Provisions of this article relating to day nurseries, kindergartens and after school care as defined herein shall be applicable in the unincorporated areas of Miami-Dade County and specifically in the incorporated areas of Miami-Dade County. No municipality shall adopt physical standards governing day nurseries, kindergartens or after school care that are in conflict with or in addition to the standards contained in this article, whether more or less restrictive than the standards contained herein.

As used in this article, the term "private school" or "nonpublic educational facility" shall mean an institution which provides child care and/or instruction from the infant level through the college level and which does not come under the direct operation and administration of the Miami-Dade County School Board or the State of Florida; only such uses are intended to be controlled by this article and include, but are not limited to, the following:

(a)

Day nurseries: Child care for infants and children up to and including age six (6).

(b)

Kindergartens: Child care and preschool programs for children ages four (4) through six (6).

(c)

After-school care: Child care and recreation for children above the age of five (5) when no formal schooling program is conducted and where the care provided is generally after school, on weekends, school holidays and vacations.

(d)

Babysitting service for shoppers: Child care for limited time periods (maximum three (3) hours) provided within a shopping center solely for the convenience of the patrons, and limited to not more than forty (40) children at any one (1) time.

(e)

Private college/university: An institution of higher learning beyond the high school level.

(f)

Family day care homes: Child care and recreation with a maximum of five (5) children including the day care operator's own children.

(g)

Private school: This term as used herein refers to any private institution providing child care and/or instruction at any level from infants through the college level.

(h)

[Child, student, pupil:] The terms "child," "student," "pupil," and their plurals are used interchangeably in this article.

(i)

Elementary, junior and senior high schools: References to these schools are to be loosely interpreted to encompass any schools, graded or ungraded, whose students are within the age ranges typically found at these school levels.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 86-27, § 1, 4-1-86; Ord. No. 93-126, § 2, 11-16-93)

This article shall not be applicable to facilities used principally for weekend or intermittent nonacademic religious instruction or for the care of children whose parents or guardians are attending religious services or meetings on the premises.

(Ord. No. 77-59, § 1, 9-6-77)

(a)

New private elementary, junior and senior high schools, private college, universities and non-agricultural trade schools as well as the expansion of such existing facilities shall be prohibited on sites located outside the Urban Development Boundary (UDB).

(b)

Except as provided in subsection (c) below, the following new private educational facilities and the expansion of such facilities shall be located inside the UDB and spaced from the UDB as follows:

(1)

Elementary school: ¼ mile inside the UDB.

(2)

Junior high school: ½ mile inside the UDB.

(3)

Senior high school: one mile inside the UDB.

(4)

Private college or university: one mile inside the UDB.

(5)

Non-agricultural trade school: one mile inside the UDB.

(c)

A proposed new elementary school, junior high school, senior high school, private college, university or non-agricultural trade school, or the expansion of an existing school site, inside but closer to the UDB than indicated in (b) above, may be approved only as a special exception at public hearing, providing that it is demonstrated that within a one-half mile radius of the outer limits of the proposed new school or school expansion site:

(1)

The lots, parcels or tracts are substantially developed; and

(2)

There are no other lots, parcels or tracts available for development that meet the requirements of subsection (b) above and that meet all the requirements of sections 33-151.11 through 33-151.22 of this Code.

Approval of such a site shall require that the majority of the subject site and the proposed buildings' ground floor square footage be located in accordance with (b) above, and that the principal buildings and entrances be placed as far from the UDB as possible.

(d)

For purposes of establishing the distances provided by this section, the applicant shall furnish a certified survey from a registered surveyor, as well as a proposed site plan, which shall indicate that the distance requirements of this section have been met.

(Ord. No. 02-46, § 3, 4-9-02)

(a)

All day nurseries, after-school centers, kindergartens and private schools shall meet the requirements included herein and the requirements of the particular zoning district in which they are located if that district is one (1) in which the facility is a permitted use; facilities in other districts shall meet RU-3 requirements.

(b)

Notwithstanding any other provisions of this chapter, office developments in the RU-5, and RU-5A Districts (i) that contain a platted lot of not less than five (5) acres net approved under one (1) site plan, and under one (1) ownership with a recorded unity of title agreement, and (ii) that include day nursery, kindergarten or after school care space, shall be eligible for a floor area bonus of three (3) square feet for each square foot of floor area dedicated to child care use, subject to the following requirements and entitlements:

(1)

Physical standards for the licensed child care facility shall be as provided in Section 33-151.18 and elsewhere in this article.

(2)

The outdoor area provided in connection with any licensed child care facility qualifying under this Subsection (b) shall be included in the calculation of open space required to be provided in the zoning district in which the facility is located. As a condition of qualifying for inclusion in the calculation of total required open space, the outdoor area shall be shown in the plot use or site plan required by Section 33-151.15. The required plot use or site plan shall establish (A) direct proximity or protected access between the child care facility and the open area; (B) adequate provisions for safety in the outdoor area; and (C) reasonable provisions for integrating use and enjoyment of the outdoor area both for child care and for other uses at the site.

(3)

For each square foot of floor area dedicated to child care use under this Subsection (b), an additional three (3) square feet of floor area for uses other than the child care use at the site shall be allowed in calculating the maximum floor area ratio permitted in the zoning district in which the child care facility is provided. As a condition of approving the plot use or site plan required by Section 33-151.15, the Director shall require a recorded covenant establishing (A) the calculations and conditions upon which the additional square footage has been permitted; and (B) restricting the area designated for child care to child care use only.

(c)

Notwithstanding any other provisions of Chapter 33 to the contrary, horses used to provide therapy as a part of the curriculum of private schools primarily dedicated to the education of developmentally disabled children as specified in Section 393.063, Florida Statutes, shall be permitted in conjunction with school use that has been approved in the EU-1, EU-2, GU and AU zoning districts. The number of horses and the location of the accessory structure(s) to house them shall comply with the underlying zoning district regulations.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 90-145, § 1, 12-18-90; Ord. No. 09-105, § 1, 11-17-09)

(A)

Main campus requirements. Private colleges and universities with sites of thirty (30) acres or less shall meet the minimum standards established herein for high school facilities. Above thirty (30) acres, in addition to said minimum standards, said facilities shall be subject to intensive review by the Department and the County Commission utilizing the study entitled "Physical Standards for Proposed Private Educational Facilities in Unincorporated Miami-Dade County," adopted pursuant to Resolution No. R-633-77.

(B)

Exception for Satellite Classroom Facilities. The requirements set forth in subsection (a) above or any other section of this Article shall not apply to satellite facilities either owned or leased by private colleges or universities located in either a shopping center in a BU-2 or more liberal BU district or in an industrial park in an IU-1 or more liberal IU District, where the shopping center or industrial park is not less than twenty-five (25) acres under one (1) ownership of title, unity of title, or a declaration in lieu of unity of title, with an approved plan showing at least 200,000 square feet of building area with facilities for parking for not less than three hundred (300) vehicles. A satellite classroom facility is a permitted use within such a shopping center or industrial park, provided that it satisfies the following requirements: (a) the total cumulative square footage of all satellite classroom facilities located in a shopping center or industrial park shall be less than fifty (50) percent of the square footage of the shopping center or industrial park; (b) the satellite classroom facility shall be located at least five (5) miles away from the main campus of the private college or university; and (c) the total cumulative square footage of the satellite classroom facilities located in a shopping center shall not exceed ten (10) percent of the total cumulative classroom square footage located at the main campus of the private college or university. For the purposes of this subsection (B), distance shall be measured by following a straight line from the front door of the proposed satellite classroom facility to the nearest point of the main campus grounds. All satellite classroom facilities must comply with the parking requirements set forth in Section 33-124(1)(3). Applicants for satellite classroom facilities shall submit to the Department an affidavit setting forth the total cumulative classroom square footage located at the main campus of the private college or university. A school bookstore selling both new and used books shall be permitted to operate as an ancillary use in connection with satellite classroom facilities provided that the square footage of such bookstore does not exceed ten (10) percent of the total cumulative classroom square footage located at the shopping center or industrial park. The square footage of such a bookstore shall be included in the total cumulative classroom square footage at the shopping center for the purposes of this subsection (B).

(C)

Exception for Commuter Colleges/Universities. The requirements set forth in subsection (A) above or any other section of this article shall not apply to commuter colleges/universities.

(D)

Exception for Allied Health Care Clinical Colleges/Universities. The requirements set forth in subsection (a) above or any other section of this article shall not apply to allied health care clinical colleges/universities. An allied health care clinical college/university shall be located on a site containing a minimum lot area of not less than 1 gross acre and a maximum of five (5) gross acres and shall front on a major roadway (three (3) lanes or more). No allied health care clinical college/university shall exceed 30,000 gross square feet in size, of which the clinic shall not exceed 20 percent of the total gross area or a maximum of 3,000 square feet, whichever is less. Prior to building permit issuance, each allied health care clinical college/university shall be subject to an administrative site plan review (ASPR) in accordance with the applicable standards of the district where located, as provided in Sections 33-245.2, 33-251.5, 33-253.9 and 33-256.8 of this Code.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 00-55, § 1, 5-9-00; Ord. No. 07-75, § 1, 6-5-07; Ord. No. 09-102, § 2, 11-17-09; Ord. No. 10-08, § 2, 2-2-10)

All nonpublic educational facilities, as defined in this article, shall submit the following applicable information to the Department for review by the Department.

(A)

Written information.

(1)

Total size of the site;

(2)

Maximum number of students to be served;

(3)

Number of teachers and administrative and clerical personnel;

(4)

Number of classrooms and total square footage of classroom space;

(5)

Total square footage of nonclassroom space;

(6)

Amount of exterior recreational/play area in square footage;

(7)

Number and type of vehicles that will be used in conjunction with the operation of the facility;

(8)

Number of parking spaces provided for staff, visitors, and transportation vehicles, and justification that those spaces are sufficient for this facility;

(9)

Grades or age groups that will be served;

(10)

Days and hours of operations;

(11)

Means of compliance with requirements by the Miami-Dade County Fire Department, Miami-Dade County Department of Public Health, the Department of Health and Rehabilitative Services, and any federal guidelines applicable to the specific application.

(B)

Graphic information, less than fifty (50) students.

(1)

A detailed plot use plan shall be submitted to the Department of Planning and Zoning, and the same shall be drawn to scale and include dimensions to indicate lot size, street rights-of-way and pavement measured from center line, size of building or buildings, interior floor layout and interior uses, location and size of recreation and/or play areas, location of fences and/or walls that shall enclose recreation and/or play areas; said plans shall include, but not be limited to, off-street parking areas and driveways, walls, fences, signs and landscaping. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code. The plot use plan shall include a title block giving the name of the project, the title of the person preparing the plan, the date of preparation of the plan and scale of drawings.

(2)

Other data shall be furnished as requested by the Director where such data may be needed in order to determine that standards as specified in this article have been met.

(C)

Graphic information, fifty (50) or more students. The following graphic information shall be prepared by design professionals, such as registered Florida architects and landscape architects, for proposed facilities with fifty (50) or more students.

(1)

A plan indicating existing zoning on the site and adjacent areas.

(2)

A site plan indicating the following:

(a)

Location of all structures;

(b)

Parking layout and drives;

(c)

Walkways;

(d)

Location of recreation areas and play equipment which shall include surrounding fences and/or walls;

(e)

Any other features which can appropriately be shown in plan form.

(3)

Floor plans and elevations of all proposed structures.

(4)

Landscape development plan listing quantities, size, and names of all plants in accordance with Chapter 18A of this Code.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 86-27, § 1, 4-1-86; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98)

Where a private educational facility is to be operated in a structure simultaneously used as a residence, church or other facility, the area which will be specifically used for a private school or child care facility during the hours of operation shall be clearly defined. The area so delineated shall be used as the basis for determining physical space requirements as provided in this article. No physical space credit will be given for interior or exterior areas that are not restricted to the school or child care use during the hours of operation of said facility.

(Ord. No. 77-59, § 1, 9-6-77)

No combination of residential use and nonpublic educational facility will be permitted on the same property except as follows:

(a)

A single-family residential use will be permitted in the same building with a nursery or kindergarten use, where the same is used only by the nursery-kindergarten operator.

(b)

In connection with day nursery and kindergarten facilities, a residential unit for a caretaker may be permitted only when the facility operator does not reside on said premises.

(c)

A residential unit will be permitted for a caretaker on the site of an elementary, junior and/or senior high school.

(d)

An existing multifamily apartment building or complex may incorporate a day nursery and/or kindergarten for the accommodation of residents only; provided, that such facility will not be contrary to any site plans previously approved at a public hearing.

(e)

Nonpublic educational facilities may be incorporated into a proposed apartment building or complex, provided said schools are included in the plans submitted for approval at public hearing (in case of apartment complex) and/or for permit (in case of apartment building).

(Ord. No. 77-57, § 1, 9-6-77)

(a)

Outdoor areas. Outdoor recreation/play areas shall be in accordance with the following minimum standards, calculated in terms of the proposed maximum number of children for attendance at the school at any one (1) time unless otherwise indicated.

Minimum Standards for Outdoor Recreation Playground/Play Areas

Where there are category combinations, each classification shall be calculated individually.

(b)

Signs. Signs shall comply with district regulations as contained in Chapter 33 of the Miami-Dade County Code; provided, however, that the total square footage of all freestanding signs in any residential district shall not exceed six (6) square feet in size.

(c)

Auto stacking. Stacking space, defined as that space in which pickup and delivery of children can take place, shall be provided for a minimum of two (2) automobiles for schools with twenty (20) to forty (40) children; schools with forty (40) to sixty (60) [children] shall provide four (4) spaces; thereafter there shall be provided a space sufficient to stack five (5) automobiles.

(d)

Parking requirements. Parking requirements shall be as provided in the Miami-Dade County Zoning Code, Section 33-124(1).

(e)

Classroom size. All spaces shall be calculated on the effective net area usable for instruction or general care of the group to be housed. This space shall not include kitchen areas, bathrooms, hallways, teachers' conference rooms, storage areas, or any other interior space that is not used for instruction, play or other similar activities. The minimum classroom space shall be determined by multiplying the maximum proposed number of pupils for attendance at any one (1) time by the minimum square footages, (1) through (4) below. Where a private educational facility is nongraded, calculations shall be based on the age level that corresponds to the grade level in the public school system. Where a school includes more than one (1) of the following categories, each category shall be individually computed:

(1)

Day nursery and kindergarten, preschool and afterschool care, 35 square feet per pupil.

(2)

Elementary (grades 1—6), 30 square feet per pupil.

(3)

Junior high and senior high (grades 7—12), 25 square feet per pupil.

(4)

Baby-sitting service, 22 square feet of room area per child.

(f)

Height. The structure height shall not exceed the height permitted for that site by the existing zoning.

(g)

Trees. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(h)

[Exemptions.] Baby-sitting services are exempted from the requirements of Subsections (a), (c), (d) and (g), "Outdoor Areas," "Auto Stacking," "Parking" and "Trees," Section 33-151.18. Schools permitted within existing multifamily structures (Subsection (d), Section 33-151.17) are exempted from Subsections (c) and (d), Section 33-151.18, provided such schools are limited to the occupants of the subject multifamily structures.

(i)

Child care facilities as described in Section 33-151.11(a), (b) and (f), shall be prohibited from operating on property abutting or containing a water body such as a pond, lake, canal, irrigation well, river, bay, or the ocean unless a safety barrier is provided which totally encloses or affords complete separation from such water hazards. Swimming pools and permanent wading pools in excess of eighteen (18) inches in depth shall be totally enclosed and separated from the balance of the property so as to prevent unrestricted admittance. All such barriers shall be a minimum of forty-eight (48) inches in height and shall comply with the following standards:

(1)

Gates shall be of the spring back type so that they shall automatically be in a closed and fastened position at all times. Gates shall also be equipped with a safe lock and shall be locked when the area is without adult supervision.

(2)

All safety barriers shall be constructed in accordance with the standards established in Section 33-12, except that screen enclosures shall not constitute a safety barrier for these purposes.

(j)

Location requirement for outdoor recreation playground/play areas for Child Care facilities. Where the front or side street property line of a child care facility as described in Section 33-151.11 (a), (b) and (f), abuts a section line or half section line right-of-way, no outdoor recreation playground/play area shall be located between the right-of-way and the building line parallel to the right-of-way.

(1)

As of May 27, 2016, all existing child care facilities shall either comply with the foregoing requirement or install an anti-ram fixture with a minimum Department of State protection rating of K4 or a safety barrier from vehicular traffic designed by a professional engineer and approved by the Department of Transportation and Public Works. The safety barrier shall be installed along the entire length of the playground/play area that abuts the right-of-way.

(2)

For any existing child care facility which is required to either relocate its outdoor recreation playground/play area or provide a safety barrier, any resulting reduction in outdoor recreation playground/play area shall be deemed in compliance with the minimum playground/play area requirements of Section 33-151.18(a). Any such reduction shall also be deemed to be in substantial compliance with any site plan previously approved at public hearing. In event that such a child care facility whose site plan was approved at public hearing seeks to relocate its playground/play area, such relocation shall be subject to approval after public hearing upon appropriate application. No fee shall be charged for such application.

(3)

This subsection shall not be deemed to allow the future expansion of any child care facility to occur without complying with the requirements of Section 33-151.18(a).

(4)

Notwithstanding anything in the Code to the contrary, the provisions of this subsection (j) shall also apply to child care facilities operated by Miami-Dade County.

(5)

Variances of the location requirements of this subsection (j) shall only be approved with a condition requiring the installation of a safety barrier meeting the requirements set forth above. No variances of the safety barrier requirements of this subsection (j) may be approved except for use variances in accordance with Section 33-311(A)(4)(a) of this chapter.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 86-27, §§ 1, 2, 4-1-86; Ord. No. 90-115, § 1, 10-16-90; Ord. No. 93-126, § 3, 11-16-93; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 01-24, § 1, 2-13-01; Ord. No. 05-16, § 1, 1-27-05; Ord. No. 16-54, § 1, 5-17-16)

The following review standards shall be utilized by the Department, and, where a hearing is required, by the public hearing body.

(a)

Study guide. The study entitled "Physical Standards for Proposed Private Educational Facilities in Unincorporated Miami-Dade County," date 1977, shall be used as a general guide in the review of proposed nonpublic educational facilities; provided, however, that in no case shall the educational philosophy of a school be considered in the evaluation of the application.

(b)

Planning and neighborhood studies. Planning and neighborhood studies accepted or approved by the Board of County Commissioners that include recommendations relevant to the facility site shall be used in the review process.

(c)

Scale. Scale of proposed nonpublic educational facilities shall be compatible with surrounding proposed or existing uses and shall be made compatible by the use of buffering elements.

(d)

Compatibility. The design of the nonpublic educational facilities shall be compatible with the design, kind and intensity of uses and scale of the surrounding area.

(e)

Buffers. Buffering elements shall be utilized for visual screening and substantial reduction of noise levels at all property lines where necessary.

(f)

Landscape. Landscape shall be preserved in its natural state insofar as is practicable by minimizing the removal of trees or the alteration of favorable characteristics of the site. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(g)

Circulation. Pedestrian and auto circulation shall be separated insofar as is practicable, and all circulation systems shall adequately serve the needs of the facility and be compatible and functional with circulation systems outside the facility.

(h)

Noise. Where noise from such sources as automobile traffic is a problem, effective measures shall be provided to reduce such noise to acceptable levels.

(i)

Service areas. Wherever service areas are provided they shall be screened and so located as not to interfere with the livability of the adjacent residential properties.

(j)

Parking areas. Parking areas shall be screened and so located as not to interfere with the livability of the adjacent residential properties.

(k)

Operating time. The operational hours of a nonpublic educational facility shall be such that the impact upon the immediate residential neighborhood is minimized.

(l)

Industrial and commercial. Where schools are permitted in industrial or commercial areas it shall be clearly demonstrated in graphic form how the impact of the commercial or industrial area has been minimized through design techniques.

(m)

Fences and walls. Recreation and/or play areas shall be enclosed with fences and/or walls.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 86-27, § 2, 4-1-86; Ord. No. 95-223, § 1, 12-5-95)

The certificate of use and occupancy shall be automatically renewable annually by the Department upon compliance with all terms and conditions including maintenance of the facility in accordance with the approved plan.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 95-215, § 1, 12-5-95)

It is not the intention of this article to require any changes in any nonpublic educational facilities already in existence at the time of the adoption of this article, so long as said uses have been legally established in accordance with existing regulations.

Any nonpublic educational facilities which have heretofore been approved through a public hearing, and are subject to plot use (or site) plan approval, but on which construction has not been commenced, shall have six (6) months from the date of this article to commence construction; otherwise, compliance with this article shall be required.

With the exceptions noted above, all nonpublic educational facilities shall comply with the requirements of this article upon the effective date thereof.

Any proposed minor changes to existing schools that were approved prior to the adoption of this article may be approved by the Director, provided that such modifications do not violate the resolution approved as part of the plan. Such minor changes shall include, but not be limited to, enlargement of the play area, additions, such as storage areas, additional restrooms, and expansion of kitchen facilities.

(Ord. No. 77-59, § 1, 9-6-77; Ord. No. 95-215, § 1, 12-5-95)

In the unincorporated areas, this article shall be enforced by the Director and Team Metro.

(a)

In the incorporated areas, this article shall be enforced by the municipalities.

(b)

Where this article is not enforced within a municipality the County shall enforce the same where authorized through the Director and Team Metro.

(Ord. No. 93-126, § 4, 11-16-93; Ord. No. 98-125, § 21, 9-3-98)