Miami-Dade Legislative Item
File Number: 030396
   

File Number: 030396 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-41 Control: County Commission
File Name: ORDINANCE PERTAINING TO SETBACKS Introduced: 2/7/2003
Requester: NONE Cost: Final Action: 3/11/2003
Agenda Date: 3/11/2003 Agenda Item Number: 6D
Notes: Title: ORDINANCE PERTAINING TO ZONING; PROVIDING FOR INCREASED SIDE STREET AND INTERIOR SIDE SETBACKS WHERE THE GU (GENERAL USE) ZONING DISTRICT ABUTS A BU (BUSINESS) OR IU-1, IU-2 OR IU-3 ZONING DISTRICT, EXCEPT UPON PRESCRIBED CIRCUMSTANCES; AMENDING SECTION 33-51 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE''); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/11/2003 6D Adopted P

Governmental Operations and Environment Committee 2/7/2003 2C Substitute Forwarded to BCC with a favorable recommendation P
REPORT: There being no persons to appear in connection with the foregoing item the public hearing was closed. Assistant County Attorney Joni Armstrong-Coffey noted the substitute ordinance conformed to existing Code provisions and provided that the new setback provision parallel the existing Code.

County Attorney 2/7/2003 Assigned Joni Coffey 2/7/2003

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; PROVIDING FOR INCREASED SIDE STREET AND INTERIOR SIDE SETBACKS WHERE THE GU (GENERAL USE) ZONING DISTRICT ABUTS A BU (BUSINESS) OR IU-1, IU-2 OR IU-3 ZONING DISTRICT, EXCEPT UPON PRESCRIBED CIRCUMSTANCES; AMENDING SECTION 33-51 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("CODE"); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-51 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-51. Setbacks in business and industrial districts.

The minimum setback distances and spacing requirements in all business districts and in IU-1, IU-2 and IU-3 Industrial Districts (see Section 33-273 for IU-C setback requirements) shall be as follows:

Front - Twenty (20) feet.

Side street - Fifteen (15) feet, except where an RU >>, <<[[or]] EU >>or GU<< lot abuts a business or industrial lot, then the side street setback shall be twenty-five (25) feet on any part of the commercial structure located within twenty-five (25) feet of the residential district boundary; >>provided, however, if an abutting GU lot is depicted as "Industrial & Office" on the adopted Land Use Plan map of the Comprehensive Development Master Plan and no building permit has been issued for a residence at the time of the approval of the building permit for the business or industrial use, the setback shall be fifteen (15) feet from the side street property line.<<

Interior side - Zero (0) feet where the adjacent property is BU or IU Districts and where the use of the building is limited exclusively to business or industrial use. The wall along the side property line shall be constructed in accordance with the South Florida Building Code.

Five (5) feet where any openings are provided in the wall of the proposed structure, adjacent to the interior side property lot line.

Ten (10) feet for such portions of the business structure as are devoted to residential use.

Fifteen (15) feet where the adjacent property is zoned RU, EU >>or GU. It is provided, however, that where an abutting GU lot is depicted as "Industrial & Office" on the adopted Land Use Plan map of the Comprehensive Development Master Plan and no building permit has been issued for a residence at the time of the approval of the building permit for the business or industrial use, in such instances the setback shall be:

Zero (0) feet where the wall along the interior side property line is unpierced and constructed in accordance with the Florida Building Code; or

Five (5) feet where any openings are provided in the wall of the proposed structure, adjacent to the interior side property lot line.<<

* * *

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site 2014 Miami-Dade County.
All rights reserved.