(a)

Required; definitions of parking space. Permanently maintained off-street parking for vehicles shall be provided in connection with any building or premises used or designed to be used for the purposes set forth in this article, except as specifically provided elsewhere in this article. Parking spaces on private roadways shall not be credited towards required parking. For the purpose of this article, each parking space shall be a minimum of eight and one-half by 18 feet with the following exceptions:

(1)

Where parking spaces for the handicapped are to be provided, they shall be a minimum of 18 feet long and the width and quality shall be in accordance with the Florida Building Code.

(2)

Parking stall and aisle dimensions shall conform to the charts entitled "Minimum Parking Stall Dimension" and "Striping Detail" hereby incorporated as part of this section.

MINIMUM PARKING STALL DIMENSIONS (IN FEET)
AT VARIOUS ANGLES (8.5' x 18')

***Driveways where there is no parking on either side shall be a minimum of 20 feet in width for two-way traffic and 14 feet for one-way traffic. Access drives between the paved portion of the right-of-way and the property line shall comply with the Miami-Dade County Public Works Manual.

For parallel parking minimum widths and length are 8.0' x 23.0'.

(3)

For all occupancies other than residential, the parking spaces shall be marked with double striping on each side of the space to identify and facilitate their use. All striping shall be of a color (typically white) contrasting with the pavement. Dimension requirements, as noted elsewhere, shall be measured to the center point of the double stripe, as shown on the "striping detail" hereby incorporated as part of this section. Notwithstanding the above provisions and striping details, where striping is required for residential users, not less than a single four-inch stripe shall be provided, with parking stall dimensions to be measured to the center line of the strip. In all instances, adequate interior driveways and ingress and egress driveways shall be provided to connect all parking spaces with a public right-of-way or alley. Where a parking space heads into and abuts a walkway, the paved 18-foot length shall be provided a wheel-stop or curb at 16 feet in order to prevent extension of the vehicle over any portion of the provided walkway width. Required and surplus parking shall comply with these provisions and such parking shall not be placed in dedicated or official rights-of-way, except as specifically provided elsewhere in this article.

(b)

Parking spaces for persons transporting young children and strollers. Parking spaces specifically designed for persons transporting young children under the age of three and strollers, shall be required for all uses other than single-family, duplex, townhouse or multifamily; provided, however, industrial zoned properties shall not be required to comply with this section. Such baby stroller parking spaces shall be provided as follows:

(1)

Quality of specially designated parking spaces:

(2)

Location of parking spaces. Such spaces shall be located as closely as possible to parking spaces designated for the physically handicapped and/or disabled persons; provided, however, parking spaces designated for the physically handicapped and/or disabled persons shall take precedence. Where no parking spaces designated for the physically handicapped and/or disabled persons have been provided, parking spaces for persons transporting young children and strollers shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance.

(3)

Signage and markings. All parking spaces for persons transporting young children and strollers shall be prominently outlined with green paint and posted with an approved permanent aboveground sign which shall conform to the figure entitled "Baby Stroller Parking Sign" hereby incorporated in this section. The bottom of the sign must be at least five feet above grade when attached to a building, or seven feet above grade for a detached sign.

(4)

All property owners who are required by this section to provide parking spaces for persons transporting young children and strollers shall provide such parking spaces by June 7, 1996. In no event shall the number of parking spaces for the physically handicapped and/or disabled be reduced below the quantity required by the Florida Building Code.

(c)

Requirement of bicycle racks or other means of storage. Racks or other means of storage that can secure at least four bicycles shall be required for all park, shopping center, office and restaurant uses with parking lots, as follows:

(1)

Quantity of bicycle parking spaces required.

(2)

Other uses. All other uses, other than airport or seaport terminals, single-family, duplex or townhouse which are exempt, shall provide racks or other means of storage as provided herein only where their total parking lot has 101 or more spaces.

(3)

Location and design of bicycle parking spaces; requirements.

a.

The bicycle parking spaces shall be located near the entrances to the building.

b.

At buildings and shopping centers that have multiple parking lots, the bicycle parking spaces should be installed near the entrances to the buildings served by the lots.

c.

The bicycle parking spaces should be in a highly visible, well lighted location that provides enough clear space to facilitate easy use and does not impede pedestrian traffic or handicap accessibility.

d.

The parking spaces may not be placed in the County or Town maintained right-of-way.

e.

The design of the bicycle rack should permit the locking of the frame and at least one wheel with a standard size "U" lock and accommodate the typical range of bicycle sizes.

f.

The bicycle rack must resist removal, resist rust, corrosion and vandalism, and must be properly maintained.

(4)

Other forms of storage. At the owner's option, bicycle parking may also be installed in the form of storage rooms, lockers or cages.

(5)

Signage and markings. All bicycle parking spaces shall be posted with a permanent and properly maintained above-ground sign which shall conform to the figure entitled "Secured Bicycle Parking" hereby incorporated in this section. The bottom of the sign must be at least five feet above grade when attached to a building, which may not be installed in the County maintained right-of-way. No permit shall be required for such signs.

(6)

Application to existing uses. All property owners of existing establishments that are required by this section to provide bicycle parking spaces shall comply within one year from the effective date of the ordinance from which this section derives and shall be responsible to maintain such facilities. Existing multifamily uses are exempt from this subsection.

(d)

Litter containers.

(1)

All shopping centers, strip malls, grocery stores, restaurants or commercial establishments that sell takeout beverages or food must provide a litter container near every entrance and at every 100 feet along any established pedestrian walkway within the footprint of such property.

(2)

Litter containers shall be well designed and secured in a manner that will cause them to remain stationary where placed. They shall be maintained free of graffiti and overflow trash.

(3)

Containers shall not interfere with access for the general pedestrian public or for people with disabilities. The definitions contained in the Americans with Disabilities Act Accessibility Guidelines shall control the placement of the containers.

(e)

Approval of plan before issuance of permits. Prior to the issuance of any building, paving, grading and leveling or other permits, a suitable sketch must be presented to the Department indicating the parking layout drainage on the premises and indicating all driveways extending beyond the property line into the public right-of-way. The drainage plan for the premises shall meet with the approval of the Department of Public Works. The driveway plan must meet with the approval of the Director and the Director of the Public Works Department on all roads and in approving or rejecting the plan, the Directors shall determine that their decision is in the interest of public safety and welfare, taking into consideration the volume of traffic to be generated, its pattern and conflict with the adjacent road traffic; the number of driveways proposed and their proximity to others in the area; location and proximity of median cuts; visual clearances or obstructions at the driveways; angle and location of driveway and its intersection with the road; elevation of the driveway in reference to the road, and any other factors that may affect the safety and welfare of the public. In addition all driveways extending into State roads shall meet with the approval of the State and Department.

(f)

Standards. Off-street parking shall be provided in accordance with the following minimum standards:

(1)

Dwellings:

a.

Single-family dwellings not specifically referenced elsewhere in this section shall be provided two parking spaces. Paving of said spaces shall not be required.

b.

Two-, three-, and four-unit dwellings shall be provided two parking spaces per unit.

c.

Townhouses shall be provided a minimum of two off-street parking spaces per townhouse unit. Such parking spaces may be provided on the lot of the townhouses or in a commonly owned and maintained off-street parking bay or facility; provided, that no parking space shall be more than 150 feet, by the most direct pedestrian route, from the door of the townhouse to the parking space it is intended to serve.

1.

Each townhouse site shall have its own off-street parking area and driveway thereto where on-site off-street parking is to be provided. In addition to the above-required resident's off-street parking spaces, a minimum of 0.25 visitors parking spaces per townhouse shall be provided in a convenient commonly owned and maintained off-street parking bay or facility. Individual garages shall not be credited towards the parking requirement.

d.

Cluster communities shall have two and one-quarter parking spaces provided for each dwelling unit either on the individually owned lot(s) or on common property. Tandem parking is permitted only on individual lots and in the driveways connecting such lots with the adjacent roads provided said driveways are for the exclusive use of each individual lot; however, tandem parking shall be limited to no more than one such tandem parking space for each individual lot. Individual garages shall not be credited towards the parking requirement.

e.

Zero lot line communities shall have a minimum of two off-street parking spaces provided on each platted lot.

1.

In addition, zero lot line communities shall provide one guest parking space for every four dwelling units for all projects, except for those developed on public streets.

2.

Tandem parking is permitted only on individual lots and in the driveways connecting such lots with the adjacent roads; provided, said driveways are for the exclusive use of each individual lot; however, tandem parking shall be limited to no more than one such tandem parking space for each individual lot. Individual garages shall not be credited towards the parking requirement.

f.

Five or more unit apartment buildings or apartment hotels:

1.

One and one-half parking spaces for each guest room, efficiency, or one-bedroom unit.

2.

One and three-quarters parking spaces for each two-bedroom unit.

3.

Two parking spaces for each three- or more bedroom unit.

g.

A minimum of two off-street parking spaces shall be provided for each mobile home space, both such parking spaces may be on the mobile home space, and each of the same shall be hard surfaced, or one or both parking spaces may be in a common parking court, such courts, where provided, to be installed throughout the park to conveniently serve the inhabitants in different areas of the park, and such courts shall be hard surfaced.

(2)

Hotels, rooming houses. At least one parking space for each of the first 40 individual guest rooms or suites; one additional parking space for every two guest rooms or suites thereafter. Public meeting rooms in hotels shall be further controlled as to parking by Subsection (e) of this section and by Subsection (k) where the meeting room does not contain permanent seats; and restaurants by Subsection (i) and (j). In addition, one parking space shall be provided for each four employees.

(3)

Motels, tourist courts and transient accommodations. One parking space for each individual sleeping room or bedroom.

(4)

Churches. At least one parking space for each 50 square feet or fractional part thereof of the seating area in the main auditorium (sanctuary), including adjacent areas which may be used as part of the auditorium.

(5)

Reserved.

(6)

Hospitals. At least one parking space for each of the first 300 beds and one additional parking space for every two additional beds thereafter for patients contained in such building, plus one parking space for each three employees and resident staff members.

(7)

Sanitariums, convalescent homes, homes for the aged and similar institutions. At least one parking space for each two beds for patients contained in such buildings, plus one parking space for each two employees.

(8)

Commercial:

a.

Retail—Food or grocery stores, drug and sundry stores, department stores, membership warehouses, retail stores, retail stores similar to the foregoing, banks, post offices, mortuaries, funeral homes, waiting rooms stations for common carriers and shopping centers shall be provided parking at a rate of one parking space for each and every 250 square feet of the gross floor area or fractional part thereof. All retail uses within enclosed malls in excess of 300,000 square feet shall provide parking at the rate of one parking space for each and every 350 square feet of the gross floor area or fractional part thereof, excluding theaters, restaurants and food courts which shall provide parking as delineated in this section.

b.

Auto dealership showrooms, garage and gas station bay areas, and similar uses shall be provided three parking spaces for the first 2,500 square feet of floor area, or fractional part thereof, and one parking space for each additional 500 square feet of gross floor area, or fractional part thereof, plus three parking spaces for each 5,000 square feet, or fractional part thereof, of open lot area. Office and retail parts areas shall be provided parking spaces as otherwise contained in this article. Customer and employee parking shall be labeled as such.

c.

Furniture showrooms shall be provided three parking spaces for the first 2,500 square feet of gross floor area, or fractional part thereof, and one parking space for each additional 500 square feet of gross floor area or fractional part thereof. When such a use is located within any BU District, the site plan submitted to the Department shall illustrate future parking spaces based on a calculation of one parking space for each 250 square feet of gross floor area or fractional part thereof, which shall be provided in the event the furniture use is discontinued. The lot area reserved for future parking spaces shall remain unencumbered with any structures and shall be landscaped. However, this landscaped area shall not be credited toward the minimum required open space. Prior to the issuance of a certificate of use and occupancy for any use other than a furniture store, the property owner must provide the required number of parking spaces for the intended use as provided elsewhere in the article.

d.

Plant nurseries shall have parking provided at a rate of eight spaces for the first acre, or fractional part thereof, and one parking space for each two acres thereafter up to ten acres. one additional parking space shall be provided for each five acres or portion thereof thereafter.

e.

Packing plants shall have parking provided at a rate of one parking space for each 1,000 square feet of gross floor area, or fractional part thereof.

f.

Open lot commercial uses such as, but not limited to, used care lots, storage yards and recreational vehicle sales lots shall be provided five off-street parking spaces for the first 5,000 square feet of net lot area, or fractional part thereof and one parking space for each additional 500 square feet of net lot area so used. These spaces shall be reserved for customer and employee parking only, and shall be labeled as such.

g.

Self-service gas station/mini-marts shall be provided one parking space for each 250 square feet of gross floor area or fractional part thereof, with a minimum of three spaces which shall be designed so as not to interfere with the dispensing operation.

h.

Wholesale showrooms in the industrial districts shall be provided one parking space for each 600 square feet of showroom area, or fractional part thereof.

i.

All commercial uses not identified in Subsections a. through g., above, shall be provided three parking spaces for the first 2,500 square feet of gross floor area, or fractional part thereof, and one parking space for each and every additional 500 square feet of gross floor area, or fractional part thereof.

(9)

Restaurants, lounges, night clubs, or similar places dispensing food, drink or refreshments.

a.

Table service establishments shall be provided one parking space for each 50 square feet of floor area, or fractional part thereof devoted to patron use.

b.

Take-out establishments shall be provided one parking space for each 250 square feet of gross floor area, or fractional part thereof.

(10)

Reserved.

(11)

Recreational and entertainment use:

a.

Art galleries, amusement centers, cultural centers, libraries and museums shall be provided one parking space for each 250 square feet of gross floor area, or fractional part thereof.

b.

Banquet halls, bingo halls, convention halls and private clubs shall be provided one parking space for each 100 square feet of patron area, or fractional part thereof.

c.

Bowling alleys, skating rinks, and indoor gun ranges shall be provided one parking space per 250 square feet of gross floor area, or fractional part thereof. Office, retail, restaurant and other areas in conjunction therewith shall have parking spaces provided as otherwise contained in this article.

d.

Dance, karate, and aerobics schools, and health/exercise studios shall be provided one parking space for each 100 square feet of classroom area, or fractional part thereof. Office, retail, and restaurant areas in conjunction therewith shall have parking spaces provided as otherwise contained in this article.

e.

Golf courses shall be provided three parking spaces per hole plus three additional spaces. Office, retail, restaurant and other areas in conjunction therewith shall have parking provided as otherwise contained in this article.

f.

Live-aboard marinas shall be provided one parking space per boat slip.

g.

Non-live-aboard marinas shall be provided one parking space for each two boat slips.

h.

Boats stored in racks shall be provided one parking space for each three boat racks.

i.

Stadiums and basketball gymnasiums shall be provided at least one parking space for each four seats.

j.

Commercial tennis and racquetball clubs shall be provided four parking spaces per court. Office, retail, and restaurant areas in conjunction therewith shall have parking provided as otherwise contained in this article.

k.

Theaters, including movie theaters, and general auditoriums shall be provided one parking space for each 100 square feet of auditorium seating area or fractional part thereof.

l.

Open lot recreational use parking requirements shall be determined by the Director and such requirements shall be based on the number of people that can reasonably be expected to be on such premises at one time. Said determination shall be calculated on a basis of one parking space for each four persons.

(12)

Schools.

a.

Day nurseries, kindergarten and elementary schools: Total parking spaces shall equal the combined total of personnel and transportation vehicles.

b.

Junior high [schools]: Total parking spaces shall equal one and one-quarter times the combined total of personnel and transportation vehicles.

c.

High schools, trade schools and colleges: One parking space per 200 square feet of classroom area, including laboratories, libraries and administrative areas. Housing facilities on college campuses must provide off-street parking of two spaces for each three sleeping rooms. Other such uses, such as restaurants, auditoriums, theaters, etc., shall provide parking as required in this section for such uses. In addition, in connection with the foregoing schools, one parking space shall be required for each four employees, excluding teachers.

In connection with the foregoing school use, parking required for church use may be credited toward parking requirements for school use, where the same are operated by the same ownership and on the same property.

The applicant shall submit information substantiating the personnel and vehicle figures used for computing the above parking requirements.

(13)

Office, professional building or similar uses. One parking space for each 300 square feet of gross floor area of such building or fractional part thereof.

(14)

Industrial.

a.

For a warehouse building, one parking space shall be provided for each 1,000 square feet of gross floor area in the building up to 10,000 square feet and then one space for each 2,000 square feet of gross warehouse floor area thereafter. Office, retail and wholesale showroom areas provided in conjunction with the industrial use shall have parking spaces provided for such areas as otherwise contained in this article. Regardless of the intended mix of use, a minimum of two parking spaces shall be provided for each bay in the building. In determining the number of bays, the Director shall take into account the possibility of partitioning the building into multiple units, the number and location of bathrooms, the number and location of overhead or other door openings, the layout of electrical circuits and air conditioning units, etc. In determining the number of spaces to be provided, the formula requiring the greatest number of parking spaces shall be applied.

b.

Where open lot or walled-in uses only are involved, such as salvage yards, batching plants, precast or prestressed concrete products, or the like, two parking spaces for each 5,000 square feet of lot area shall be provided, or one space for each two employees shall be provided, whichever requires the greater number of parking spaces. Such parking spaces shall be located no farther than 1,500 feet from the industrial use in question. Such noncontiguous property to be used for parking must be located in BU-1A, BU-2, BU-3 or an industrial district.

c.

The ownership of the parking area shall be the same as that of the individual site which it is to serve. Before any permit for industrial use may be obtained, which under this chapter requires additional and separate parking areas, the owner of the industrial site shall cause to be recorded an agreement to the effect that the ownership of the industrial site and of the separate parking area shall remain the same until the regulations are amended eliminating the need for such separate parking area.

d.

Prior to the issuance of a building permit for the erection of a new structure or building, or for an addition thereto, either of which is to be used for industrial purposes, or prior to the issuance of a certificate of use and occupancy for a different use of an existing industrial structure or building, the applicant shall complete and execute a form prescribed by the Director which shall, among other things, provide the necessary information upon which the required off-street parking may be determined; and the applicant shall therein acknowledge that such information is submitted for such determination; and in the event of a change in use or additional use is contemplated, such additional off-street parking as may be required by this chapter, if any, must be furnished prior to such use change or additional use.

(15)

Housing for low and/or moderate income for the elderly and/or handicapped.

a.

For any apartment building exceeding four units, 0.50 parking space shall be provided for each dwelling unit in the apartment building.

b.

Provisions of this chapter concerned with the requirements for lot coverage and open space shall remain enforced under this section. The lot area not used as a result of the decrease in parking spaces as required under Section 33-124(a) [Subsection (f)(1)] shall remain as open space and shall be landscaped or used for recreational purposes. Said open space shall be in addition to the open space requirements of the Code. The site plan submitted to the Department shall illustrate future parking spaces if the present parking requirements are in-adequate pursuant to Subsection c., herein.

c.

If it is determined by the Department at the time of annual renewal of certificate of occupancy that the parking reduction of 0.50 space per unit does not allow adequate parking for the apartment building, the owner must increase the number of parking spaces to fulfill the needs as determined by the Director.

d.

For the purposes of this section only, housing for low and/or moderate income elderly and/or handicapped shall be defined as publicly owned or nonprofit sponsored and owned housing for the elderly or handicapped developed and financially assisted under the United States Housing Act of 1937, as amended.

(16)

Self-service storage facilities.

a.

Self-service storage facilities shall be defined as fully enclosed spaces used for warehousing which contain individual storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. No wholesale or retail sales are permitted.

b.

In self-service storage facilities, off-street parking shall be provided on the following basis: one parking space per 5,000 square feet of building area for the first 20,000 square feet of building; one parking space per 10,000 square feet (or fraction thereof) of building area thereafter; and one parking space for the manager's apartment, where provided. One parking space per 400 square feet of gross office area (or fraction thereof) shall also be provided. In the application of these regulations, a minimum number of five off-street parking spaces shall be provided for any self-service storage facility regardless of size.

(g)

Parking area on application for building permit. Applications for building or use permits shall indicate the area to be used for parking and permits shall be issued stating that such area shall be so reserved and developed. Recordable restrictions so reserving such area may be required at the discretion of the Director. Such area reserved for parking area will be marked on the zoning maps and no permits for additional use of such area shall be issued. Area reserved for parking in connection with any use shall be under the same ownership as that of the use itself.

(h)

Surface of parking areas.

(1)

In the AU, RU-1 and RU-2 Districts the area reserved for off-street parking shall be either graveled, mulched or hard-surfaced. In all other zones it shall be hard-surfaced. Where the parking area is hard-surfaced, the same shall consist of a good rolled rock base, well tamped and topped with oil and sand or with asphalt or surfaced with concrete. Occupancy of a given structure or premises shall be prohibited until the required parking area has been improved, inspected and approved.

(2)

In all other districts, all off-street parking areas shall be surfaced with a minimum of a rolled six-inch rock base and a one-inch durable weatherproof asphaltic pavement. The occupancy or use of a given structure or premises shall be prohibited until the required off-street parking area has been improved, inspected and approved.

(3)

All required off-street parking areas shall be properly drained so that no nuisance will be caused to adjacent or nearby properties. All construction shall comply with design standards as established by all applicable laws, ordinances and regulations.

(4)

All required off-street parking areas shall be maintained in good repair and shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin.

(i)

Landscaping and open space requirements.

(1)

All parking areas shall comply with the requirements for landscaping, including, but not limited to, buffers and open space requirements contained elsewhere this Code.

(2)

In addition to the minimum open space requirements for the individual zoning district contained elsewhere in this Code, all parking lots shall include ten square feet of open landscaped space area per parking space dispersed throughout the parking lot and exclusive of required parking lot buffers.

(j)

Districts where parking area permitted between setback line and right-of-way.

(1)

No parking areas including driveways except for minimum ingress and egress drives in the RU, EU, AU and GU Districts shall be located closer than 25 feet to an official right-of-way except parking areas for single-family, two-family, three- and four-unit apartment uses.

(2)

In the RU-1 and RU-2 Districts, front, rear, and side street setback areas may be used for off-street parking if said area is of sufficient depth to permit the parking of vehicles. Parking in the BU Districts shall be permitted between the required setback line and the official right-of-way line, providing a continuous, extensively planted greenbelt of not less than five feet shall be placed along all property lines abutting said official right-of-way line. Parking in the IU-1, IU-2 and IU-3 Districts shall be permitted between the required setback line and the official right-of-way line providing that greenbelt requirements as provided elsewhere in this chapter are satisfied. In no event may parking areas located in the setback areas be sheltered or enclosed in any manner.

(k)

Location on same lot as use; exceptions.

(1)

Off-street parking areas shall be located on the same lot, parcel or premises as the use to be served; provided, if the use to be served is a business, or commercial, the parking area therefore may be on a lot or parcel of land that is in an IU or BU District and is within 300 feet from the site of such business or commercial use to be served; provided such business, commercial shall immediately terminate in the event such parking area therefor is not available and all those having any right, title or interest in and to such business or commercial use property site shall execute and place on the public records of this County a covenant approved by the Director that such business commercial [use] shall cease and terminate upon the elimination of such parking area, and that no business commercial [use] shall be made of such property until the required parking area is available and provided.

(2)

Off-street parking areas shall be located on the same lot, parcel or premises as the use to be served; provided, if the use to be served is an apartment building, the parking area therefor may be located on a lot or parcel of land that is in the same apartment district which permits the use, or more liberal apartment or business district and within 300 feet from the site of such apartment structure to be served, said distance to be measured by the normal and legal way a pedestrian would travel; provided such apartment use shall immediately terminate in the event such parking area therefor is not available and all parties having any right, title or interest in and to such apartment shall execute and place on the public records of this County a covenant approved by the Director that such apartment use shall cease and terminate upon the elimination of such parking area, and that no apartment or other use shall be made of such property until the required parking area is available and provided.

(3)

In the TC District, the location of required parking spaces shall be governed by the provisions of the district regulations and Section 13-1802.

(l)

Application of provisions to change of uses. This article shall apply to changes of uses as well as the establishment of new uses.

(m)

Between business structure and public park. Where a business is adjacent to a park, neither the driveway nor the parking area shall be located between the business structure and the public park.

(n)

Using parking areas for commercial parking lot. No area designated as a parking area in connection with any designated use or uses shall be operated as a commercial parking lot.

(o)

Marking parking spaces; backing out into street; improvement of frontage. For all uses other than single-family, duplex or townhouse, the parking area shall be marked by painted lines, as otherwise provided in this chapter, indicating the individual parking spaces or stalls. In all districts, the parking area shall be so arranged that there is no backout into an adjacent private or public street, excepting only lots used for single-family or duplex use. The frontage along the entire parking area adjacent to the private or public street shall be curbed, walled or landscaped, except at entrances, exits, or drainage outlets approved by the Director and the Department of Public Works.

(p)

Landscape. Landscaping shall be provided in accordance with Chapter 18A of the Code [of Miami-Dade County].

(q)

Parking waiver. The Administrative Official shall be authorized to review and act upon applications for administrative waivers of off-street parking requirements for properties with multiple uses where an applicant can demonstrate that differing hours of operations of existing businesses, or other conditions, justify such a waiver.

No waiver shall be granted greater than 15 percent of off-street parking requirements for a single use, or that would result in a cumulative total greater than 20 percent of off-street parking requirements for an entire property.

The Administrative Official, in consultation with the Town Engineer, shall review and evaluate such applications as indicated in the following sections. In the event a wavier exceeding 15 percent for an individual use is requested or more than 20 percent for an entire site the request shall be reviewed by the Town Council as a conditional use pursuant to the requirements of the Town's Code.

The provisions of this subsection shall not be applicable to properties and uses designated as Town Center Mixed-Use on the Future Land Use Map of the Comprehensive Plan.

(Ord. No. 13-155, § 2(Exh. A), 3-12-2013; Ord. No. 14-166, § 2, 2-11-2014; Ord. No. 15-184, § 3, 9-1-2015)

This section shall apply to all uses and properties designated Town Center Mixed-Use on the Future Land Use Map of the Comprehensive Plan.

(1)

For any uses that cannot, or elect not to, provide all or a portion of required parking on-site, as determined by the standards set forth in Section 13-1801, the owner or developer shall make a payment in lieu of such required parking, subject to verification by the Administrative Official of the availability of such public, on-street parking spaces in the Town Center Mixed-Use area. This payment in lieu program shall be applicable to new construction, changes of use, expansion of an existing use or any other situation in which a requirement for new or additional parking is created. Provided, however, that the number of parking spaces required for handicapped persons, as otherwise provided in this Code, shall be provided on-site.

(2)

Fee collection. In cases of new construction or a new addition, the payment in lieu of providing parking shall be satisfied by a payment prior to the issuance of a building permit. In cases of existing structures where a change of use results in an increased parking requirement, the payment in lieu of providing parking shall be satisfied by a payment prior to the issuance of a certificate of use or certificate of occupancy, whichever occurs earlier. However, the Administrative Official may establish financing or installment programs as an option for use of the parking in-lieu program, in which case the first installment and any other requirements of the financing or installment program that may be established shall be satisfied prior to the issuance of a building permit or certificate of use/occupancy, as applicable.

(3)

Fee calculation. The amount of the payment for each parking space not provided on-site shall be established by the Town Council by resolution. The Administrative Official shall annually review the amount charged for each such space, and provide a recommendation to the Town Council regarding its adjustment; however, the Town Council may change the amount at any time by resolution.

(4)

Deposit of funds; account. Funds generated by the payment in lieu program shall be deposited in one of two Town accounts, one from funds generated from uses to the west of NW 67th Avenue, and the other from funds generated to the east of NW 67th Avenue. The funds in each account shall be utilized to provide parking and mobility related improvements within the area from which the funds in each account were generated. Such parking and mobility related improvements may include the following:

a.

Striping, landscape islands, paving and similar improvements for on-street parking on public streets;

b.

Improvements to pedestrian infrastructure, including sidewalks, crosswalks, greenways, street trees, pedestrian crossing signals and pedestrian wayfinding signs;

c.

Transit infrastructure, including bus shelters, signage and transit-oriented lane modifications;

d.

Bicycle improvements, including on-street bicycle parking spaces, greenways and bicycle lanes and paths.

Expenditure of funds for any parking and mobility related improvements not specifically enumerated above shall require approval by the Town Council.

(5)

Variances. No variances to the requirements of this section shall be allowed, nor shall any variances to the requirements for the number of parking spaces specified in Section 13-1801 be allowed for properties designated Town Center Mixed-Use on the Future Land Use Map of the Comprehensive Plan.

(Ord. No. 14-166, § 2, 2-11-2014)