The purpose of the BU-1, Neighborhood District, is to provide for retail and service convenience facilities which satisfy the essential and frequent needs of the adjacent residential neighborhood.

(Ord. No. 74-22, § 1, 4-16-74)

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, moved, reconstructed, structurally altered, or maintained in any BU-1 District, which is designed, arranged, or intended to be used or occupied for any purpose, except for one or more of the following uses:

(1)

Residential uses may be permitted as:

(a)

A combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed fifty (50) percent of the floor area of the building.

(b)

In connection with a mixed-use development, provided that:

(i)

Said development is located along a SMART Plan Corridor and in accordance with the CDMP; and

(ii)

The property is developed in accordance with Article XLV.

(1.1)

Workforce housing units in compliance with the provisions of this section and Article XIIA of this Code.

(1.2)

Allied health care clinical colleges/universities.

(1.3)

Adult day care center, in accordance with the conditions set forth in Section 33-223.1 of this Code.

(1.4)

Agricultural uses are authorized in electrical utility easements, public properties, and railroad rights-of-way, with the consent of the property owner and utility easement holder (when applicable), subject to the following conditions:

(a)

No on-site retail sales shall be permitted;

(b)

The use shall be conducted on sites with a minimum of one (1) acre;

(c)

Permitted agricultural uses shall include horticulture, floriculture, viticulture, forestry and apiculture;

(d)

No permanent structures shall be permitted;

(e)

Where parking is provided on-site, the parking spaces shall be provided on an unimproved surface;

(f)

If a nursery is located in an easement or right-of-way identified in the Metropolitan Planning Organization's Bicycle Facilities Plan or in the County's Park and Open Space Master Plan as part of the County's bicycle network or as a greenway/trail, a bicycle and pedestrian easement may be provided subject to the property owner's and utility easement holder's (when applicable) approval;

(g)

A Certificate of Use shall be obtained, and shall be renewed annually subject to the conditions contained in this subsection; and

(h)

The use shall not be located closer than 25' to the boundary of a residentially-zoned property or a property designated on the Land Use Plan (LUP) map for residential use.

(2)

Antique shops.

(3)

Apparel stores selling new and/or used merchandise, provided such establishments offering used merchandise contain not more than four thousand (4,000) square feet of gross floor area. The incidental sales of used jewelry, used toys, and used furniture shall be permitted in conjunction with the sales of used apparel, provided that the floor area devoted to the display of those incidental sales items does not exceed thirty (30) percent of the total gross floor area of the apparel store.

(4)

Art good stores, artist studios and photograph shops and galleries.

(5)

Attended, nonmotorized donation collection vehicles as described in Section 33-19; provided, however, that such attended non-motorized donation collection vehicles are placed only on improved property on sites of not less than one-half acre in size, in compliance with required setbacks, and not in required landscape areas or required parking areas and not in an area which would impede traffic circulation. It is further provided, that no attended non-motorized donation collection vehicle shall be placed within twenty-six hundred (2600) feet of another non-motorized donation collection vehicle; the distance shall be measured by following a straight line from the nearest property line where the proposed attended, non-motorized donation collection vehicle is to be located to the nearest property line of an existing attended, non-motorized donation collection vehicle. Notwithstanding any ordinance, resolution or administrative order to the contrary no fee shall be charged for the issuance of a certificate of use and occupancy.

(6)

Banks, excluding drive-in teller service.

(7)

Beauty parlors.

(8)

Bakeries, retail only (baking permitted on premises).

(9)

Barber shops.

(10)

Bicycle sales, rentals and repairs (nonmotorized).

(10.05)

Brew Pubs (Restaurant only), subject to compliance with the following conditions:

(a)

A brewery, distillery, or winery is only permitted as an accessory use to a restaurant. Alcoholic beverages may be served where such service is strictly incidental to the service of food and from a service bar only.

(b)

Off-street parking for restaurant and other allowable uses shall be provided as otherwise required in this Code.

(c)

The use complies with Article X (Alcoholic Beverages) of this chapter.

(10.1)

Computer, video, videogame and DVD stores, including the retail sale or rental of new hardware, software, players, videotapes and videogames, consoles, and related computer, video, videogame and DVD products, and the ancillary resale or exchange of pre-played computer, video, videogame and DVD products, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(11)

Confectionery, ice cream stores and dairy stores.

(12)

Conservatories and music and dance schools, provided no such establishment is located within five hundred (500) feet of any RU, or EU District except after approval after public hearing.

(13)

Dairy stores.

(13.1)

Dispensing facilities for low-THC or medical cannabis, pursuant to article IXA of this chapter.

(13.2)

Drugstores.

(14)

Donated goods centers for the acceptance only of new or used merchandise, upon compliance with the following conditions:

(a)

The portion of the donated goods center which is open to the public shall not exceed 2000 square feet;

(b)

A solid wall shall separate the public area of the donated goods center from the balance of the said center and shall prevent public access to the balance of said center;

(c)

The donated goods center must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(d)

The donated goods must be accepted by personnel directly employed by or volunteers for the not-for-profit organization;

(e)

The monetary proceeds resulting from the sale of donations collected at a donated goods center must be used in accordance with the organization's charitable purpose pursuant to Section 33-238(14)(c) to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, manmade or economic disasters;

(f)

The operation of the donated goods center, the collection and use of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization;

(g)

A declaration of use in a form meeting with the approval of the Director shall be submitted to the Department prior to the issuance of a certificate of use and occupancy specifying compliance with the foregoing conditions. Said declaration of use shall include a floor plan for the intended use as required by the Department.

(15)

Florist shops.

(16)

Grocery stores, fruit stores, health food stores, delicatessen, meat and fish markets and other similar food stores, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(17)

Hardware stores.

(18)

Information booth, gate house and security station. The structure housing these uses shall comply with principal building setback requirements but need not comply with any minimum square foot requirements for the districts.

(19)

Interior design shops, office and display only.

(20)

Jewelry stores, including incidental sales and purchases of used jewelry.

(21)

Leather goods and luggage shops.

(22)

Mail order offices, without storage of products sold.

(22.1)

Museum.

(23)

Newsstand.

(24)

Office buildings.

(25)

Optical stores.

(25.1)

Outdoor dining only in accordance with Section 33-245.1 and only as an ancillary use in conjunction with a restaurant or other public food service establishment, as defined in Section 509.013, Florida Statutes, as may be amended.

(26)

Paint and wallpaper stores.

(27)

Photograph galleries.

(28)

Pottery shops.

(29)

Restaurants and coffee houses.

(29.1)

Religious facilities located inside the Urban Development Boundary. Religious facilities outside the Urban Development Boundary will be permitted only upon approval after public hearing.

(30)

Schools, subject to compliance with the requirements of Sections 33-151.11 through 33-151.22 of this Code.

(31)

Self-service post office which contains mechanical or computer equipment designed to provide limited postal service for walk-up trade.

(32)

Shoe stores and shoe repair shops.

(33)

Sporting goods stores.

(34)

Tailor shops, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(35)

Tobacco shops.

(36)

Variety stores, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(37)

Any property in a BU District may be used as access for egress and ingress only to property zoned in any BU classification or in any IU classification provided that both properties are under the same ownership.

(38)

Outside walk-up window service (no outside stools, chairs or tables), in connection with establishments where the principal use is selling food and drink products, and where a sidewalk of at least seven (7) feet in width abuts the store unit concerned.

(Ord. No. 74-22, § 1, 4-16-74; Ord. No. 76-45, § 1, 5-18-76; Ord. No. 77-60, § 2, 9-6-77; Ord. No. 77-69, § 2, 9-20-77; Ord. No. 92-144, § 1, 11-17-92; Ord. No. 95-80, § 1, 5-2-95; Ord. No. 95-123, § 1, 7-11-95; Ord. No. 96-129, § 1, 9-10-96; Ord. No. 97-13, § 1, 2-25-97; Ord. No. 98-46, § 1, 4-21-98; Ord. No. 99-99, § 2, 9-9-99; Ord. No. 02-46, § 5, 4-9-02; Ord. No. 02-123, § 1, 7-9-02; Ord. No. 07-05, § 17, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 09-47, § 2, 6-2-09; Ord. No. 10-08, § 3, 2-2-10; Ord. No. 11-04, § 5, 2-1-11; Ord. No. 15-26, § 1, 5-5-15; Ord. No. 15-107, § 2, 10-6-15; Ord. No. 15-126, § 3, 11-3-15; Ord. No. 16-67, § 2, 7-6-16; Ord. No. 20-20, § 6, 2-19-20; Ord. No. 21-23, § 1, 3-2-21; Ord. No. 23-85, § 5, 10-3-23)

Setbacks, cubic content, yard area, lot sizes, etc., shall be as specified in article II of this chapter.

(Ord. No. 74-22, § 1, 4-16-74)

(1)

Except for mixed-use development, the maximum height of a building shall be two stories and shall not exceed 35 feet in height.

(2)

The maximum height for mixed-use development shall be four stories.

(Ord. No. 74-22, § 1, 4-16-74; Ord. No. 20-20, § 7, 2-19-20)

The floor area ratio shall be forty-one-hundredths (0.40) at one (1) story and shall be increased by eleven-one-hundredths (0.11) for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed forty (40) percent of the total lot area. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes, nor as part of the lot coverage.

(Ord. No. 74-22, § 1, 4-16-74)

The minimum landscaped open space at one (1) story shall be in accordance with the following table:

The minimum landscaped open space shall be increased by one and one-half (1.5) percent for each additional story or part thereof. For the purpose of computing the amount of required landscaped open space where the building height varies, the number of stories shall be equal to the sum of the products of the number of stories of each part of the building(s) of a different height times its floor area divided by the sum of the floor area of all parts of the building(s). Said open space shall be extensively landscaped with grass, trees and shrubbery. Water areas may be used as part of the required landscaped open space provided such water areas do not exceed twenty (20) percent of the required landscaped open space. The specific areas within enclosed or nonenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas therein, and areas therein with permanent art display may be used as part of the required landscaped open space provided such areas do not exceed ten (10) percent of the required landscaped open space. Landscaping and trees shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 74-22, § 1, 4-16-74; Ord. No. 95-223, § 1, 12-5-95)

Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets shall be prohibited.

(Ord. No. 74-22, § 1, 4-16-74; Ord. No. 13-42, § 4, 5-7-13)

All uses shall be conducted within completely enclosed buildings, unless otherwise specifically provided herein. All materials and products shall be stored within the building or within an area completely enclosed with walls which have a life expectancy of twenty (20) years or more from the date of installation of said walls. Storage shall not be made above the height of the walls.

(Ord. No. 74-22, § 1, 4-16-74)

Where a business lot abuts an AU, GU, RU or EU zoned property, a decorative masonry wall at least five (5) feet in height shall be erected on the business lots along the common property line separating the two (2) districts. Where a dedicated alley separates the two (2) districts, the five-foot decorative masonry wall shall be erected along the business lots adjacent to the alley, permitting only openings for egress and ingress purposes with the smallest width possible for this purpose. Where the business property is a through lot, and the rear of the business lot lies across the street right-of-way from AU, GU, RU or EU zoned property, said wall shall be located on the business lot ten (10) feet in from the official right-of-way line at the rear of the lot, and the ten-foot strip shall be substantially landscaped. The Director shall determine which part of the lot is the rear property line. No wall will be required along the front property line of the business lot where the same is separated from a residential zone by a street. Where the common property line between the two (2) districts is an interior side property line, the required wall shall extend only to a point fifteen (15) feet from the official front property line.

(Ord. No. 74-22, § 1, 4-16-74)

(A)

Outdoor dining permitted subject to prior review and annually-renewable certificate of use. Outdoor dining as an ancillary use in conjunction with a restaurant or other public food service establishment, as defined in Section 509.013, Florida Statutes, as may be amended, may be established, including in landscaped and parking areas, subject to prior review and approval by the Department and to obtaining an annually renewable certificate of use, in accordance with the following:

(1)

The property owner submits, or provides written authorization for a tenant to submit, an application on a form acceptable to the Director. The application shall be accompanied by the following exhibits:

(a)

Site plan or survey depicting the area to be utilized for outdoor dining.

(b)

Indication of the maximum occupancy of the proposed area.

(c)

Indication of the type of shade structures to be used.

(d)

Signature and seal or other legally acceptable certification of a Florida licensed and registered architect or engineer who will be responsible for performing plan reviews and inspections for Florida Building Code requirements.

(2)

The establishment has all current state and local licenses required to operate.

(3)

Outdoor dining areas are managed, operated, and maintained as an integral part of the food service establishment.

(4)

Outdoor dining areas are not located on any private or public road, drive aisle, or public sidewalk.

(5)

The total seating count and seating areas do not exceed the current establishment's approved seating count and seating areas under non-emergency conditions, and outdoor dining areas are included in the calculations for required parking, such that the addition of an outdoor dining area to a previously approved establishment may require a reduction in indoor dining area.

(6)

Outdoor dining areas do not reduce required landscaping for the site.

(7)

Shade structures such as umbrellas and pop up tents may be installed, provided that any tent greater than 10 feet by 12 feet must obtain a building permit.

(8)

Tables and chairs are arranged to ensure that pedestrian access to the food service establishment is not impeded.

(9)

Outdoor dining areas shall comply with disability access requirements, including, without limitation:

(a)

Providing a minimum clear and open pathway of 36 inches;

(b)

Providing tables accessible to persons with disabilities; and

(c)

Providing safe routes to and from washrooms that are accessible to disabled persons.

(10)

Outdoor dining areas shall provide a minimum clearance of 3 feet from all fire department access and devices, such as fire department connections and hydrants.

(11)

Outside public address systems are prohibited, except in connection with outdoor entertainment as permitted by Section 33-150(H).

(12)

Alcoholic beverages may be served in accordance with the establishment's current state beverage license and Article X of this chapter, provided that such service is strictly incidental to the service of food and is from a service bar only.

(13)

Except where otherwise authorized by the code, outdoor cooking or food preparation is prohibited.

(14)

Blinking and flashing lights are prohibited.

(15)

Sanitation requirements shall be observed in all outdoor dining areas.

(16)

Any foliage that dies as a result of removing or altering landscaping shall be replaced.

(17)

Outdoor dining areas are not located in dry retention areas.

(18)

No more than 20 percent of the parking area may be used for outdoor dining.

(19)

Where required, building permits shall be obtained for all applicable structures.

(B)

Pilot program allowing outdoor dining without prior review or certificate of use. Until December 31, 2022, outdoor dining as an ancillary use in conjunction with a restaurant or other public food service establishment, as defined in Section 509.013, Florida Statutes, as may be amended, shall be permitted without requiring an additional permit or certificate of use where all of the following conditions are met:

(1)

Outdoor dining areas are located only in one or more of the following:

(a)

Walkways and pedestrian areas that abut the food service establishment.

(b)

The first row of parking spaces, but only in accordance with the following requirements:

(i)

The parking is adjacent to the walkway fronting the unit or building where the food service establishment is located;

(ii)

Where the outdoor dining area is adjacent to a drive aisle, driveway, or other vehicular use area, the exterior of the outdoor dining area is clearly delineated with bollards, cones, landscaping, planters, or combinations thereof;

(iii)

All handicapped-accessible ramps, parking spaces, and walkways remain fully accessible and are not used for outdoor dining;

(iv)

Structures are not placed in and do not encroach into driveways or drive aisles; and

(v)

The site retains the minimum parking required by this chapter.

(2)

The proposed site complies with paragraphs (2)—(15) of subsection (A).

(C)

The allowances set forth in this section shall not be construed to absolve a tenant from seeking any required consent from the property owner to provide for outdoor dining.

(Ord. No. 21-23, § 2, 3-2-21)

All development shall be reviewed in accordance with Section 33-310.4.

(Ord. No. 19-51, § 23, 6-4-19)

Editor's note— Ord. No. 19-51, § 23, adopted June 4, 2019, repealed the former § 33-245.2, and enacted a new § 33-245.2 as set out herein. The former § 33-245.2 pertained to plan review standards and derived from Ord. No. 74-22, § 1, adopted April 16, 1974; Ord. No. 95-19, § 9, adopted Feb. 7, 1995; Ord. No. 95-215, § 1, adopted Dec. 5, 1995; Ord. No. 95-223, § 1, adopted Dec. 5, 1995; Ord. No. 96-127, § 14, adopted Sept. 4, 1996; Ord. No. 98-125, § 21, adopted Sept. 3, 1998; Ord. No. 99-38, § 10, adopted April 27, 1999; Ord. No. 12-47, § 1, adopted July 3, 2012; and Ord. No. 18-134, § 12, adopted Nov. 8, 2018.