Miami-Dade Legislative Item
File Number: 112270
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File Number: 112270 File Type: Ordinance Status: In Committee
Version: 0 Reference: 11-85 Control: Board of County Commissioners
File Name: ZONING AMENDING SEC 33-259 FOR HOME IMPROVEMENT Introduced: 10/25/2011
Requester: NONE Cost: Final Action: 11/15/2011
Agenda Date: 11/15/2011 Agenda Item Number: 5C
Notes: Title: ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOME IMPROVEMENT WAREHOUSES IN THE IU-1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Joe A. Martinez, 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 11/15/2011 5C Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Chairman Moss opened the public hearing and called for persons wishing to speak to on this item. He closed the public hearing after no one appeared. Hearing no questions or comments, the Board proceeded to vote.

Board of County Commissioners 11/3/2011 Tentatively scheduled for a public hearing Board of County Commissioners 11/15/2011

Board of County Commissioners 11/3/2011 4F Adopted on first reading 11/15/2011 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the Commission proceeded to vote on the foregoing proposed ordinance. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on November 15, 2011.

County Attorney 10/25/2011 Referred Infrastructure and Land Use Committee 12/14/2011

County Attorney 10/25/2011 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR HOME IMPROVEMENT WAREHOUSES IN THE IU-1, INDUSTRIAL, LIGHT MANUFACTURING DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 33-259 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1

Sec. 33-259. Uses permitted.

No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU-1 District, excepting for one (1) or more of the following:

* * *

>>(87.1) Home Improvement Warehouses—the sale of a variety of home improvement products, including hardware, construction supplies, electrical and plumbing fixtures, lumber, tools, and lawn and garden supplies to contractors, developers, and wholesale and retail consumers, subject to the following conditions:

(a) the subject use shall be located on a site having access on a major access road, including major roadways (three (3) or more lanes) and frontage roadways serving limited access highways and expressways, or on a minor roadway as depicted on the adopted Comprehension Development Master Plan, Land Use Plan map, within one-quarter (1/4) mile of that roadway’s intersection with a major roadway;

(b) the short term rental of tools, compressors, chainsaws, ladders, post hole diggers, hand trucks and similar equipment and trucks (for the convenience of customers purchasing items) may only be provided as an accessory use;

(c) the subject use is permitted only as a freestanding structure on a site of twenty (20) acres or less and containing no less than 100,000 square feet of gross building floor area;

(d) setbacks as required for the principal building shall apply to all storage, display, and sales areas;

(e) parking shall be provided in accordance with Section 33124(h)(3.1) of this chapter;

(f) site plan review shall meet the criteria set forth in Section 33-261.1 of this article.<<

* * *

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.



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