Miami Gardens City Zoning Code

ARTICLE IX

GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES

Sec. 34-287.- Use regulations, generally.

(a)

Permitted uses. Permitted uses are considered to be fundamentally appropriate within the district in which they are located, and are deemed to be consistent with the comprehensive plan. These uses are permitted as of right, subject to any use-related standards and requirements that may be applicable in section 34-288, and the site plan and permit requirements and procedures described in this section.

(b)

Special exception uses. A use listed as a special exception in a zoning district is deemed to be generally unsuitable for location in such district, but may be permitted on a case-by-case basis if, after review and possible attachment of conditions pursuant to the procedures and criteria of section 34-48, the city determines that the use will be appropriate in the given zoning district. A special exception use is also subject to extra requirements in section 34-288 when indicated in the use regulations schedule.

(c)

Accessory uses. Principal uses listed in the use regulations schedule are deemed to include accessory uses listed in article X of this chapter, where such accessory uses are customarily associated with, and are incidental and subordinate to, such principal uses. An accessory use shall be subject to the same regulations that apply to the principal use in each district, except as otherwise provided.

(d)

Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the administrative official or regulated otherwise, by separate ordinance, shall not be subject to the standards and requirements as set forth in this chapter, except that the administrative official may impose conditions, which may include, but not limited to, limiting the period of approval for such uses, imposing hours of operations, operation standards to minimize impacts on surrounding properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of the community.

(e)

Prohibited uses. Any use not specifically listed as a permitted or special exception use, or as an accessory use to a permitted or special exception use, or any use for which the administrative official cannot categorize as similar to a permitted use, special exception use, or accessory use related to a permitted or special exception use, shall be considered expressly prohibited.

(f)

Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all special exception uses require final site plan review and approval.

(g)

Permits required. Except as explicitly provided herein, no use designated as a permitted or special exception use in this chapter shall be established until after the person proposing such use has applied for and received all required development permits which may include final plat approval, final site plan approval, a building permit, certificate of use, and a certificate of occupancy; all pursuant to the requirements of this chapter.

(h)

Uses within an enclosed building. All uses and related activities shall be within an enclosed building, except as may otherwise be permitted in this chapter, or as would be allowed as a customary, incidental, or common practice activity to the use.

(i)

Permitted use table. The following permitted use table, supplemented by the master use list and use definitions set forth in section 34-733, shall be used to determine the zoning district in which a given use may be established. In the event of conflict between the use table in this section and section 34-733, the administrative official shall render an interpretation as to which prevails.

LEGEND

"P"

means the use is permitted in the corresponding zoning district.

"SE"

means the use is subject to special exception procedures as outlined in section 34-48 including additional application fees and approval by the city council at a noticed public hearing.

□

means the use is prohibited in the corresponding zoning district.

*(#)

means additional requirements and criteria must be met in order for the use to be permitted per the criteria in section 34-288 and section 34-733. See additional requirements and criteria for specific uses set forth in section 34-288 and master use list, appendix A in section 34-733.

Table 1: Permitted Uses
Zoning Districts/Uses	R-1	R-2	R-15 R-25 R-50	NC	BTO	PCD	EO	PACE	INN	OF	I-1	I-2	PD	AU	GP
Residential Type Uses
Adult day care center *(1)	□	□	□	P	□	P	□	□	□	P	□	□	P	□	□
Adult Family Care Home, up to 5 residents*(3)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Assisted Living Facility (ALF), up to 6 residents* (8)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Assisted Living Facility (ALF), greater than 6 residents*(9)	SE	SE	SE	SE	□	SE	□	□	□	SE	□	□	SE	□	□
Community residential home, up to 6 residents*(17)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Community residential home, greater than 6 residents *(18.5)	SE	SE	SE	SE	□	SE	□	□	□	SE	□	□	SE	□	□
Family day care home, 5 children or less *(22)	P	P	P	P	P	P	□	□	□	□	□	□	□	□	□
Farm worker housing	□	□	□	□	□	□	□	□	□	□	□	□	□	SE	□
Halfway house	□	□	□	SE	□	SE	□	□	□	SE	□	□	□	□	□
Hotels, Motels, Lodging*(49)	□	□	□	□	□	P	P	P	P	□	P	P	P	□	□
Work/Live loft (41)									P
Mobile home*(31)	□	□	□	□	□	□	□	□	□	□	□	□	P	□	□
Nursing Home	□	□	□	P	□	P	□	□	□	P	□	□	P	□	□
Residential—Mixed-use residential*(41)	□	□	□	□	□	P	P	P	□	□	□	□	P	□	□
Residential—Multifamily residential*(41)	□	□	P	□	□	P	P	P	□	□	□	□	P	□	□
Residential—Single-family-detached residential*(41)	P	□	P	□	P	□	□	□	□	□	□	□	P	□	□
Residential—Townhouse*(41)	□	□	P	□	□	□	SE	SE	□	□	□	□	P	□	□
Residential—Two-family duplex *(41)	□	P	□	□	□	□	□	□	□	□	□	□	□	□	□
Shelter	□	□	□	□	□	SE	□	□	□	□	□	□	□	□	□
Public and Institutional Type Uses
Airport, airfield, heliport, related uses—Public, private*(4)	□	□	□	□	□	□	□	□	□	□	□	□	P	□	P
Community centers	□	□	□	P	P	P	P	P	□	□	□	□	P	□	P
Cultural and civic facilities—Libraries, museums	□	□	□	P	P	P	P	P	□	□	□	□	P	□	P
Detention facility	□	□	□	□	□	□	□	□	□	□	□	□		□	P
Educational and child care facilities—Non-public *(20)	□	□	□	□	□	P	□	□	P	□	P	P	P	□	P
Educational facilities—College or university—Private; main campus*(21)	□	□	□	□	□	SE	□	□	SE	SE	SE	SE	P	□	P
Educational facilities—Public, including charter school	P	P	P	P	P	P	□	□	P	P	P	P	P	P	P
Educational facilities—Technical, vocational, specialty—Non- public	□	□	□	P	□	P	□	□	P	P	P	P	P	□	P
Government facilities, including administrative, support and service	□	□	□	□	□	□	P	P	□	□	□	□	P	□	P
Hospital—Private, public *(27)	□	□	□	□	□	SE	□	□	□	□	□	□	P	□	P
Hospital—Psychiatric *(28)	□	□	□	□	□	SE	□	□	□	□	□	□	SE	□	SE
Public parks and recreational facilities	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Public safety facility	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Sewage lift or pumping station*(39)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Solid waste transfer station	□	□	□	□	□	□	□	□	P	□	P	P	□		P
Transit station	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Utilities and related facilities	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Water plant, waste water plant	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Vehicle Related Commercial Type Uses
Car wash—Enclosed*(11)	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Car wash—Outside, hand wash*(12)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Car wash—Mobile*(13)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Parking garage, lot—Commercial* (32)	□	□	□	□	□	P	P	P	P	P	P	P	P	□	P
Car rental—Automobile only *(47)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Rental—Truck and other vehicles	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Bus charter service, passenger bus terminal	□	□	□	□	□	SE	□	□	SE	□	SE	SE	SE	□	P
Vehicle fueling stations and sales	□	□	□	SE	□	SE	□	□	SE	□	SE	SE	□	□	□
Vehicle major repair—Mechanical, body vehicle towing service	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Vehicle minor repair—Maintenance, service	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle—Parts sales and installation	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle—Parts sales, retail	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle sales—Retail, new automobiles*(45)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle sales—Retail, used automobiles*(45)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Vehicle sales—Wholesale dealer, online independent dealer *(46)				P	□	P	□	□	P	P	P	P	□	□	□
Recreation, Entertainment Type Uses
Amusement parks, stadiums, arenas*(5)	□	□	□	□	□	□	P	P	□	□	□	□	P	□	□
Arcade, video games, electronic gaming	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Casino gaming facility	□	□	□	□	□	□	P	P		□	□	□		□	□
Miniature golf, driving range	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Sport shooting range (indoor) *(26)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Race track—Horse	□	□	□	□	□	□	P	P	□	□	□	□		□	□
Sports fields, batting cages, basketball courts, racket ball courts, sporting activities, bowling alleys—Indoor	□	□	□	P	□	P	P	P	P	□	P	P	P	□	P
Sports fields, batting cages, basketball courts, racket ball courts, sporting activities—Outdoor	□	□	□	SE	□	SE	P	P	P	□	P	P	P	SE	P
Restaurant, Food and Beverage Service Type Uses
Adult entertainment establishment*(2)	□	□	□	□	□	□	□	□	□	□	P	P	□	□	□
Bar/lounge, wine tasting room *(10)	□	□	□	□	□	P	P	P	□	□	□	□	□	□	□
Box lunches, distribution*(14)					□				P		P	P
Catering service*(15)	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Nightclub, discotheque, club, cabarets	□	□	□	□	□	SE	P	P	□	□	SE	SE	□	□	□
Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, outdoor café, food hall*(37)	□	□	□	P	P	P	P	P	P	P	P	P	P	P	□
Microbrewery*(36)	□	□	□	□	□	SE	P	P	P	□	P	P	□	□	□
Places of Assembly Type Uses*(33)
Auction house—Indoor*(33)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Banquet hall*(33)	□	□	□	SE	P	SE	SE	SE	SE	□	SE	SE	□	□	□
Funeral homes*(33)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Place of religious assembly*(33)	□	□	□	P	P	P	P	P	P	□	P	P	□	□	□
Private clubs, not public*(33)	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Theater (movie, performing arts) *(33)	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Commercial Type Uses
Convenience store*(18)	□	□	□	P	□	P	□	□	P	□	P	P		□	□
Donated goods center—New/used*(23)	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Drug, pharmacy store *(19)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Flea market*(24)	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	□	□
Food specialty store	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Grocery store	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Liquor package store	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Pawn shop	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	□	□
Greenhouse, plant nursery, retail or wholesale	□	□	□	SE	P	SE	□	□	P	□	P	P	□	P	□
Retail—Big box, club membership, department	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Retail—General, single use	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Retail sales discount—Less than 12,000 square feet that offer for sale a combination and variety of convenience shopping goods and consumer shopping goods/except for alcoholic beverages and continuously offer a majority of the items in their inventory for sale at a price less than $10.00 per item	□	□	□	SE	□	SE	□	□	SE	□	SE	SE	□	□	□
Retail—Home improvement, building materials* (35)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Secondhand merchandise store/consignment store	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Smoke shop/vape shop	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Office Type Uses
Call center	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Office—Business, sales, professional, semi-professional services	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Office—Medical office/medical clinic	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Service Type Uses
Animal grooming and pet sitting—indoor	□	□	□	P	P	P	□	□	P	P	P	P	□	P	□
Animal hospital/veterinarian clinic*(6)	□	□	□	P	□	P	SE	SE	P	P	P	P	□	P	□
Animal kennel—Commercial boarding dog training facility* (7)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	P	□
Animal shelters	□	□	□	□	□	SE	□	□	P	□	P	P	□	P	□
Blood banks, diagnostic medical treatment centers	□	□	□	P	□	P	□	□	P	P	P	P	□	□	□
Check cashing, bill payments	□	□	□	P	□	P	□	□	P	P	P	P	□	□	□
Copy, printing center	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Cosmetic surgery, beauty clinics	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Customer service center	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Dry cleaning	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Equipment and tool rental	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Financial institution - banks, credit unions, investment brokerage establishments, ATM*(25)	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Health club, fitness club	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Laundromat, self-service	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Package shipping, mail service	□	□	□	P	P	P	P	P	P	P	P	P	P	□	P
Personal care services	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Repair and service shop—General merchandise	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Self-service storage facility *(38)	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Studios—Photographic, and instructional	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Tattoo parlor, body piercing	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Other Uses
Cemetery, mausoleums, crematory*(16)	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	SE	□
Small wireless facility*(44)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Wireless antennas and support services*(43)	SE	SE	SE	SE	□	SE	SE	SE	P	SE	P	P	SE	SE	P
Industrial Type Uses
Warehouse, distribution center, light production, light assembly*(48)	□	□	□	□	□	□	SE	SE	P	□	P	P	□	□	□
Dry cleaning—Commercial laundry plant	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Industrial uses—Heavy*(29)	□	□	□	□	□	□	□	□	□	□	□	P	□	□	□
Industrial uses—Light,*(30)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Laboratory—Medical, research, testing	□	□	□	□	□	□	SE	SE	P	□	P	P	□	□	□
Maker space(43)									P		P	P			P
Radio and TV studio, music production, movie studio	□	□	□	SE	□	SE	SE	SE	P	□	P	P	□	P	P
Recycling facility, refuse disposal	□	□	□	□	□	□	□	□	P	□	P	P	□	□	P
Salvage yard, junkyard*(40)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Showrooms, retail sales	□	□	□	P	□	P	P	P	P	□	P	P		□	□
Showrooms, wholesale sales	□	□	□	□	□	□	□	□	P	□	P	P		□	□
Wholesale fireworks and wholesale or retail sparklers in accordance with F.S. § 791.04 and F.S. § 791.015	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Agricultural Type Uses
Farms—Produce, livestock	□	□	□	□	□	□	□	□	P	□	□	□	□	P	□
Farmer's market*(34)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P

Urban agricultural gardens*(42)	SE	SE	SE	SE	SE	SE	SE	SE	□	SE	□	□	P	P	P

(Ord. No. 2010-10-218, § 2(9-10), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2011-25-267, Exh. B, 11-2-2011; Ord. No. 2013-07-295, § 2(Exh. A), 4-24-2013; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2014-11-322, § 2(Exh. A), 7-9-2013; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2015-05-335, § 2, 5-27-2015; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2018-03-384, § 2, 2-14-2018; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2022-003-444, § 2(Exh. A), 2-9-2022; Ord. No. 2022-013-454, § 2, 7-27-2022; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022; Ord. No. 2023-009-465, § 2, 9-27-2023; Ord. No. 2023-011-467, § 2(Exh. A), 10-11-2023; Ord. No. 2024-006-475, § 2(Exh. C), 9-11-2024; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

Sec. 34-288. - Uses permitted with extra requirements.

The extra requirements of this section shall be deemed necessary in order for uses subject to such requirements to be considered appropriate and compatible within the applicable zoning districts where such extra requirements apply.

(1)

Adult day care center.

Applications to establish adult day care centers shall comply with the requirements of Chapter 408, Part II, Florida Statutes and Chapter 429, Part III, Florida Statutes; and shall include a written statement that the proposed adult day care center will comply with all applicable county and state regulations.

Minimum site area must conform to the requirements for the district within which the facility is to be located.

Minimum lot width: 100 feet.

Minimum distances: All principal and accessory structures shall be 30 feet from any residential zoning district or residential use.

At least 50 square feet of available recreation area shall be provided for each adult. Recreation areas may be provided within an enclosed air-conditioned area or outdoors or a combination of both. Outdoor recreation areas shall not be located within the front setbacks. Outdoor recreation areas shall be screened with a solid wall or fence not less than six feet in height meeting the approval of the administrative official or designee. Landscaping shall be required pursuant to article XIV of this chapter.

(2)

Adult entertainment establishment. In the development and enforcement of this section, it is recognized that there are uses which because of their very nature are recognized as having serious objectionable characteristics, particularly when several of them are concentrated in any given location, thereby having a deleterious effect upon the adjacent business and residential areas. It is desirable, therefore, to locate these adult-oriented activities away from residential areas and public facilities that are used frequently by minors, such as schools, churches, parks, libraries, day care centers, or nurseries. Such uses are subject to the following:

For the purpose of this section the following definitions for terms used herein shall apply:

Adult bookstore. Any business engaged in displaying, distributing, bartering, renting or selling printed matter, pictures, films, graphic or other materials which activity requires the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no more than 15 percent of the total floor area and is kept from clear view of minors.

Adult theater. Any business engaged in presenting films, theatrical productions, performances, recitals, displays, printed matter or other entertainment which activity requires the exclusion of minors pursuant to F.S. ch. 847.

Adult entertainment club. Any business which features live entertainment requiring the exclusion of minors pursuant to F.S ch. 847. For such uses, upon review of a certificate of use application, the administrative official may impose conditions as deemed necessary to ensure compliance with code requirements or minimize or mitigate the impacts of the use on public facilities, adjacent properties and the surrounding neighborhood, including, but not limited to:

(i)

Restriction of hours of operation;

(ii)

Security requirements;

(iii)

Off-duty police requirements;

(iv)

Limitations of use to within the enclosed premises;

(v)

Posting of policies, as it refers to dress code and services of alcohol;

(vi)

Business registration with city and other programs such as a "We Care" business;

(vii)

Conditions to minimize noise and for nuisance abatement.

In addition, prior to the issuance of a certificate of use, the applicant shall submit a security plan to the city which details the applicant's plans for interior and exterior security, for the review and approval by the police chief or the police chief's designee. At a minimum the security plan shall indicate the number of security personnel to be used and the number of off-duty police officers to be used. Nothing contained herein shall be deemed to affect any variances that were previously approved by the city council.

Adult video store. Any business engaged in displaying, renting or selling videotapes which activity requires the exclusion of minors pursuant to F.S. ch. 847, unless such activity comprises no more than 15 percent of the total floor area and is kept from clear view of minors.

Massage establishment. Any shop, parlor, establishment or place of business wherein all or any one or more of the following named subjects and methods of treatments are administered or practiced: Body massage either by hand or by any mechanical or electrical apparatus or device (excluding fever therapy), applying such movements as stroking, friction, rolling, vibration, kneading, cupping, petrissage, rubbing, effleurage or tapotement.

Nothing in this section shall be construed as applying to state licensed massage therapists, barbers, cosmetologists, manicurists, pedicurists, physical therapists' assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing home or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, or their agents, servants, or employees acting in the course of such agency, service or employment under the supervision of the licensee; provided, however, that, for the purpose of this section, the term "massage establishment" shall not include any massage establishment wherein at least one state licensed massage therapist is employed and on duty full time during the hours open for business.

Adult modeling establishments. Any establishment offering nude or partially nude modeling sessions or lingerie, swimwear or photography modeling sessions between two or more persons requiring the exclusion of minor pursuant to F.S. ch. 847.

Encounter studio. All establishments offering nude or partially nude encounter sessions between two or more persons, nude or partially nude dance encounter sessions between two or more persons, and sexual consultation requiring the exclusion of minors pursuant to F.S. ch. 847.

The following additional uses shall be permitted in the I-1 zone:

Adult bookstore;

Adult theater;

Adult entertainment club;

Adult video store;

Massage establishment;

Adult modeling establishment;

Encounter studio.

Unless each individual adult entertainment use is approved as a special exception, none of such uses shall be permitted:

Within 1,000 feet of a private school, as defined in appendix A in section 34-733, public school, place of religious assembly, public park, public library, day care center or nursery for children;

Within 1,200 feet of any of the uses described in subsection (1)b of this section; and

Within 750 feet of any residential zoning (with the exception of AU) district located within either the unincorporated areas of the county or within the city; provided, however, that the spacing requirements above shall not apply where the adult entertainment use is separated from the uses set forth in this subsection by a county or state road of not less than six lanes, or an expressway.

All other distance and spacing requirements pursuant to this chapter shall apply, as well as those spacing requirements imposed by state law, if such state spacing requirements are more restrictive than the regulations contained herein. Any application seeking a variance from state imposed spacing requirements shall be heard directly by the city council pursuant to section 34-47. The distance and spacing requirements set forth in subsection (1)c of this section shall be measured as follows:

(i)

From a place of religious assembly, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the place of religious assembly property.

(ii)

From a private or public school, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the school grounds.

(iii)

From another adult entertainment use, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the existing adult entertainment use.

(iv)

From residential zoning districts, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest boundary of the residential zoning district.

(v)

From a public park, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on park grounds.

(vi)

From a public library, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point of the library property.

(vii)

From day care centers or nurseries for children, the distance shall be measured by following a straight line from the nearest point of the proposed place of business, whether it is the structure itself or the parking lot used by the patrons of the proposed place of business, to the nearest point on the property of the day care center or the nursery.

(viii)

For the purposes of establishing the distance between the uses set forth in subsection, and between such uses and private schools, public schools, places of religious assembly, public parks, public libraries, day care centers or nurseries for children, or residential zoning districts, the applicant for such use shall furnish a certified survey from a professional mapper and surveyor licensed in the state. Such sketch shall indicate the distance between the proposed place of business, and any existing adult entertainment use, any place of religious assembly, public school, private school, public park, public library, day care center or nursery for children or residential zoning district. Each sketch shall indicate all such distances and routes. In case of dispute, the measurement, scaled by the administrative official shall govern.

Exemptions to spacing requirements. This subsection shall not apply to accredited universities, accredited colleges or other accredited educational institutions, museums, art exhibits, arts and cultural performance theaters and playhouses or commercial professional photography and portrait studios which may use nude subjects for their photographs or portraits.

Legally existing nonconforming uses. The following uses shall be deemed legally existing, whether or not such uses comply with the regulations enacted by this subsection, provided however, that nothing contained herein shall exempt such uses from complying with section 34-58, nonconforming uses and structures. Any adult entertainment use for which a building permit has been issued to establish such use prior to January 1, 2002, provided the work authorized by the building permit is completed and a certificate of use and occupancy ("CO") is issued within the time prescribed by applicable regulations; or any adult entertainment use for which a CO has been issued prior to January 1, 2002, provided such CO is valid (not expired or revoked) as of January 1, 2002.

(3)

Adult family care home, up to five residents. Are permitted in a single dwelling unit provided:

That the total number of resident clients on the premises shall not exceed five.

That the home owner resides with the clients being served. Resident clients include disabled adults and older persons who are unable to live independently.

That the operation of the facility shall be licensed, as provided in F.S. 429.67, and that such sponsoring agency promptly notify the administrative official of said licensure no later than the time of home occupancy.

That the facility shall be located at least 1,000 feet from another existing, un-abandoned, legally established group home facility. The distance 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.

A request is submitted to the city on an approved form accompanied by the required fee verifying the distance requirement as outlined in this section has been complied with.

(4)

Airport, airfield, heliport, public, private. Planned development approval is required pursuant to section 34-628.

Additional application requirements. The following shall be submitted as part of the planned development application, unless waived by the administrative official on the basis of adequate existing data or conditions specific to the application that negate the need for such information.

A detailed traffic impact analysis.

A detailed parking analysis.

A Federal Aviation Administration (FAA) airspace analysis.

A preliminary state department of transportation airport license report.

Additional standards.

Minimum ground facilities, navigational aids, landing strip dimensions and related requirements of the state department of transportation for airports.

Heliport and helipad design guidelines adopted by the Federal Aviation Administration.

Guidelines adopted by the Federal Aviation Administration if a general aviation airport; adopted by the Federal Aviation Administration.

Fencing or screening as required by the zoning appeals board.

Minimum distances:

(i)

All ends of runways: at least 50 feet from any property line or as required by the state department of transportation, whichever is greater.

(ii)

All principal and accessory uses: at least 50 feet from any property line.

(iii)

All runways and associated takeoff and landing facilities: at least 50 feet from any property line.

(5)

Amusement parks, stadiums, arenas.

Planned development approval is required pursuant to section 34-628.

Minimum lot area. The minimum lot area required for arena, auditorium or stadium uses shall be no less than five acres.

Frontage. The minimum required frontage on a public street for arena, auditorium or stadium uses at the primary point of access shall be a minimum of 400 feet in length.

Access. All points of vehicular access for arena, auditorium or stadium uses shall be from an arterial road. The access points shall be located to minimize vehicular traffic to and through local streets in residential neighborhoods.

Fencing and screening. Safety fences up to a height of six feet shall be required, if determined appropriate, to protect the general health, safety and welfare. Landscape screens of at least 75 percent opacity shall also be required if it is determined they are necessary to ensure compatibility with surrounding uses and to protect neighboring land values.

(6)

Animal hospitals, veterinarian clinics. Animal hospitals and veterinarian clinics shall be subject to the following provisions:

All services shall be administered within a soundproof, air-conditioned building.

Animal exercise areas that are part of any animal hospital or veterinarian clinic may be located outside provided that an operational plan is submitted as part of the certificate of use and approved by the administrative official, that ensures that outdoor operations will not negatively impact surrounding areas.

(7)

Animal kennel—Commercial, boarding, dog training facility.

Limitations of use. A commercial kennel use shall be limited to the raising, breeding, boarding, sale, and grooming (herein after collectively referred to as "commercial care") of domesticated animals such as dogs and cats. In addition, dog training facilities and the commercial care of snakes or birds may be permitted provided this use is explicitly requested during the approval process.

Regulations. Care of domestic animals is subject to all state, county, and city regulations.

Minimum lot size. The minimum lot size shall be two acres.

Frontage. The minimum required frontage on a public road to be used for the primary point of access shall be 100 feet.

Setbacks. No structure or outdoor run shall be located within 25 feet of any property line.

Outdoor runs. All outdoor exercise runs shall be set back 50 feet from property lines and shall not be located closer than 500 feet from residentially zoned or residentially developed property. Where outside exercise runs are provided, a landscaped buffer or decorative masonry wall shall enclose the runs, and use of the runs shall be restricted to use during daylight hours.

Outdoor areas. Where outside exercise runs are not provided, an outside area shall be designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a landscape buffer or masonry wall. Additionally such area shall be set back 50 feet from property lines and shall not be located closer than 500 feet from residentially zoned or residentially developed property.

[Operational plan to be submitted.] An operational plan shall be submitted as part of the certificate of use and approved by the administrative official, that ensures business operations will not negatively impact surrounding areas.

(8)

Assisted living facility (ALF), up to six residents. Are permitted in a single dwelling unit provided:

That the total number of resident clients on the premises shall not exceed six.

That the operation of the facility shall be licensed, as provided in F.S. ch. 429, and that such sponsoring agency promptly notify the administrative official of said licensure no later than the time of home occupancy.

A request is submitted to the city on an approved form accompanied by the required fee verifying the distance requirement as outlined in this section has been complied with.

(9)

Assisted living facility (ALF) greater than six residents. In addition to requiring a special exception use approval, the following standards shall be complied with:

Location and access. If ambulance service is required, a nursing or convalescent facility use shall have access from a collector road designed to minimize the adverse effects on adjacent property. The environment created for a nursing or convalescent facility use should be of a pronounced residential nature and should be designed to minimize any adverse conditions that might detract from the primary convalescent purpose of the facility.

Minimum lot area. The minimum lot area shall be 10,000 square feet or the minimum requirement of the district in which located, whichever is greater.

Frontage. The minimum frontage for the lot on which the nursing or convalescent facility is located shall be 100 feet, or the minimum requirement of the district in which located, whichever is greater.

Density. Shall be consistent with future land use element of the comprehensive development master plan.

Room size. Sleeping rooms shall be no less than 100 square feet for single-occupancy, and 185 square feet for double occupancy.

Occupancy. Rooms or suites of rooms shall not be designed, altered or maintained for family living purposes.

Food preparation. The preparation of food shall be accomplished at a central kitchen facility. Meals can be served to persons in their rooms.

Room facilities. Each patient room shall be equipped with sanitary facilities in addition to audio monitors and call buttons. At least one bathing facility shall be provided for every ten patients.

Minimum leisure floor area. At least ten square feet of total floor area per patient shall be devoted to a common area exclusive of halls, corridors, stairs and elevator shafts, wherein a variety of recreational or therapeutic activities shall occur.

(10)

Bar/lounge, wine tasting room.

Shall comply with all licensing, spacing and other regulations set forth in article V of this chapter for sale of alcoholic beverages.

Shall not operate as a nightclub/discotheque/club as defined here in this chapter.

Premises must be a minimum of 1,500 square feet in gross area.

Upon review of a certificate of use application, the administrative official may impose conditions as deemed necessary to ensure compliance with code requirements or minimize or mitigate the impacts of the use on public facilities, adjacent properties and the surrounding neighborhood, including, but not limited to, the following:

Restriction of hours of operation.

Security and/or off-duty police requirements;

Limitations of use to within the enclosed premises;

Posting of policies, as it refers to dress code and service of alcohol;

Business registration with city and other programs such as a "We Care" business;

Conditions to minimize noise and for nuisance abatement.

In addition to the general requirements, wine tasting rooms are subject to the following:

Wine tasting rooms are subject to the same spacing requirements as bar/lounge.

Only wine and non-alcoholic beverages and food other than meals, such as appetizers, tapas, snacks and similar types of food may be served. For purposes of this section, "meals" shall mean an assortment of foods commonly ordered in bona fide full service restaurants as principal meals of the day.

Wine and non-alcoholic beverages may be sold at retail for on-premises consumption and for off-premises.

(11)

Carwash, enclosed.

The cleaning of the interior of motor vehicles, waxing of the exterior detail work of motor vehicles, drying and exterior detail work of motor vehicles if any, may be permitted as ancillary use outdoors, providing the requirements of car wash-outdoors use are complied with.

Permitted in conjunction a vehicle fueling station or as a standalone operation on lots with a minimum area of 10,000 square feet.

No outdoor speaker or public address systems, which are audible off-site, shall be permitted.

The property shall be in compliance with all DERM and other regulatory agencies.

(12)

Carwash, outdoor. Shall be permitted subject to complying with the following:

Permitted only in conjunction a vehicle fueling station, providing all activities shall be performed under a covered structure. Said structure shall comply with Florida Building Code and shall maintain all required setbacks of the underlying district.

Prior to issuance of a building permit or certificate of use a site plan shall be submitted with information and detail necessary to determine setbacks and to show traffic circulation, parking, and customer waiting areas. Such plans shall meet the approval of the administrative official prior to issuance of a building permit or certificate of use.

No outdoor speaker or public address systems, which are audible off-site, shall be permitted.

The property shall be in compliance with all DERM and other regulatory agencies.

No outdoor carwash use shall be permitted on a parcel that is within 100 feet of a residential zoning district or residential use.

(13)

Carwash, mobile. Mobile car wash/wax means any type of vehicle or apparatus that is used to wash motorized vehicles that is ambulatory, and is not permanently affixed to real property. Mobile carwash/wax vendors shall be governed by the following regulations:

Mobile service vendors may operate from 8:00 a.m. to 7:00 p.m. No mobile service vendor shall station itself upon any public street or right-of-way. Neither shall any mobile service vendor station itself upon any private property except with the express permission of the owner thereof and in a manner, which does not impede the flow of traffic in public streets or rights-of-way nor block pedestrian access to public streets or rights-of-way.

All mobile service vendors must provide for their own trash and garbage removal such that no trash or garbage remains on the premises upon which the vending was conducted.

No property owner may permit mobile carwash vendors to operate on their property for longer than four hours, or operate on site more than two times per week.

No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted.

With approval from the city, an exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures.

Mobile service vendors must operate from four-wheel motorized vehicles registered in the State of Florida.

Mobile car washes are not permitted within the city limits unless the mobile vehicle is equipped with an approved industrial wastewater transportable treatment system and has been issued a city business license.

No steam cleaning, solvents, and/or degreasers may be used.

No run-off into the stormwater utilities is permitted.

If soap is used, any run-off must be negligible and contained on private property.

Mobile car wash/wax services shall not be permitted to operate within 1,000 feet of a car wash/wax service with a fixed business located within the city, and that has a valid business tax receipt and certificate of use.

(14)

Box lunches, distribution. No person shall distribute box lunches until such person has obtained a business tax receipt (BTR) and certificate of use (CU) permit from the administrative official. Such permit shall be subject to the following restrictions:

No selling to be conducted on, or from, the public right-of-way and such sales to be made only from private property on which is located the use whose employees desire the service, and then only with the consent of the owner of such private property. (In the event active construction prevents access to private property, a temporary stop may be made on right-of-way.)

The uses to be served to be confined to industrial, and any development with an active building permit and under active construction.

Owners of the box lunch business to be responsible for the action of their drivers and salesmen, and that such drivers and salesmen to do everything possible to prevent and eliminate the scattering of food, cups, napkins, garbage, and other related disposable products at their stops.

Vehicles are not permitted to park at any one location more than two hours.

The hours of distribution shall be limited to between 11:00 a.m. and 3:00 p.m.

Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4, article II, section 4-45.

(15)

Catering service.

Shall comply with all regulations set forth in the article V of this chapter for sale of alcoholic beverages.

Shall obtain a business tax receipt (BTR) and certificate of use (CU) permit from the administrative official.

Catering operations including food preparations shall be conducted from a storefront with a physical address.

Catering trucks or commercial vehicles registered to the catering business shall obtain a commercial vehicle parking permit in accordance with section 34-391 of this chapter.

Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4, article II, section 4-45.

(16)

Cemetery, mausoleums, crematories. Special exception use approval is required, subject to the following:

The dead shall not be buried or placed closer than 50 feet to any right-of-way or property line.

Site area. A cemetery shall be located on a site with a minimum contiguous area of five acres, and shall comply with the requirements of F.S. § 497.274.

(17)

Community residential home, up to six residents. Are permitted in a single dwelling unit provided:

That the total number of resident clients on the premises shall not exceed six.

That the operation of the facility shall be licensed, as provided in F.S. ch. 419, and that such sponsoring agency promptly notify the administrative official of said licensure no later than the time of home occupancy.

That the community residential facility shall be located at least 1,000 feet from another existing, unabandoned legally established community residential facility with six or less residents. 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.

A request is submitted to the city on an approved form accompanied by the required fee verifying distance requirement as outlined in this section has been complied with.

(18)

[Convenience stores.] Convenience stores are permitted provided:

Every convenience business shall be equipped with the following security devices and standards:

A security camera system capable of recording and retrieving an image to assist in offender identification and apprehension.

A drop safe or cash management device for restricted access to cash receipts.

A lighted parking lot illuminated at an intensity of at least two foot-candles per square foot at 18 inches above the surface.

A conspicuous notice at the entrance which states that the cash register contains $50.00 or less.

Window signage that allows a clear and unobstructed view from outside the building and in a normal line of sight of the cash register and sales transaction area.

Height markers at the entrance of the convenience business which display height measures.

A cash management policy to limit the cash on hand at all times after 11:00 p.m.

A convenience business shall not have window tinting that reduces exterior or interior view in a normal line of sight.

Every convenience business shall be equipped with a silent alarm to law enforcement or a private security agency, unless application for an exemption is made to and granted by the attorney general. An application for exemption must be in writing and must be accompanied by an administrative fee of $25.00 for each store for which an exemption would apply.

If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping or false imprisonment, as those crimes are identified and defined by Florida Statutes, occurs or has occurred at a convenience business since July 1, 1989, and arises out of the operation of the convenience business, that convenience business shall implement at least one of the following security measures:

Provide at least two employees on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

Install for use by employees at all times after 11:00 p.m. and before 5:00 a.m. a secured safety enclosure of transparent polycarbonate or other material that meets at least one of the following minimum standards:

(A)

American Society for Testing and Materials Standard D3935 (classification PC110 B 3 0800700) and that has a thickness of at least 0.375 inches and has an impact strength of at least 200-foot pounds; or

(B)

Underwriters Laboratory Standard UL 752 for medium power small arms (level one), Bullet Resisting Equipment;

Provide a security guard on the premises at all times after 11:00 p.m. and before 5:00 a.m.;

Lock the business premises throughout the hours of 11:00 p.m. to 5:00 a.m., and only transact business through an indirect pass-through trough, trapdoor, or window; or

Close the business at all times after 11:00 p.m. and before 5:00 a.m.

For purposes of this section, any convenience business that by law implemented any of the security measures set forth in paragraphs d.1.—5. and has maintained said measures as required by the Department of Legal Affairs without any occurrence or incidence of the crimes identified by subsection d. for a period of no less than 24 months immediately preceding the filing of a notice of exemption, may file with the department a notice of exemption from these enhanced security measures. In no event shall this exemption be interpreted to preclude full compliance with the security measures set forth in subsection d. should any occurrence or incidence of the crimes identified by subsection d. cause subsection d. to be statutorily applicable.

(18.5)

Community residential home, more than six residents. Are permitted only after obtaining a special exception use approval and provided:

That the operation of the facility shall be licensed as provided in F.S. ch. 419, and that such sponsoring agency promptly notify the administrative official prior to the time of occupancy.

That the community residential facility shall be located at least 1,200 feet from another existing, unabandoned legally established community residential facility in a multifamily zone district; and shall be located at least 500 feet of an area zoned R-1, single-family residential. The 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 or nearest portion of the R-1 district.

A request is submitted to the city on an approved form accompanied by the required fee verifying distance requirement as outlined in this section has been complied with.

(19)

Drug, pharmacy store. Minimum size. A minimum of 10,000 square feet of gross floor area shall be required in order to operate a drug or pharmacy store.

(20)

Educational and child care facilities, nonpublic.

Applicability and definitions. This subsection shall be applicable to all private and nonpublic educational and child care facilities as defined in appendix A in section 34-733.

Religious activities. This subsection 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.

Zoning district requirements.

All educational and child care facilities shall meet the requirements included herein, and the requirements of the particular zoning district in which they are located if that district is one in which the facility is a permitted use; facilities in other districts requiring a special exception use approval shall meet R-1 requirements.

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

(i)

Physical standards for the licensed child care facility shall be as provided in this subsection and elsewhere in this chapter.

(ii)

The outdoor area provided in connection with any licensed child care facility qualifying under this subsection 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 in this section. 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.

(iii)

For each one square foot of floor area dedicated to child care use under this subsection, an additional three 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, the administrative official shall require a recorded covenant establishing:

The calculations and conditions upon which the additional square footage has been permitted; and

Restricting the area designated for child care to child care use only.

Required information.

All nonpublic educational facilities and child care facilities shall submit the following applicable information in writing to the planning and zoning department for review and approval prior to issuance of certificate of use, or building permit:

(i)

Total size of the site;

(ii)

Maximum number of students to be served;

(iii)

Number of teachers and administrative and clerical personnel;

(iv)

Number of classrooms and total square footage of classroom space;

(v)

Total square footage of non-classroom space;

(vi)

Amount of exterior recreational/play area in square footage;

(vii)

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

(viii)

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

(ix)

Grades or age groups that will be served;

(x)

Days and hours of operations;

(xi)

Means of compliance with requirements by the county fire department, county department of public health, the department of children and family services, and any federal guidelines applicable to the specific application.

All nonpublic educational facilities and child care facilities requesting approval for fewer than 50 students shall submit the following applicable information in graphic form to the planning and zoning department for review and approval prior to issuance of certificate of use or building permit:

(i)

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 article XIV of this article. 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.

(ii)

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

All nonpublic educational facilities and child care facilities requesting approval for 50 or more students shall submit the following applicable information in graphic form to the planning and zoning department for review and approval prior to issuance of a certificate of use or building permit. The following graphic information shall be prepared by design professionals, such as registered state architects and landscape architects.

(i)

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

(ii)

A site plan indicating the following:

Location of all structures;

Parking layout and drives;

Walkways;

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

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

(iii)

Floor plans and elevations of all proposed structures.

(iv)

Landscape development plan listing quantities, size, and names of all plants in accordance with this chapter.

Calculation of physical space requirements for multiple-use facilities.

Where a nonpublic educational facility or child care facility is to be operated in a structure simultaneously used as a residence, place of religious assembly 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.

Combination of residential and nonpublic educational facilities and child care facility.

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

(i)

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

(ii)

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

(iii)

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

(iv)

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

Physical standards.

Recreation/play areas. 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 time unless otherwise indicated. Recreation/play areas may be provided within an enclosed air conditioned area or outdoors or a combination of both.

Table 2: Minimum Standards for Recreation Playground/Play Areas
School categories	Required area
Day care/kindergarten and preschool, after-school care, family day care home	Forty-five square feet per child calculated in terms of half of the proposed maximum number of children for attendance at the school at one time
Elementary school (grades 1—6)	Five hundred square feet per student for the first 30 students; thereafter, 300 square feet per student
Junior and senior high school (grades 7—12)	Eight hundred square feet per student for the first 30 students; 300 square feet per student for the next 300 students; thereafter, 150 square feet per student

(i)

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

(ii)

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 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. Within two years after the administrative official mails notice of the requirement of this article all existing child care facilities shall either comply with the foregoing requirement or install a safety barrier from vehicular traffic designed by a professional engineer and approved by the public works department. 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. 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. This shall not be deemed to allow the future expansion of any child care facility to occur without complying with the requirements of this subsection. Notwithstanding anything in this chapter to the contrary, the provisions of this subsection shall apply to the county and city child care facilities.

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

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 time by the minimum square footages, subsections (18)g.3(i) through (iv). Where a private educational facility is non-graded, 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 of the following categories, each category shall be individually computed:

(i)

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

(ii)

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

(iii)

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

(iv)

Babysitting service, 22 square feet of room area per child.

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

Exemptions. Babysitting services are exempted from the requirements of this section. Child care facilities as described in this subsection shall be prohibited from operating on property abutting or containing a water body such as a pond, lake, canal or, irrigation well 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 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 48 inches in height and shall comply with the following standards:

(i)

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.

(ii)

All safety barriers shall be constructed in accordance with the standards established in section 34-446, except that screen enclosures shall not constitute a safety barrier for these purposes.

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

(i)

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.

(ii)

Planning and neighborhood studies. Planning and neighborhood studies accepted or approved by the city council that include recommendations relevant to the facility site shall be used in the review process.

(iii)

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.

(iv)

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.

(v)

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

(vi)

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 article XIV of this chapter.

(vii)

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.

(viii)

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

(ix)

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.

(x)

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

(xi)

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

(xii)

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.

(xiii)

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

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

Grandfather clause.

(i)

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

(ii)

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 months from the date of this article to commence construction; otherwise, compliance with this article shall be required.

(iii)

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

(iv)

Any proposed minor changes to existing schools that were approved prior to the adoption of this article may be approved by the administrative official, 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.

Accessory uses in houses of worship and schools, public and private.

Additional application requirements.

(i)

A written statement that the proposed child day care center will comply with all applicable county and state regulations.

(ii)

A written statement that the proposed child day care center will be operated and maintained solely by the church or in conjunction with a registered not-for-profit public agency or organization.

Additional standards.

(i)

Child day care centers in houses of worship and schools located in residential districts. Applications to establish child day care centers in houses of worship and schools located in residential districts shall comply with the requirements of Laws of Fla. ch. 59 (1968), as amended.

Minimum site dimensions.

(i)

Minimum site area: 10,000 square feet.

(ii)

Minimum lot width: 100 feet.

Minimum distances.

(i)

All principal structures: 30 feet from any residential property line if located in a residential zoning district or 30 feet from a zoning district.

(ii)

All parking, loading, and vehicular circulation areas: 30 feet from any residential zoning district or 30 feet from a residential property line if located in a residential zoning district.

(iii)

All outdoor play areas: ten feet from any residential zoning district or ten feet from a residential property line if located in a residential zoning district.

Front setback. Available play or activity areas shall not be located within the front setback.

Loading and unloading facilities. Loading and unloading facilities for children such as circular driveways or similar circulation systems that allow for the stacking of three standard size cars without interfering with the traffic flow of the servicing right-of-way or the ingress and egress of the parking area.

Outdoor/indoor play and activity areas. Outdoor play and activity areas shall comply with this section.

(21)

Educational facilities, college or university, private. In addition to requiring a special exception use approval the following standards shall be complied with:

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

Exception for satellite classroom facilities. The requirements set forth in subsection (19)a of this section shall not apply to satellite facilities either owned or leased by private colleges or universities located in either a shopping center or industrial park in a NC, PCD, OF, I-1, or I-2 district, where the shopping center or industrial park is not less than 25 acres under one 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 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:

The total cumulative square footage of all satellite classroom facilities located in a shopping center or industrial park shall be less than 50 percent of the square footage of the shopping center or industrial park.

The satellite classroom facility shall be located at least five miles away from the main campus of the private college or university, 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.

The total cumulative square footage of the satellite classroom facilities located in a shopping center shall not exceed ten percent of the total cumulative classroom square footage located at the main campus of the private college or university.

All satellite classroom facilities must comply with the parking requirements set forth in section 34-375.

Applicants for satellite classroom facilities shall submit to the planning and zoning 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 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.

(22)

Family day care home, five children or less.

Additional application requirements. A notarized statement that the proposed family day care home will comply with all applicable county and state regulations shall be required.

Additional standards. Applications to establish a family day care home shall comply with the requirements of F.S. 402.313.

Family day care homes shall only be permitted in a private residence where the homeowner or occupant resides permanently on-site.

(23)

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

The portion of the donated goods center which is open to the public shall not exceed 2,000 square feet;

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;

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 for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

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

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 the county Code, subsection 33-238(14)(c), to benefit persons within the boundaries of the county or outside of the county to provide emergency relief for victims of natural, manmade or economic disasters;

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;

A declaration of use in a form meeting with the approval of the administrative official 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;

Permanent or temporary donation bins on same property and serving the same organization shall be allowed subject to standards set forth as an accessory use in section 34-312. Said bins shall be manned at all times donations are accepted.

(24)

Flea market. In addition to requiring a special exception use approval the following standards shall also be complied with:

Minimum lot area: One acre;

Minimum lot width: 200 feet;

The site shall be at least 1,000 feet from any residential zoning district;

Distances: All principal and accessory structures shall be located at least 100 feet from any property line;

Adequate traffic facilities, such as intersection improvements, turn lanes, internal circulation lanes, acceleration lanes, signalization, etc., shall be provided to minimize the impact of the facility on adjacent public thoroughfares;

The site shall be landscaped pursuant to article XIV of this chapter. A landscape buffer at least 15 feet wide shall be provided along all property lines, with shade or flowering trees planted every 30 linear feet on center. Hedge shrubs planted within the buffer area shall have a minimum height of three feet immediately after planting;

Exterior pay phones shall not be allowed;

"No loitering" signs shall be conspicuously located on the outside walls of the structure and be visible from the view of the public right-of-way;

Ingress and egress shall be provided only from a major or minor arterial, a collector or local street segment which does not pass through a residential area;

Signage shall conform to article XVII of this chapter;

Shared parking requirements shall not be applied when calculating parking requirements for this use;

Use of raised, landscaped islands shall be installed at the end of each row of parked automobiles as a means of ensuring that the necessary sight distances will be available to drivers;

All uses shall be within an enclosed building. There shall be no temporary or permanent outside booths, tables, platforms, racks or similar display areas.

(25)

Financial institution—Banks, credit unions, investment brokerage establishments, ATM. Freestanding or drive thru ATMs islands, and drive thru banking operations shall be permitted subject to compliance with accessory structure setback requirements of the underlying district and site approval by the zoning administrator in conjunction with engineering/public works department. A separate certificate of use (CU) and business tax receipt (BTR) shall be required for ATM machines not associated with a physical banking institution on the same premises.

(26)

Sport shooting range. In addition to requiring a special exception use approval the following standards shall also be complied with:

The facility shall be designed to meet and comply with applicable federal and state laws, county, and local ordinances and guidelines.

Shall be located within an enclosed building completely air conditioned, which shall be constructed and operated in such a manner that floors, walls, backstops, and ceilings must be able to contain the sound in addition to the bullet fired and be made of acceptable engineering standards.

Facilities shall be spaced a minimum distance of 1,000 feet from any residential zoning district or residential use, as measured from the property line of the range to the residential zoning district boundary line, without regard to intervening structures or objects.

(27)

Hospital, private/public. In addition to requiring a special exception use approval the following standards shall also be complied with:

Minimum lot area. The minimum lot area shall be five acres or the minimum requirement of the district, whichever is greater.

Frontage. The minimum frontage for the lot shall be 300 feet or the requirement of the district, whichever is greater.

Density. The number of patient rooms for the hospital or medical center shall not exceed one patient room for each 1,000 square feet of lot area (43.56 patient rooms per acre).

No housekeeping. Rooms or suites of rooms shall not be designed, altered or maintained for housekeeping or family living purposes.

Food preparation. The preparation of food shall be accomplished at a central kitchen facility under the auspices of a trained nutritionist. Meals may be served to persons in their rooms.

Heliport or helipad. Accessory heliport or helipad is permitted provided the use is explicitly requested during the approval process, or approved separately by DRC review.

Incinerators. Bio-hazardous waste incinerators with an allowable operating capacity equal to or less than 1,000 pounds per hour are permitted as an accessory to a hospital use with the following supplementary use standards:

Setbacks. An incinerator use shall be set back a minimum of 500 feet from any residentially zoned or used lot. Incinerators approved prior to the effective date of this subsection shall not be considered nonconforming uses. Expansion of existing facilities may be allowed with reduced setbacks provided the expansion is reviewed and approved by the DRC.

(28)

Hospital, psychiatric. Private or public institutions or hospitals, for the care and treatment of persons who are mentally ill, must be placed at least 300 feet from any adjoining property line and not closer than 100 feet from any official right-of-way line.

(29)

Industrial use, heavy. Uses permitted under this category are required to minimize their emission of smoke, dust, fumes, glare, noise and vibration and shall be subject to the following standards:

All permitted activities, other than parking, loading and storage, shall be conducted within a completely enclosed building.

Outdoor storage shall only be permitted as an accessory use, subject to provisions of section 34-310 of this chapter.

(30)

Industrial use, light. Uses permitted under this category are subject to the following standards:

Light industrial uses shall be limited to light manufacturing operations for the distribution of products at wholesale. The determination of compatibility is based upon an absence of negative externalities (noise, glare, smoke, odor, vibration, etc.) detectable by humans at the edge of the lot containing the light industrial use.

All permitted activities, other than parking, loading and storage, shall be conducted within a completely enclosed building.

Outdoor storage shall only be permitted as an accessory use, subject to provisions of

(31)

Mobile home.

Purpose and intent. It is the purpose and intent of this subsection to provide regulations to control the use of mobile homes and to establish standards for mobile home parks which will promote the placement of parks in appropriate locations where there exist or would be provided the basic amenities and services akin to those in low- and medium-density areas, and to provide for the grouping of these mobile home units to make an efficient aesthetically pleasing use of land within the mobile home community so that a high-quality residential area will be created and maintained for the benefit of the mobile home community and adjacent properties and the public as a whole.

Limitation of use of mobile homes outside of mobile home parks. It shall be unlawful to place, store, or use mobile homes outside of approved mobile home parks, except as follows:

Temporary occupancy during construction of a residence. A mobile home may be occupied as a residence for one family only on a residential building site while a permanent single-family detached residence is being constructed thereon under the following conditions:

(i)

That a building permit has been obtained for a permanent residential building on the site on which the mobile home is to be placed.

(ii)

That the mobile home shall not be placed on such site until authorized sanitary waste facilities have been installed thereon.

(iii)

A letter shall be submitted by the holder of the building permit explaining in detail the means of financing the construction, which will assure expeditious completion, such letter to also give assurance that the trailer will be maintained and occupied on the subject premises only so long as the original building permit is in full force and effect, which shall be an additional condition of the bond hereafter mentioned.

(iv)

That the applicant give the city a cash or surety bond in the amount of $1,000.00 guaranteeing:

That the mobile home shall remain on the building site only so long as the building permit is in full force and effect, and subject to the condition that no extension of time on the building permit and no completion permit for the resident shall extend the time for maintenance of the mobile home on the property unless substantial progress has been made on the construction of a permanent residential building as evidenced by progressive required inspections having been completed within the time limit permitted.

(v)

That the mobile home will be removed from the premises upon the completion of the residential structure or when any provisions hereof have been violated.

(vi)

The wheels shall not be removed from the mobile home.

(vii)

The mobile home shall comply with chapter 19A of the county Code.

(viii)

The bond will be released by the administrative official when the mobile home is timely removed from the premises.

Watchman's quarters. A mobile home may be used as a watchman's quarters in the AU district if approved as a special exception use.

Temporary sales office. A mobile home may be used as temporary sales office subject as set forth in section 34-216.

Mobile home park, special exception use approval and permit required to establish. It shall be unlawful for any person to own, operate, maintain or permit to be operated or maintained, or to construct, increase by number of spaces or otherwise extend any mobile home park unless such person shall first obtain a permit as a result of approval of the use and of the site plan of such park after public hearing. Such park shall comply with the approved plan and the provisions of this chapter and all other applicable state and county regulations and laws in its development and maintenance. The provisions of this subsection shall not apply to legal, existing mobile home parks nor to parks approved prior to the effective date of this provision, but on which development has not commenced except as provided in section 34-62. Anything to the contrary notwithstanding, mobile homes, their porches, and other additions to mobile homes in mobile home parks in existence prior to June 25, 1971, or which have been established subsequent to said date pursuant to a vested rights determination, are permitted providing they conform to the requirements of the original approval.

Site plan details, time limit for commencement, platting.

The site to be submitted for approval at public hearing shall be complete and properly identified and drawn to scale clearly showing compliance with the standards hereinafter mentioned, including, but not limited to, the area and boundary dimensions of the mobile home park, layout and sizes of mobile home spaces (typical arrangement on larger scale of mobile home, its appurtenances, attachments and space), location of commercial and service buildings and uses, location of signs, parking spaces, streets, both private and public, walkways, open space areas of all kinds, walls, fences, garbage collection points, if any, and community storage buildings, if any, and all other buildings and structures, areas to be reserved for travel trailers, if any, entrance features and signs thereon, and including general landscaping plan showing grassed areas, and location, size and type of hedges, shrubs, trees, and other landscaping. The plan shall also include a legend listing the overall acreage, gross and net density, percentage and area of open spaces by types, number of spaces, coverage by permanent park buildings, parking spaces required and provided, and estimated total population. Mobile home parks, as evidenced by the site plan submitted, shall be arranged in an aesthetic residential manner, to be achieved by variation in street patterns, with the clustering of spaces, cul-de-sacs and curvilinear streets as suggested features, and including variation in block shapes and in the arrangement of the mobile home spaces and mobile homes thereon.

The approval of the mobile home park use and the site plan, as detailed above, shall expire within 18 months from the date of final resolution of approval unless development is commenced within that period; provided, if the commencement of development is not feasible in view of litigation involving the validity of the resolution of approval, the said 18-month period shall not begin to run until final decision of the court. This time limitation for commencement of development shall also apply to those previously approved mobile home parks, and such time limitation for those previously approved shall commence running from the effective date of this provision. For the purpose of this commencement of development shall mean site improvement, if such improvement and installation of facilities is progressively continued and completed within a reasonable time under the circumstances. If development is terminated for a period of six months the special exception and any permits issued for improvements shall be abandoned and become null and void.

The site involved with the development of the mobile home park shall be platted, such plat to include only exterior boundaries of park and all public dedications and easements.

Minimum size for mobile home park. No mobile home park site shall contain less than 30 acres, including rights-of-way, nor have a frontage of less than 660 feet on dedicated right-of-way except that these minimum requirements shall not apply to the expansion of an existing park into adjacent and contiguous lands.

Minimum size for mobile home space and limitation of occupancy. The minimum size of 80 percent of the mobile home spaces in any park shall be 45 feet in width and 90 feet in length, with variations of these dimensions being permitted if approved after special exception hearing based on site plan submitted, provided that such variations shall not reduce the area of the space below 4,050 square feet; and ten percent of the total number of spaces to be provided may not be less than 3,200 square feet and the remaining ten percent may not be less than 3,600 square feet. Only one mobile home, occupied by only one family, shall be placed on any one space.

Minimum area for common open space. A minimum of 500 net square feet shall be devoted to common open space for each mobile home space in the mobile home park. Such open space shall be comprised of playgrounds, recreation areas, landscaped parks or greenways as included in the site plan approval, but shall not include the required landscaped perimeter buffer areas, parking courts, streets, utility, service or commercial areas, or lake, lagoon and canal areas. Such common open space is to be so located that the different areas of the mobile home community will be logically and conveniently served and benefitted by such open space. The provisions of subsection (31)f of this section shall be adjusted, if desired by the applicant, in order to obtain up to 7.5 mobile home spaces per gross acre.

Minimum yard areas (setbacks) for mobile homes on mobile home space.

A setback for mobile homes of at least five feet from both sides of the mobile home space, at least seven and one-half feet from the rear line of the space, and at least 12½ feet (excluding hitch) from the front line of the space (adjacent to the access road) shall be provided; provided that any porch or other addition to the mobile home will be regarded as a part of the mobile home for the purpose of setbacks and spacing, and further provided that no mobile home or additions thereto shall be located closer than 15 feet to any other mobile home or any of its habitable additions, and ten feet from any other structure or addition.

Mobile homes, their porches and other additions to mobile homes existing prior to June 25, 1971, or which have been established subsequent to said date pursuant to subsection (31)c of this section shall comply with the following requirements:

(i)

No porch, other addition, or awning shall be constructed within ten feet of another mobile home, addition, porch, awning, or other structure or building.

(ii)

No part of a mobile home, including, but not limited to, its porch, wall, or awning column shall be closer than five feet to the limits of a mobile home site.

(iii)

In no event shall the wall or supporting columns of any additions extend more than ten feet from the limits of the mobile home to which it pertains.

(iv)

No eave, or overhang, or roof of a mobile home addition shall extend beyond the wall or column more than one foot.

(v)

No porch shall exceed eight feet in height at the eave except that this height limitation shall not prevent the use of a portable canvas shelter over the roof of the mobile home.

(vi)

Only one porch shall be permitted to a mobile home.

(vii)

A building permit shall be obtained from the city before any construction is begun on a porch addition. Accompanying the application for a building permit shall be an accurate plot plan showing size of porch and distances to mobile home site boundaries and to adjacent mobile homes, mobile home porch additions, and other structures or buildings.

(viii)

A variation to these setback provisions may be permitted if approved after a special exception hearing based on site plan submitted, these variations to permit flexibility of design and layout that will still conform to the purpose and intent of this article.

Minimum setbacks of mobile home spaces from property line of park; landscaping and maintenance of setbacks.

A minimum 25-foot landscaped buffer area shall be provided and maintained along and extending inward from the property lines of the park which are adjacent to other private property; 17½ feet along property lines adjacent to rights-of-way of less than 70 feet in planned width; and 35 feet along property lines adjacent to rights-of-way of 70 feet or more in planned width.

The buffer area shall be completely landscaped with a balanced arrangement of ground cover, shrubs, vines, hedges and trees or other landscape features such as walls, fences and berms, or a combination of any of the above items in accordance with article XIV of this chapter.

Those buffer areas adjacent to other private properties shall be designed to provide at least 75 percent visual barrier, after two years growth along the entire such property line. Buffer areas adjacent to public rights-of-way shall be designed to provide at least 50 percent visual barrier, after two years growth along the entire such property line. Plant material and other such landscape features shall be arranged in such a way so as to prevent vehicular access through, or parking in, such buffer areas. Additional requirements shall be as provided in article.

Plant materials used shall conform in definition, quality, and size when planted, to the provisions of article XIV of this chapter for each type of plant, except that trees shall be a minimum of seven feet tall by three and one-half-foot spread when planted. This minimum size tree shall be placed 75 feet on center. Additional smaller trees can be planted as part of the required landscaping.

Plants shall be spaced to provide the required visual screen within a two-year growing period.

Planting at street intersections of any vehicular or pedestrian exits shall be done in accordance with the safety standards specified in article XIV of this chapter to prevent visual obstructions along street rights-of-way.

All plant material shall be installed in accordance with good planting practices to ensure the survival and healthy growth of the plants. The buffer area shall be maintained in accordance with good landscape maintenance practices, including installation and use of sprinklers, to insure the good health and appearance of all planted material. Landscaping and trees shall be provided in accordance with article XIV of this chapter.

Utilities and services.

All mobile homes shall be connected to public water and sewer lines (unless temporary package sewage disposal plants and water treatment plants are approved by the pollution control officer and public health department). All telephone and TV cables, if any, and all electrical cables and lines shall be installed underground.

Necessary access and turnarounds with a minimum turning radius of 66 feet for firefighting, garbage and waste collection and other service vehicular equipment shall be provided. Any private dead-end access way of more than 200 feet in length shall have a cul-de-sac at the dead end with a minimum turn radius of 66 feet.

Garbage and waste collection areas shall be screened by hedges or decorative walls and shall be placed in locations as approved by the department of solid waste management for the convenience of collection and for sanitation purposes. Such requirements shall not apply to garbage receptacles at individual mobile home spaces.

Area lighting shall be designed to produce a minimum of one-tenth footcandle throughout the street system and public use areas. Potentially hazardous locations such as, but not limited to, major street intersections and steps or pedestrian ramps shall be individually illuminated with a minimum of three-tenths footcandle with no greater footcandle differential than five to one between adjacent areas.

Mobile home park firefighting equipment. Firefighting equipment, in accordance with chapter 38 of the Miami-Dade County Fire Prevention and Safety Code in number, type and location of such equipment shall be provided and maintained by the park operator.

Off-street parking. Common parking lots shall be screened by properly maintained hedges or decorative walls of a minimum height of four feet except for necessary entrances and exits.

Streets and sidewalks; widths and specifications.

Private interior roads shall have a minimum right-of-way width of 25 feet, with a minimum width of 20 feet of pavement for two-way traffic and 20-foot minimum right-of-way width with a minimum of 12 feet of pavement for one-way traffic. Roads shall be constructed to conform to county specifications for residential streets.

Off-street pedestrian and bike paths should be constructed to provide safe access to recreational and other service areas when access to such areas can only be reached by way of collector streets. These off-street pathways shall be paved with an all-weather hard-surfaced material.

Marking of mobile home spaces and streets. Each mobile home space shall be clearly marked with permanent ground corner stakes or markers. Each space shall be numbered consecutively and general park directional signs shall be placed in appropriate locations so all spaces can be located expeditiously by visitors and public service personnel.

Paved patios. Patios, where provided, shall be of concrete and shall be at least 100 square feet in area.

Provisions for storage of furniture and equipment. No outside storage shall be permitted, except lawn furniture, and if storage is made buildings shall be provided therefore. If a storage building is placed on a mobile home space it shall be of metal construction, conforming to code requirements, erected under permit and shall be placed no closer than 15 feet to any mobile home or habitable addition thereto located on another space, and ten feet from any other structure or addition.

Additions. Additions to mobile homes consisting of metal porch and patio covers, cabana rooms, screen enclosures and storage rooms shall be permitted subject to obtaining building permit and subject to such installations conforming to the applicable provisions of the Florida Building Code. Such structures shall be dismantable.

Skirting at base of mobile home unit. Skirting or other design attachments must be installed by mobile home owner and must harmonize with the architectural style of the mobile home. Decorative masonry and fencing may be permitted in lieu of skirting at the base of the unit.

Commercial and other service uses. No part of the park shall be used for commercial purposes except such uses as are required for servicing the park residents, and such uses shall be located at least 200 feet from any perimeter boundary line of the park. Such "servicing uses" may include NC type business uses, launderettes, day nurseries, and mobile home model display areas for sales or rental purposes, provided each displayed mobile home shall be on an approved individual mobile home space. Such commercial and service uses shall be established only when shown on the site plan which has been approved after public hearing. Such commercial and service uses will not require a change of zoning district, and shall be so located that the residents of the park are properly served.

Visibility clearance at intersections. The visibility at roadway intersections within the park or at entrances or exits of the park shall not be obstructed by any growth or installation. Visibility clearance shall comply with the standards of the public works department.

Placement and type of structure and buildings. No building or structure, except recreational buildings and community storage buildings which are approved as to location in the approval of the site plan, and except individually owned metal storage buildings, walls, fences, and entrance features, shall be placed within 200 feet of the perimeter boundary of the mobile home park.

Mobile home park and mobile home construction standards. All mobile homes installed after the effective date of this article shall conform to the Standard for Mobile Homes, United States of America Standards Institute, A119.1 (1969) for hurricane and windstorm resistive mobile homes in regard to materials, products, equipment, workmanship and design. In addition, the minimum requirement as to mobile home and mobile home parks as required by other applicable codes shall govern. A manufacturer's certificate shall be posted in the mobile home certifying that the requirements of USASI A119.1 (1969) have been complied with before such mobile home shall be located for occupancy in the city.

Responsibility for compliance. The owner and operator of a mobile home park shall be responsible for compliance with all applicable conditions, provision, laws and regulations affecting the mobile home park or any mobile homes or trailers parked there. The owner and operator shall notify the tenant of a space of any violations created by such tenant. If the tenant fails to correct violations existing in connection with his mobile home or mobile home space, the owner and operator shall notify the planning and zoning department of such violations and shall initiate appropriate action to have the violations corrected. Compliance with this chapter is the responsibility of the tenant, park operator and park owner.

Posting regulations in mobile home park. Owners and operators of mobile home parks shall acquaint all tenants with the provisions of this subsection and all other applicable regulations by posting suitable notice in prominent locations throughout the mobile home park concerned.

Maintenance provision. Mobile home parks shall be developed and maintained in accordance with the approved plan and in accordance with applicable conditions and regulations and shall be operated in such a manner as to not be detrimental to the adjacent properties and neighborhood and this condition shall be made a condition of the approving resolution.

(32)

Parking garages.

Shall maintain same setbacks as accessory structures.

Are exempt from a lot coverage percentage size limitation.

Shall be designed and constructed in compliance with the design standards set forth in section 34-416.

(33)

Places of assembly. Places of assembly are subject to the following standards:

Minimum lot area: Two acres.

Minimum spacing of principal building from residentially zoned property: 50 feet; 75 feet spacing from a residential building.

Minimum building size of 15,000 square feet of gross floor area required.

(34)

Farmer's market.

Permit. A valid business tax receipt (BTR) and certificate of use (CU) shall be obtained from the city in order to operate a farmer's market.

Location. Farmer's markets may only be permitted on properties developed with nonresidential uses, with minimum site area of four acres or more; the administrative official shall have sole discretion to disapprove a property for the establishment of a farmer's market if it is determined that the impacts of the use would be detrimental to the surrounding properties and not beneficial to the health and welfare of the city.

Hours. Farmer's markets shall only operate during the hours of 8:00 a.m. to 4:00 p.m. Saturdays and Sundays and legal national holidays.

Exception. City-initiated farmer's markets located on either public property or private property are exempt from the terms of this article.

(35)

Retail—Home improvement, building materials. Home improvement centers, subject to the following conditions:

A home improvement center may perform customer-requested cutting of pre-cut wood products and other products offered for sale, provided such cutting is done within the roofed area of the principal building.

Lawn, garden and pool supplies may also be stored, displayed and sold from attached areas with or without a solid roof, subject to the following limitations:

Such storage, display and sales areas does not exceed 35 percent of the home improvement center's gross building floor area; and

All such storage, display and sales areas must be enclosed by a solid masonry wall or ornamental metal picket fence or combination thereof, a minimum of eight feet in height. The items stored within these areas shall not exceed the height of the wall or metal picket fence. Openings for ingress and egress purposes, restricted to the narrowest width necessary, are permitted, subject to site plan review; and

Setbacks required for the principal building shall apply to all storage, display and sales areas; and

The rental of trucks for the convenience of customers purchasing items only shall be permitted at home improvement centers with greater than 100,000 square feet of gross floor area, subject to the following limitations:

The total number of trucks available for rental shall not exceed five;

The location of storage areas for rental trucks shall be subject to site plan review;

Storage areas for rental trucks shall not utilize any of the facility's minimum required parking spaces; and

No repairs or maintenance of rental trucks shall take place on the premises.

Loading dock facilities for the purpose of supplying the home improvement center shall be oriented away from adjacent residential zoning districts unless screened from view by a masonry wall of not less than six feet in height but not more than eight feet in height.

(36)

Microbrewery.

Microbrewery shall be permitted only in conjunction with a restaurant.

Microbrewery shall be exempt from distance requirements for sale of alcoholic beverages.

All manufacturing or processing shall be conducted completely within enclosed buildings.

No more than 75 percent of the gross floor area shall be used for the brewery function including, but not limited to, brewhouse or equivalent, laboratories, boiling and water treatment areas, bottling, canning and kegging lines, malt and milling storage, fermentation tanks, conditioning tanks and serving tanks.

No outdoor storage shall be permitted including, but not limited to, spent or used grain, portable storage units, cargo containers, tractor trailers.

(37)

Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, food hall. Subject to standards for sale of alcoholic beverages as set forth in article V and section 34-598 of this chapter. Food halls shall comply with the following extra requirements:

Food halls premises shall be comprised of three or more restaurants, which primary business is the sale of food prepared on the premises for consumption on or off the premises, where sale of liquor and/or beer and wine is entirely incidental to the principal use of selling food in accordance with article V.

Parking must be provided in accordance with article XII of this chapter. Parking may be reduced by ten percent for adaptive reuse of any building within the innovation overlay district only.

(38)

Self-service storage facility. In addition to when a special exception use approval is required, the following shall be complied with:

Unit size. Individual storage units shall be no greater than 400 square feet and an interior height not to exceed 12 feet. No business or business activity, and no wholesale or retail sales are permitted in an individual storage area within a self-service mini-warehouse storage facility.

Truck rental. Ancillary rentals of trucks other than light trucks are permitted in conjunction with a self-service mini-warehouse storage facility, providing such facility is situated on a site containing not less than two and one-half gross acres, subject to compliance with the following requirements:

That a decorative masonry wall at least eight feet in height shall enclose the rental truck storage area;

There shall be a landscaped buffer between the masonry wall and any abutting roads, which may be a hedge, and/or trees at least 48 inches high at the time of planting, or other reasonable landscape plans acceptable to the department;

That there be no rental of any truck having a net vehicle weight exceeding 12,600 pounds;

That for each 100 self-storage units or fraction thereof, there shall be no more than two rental trucks stored, e.g., one—100 units: two rental trucks; 101—200 units; four rental trucks, etc.; provided, however, no more than ten rental trucks may be stored on the premises;

That no loading or unloading of trucks is permitted outside the enclosed area and all trucks must be stored inside the enclosed area at all times; and

That there shall be no repairs or maintenance work on the rental trucks on the premises of the self-service mini-warehouse storage facility.

Use of bays. Use of storage bays shall be limited to storage of personal goods. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address in order to obtain an occupational license or other governmental permit or license to do business nor as a legal address for residential purposes. Violation of this subsection shall cause revocation of any license or permit obtained to conduct such activity.

Outside storage. Except as provided in this subsection, all property stored in the area devoted to a self-service storage facility use shall be entirely within enclosed buildings. Open storage of recreational vehicles and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met.

Location. The storage shall occur only within a designated area. The designated area shall be clearly delineated on an approved site plan.

Lot area. The storage area shall not exceed 25 percent of the lot area unless approved by the city council. In no case shall the storage area exceed 50 percent of the lot area.

Screening. The storage area shall be entirely screened from view from adjacent residential areas and public roads by a building or by installation of an eight-foot high wall. Additional landscape screening may be required by the administrative official.

Setbacks. Storage shall not occur within the area set aside for minimum building setbacks.

Boats. Pleasure boats stored on the site shall be placed and maintained upon wheeled trailers.

Dry stacking. No dry stacking of boats shall be permitted on site.

Vehicular maintenance. No vehicle maintenance, washing or repair shall be permitted in a self-storage facility.

(39)

Sewage lift or pumping station. Shall comply with the following:

Stations and accessory structures including generators in connection with such stations are required by the county water and sewer department or other service providers as a condition of service;

A landscape plan for such stations shall be submitted to and approved by the administrative official as deemed appropriate to include the following:

Hedges a minimum of three feet in height when measured immediately after planting; and

Hedges shall be planted and maintained to form a visual screen around the site within one year after the time of planting, except that openings shall be required for providing adequate ingress, egress, and maintenance to the site for the purpose of maintaining said stations and accessory structures.

All fencing is to be provided on site in accordance with the requirements of section 34-446.

(40)

Salvage yard, junkyard.

Junkyards shall be surrounded by a solid wall eight feet high, and this wall shall be of C.B.S. construction and painted and maintained in order to present a good appearance.

A landscape plan shall be submitted for approval to include appropriate hedge or plant species to be planted outside the walls at a minimum height of five feet at the time of planting. In no event shall the junk or scrap be piled higher than the wall.

(41)

Residential, single-family, detached; residential, two-family, duplex; residential, townhouse; multifamily, mixed use.

All development shall be on platted lots in accordance to article VII of this chapter.

Individual duplex and townhouse units shall be developed on individually platted lots.

Townhouse developments shall have a minimum building grouping of three units up to a maximum of six units per grouping.

Unless otherwise permitted, only use as a one-family residence shall be permitted.

Prima facie evidence of illegal multiple use or illegal subdivision of a residence. It shall be presumed that a multifamily use has been established when one or more of the following conditions are observed:

There are two or more electrical, water gas or other types of utility meters, or mailboxes on the premises.

There is evidence of a liquid propane (LP) gas tank installed in an unauthorized detached structure on the premises.

There is more than one cooking area in the primary structure.

All living areas within the dwelling are not logically interconnected.

Rooms with separate outside entrance that can be logically partitioned to be exclusive of all other living areas of the residence.

Multiple paved numbered parking spaces.

An unauthorized detached building with air conditioning, or interior cooking areas or utility meters.

There is more than one different house address unit number posted on the premises.

An advertisement indicating the availability of more than one living unit on the premises.

10.

An unpermitted exterior door.

11.

A second kitchen or facilities for cooking provided not exclusively for servant use or religious purposes.

The presumption may be rebutted by the property owner with the submission of a valid building permit of record and with a current floor plan prepared by an engineer or architect, surveying the residence and accessory structures and showing all rooms are interconnected as a single-family dwelling accompanied by a notarized affidavit from the property owner attesting that the residence or accessory structure is being maintained for single-family occupancy and/or substantiated by an interior inspection of the dwelling by a compliance officer. If the compliance officer is able to enter the interior of the property and verify its use as a single-family dwelling, and property is constructed in accordance with building permit of record, the property owner is exempt from the submission of a current plan.

If it is found that adequate evidence of an illegal multiple use or illegal subdivision of a unit has occurred it shall be considered a violation of this chapter.

Nothing contained in this section shall prevent the enforcement actions authorized by this Code independent of this subsection.

Work/live loft shall be permitted subject to the following:

The residential living area shall be incidental and subordinate to the business or workspace area

The residential living area shall not occupy more than ten percent of the workspace or business area and shall not be larger than 600 square feet, whichever is less.

Residential unit shall be accessed from inside the business. No separate outside entrance shall be permitted.

Where there are multiple businesses within a single building or structure, only one residential living area shall be permitted per business.

The residential living space shall be contained within the same structure as the workspace and must be occupied by the business operator. No portion of the unit may be rented or sold separately.

Parking must be provided in accordance with article XII of this chapter.

(42)

Urban agricultural gardens. In addition to requiring a special exception use approval the following standards shall be complied with:

Lot size. The minimum lot size shall be 10,000 square feet up to a maximum size of not to exceed two acres.

Accessory structures. Accessory structures shall be limited to 400 square feet.

Setbacks. All activities shall maintain a setback of five feet from all property lines adjacent to residentially zoned land. Accessory structures shall meet the setbacks of the underlying district.

Use. Retail or wholesale sale of vegetables or other agricultural products is prohibited.

Equipment. Use of heavy equipment shall be prohibited.

Spraying. Aerial application of fertilizer or pesticides shall be prohibited.

Parking. A minimum of four parking spaces shall be provided in accordance with article. Overnight parking shall be prohibited.

Loading. All loading and unloading activities shall be restricted the site and shall not encroach into any setbacks.

Storage. Outdoor storage shall be prohibited. Storage of all accessory equipment or products shall be contained within the accessory structure.

(42.5)

Maker space. Uses permitted under this category are subject to the following standards:

All permitted activities, other than parking, loading and storage, shall be conducted within a completely enclosed building.

Maker space may include education in the form of training sessions /showcase work.

(43)

Wireless supported service facilities, including antenna support structures. This subsection provides for the establishment of additional criteria for hearing and granting a special exception use to allow a wireless supported service facility, including antenna support structures. In considering any application for approval hereunder, the zoning appeals board shall consider the same subject to approval of a site plan or such other plans as necessary to demonstrate compliance with the standards herein.

Purpose. The purpose of this subsection is to create objective standards to regulate wireless supported service facilities, including antenna support structures. Upon demonstration at public hearing that a zoning application for a wireless supported service facility, including antenna support structures is in compliance with the standards herein and the underlying district regulations and does not contravene the enumerated public interest standards established herein, the wireless supported service facility, including any antenna support structure, shall be approved.

General standards.

The approval of the wireless support facility shall not cause the subject property to fail to comply with any portion of this chapter or the comprehensive development master plan.

The proposed antenna support structure and related equipment shall comply with the underlying zoning district standard lot coverage regulations.

The proposed antenna support structure shall not involve any outdoor lighting fixture that casts light on the adjoining parcel of land at an intensity greater than that permitted by section 34-417, unless providing safety lighting as required by FCC or FAA regulations.

A antenna support structure 100 feet in height or less, shall be setback from the property line of any existing residential dwelling, and the property line of the nearest residentially zoned property located on a contiguous or adjacent parcel of land under different ownership, a distance equal to 110 percent of the height of the antenna support structure.

An antenna support structure exceeding 100 feet in height shall be setback a minimum of 200 feet from the property line of any existing residential dwelling, and the property line of the nearest residentially zoned property located on a contiguous or adjacent parcel of land under different ownership, unless the antenna support structure itself, excluding any antennas attached thereto for the purposes of wireless communication, is otherwise substantially visually obscured by an intervening structure or landscaping (i.e., wall, building, trees etc.) in which case setback shall be equal to a minimum of 110 percent of the height of the antenna support structure.

A survey, site plan or line of sight analysis illustrating this condition shall be provided by the applicant.

The proposed wireless supported service facility shall provide adequate parking and loading and provide ingress and egress so that vehicles servicing the facility will not block vehicular and pedestrian traffic on abutting streets.

The applicant's proposed antenna support structure associated with the proposed wireless supported service facility shall be designed in such a manner that in the event of a structural failure, the failed portion of the antenna support structure shall be totally contained within the parent tract.

Proposed fences have the "unfinished" side, if any, directed inward toward the center of the leased parcel proposed for installation of the antenna support structure and related equipment.

10.

Proposed fences will be constructed of durable materials and will not be comprised of chain link or other wire mesh, unless located in an AU district.

11.

In the event a wall is used to screen the base of a non-camouflaged antenna support structure or the equipment building structure, the wall shall be articulated to avoid the appearance of a "blank wall" when viewed from the adjoining property residentially zoned and developed under different ownership. In an effort to prevent graffiti vandalism, the following options shall be utilized for walls abutting zoned or dedicated rights-of-way: The wall shall be setback two and one-half feet from the right-of-way line and the resulting setback area shall contain a continuous extensively landscaped buffer which must be maintained in a good healthy condition by the property owner, or where applicable, by the condominium, homeowners or similar association. The landscape buffer shall contain one or more of the following planting materials:

(i)

Shrubs. Shrubs shall be a minimum of three feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting.

(ii)

Hedges. Hedges shall be a minimum of three feet in height when measured immediately after planting and shall be planted and maintained to form a continuous, unbroken, solid, visual screen within one year after time of planting.

(iii)

Vines. Climbing vines shall be a minimum of 36 inches in height immediately after planting.

(iv)

Metal picket fence. Where a metal picket fence in lieu of a decorative wall, minimum landscaping in accordance with this subsection shall be required.

Health and safety standards.

The proposed wireless support service facility shall not block vehicular or pedestrian traffic on adjacent uses or properties.

The proposed wireless supported service facility shall be accessible to permit entry onto the property by fire, police and emergency services.

The proposed wireless supported service facility shall comply with any applicable the county aviation requirements.

Safe sight distance triangles are maintained pursuant to section 34-446.

Environmental standards.

The proposed antenna support structure and related equipment shall not result in the destruction of trees that have a diameter at breast height of greater than ten inches, unless the trees are among those listed in city's landscape manual as an invasive species.

The proposed wireless supported service facility shall not be located in an officially designated natural forest community.

The proposed wireless supported service facility shall not be located in an officially designated wildlife preserve.

The applicant shall submit an environmental impact study prepared by a licensed environmental firm that the proposed wireless supported service facility will not affect endangered or threatened species or designated critical habitats as determined by the Endangered Species Act of 1974; and that the facility will not have a substantial deleterious impact on wildlife or protected plant species.

The applicant shall submit a historical analysis prepared by a professional cultural specialist that the proposed wireless supported service facility shall not affect districts, sites, buildings, structures or objects of American history, architecture, archeology, engineering or culture, that are listed in the National Register of Historic Places or applicable city, county or state historic preservation regulations.

The proposed wireless supported service facility shall not be located on a Native American religious site.

Necessity standards.

The applicant shall establish that there are no available existing wireless supported service facilities or buildings within the prospective provider's search area suitable for the installation of the provider's proposed antennas due to one or more of the following circumstances:

(i)

Existing wireless supporting service facilities or buildings within the search area have insufficient structural capacity to support the proposed antennas and related equipment;

(ii)

Existing wireless supported service facilities or buildings within the search area are not of sufficient height to resolve the lack of wireless service coverage or capacity in the area intended to be served by the proposed wireless supported service facility or to cure the signal interference problem in that area;

(iii)

The proposed antenna would cause radio frequency interference or other signal interference problems with existing wireless supported service facilities or buildings, or the antenna on the existing wireless supported service facilities or buildings may cause signal interference with the provider's proposed wireless supported service facility;

(iv)

The owner of an existing building or wireless supported service facility located within the provider's search area that has existing height and structural capacity and would otherwise resolve the lack of wireless service coverage, a deficiency in capacity or signal interference problems, has rejected the provider's reasonable attempts to locate its wireless supported service facility on its building or facility; or

(v)

The applicant shall provide evidence of one or more criteria listed above with an affidavit from a radio frequency engineer, structural engineer, owner or authorized provider's representative acceptable to the planning and zoning department, as applicable. For purposes of this subsection, search area shall mean the geographic area within which the provider can demonstrate that the wireless supported service facility must be located in order to resolve the lack of wireless service coverage, a deficiency in capacity or signal interference problems.

The applicant shall demonstrate that the proposed wireless supported service facility will cure:

(i)

Signal interference problems; or

(ii)

A total lack of wireless service coverage or capacity among all providers in the area intended to be served by the proposed wireless supported service facility;

(iii)

Will allow its customers to make and maintain wireless calls on a reliable basis as defined by the provider's quality criteria; and

(iv)

The applicant shall provide information to permit independent verification of factual data relied upon by the applicant to establish subsection (41)e.2 of this section, including, but not limited to, the following:

The purpose for the proposed wireless supported service facility; and

The following technical data for the proposed wireless supported service facility and for each existing, authorized, pending and proposed adjacent facility:

Site name or other reference;

ii.

Facility latitude and longitude;

iii.

Site elevation;

For each antenna at each of the included facilities:

(i)

Height of antenna radiation center;

(ii)

Antenna type and manufacturer;

(iii)

Maximum effective radiated output power, including the maximum total power radiated from all channels;

(iv)

Azimuth of main antenna lobe; and

(v)

Beam tilt and null-fill of each antenna.

A complete up- and down-link power budget for the proposed wireless supported service facility, including any differences that may exist with the power budgets of the adjacent facilities, to ensure that all of the gain and loss factors used by the applicant are included in a verification analysis;

Complete descriptions of methodology, formulas, data presented in appropriate parameter data units (e.g., Erlangs, Watts, dBm, ft.), existing traffic studies and trend analyses if the proposed facility is intended to cure a lack of capacity, and any other information necessary for an independent engineer to verify statements concerning signal interference or lack of capacity or coverage; and

Identification of any equipment that differs from industry standards;

The applicant shall reimburse the department for fees charged to the department for independent verification of factual data relied upon by the applicant, as required pursuant to above.

Mitigation standards.

A non-camouflaged antenna support structure or equipment building shall be located so that it does not obscure, in whole or in part, an existing view to any historically designated landmark, natural area, or natural water body (i.e., river, lake, ocean) from any residentially zoned property under different ownership.

Existing landscaping, vegetation, trees, intervening buildings or permanent structures shall be utilized to the maximum extent possible to obscure the view of the non- camouflaged antenna support structure from public right-of-way or residentially zoned property.

Any proposed antenna support structure shall be designed to accommodate the collocation of at least two providers.

All new non-camouflaged antenna support structures approved at public hearing after the effective date of this subsection, when exceeding 125 feet in height, must be structurally designed to accommodate at least three providers.

To minimize visual impact in all cases, new or reconstructed antenna support structures shall:

(i)

If non-camouflaged, utilize non-reflective galvanized finish or coloration to blend in with the natural environment unless Federal Aviation Administration painting or markings are otherwise required. The part of the antenna support structure that is viewed against the sky and all antennas attached thereto shall be a single color, either light gray or similar neutral color; the part of the antenna support structure and all antennas not viewed against the sky shall also be colored to blend with its surrounding background and harmonize with the color of existing structures or vegetation, as applicable;

(ii)

Be designed to preserve all vegetation to the maximum extent feasible to mitigate visual impact and create a buffer that harmonizes with the elements and characteristics of the existing parcel on which the wireless support service facility is located and adjacent properties; and

(iii)

Shall be designed to be harmonious with the architectural elements of the surrounding structures, such as bulk, massing and scale of surrounding properties; or be designed to blend and be harmonious with the principal structure on the property on which the antenna support structure is proposed to be constructed and installed.

A camouflaged antenna support structure shall be designed as an artificial tree or to serve a purpose other than supporting antennas (i.e., lighting of sports facilities, transmission of electrical and/or telephone lines, flagpoles).

To reduce the visual impact, an antenna support structure readily observable from residentially zoned districts located within the immediate vicinity of the leased parcel shall be a camouflaged antenna support structure, unless the provider can demonstrate that an antenna support structure of a monopole type would be less visually obtrusive or would reduce proliferation of additional antenna support structures within the immediate vicinity of the search area of the leased parcel and thus reduce the cumulative visual impact caused by future additional antenna support structures in the immediate vicinity. In all cases, antenna support structures of the guyed wire or self-supporting lattice type for the purposes of providing wireless telecommunications services only, shall be prohibited within the immediate vicinity of all existing residentially zoned districts and residential structures, except that the parent tract of the application property site may contain a residential structure.

If a non-camouflaged antenna support structure cannot be readily observed from residentially zoned property located within the immediate vicinity of the leased parcel, strongest support shall be given in the following order from most preferred to least preferred antenna support structure type: existing antenna support structures, existing buildings or structures, monopole, lattice or self-supporting or, guyed wire.

The architectural design, scale, mass, color, texture and building materials of any proposed equipment building structure shall be aesthetically harmonious with that of other existing or proposed structures or buildings on the parent and leased tracts and in the immediate vicinity.

10.

The accessory wireless equipment building used in conjunction with the proposed wireless supported service facility shall be designed to mitigate visual impact and be comparable with the scale and character of the existing structures on the subject property and in the immediate vicinity, or blend into natural surrounding vegetation or buildings through the use of color, building materials, textures, fencing or landscaping to minimize visibility from or otherwise make the appearance of the accessory wireless equipment building the least visually obtrusive to adjacent uses and properties, as well as pedestrian and vehicular traffic.

11.

If an alternative site exists, or could be constructed, for the antenna support structure, that would provide substantially lesser impact upon residentially zoned districts located within the immediate vicinity of the proposed site and that would provide for a substantially equivalent level of coverage, interference or capacity mitigation as what the applicant demonstrated is necessary then the applicant shall locate the proposed facility on the alternative site.

(44)

Small wireless facility.

Purpose. It is the intent and purpose of the city to promote the public health, safety, and welfare by providing for the placement and maintenance of communications facilities in the public rights-of-way within the city; adopting and administering reasonable rules and regulations consistent with state and federal law, including, but not limited to, F.S. § 337.401, as may be amended from time to time; the Communications Act of 1934, as amended; and other state and federal laws; establishing reasonable rules and regulations necessary to manage the placement or maintenance of communications facilities in public rights-of-way by communications services providers; and minimizing disruption to the public rights-of-way.

Permit application. A permit application to place a new or replace an existing small wireless facility in public rights-of-way, as required by F.S. § 337.401(7) which may from time to time be amended and is hereby incorporated by reference, shall include the following:

The location of the proposed small wireless facility, including a description of the facilities to be installed, where the facilities are to be located, and the approximate size of the facilities that will be located in public rights-of-way;

A description of the manner in which the proposed small wireless facility will be installed (i.e. anticipated construction methods or techniques);

A maintenance of traffic plan for any disruption of the public rights-of-way, in accordance with the standards promulgated by the Florida Department of Transportation;

In order to assess the impact on right-of-way resources, effects on neighboring properties, and potential for co-locations or repurposed structures, the registrant shall provide information on the ability of the public rights-of-way to accommodate the proposed facility, including information that identifies all above-ground and below ground structures including, but not limited to, light poles, power poles, equipment boxes, antennae, and underground water, sewer, electric and gas lines currently existing in the public rights-of-way in the city within a 100-foot radius of the proposed facility, if available (such information may be provided without certification as to accuracy, to the extent obtained from other registrants with facilities in the public rights-of-way). The 100-foot distance requirement may be modified if the city manager, or designee, determines that the proposed location:

(i)

Better serves the city's interests in safe, aesthetic, efficient and effective management of the public rights-of-way; or

(ii)

Will help minimize the total number of communication facilities necessary to serve a particular area;

A timetable for construction of the project or each phase thereof, and the areas of the city that will be affected;

Whether all or any portion of the proposed facilities will be rented, hired, leased, sublet, or licensed from or to any third party and, if so, the identity, and contact information of the third party;

If appropriate, given the facility proposed, a certified estimate of the cost of restoration for the public rights-of-way, subject to approval by the city engineer or designee;

Such additional information as the city finds reasonably necessary, with respect to the placement or maintenance of the communications facility that is the subject of the permit application, to review such permit application.

Within 14 days after the date of filing an application, the city may request that the proposed location of a small wireless facility be moved to another location in the right-of-way and placed on an alternative city utility pole or support structure. The city may also request changes to the esthetics of the proposed small wireless facility so as to make the design of the facility consistent with the neighboring area surrounding the proposed facility, and to ensure that any new utility pole must be substantially similar to existing utility poles within a reasonable distance. The city and the applicant may, for up to 30 days after the date of the request, negotiate the alternative location, including any objective design standards and reasonable spacing requirements for ground-based equipment. If the alternative location cannot be agreed upon by the parties, the applicant must notify the city and the city must grant or deny the application within 90 days after the date the application was filed. The request for an alternative location, an acceptance of an alternative location, or a rejection of an alternative location must be in writing and provided by electronic mail.

Notice of transfer, sale, or assignment of assets in public rights-of-way.

If an applicant transfers, sells, or assigns its assets located in public rights-of-way incident to a transfer, sale, or assignment of the registrant's assets, the transferee, buyer, or assignee shall be obligated to comply with the terms of this section. Written notice of any such transfer, sale, or assignment shall be provided by such applicant to the city's public works department within 20 days after the effective closing date of the transfer, sale, or assignment.

The city does not have the right to approve or deny applicants' asset transfers or assignments to communications services providers operating at least one communications facility within the city, and the failure to comply with this section does not void any such asset transfer or assignment. The city reserves the right to exclude persons or entities other than communications services providers or pass-through providers from its rights-of-way. Transfers or assignments of a communications facility to persons or entities other than a communications services provider or pass-through provider who will operate at least one communications facility within the city requires compliance with this section to insure continued use of the public rights-of-way.

Permit review.

Within 14 days after receiving an application, the city will determine and notify the applicant by electronic mail whether the application is complete. If an application is deemed incomplete, the city will specifically identify the missing information and allow the applicant to submit the missing information. If the city fails to notify the applicant of deficiencies within 14 days after receiving the application, the application will be deemed complete.

The city will process all applications in the same manner. A complete application will be deemed approved if the city fails to approve or deny the application within 60 days of receipt. The application review period may be extended upon mutual agreement of the parties.

A permit issued pursuant to an approved application shall remain effective for one year unless extended by the city.

The city will notify the applicant of approval or denial by electronic mail. If the application is denied, the city shall specify in writing the basis for denial, including the specific code provisions on which the denial was based. An applicant may cure the deficiencies and resubmit the application within 30 days after notice of the denial is sent to the applicant. The city shall approve or deny the revised application within 30 days after receipt of the application shall be deemed approved.

The city may deny a proposed collocation of a small wireless facility in the public rights-of-way if the proposed collocation:

(i)

Materially interferes with the safe operation of traffic control equipment.

(ii)

Materially interferes with sight lines or clear zones for transportation, pedestrians, or public safety purposes.

(iii)

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.

(iv)

Materially fails to comply with the 2010 edition of the Florida Department of Transportation Utility Accommodation Manual.

(v)

Fails to comply with applicable codes.

Suspension of permits.

The city may suspend a permit for work in the public rights-of-way for one or more of the following reasons:

(i)

Violation of permit conditions, including conditions set forth in the permit, this division, or other applicable city ordinances, codes, or regulations governing placement or maintenance of communications facilities in public rights-of-way;

(ii)

Misrepresentation or fraud by registrant in a registration or permit application to the city;

(iii)

Failure to properly renew or ineffectiveness of the registration; or

(iv)

Failure to relocate or remove facilities as may be lawfully required by the city.

The public works director shall provide notice and an opportunity to cure any violation of subsections (1) through (4) above, each of which shall be reasonable under the circumstances.

Appeals. Final, written decisions of the public works director or designee suspending or denying a permit, denying an application for a registration, or denying an application for renewal of a registration are subject to appeal. An appeal must be filed with the public works director within 30 days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived. The code enforcement special master shall hear the appeal. The hearing shall occur within 45 days of the receipt of the appeal, unless waived by the registrant, and a written decision shall be rendered within 20 days of the hearing. If the city is the prevailing party on appeal, a $500.00 administrative fee shall be assed against the registrant. Upon correction of the grounds that gave rise to a suspension or denial, the suspension or denial shall be lifted.

Appeal of an order of the special master. An aggrieved party, including the city, may appeal a final order of a special master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the special master. Appeals shall be governed by the Florida Rules of Appellate Procedure.

Unless the findings of the special master are overturned, said findings of the special master shall be admissible in any proceeding to collect unpaid penalties.

No aggrieved party other than the city may apply to the court for relief unless such party has first exhausted the remedies provided for in this article and has taken all available steps provided in this article. It is the intention of the city that all steps provided by this article shall be taken before any application is made to the court for relief, and no application shall be made by any aggrieved party other than the city to a court for relief except from an order issued by a special master pursuant to this chapter.

(45)

Vehicle sales—Retail, new automobiles, used automobiles.

Retail vehicle sales shall only be conducted from standalone buildings whereby the dealership is the single tenant on an individually platted lot.

(46)

Vehicle sales—Wholesale dealer, online, independent dealer. Shall be permitted subject to the following requirements:

An office space devoted to perform transactions in conjunction with the business is required on the lot for all types of vehicle sales businesses.

Display of vehicles is not permitted.

Customer parking shall be provided in accordance with article XII of this chapter. Such parking shall be conspicuously posted and used for customer parking only.

(47)

Rental—Automobile only. Shall be permitted subject to the following conditions and limitations:

No fueling, vehicle service or car wash facilities or activities shall be permitted on the site.

There shall be no automobile storage other than the interim, incidental and customary parking of the rental cars. No more than ten rental vehicles shall be located on the site.

Employee and rental car parking shall be provided at the rear of the property.

Parking spaces for rental cars shall be provided in addition to the required parking for the business.

No outdoor speakers shall be permitted.

(48)

Warehouse, distribution, light production, light assembly. Shall be permitted subject to the following conditions and limitations.

Warehouse, distribution, light production, light assembly uses within the EO - Entertainment overlay district.

Shall be a minimum of 40 acres in size.

Shall not permit accessory buildings or accessory structures including, but not limited to: smokestacks; hoppers; silos; and exhaust stacks.

Shall not generate any negative externalities (noise, glare, smoke, odor, vibration, etc.) detectable on adjacent lots.

There shall be no outdoor display of products or outdoor storage of materials.

The use shall be conducted within a completely enclosed building.

New construction of warehouse, distribution, light production, light assembly uses, generally. Shall meet the following design criteria:

The use shall be contained within a visually appealing structure resembling a quality class A warehouse/distribution building and the design will focus on massing, articulation and fenestration as further described below.

Individual buildings shall vary in overall height and not be contained in a single volume of continuous height. Horizontal articulation of the building is required before the first 15 feet in height (maximum) and vertical articulation is required every 50 feet in length (maximum) in order to provide variation and architectural interest.

Building elevations shall emphasize primary entry, corners and office space by incorporating horizontal and/or vertical articulation as appropriate.

Buildings exceeding 40 feet in height shall feature moderation in the vertical surface plane. This can be accomplished through, for example, by including columns, changes in height, architectural projections and/or indentations. Vertical plane moderation shall be significant enough to produce shadow lines against the building. Color may be used to reinforce vertical plane but shall not be substitute for architectural features.

Building exterior shall provide changes of materials, including, but not limited to, stucco, reveal patterns, stone, glass, form liners, metal accents and/or panels, synthetic wood panels, concrete or aluminum eyebrows and projections, masonry veneers (i.e. brick, fieldstone, limestone, etc.), and/or pre-cast high quality synthetic veneers.

The provision of landscape and buffering shall minimize the appearance of expansive parking lots.

Loading, delivery, and refuse collection areas and associated activities should be located to the rear of buildings and screened from view from the right-of-way.

(49)

Hotels within the entertainment overlay (EO). Shall meet the following minimum standards:

Minimum of 250 rooms.

Minimum of 300 square feet per guest room, including bath.

Minimum of 10,000 total square feet of private indoor meeting space to include breakout rooms, conference rooms, training rooms, banquet rooms, convention hall, that accommodate technology such as interactive whiteboards, wireless presentation solutions, and video conferencing platforms which may be arranged in various layouts such as banquet style, U-shape style, classroom style, theater/auditorium style, boardroom style, crescent style, and huddles. This indoor meeting space is defined as areas such as a banquet hall, convention hall, or any other hall available for hire. Outdoor meeting space or event space shall not count towards the minimum private indoor meeting space.

Minimum of 2,000 square feet of usable private-semiprivate outdoor event space including, but not limited to, patio, atrium, sundeck, or rooftop area.

Indoor and outdoor spaces are considered separate categories and cannot be counted towards each other's requirements.

(50)

[Shopping Centers.] Shopping centers shall be required to:

Comply with the property maintenance provisions found in Chapter 16, Article III of the Code of Ordinances.

(Ord. No. 2010-10-218, § 2(9-20), 4-7-2010; Ord. No. 2011-02-244, § 2(App. A), 3-2-2011; Ord. No. 2011-19-261, § 5, 9-14-2011; Ord. No. 2011-25-267, Exh. B, 11-2-2011; Ord. No. 2013-07-295, § 2(Exh. A), 4-24-2013; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014; Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015; Ord. No. 2015-05-335, § 3, 5-27-2015; Ord. No. 2015-12-342, § 2, 9-23-2015; Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016; Ord. No. 2018-03-384, § 3, 2-14-2018; Ord. No. 2019-010-412, § 2(Exh. A), 7-24-2019; Ord. No. 2020-001-420, § 2(Exh. A), 1-22-2020; Ord. No. 2022-007-448, § 2(Exh. A), 3-23-2022; Ord. No. 2022-011-452, § 2, 9-14-2022; Ord. No. 2023-009-465, § 2, 9-27-2023; Ord. No. 2025-002-482, § 2(Exh. A), 1-22-2025)

Miami Gardens City Zoning Code

ARTICLE IX

GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES

Sec. 34-287.- Use regulations, generally.

(a)

(b)

(c)

(d)

(e)

(f)

Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all special exception uses require final site plan review and approval.

(g)

(h)

(i)

LEGEND

"P"

means the use is permitted in the corresponding zoning district.

"SE"

means the use is subject to special exception procedures as outlined in section 34-48 including additional application fees and approval by the city council at a noticed public hearing.

□

means the use is prohibited in the corresponding zoning district.

*(#)

Table 1: Permitted Uses
Zoning Districts/Uses	R-1	R-2	R-15 R-25 R-50	NC	BTO	PCD	EO	PACE	INN	OF	I-1	I-2	PD	AU	GP
Residential Type Uses
Adult day care center *(1)	□	□	□	P	□	P	□	□	□	P	□	□	P	□	□
Adult Family Care Home, up to 5 residents*(3)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Assisted Living Facility (ALF), up to 6 residents* (8)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Assisted Living Facility (ALF), greater than 6 residents*(9)	SE	SE	SE	SE	□	SE	□	□	□	SE	□	□	SE	□	□
Community residential home, up to 6 residents*(17)	P	P	P	□	□	□	□	□	□	□	□	□	P	□	□
Community residential home, greater than 6 residents *(18.5)	SE	SE	SE	SE	□	SE	□	□	□	SE	□	□	SE	□	□
Family day care home, 5 children or less *(22)	P	P	P	P	P	P	□	□	□	□	□	□	□	□	□
Farm worker housing	□	□	□	□	□	□	□	□	□	□	□	□	□	SE	□
Halfway house	□	□	□	SE	□	SE	□	□	□	SE	□	□	□	□	□
Hotels, Motels, Lodging*(49)	□	□	□	□	□	P	P	P	P	□	P	P	P	□	□
Work/Live loft (41)									P
Mobile home*(31)	□	□	□	□	□	□	□	□	□	□	□	□	P	□	□
Nursing Home	□	□	□	P	□	P	□	□	□	P	□	□	P	□	□
Residential—Mixed-use residential*(41)	□	□	□	□	□	P	P	P	□	□	□	□	P	□	□
Residential—Multifamily residential*(41)	□	□	P	□	□	P	P	P	□	□	□	□	P	□	□
Residential—Single-family-detached residential*(41)	P	□	P	□	P	□	□	□	□	□	□	□	P	□	□
Residential—Townhouse*(41)	□	□	P	□	□	□	SE	SE	□	□	□	□	P	□	□
Residential—Two-family duplex *(41)	□	P	□	□	□	□	□	□	□	□	□	□	□	□	□
Shelter	□	□	□	□	□	SE	□	□	□	□	□	□	□	□	□
Public and Institutional Type Uses
Airport, airfield, heliport, related uses—Public, private*(4)	□	□	□	□	□	□	□	□	□	□	□	□	P	□	P
Community centers	□	□	□	P	P	P	P	P	□	□	□	□	P	□	P
Cultural and civic facilities—Libraries, museums	□	□	□	P	P	P	P	P	□	□	□	□	P	□	P
Detention facility	□	□	□	□	□	□	□	□	□	□	□	□		□	P
Educational and child care facilities—Non-public *(20)	□	□	□	□	□	P	□	□	P	□	P	P	P	□	P
Educational facilities—College or university—Private; main campus*(21)	□	□	□	□	□	SE	□	□	SE	SE	SE	SE	P	□	P
Educational facilities—Public, including charter school	P	P	P	P	P	P	□	□	P	P	P	P	P	P	P
Educational facilities—Technical, vocational, specialty—Non- public	□	□	□	P	□	P	□	□	P	P	P	P	P	□	P
Government facilities, including administrative, support and service	□	□	□	□	□	□	P	P	□	□	□	□	P	□	P
Hospital—Private, public *(27)	□	□	□	□	□	SE	□	□	□	□	□	□	P	□	P
Hospital—Psychiatric *(28)	□	□	□	□	□	SE	□	□	□	□	□	□	SE	□	SE
Public parks and recreational facilities	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Public safety facility	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Sewage lift or pumping station*(39)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Solid waste transfer station	□	□	□	□	□	□	□	□	P	□	P	P	□		P
Transit station	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Utilities and related facilities	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Water plant, waste water plant	□	□	□	□	□	□	□	□	□	□	□	□	□	□	P
Vehicle Related Commercial Type Uses
Car wash—Enclosed*(11)	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Car wash—Outside, hand wash*(12)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Car wash—Mobile*(13)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Parking garage, lot—Commercial* (32)	□	□	□	□	□	P	P	P	P	P	P	P	P	□	P
Car rental—Automobile only *(47)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Rental—Truck and other vehicles	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Bus charter service, passenger bus terminal	□	□	□	□	□	SE	□	□	SE	□	SE	SE	SE	□	P
Vehicle fueling stations and sales	□	□	□	SE	□	SE	□	□	SE	□	SE	SE	□	□	□
Vehicle major repair—Mechanical, body vehicle towing service	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Vehicle minor repair—Maintenance, service	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle—Parts sales and installation	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle—Parts sales, retail	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle sales—Retail, new automobiles*(45)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Vehicle sales—Retail, used automobiles*(45)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Vehicle sales—Wholesale dealer, online independent dealer *(46)				P	□	P	□	□	P	P	P	P	□	□	□
Recreation, Entertainment Type Uses
Amusement parks, stadiums, arenas*(5)	□	□	□	□	□	□	P	P	□	□	□	□	P	□	□
Arcade, video games, electronic gaming	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Casino gaming facility	□	□	□	□	□	□	P	P		□	□	□		□	□
Miniature golf, driving range	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Sport shooting range (indoor) *(26)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Race track—Horse	□	□	□	□	□	□	P	P	□	□	□	□		□	□
Sports fields, batting cages, basketball courts, racket ball courts, sporting activities, bowling alleys—Indoor	□	□	□	P	□	P	P	P	P	□	P	P	P	□	P
Sports fields, batting cages, basketball courts, racket ball courts, sporting activities—Outdoor	□	□	□	SE	□	SE	P	P	P	□	P	P	P	SE	P
Restaurant, Food and Beverage Service Type Uses
Adult entertainment establishment*(2)	□	□	□	□	□	□	□	□	□	□	P	P	□	□	□
Bar/lounge, wine tasting room *(10)	□	□	□	□	□	P	P	P	□	□	□	□	□	□	□
Box lunches, distribution*(14)					□				P		P	P
Catering service*(15)	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Nightclub, discotheque, club, cabarets	□	□	□	□	□	SE	P	P	□	□	SE	SE	□	□	□
Restaurant—Sports, amusement, coffee/sandwich shop, cafeteria, outdoor café, food hall*(37)	□	□	□	P	P	P	P	P	P	P	P	P	P	P	□
Microbrewery*(36)	□	□	□	□	□	SE	P	P	P	□	P	P	□	□	□
Places of Assembly Type Uses*(33)
Auction house—Indoor*(33)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Banquet hall*(33)	□	□	□	SE	P	SE	SE	SE	SE	□	SE	SE	□	□	□
Funeral homes*(33)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Place of religious assembly*(33)	□	□	□	P	P	P	P	P	P	□	P	P	□	□	□
Private clubs, not public*(33)	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Theater (movie, performing arts) *(33)	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Commercial Type Uses
Convenience store*(18)	□	□	□	P	□	P	□	□	P	□	P	P		□	□
Donated goods center—New/used*(23)	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Drug, pharmacy store *(19)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Flea market*(24)	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	□	□
Food specialty store	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Grocery store	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Liquor package store	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Pawn shop	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	□	□
Greenhouse, plant nursery, retail or wholesale	□	□	□	SE	P	SE	□	□	P	□	P	P	□	P	□
Retail—Big box, club membership, department	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Retail—General, single use	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Retail sales discount—Less than 12,000 square feet that offer for sale a combination and variety of convenience shopping goods and consumer shopping goods/except for alcoholic beverages and continuously offer a majority of the items in their inventory for sale at a price less than $10.00 per item	□	□	□	SE	□	SE	□	□	SE	□	SE	SE	□	□	□
Retail—Home improvement, building materials* (35)	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Secondhand merchandise store/consignment store	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Smoke shop/vape shop	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	□	□
Office Type Uses
Call center	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Office—Business, sales, professional, semi-professional services	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Office—Medical office/medical clinic	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Service Type Uses
Animal grooming and pet sitting—indoor	□	□	□	P	P	P	□	□	P	P	P	P	□	P	□
Animal hospital/veterinarian clinic*(6)	□	□	□	P	□	P	SE	SE	P	P	P	P	□	P	□
Animal kennel—Commercial boarding dog training facility* (7)	□	□	□	□	□	SE	□	□	SE	□	SE	SE	□	P	□
Animal shelters	□	□	□	□	□	SE	□	□	P	□	P	P	□	P	□
Blood banks, diagnostic medical treatment centers	□	□	□	P	□	P	□	□	P	P	P	P	□	□	□
Check cashing, bill payments	□	□	□	P	□	P	□	□	P	P	P	P	□	□	□
Copy, printing center	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Cosmetic surgery, beauty clinics	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Customer service center	□	□	□	P	□	P	P	P	P	P	P	P	□	□	□
Dry cleaning	□	□	□	P	□	P	P	P	P	□	P	P	□	□	□
Equipment and tool rental	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Financial institution - banks, credit unions, investment brokerage establishments, ATM*(25)	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Health club, fitness club	□	□	□	P	□	P	P	P	P	□	P	P	P	□	□
Laundromat, self-service	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Package shipping, mail service	□	□	□	P	P	P	P	P	P	P	P	P	P	□	P
Personal care services	□	□	□	P	P	P	P	P	P	P	P	P	P	□	□
Repair and service shop—General merchandise	□	□	□	P	□	P	□	□	P	□	P	P	□	□	□
Self-service storage facility *(38)	□	□	□	□	□	SE	□	□	P	□	P	P	□	□	□
Studios—Photographic, and instructional	□	□	□	P	□	P	P	P	P	P	P	P	P	□	□
Tattoo parlor, body piercing	□	□	□	□	□	P	□	□	P	□	P	P	□	□	□
Other Uses
Cemetery, mausoleums, crematory*(16)	□	□	□	□	□	□	□	□	SE	□	SE	SE	□	SE	□
Small wireless facility*(44)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Wireless antennas and support services*(43)	SE	SE	SE	SE	□	SE	SE	SE	P	SE	P	P	SE	SE	P
Industrial Type Uses
Warehouse, distribution center, light production, light assembly*(48)	□	□	□	□	□	□	SE	SE	P	□	P	P	□	□	□
Dry cleaning—Commercial laundry plant	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Industrial uses—Heavy*(29)	□	□	□	□	□	□	□	□	□	□	□	P	□	□	□
Industrial uses—Light,*(30)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Laboratory—Medical, research, testing	□	□	□	□	□	□	SE	SE	P	□	P	P	□	□	□
Maker space(43)									P		P	P			P
Radio and TV studio, music production, movie studio	□	□	□	SE	□	SE	SE	SE	P	□	P	P	□	P	P
Recycling facility, refuse disposal	□	□	□	□	□	□	□	□	P	□	P	P	□	□	P
Salvage yard, junkyard*(40)	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Showrooms, retail sales	□	□	□	P	□	P	P	P	P	□	P	P		□	□
Showrooms, wholesale sales	□	□	□	□	□	□	□	□	P	□	P	P		□	□
Wholesale fireworks and wholesale or retail sparklers in accordance with F.S. § 791.04 and F.S. § 791.015	□	□	□	□	□	□	□	□	P	□	P	P	□	□	□
Agricultural Type Uses
Farms—Produce, livestock	□	□	□	□	□	□	□	□	P	□	□	□	□	P	□
Farmer's market*(34)	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P

Urban agricultural gardens*(42)	SE	SE	SE	SE	SE	SE	SE	SE	□	SE	□	□	P	P	P