(A)

Zoning Districts Established. In order to implement the intent of this Code and the City's adopted Comprehensive Plan, the City is hereby divided into the zoning use, overlay and special districts with the symbol designations and general purposes listed below and permitted uses set forth in Section 20-3.3(D). Except as expressly set forth within the regulations governing the DS district, standards shall be uniform throughout each district.

(B)

District Purpose Statements.

(1)

"RS-1" Estate Residential District: The purpose of this district is to provide for estate type single-family residential development located in a spacious rural-like setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family Residential" on the City's adopted Comprehensive Plan.

(2)

"RS-2" Semi-Estate Single-Family Residential District: The purpose of this district is to provide for semi-estate type single-family residential development located in a relatively spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family Residential" on the City's adopted Comprehensive Plan.

(3)

"RS-3" Low-Density Single-Family Residential District: The purpose of this district is to provide for low-density single-family residential development located in a moderately spacious setting which emphasizes the preservation of open space. This district is appropriate in areas designated "Single-Family Residential" on the City's adopted Comprehensive Plan.

(4)

"RS-4" Single-Family Residential District: The purpose of this district is to provide for single-family residential development located on smaller lots and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single-Family Residential" on the City's adopted Comprehensive Plan.

(5)

"RS-5" Single-Family (fifty-foot lots) Residential District: The purpose of this district is to provide for built-out single-family residential subdivisions characterized by smaller lots with fifty-foot frontages and to protect and improve the character of existing development in the area. This district is appropriate in areas designated "Single-Family Residential" on the City's adopted Comprehensive Plan.

(6)

"RT-6" Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low-density townhouse or duplex projects on sites of at least ten thousand (10,000) square feet, which are located in such a manner as to serve as effective transitional land use elements between single-family and more intensive multi-family residential or commercial areas. This district is appropriate in areas designated "Townhouse Residential" or "Duplex Residential" on the City's adopted Comprehensive Plan.

(7)

"RT-9" Two-Family/Townhouse Residential District: The purpose of this district is to provide suitable sites for the development of well planned, environmentally compatible, low-density attached single-family residential projects of a two-family and/or townhouse nature, which are located in such a manner as to serve as effective transitional land use elements between single-family and more intensive multi-family residential or commercial areas. This district is appropriate in areas designated "Townhouse Residential" or "Mixed Residential Moderate-Density" on the City's adopted Comprehensive Plan.

(8)

"RT-18" Townhouse District: The purpose of this district is to provide suitable sites for the development of well-planned, innovative and environmentally compatible residential uses that transition between single-family residential areas and zoning districts of higher residential density or commercial intensity. This district is "residential" and implements a residential land use category of the City's adopted Comprehensive Plan. Allowances provided in the RT-18 district for Live-Work Units (LWU) or for home offices shall not be construed to mean the district is "commercial" or "mixed-use." Townhouse dwelling units may optionally use the first ground floor area that is above minimum flood elevation and not used for required vehicle storage as: (a) part of the dwelling unit; (b) a live-work space as defined for Live-Work Units (LWU); or (c) an Accessory Dwelling Unit (ADU) pursuant to F.S. § 163.31771. An application for a building permit to construct an accessory dwelling unit must include a recorded title restriction by the applicant which commits that the unit will be rented at an affordable rate to extremely low-income, very low-income, or low-income person or persons, as such terms are defined in the Florida Statutes. Each townhouse primary dwelling unit and each ADU shall have its own direct entrance fronting to a public street with front-facing glazing for both. Single-family residences are also permitted on individual lots. Townhouse dwelling units, exclusive of ADUs, shall be developed at densities no greater than eighteen (18) dwelling units per net acre. This district is appropriate in areas designated "Townhouse Residential," "Mixed-Use Commercial Residential" or "Multi-Family Residential" on the City's adopted Comprehensive Plan Future Land Use Map.

(9)

"RM-18" Low-Density Multi-Family Residential District: The purpose of this district is to provide suitable sites for the development of low-density multi-family residential uses with appropriate landscaped open space which are located in such a manner as to serve as an effective transitional land use element between less intensive residential uses and more intensive multi-family and/or commercial uses. This district is appropriate in areas designated "Multi-Family Residential" on the City's adopted Comprehensive Plan.

(10)

"RM-24" Medium-Density Multi-Family Residential District: The purpose of this district is to provide suitable sites for the development of medium-density multi-family residential uses with appropriate landscaped open space. This district is appropriate in areas designated "Multi-Family Residential" on the City's adopted Comprehensive Plan.

(11)

"RO" Residential Office District: The purpose of this district is to provide suitable sites which will accommodate the limited office space needs of certain low impact professional services in attractive low profile buildings on heavily landscaped sites, architecturally similar to and compatible with nearby single-family structures. The district should serve as a transitional buffer between established single-family neighborhoods and major traffic arterials or more intensive uses, and is appropriate in areas designated "Business Office (Low Intensity and Volume)" on the City's adopted Comprehensive Plan.

(12)

"LO" Low-Intensity Office District: The purpose of this district is to permit low-intensity office development and redevelopment, without necessarily being compatible in appearance with single-family residential areas. This district is appropriate in areas designated "Commercial Retail and Office", "Mixed Use Commercial/Residential", and "Business Office (Low Intensity and Volume)" on the City's adopted Comprehensive Plan.

(13)

"MO" Medium-Intensity Office District: The purpose of this district is to accommodate professional and business office space needs in a relatively intensive centrally located manner. This district is appropriate in areas designated "Mixed-Use Commercial/Residential" on the City's adopted Comprehensive Plan.

(14)

"NR" Neighborhood Retail District: The purpose of this district is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. This district is appropriate in areas designated "Commercial Retail and Office" on the City's adopted Comprehensive Plan.

(15)

"SR" Specialty Retail District: The purpose of this district is to maintain the basic specialty retail character of the Sunset Drive commercial area by encouraging comparison retail uses at the pedestrian-oriented grade level and office and residential uses on the upper floors of all buildings. This district is appropriate in areas designated "Mixed-Use Commercial/Residential" on the City's adopted Comprehensive Plan.

(16)

"GR" General Retail District: The purpose of this district is to delineate areas which permit a broad range of retail uses. Uses that are strongly oriented toward the motoring public are discouraged in this district. This district is appropriate in areas designated "Commercial Retail and Office" on the City's adopted Comprehensive Plan.

(17)—(22)

"TSDD," Transit - Supportive Development District: (includes subcategories TSDD (MU-4), TSDD (MU-5), TSDD (MU-6), TSDD (MU-M), TSDD (PI), and TSDD (PR)) The purpose of this district is to maximize and support the presence of a mass transit center located within walking distance of the boundaries of the district. The TSDD is intended to provide for the development of office, retail, residential uses, and related services in multi-story and mixed-use projects that are characteristic of transit-supportive developments. Regulations provide for the continuation of existing light industrial uses, but encourages redevelopment through land assembly, flexible building heights, design standards, and performance-oriented incentives. The portion of the TSDD consisting of properties contiguous or abutting the South Miami Metrorail Station property is known as the Transit-Oriented Development Area ("TODA").

(23)—(25)

"PUD" Planned Unit Development: (includes PUD-R, PUD-M, PUD-H) The purpose of this district is to allow a tract of land to be developed as a unit under single ownership or unified control, which includes one or more principal buildings or uses. A PUD encourages design flexibility versus traditional siting such as side yards, setbacks, height. A greater flexibility in locating buildings and in combining various uses will achieve better economics in construction, preservation of open space and inclusion of amenities. The district is appropriate in areas designated residential, multi-family, commercial, transit oriented, mixed use or public/institutional areas on the city's adopted Comprehensive Plan and Future Land Use Map.

(26)

"HP-OV" Historic Preservation Overlay: The purpose of this district is to preserve and protect historic and/or architecturally worthy buildings, sites, neighborhoods or archaeological zones, which impart a distinct aspect to the City of South Miami and which serve as visible reminders of the history and cultural heritage of the City, the State and the Nation. The HP-OV zoning district shall overlay existing use districts, and all uses allowed by the underlying use district shall be permitted. The provisions, standards, and procedures set forth for properties designated as an historic site or district shall be in addition to all other applicable requirements in the Land Development Code. The district is appropriate in any land use categories on the city's adopted Comprehensive Plan and Future Land Use Map.

(27)

"HD-OV" Hometown District Overlay: The purpose of this district is to implement a mixed-use commercial/residential land use category that is characteristic of traditional down-towns. It is intended to provide for different levels of retail uses, office uses, retail and office services and residential dwelling units with an emphasis on mixed use development. In order to assure a mix of uses, the City requires that a minimum of two of the above uses must be included within each project. The land development regulations contained herein reinforce South Miami's Comprehensive Plan by establishing new standards for development as an overlay to existing development regulations within the boundaries of the Hometown District. The district is appropriate in the mixed use areas on the city's adopted Comprehensive Plan and Future Land Use Map.

(28)

"CS-OV" Community Service Overlay: The purpose of this district is to promote the health, safety, community-acceptable standards of morals and general welfare of the residents of the City of South Miami. The Community Services overlay zoning district is intended to provide for the establishment of an overlay zoning district in the Charrette Two Study Area, in order to provide for the special needs of community-based service providers and, specifically, to permit parking lot improvements, out-parcel development, day care center facilities and building additions for those properties under the sole ownership of community-based service providers, such as churches, mosques, synagogues, or temples. The district is appropriate in the residential areas on the city's adopted Comprehensive Plan and Future Land Use Map.

(29)

"H" Hospital District: The purpose of this district is to permit, as a special use, areas that will accommodate various hospital needs in a manner compatible with nearby residential areas. The district also permits office uses at appropriate intensities in the event that hospital uses are terminated and is appropriate in areas designated "Hospital/Office" on the city's adopted Comprehensive Plan. The unique nature of hospital usage and its quickly changing needs and characteristics makes their proper regulation under ordinary zoning regulations difficult. Hospitals located near residential areas are both an asset in terms of jobs and services provided and a liability in terms of traffic generated and their propensity to expand. It is the intent of this district to establish stable land use patterns in hospital areas upon which local residents and hospitals can both rely.

(30)

"PI" Public/Institutional District: The purpose of this district is to provide for governmental facilities, utilities and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public Institutional" on the City's adopted Comprehensive Plan.

(31)

"PR" Parks and Recreation District: The purpose of this district is to provide for public parks and open space areas, including those associated with schools and other community facilities. This district is appropriate in areas designated "Parks and Open Space" on the City's adopted Comprehensive Plan.

(32)

"MU-AH" Mixed Use-Affordable Housing (Two-Story): The purpose of this district is to permit mixed use projects which combine affordable housing with a compatible mix of retail, office, business or professional services and cultural/entertainment in a unified cohesively designed development. The residential component of developments in this district is mandatory and shall be limited to housing units which service the low to moderate income segment of the affordable housing group as defined by the U.S. Department of Housing and Urban Development. This district is appropriate in areas designated as "Mixed-Use Commercial/Residential" on the City's Comprehensive Plan.

(33)

"R" Religious District: The purpose of this district is to provide for religious facilities and uses and could also permit other ancillary uses implemented by the category, which by design and construction are intended for organized worship and commonly related services, such as educational, recreational, and social services, including day care and office. Such ancillary uses shall be subordinate to the principal use. Zoning regulations may permit religious uses on sites not so designated by the Comprehensive Plan.

(34)

"DS" Downtown SoMi District: The purpose of this district is to provide for the establishment of placemaking development that is urban in scale. This district authorizes a mixture of uses, densities, intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-based rapid transit. Permitted uses and structures on both a temporary and permanent basis include retail, restaurant, residential, hotel, office, entertainment, theaters and attractions, permanent and nonpermanent kiosks, active rooftop uses and those uses reasonably accessory thereto. The regulations applicable to the DS District are contained in Article XII of these Land Development Regulations.

Permitted heights in the DS district shall be up to one hundred ninety-five (195) feet as defined in Section 20-12.8.

The permitted Floor Area Ratio (F.A.R.) shall be up to 3.0 and shall only apply to non-residential structures. Permitted residential density shall be up to sixty-five (65) dwelling units per acre. Hotel uses within this district shall be deemed part of the commercial intensity and shall not be counted for purposes of calculating residential density or intensity. For the avoidance of doubt, residential uses shall not count towards F.A.R. and commercial uses (including hotel uses) shall not count towards residential density.

To promote an active, urban, and vibrant pedestrian experience outdoor seating as a convenience for tenants and guests and as an accessory to restaurants, cafés and similar uses shall be encouraged within the DS district.

Land may be zoned DS if it satisfies all of the following requirements:

(1)

The area of the land so zoned is ten (10) acres or less but exceeds five (5) acres;

(2)

A portion of the land so zoned is adjacent to a principal arterial roadway;

(3)

A portion of the land so zoned is adjacent to a minor arterial roadway; and

(4)

A portion of the land so zoned is within one thousand five hundred (1,500) feet radius of an existing rail-based transit station.

This district is appropriate in areas designated "Downtown SoMi" in the City's adopted Comprehensive Plan and Future Land Use Map.

(C)

Official Zoning Map.

(1)

The city's Official Zoning Map shall be known as the "City of South Miami Official Zoning Map" and is hereby made part of this Code as fully as if set forth herein in detail.

(2)

The original Official Zoning Map, bearing the signature of the mayor and the attestation of the city clerk, is hereby adopted.

(3)

The original map shall be located in the office of the city clerk.

(4)

No changes of any nature shall be made on the original map or matter shown thereon except in conformity with the procedures set forth in Section 20-5.5.

(5)

Replacement of official map:

(a)

In the event that the original Official Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes or additions, the city commission may, by resolution, adopt a new Official Zoning Map which shall supersede the prior map.

(b)

The new Official Map may correct drafting or other errors or omissions in the prior Official Map, but no such corrections shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

(D)

District Boundaries:

(1)

District boundaries are usually along streets, alleys, property lines or extensions thereof.

(2)

Where uncertainty exists concerning boundaries of districts as shown on the Official Map, the following guidelines shall be used:

(a)

In cases where a boundary line is within a street, alley or easement, it shall be deemed to be the centerline of such right-of-way.

(b)

If the actual location of a street, alley or easement varies slightly from the location as shown on the official map, then the actual location shall control.

(c)

In cases where a boundary line is shown as being located a specific distance from a street right-of-way line or other physical feature, such distance shall control.

(d)

Where district boundaries are not otherwise indicated and where the property is divided into blocks and lots, district boundaries shall be construed to be the lot lines.

(e)

Where bounded approximately by lot lines, said lot lines described in subsection (d) above shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the official map or by ordinance.

(f)

All water areas are controlled by applicable district regulations.

(g)

District boundary lines on the official map shall be determined by the use of the scale contained on such map.

(h)

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(i)

Whenever any street, alley or other public way is vacated by official city action or whenever such is franchised for building purposes, the zoning district line adjoining each side of the public way shall be automatically extended to the centerline of such vacated public way. All area so involved shall be subject to all regulations of the extended districts.

(j)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Map, or in other circumstances not covered by subsections (a) through (i) above, the city commission shall interpret the district boundaries.

(Ord. No. 8-95-1581, §§ 1, 2, 6-6-95; Ord. No. 20-99-1694, § 1, 11-16-99; Ord. No. 11-04-1818, § 1, 10-5-04; Ord. No. 14-04-1821, § 1, 11-16-04; Ord. No. 56-08-1991, § 1, 2-2-08; Ord. No. 34-10-2059, § 1, 10-5-10; Ord. No. 25-11-2098, § 1, 9-6-11; Ord. No. 21-12-2137, § 1, 10-2-12; Ord. No. 05-18-2294, § 2, 3-6-18; Ord. No. 10-18-2308, §§ 1, 2, 11-6-18; Ord. No. 15-19-2328, § 1, 4-23-19; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 06-20-2360, § 2, 2-4-20; Ord. No. 17-20-2371, § 1, 6-2-20; Ord. No. 26-23-2477, § 2(Exh. A), 11-21-23; Ord. No. 27-23-2478, § 2, 11-21-23; Ord. No. 09-24-2494, § 2(Exh. A), 3-19-24; Ord. No. 17-24-2502, § 2(Exh. B), 6-18-24)

(A)

Minimum Standards. The regulations established by this Code within each district shall be the minimum standards and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(B)

Total Compliance. No building, structure, land or water areas shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, enlarged, reconstructed, moved or structurally altered except in conformity with all the regulations specified for the district in which it is located.

(C)

Structural Compliance. No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered which:

(1)

Exceeds the height or bulk established for the district;

(2)

Occupies a greater amount of impervious area or coverage than the percentage permitted in the district; or

(3)

Encroaches upon the minimum yard setbacks or other areas herein required; or is in any other manner inconsistent with the provisions of this Code.

(D)

Separate Compliance. No part of a yard, open space or off-street parking space required in connection with any building for the purpose of complying with this Code, shall be included as part of a yard, open space or off-street parking space similarly required for any other building.

(E)

Yard and Lot Compliance. No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth in Section 20-3.5.

(F)

Parking Compliance. Buildings erected, converted, enlarged, reconstructed, moved or structurally altered shall conform to the off-street parking requirements in Section 20-4.3.

(A)

Type of Permitted Uses.

(1)

Uses permitted by right or as a special use in each district shall be determined from the Permitted Use Schedule in Section 20-3.3(D).

(2)

All uses shall comply with:

(a)

Any specific special use conditions referenced and set forth in Section 20-3.4;

(b)

All off-street parking requirements referenced and established in Section 20-4.4, other than as modified for Article VIII of this chapter; and

(c)

All other applicable requirements of this Code.

(B)

Established Nonconforming Uses. Uses which were established prior to the adoption of this Code or its predecessors, but which are now inconsistent with the requirements of this Code shall be permitted if such uses meet the requirements of this Code for a valid nonconforming use.

(C)

Permitted Use Schedule.

(1)

Uses identified in a particular district column with a "P" are "permitted by right" and may be allowed in such district, subject to all other applicable requirements of this Code.

(2)

Uses identified in a particular district column with an "S" are "special uses" and may be permitted in such district with such conditions as referenced in the "Conditions" column (second from right on the Schedule) and defined in Section 20-3.4, subject to all other applicable requirements of this Code.

(3)

Off-street parking requirements for each permitted or special use are referenced in the "Parking" column (far right on the Schedule) and are further defined in Section 20-4.4(B).

(4)

Uses not listed as "permitted by right" or as "permitted as special use" in a district are not allowed in such district unless otherwise expressly permitted under this Code in accordance with paragraph (5) below.

(5)

New or unlisted uses of similar nature.

(a)

The director of building/zoning and community development shall consider the nature of the proposed use, its compatibility with other uses permitted in the various districts and determine the zoning district or districts within which the use should be permitted, if any.

(b)

The city manager shall transmit the findings and recommendations of the director of building/zoning and community development for the classification proposed for any new or unlisted use to the city commission for review at its next regularly scheduled meeting.

(c)

The city commission shall approve the recommendations of the director or make such determination concerning the classification of the new or unlisted use as it determines appropriate.

(6)

Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, permitted retail uses shall be located only on first and second floor building levels, permitted office uses only on second floor building levels, and permitted residential uses only on second floor building levels or above, except that for buildings abutting U.S. 1 (South Dixie Highway) that contain more than fifty thousand (50,000) square feet of ground floor space, permitted office uses may be located on the first, second or third floor building levels within that portion of the building lying within one hundred seventy-five (175) feet of the U.S. 1 (South Dixie Highway) right-of-way.

(a)

The percentage of permitted office uses that would be allowed to occupy the first or ground floor of multi-tenant structures shall not exceed a contiguous twenty-two (22%) percent of the first or ground floor building area of the entire building. Requests for office uses in excess of a contiguous twenty-two (22%) percent will require a "special exception" approval pursuant to Section 20-7.51 of the Land Development Code.

(b)

Ground floor office uses shall be required to have ground floor visibility from the adjacent streets and interior walkways, and shall be open and regularly accessible to customers and patrons during regular business hours. These uses shall to the best of their ability, maintain a retail storefront look along the interior walkways comparable to traditional retail sales operations.

(c)

The ground-floor office uses with a facade along the adjacent street shall have storefront windows covering no less than twenty-five (25) percent of the ground-floor building frontage wall area. Storefronts shall remain un-shuttered at night and shall utilize transparent glazing material, and shall provide view of interior spaces lit from within. Where interior building frontages exceed fifty (50) feet, doors or entrances with public access or egress shall be provided at intervals averaging no greater than twenty-five (25) feet.

Note: Subsection (E) deleted and Standard Industrial Classification Column deleted from the Permitted Use Chart on August 21, 1990 by Ord. No. 11-90-1451.

SECTION 20-3.3(D)

PERMITTED USE SCHEDULE

   * Revised January 15, 1991 by Ord. No. 3-91-1468 under section 15-63, miscellaneous provisions, South Miami Code of Ordinances (see text at end of table).

  **  Parking requirement category; one space per three hundred (300) square feet gross floor area.

 *** This activity is permitted as of right if it does not include the sale of alcoholic beverages and if it is not in the TSDD MU-M district. Otherwise, it shall be approved as a Special Use (Section 20-3.4) and as to the sale of alcoholic beverages it will also be subject to the requirements of Chapter 4 of the South Miami Code of Ordinances.

**** All businesses that adjoin or abut a single-family or multi-family zoned district may not be open before 8:00 a.m. and must close on or before 7:00 p.m.; if they are not adjoining or abutting such districts they shall not be open before 6:00 a.m. and they must be closed on or before 10:00 p.m. Gross floor area of the use shall not exceed two thousand (2,000) square feet.

¹  Within the DS district, an Automobile Rental Agency shall operate only as concierge service accessory to a hotel. No automobile rental inventory shall be permitted to be stored or parked in on-site parking resources.

²  Automobiles for display to consumers may be stored inside the Automobile Showroom but may not be stored or parked in on-site parking resources. No more than ten (10) vehicles for consumer test driving use may be stored or parked in on-site parking resources. No automobile inventory shall be permitted to be stored or parked in on-site parking resources.

³  A microbrewery is an establishment primarily engaged in the production and distribution of beer, ale, or other malt beverages, and which may include retail sales and on-site consumption. Parking shall be provided at a rate of one space per one thousand (1,000) gfa for the area devoted to production and one space per one hundred (100) gfa for patron areas.

⁴  Parking shall be provided based on the standard required for the particular use that is operating as a home-based business.

⁵  In the RT-18 district, Live-Work Units shall not require special use permit approval, provided that the Planning Director finds that the proposed Live-Work Units otherwise comply with all requirements of this Code. To determine compatibility, the Special Use Conditions listed in Section 20-3.4(B)(27), and Section 20-3.4(B)(28) as applicable to Artist Studios shall be applied to the review of all uses proposed for Live-Work Units. Live-Work Units may include professional services, personal services, and artist studios that are determined as compatible with the surrounding area. Live-Work Units shall not include in-person retail sales or pickup by customers, and not be permitted to engage in prepared food service, including dine-in or take-out. Operations shall be limited to the hours of 8:00 a.m to 7:00 p.m. Signage shall be permitted subject to the criteria of Section 20-4.3. Prior to the issuance of a certificate of use for any Live-Work Units, the property owner must execute and record a Declaration of Restrictive Covenants running with the land in a form approved by the Planning Director and the City Attorney which covenants that the Live-Work Unit(s) shall comply with the requirements of this Code, expressly lists requirements of Section 20-3.4(B)(27), and provides that the City may enforce said covenant through all means authorized by law including, but not limited to, the denial of building permits or revocation of certificates of use or occupancy on the subject property, injunctive relief, and other means.

⁶  Urgent care facilities shall not exceed six thousand five hundred (6,500) square feet in gross floor area, and shall not be designed to accept transport of patients from ambulances, or provide beds for overnight stays or ongoing treatment. A condition of Certificate of Occupancy shall require communication by the operator to any ambulance service charged with transporting patients from the urgent care facility to not operate sirens or any other plainly audible attention attracting devices within the property where the urgent care facility is located.

EXCERPT FROM THE SOUTH MIAMI CODE OF ORDINANCES

Section 15-63 Mobile vendors: definition and regulation

 (a) A mobile vendor is any person, firm, corporation or other entity which travels from place to place selling any and all goods, wares, and merchandise, including, specifically, food, food products and beverages.

 (b) All mobile vendors are prohibited from operating or doing business in the City of South Miami except as hereinafter provided.

 (c) Mobile vendors selling food, food products and beverages may operate and do business in I zoning districts or upon construction sites where work is actively in progress upon the following terms and conditions:

  i.
No mobile vendor shall station itself upon any public street or right-of-way. Neither shall any mobile 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 streets or rights-of-way.

  ii.
All mobile 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.

  iii.
No mobile vendor shall remain in any one site longer than thirty (30) minutes except in the case of a special event, exhibition, exposition, art show and/or festival not to exceed five (5) days and when further specifically permitted by a majority affirmative vote of the city commission by resolution.

  iv.
Mobile vendors must operate from four-wheel motorized vehicles registered in the State of Florida except in the case of fairs, exhibitions and expositions not exceeding five (5) days.

(Ord. No. 12-90-1452, 7-24-90; Ord. No. 11-90-1451, 8-21-90; Ord. No. 2-91-1467, 1-15-91; Ord. No. 3-91-1468, 1-15-91; Ord. No. 4-91-1469, 2-5-91; Ord. No. 7-91-9091, 3-19-91; Ord. No. 12-91-1477, 4-16-91; Ord. No. 15-91-1480, 5-21-91; Ord. No. 19-91-1484, 7-23-91; Ord. No. 26-91-1490, 11-5-91; Ord. No. 26-91-1491-A, 11-19-91; Ord. No. 3-92-1498, 1-7-92; Ord. No. 7-92-1502, 5-5-92; Ord. No. 10-92-1505, 6-2-92; Ord. No. 13-92-1508, 8-4-92; Ord. No. 29-92-1524, 11-3-92; Ord. No. 1-94-1550, 2-1-94; Ord. No. 16-94-1566, § 1, 11-1-94; Ord. No. 10-97-1631, § 1, 4-1-97; Ord. No. 14-98-1662, § 2, 9-1-98; Ord. No. 9-99-1683, § 1, 5-4-99; Ord. No. 20-99-1694, § 1, 11-16-99; Ord. No. 22-99-1696, § 2, 11-16-99; Ord. No. 12-00-1714, § 2, 4-18-00; Ord. No. 5-01-1736, § 1, 2-6-01; Ord. No. 8-01-1739, § 1, 3-6-01; Ord. No. 15-01-1746, § 1, 7-24-01; Ord. No. 16-01-1747, § 1, 7-24-01; Ord. No. 21-01-1752, § 1, 10-2-01; Ord. No. 25-01-1756, § 1, 10-2-01; Ord. No. 6-02-1774, § 1, 7-23-02; Ord. No. 9-03-1793, § 1, 5-20-03; Ord. No. 03-04-1810, § 1, 4-6-04; Ord. No. 05-04-1812, § 1, 5-18-04; Ord. No. 07-07-1908, § 1, 3-20-07; Ord. No. 12-08-1947, § 1, 3-18-08; Ord. No. 17-08-1952, § 1, 5-20-08; Ord. No. 33-08-1968, § 1, 9-2-08; Ord. No. 34-08-1969, § 2, 9-2-08; Ord. No. 47-08-1982, § 2, 8-21-08; Ord. No. 01-09-1993, § 2, 2-3-09; Ord. No. 10-09-2002, § 2, 7-21-09; Ord. No. 10-10-2035, § 2, 4-6-10; Ord. No. 27-10-2052, § 1, 9-21-10; Ord. No. 34-10-2059, § 2, 10-5-10; Ord. No. 47-10-2072, § 1, 12-7-10; Ord. No. 05-11-2078, § 1, 1-18-11; Ord. No. 01-12-2117, § 2, 1-3-12; Ord. No. 22-12-2138, § 1, 10-2-12; Ord. No. 7-13-2154, § 1, 2-5-13; Ord. No. 14-13-2161, § 1, 6-4-13; Ord. No. 01-14-2179, § 1, 1-7-14; Ord. No. 09-14-2187, § 1, 5-20-14; Ord. No. 21-16-2254, § 1, 9-20-16; Ord. No. 29-16-2262, § 2, 11-1-16; Ord. No. 04-17-2274, § 2, 3-21-17; Ord. No. 06-17-2276, § 2, 4-4-17; Ord. No. 03-18-2292, § 1, 3-6-18; Ord. No. 04-18-2293, § 1, 3-6-18; Ord. No. 05-18-2294, § 3, 3-6-18; Ord. No. 11-18-2300, § 1, 5-15-18; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 15-19-2328, §§ 2, 3, 4-23-19; Ord. No. 37-19-2350, § 3, 11-19-19; Ord. No. 41-19-2354, § 2, 12-3-19; Ord. No. 06-20-2360, § 1, 2-4-20; Ord. No. 07-20-2361, § 3(Exh. A), 2-4-20; Ord. No. 17-20-2371, § 2, 6-2-20; Ord. No. 36-20-2390, § 2, 12-16-20; Ord. No. 09-22-2430, § 3, 4-19-22; Ord. No. 13-22-2434, § 3, 5-17-22; Ord. No. 10-21-2400, § 2, 6-1-21; Ord. No. 19-21-2409, § 3, 9-7-21; Ord. No. 27-23-2478, § 2, 11-21-23; Ord. No. 09-24-2494, § 2(Exh. A), 3-19-24; Ord. No. 17-24-2502, § 2(Exh. B), 6-18-24; Ord. No. 19-24-2504, § 3(Exh. A), 8-20-24; Ord. No. 22-24-2507, § 2, 9-17-24; Ord. No. 27-24-2512, § 2, 12-10-24)

Any of the following special uses may be approved and permitted in accordance with the development review process in Section 20-5.2, provided that such use is specifically listed as a permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20-3.3(D)), and that such use complies with the following general and special requirements, as well as any other conditions that the City Commission may consider appropriate and necessary:

(A)

General Requirements.

(1)

All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission.

(2)

All such uses shall be determined to be of a compatible and complementary nature with any existing, planned or anticipated surrounding uses.

(3)

A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood.

(4)

If a special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing.

(B)

Special Requirements.

(1)

CHURCH, TEMPLE, MOSQUE OR SYNAGOGUE

(a)

In RM-18, RM-24, and RO Districts, all such uses shall be located on a site of not less than two (2) net acres in area.

(b)

No structure shall be located less than one hundred (100) feet from any adjacent residential district.

(c)

Ancillary uses such as education, recreational and social uses shall be subordinate to the principal use as a church.

(2)

FRATERNAL ORGANIZATION OR PRIVATE CLUB

(a)

All such uses shall be located on a site of not less than one net acre in area.

(b)

The activities, uses and structures located on the property shall be adequately screened and/or buffered from residentially zoned districts as recommended by the Planning and Zoning Director or as required by the City Commission to reduce any noise emanating from the property and limit the vision of the structure and activity taking place on the property.

(c)

No vehicular ingress nor egress shall be permitted along streets and rights-of-way bordering a residentially zoned district in the City.

(3)

FUNERAL HOME

(a)

All such uses shall be located on a site of not less than one net acre in area.

(b)

All such uses shall have not less than twenty-five (25) off-street parking spaces on-site.

(c)

No parking spaces shall be located between the front or side of the principal structure and any street right-of-way line.

(d)

All ambulances and other equipment shall be stored in a completely enclosed structure when not in actual use.

(e)

Principal structures shall have a minimum setback of at least forty (40) feet from any side property line.

(4)

RESTAURANTS

(a)

RESTAURANTS, CONVENIENCE

i.

No vehicular ingress nor egress shall be permitted along streets and rights-of-way bordering residential zoning districts in the City of South Miami. Public streets, rights-of-way, sidewalks and required setbacks may not be used for patio or street-side services of any kind.

ii.

The City Commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, lot size, access and facility arrangement for this Special Use Permit.

(b)

RESERVED

(c)

RESERVED

(d)

RESTAURANT, DENSITY

i.

Respective restaurant sites shall not be allowed to occupy more than the following percentage of the allowable first floor building area of any of the following zoning districts:

NR  5%   I  10%   GR  25%   SR  25%

(5)

GASOLINE SERVICE STATION

(a)

Objectives of this Subsection.

i.

The following standards are established for service stations to ensure that such uses shall be compatible with other uses permitted in the same district and to protect the public health, safety and welfare of the community.

ii.

These standards are to promote design which is architecturally compatible with the surrounding area and the design goals of the community.

(b)

Applicability.

i.

This section shall apply to all new service stations, additions or renovations in excess of $10,000 as determined by the City, including tank removal or upgrades.

ii.

Exceptions to this section can be approved by the City Commission.

(c)

Appearance.

i.

All structures on the site shall create a unified architectural theme.

ii.

Service station roofs shall be pitched with generous overhangs. The roofing shall be [composed of] incombustible materials, such as shingle, clay tile, cement tile, or metal.

iii.

The canopy shall be restricted to a clearance of 13 feet in height and shall be consistent with the main building design. The canopy columns shall be architecturally finished to match the building.

iv.

The use of flat steel or metal panels for the exterior walls of the service station shall not be permitted.

v.

The rear and sides of buildings shall be finished with material that, in texture and color, resembles the front of the building.

vi.

Glass windows and doors must make up 35% of the primary elevation and 15% of the secondary elevation. This calculation is excluding areas designated as service bays.

vii.

The adopted color palette and painting standards shall be applied; however, the use of "earth tone" or light pastel colors shall be encouraged. The use of gray tone colors shall not be permitted.

viii.

Perimeter walls of the site shall be architecturally compatible with the principal structure.

(d)

Landscaping. The service station must comply with Section 20-4.5, Landscaping Requirements, as well as the items specified below:

i.

The service station site landscaping must be compatible with the existing landscaping of the surrounding community.

ii.

Street tree requirements shall be altered to require palm clusters on the ends of the landscape buffer parallel to the service pump canopy. The palm clusters shall consist of three palms with a minimum height of 13 feet.

iii.

The use of planters and window boxes shall be incorporated into the overall landscape design of the building and the site.

iv.

The service pump island shall contain planters on the ends equal to the width of the island.

v.

Where hedges are required, a tiered effect is required.

vi.

Landscaped areas shall be surrounded with a six-inch raised concrete curb. Grade within areas to be landscaped shall be raised to curb height.

(e)

Signage and Lighting.

i.

Landscape signs pursuant to Section 20-4.3(I)(5) shall be used in place of pole or pylon signs.

ii.

Canopies shall not contain any signage, striping or super graphics.

iii.

Temporary window signage shall not be permitted.

iv.

Lighting fixtures shall be baffled and arranged so that illumination is deflected away from adjacent properties and roadways.

(f)

Ancillary Uses.

i.

The sale of snack foods, soft drinks, candies, gum, cigarettes and related items, but not alcoholic beverages, is permitted within approved principle building structures.

ii.

The sale of automotive service items, such as motor oil, antifreeze or allied products, is permitted within approved principle building structures.

iii.

There shall be no storage or display of any merchandise, including tires, outside of the principle building structure.

iv.

On-site preparation of ready-to-consume food is only permitted via special use approval.

v.

Automatic teller machines shall be permitted only within or as a part of the principal building.

vi.

Automobile washing/detailing operations may be permitted as an accessory use in the GR General Retail Zoning District.

(g)

Operation and Maintenance.

i.

No sales, rentals, leasing of storage space, major engine, painting, body work, tire recapping or dismantling of any kind shall be permitted on the service station site. No vehicle may be parked on the site for more than 48 hours.

ii.

No storage of used auto parts or wrecked vehicles, including water craft and trailers, shall be located outside the principle structure.

iii.

At all times, the premises shall be maintained in a clean and orderly condition and landscaping must be maintained in a healthy and viable condition.

(6)

USED MERCHANDISE STORE

(a)

No such establishment shall be located less than one hundred (100) feet from any adjacent residential district.

(b)

No outside display of goods or merchandise shall be permitted.

(c)

No such establishment shall be located less than five hundred (500) feet from another such establishment.

(7)

DRY CLEANING PLANT

(a)

Only nonflammable solvents in self-contained dry cleaning units shall be used.

(b)

A decorative wall of masonry, reinforced concrete, or precast concrete, six (6) feet in height, shall be erected along all interior property lines, including the rear property line, which abut residential districts (RS, RT, RM, and RO). This requirement may be waived or modified by the city commission if adequate acoustical and visual buffering are provided.

(c)

Landscaping, in addition to that which is required under Section 20-4.5, Landscaping requirements, may be required by the city commission.

(8)

PLANNED UNIT DEVELOPMENT. All such uses shall be located on a site of not less than two (2) net acres in area. (See Section 20-3.7 for additional requirements)

(9)

AUTOMOBILE, BOAT OR RECREATIONAL VEHICLE DEALER

(a)

No structure shall be located less than one hundred (100) feet from any adjacent residential district.

(b)

All vehicles or boats located on site shall be in operating and saleable condition and have valid current registration and license tags.

(c)

When adjacent to a residential district, a masonry or concrete wall of between six (6) and eight (8) feet in height shall be constructed along dividing property lines.

(d)

When adjacent to public rights-of-way, a landscaped buffer of at least seven (7) feet in width shall be provided, except for approved access points.

(e)

All on-site servicing or repairing of vehicles or boats shall be conducted in completely enclosed soundproof structures.

(f)

A decorative masonry or concrete wall of five (5) feet in height shall be erected along all rear and interior side property lines. Said wall shall be located not less than ten (10) feet from any property or right-of-way line and said area between the wall and property or right-of-way lines shall be landscaped. In the event that any interior side property line abuts the same or less restrictive zoning district, said wall and landscaped area shall not be required. Walls located within ten (10) feet of the front property line shall not exceed four (4) feet in height.

(10)

AUTO WASH OPERATION

(a)

All such uses involving an automated car washing operation shall be conducted in a structure enclosed on three sides.

(b)

All such uses involving an automated car washing operation shall have storage lanes adequate to accommodate four (4) vehicles for each bay.

(c)

No such use involving an automated car washing operation shall be located less than one hundred (100) feet from any residential district.

(11)

BOWLING ALLEY OR SKATING RINK

(a)

All such uses shall be located within a fully enclosed soundproof structure.

(b)

No such use shall be located less than one hundred (100) feet from any residential district.

(12)

MATERIAL STORAGE YARD

(a)

All such uses shall be accessory and incidental to a permitted principal use.

(b)

All such uses shall be completely surrounded by a masonry or concrete wall of not less than six (6) nor more than eight (8) feet in height which shall be permanently maintained in an attractive condition. Storage of all materials and equipment shall not exceed the height of said wall.

(c)

No on-site storage of heavy road-building or earth-moving equipment shall be permitted.

(d)

No structure shall be located less than five hundred (500) feet from any adjacent residential district.

(13)

ADULT FAMILY CARE HOME, ASSISTED LIVING FACILITY, COMMUNITY RESIDENTIAL HOME, CONTINUING CARE RETIREMENT COMMUNITY, AND NURSING HOME. All such uses shall comply with all applicable requirements of state law.

(14)

HOSPITAL. The construction of new or the expansion or conversion of existing hospital facilities and accessory uses shall be subject to the following:

(a)

Such construction, expansion, conversion shall:

i.

Not create additional traffic on adjacent residential streets;

ii.

Not overburden any other public facility, except that the hospital may agree to provide or expand needed facilities at no added public cost;

iii.

Be compatible with the surrounding area and conform to the city's adopted Comprehensive Plan.

(b)

The city commission may attach such conditions and safeguards to an approval of a special use as are reasonably necessary and required to protect public interest in:

i.

Completion of the development according to approved plans;

ii.

Provision for continuing operation and maintenance of such areas, facilities and functions as are not to be provided, operated or maintained at public expense; and

iii.

Provision for such dedications, contributions or guarantees are required for provision of needed public facilities and services.

(c)

The preceding paragraph shall not deny the city commission the authority to set other conditions and safeguards at the time of special use approval, but where such conditions and safeguards are attached the city commission shall determine that they are reasonably necessary and required to protect the public interest and to carry out the intent and purpose of the "H" District and the city's adopted Comprehensive Plan.

(d)

The provisions of this section shall not apply in the event that a "Planned Unit Development-Hospital" (PUD-H) District has been enacted by the city commission for a subject property. In such event, the provisions of the PUD-H District, as approved by the city commission, shall apply. In the event that a PUD-H District is applied to a property subsequent to the adoption of this Code, then the provisions of said PUD-H District shall supersede the provisions of this section.

(e)

Dimensional requirements shall be approved by the city commission but in no case shall they be less restrictive than requirements applicable to the MO District.

(15)

GROUP HOME I and GROUP HOME II

(a)

There is required a minimum of two (2) parking spaces, but no more than two (2) unenclosed parking spaces.

(b)

A business tax receipt shall be required.

(c)

Supervisory staff shall be on-premises 24 hours per day, 365 days per year.

(d)

Emergency telephone numbers shall be provided to the Police department and be kept current at all times.

(e)

The address number must be placed on the house in a way to be clearly visible from the street.

(16)

ACCESSORY RETAIL AND SERVICE USES. Within any permitted principal building in LO or MO districts, accessory retail or service uses may be permitted provided that:

(a)

Such uses are located entirely within the principal building for the convenience of the occupants of or visitors to the principal use;

(b)

Such uses do not occupy more than ten (10) percent of the gross floor area of the principal building in which located; and

(c)

Such uses shall not have any signs or advertising visible from outside the principal building.

(17)

RESIDENTIAL USES WITHIN RESIDENTIAL OFFICE DISTRICTS. Within any Residential Office "RO" district, single-family residential uses shall be permitted subject to the dimensional requirements of the RS-4 Single-Family Residential district.

(18)

ACCESSORY MEDICAL SERVICES

(a)

Facilities may be permitted only in conjunction with an approved hospital use and located on hospital premises.

(b)

Facilities may be provided in the form of a trailer unit which is periodically located for a specified length of time as determined by the city commission on an approved site and conforms to all applicable codes.

(c)

Only one trailer unit may be permitted per each approved, specially permitted hospital use.

(d)

Only those services that are not already provided by the hospital facility and which is for the sole use of the hospital staff and patients may be permitted.

(e)

No vehicular ingress nor egress shall be permitted along streets or rights-of-way bordering residential zoning districts in the City of South Miami.

(f)

The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications, including, but not limited to, traffic circulation, landscaping, facility placement, access and facility arrangement for this special use permit.

(19)

Reserved.

(20)

MOBILE AUTOMOBILE WASH/WAX SERVICE

(a)

Mobile carwash services may operate from 9:00 a.m. to 5:00 p.m. on Monday through Saturday only. 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. No mobile service vendor shall station itself within one hundred (100) feet of a residential zoning district; however, this restriction shall not apply to mobile carwash vendors operating in residential districts and servicing the primary residents.

(b)

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.

(c)

No property owner may permit mobile carwash services to operate on their property for longer than two (2) hours, or operate on site more than two (2) times per week.

(d)

No signage, other than normal commercial graphics painted upon the actual mobile service vehicle, shall be permitted, except as provided for in (e) below.

(e)

With special use approval, exception to (c) above may be made for mobile service vendors who are stationed within approved parking structures. No exterior signage visible from a public street shall be permitted for locations within parking structures.

(f)

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

(e)

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

(f)

No run-off into catch basins is permitted.

(g)

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

(21)

ANIMAL HOSPITAL/VETERINARIAN

(a)

All such uses shall be located within a fully enclosed, air-conditioned, soundproof structure.

(b)

There shall be no overnight boarding of animals except for medical purposes.

(c)

The hours of operation for visits and treatment will be 7:00 a.m. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment.

(22)

AUTOMOBILE RENTAL AGENCY. The following requirements shall be applicable to all automobile rental agencies allowed as a special use:

(a)

No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels.

(b)

When adjacent to a residential district, a landscape buffer shall be required.

(c)

Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles.

(d)

Maintenance, mechanical repair or washing of cars on site is prohibited.

(23)

SCHOOLS AND CHILD CARE FACILITIES: The following requirements shall be applicable to all schools and child care facilities allowed as a special use:

(a)

The maximum student capacity of a school (K-12) shall not exceed one hundred and fifty (150) students per net acre based upon the site size of the property.

(b)

The maximum capacity of a child care center shall be governed by life safety codes and licensing standards for such facilities, as amended.

(c)

Notwithstanding the parking requirements set forth in Section 20-4.4(B)(12), all schools, except high schools, shall provide one parking space for every three hundred (300) square feet of gross floor area. High schools shall provide one parking space for every two hundred (200) square feet of gross floor area.

(d)

The proposed school shall meet State standards for class size and for recreation and open space.

(e)

A traffic study to include a parking impact on the surrounding neighborhood and requirements for adequate queuing on site shall be provided indicating the impact of the proposed facility on the surrounding area; the traffic study consultant shall contract with the City and be paid for by the school applicant.

(f)

Child care facilities with fifteen (15) or more children shall be required to provide a traffic circulation plan, a traffic study, if required, and a facilities impact statement to the Planning Department for review. The Planning Department and the Police Department will assess the information and determine whether a traffic study is warranted based on the proposed number of children and the surrounding neighborhood conditions. The traffic circulation plan must be supported by the data for the use before a license to operate the facility may be issued. If a traffic study is warranted, the traffic study consultant shall contract with the City and be paid for by the child care facility applicant. If the traffic circulation plan is not supported by the data, then the permit may not be issued unless the applicant complies with appropriate mitigation.

(g)

All required parking for the school and child care facility shall be located on site.

(h)

The drop off and pick-up loading zone areas for students and children attending the child care facility shall be completely accommodated on site.

(i)

All proposed driveways, vehicular circulation, and parking areas shall be designed to avoid a backup of traffic onto a public right-of-way.

(j)

No ingress or egress to a school or child care facility shall be permitted through abutting residentially zoned parcels.

(k)

When adjacent to a residential zone district, a landscape opaque buffer shall be constructed along dividing property lines.

(l)

All playground and athletic activities areas shall be accommodated on site.

(m)

There may not be any school activities on site after 11:00 p.m.

(n)

The school and child care facility shall be financially responsible for the appropriate solution of any problems that arise after approval.

(o)

If the proposed school or child care facility, or the traffic generated by the school or facility is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, or to be detrimental to the public welfare or to the property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing.

(24)

MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The following requirements shall be applicable to all Medical Marijuana Retail Centers (MMRC), and Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) allowed as a special use:

All distances shall be measured by drawing a straight line between the closest point of a building housing the MMRC or Pharmacy to the closest property line of the RS zoning district, school, day care facility, or park, or another business with the same use that is controlled by this section (i.e., the separation between two (2) MMRCs or two (2) Pharmacies). Applicants seeking reductions in the required spacing may seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals).

(a)

Location requirements. A MMRC shall not be located:

i.

Within three hundred (300) feet of any RS zoning district;

ii.

Within one thousand (1,000) feet of another MMRC, whether it is located in the City or in another jurisdiction; or

iii.

Within five hundred (500) feet of a child day care facility, an elementary, middle or secondary school or within five hundred (500) feet of a county or municipal park located outside the Commercial Core.

(b)

Location requirements. A Pharmacy shall not be located:

i.

Within three hundred (300) feet of any RS zoning district;

ii.

Within one thousand (1,000) feet of another Pharmacy, whether it is located in the City or in another jurisdiction; or

iii.

Within five hundred (500) feet of a child day care facility, an elementary, middle or secondary school or within five hundred (500) feet of a county or municipal park located outside the Commercial Core.

(c)

Hours of operation. MMC and Pharmacies shall only be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m.

(d)

Vehicular traffic. The MMRC or Pharmacy shall ensure that there is no queuing of vehicles in the rights-of-way. No MMRC or Pharmacy shall have a drive-through or drive-in service aisle or a walk-up service window for doing business to the outside of the space housing the MMRC or Pharmacy; a variance may be requested for drive-through and/or drive-in service for a Pharmacy use in accordance with the standards in Section 20-5.9 (Variance Approvals).

(e)

Parking. Any parking demand created by a MMC or Pharmacy shall not exceed the parking spaces located or allocated on site, as required by the City's parking regulations. An applicant shall be required to demonstrate that on-site vehicle circulation and parking attributable to the MMC or Pharmacy will be sufficient to accommodate traffic and parking demands generated by the MMC or Pharmacy, based upon a current traffic and parking study prepared by a certified professional.

(f)

Requirement for indoor operation and prohibition on loitering. All MMCs and Pharmacies are prohibited from having or allowing outdoor seating, outdoor queues, or outdoor customer waiting areas. All activities of the MMC or Pharmacy including sales, display, preparations and storage shall be conducted entirely within an enclosed building. The MMC and Pharmacy shall not direct or encourage any patient or business invitee to stand, sit, gather, or loiter outside of the building where the MMC or Pharmacy operates, including in a parked car, in any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than reasonably required for patients to conduct their official business. The owner of the building housing the MMC or Pharmacy shall post conspicuous signs on all sides of the building stating that no loitering is allowed on the property.

(g)

Prohibition of on-site consumption of marijuana. No consumption of medical marijuana shall be allowed on the premises of any MMC or Pharmacy that engages in any of the activities of an MMC, including in the parking areas, sidewalks, or rights-of-way.

(h)

Landlord responsibilities.

i.

Any landlord, leasing agent, or owner of property upon which a MMC or Pharmacy that engages in any of the activities of an MMC operates, who knows, or in the exercise of reasonable care should know, that such a business is operating in violation of City Code or applicable law, including the rules and regulations promulgated by the state department of health, must take all reasonable measures to prevent, stop, or take reasonable steps to prevent the continued illegal activity on the leased premises.

ii.

Landlords who lease space to such a MMC or Pharmacy must expressly incorporate language into the lease or rental agreement stating that failure to comply with City Code is a material non-curable breach of the lease and shall constitute grounds for termination of the lease and immediate eviction by the landlord ("termination clause"). It shall be a violation of this section for a landlord to fail to incorporate such a termination clause in the tenant's lease and/or the failure to take reasonable steps to evict a tenant when the tenant is in violation of the City Code. The landlord shall pay a fine of five hundred dollars ($500.00) each day that the landlord fails to take reasonable steps to evict the tenant as required by this section. If the landlord takes reasonable steps to evict the tenant but is unable to evict due to the landlord's failure to incorporate the termination clause, the landlord shall pay a fine of five hundred dollars ($500.00) per day for each day that the tenant is in violation of the City Code.

(i)

If a special use is, in the future, determined by the Director of Planning and Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing.

(j)

Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning Department for a reservation ("Reservation"). The Planning and Zoning Department shall issue the Reservation if the proposed use meets the spacing requirements of this section. If any other person applies for a Reservation, such Reservation shall be limited to a location that is more than one thousand (1,000) feet from a proposed use for which a Reservation has been issued. A Reservation shall expire if a building permit is not issued within one hundred twenty (120) days from the date that the Reservation was issued, unless the Applicant demonstrates to the Planning and Zoning Department that the Applicant has been diligently engaged in the process of applying for a building permit and the Planning and Zoning Department extends the expiration date. However, in no event shall the Reservation be extended beyond three hundred sixty-five (365) days from the date of issuance unless the City Commission extends the Reservation for good cause. In the event that the Applicant is denied an extension of time or a building permit, or denied any relief needed to obtain a building permit, and if the Applicant fails to take a timely appeal from such denial, the Reservation shall immediately expire on the date that the time for appeal expires. The Applicant shall have the right to appeal the denial of an extension of time. Such an appeal must be taken within fifteen (15) days of denial and shall be heard by the City Commission.

(25)

ADULT DAY CARE FACILITY

(a)

Adult day care facilities shall be licensed under the Health Care Licensing Procedures Act, F.S. ch. 408, Part II and subject to F.S. ch. 429, Part III.

(b)

Hours of operation shall be less than twenty-four (24) hours per day.

(c)

Parking and passenger loading zones shall be provided for employees and visitors and reserved passenger pick-up/drop-off areas pursuant to Section 20-8.8.

(d)

The facility may transport clients to and from the facility by vanpooling. Provisions should be made for parking and storage when the vehicles are not in use.

(26)

NEIGHBORHOOD CONVENIENCE STORE THAT INCLUDES SALE OF ALCOHOLIC BEVERAGES

(a)

Neighborhood convenience stores shall be subject to these conditions only if the store includes sale of alcoholic beverages. Stores that do not sell alcoholic beverages are permitted as of right.

(b)

The sale of alcoholic beverages requires licensing from the City and the State of Florida and is subject to all applicable requirements of Chapter 4 of the South Miami Code of Ordinances.

(c)

Parking for this use shall be provided pursuant to Section 20-8.8(C)2.

(27)

LIVE-WORK UNITS

(a)

At least one resident in the unit shall maintain a valid Business License for the business on the premises.

(b)

Operation.

i.

Deliveries for nonresidential uses that are part of live-work and work-live units shall be limited to the hours of 8:00 a.m. to 7:00 p.m.

ii.

The nonresidential use must not generate traffic in volume or type in excess of that normally occurring by uses in the surrounding neighborhood.

iii.

Live-work units shall not be used for storage of flammable liquids or toxic hazardous materials, which means any and all materials, substances, waste or chemicals classified under applicable governmental laws, rules or regulations as hazardous or toxic substances, materials, waste or chemicals.

(28)

ARTIST STUDIO

(a)

Artist studios are subject to the same conditions as light industrial uses per Sections 20-8.7(B) and (C).

(b)

Artist studios may be part of live-work units. When that is the case, this use is subject to the special requirements of Section 20-3.4(B)(27).

(c)

The use must not generate traffic in volume or type in excess of that normally occurring by uses in the surrounding neighborhood.

(d)

All activity must be carried out within the building or unit, including the storage of materials.

(e)

Mass production and assembly line techniques are not allowed in artist studios.

(f)

No more than two (2) persons shall practice or be employed at one time per artist studio.

(29)

PHYSICAL FITNESS FACILITY

(a)

Hours of operation shall be limited to 8:00 a.m. to 7:00 p.m. if the business abuts or adjoins a single-family or multi-family zoned district, otherwise it shall be limited to 6:00 a.m. to 10:00 p.m.

(b)

All activities shall occur within a fully enclosed, soundproof structure. Evidence of such soundproofing shall be provided to the satisfaction of the City.

(c)

All activities shall occur on the ground floor of the building.

(30)

COMMUNITY GARDENS

(a)

The following requirements apply to all Community Gardens:

1.

Application. An application to operate a Community Garden shall be submitted to the Planning and Zoning Department as part of the special use application. The application must include the following information:

a.

Site Plan. A site plan, drawn to scale, showing the property size, the location of existing and proposed structures and features, and the source of irrigation water to be used; and

b.

On-site water source and a water management plan to prevent run off to adjoining property, waterways or public right-of-way; and

c.

A description of any proposed rain-capture systems including size, location and method of operation stating how water stagnation will be prevented.

2.

Standards. All Community Gardens must comply with the following standards:

a.

One utility or tool shed may be a permitted as an accessory structure, subject to the provisions of Section 20-3.6(I).

b.

Tools and equipment. The following tools and equipment may be employed:

(i)

Riding/push mower designed for personal use;

(ii)

Handheld tillers or edgers that may be gas or electrically powered;

(iii)

Other handheld equipment designed for personal household use that create minimal impacts related to the operation of said equipment, including noise, odors, and vibration.

c.

Tools and equipment shall be stored indoors or removed from the property daily.

d.

One Two-Axle Vehicle with a gross vehicle weight rating (GVWR) of fourteen thousand (14,000) pounds or less may be used in the operation of the Community Garden but may not remain on site overnight.

e.

Community Gardens must be planted with produce or plants. Ancillary compost, mulch, and soil storage within the Community Garden boundary may be permitted provided the materials are properly contained to control odor and are not visible from adjacent residential properties or a public right-of-way.

f.

No gardening activities may take place before sunrise or after sunset.

g.

If operation of a Community Garden has been discontinued for six (6) months or longer, the property owner must level, clean and sod the property, including removal of plant materials, planting structures, accessory structures, screening, materials, and debris.

h.

No signage shall be visible from the public right-of-way.

i.

All sheds, fences and other structures shall comply with the Florida Building Code.

(b)

As a condition of approval, the following standards may also be imposed:

a.

Off-street parking. Off-street parking is not required for a Community Garden unless the need for such is determined by the Planning and Zoning Director. Said determination shall be based on the garden size, potential number of gardeners, plans for on-site distribution of produce, and the availability of on-street parking.

b.

Screening. Plantings or garden features located within ten (10) feet of a residential structure may require screening, such as landscaping or fencing, as determined by the Planning and Zoning Director.

(Ord. No. 12-90-1452, 7-24-90; Ord. No. 13-90-1452, 8-21-90; Ord. No. 2-91-1467, 1-15-91; Ord. No. 14-91-1476, 4-16-91; Ord. No. 15-91-1480, 5-21-91; Ord. No. 19-91-1484, 7-23-91; Ord. No. 26-91-1490, 11-5-91; Ord. No. 26-91-1491-A, 11-19-91; Ord. No. 3-92-1498, 1-7-92; Ord. No. 5-93-1534, 6-1-93; Ord. No. 16-94-1566, § 2, 11-1-94; Ord. No. 2-97-1623, § 1, 3-4-97; Ord. No. 14-98-1662, § 3, 9-1-98; Ord. No. 22-99-1696, § 3, 11-16-99; Ord. No. 21-01-1752, § 2, 10-2-01; Ord. No. 6-02-1774, § 2, 7-23-02; Ord. No. 47-08-1982, § 1, 8-21-08; Ord. No. 01-09-1993, § 3, 2-3-09; Ord. No. 10-10-2035, § 3, 4-6-10; Ord. No. 27-10-2052, § 2, 9-21-10; Ord. No. 47-10-2072, § 2, 12-7-10; Ord. No. 05-11-2078, § 2, 1-18-11; Ord. No. 01-12-2117, § 3, 1-3-12; Ord. No. 23-12-2139, § 1, 10-2-12; Ord. No. 15-14-2193, § 1, 7-5-14; Ord. No. 29-16-2262, § 1, 11-1-16; Ord. No. 06-17-2276, § 3, 4-4-17; Ord. No. 04-18-2293, § 3, 3-6-18; Ord. No. 07-19-2320, § 2, 2-26-19; Ord. No. 37-19-2350, § 4, 11-19-19; Ord. No. 41-19-2354, § 3, 12-3-19; Ord. No. 04-20-2358, § 2, 1-21-20; Ord. No. 07-20-2361, § 4, 2-4-20; Ord. No. 09-22-2430, § 4, 4-19-22; Ord. No. 13-24-2498, § 3(Exh. B), 5-7-24; Ord. No. 17-24-2502, § 3(Exh. B), 6-18-24)

(A)

Residential Districts. In residential districts, the maximum density, minimum lot area and frontage, minimum yard setbacks, maximum coverage and maximum building heights for the permitted uses in each district shall be determined from the Dimensional Requirements Table for either single-family residential districts one-story (Section 20-3.5(E)) or single-family residential districts two-story (Section 20-3.5(H)) or multi-family districts (Section 20-3.5(F)).

(B)

Nonresidential Districts. In nonresidential districts, except for the Downtown SoMi (DS) district, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20-3.5(G)). In the DS district the applicable dimensional requirements are set forth in Article XII of these Land Development Regulations.

(C)

Dimensional Requirement Tables.

(1)

The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district, as reflected on the four (4) tables labeled "Dimensional Requirements, Single-Family Residential Districts, One-Story" (Section 20-3.5(E)) or "Dimensional Requirements, Single-Family Residential Districts, Two-Story" (Section 20-3.5(H)), "Dimensional Requirements, Attached Single-Family and Multi-family Residential Districts" (Section 20-3.5(F)), and "Dimensional Requirements, Nonresidential Districts" (Section 20-3.5(G)).

(2)

There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code.

(3)

Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property.

(D)

Properties Within One Hundred (100) Feet of RM-18 or Lower Density Districts.

(1)

Except where otherwise provided in regulations applicable to a specific zoning district, the maximum height of any new building or any vertical addition to an existing building located in RM-24 or more intense district and within one hundred (100) feet of RM-18 or lower density districts shall be limited to two (2) stories.

(2)

Properties or projects constructed under a City-approved Planned Unit Development Site Plan or projects subject to Development Agreements during the period that the Agreement is in effect, shall not be subject to the provisions of this section. In no case shall a project be rebuilt which exceeds the height, setback or density that was set forth in the Development Agreement or applicable Planned Unit Development Site Plan.

(3)

Properties presently existing and actually built on the effective date of this ordinance shall be grandfathered in and exempted from the provisions of this section and allowed to be rebuilt to the same height if they are destroyed by an act of God or other natural disaster.

Section 20-3.5E
DIMENSIONAL REQUIREMENTS
SINGLE-FAMILY RESIDENTIAL DISTRICTS - ONE-STORY

^a  Cumulative width of both side yards may not be not less than twenty percent (20%) of total lot width.

^b  Except that additions to existing structures may have five (5) feet interior side setbacks where any portion of the building already has a five-foot setback.

^c  Except that a lot of record with a depth of ninety (90) feet or less may have a front setback of twenty (20) feet.

^d  Except that a lot of record with a depth of eighty (80) feet or less and a lot frontage of thirty-five (35) feet or less may have a rear setback of twenty (20) feet. A lot of record with a depth of sixty-five (65) feet or less may have a rear setback of fifteen (15) feet.

^e  Except that a lot of record with a frontage of forty (40) feet or less may have a side (interior) setback of five (5) feet.

^f  Except that a lot of record with an area two thousand (2,000) square feet or less may have a maximum building coverage of fifty percent (50%). A lot of record with an area of two thousand one (2,001) to three thousand (3,000) square feet may have a maximum building coverage of forty percent (40%).

^g  Except that a lot of record with an area of two thousand (2,000) square feet or less may have a maximum impervious coverage of seventy-five percent (75%). A lot of record with an area of two thousand one (2,001) to three thousand (3,000) square feet may have a maximum impervious coverage of sixty percent (60%).

Section 20-3.5F
DIMENSIONAL REQUIREMENTS
ATTACHED SINGLE-FAMILY AND
MULTI-FAMILY RESIDENTIAL DISTRICTS