of wire fence.

(86)

Automobile sales and rental.

(87)

Automobile service stations.

(88)

Bars.

(89)

Garages.

(90)

Motorcycles sales and service shops.

(91)

Nightclubs.

(92)

Motor truck sales and service.

(93)

The following manufacturing operations that do not produce offensive noise, odor, glare, vibration, smoke, dust, gas radiation, radioactivity, electrical radiation or wastes.

(94)

Industries similar in nature to those mentioned herein and which are not prohibited by this chapter and which do not produce offensive odors, fumes, gases, dust, smoke, vibration or noise.

(95)

Machine shops.

(96)

Electronic manufacturing.

(97)

Storage and handling of heavy equipment.

(98)

Warehouses for storage, freight or wholesale distribution and related outlets.

(99)

Use of magnesium of the manufacturing thereof, or magnesium alloys or related uses.

(100)

Sewage disposal plants; providing, however, that the same requirements shall be required as required under section 47-1 et seq.; that any and all waste shall be kept under enclosed cover until disposed of.

(101)

Restaurants with a minimum seating capacity of 100 persons, but drive-in restaurants shall not be permitted.

(102)

Bakeries.

(103)

New automotive sales and service agencies.

(104)

Industrial medical clinics.

(105)

Laboratories.

(106)

Hydroponic farming.

(107)

Light manufacturing that does not produce offensive odors, fumes, gases, dust, smoke, vibration or noise.

(108)

Machine shops.

(109)

Radio and TV towers and transmitters, if approved by CAA and FCC.

(110)

Storage and handling of heavy equipment and industrial equipment.

(111)

Warehouses for storage, freight or wholesale distribution.

(112)

Welding shops.

(113)

Yards for the storage of lumber and building material.

(114)

Other industrial plants similar to those stated above and which are not prohibited by other provisions of this chapter.

(115)

Chicken hatcheries with no feeding of chickens on premises.

(116)

Yards and facilities for handling of petroleum products. All storage tanks shall be located at least 20 feet from the outside lines and must be surrounded by a wire fence eight feet in height, such fences to be at least five feet from the tanks.

(117)

Yards and facilities for the storage and handling of natural, manufactured or mixed gases of any kind. If petroleum shall be stored inside any building, an automatic sprinkler system shall be provided at all times. All storage facilities for natural, manufactured or mixed gases shall be examined quarter-annually by the Police Chief and must comply at all times with the rules and regulations established by ordinances of the Town.

(118)

Concrete products manufacturing.

(119)

Industries similar in nature to those mentioned herein and not prohibited by this chapter and which do not produce offensive odors, fumes, gases, dust, smoke, vibration or noise.

(120)

Any uses of magnesium or the manufacturing thereof, or magnesium alloys or related uses shall be located in M-1 industrial district, subject to the approval by the Police Chief.

(121)

Sewage disposal plants as set forth in section 62-88(97).

(122)

Solid waste management facilities located within the Solid Waste Management Facilities Overlay District, subject to a development agreement with the Town and subject to receiving all necessary permits from the State of Florida Department of Environmental Protection, if applicable. Class I landfills must obtain a special exception from the Town Council at a public hearing pursuant to [section 62-91]. Within a Solid Waste Management Facilities Overlay District, the following accessory uses to a solid waste management facility are permitted: leachate water pre-treatment plant, landfill gas flare station, stormwater retention, access roads, vehicle and equipment storage, tipping station, sorting facility, truck scale and scalehouse, administrative office, equipment maintenance facility, roll-off box container storage area, storage area, and parking facility for collection vehicles.

(123)

Last-mile logistics and retail distribution on properties greater than 10 acres located within 1,000 feet of (1) an existing or planned Palmetto Expressway/SR 826 on- or off-ramp or (2) intersection on Okeechobee Road/US 27/SR 25, after Administrative Site Plan Approval. An application for Administrative Site Plan Approval shall include (1) a traffic study that analyzes the impact of inbound wholesale delivery and outbound retail delivery, queuing, parking, circulation, proposed roadway and signalization improvements, and any other relevant transportation matter, and (2) an operations plan proposing scheduling of inbound and outbound deliveries, noise reduction, employee transportation, environmental mitigation, and other relevant operational matters. In reviewing the traffic and operations plans, the Town may retain appropriate third-party professionals to advise the Building and Zoning Department and Development Review Committee. The costs of all professionals retained by the Town and all staff time expended on the review of the application shall be the sole responsibility of the applicant and shall be reimbursed to the Town in full prior to issuance of a building permit. In reviewing the proposal, the Town may consult and invite recommendations from other governmental entities such as, but not limited to, Florida Department of Transportation, South Florida Regional Planning Council, and Miami-Dade County. Administrative Site Plan Approval shall include any specific traffic and operational conditions deemed expedient to ensure land planning, architectural, and engineering best practices are followed, in addition to other applicable criteria in this code. In order for the Director of Building and Zoning or the Development Review Committee to consider any commitments made by the applicant, those commitments shall be included in either (1) any approval conditions or (2) voluntary declaration of covenants executed and recorded against the property in a form approved by the Town Attorney.

One-family residences, duplexes and apartments shall not be constructed within M-1 districts except for apartment-hotels, and one apartment attached to industrial building for the operator of the industry only and not for rental use.

(b)

Uses permitted subject to approval. The following uses shall be permitted subject to approval as a special exception use, in accordance with section 62-105, et seq.

(1)

Processing, storage and distribution of meat, fish and poultry for food products, provided that this use shall comply with the following standards:

a.

The processing of meat, fish and poultry wastes or byproducts, or the reduction of garbage, shall be prohibited.

b.

All processing and storage activities shall occur within completely enclosed and air-conditioned buildings.

c.

All meat, fish and poultry products, byproducts and waste materials created by processing shall be stored within refrigerated units located inside a fully enclosed building until the removal of these materials from the facility.

d.

The slaughter of livestock, fish or fowl shall be prohibited.

e.

The rendering of fats or oils from meat, fish or poultry shall be prohibited.

(2)

Testing or "running-up" of airplane engines provided that this use shall comply with the following standards and procedures:

(i)

A site plan and other plans shall be required. In addition to the information required in section 62-106 of this Code, said plans shall depict the following information for each type of propulsion engine proposed to be tested:

a.

Types of propulsion engines proposed to be tested;

b.

The exact location of the test site(s), including distances from adjacent buildings, structures, and rights-of-way;

c.

Supporting and/or anchoring structures;

d.

Sound deflectors, mufflers, silencers, hush houses, exhaust detuners or other equipment or structures intended to reduce noise generated during testing;

e.

Any deflectors or similar equipment or structures and any exhaust area(s);

f.

Number of tests proposed to be performed per day and the length of each test;

g.

Description of the fuel to be used in the engine and during testing;

h.

The location and protocol for storage of fuels or other combustible components of the engine; and

i.

Description of test operations and safety controls including but not limited to:

1.

Automatic and manual shut-off or abort mechanisms;

2.

Physical safety and/or sound barriers to be used during testing;

3.

Procedures to limit pedestrian and observer access during testing; and

4.

Emergency procedures, including fire and evacuation procedures.

(ii)

Applicants must provide a report prepared by a Florida-licensed professional sound or acoustic engineer describing how the subject facility's design and/or operation will suppress noise generated by testing or running up of engines to levels at or below the maximum number of decibels identified in subsection (iv) below.

(iii)

The Town shall retain a Florida-licensed professional sound or acoustic engineer to review and comment upon the report required by subsection (ii) above. The applicant shall be responsible for all costs associated with the Town's consultant review, and no special exception to allow testing of airplane engines shall be granted until the costs associated with the Town's consultant review have been paid in full. After reviewing the applicant's report, the Town's consultant shall deliver its comments, findings and conclusions to the Town in written form. A copy of the Town consultant's written comments, findings, and conclusions shall be provided to the applicant.

(iv)

Noise impacts caused by the facility shall not exceed 80 A-weighted decibels (dBA) when measured at the property boundary nearest to the test area. All testing or running-up shall be within the enclosed confined area of cell blocks or test stands.

(v)

Testing or running-up shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m.

(vi)

The proposed use shall not emit an excessive quantity of offensive odors, fumes, gases, dust, smoke, vibration or noise.

(vii)

The operator of the permitted facility shall conduct outdoor sound testing on a semi-annual basis to ensure compliance with this subsection. Said sound testing shall be in accordance with American Society for Testing and Materials (ASTM) standard. The operator shall file the results of such testing with the Town along with a sworn affidavit confirming the accuracy of the test results and that the operation of permitted facility complies with the conditions of this section and any related conditions of the special exception approval.

(viii)

At no time shall engines be tested or run-up when hangars, shops, airplanes or any buildings or persons are in the path of the propeller stream and/or jet exhaust.

(ix)

At no time shall engines be tested or run-up without the use of the sound deflectors, mufflers, silencers, hush houses, exhaust detuners or other noise control equipment or structures identified on the approved plans pursuant to subsection (2)(i)(d) above.

(3)

Recycling of cardboard and paper products provided that this use, in addition to the criteria specified in section 62-105, et seq., shall comply with the following specific standards and the approval by the Town Council of a detailed site plan showing compliance with said standards:

a.

All activity, including processing, drop-off of materials, sorting, storage, staging and packaging shall be conducted within a fully enclosed building.

b.

Bundled pallets shall be loaded into containers or other vehicles inside of a building or directly from the inside of a building to the back of a container.

c.

All waste shall be properly bundled and disposed of offsite to insure that no waste material accumulates to cause a nuisance or fire hazard.

(4)

Replacement of tread on worn tires, commonly known as tire "retreading," "recapping" or "remolding," provided that this use shall comply with the following standards:

a.

All processing and storage activities shall occur within completely enclosed buildings.

b.

The proposed use shall not emit offensive odors, fumes, gases, dust, smoke, vibration or noise.

(5)

Electric fences pursuant to the criteria listed in section 62-44(f).

(6)

Shipping container facility, provided that this use shall comply with the following standards:

a.

The driveway approach and the site on which the containers will be placed shall provide an improved paved surface such as asphalt or concrete to provide sediment control. Asphalt millings, gravel or similar shall not be permitted.

b.

No shipping container facility shall be permitted within 600 feet of a residential area or district as measured on a straight line from the two closest points between the nearest residential zoning district line and the nearest property line of the proposed site.

c.

A shipping container facility must have a minimum land area of five acres.

d.

There shall be ten foot setbacks from each property line. Shipping containers abutting a right-of-way shall be stacked as follows.

1.

The maximum stacking height where adjacent to the right-of-way shall be two shipping containers. The containers shall be permitted to increase in height by one container until a maximum of six containers high.

e.

Open-air stacking of Shipping Containers shall not exceed six shipping containers.

f.

The entire shipping container facility must be enclosed by a fence or wall that is a minimum of six feet in height if the property does not have a contiguous wall of shipping containers to secure the property. All portions of the fence or wall abutting a right-of-way must be placed at a distance necessary to provide street trees consistent with the requirements of the Miami Dade County Landscaping Code, Chapter 18A.

g.

Shipping container facilities shall be restricted to M-1 parcels located west of the Palmetto Expressway.

h.

All repairs, with the exception of general maintenance and minor repairs, shall only occur within an enclosed building.

i.

Sufficient on-site parking shall be provided for all employees and customers.

(c)

Building site and lot coverage. The total lot coverage permitted for all buildings on the lot shall not exceed 60 percent of the total lot area. There shall be no side and rear yard requirements. Ample and adequate space and highway facilities shall be left adjacent to each industrial plant or other development to permit ready and easy access of firefighting apparatus in case of fire; and adequate space shall be provided for necessary parking facilities.

(d)

Type of construction. All buildings erected in any industrial district must comply with the Florida Building Code.

(1)

No loading dock, ramp or any other form of loading facility shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used where such facility would face abutting R-1 districts.

(2)

No building shall be erected, constructed, reconstructed or structurally altered which exceeds the height of 16 feet, which height shall be measured from the front street level, if the property on which the building is located directly abuts or is across a street or alley from a property which is zoned R-1. On properties which are not directly abutting or located across a street or alley from a property which is zoned R-1, the maximum building height shall be 50 feet, except that commercial and office uses for properties generally described as located west of the Palmetto Expressway (SR 826) and east of the Palmetto Expressway (SR 826) bounded on the south by N.W. 74th Street and on the north by the FEC railroad tracks as depicted on the location map herein may exceed 50 feet in height subject to the maximum permitted development under the Town's comprehensive plan. A variance from the height limitations of this subsection shall not be permitted for a building which is located directly abutting or across a street or alley from a property which is zoned R-1.

(e)

Limitations and restrictions on uses. In those areas where M-1 industrial districts abut or face R-1 one-family districts, the following limitations and restrictions on uses permitted in such areas shall apply:

(1)

No building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose excepting for one or more of the following uses:

a.

Antique shops.

b.

Apartment-Hotels.

c.

Art goods and bric-a-brac.

d.

Automobile new parts and equipment or accessory stores (salesroom only).

e.

Bake shops, retail only, provided no baking shall be permitted on premises.

f.

Banks.

g.

Barbershops.

h.

Beauty parlors.

i.

Cigar stores.

j.

Confectionery and ice cream stores, retail.

k.

Cleaning and laundry agencies, where no gasoline or explosives of any kind are stored or used therewith and provided no cleaning or laundry shall be done on the premises.

l.

Curio stores.

m.

Drugstores.

n.

Fruit stores, retail only, provided all merchandise shall be completely enclosed within the building.

o.

Furniture stores.

p.

Grocery stores, except handling of live poultry which shall be prohibited on premises.

q.

Hardware stores.

r.

Hat cleaning and blocking agencies but no cleaning shall be permitted on premises.

s.

Hotels.

t.

Insurance agencies and offices.

u.

Interior decorating, costuming, draperies.

v.

Jewelry stores.

w.

Leather goods stores.

x.

Loan agencies.

y.

Luggage shops.

z.

Millinery shops.

aa.

Modiste, wearing apparel.

bb.

Music stores and radio stores for retail sales of merchandise only.

cc.

Offices for business and professional purposes.

dd.

Optical stores.

ee.

Photograph galleries.

ff.

Post offices.

gg.

Real estate offices.

hh.

Shoe stores.

ii.

Shoe repair shops.

jj.

Soft drink stands, provided same shall be completely enclosed.

kk.

Souvenir stores and gift shops.

ll.

Sporting goods stores.

mm.

Stationery stores.

nn.

Tailor shops.

oo.

Telephone exchanges.

pp.

Telegraph stations.

qq.

Bicycle stores and bicycle repair shops.

rr.

Locksmith shops.

ss.

Novelty shops for retail sales of merchandise only.

tt.

Printing shops.

uu.

Retail electric stores.

vv.

Retail plumbing and wholesale plumbing supply stores.

ww.

Self-service ice stations.

xx.

Upholstering shops.

yy.

Hydroponic farming.

(2)

No loading dock, ramp or any other form of loading facility shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used where such facility would face abutting R-1 districts.

(3)

No building shall be erected, constructed, reconstructed or structurally altered which exceeds the height of 16 feet, which height shall be measured from the front street level, except for apartment-hotels and hotels.

(4)

No material of any type, form or nature shall be stored on the exterior of any building where the height of such material exceeds eight feet and any such material stored shall not be of an unsightly, noxious, offensive or dangerous character or nature. Further, any stored material must be located behind and concealed by a wall eight feet in height which wall shall be located in compliance with the setback requirements as set forth in section 62-53. Any wall so constructed is further required to be landscaped with appropriate plants, trees, grass and other shrubbery and earth berms so as to give it an aesthetically pleasing appearance and prevent it from being an eyesore to abutting R-1 property owners.

(5)

No signs of any type or nature shall be allowed on or on top of any building or located on any property which faces or abuts R-1 property.

(6)

The hours of operation for businesses shall not commence earlier than 7:00 a.m. on weekdays and 9:00 a.m. on Saturdays, Sundays and holidays and shall not extend later than 5:00 p.m. on weekdays and 5:00 p.m. on Saturdays, Sundays and holidays. This restriction shall also apply to the use of trucks and any other type of machinery or equipment which causes noise which can be heard in the abutting R-1 areas. However, nothing contained herein shall prevent the use of such buildings during the hours not specified if such use is of a type and nature which will be confined to the inside of any such building and does not cause noise which disturbs and affects the quiet use and enjoyment of abutting property owners.

(7)

The setback area as defined in section 62-53 is to be used as a buffer zone and no building or structure of any type or nature, either temporary or permanent, roadway, driveway or alleyway shall be permitted thereon. The setback area shall be landscaped with appropriate plants, trees, grass and other shrubbery and earth berms so as to give the setback area an aesthetically pleasing appearance and prevent it from being an eyesore to abutting R-1 property owners.

(8)

Notwithstanding the uses set forth in subsection (1) above and the hours of operation set forth in subsection (7) above, no business shall be permitted in those areas where M-1 industrial districts abut or face R-1 residential districts which are of such a type and/or nature or which use any type of machinery or equipment that makes or creates noise which is audible in the abutting R-1 districts.

(9)

Adult daycares shall be subject to the following additional regulations:

a.

Adult daycares shall have a minimum of 350 square feet of indoor activity area for the first nine adults served, and an additional 35 square feet of indoor activity area for every additional adult served beyond nine.

b.

Operation of the adult daycare shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Overnight services are prohibited.

c.

Any building used or designed as an adult daycare shall have dedicated and covered off-street drop off facilities to protect patrons from vehicular traffic and the elements during drop-off and pick up from the adult daycare.

d.

Adult daycares shall require one off-street parking space per staff member.

(Ord. No. C-151, § 20, 3-4-74; Ord. No. C-180, § 2, 8-7-78; Ord. No. C-184, § 4, 12-4-78; Ord. No. C-211, § 1, 1-3-84; Ord. No. C-352, §§ 3, 4, 4-23-2012; Ord. No. C-368, § 5, 12-2-2013; Ord. No. C-371, § 3, 2-3-2014; Ord. No. C-382, § 2, 10-6-2014; Ord. No. C-390, § 2, 5-4-2015; Ord. No. C-391, § 2, 5-4-2015; Ord. No. C-402, § 2, 10-5-2015; Ord. No. C-410, § 2, 3-7-2016; Ord. No. C-414, § 3, 10-26-2016; Ord. No. C-417, § 3, 4-3-2017; Ord. No. C-428, § 2, 10-1-2018; Ord. No. C-438, § 2, 10-7-2019; Ord. No. C-441, § 2, 11-4-2019; Ord. No. C-447, § 2, 1-7-2021)

(a)

Uses permitted. No building or land shall be used and no building shall be hereafter erected, constructed, reconstructed or structurally altered in an M-3 district which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one or more of the following uses and provided further that all storage of materials and products and all operations of work of every character are carried on entirely within the enclosing walls and under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight feet when the work is of a nature to be carried on the outside of the buildings:

(1)

Any industrial plant that produces offensive odors, fumes, gases, dust, smoke, vibration or noise, but petroleum products storage facilities are prohibited in M-3 districts.

(2)

Meat preparation plants, but slaughterhouses shall not be permitted in the Town.

(3)

Radio and television towers, transmitters, if approved by CAA and FCC.

(4)

Speedways for automobile and motorcycle racing.

(5)

Foundries.

(6)

Sewage disposal plants as set forth in section 62-88(97).

(7)

Residences, duplexes and apartments shall not be constructed within M-3 districts, except one apartment attached to an industrial building for the operator of the industry only and not for rental use.

The total lot coverage permitted for all buildings on the lot shall not exceed 60 percent of the total lot area. Ample and adequate space and highway facilities shall be left adjacent to each industrial plant or other development to permit ready and easy access of firefighting apparatus in case of fire; and adequate space shall be provided for necessary parking facilities. The owner of any building erected in any industrial district after the adoption of this chapter shall at all times provide adequate space for necessary parking facilities.

No building plans shall be approved and no certificate of occupancy for final inspection shall be issued until plans for parking as provided herein shall be shown within 500 feet in a direct line from the building for which the parking space is to be made available. No such parking will be considered in any area where there is no ingress or egress. Discontinuance of the parking facilities shall require the Building Inspector to condemn the building until such facilities shall be restored. No building other than masonry construction, metal or any other building material meeting Florida Building Code requirements shall be erected in an industrial district.

(b)

Limitations and restrictions on uses.

(1)

In those areas where M-3 industrial districts abut or face R-1 one-family districts, the uses permitted as set forth in subsection (a) of this section shall not apply.

(2)

No loading dock, ramp or any other form of loading facility shall be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used where such facility would face abutting R-1 districts.

(3)

No building shall be erected, constructed, reconstructed or structurally altered which exceeds the height of 16 feet, which height shall be measured from the front street level, if the property on which the building is located directly abuts or is across a street or alley from a property which is zoned R-1. On properties which are not directly abutting or located across a street or alley from a property which is zoned R-1, the maximum building height shall be 50 feet. A variance from the height limitations of this subsection shall not be permitted for a building which is located directly abutting or across a street or alley from a property which is zoned R-1.

(4)

The ownership and operation of electric fences shall be permitted subject to approval of a special exception use, in accordance with section 62-105, et seq. and the criteria listed in section 62-44(f).

(5)

Replacement of tread on worn tires, commonly known as tire "retreading," "recapping" or "remolding," provided that this use shall comply with the following standards:

a.

All processing and storage activities shall occur within completely enclosed buildings.

b.

The proposed use shall not emit offensive odors, fumes, gases, dust, smoke, vibration or noise.

(c)

Uses permitted subject to approval. The following uses shall be permitted subject to approval as a special exception use, in accordance with section 62-105, et seq.

(1)

Shipping container facility, subject to the standards under section 62-88(b)(5).

(Ord. No. C-180, § 3, 8-7-78; Ord. No. C-184, § 5, 12-4-78; Ord. No. C-368, § 5, 12-2-2013; Ord. No. C-390, § 2, 5-4-2015; Ord. No. C-391, § 2, 5-4-2015; Ord. No. C-407, § 2, 10-5-2015; Ord. No. C-417, § 3, 4-3-2017)

(a)

Uses permitted. The following uses shall be permitted:

(1)

Materials Recovery Facilities, provided that all such facilities shall be approved at public hearing, and, shall comply with the following criteria:

a.

Within 36 months following the effective date of this section, or, within 36 months of the issuance of the applicable occupational license, Materials Recovery Facilities shall only operate within the enclosing walls and under the roof of a building.

b.

The transportation of Class III Waste into the facility as well as the distribution of recycled materials to new users shall only occur through use of Town designated roadway routes.

c.

All such facilities shall conform to all federal, state, county and Town legal requirements regulating Materials Recovery Facilities.

d.

All such facilities shall conform to any and all reasonable rules and regulations, now or hereafter enacted, to control noxious odors, odors that affect the health and comfort of the Town's inhabitants or persons employed within the municipal boundaries of the Town, and the emission or creation of smoke, dirt, gasses or dust.

(2)

Lined Class III Landfills, provided that all such facilities shall be approved at public hearing, and, shall comply with the following criteria:

a.

The transportation of Class III Waste into the facility shall only occur through use of Town designated roadway routes.

b.

All such facilities shall conform to all federal, state, county and Town legal requirements regulating Lined Class III Landfills.

c.

All such facilities shall be limited to a maximum height of 250 feet above the Miami-Dade County approved minimum flood elevation.

(3)

Shipping container facility, subject to the standards under section 62-88(b)(5).

(b)

Limitations and restrictions on uses.

(1)

It shall be unlawful to use or occupy any building structure or premises in the L-1 Zoning District for any purpose other than those specifically allowed herein.

(2)

The following activities are prohibited:

a.

Manufacturing or remanufacturing of Materials;

b.

Reprocessing or shredding of Materials;

c.

Burning or incineration of Materials;

d.

Storage of recovered Materials in excess of the time allowed by the Miami-Dade County Department of Environmental Resource Management for such storage in like facilities;

e.

Operation of a Volume Reduction Plant;

f.

Operation of a Lined Class I Landfill;

g.

Disposal of Putrescible Waste; and

h.

Operation of any other type or nature of landfill, dump, junkyard, automobile or equipment storage, reclamation, recycling, parts recovery or rehabilitation facility.

(3)

The ownership and operation of electric fences shall be permitted subject to approval as a special exception use, in accordance with section 62-105, et seq., and the criteria listed in section 62-44(f).

(c)

Site coverage.

(1)

The total site coverage permitted for all buildings on the site shall not exceed 60 percent of the total site area;

(2)

There shall be front, side and rear setback requirements on which no business activity, storage of materials or parking may occur. The front, side and rear setbacks shall be the greater of 50 feet or the setback distance required by the DEP, but not including zoned or dedicated rights-of-way;

(3)

Ample and adequate space and highway facilities shall be left adjacent to each Materials Recovery Facility and Lined Class III Landfill to permit ready and easy access of firefighting apparatus in case of fire or other emergency, which shall not be within any setback or within any zoned or dedicated right-of-way;

(4)

Separate adequate space shall be provided for necessary parking facilities, which shall not be within any setback, or within any zoned or dedicated right-of-way; and

(5)

All truck stacking, queuing and/or waiting to enter, exit or utilize the facilities provided for herein shall occur on site. Such activity shall not occur within any setback, landscape buffer or any zoned or dedicated right-of-way.

(d)

Landscaping. All facilities in the L-1 Zoning District shall include a 15-foot buffer which shall not be within any required setback, and no building or structure of any type or nature, either temporary or permanent, shall be permitted within any zoned or dedicated right-of-way or the buffer. The buffer shall be landscaped with appropriate plants, trees, grass and other shrubbery and earth berms so as to give it an aesthetically pleasing appearance and prevent it from being an eyesore to abutting property owners, as shall be approved by the Town Council of the Town of Medley.

Operators of Lined Class III Landfills shall provide landscaping as shall be approved by the Town Council of the Town of Medley at each cell level prior to proceeding with the next cell level.

(e)

The following described real property located within the municipal boundaries of the Town is hereby rezoned to L-1;

Southeast quarter of Section 5, Township 53 South, Range 40 East, Miami-Dade County, Florida.

(f)

Penalties. Any person who violates the provisions of this section shall be subject to fines of not more than $250.00 for each day a first violation is permitted to exist after receipt of a notice of violation establishing a deadline to cure such violation, and $500.00 for each day a repeat violation is permitted to exist beginning with the date the repeat violation is found to have occurred by the Town Code Inspector. If the Town Code Enforcement Board determines the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.

(Ord. No. C-304, §§ 4—8, 11, 4-11-2005; Ord. No. C-391, § 2, 5-4-2015; Ord. No. C-417, § 3, 4-3-2017)

(a)

Definitions. For the purpose of this section the following definitions shall apply:

Development agreement shall mean a development agreement between the owner of property ("Property Owner") and the Town of Medley in accordance with the Florida Local Government Development Agreement Act, Section 163.3220 et seq., Florida Statutes (the "Act").

Solid waste means garbage, refuse, litter, yard trash, construction and demolition debris, solid waste produced from commercial establishments or any other discarded materials, but excluding hazardous waste or toxic waste.

Solid waste facility means a Class I landfill, a Class III landfill, a materials recovery facility, a waste-to-energy facility (including a landfill gas production facility) or a recovered materials processing facility any of which must have received all necessary permits from the State of Florida Department of Environmental Protection and any local permitting authorities, if applicable, but excludes a composting facility.

Solid Waste Facilities Overlay District shall mean properties in the Town of Medley within the area depicted on the Solid Waste Facilities Overlay District Map attached as Exhibit 1 to the ordinance that this section derives.

(b)

Uses permitted. Solid waste facilities, and accessory uses related thereto, authorized under this section as a special exception subject to the provisions of subsection (f) hereof and located within the Solid Waste Facilities Overlay District. All storage of materials and products and all operations of work of every character shall be carried on entirely within enclosing walls or under the roof of a building and/or enclosed by a masonry wall with a minimum height of eight feet when the work is of a nature to be carried on on the outside of the building.

(c)

Accessory uses. The following accessory uses are permitted in association with the primary use: leachate water pre-treatment plant, landfill gas flare station, stormwater retention access roads, vehicle and equipment storage, tipping station, sorting facility, truck scale and scalehouse, administrative office, equipment maintenance facility, roll-off box container storage area, storage area, and parking facility for collection vehicles.

(d)

Development agreement. Class I and Class III landfills located within the Solid Waste Facilities Overlay District shall be subject to the terms and conditions of a development agreement between the property owner and the Town.

(e)

Requirements of development agreement. Prior to the effective date of the approval by the Town Council of a special exception to permit a Class I or Class III landfill within the Solid Waste Facilities Overlay District, the property owner shall execute a development agreement with the Town in accordance with the following:

(1)

The development agreement shall comply with all applicable substantive and procedural requirements of the Act.

(2)

In addition to the requirements of the Act, the development agreement shall contain provisions governing and applicable to the use of the property including, but not limited to, the following:

a.

A description of the activities and types of operations to be conducted on the property, and any conditions to be placed thereon, which may include, but not be limited to, monitoring, inspection, and testing of the operations of the facility or facilities as well as requirements for records to be maintained by the property owner or operator of the facility.

b.

A fee or fees to be paid to the Town as may be agreed between the Town and the property owner. The fee may be structured as a one time or periodic recurring fee as determined between the parties.

c.

Required contributions or construction of improvements to support the approved use.

d.

Any additional terms and conditions necessary to ensure that the property will function and be adequately maintained to protect the Town and surrounding areas from the impacts of the use, including, but not limited to, access, internal and external traffic circulation and control, drainage and roadway improvements, both within and without the property, landscaping and aesthetic improvements.

(f)

Special exception approval. Solid waste facilities shall only be permitted pursuant to a special exception approved by the Town Council after notice and a public hearing in accordance with, and subject to the requirements of, sections 62-105, 62-106, 62-107, and 62-109 of this article III, as may be hereafter amended or supplemented. As provided in this section and subject to all other code requirements relating to the processing of special exceptions, the Town Council may grant special exceptions to: (1) permit any of the uses described in this section; and (2) subject to the provisions of subsection (g) hereof, authorize any deviation from the terms of the Code of Ordinances, but limited to matters such as setback lines, frontage requirements, subdivision regulations, height limitations, lot size restrictions, yard requirements, building requirements and other requirements which have no relation to the use of the property that is the subject of the application. Special exceptions may be granted upon a showing by the applicant that the special exception would not adversely affect the public health, safety, welfare or interest.

(g)

Buffer requirement. No use of land or property for the purpose of storage or stockpiling of any materials, unless screened by a masonry wall or wall composed of other similar material, which wall shall be a minimum height of eight feet and a maximum height of ten feet, shall be permitted within 100 feet of any public right-of-way ("Buffer Area") adjacent to property upon which a solid waste facility is approved and constructed pursuant to this section 62-91; provided, however, for property comprising one acre or less, a buffer area of 50 feet shall be permitted. Class I landfills and accessory uses thereto which are the subject of a permit issued by the Florida Department of Environmental Protection shall comply with the setback requirements of Rule 62-701.300, F.A.C., and are not subject to the buffer requirements of this subsection (g).

(h)

Standards for review. The Town Council shall provide findings of fact that a special exception complies with the following standards and the criteria applicable to each special exception requested:

(1)

That the use is permitted as a special exception use as set forth in the use regulations of the Solid Waste Facilities Overlay District.

(2)

That the use will not cause a detrimental impact to the value of existing contiguous uses, uses in the general area and to the underlying zoning district and the Solid Waste Facilities Overlay District.

(3)

That the use will be compatible with the existing uses on contiguous property, with uses in the general area and underlying zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures in the area, property values and existing similar uses or zoning.

(4)

That adequate landscaping and screening are provided to buffer adjacent uses from potential incompatibilities.

(5)

That adequate parking and loading is provided, and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.

(6)

That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community.

(7)

That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community.

(8)

That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance.

(9)

That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the comprehensive plan.

(10)

That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character.

(11)

That the use will not overburden existing public services and facilities.

(12)

That the proposed special exception is consistent with and furthers the goals, policies and objectives of the comprehensive plan and furthers the purposes of these regulations and other Town ordinances and actions designed to implement the plan.

(13)

That the proposed special exception does not conflict with the needs and character of the Town.

(14)

That the parcel proposed for development is adequate in size and shape to accommodate all development features.

(15)

That the nature of the proposed development is not detrimental to the health, safety and general welfare of the community.

a.

The Town Council may deny, approve, or approve the application with conditions. In issuing its decision to grant a special exception, the Town may place more restrictive requirements and conditions on applications than are provided in this section, when the conditions are based upon site considerations and its use, and the potentially resulting impacts upon the surrounding area or zoning district where the subject property is located.

b.

If the applicant wishes to amend a special exception use approval, the proposed amendment shall be processed and reviewed in accordance with the procedures set forth in this section for new special exception uses.

(i)

Existing uses. Any use of land for solid waste facilities and accessory uses, as those terms are defined herein, existing at the time of the passage of this section may be continued as long as the land is contained within the boundaries of the Solid Waste Facilities Overlay District, as defined herein, and all requirements of the Town of Medley Code of Ordinances are otherwise complied with. Such use of land for solid waste facilities and accessory uses may be enlarged or increased, or extended to occupy a greater area of land within the land occupied for the existing use, provided such enlargement, increase, or extension otherwise complies with all requirements of the Town of Medley Code of Ordinances.

For existing uses as described in this subsection (i), double stacked containers up to a height of 17 feet painted and secured in a manner acceptable to the Town may be continued in lieu of the installation of a wall as required by subsection (g) of this section.

Nothing herein shall be deemed to require the construction of a perimeter wall or the establishment of the buffer required under subsections (b) and (g) above for that certain property located at 9595 N.W. 89th Avenue, Medley, Florida, and bearing Folio Numbers 22-3004-001-0073 and 22-3004-001-0078; provided, however, the existing six foot fence located on the property must continue to be maintained at the existing height and location and must contain screening material as approved by Town staff. Further, this foregoing exemption shall apply for so long as the principal use or activity within the buffer area is limited to the existing storage of bagged mulch and the existing mulching operation on the property.

(j)

Existing solid waste facilities. Solid waste facilities and accessory uses within the Solid Waste Facilities Overlay District authorized and existing pursuant to a valid and effective development agreement executed between a property owner and the Town prior to the effective date of this section are exempt from the provisions of this section. Any modification, alteration, or expansion of such solid waste facilities and accessory uses shall be subject to Town approval only in an amended or new development agreement and shall not be subject to the provisions of this section.

(Ord. No. C-414, § 4, 10-26-2016)