Ordinance 97-3083ORDINANCE NO. 97-3083
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida,
Amending Comprehensive Zoning Ordinance No. 89-2665, by:
1. Amending Section 3, Entitled "Definitions', Amending Subsection 3-2,
Entitled "Terms Defined", by Creating New Definitions for Commercial Vehicle and
Construction Vehicle and Eliminating Definitions for Portable Dwelling Unit,
Mobile Home, and Trailer;
2. Amending Section 5 Entitled "General Provisions" by Deleting Subsection
5-5, Entitled "Tractor -Trailer, Trailer, Portable Dwelling Units";
3. Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-6, Entitled "CD -1 Commercial, Low Intensity" by Adding Commercial
Vehicles as Specified in Subsection 6-22,C.3. to the List of Conditional Uses in this
District;
4. Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-7, Entitled "CD -2 Commercial, Medium Intensity"by Adding
Commercial Vehicles as Specified in Subsection 6-22,C.3. to the List of Conditional
Uses in this District;
5. Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-22, Entitled "Supplementary Use Regulations" by Clarifying the
Conditions for the Storage of Motor Vehicles and by Creating Regulations for the
Storage and/or Parking of Commercial Vehicles and Construction Vehicles;
6. Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-25, Entitled "Supplementary Yard Regulations" by Clarifying the
Regulation for Storage of Boats, Boat Trailers, Camper Trailers, and Recreational
Vehicles;
Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an
Effective Date.
WHEREAS, the City Development Regulations Group has reviewed the current Zoning
Ordinance to determine a need to improve parking design efficiency, decrease the overabundance
of pavement, and improve the quality and density of parking lot landscaping; and,
WHEREAS, the City Development Regulations Group identified the parking of commercial
vehicles as a specific concern; and,
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WHEREAS, the City Administration believes that the parking of commercial vehicles,
whether accessory or non -accessory should be specifically regulated; and,
WHEREAS, the amendments set forth below are necessary to ensure all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions"
of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
3-2 TERMS DEFINED
A. For the Purpose of this Ordinance, certain terms and words are hereby defined.
* * *
43.5. COMMERCIAL VEHICLE: Any vehicle, including, but not limited to,
trucks, trailers, semitrailers, tractors and motor homes, utilized in connection
with the operation of a commerce, trade or business, and not utilized as a
Dwelling.
53.5. CONSTRUCTION VEHICLE: Any vehicle or motorized equipment utilized
for the manufacture of a structure, and not utilized as a Dwelling.
73. DWELLING UNIT, PORTABLE: Any vehicle designed for Use as a
purposes'
137. MOBILE HOME: (Sec DWELLING UNIT, PORTABLE)
210. TRAILER: (Sec DWELLING UNIT, PORTABLE)
*
SECTION 2. That Subsection 5-5, entitled "Tractor -Trailer, Trailer, Portable Dwelling Units" of
Section 5, entitled "General Provisions" of Zoning Ordinance 89-2665 of the City of Miami Beach,
Florida is hereby deleted in its entirety as follows:
5 5 TRACTOR TRAILER, TRA -LER, PORTABLE DWELLING UNITS
2
thi3 Ordi a_ce
SECTION 3. That Subsection 6-6, entitled "CD -1 Commercial, Low Intensity" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
6-6 CD -1 COMMERCIAL, LOW INTENSITY.
A. Purpose and Uses
1. District Purpose
2. Main Permitted Uses
3. Conditional Uses
4. Accessory Uses
5. Prohibited Uses 15"
This is a retail sales,
Personal Services, shop-
Commercial Uses;
Apartments; Bed &
Adult Congregate
Living Facilities;
See Section 6-21.
Accessory Outdoor Bar
Counter, Outdoor
ping district, designed to
Breakfast Inn (pursuant
Nursing Homes;
Entertainment
provide service to
to Section 6-22,H). Uses
Religious Institution;
Establishment; Open
surrounding residential
that serve Alcoholic
Public and Private
Air Entertainment
neighborhoods.
Beverages as listed in
Institutions; Schools;
Establishment.1ss
Section 12 (Alcoholic
Beverages).
Day Care Facility; Pawn
shops; Warehouses; arul
any Use selling
gasoline; Neighborhood
Impact Establishment1"i
and storage and/or
parking of Commercial
Vehicles on a site other
than the site at which
the associated
commerce, trade. or
business is located (See
Subsection 6-22.C.3).
* * *
SECTION 4. That Subsection 6-7, entitled "CD -2 Commercial, Medium Intensity" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
6-7 CD -2 COMMERCIAL, MEDIUM INTENSITY.
A. Purpose and Uses
3
1. District Purpose
2. Main Permitted Uses
3. Conditional Uses
4. Accessory Uses
5. Prohibited Uses 15R
This district provides for
Commercial Uses;
Adult Congregate
See Section 6-21.
Accessory Outdoor Bar
commercial activities,
services, offices and
Apartments;
Apartment/Hotels. Uses
Living Facilities;
Funeral Home; Nursing
Accessory Outdoor Bar
Counters, provided that
Counter, except as
provided herein.15A
related activities which
that serve Alcoholic
Homes; Religious
the Accessory Outdoor
serve the entire City.
Beverages as listed in
Institution; Pawn shops;
Bar Counter is not
Section 12 (Alcoholic
Public and Private
operated or utilized
Beverages).
Institutions; Schools;
between midnight and
(wet any Use selling
gasoline; Outdoor
8:00 a.m.; however, for
an Accessory Outdoor
Entertainment
Establishment;
Neighborhood Impact
Establishment; Open Air
Bar Counter which is
adjacent to a property
with an Apartment Unit,
the Accessory Outdoor
Entertainment
Establishments
storage and/or narking
Bar Counter may not be
operated or utilized
between 8:00 p.m. and
8:00 a.m. 'S"
of Commercial Vehicles
on a site other than the
site at which the
associated commerce,
trade, or business is
located (See Subsection
6-22.C.3).
* * *
SECTION 5. That Subsection 6-22, entitled "Supplementary Use Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
B. Storage of Motor Vehicles:
* * *
;-
Except as also provided in Subsection 6-22.C.. Storage of
tis motor vehicles shall be permitted only in the I-1 Light Industrial District.
no such stored motor vehicle shall be utilized as a Dwelling. and such stored motor
vehicles shall be fully screened from view as seen from any right-of-way or
adjoining property. when viewed from 5'-6" above Grade. with an opaque wood
fence. masonry wall. or other opaque screening device not less than six (6) feet in
height.
:
•- ::::.--,-:
• : . •• ::: -
. :.
C. Storage and/or Parking of Commercial and Construction Vehicles:
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Location Regulations
a. In the I-1 Light Industrial District and in all commercial districts,
Commercial Vehicles may be stored and/or parked on the same site
at which the associated commerce, trade, or business is located.
b. Commercial Vehicles stored and/or parked on a site other than the
site at which the associated commerce, trade, or business is located
shall only be permitted (i) in the I-1 Light Industrial District, and (ii)
pursuant to a Conditional Use permit in the CD -1 and CD -2 Districts.
Notwithstanding the foregoing, a single Commercial Vehicle that is
an automobile, van, pickup truck, or similar vehicle with exterior
business identification may be parked at the operator's residence,
within any zoning district, provided the vehicle is parked in a garage
or on a paved, permanent surface in a Side or Rear Yard and is not
visible from any right-of-way or adjoining property: however, any
automobile, van, pickup truck, or similar vehicle without exterior
business identification may be parked in accordance with the
underlying zoning district regulations and without further restriction.
e. Construction Vehicles shall only be stored and/or parked in the I-1
Light Industrial District or at a construction site upon which a
Building Permit has been obtained and remains active and valid.
2. Site Design Requirements
a. Any storage and/or parking of Commercial and Construction
Vehicles, other than those parked at a construction site. must be fully
screened from view as seen from any right-of-way or adjoining
property, when viewed from 5'-6" above Grade, with an opaque wood
fence, masonry wall, or other opaque screening device not less than
six (6) feet in height.
Parking spaces, back up areas and drives shall be appropriately
dimensioned for the type of vehicles being parked or stored.
e. Any Lot. except for those in the I-1 Light Industrial District, which
shall be used for the storage and/or parking of Commercial Vehicles
shall be required to satisfy the landscaping requirements of subsection
8-6,B.: provided, however, any Lot used for the storage and/or
parking of Commercial Vehicles as of the effective date of this
Ordinance shall be granted a period of three months after the effective
date of this Ordinance (which period shall expire on . 1997),
to achieve full compliance with the foregoing requirements.
d. The storage and/or parking of Commercial Vehicles pursuant to this
subsection shall be subject to the Design Review procedures,
requirements and criteria as set forth in subsection 18-2.
3. Criteria for Lots Subject to Conditional Use Approval:
In addition to the Site Design Requirements in Subsection 6-22.C.2., Lots
reviewed pursuant to the Conditional Use process shall also comply with the
following criteria:
a. A schedule of hours of vehicle storage and of hours of operation for
any business occupying the same lot where Commercial or
Construction vehicles are stored and/or parked shall be submitted for
review and approval by the Planning Board.
b. An application to permit the storage and/or parking of Commercial
Vehicles pursuant to this subsection shall be subject to the
Conditional Use procedures and criteria set forth in subsection 17-4.
SECTION 6. That Subsection 6-25, entitled "Supplementary Yard Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
B. Allowable Encroachments.
*
* * *
3. Boat, Boat Trailer, Camper Trailer, or Recreational -er—Gemmereitti Vehicle
Storage -
Front Yard of any district except thc I 1 Industrial District and thc Marine
. In all Districts,
accessory storage of such vehicles shall be limited to a paved, permanent surface area
within the Side or Rear Yards. no said vehicle shall be utilized as a Dwelling, and
Where permitted, if the said vehicles arc located in a Side or Rear Yard it shall
be screened from view ,
by a Person at ground level from any right-of-way or adjoining property when
viewed from 5'-6" above Grade. Nothing in this paragraph shall be construed to
prohibit a dry dock facility when such facility is associated with a Marina. 69
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SECTION 7. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention
of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become
and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the
sections of this ordinance may be renumbered or relettered to accomplish such intention; and that
the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 8. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day
of June , 1997.
PASSED and ADOPTED this 18th day of
ATTEST:
eadcd),--,
CITY CLERK
Underlined = new language
Strikeettt = deleted language
F:IPLANI$ALLIDRAFT_ORICCITYCOMICOMMV EH.618
DJG/JGG/WGF/MIIF
JUNE 18, 1997
1st reading 6/4/97
2nd reading 6/18/97
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:Uci. m iam i-beach.fl. us
COMMISSION MEMORANDUM NO. 41 11 --I
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Jose Garcia -Pedrosa
City Manager
DATE: June 18, 1997
SUBJECT: Second Reading Public Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Comprehensive
Zoning Ordinance No. 89-2665, by: Amending Section 3, Entitled "Definitions',
Amending Subsection 3-2, Entitled "Terms Defined", by Creating New
Definitions for Commercial Vehicle and Construction Vehicle and Eliminating
Definitions for Portable Dwelling Unit, Mobile Home, and Trailer; Amending
Section 5 Entitled "General Provisions" by Deleting Subsection 5-5, Entitled
"Tractor -Trailer, Trailer, Portable Dwelling Units"; Amending Section 6
Entitled "Schedule of District Regulations" Amending Subsection 6-6, Entitled
"CD -1 Commercial, Low Intensity" by Adding Commercial Vehicles as
Specified in Subsection 6-22,C.3. to the List of Conditional Uses in this District;
Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-7, Entitled "CD -2 Commercial, Medium Intensity"by Adding
Commercial Vehicles as Specified in Subsection 6-22,C.3. to the List of
Conditional Uses in this District; Amending Section 6 Entitled "Schedule of
District Regulations" Amending Subsection 6-22, Entitled "Supplementary Use
Regulations" by Clarifying the Conditions for the Storage of Motor Vehicles
and by Creating Regulations for the Storage and/or Parking of Commercial
Vehicles and Construction Vehicles; Amending Section 6 Entitled "Schedule
of District Regulations" Amending Subsection 6-25, Entitled "Supplementary
Yard Regulations" by Clarifying the Regulation for Storage of Boats, Boat
Trailers, Camper Trailers, and Recreational Vehicles; Providing for Inclusion
in the Zoning Ordinance; Repealer, Severability and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission adopt on second reading the proposed
ordinance, as amended, upon holding the second required hearing.
1
AGENDA ITEM
DATE 40-1 -_l
BACKGROUND
Within the past several years, the commercial film and photography industry has increased its presence
on Miami Beach. This expansion has created unique problems associated with the parking and storage
of the commercial vehicles (converted recreational vehicles) associated with this industry. Other
commercial businesses have similar problems in that stand alone parking facilities for these uses are
now only permitted in the I-1, Light Industrial District.
The City's Planning and Design staff reviewed the current Zoning Ordinance and ascertained a need to
improve parking design efficiency, decrease the overabundance of pavement, and improve the quality
and quantity of parking lot landscaping. Furthermore, staff has identified the parking of commercial
motor vehicles as an area of specific concern. Representatives of the film and photography industry
have reiterated this need at numerous public meetings, including the City's Land Use and Development
Committee.
The parking of commercial vehicles as an accessory use and as a main use needs to be clarified and
addressed in the Zoning Ordinance. The regulations that currently exist are excessively limiting.
However, with proper controls including a Conditional Use approval, they could be permitted in the
City's CD -1 and CD -2 Districts (Low and Medium Intensity Commercial). The key requirements
would be that said parking/storage lots be attractively screened from view and not have an adverse
impact on the surrounding area in terms of noise, traffic or other operational characteristics.
On September 11, 1996 the City Commission referred the matter to the Planning Board for its
consideration and recommendation back to the City Commission. The Planning Board was scheduled
to hold a public hearing on the item on November 26, 1996, however, the item was referred back to staff
for further refinement prior to the public hearing.
On March 25, 1997 the Planning Board held a public hearing regarding the amendment and voted
unanimously (7-0) to recommend its approval.
Subsequent to the Planning Board's approval, the Administration raised some concerns with the ability
to utilize these Commercial Vehicles as residences. In response, language has been added to the
ordinance to reinforce the prohibition of using these vehicles as any type of dwelling.
On May 21, 1997 the City Commission held a public hearing regarding the matter and instructed staff
to amend the proposed ordinance to provide for a minimum distance separation between residential
zoning districts and any site in a CD -1 and CD -2 District proposed for a Commercial Vehicle storage
and/or parking Conditional Use request. Staff has amended the ordinance to provide for a 100 ft.
separation and the revised language is shaded and underlined within Section 5 on page 5.
On June 4, 1997, the City Commission held the continued first public hearing and updated on first
reading the amended ordinance, as described above.
ANALYSIS
The amending ordinance is divided into six (6) separate sections. For convenience and in order to help
readers understand the amendment, each section is analyzed separately below.
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Section 1.
This section of the amending ordinance creates a new definition for 'Commercial Vehicle' and
'Construction Vehicle' within Section 3 of the current Zoning Ordinance. The new definition of
'Commercial Vehicle' would include motor homes or other support vehicles used in conjunction with
the photography and movie production industry. The new defmition for 'Construction Vehicle' would
include any vehicle or motorized equipment utilized for the manufacture of a structure. The two
definitions had the following language added after the Planning Board's public hearing: "and not
utilized as a Dwelling."
The terms 'Portable Dwelling Unit', 'Mobile Home' and 'Trailer' would be deleted from the definition
section of the Zoning Ordinance. These types of residential dwelling units are not permitted within the
City because the City is located within a high hazard coastal area. The City's Comprehensive Plan and
State and Federal guidelines restrict their use in these coastal areas that are subject to intermittent
flooding and high winds from hurricanes. Temporary construction trailers and temporary sales trailers
(or temporary manufactured or modular units) would remain as permitted temporary uses under the
current Zoning Code. The use of portable classrooms for schools (whether permanent or temporary)
would not be affected by the amendment.
Section 2,
This section deletes Sub -section 5-5 of the Zoning Ordinance regarding the terms 'tractor -trailer', 'trailer'
and 'portable dwelling units'. This reference is deleted for the above reasons and because a tractor -
trailer would now come under the newly created definition of 'Commercial Vehicle'.
Sections 3 & 4.
These sections of the amending ordinance amend the CD -1 and CD -2 District regulations to permit the
storage and/or parking of the newly defined 'Commercial Vehicle' as a Conditional Use (see Map A).
The Commercial Vehicle may be stored and/or parked on a site other than the site at which the
associated commerce, trade or business is located, subject to review and approval by the Planning Board
(as a Conditional Use). The new language also refers such an application to additional review criteria
that is created in Sub -section 6-22.C.3, which is discussed in Section 5, below.
Section 5,
This portion of the amendment contains the heart of the changes and is broken up into two parts; B and
C. These two parts are discussed below:
Part B. Storage of Motor Vehicles
Part B is a reference to the storage of motor vehicles. Currently the storage of motor vehicles is only
permitted in the I-1 Light Industrial District (see page 4). The amendment would now also permit the
storage of vehicles in the CD -1 and CD -2 Districts as a Conditional Use (see Sections 3 & 4, above).
A new requirement has been included in the language to clarify the screening of motor vehicles when
3
permitted. This new requirement would not change the existing height limitations already codified
within the Zoning Ordinance. Specifically, the screening requirement would read as follows:
"...stored motor vehicles shall be fully screened from view as seen from any right-of-
way or adjoining property. when viewed from 5'-6" above Grade. with an opaque
wood fence. masonry wall. or other opaque screening device not less than six (6) feet
in height"
The intent of this new requirement would be to totally screen the stored vehicles from public view
and/or the adjacent property when viewed from 5'-6" from grade. Other opaque screening devices
could be dense mature landscaping or hedge material. Currently, the I-1 district permits walls and
fences up to seven (7) feet in height around the entire perimeter of a property. All other districts
permit fences and walls up to a maximum of seven (7) feet in height within the rear and side yards
with certain restrictions regarding front yards, public right-of-ways and along golf courses or
waterways where the maximum height along the property line is five (5) feet. All zoning districts
allow hedges with no height limitation, provided they are kept neat, evenly trimmed and properly
maintained. Corner visibility requirements must also be maintained pursuant to Section 6-26. The
following language was added to this Section after the Planning Board's public hearing: "no such stored
motor vehicle shall be utilized as a Dwelling."
Part C. Storage and/or parking of Commercial and Construction Vehicles
Part C would be created with new regulations regarding the location, site design and additional
Conditional Use review criteria for the storage and/or parking of Commercial and Construction
Vehicles (see pages 4, 5 and 6 of the amendment).
In the I-1 Light Industrial District and in all commercial districts, Commercial Vehicles would be
permitted to be stored and/or parked on the same site at which the associated commerce, trade, or
business is located provided all the new regulations, herein, have been met.
At the City Commission public hearing held on May 21, 1997, the City Commission and the public
expressed concern regarding the potential negative impact the amendment could have on single family
and multifamily districts that were in close proximity of sites that might be used for the parking or
storage of commercial vehicles. Based on these concerns, the amendment was revised to specifically
include the following language:
]Z,. Commercial Vehicles stored and/or parked on a site other than the site at which the
associated commerce. trade. or business is located shall only be permitted (i) in the I-1
Light Industrial District. and (ii) pursuant to a Conditional Use permit in the CD -1 and
CD -2 Districts. Provided that any site iii tho_ CD 1 and CD 2 DtstriQtg used for
Cori mercial Vehibletitorage am M par- nri u _" 100 eet a`f'Lot ne
of a property in a Single Family District or Multi Family District. Notwithstanding the
foregoing. a single Commercial Vehicle that is an automobile. van. pickup truck. or
similar vehicle with exterior business identification may be parked at the operator's
residence. within any zoning district. provided the vehicle is parked in a garage or on
a paved. permanent surface in a Side or Rear Yard and is not visible from any right-of-
wav or adjoining property: however. any automobile. van. pickup truck, or similar
vehicle without exterior business identification may be parked in accordance with the
4
underlying zoning district regulations and without further restriction.
With the inclusion of the 100 ft. distance separation as now proposed above, those areas within the City
that would allow Commercial Vehicles to be stored and/or parked on a site other than the site at which
the associated commerce, trade, or business would be limited to an area close to the I-1 District on Purdy
Avenue and Alton Road from 15th Street to 19th Street, a limited area along Washington Avenue
between 6th Street and 16th Street, an area between Bay Drive and Rue Notre Dame on 71st Street and
an area on Collins Avenue between 73rd and 75th Streets. In practicality, due to historic district
designations and the present non-availability of vacant land, the area most probable for this type of
development would be the area surrounding the Bay Road/West Avenue industrial district.
Construction Vehicles would only be stored and/or parked in the I-1 Light Industrial District or at a
construction site upon which a Building Permit has been obtained and remains active and valid.
Of special interest is a new requirement that would allow one Commercial Vehicle (as newly defined)
that is an automobile, van, pickup truck, or similar vehicle with exterior business identification to be
parked at the operator's residence, within any zoning district (including single family), provided the
vehicle is parked in a garage or on a paved, permanent surface in a Side or Rear Yard and is not visible
from any right-of-way or adjoining property. Also, any automobile, van, pickup truck, or similar
vehicle without exterior business identification could be parked in accordance with the underlying
zoning district regulations and without further restriction.
Site design requirements would include the newly created screening requirements, as previously
discussed above, and parking spaces, back up areas and drives which would be required to provide
appropriate dimensions depending on the type of vehicles being parked or stored.
Any parking lot, except for those in the I-1 Light Industrial District, which would be used for the
storage and/or parking of Commercial Vehicles would be required to satisfy the landscaping
requirements within the Zoning Ordinance, provided any parking lot used for the storage and/or parking
of Commercial Vehicles as of the effective date of this Ordinance would be granted a period of three
(3) months after the effective date of this Ordinance to achieve full compliance with the foregoing
requirements. The storage and/or parking of Commercial Vehicles pursuant to this subsection would
be subject to the Design Review procedures, requirements and criteria as set forth in subsection 18-2.
In addition to the Site Design Requirements proposed, herein, and the Conditional Use procedures and
criteria set forth in Subsection 17-4, an application for a parking lot, reviewed pursuant to the
Conditional Use procedures, would also provide a schedule regarding the hours of vehicle storage and
a schedule for hours of operation for any business occupying the same lot where Commercial or
Construction vehicles are stored and/or parked. The use of these stored vehicles for living quarters or
residential units would be strictly prohibited.
Section 6.
This section of the amending ordinance clarifies the current regulations regarding the accessory storage
of a boat, boat trailer, camper trailer, or recreational vehicle. The new screening criteria would be
required within any zoning district when said vehicles are stored within a side or rear yard. The storage
of these vehicles would also be prohibited within the front yard of all zoning districts including the I-1
5
Light Industrial and the MR Marine Recreational districts. The following language was added to this
Section after the Planning Board's public hearing: "no said vehicle shall be utilized as a Dwelling."
Sections 7. 8, 9 & 10.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning
Board and the City Commission are to consider the prescribed review criteria, when applicable, for such
changes. Since the amending ordinance would change the conditional use category for the CD -1 and
CD -2 Districts, the review criteria were determined to be applicable to this amendment request.
In reviewing a request for an amendment to the Zoning Ordinance which involves a change in permitted
or conditional land use, the City Commission shall consider the following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent -
The amendment would not require an amendment to the Future Land Use Map
of the Comprehensive Plan. The amendment is not contrary to any
neighborhood or Redevelopment plan. There are no CD -1 or CD -2 Zoning
Districts located in the South Pointe Redevelopment Area.
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts;
Consistent -
The amendment would not change the underlying zoning district for any areas
within the City. The intent of the amendment is to provide a broader definition
of commercial vehicles and improve the regulations for the parking and\or
storage of said vehicles.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Consistent - The amendment is in keeping with the overall goal of the City to provide
necessary parking and/or storage facilities for commercial film and photography
industry vehicles, as well as other commercial vehicles, while also regulating
these types of special use facilities through the Conditional Use procedures. The
amendment also clarifies what types of commercial vehicles may be parked at
residential sites.
4. Whether the proposed change would tax the existing load on public facilities and infrastructure;
Consistent - Staff is of the opinion that the LOS for the area public facilities and
infrastructure should not be negatively affected by the proposed amending
ordinance, if at all. Indeed, the parking and\or storage of Commercial Vehicles
should not create a greater demand on public facilities than a fully operational
parking lot.
6
'r
5. Whether existing district boundaries are illogically drawn in relation to existing conditions on
the property proposed for change;
Not Applicable - The underlying zoning district boundaries would not be changed by the
amendment.
6. Whether changed or changing conditions make the passage of the proposed change necessary;
Consistent - As the commercial photography and movie production industry continues to
evolve and there is an increasing need for these types of parking and\or storage
facilities, it is warranted that the existing land use regulations be amended to
include these proposed uses in areas where said uses are most compatible, i.e.,
districts already permitting commercial parking lots as a main permitted use
(CD -1 and CD -2). The nature of doing business has changed and a more
flexible definition with regard to the parking of commercial vehicles with no
business identification in residential areas is warranted.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent -
The proposed changes should not negatively effect living conditions or the
quality of life for surrounding properties. Any proposed commercial vehicle
project, if designed and operated properly, should not adversely influence living
conditions if adequate conditions are imposed to control the nature of the
operation (via the Conditional Use procedures) and the design issues, as
proposed, are met.
8. Whether the proposed change will create or excessively increase traffic congestion beyond the
Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or public
safety should not be negatively affected by the proposed amending ordinance.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent - The amendment would not change the existing development regulations for
construction within the CD -1, CD -2 or I-1 Light Industrial Districts. The
amendment proposes increased landscape requirements and adequate screening
devices which, in staffs opinion, should not reduce light and air to adjacent
properties.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - Staff is of the opinion that property values, in the adjacent areas would not be
7
negatively affected by the proposed amendment. Indeed, the increased
landscape and visual buffering requirements proposed within the amendment
could conceivably increase adjacent property values -- if not do anything to
diminish values.
11. Whether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations;
Consistent - The proposed amendment will not change the development regulations for
adjacent sites which must comply with their own site specific development
regulations. Furthermore, the proposed ordinance should not affect the ability
for an adjacent property to be developed in accordance with said regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Consistent -
The existing Zoning Ordinance does not permit the parking and\or storage of
Commercial Vehicles except in the I-1 Light Industrial District. The amendment
is the appropriate response to allowing the parking and\or storage of
Commercial Vehicles via the Conditional Use procedures. The amendment also
clarifies the regulations regarding Construction Vehicles and the storage of a
boat, boat trailer, camper or recreational vehicle; further, it allows for limited
parking of commercial vehicles in residential areas, as long as they have no
visible business identification.
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Consistent - These types of proposed parking or storage facilities are not currently permitted
within any zoning district within the City except the I-1 Light Industrial District.
CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should adopt the
attached ordinance, as amended, on second reading, after holding a second public hearing.
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