§ 33-13. Unusual uses.

(a)

Prohibited in residential district. Any use of premises in a residential district which conflicts with normal and expected use in the district is prohibited.

(b)

Teaching music; raising poultry. The teaching of music for profit, the raising of poultry for sale, and other occupations which are operated as a business shall not be permitted in any district where such use obviously is in conflict with the prescribed and expected uses therein.

(c)

Reserved.

(d)

Cultural arts shall be classified as a business or industry for the purpose of this chapter, except as taught in a building located as specified in section on buildings of public assemblage.

(e)

Unusual and new uses.

(i)

Unless approved upon public hearing, the following unusual uses or uses similar thereto shall not be permitted in any district save and except in those districts that permit such uses without a public hearing:

(1)

Airport;

(2)

Airplane crop dusting field;

(3)

All zoning applications by State and municipal entities and agencies;

(4)

Amusement rides and enterprises;

(5)

Amusement center (except in BU-1A Zone in which such use is permitted);

(6)

Archery ranges;

(7)

Art galleries and museums (educational and philanthropic) in districts more restrictive than RU-4;

(8)

Auction sales;

(9)

Auto, truck, machinery salvage yards;

(10)

Bathing beach;

(11)

Boat salvage;

(12)

Bombing field;

(13)

Canal excavation, where not a part of C. & S. F. F. C. D. and County secondary canal system;

(14)

Carnivals, circuses;

(15)

Convalescent homes;

(16)

Day camp;

(17)

Day nursery in zone more restrictive than RU-3;

(18)

Dog kennel, in district more restrictive than BU-3 or IU-1;

(19)

Dog training track;

(20)

Electric substation;

(21)

Electric power plant;

(22)

Frog farm;

(23)

Garbage and waste dumps;

(24)

Gas distribution system and plant;

(25)

Golf course except in RU-1 and other Districts where the same is a permitted use; golf course clubhouse and incidental uses in all districts more restrictive than the BU-1 District; golf driving range;

(26)

Gypsy camp;

(27)

Heliports;

(28)

Homes of the aged (except group homes and community residential homes where same is a permitted use);

(29)

Homes for dependent children (except group homes and community residential homes where same is a permitted use);

(30)

Hospitals (not animal hospital) in district more restrictive than RU-4;

(31)

Incinerators;

(32)

Indian village;

(33)

Institutions for handicapped persons (except group homes and community residential homes where same is a permitted use), including, but not limited to, incidental related facilities such as workshops, sales of products fabricated therein, residential quarters, educational training facilities;

(34)

Infirmary, commissary, or any one or combination of such related incidental facilities;

(35)

Junkyard;

(36)

Kindergarten in zones more restrictive than RU-3;

(37)

Lake excavation and asphalt plant, concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection with lake excavation(s), excluding those uses expressly allowed in the "Rockmining Overlay Zoning Area" as defined in Section 33-152;

(38)

Landing field;

(39)

Movie (open air) except as provided in BU-1A Zone;

(40)

Nightclub in BU-2 or more liberal districts;

(41)

Nursing homes;

(42)

Oil and gas well drilling and essential, incidental uses thereto, such as minimum storage facilities; in AU and GU Districts subject to conformance to all applicable Florida State statutes and rules and regulations of the State Board of Conservation and other applicable state rules and regulations;

(43)

Outdoor display;

(44)

Outdoor paint testing laboratory;

(45)

Outdoor patios and table service in connection with restaurants in zones more restrictive than BU-1 and IU-1;

(46)

Palmist and psychic readers;

(47)

Parking (noncommercial parking in zones more restrictive than in which the use it serves is located);

(48)

Pistol ranges;

(49)

Pony rings;

(50)

Private club in RU-3B and RU-3 and more restrictive districts, including, but not limited to, AU and GU Districts;

(51)

Private playgrounds and recreational area; except for those allowed pursuant to Section 33-199;

(52)

Public and private utility facilities such as electricity, gas, water, telephone, telegraph, cable TV., and including work centers (repair and storage areas for trucks, heavy equipment, pipe, meters, valves, cable, poles) as accessory uses, and including sewage treatment plants and lift stations and water treatment plants and pumping stations, excluding temporary package water and sewage treatment plants approved by the Environmental Quality Control Board and until December 31, 2008, excluding any telecommunications antenna owned and operated by a telecommunications company providing services to the public for hire attached to any pole or H-frame or lattice structure owned by a utility which is used in and is part of the utility's network for the provision of electric services, provided that (a) equipment appurtenant to the antenna is maintained on the utility pole or structure, (b) the utility pole or structure does not exceed 125 feet in height above ground unless the utility pole or structure is located in an easement or right-of-way which is greater than fifty (50) feet in width or, if less than fifty (50) feet in width, such easement or right-of-way is adjacent to and parallel with road right-of-way which is one hundred (100) feet or greater in width, and (c) the antenna was attached to the utility pole or structure prior to January 1, 1997;

(53)

Race tracks;

(54)

Retirement villages, including as an accessory use commercial facilities of the BU-1 type;

(55)

Rifle range;

(56)

Rock pits (filling of);

(57)

Rock quarries;

(58)

Shopping center promotional activities;

(59)

Skeet range;

(60)

Subdivision entrance gates and entrance features not conforming to regulations;

(61)

Testing laboratory or plant;

(62)

Tourist attractions;

(63)

Radio and TV transmitting stations;

(64)

Trailer as watchman's quarters;

(65)

Trailers or tourist camp;

(66)

Trap range;

(67)

Water tank and tower;

(68)

Water treatment plant;

(69)

Water use facilities; and

(70)

Wireless Supported Service Facilities except as provided for in Section 33-63.2 and 33-63.3; wood burning barbecue (commercial); zoo (except in public park).

(ii)

Residential complex. A complex of buildings used or intended to be used as one (1) private home and residence containing the usual sleeping quarters, cooking, living, sanitary, ventilating, lighting and heating facilities where there is but one (1) kitchen and dining facility, both contained in the same building, although other residential rooms may be in separate buildings but so planned and situated as to be used only as a residence by one (1) family and not as separate rental units, may be permitted if approved after public hearing; and if so approved, an exception may be granted to the requirements for the spacing between the buildings of the complex, and to the setbacks from the property lines where the same abuts a waterway, body of water, park, playground, golf course, railroad right-of-way and similar open spaces.

(iii)

New uses. Those uses or enterprises similar to those enumerated in the Business (BU) or Industrial (IU) Districts will be permitted in the BU or IU Districts which permits one (1) or more similar uses; provided the Director finds that such new use is not more objectionable than the enumerated uses in such district, is similar thereto and will be compatible therewith. No use that is enumerated in any BU or IU District will be permitted in a more restrictive district.

(iv)

Excavation accompanied by class I or class IV permit. A public hearing for the following unusual uses or uses similar thereto within coastal or freshwater wetlands, as defined in Section 24-3 of the Code of Miami-Dade County, shall be held by the Community Zoning Appeals Board and shall include a simultaneous public hearing for class I or class IV permit applications as provided pursuant to Section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested): Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(v)

Amendments or modifications to previously approved excavations accompanied by class I or class IV permit. The permit applicant may, at his or her option, obtain a public hearing before the Community Zoning Appeals Board for amendments or modifications to the following previously approved unusual uses or uses similar thereto, said public hearing to be held simultaneously to the public hearing required for a class I or class IV permit application, as provided pursuant to Section 24-58.2 of the Code of Miami-Dade County:

(1)

Canal excavation;

(2)

Lake excavation, including the following ancillary uses (if requested): Concrete batching plant, concrete block plant, prestressed and precast concrete products plant, rock crushing and screening plant ancillary thereto or in connection therewith;

(3)

Rock pits (filling of);

(4)

Rock quarries and other lake excavations.

(vi)

Lake excavation outside the Urban Development Boundary for zoning districts authorizing residential uses. Notwithstanding any other provisions of this section, section 33-16, or other provision to the contrary, for a lake excavation outside of the Urban Development Boundary in a zoning district authorizing residential uses, the off-site transfer of any fill or aggregate material produced or gained as a result of the lake excavation shall be prohibited. All such excavated material shall be retained on site or used as fill for uses on the site. Relief from these requirements shall be permitted only pursuant to the standards and requirements for non-use variances set forth in section 33-311(A)(4)(b). This subsection shall not apply to the following:

(1)

Properties located within the Rock Mining Overlay Zoning Area (ROZA) as defined in article XLI or that are otherwise approved for a bona fide rock mining use; and

(2)

Comprehensive Everglades Restoration Projects or similar environmental restoration projects by a federal, state, or local government agency, as determined by the Department's Division of Environmental Resources Management, or successor entity.

(f)

Exception for sewer lift stations and pumping stations. Notwithstanding the requirements of Section 33-13(e) or any other sections of this Chapter, sewer lift stations and pumping stations, including generators in connection with such stations and any other structures necessary to their operation, shall not be considered an unusual use requiring a public hearing in any zoning district where:

(1)

Stations and accessory structures including generators in connection with such stations are required by the Miami-Dade County Water and Sewer Department or other service providers as a condition of service;

(2)

Stations and accessory structures including generators in connection with such stations are located and required to serve development(s) within the Urban Development Boundary (UDB) as indicated on the Comprehensive Development Master Land Use Plan Map (LUP);

(3)

A landscape plan for such stations has been submitted to and approved by the Director; indicating hedges (a) a minimum of three (3) feet in height when measured immediately after planting; and (b) planted and maintained to form a visual screen around the site within one (1) year after the time of planting, except that openings shall be required for providing adequate ingress, egress, and maintenance to the site for the purpose of maintaining said stations and accessory structures; and

(4)

All fencing is to be provided on site in accordance with the requirements of Section 33-11(g).

Additionally, where the requirements of this subsection have been met, lift stations and pumping stations, including generators and any other structures necessary to their operation, may be placed upon a site without regard to lot width, lot area, lot coverage or setback requirements established in this Chapter for the applicable zoning district.

(g)

Circuses or carnivals may be operated on GU and AU properties which are located within the Urban Development Boundary, and in BU-2 and all IU Districts, and on properties having a current certificate of use for church or school use without a public hearing as prescribed in the above paragraph, provided:

(1)

Written waivers of objection for the specific use and length of time that the carnival or circus will remain in the location are obtained from fifty (50) percent of all property owners within two hundred fifty (250) feet.

(2)

Written waivers of objection are obtained from forty (40) percent of homeowners and residential building owners and residential tenants within five hundred (500) feet and subsequent investigation by the Director does not determine other objections, and provided further that no such use shall be for more than fifteen (15) days.

(3)

Carnival and circus use on school, church or shopping center premises shall be limited to four (4) events per calendar year. The first two of such events shall not be subject to the restrictions listed in (g)(1) and (g)(2), provided that no such event shall be for more than fifteen (15) days.

(4)

The necessity for waivers of objection as enumerated in (f)(1) and (2) above shall be waived by the Director on developed shopping center sites containing not less than sixty (60) acres where the rides, tents and booths associated with the event are set back a minimum of five hundred (500) feet from any residential structure, providing subsequent investigation by the Director does not determine any objections related to health, safety, or welfare.

(h)

Mobile Food Service Operations Special Event (MOFSE). Special event consisting of a concentration of Mobile Food Service Operations shall be permitted without a public hearing provided:

(1)

The MOFSE shall:

(a)

Be limited to one (1) MOFSE per week not to exceed three consecutive days at a given site.

(b)

Be permitted to operate in properties in commercial, industrial, urban center districts, GU (where trended for industrial or commercial use) zoning districts and in residential zoning districts on properties having a current Certificate of Use and occupancy as a museum, hospital, school, government facility or church.

(c)

Operate no later than 10:00 p.m. on weekdays, midnight on weekends, and 1:00 a.m. on weekends in industrial areas where there are no residential areas within one thousand (1,000) feet. Up to four days per year, a MOFSE may operate until midnight on a weekday, provided that it occurs on a holiday, and provided that these four dates are included as part of the schedule of events provided in the application and are indicated on the Certificate of Use.

(d)

Not permit the sale of alcoholic beverages.

(e)

Obtain a building permit from the Building and Neighborhood Compliance Department in the event of erection of temporary structures or stages.

(2)

A Certificate of Use shall be obtained for each MOFSE site on an annual basis.

(a)

A Certificate of Use (CU) package for MOFSE sites shall be obtained, completed and submitted to the Department of Planning and Zoning. The completed package shall include all of the following:

(1)

Notarized letter from property owner of record authorizing the MOFSE described in the application package and designating a MOFSE Coordinator and an alternate.

(2)

Written waivers of objection from eighty (80) percent of the owners or residents of residentially zoned properties within one thousand (1,000) feet. The Director shall not count unoccupied properties in calculating the eighty (80) percent.

(3)

Schedule of events.

(4)

Notification and sign-off from Miami-Dade Police Department.

(5)

A traffic safety and security plan.

(6)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.

(7)

Copies of State licenses of each of the individual Mobile Food Service Operations participating.

(8)

The maximum number of individual Mobile Food Service Operations which may be present at the MOFSE. This maximum number shall be indicated on the Certificate of Use.

(9)

Site plan or survey indicating the following, which shall consider the MOFSE's estimated public attendees and the maximum number of individual Mobile Food Service Operations:

(a)

General placement of the individual Mobile Food Service Operations.

(b)

Location of refuse facilities, if not hauled away by the individual Mobile Food Service Operations.

(c)

Location of sanitation facilities.

(d)

Location of on-site and off-site parking areas.

(e)

Lighting fixtures, if applicable.

(f)

Rights-of-way, internal circulation and ingress and egress.

(g)

Class A (temporary signs) shall meet the requirements for special event signage. Location, number and size shall be indicated on the site plan.

(b)

If it is found that the MOFSE is operating in manner not consistent with the representations made in the application package provided to the Department or that the MOFSE coordinator fails to comply with the provisions of Section 33-13(h)(3), the Director shall have the authority to revoke the CU immediately.

(3)

MOFSE Coordinator. The designated MOFSE Coordinator or alternate shall:

(a)

Assist in the placement/positioning of individual Mobile Food Service Operations in a MOFSE.

(b)

Maintain for inspection at MOFSE site all pertinent documentation provided by the individual Mobile Food Service Operations such as proof of licensing and insurance.

(c)

Assure compliance with hours, clean-up and other CU requirements.

(4)

MOFSE located at County parks, sports stadiums or racetracks during events shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(i)

Farmers' Markets may be operated on BU and IU properties and on properties having a current certificate of use and occupancy for church, school, museum, hospital, parks or government facility without a public hearing, provided:

(1)

Farmers' markets shall not operate more than once a week, from sunrise to sunset. A farmers' market operator seeking hours past sunset or additional days shall provide waivers of objection from fifty (50) percent of the property owners within a two-hundred and fifty (250) foot radius of the farmers' market use.

(2)

Farmers' markets sales shall be limited to the following:

(i)

Edible farm products including, but not limited to, fruits and vegetables, provided that a majority of the agricultural products offered for sale are grown in Miami-Dade County.

(ii)

Plants.

(iii)

Teas and spices.

(iv)

Locally prepared food such as jams, jellies, breads, cakes and similar products.

(v)

The on-site preparation of juices, smoothies, coffee, and similar items is allowed.

(vi)

Except as provided herein, the on-site cooking of food shall be prohibited. It is provided, however, that microwaves, hot plates, Sterno, or other similar warming devices may be used to warm pre-cooked foods.

(vii)

At least fifty-one (51) percent of the products sold shall be fruits, vegetables and plants.

(3)

Farmers' markets may host healthy living, educational sessions, including healthy cooking demonstrations.

(4)

No permanent structures shall be erected, except that, where an existing structure is permitted for the primary use allowed on the property, the farmers' market may be conducted within that structure.

(5)

If the Director determines that the farmers' market use becomes a hazard to health, safety, or welfare, the farmers' market use shall be discontinued.

(6)

A Certificate of Use shall be obtained for the farmers' market on an annual basis.

(i)

A Certificate of Use (CU) package for Farmers' Market sites shall be obtained, completed and submitted to the Department of Regulatory and Economic Resources. The completed package shall include all of the following:

(a)

Notarized letter from property owner of record authorizing the Farmers' Market described in the application.

(b)

Narrative from applicant describing the hours of operations, estimated public attendance, and description of any other amenities provided.

(c)

Verification that a majority of the farm products offered for sale are grown in Miami-Dade County.

(d)

The maximum number of vendors. This maximum number shall be indicated on the Certificate of Use.

(e)

Site plan or survey indicating the following:

(1)

General placement of the individual vendors.

(2)

Location of refuse facilities.

(3)

Location of on-site and off-site parking areas.

(4)

Rights-of-way, internal circulation and ingress and egress.

(5)

Class A (temporary signs) shall meet the requirements for special event signage. Location, number and size shall be indicated on the site plan.

(7)

Farmers' markets located at County parks, sports stadiums or racetracks shall be exempt from the requirements of this section but must otherwise comply with all other applicable requirements in this Code.

(Ord. No. 57-19, § 5(I), 10-22-57; Ord. No. 60-15, 4-26-60; Ord. No. 62-22, § 2, 5-15-62; Ord. No. 63-8, § 1, 3-12-63; Ord. No. 63-11, § 2, 4-2-63; Ord. No. 64-11, § 1, 4-7-64; Ord. No. 64-58, § 1, 11-17-64; Ord. No. 65-6, § 1, 1-26-65; Ord. No. 65-12, § 1, 2-16-65; Ord. No. 65-13, § 1, 3-16-65; Ord. No. 65-23, § 1, 4-6-65; Ord. No. 66-65, § 1, 12-20-66; Ord. No. 68-1, § 2, 1-9-68; Ord. No. 68-18, § 1, 4-16-68; Ord. No. 71-41, § 2, 5-18-71; Ord. No. 76-5, § 2, 1-20-76; Ord. No. 76-37, § 1, 4-20-76; Ord. No. 77-43, § 1, 6-21-77; Ord. No. 83-70, § 14, 9-6-83; Ord. No. 87-4, § 1, 2-3-87; Ord. No. 88-83, § 1, 10-4-88; Ord. No. 89-45, § 2, 5-23-89; Ord. No. 89-46, § 2, 5-23-89; Ord. No. 90-107, § 2, 9-25-90; Ord. No. 91-51, § 5, 5-7-91; Ord. No. 91-93, § 1, 9-16-91; Ord. No. 95-219, § 1, 12-5-95; Ord. No. 96-127, § 4, 9-4-96; Ord. No. 98-173, § 1, 12-1-98; Ord. No. 99-122, § 1, 9-21-99; Ord. No. 00-101, § 1, 7-25-00; Ord. No. 01-02, § 5, 1-23-01; Ord. No. 01-16, § 1, 1-23-01; Ord. No. 04-163, § 1, 9-9-04; Ord. No. 08-11, § 2, 1-22-08; Ord. No. 09-47, § 1, 6-2-09; Ord. No. 11-32, § 2, 5-17-11; Ord. No. 12-108, § 1, 12-4-12; Ord. No. 12-111, § 1, 12-18-12; Ord. No. 14-58, § 1, 7-1-14; Ord. No. 17-7, § 1, 1-24-17)