IU-C District shall be applied only to those lands that appropriately may be used and utilized for the development, construction and operation of large industrial projects and industrial park development of the nature, type and character commensurate with the public health, safety, comfort, convenience, and the general welfare of the County. It is intended that this district shall be utilized to provide an adequate reservoir of lands suited for the needs and requirements of large industries, and industrial park developments, to the end that desirable industrial concerns may be attracted to this area. It is intended, however, that this district shall not be used indiscriminately, so as to permit any industrial use which might be offensive or obnoxious by reason of the emanation of odors, gases, dust, noise or vibration, pollution of air or water, or otherwise detrimental to the general welfare of this community; but that it shall be restricted and confined to only those large industrial uses and industrial park type developments which produce a net gain to the community. It is recognized that the rapid development of new and different industrial uses and operations makes it impossible and impractical to accurately enumerate those which would be beneficial or detrimental to the welfare of this community. Therefore, the intent and purpose for the establishment of this district is expressly set forth, and standards set forth for the use of lands embraced within this district.

(Ord. No. 58-40, § 2(A), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

No land, body of water, or structure in an IU-C District shall be used or permitted to be used, and no structure shall be erected, constructed, moved or reconstructed, structurally altered, used, occupied or maintained for any purpose (except as a legal nonconforming building or use), except for one (1) or more of the uses hereinafter enumerated, and then only in accordance with the conditions hereinafter set forth:

(1)

Every use permitted in the IU-1 District, except adult entertainment uses as defined in Section 33-259.1, and private schools and nonpublic educational facilities as defined in Section 33-151.11 are prohibited in the IU-C District, and every use permitted in the IU-3 Districts (uses permitted in IU-2 District specifically prohibited) and all other industrial uses similar in character shall be permitted in the IU-C District, and shall include utility plants and substations such as, but not limited to, sewage, water, power, communications and gas. Notwithstanding the preceding sentence, commuter colleges/universities are permitted within the IU-C District.

(2)

All residential buildings and uses shall be prohibited in IU-C Districts, except for caretakers' quarters incidental to a permitted industrial use.

(Ord. No. 58-40, § 2(B), 10-7-58; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 01-227, § 5, 12-20-01; Ord. No. 02-23, § 6, 2-12-02; Ord. No. 02-103, § 5, 6-18-02; Ord. No. 09-102, § 5, 11-17-09)

Cross reference— Use, possession and storage of explosives, Ch. 13; circuses and carnivals permitted in IU Districts without public hearing, § 33-13(f).

No use whatsoever shall be permitted in a IU-C District until the applicant for the use shall have filed a written application specifying the use and containing such detailed information and certified reports as may be reasonably required to determine whether or not the proposed use would be commensurate with the public health, safety, comfort, convenience and general welfare of the community and in compliance with other Code provisions. Such written report shall be filed in triplicate with the Director, and shall be reviewed, studied and considered by the Department and such other appropriate department or governmental unit that may be interested or may regulate the use. Said agency shall promptly make a written report of its findings and recommendations to the Director, and simultaneously furnish a copy thereof to the applicant. The proposed use shall be permitted unless the aforesaid report shows that the proposed use would be detrimental to the public health, safety, comfort, convenience or general welfare of the County, or that the proposed use would be offensive or obnoxious by reason of the emission of odors, gases, dust, noise or vibration, or would cause any pollution of the air or water, or otherwise would be contrary to the intent and purpose of this chapter. If the aforesaid report and findings are favorable to the applicant, and it is recommended that the proposed use be permitted, then the Director shall issue appropriate permits and permit the use requested and set forth in the application. If such report is unfavorable to the applicant, no permits shall be issued and the requested use shall not be permitted; provided the applicant has a right of appeal pursuant to Section 33-311(C) of this Code. Nothing herein, however, shall prohibit the issuance of a building permit for an industrial building that complies with all applicable requirements prior to a determination of what use shall occupy such building, the ultimate occupancy being subject to the requirements of this section. No new application for the same proposed use shall be permitted within the period of six (6) months from the date of final determination of a prior application.

(Ord. No. 58-40, § 2(C)(1), 10-7-58; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 72-5, § 1, 1-18-72; Ord. No. 95-215, § 1, 12-5-95)

At all manufacturing establishments or rebuilding, storage or repair places permitted in an IU-C District, all materials and products shall be stored and all manufacturing, rebuilding, storing or renovating operations shall be carried on entirely within an enclosed building or confined and completely enclosed within masonry walls, excepting only shipyards, dry docks, boat slips, and the like, where necessary frontage on the water may be open.

(Ord. No. 58-40, § 2(C)(2), 10-7-58; Ord. No. 68-3, § 3, 2-6-68; Ord. No. 69-51, § 4, 9-3-69)

No uses shall be established, and no building permits issued for structures, until a plat of the land to be used has been recorded with the platting and required improvements resulting from such platting taking into consideration the establishment of a continuity of road pattern and drainage in the general area, including proper and adequate access to existing adequate drainage facilities. In addition, the area proposed for use shall be platted and improved in such a manner as to promote the orderly and logical development and platting of adjacent lands and the area in general, all in accordance with the provisions of Chapter 28 of this Code.

(Ord. No. 58-40, § 2(C)(3), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

No application for zoning of a tract of land for IU-C or for the platting thereof shall be permitted unless such tract consist of at least ten (10) acres of land, credit being given for right-of-way dedications; and such tract shall have not less than three hundred thirty (330) feet of frontage and three hundred thirty (330) feet in depth, credit being given for right-of-way dedication in computing such frontage and depth.

(Ord. No. 58-40, § 2(C)(4), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

(1)

Minimum building setback from front property line shall be twenty-five (25) feet on parcels of up to two (2) acres (net) in size. For parcels of two (2) acres (net) or more, the minimum building setback from front property line shall be fifteen (15) percent of the lesser dimension of the property proposed for use, but the maximum front setback need not be greater than fifty (50) feet and the minimum such setback shall be not less than twenty-five (25) feet.

(2)

Minimum building setback from side property line abutting a highway right-of-way shall be twenty-five (25) feet.

(3)

Minimum building setback from interior side property line shall be ten (10) feet.

(4)

Minimum setback from rear property line on a through lot shall be the same as required for the front setback of the particular lot concerned.

(5)

Rear setbacks shall be as follows: twenty (20) feet from a residential district boundary, provided that credit shall be given for full width of dedicated alleys in computing this setback; five (5) feet from a business or industrial district boundary where any openings are provided int he wall of a proposed structure adjacent to the rear lot line; zero feet from a business or industrial district boundary where no openings are proposed in the wall of a proposed structure adjacent to the rear lot line. The rear setbacks established above shall also apply to accessory buildings.

(Ord. No. 58-40, § 2(C)(5), 10-7-58; Ord. No. 68-8, § 1, 2-21-68; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 79-100, § 1, 11-20-79; Ord. No. 80-89, § 2, 9-2-80; Ord. No. 83-56, § 1, 7-5-83)

All off-street parking areas shall be provided in accordance with applicable zoning regulations, and such off-street parking shall be located outside of areas which are allocated for any other use. Off-street parking shall be permitted within the setback areas as established in Section 33-273 on the following basis:

(1)

Not closer than ten (10) feet to a side property line adjoining a side street.

(2)

Not closer than five (5) feet to an interior side or rear property line.

(3)

Off-street parking shall not be permitted within a twenty-five-foot setback distance from the front property line for the particular lot concerned.

(Ord. No. 58-40, § 2(C)(6), 10-7-58; Ord. No. 68-8, § 2, 2-21-68; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 84-72, § 1, 9-4-84; Ord. No. 91-36, § 6, 3-19-91)

Cross reference— Additional provisions relating to off-street parking, § 33-122 et seq.

Adequate water supply, sewage and waste disposal facilities shall be provided to serve the proposed use, subject to the approval of the Department of Public Health and the Department of Environmental Regulation; and no use permit or certificate of occupancy shall be issued until satisfactory facilities have been completed and actually in operation.

(Ord. No. 58-40, § 2(C)(7), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

Adequate fire hose connections and water supply must be provided for fire protection subject to the approval of the Fire Department. No use permit shall be issued until such facilities have been installed and are operative.

(Ord. No. 58-40, § 2(C)(8), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

Multiple industrial uses, and platting into lots in the form of industrial park development, or waiver of plat to subdivide into lots where such tract has been platted, shall be permitted on the minimum tract described herein, subject to compliance with all applicable requirements of this chapter, and except that such lots shall have a minimum frontage of one hundred twenty-five (125) feet, and a minimum depth of one hundred fifty (150) feet. The adequacy of the plan for development of the proposed park, and the plan for the proper control of those facilities and uses which must be installed and maintained for the joint use of the users of the property, if any, shall be subject to the approval of the Director.

(Ord. No. 58-40, § 2(C)(9), 10-7-58; Ord. No. 69-51, § 4, 9-3-69; Ord. No. 95-215, § 1, 12-5-95)

All other zoning regulations applicable to industrial uses which are not superseded or modified by the provisions of this section shall apply to the use of property in IU-C District, except that the spacing requirements from residential zone boundaries shall not apply.

(Ord. No. 58-40, § 2(C)(10), 10-7-58; Ord. No. 69-51, § 4, 9-3-69)

(a)

Landscaped open space. A minimum of twenty (20) percent of the net lot area of the site shall be developed as landscaped open space. Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation areas, tree preservation zones of "natural forest communities," as defined in Section 26B-1, Code of Miami-Dade County, and other similar landscaped open space at ground level.

Water bodies may be used as part of the required landscaped open space, but such water areas shall not be credited for more than twenty (20) percent of the required open space. The specific areas within enclosed or unenclosed 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, but such areas shall not be credited for more than ten (10) percent of the required landscaped open space. For approved structures exceeding four (4) stories in height, additional landscaped open space shall be provided equivalent to twenty-five (25) percent of the gross floor area of each floor above four (4) stories.

(b)

Greenbelts. Continuous, extensively planted greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential, in accordance with the following minimum standards:

(c)

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

(d)

[Maintenance.] All landscaped areas shall be continuously maintained in good, healthy condition, and sprinkler systems of sufficient size and spacing shall be installed to serve all required landscaped areas except within tree preservation zones of "natural forest communities," as defined in Section 26B-1, Code of Miami-Dade County. Tree preservation zones shall be delineated on all plans submitted to Miami-Dade County for site plan review under Section 33-278.2 of the Code of Miami-Dade County, for the purposes of determining overall preservation area and percent of overall landscaped area. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County.

(Ord. No. 79-100, § 2, 11-20-79; Ord. No. 85-87, § 3, 10-1-85; Ord. No. 95-223, § 1, 12-5-95)

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

(Ord. No. 19-51, § 30, 6-4-19)

Editor's note— Ord. No. 19-51, § 30, adopted June 4, 2019, repealed the former § 33-278.2, and enacted a new § 33-278.2 as set out herein. The former § 33-278.3 pertained to site plan review and derived from Ord. No. 79-10, § 2, adopted Nov. 20, 1979; Ord. No. 95-19, § 16, 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, § 22, adopted Sept. 4, 1996; and Ord. No. 99-38, § 17, adopted April 27, 1999.

Editor's note— Section 33-278.3, pertaining to expansion of existing commercial structures, has been deleted as obsolete. The section was derived from Ord. No. 79-100, § 2, adopted Nov. 20, 1979.

Where a site plan has been or is submitted to the Department for review and approval, and the same has been or is approved, and no construction has yet commenced, the site plan shall be valid for a period of twelve (12) months, within which time the applicant must file complete plans for building permit.

(Ord. No. 79-100, § 2, 11-20-79; Ord. No. 95-215, § 1, 12-5-95)