The Bird Road Design and Industrial District (BRDI) Overlay District shall be applied only to those lands within the boundaries shown in the Figure 1 below. This area is generally located south of SW 40th Street (Bird Road), north of SW 48th Street, east of State Road 826, and west of SW 70th Avenue.

Figure 1

(Ord. No. 09-71, § 1, 9-1-09; Ord. No. 14-81, § 1, 9-3-14; Ord. No. 23-10, § 2, 2-7-23)

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Bird Road Design and Industrial (BRDI) Overlay District, except as provided in this article. The following uses herein shall be permitted only in compliance with the general requirements provided in this article.

(a)

All uses authorized by the underlying zoning district. For properties in which the underlying zoning district is BRDI, all uses authorized in the IU-1 district; and

(b)

The following additional uses:

(1)

Antique and secondhand goods shops.

(2)

Apparel stores.

(3)

Art galleries.

(4)

Artisanal use.

(5)

Artists' studios.

(6)

Bakeries.

(7)

Banquet halls.

(8)

Bars and lounges.

(9)

Brewery.

(10)

Cabinet shops.

(11)

Card and stationery shops.

(12)

Confectionery, ice cream stores.

(13)

Custom woodworking.

(14)

Dance studios.

(15)

Decorative home items.

(16)

Designing, making and assembling of art and craft products including sale of finished products, art and craft type products and curios designed, made and assembled in the district.

(17)

Florist shops.

(18)

Furniture stores less than ten thousand (10,000) square feet.

(19)

Gift stores.

(20)

Interior design shops.

(21)

Ironworks.

(22)

Jewelry stores.

(23)

Lamps and lighting fixtures.

(24)

Leather goods and luggage shops.

(25)

Live-work units defined as follows: Single-family unit containing a maximum of two bedrooms in connection with one of the uses delineated in this section.

(26)

Office uses.

(26.1)

Residential uses are permitted subject to administrative site plan review in accordance with Section 33-284.88, and provided that:

(i)

Such uses are developed in accordance with article XLV, Mixed-Use Corridor District.

(ii)

A minimum of 15 percent of the units are provided as housing that is affordable as defined in section 125.01055, Florida Statutes, as may be amended.

(iii)

Residential uses may be mixed with other permitted uses permitted in this article.

(iv)

The entire development, including residential uses, must fit within the building envelope established by the maximum floor area ratio provided in the "Maximum Allowable Non- Residential Development Intensity" within the urban infill area provided in the CDMP.

(27)

Paint and wallpaper stores less than ten thousand (10,000) square feet.

(28)

Photograph studio and photo supply.

(29)

Plant sales (no nurseries or fertilizer).

(30)

Pottery shops.

(31)

Religious facilities.

(32)

Self-service mini-warehouse storage facility.

(33)

Shoe stores and shoe repair shops.

(34)

Stained glass art and windows.

(35)

Tobacco shops for hand rolling cigars and sale of tobacco products.

(36)

Training schools or studios for arts and crafts work, dance, or physical training.

(37)

Restaurants and coffeehouses.

(38)

Uses determined by the Director to be similar to those enumerated above. In determining similarity between a proposed use and the uses enumerated above the Director shall be guided by the intent of this section and shall consider common characteristics including the nature of products offered for sale, the generation of pedestrian and vehicular traffic, and incompatibility with the primary uses permitted in this district.

(Ord. No. 09-71, § 1, 9-1-09; Ord. No. 14-81, § 2, 9-3-14; Ord. No. 23-10, § 2, 2-7-23)

(a)

Building placement and design parameters. Each use shall comply with the building content, setback, area, height, and landscape requirements for the IU-1 zoning district set forth in Section 33-49 (Table of minimum widths, area of lots; maximum lot coverage, and minimum building sizes), Section 33-51 (Setbacks in business and industrial districts), Section 33-58 (Height of building limited to width of street in certain districts), and Section 33-261 (Minimum landscaped open space, greenbelts, trees, and maintenance).

(b)

Outdoor display areas. Products sold on the premises may be displayed against the front facade of the bay or building.

(c)

Parking. Except as provided herein, all parking shall be provided in conformance with Section 33-124 of this chapter.

(1)

For all uses in Section 33-278.6(b), except for office uses, banquet halls, bars, lounges, breweries, restaurants, coffeehouses, and training schools or studios for arts and crafts work, dance, or physical training, parking shall be provided at a minimum of 1.25 parking spaces for each one thousand six hundred (1,600) square feet of gross floor area in the building, or fractional part thereof. Live-work units shall provide an additional 1.75 parking spaces per unit.

(2)

Parking for banquet halls, bars, lounges, breweries, restaurants, coffeehouses, and training schools or studios for arts and crafts work, dance, or physical training shall be provided in accordance with Section 33-124 of this chapter. Notwithstanding the foregoing, if the amount of parking required for one of the uses enumerated in this subsection is not available on the same lot, parcel, or premises as the use to be served, then parking may be provided on a lot or parcel of land that is in a BRDI, IU, or BU District and is within three hundred (300) feet from the site of the use to be served by submitting a covenant in accordance with Section 33-128(a) of this chapter. It is further provided that, if the availability of parking on the other lot or parcel is dependent on the hours of operation of the uses, then parking may be provided through such a covenant where the covenant specifies that the uses on the lot or parcel providing the parking are not in operation at the same time that the use to be served is in operation.

(3)

For the first six thousand four hundred (6,400) square feet of an office use, parking shall be provided at a minimum of 1.25 parking spaces for each one thousand six hundred (1,600) square feet of gross floor area in the building, or fractional part thereof. Beyond the first six thousand four hundred (6,400) square feet, parking for an office use shall be provided in accordance with Section 33-124 of this chapter.

(4)

Housing units that are affordable, provided pursuant to Section 33-278.6(b)(26.1), shall not be subject to a minimum parking requirement.

(Ord. No. 09-71, § 1, 9-1-09; Ord. No. 14-81, § 3, 9-3-14; Ord. No. 23-10, § 2, 2-7-23)

This article shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of this Code, or with the Miami-Dade Department of Public Works Manual of Public Works.

(Ord. No. 09-71, § 1, 9-1-09)

Nothing contained in this article shall be deemed or construed to prohibit a continuation of a legal nonconforming structure, use, or occupancy in the Bird Road Design and Industrial (BRDI) District that either (1) was existing as of the date of the district boundary change on the property to BRDI District, or (2) on or before said date, had received final site plan approval through a public hearing pursuant to this chapter or through administrative site plan review, or had a valid building permit. However, any structure, use, or occupancy in the BRDI District that is discontinued for a period of at least six (6) months, or is superseded by a lawful structure, use or occupancy permitted under this chapter, or that incurs damage to the roof or structure to an extent of fifty (50) percent or more of its market value, shall be subject to the requirements to comply with current zoning regulations as provided in Section 33-35 of this Code.

(Ord. No. 09-71, § 1, 9-1-09; Ord. No. 14-81, § 4, 9-3-14)