The boundary of GU Interim District shall be the entire unincorporated area of the County, excepting the area specifically covered by another district.

(Ord. No. 57-19, § 6(A), 10-22-57)

Editor's note— Section 33-195, derived from Ord. No. 57-19, § 43, adopted 10-22-57 and Ord. No. 58-17, § 1, 5-20-58, zoning the Town of Pennsuco GU, was repealed by Ord. No. 66-19, § 1, enacted April 26, 1966, effective 10 days thereafter. The section number has been reserved to maintain continuity.

(A)

Inside the Urban Development Boundary. All properties in the GU District, which are inside the Urban Development Boundary, as shown on the Land Use Plan Map of the Comprehensive Development Master Plan, and which have not been previously trended or otherwise approved through the public hearing process for a specific use, shall be subject to the following trend determination process:

(1)

If a neighborhood in the GU District is predominantly one classification of usage, the Director shall be governed by the regulations for that class of usage in determining the standard zoning regulations to be applied, including setbacks, yard areas, type of structures, height, limitations, use, etc. For the purposes of this section, "trend of development" shall mean the use or uses which predominate in adjoining properties within the GU District which because of their geographic proximity to the subject parcel make for a compatible use. The Director shall be guided in determining what constitutes a neighborhood by limiting the evaluation to separate geographic areas, which may be designated by natural boundaries (rivers, canals, etc.) and/or man-made boundaries (roads, full- and half-section lines, etc.). The Director's decision shall be subject to appeal pursuant to the provisions of Section 33-314 of the Code.

(2)

If no trend of development has been established in the GU neighborhood, minimum standards of the EU-2 District shall be applied. All lots subject to compliance with the standards of the EU-2 District shall contain a minimum land area of five acres gross, unless a larger minimum lot size is required by the Comprehensive Development Master Plan.

(B)

Exceptions based on certain platting activity. Notwithstanding any other provision of this section to the contrary, certain platting activity occurring prior to April 12, 1974, which created lots meeting the minimum requirements of the EU-1 District on April 12, 1974, shall qualify such lots for those uses permitted in the EU-1 District. Those lots shall include only those lots indicated on:

(i)

Plats recorded prior to April 12, 1974; and

(ii)

Tentative plats approved as of April 12, 1974, and finally approved and recorded within ninety (90) days after such approval; and

(iii)

A tentative plat for single-family residential lots approved prior to April 12, 1974, if each lot in the approved tentative plat met the minimum standards of the EU-1 District, provided that no final plat or other tentative plat for the subject property was approved after April 12, 1974, and that as of December 31, 2003, a majority of the lots indicated on the tentative plat had been improved with residences pursuant to building permit in accordance with the tentative plat's provisions; and

(iv)

Waivers of plat approved prior to April 12, 1974; and

(v)

Parcels, other than the aforementioned platted lots or tentatively approved plat lots, that prior to April 12, 1974 were purchased under a contract for deed or deeded and met the minimum requirements of the EU-1 District shall be qualified for those uses permitted in the EU-1 District. However, if such deeded parcels were contiguous to and under the same ownership on April 12, 1974, and such deeded contiguous parcels are less than the five-acre minimum site size of the EU-2 District, but exceed the minimum standards of the EU-1 District, such property shall be considered as one parcel of land and cannot be divided or used except as one lot.

(C)

Outside the Urban Development Boundary. All properties in the GU District, which are outside of the Urban Development Boundary (UDB) as shown on the Land Use Plan Map of the Comprehensive Development Master Plan (CDMP) and which have not been previously trended by the Department or otherwise approved through the public hearing process for a specific use, shall be governed by the following regulations:

(1)

All properties designated Agriculture on the Land Use Plan Map of the Comprehensive Development Master Plan shall comply with the regulations of the AU (Agricultural) District. Exceptions to this requirement are those properties designated Agriculture on the Land Use Plan Map of the Comprehensive Development Master Plan lying within the Areas of Critical Environmental Concern pursuant to Chapter 33B of this Code. Such properties shall comply with the regulations applicable under Chapter 33B.

(2)

All properties designated Open Land or Environmental Protection on the Land Use Plan Map of the Comprehensive Development Master Plan shall be subject to the trend determination process outlined in Section 33-196(A). Exceptions to this requirement are those areas lying within the East Everglades Area Boundaries pursuant to Section 33B-13, which shall comply with the regulations applicable under the East Everglades Zoning Ordinance pursuant to Chapter 33B, and those areas within the Rockmining Overlay Zoning Area, which shall comply with the regulations contained in Article XLI of this chapter.

(3)

All properties designated Terminals on the Land Use Plan Map of the CDMP that are located outside of the UDB and within an Urban Expansion Area (UEA) may be developed in accordance with the following.

(a)

Permitted uses shall be as follows:

(i)

Truck parking and other commercial vehicle storage, as provided in the CDMP.

(ii)

Subsequent to the establishment of truck parking and commercial vehicle storage, the following ancillary uses shall be permitted only in conjunction with such parking and storage:

(1)

Vertical shipping container storage, as provided in the CDMP but no more than 65 feet in height;

(2)

Cargo transloading, as provided in the CDMP;

(3)

Ancillary truck services and support, as provided in the CDMP;

(4)

Ancillary commercial and personal service uses that serve the needs of the truckers or workers, as provided in the CDMP; and

(5)

Other similar ancillary uses, as determined by the Director.

(b)

Each property shall be connected to public water and public sanitary sewer facilities and, where applicable, development shall comply with wellfield protection and wetland basin plans and Chapter 24, as provided in the CDMP.

(c)

Each property shall be developed with landscaped open space, as provided in the CDMP.

(1)

Water bodies may be counted as part of the required landscaped open space, but such water areas shall not be credited for more than 20 percent of the required open space.

(2)

Irrigation shall not be required so long as the designated open space is adequately maintained.

(d)

Notwithstanding any provision of this code to the contrary, a combination of landscaping and fencing, which may be wire or metallic, shall be permitted as a perimeter buffer when the adjacent property is vacant or developed with an industrial use.

(e)

Except as provided herein, each property to be developed with the uses provided in this paragraph (C)(3) shall apply the development standards applicable to properties zoned IU-1, as set forth in this chapter and Chapter 18A.

(f)

All development permitted by this paragraph (C)(3) shall be subject to administrative site plan review pursuant to Section 33-310.4.

(D)

Park and Recreation Facilities.

(1)

Notwithstanding any other provision to the contrary, municipal recreation buildings, playgrounds, parks, or reservations owned or operated by a municipality, county, state, or the United States Government shall be permitted in the GU District inside the Urban Development Boundary.

(2)

On properties in the GU District and outside of the Urban Development Boundary, recreational uses and facilities on legally established lakes may be permitted, if permitted under the applicable Land Use Plan Map designation on the CDMP, and subject to administrative site plan review.

(Ord. No. 57-19, § 6(B), 10-22-57; Ord. No. 74-17, § 1, 4-2-74; Ord. No. 77-65, § 1, 9-20-77; Ord. No. 04-63, § 1, 3-16-04; Ord. No. 08-57, § 1, 5-6-08; Ord. No. 17-26, § 1, 5-2-17; Ord. No. 19-107, § 2, 11-19-19; Ord. No. 23-64, § 1, 9-6-23)

A group home shall be permitted in a dwelling unit provided:

(a)

That the total number of resident clients on the premises not exceed six (6) in number.

(b)

That the operation of the facility be licensed by the State of Florida Department of Health and Rehabilitative Services and that said Department or sponsoring agency promptly notify the Director of said licensure no later than the time of home occupancy.

(c)

That the structure used for a group home shall be located at least one thousand (1,000) feet from another existing, unabandoned legally established group home. The 1,000-foot distance requirement shall be measured by following a straight line from the nearest portion of the structure of the proposed use to the nearest portion of the structure of the existing use.

(Ord. No. 81-26, § 10, 3-17-81; Ord. No. 91-51, § 2, 3-7-91; Ord. No. 95-215, § 1, 12-5-95)

Editor's note— Ord. No. 91-51, § 3, adopted May 7, 1991, repealed former § 33-196.2, relative to elderly adult congregate living facilities in a GU District, which derived from Ord. No. 81-25, § 1, adopted March 17, 1981; and Ord. No. 81-60, § 1, adopted June 2, 1981.

Subdivisions in GU Districts shall be governed by the provisions of Chapter 28 of the Miami-Dade County Code. Where applications for building permits indicate the need for reclassification of an area in GU District, the Director may initiate an application for a change of zoning.

(Ord. No. 57-19, § 6(C), 10-22-57; Ord. No. 77-46, § 1, 7-5-77)

Whenever a permit to construct, alter, move or use a building or premises in a GU District is refused because the proposed use would conflict with regulations contained herein, the person desiring a permit may apply for a public hearing.

(Ord. No. 57-19, § 6(D), 10-22-57)