§ 33-238. Uses permitted.

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

(1)

Residential uses may be permitted as a combination of permitted business uses and residential uses housed in the same building; the floor area of the residential use shall not exceed fifty (50) percent of the floor area of the building.

(1.1)

Workforce housing units in compliance with the provisions of this section and Article XIIA of this Code.

(1.2)

Allied health care clinical colleges/universities.

(1.3)

Adult day care center.

(1.4)

Agricultural uses are authorized in electrical utility easements, public properties, and railroad rights-of-way, with the consent of the property owner and utility easement holder (when applicable), subject to the following conditions:

(a)

No on-site retail sales shall be permitted;

(b)

The use shall be conducted on sites with a minimum of one (1) acre;

(c)

Permitted agricultural uses shall include horticulture, floriculture, viticulture, forestry and apiculture;

(d)

No permanent structures shall be permitted;

(e)

Where parking is provided on-site, the parking spaces shall be provided on an unimproved surface;

(f)

If a nursery is located in an easement or right-of-way identified in the Metropolitan Planning Organization's Bicycle Facilities Plan or in the County's Park and Open Space Master Plan as part of the County's bicycle network or as a greenway/trail, a bicycle and pedestrian easement may be provided subject to the property owner's and utility easement holder's (when applicable) approval;

(g)

A Certificate of Use shall be obtained, and shall be renewed annually subject to the conditions contained in this subsection; and

(h)

The use shall not be located closer than 25' to the boundary of a residentially-zoned property or a property designated on the Land Use Plan (LUP) map for residential use.

(2)

Antique shops.

(3)

Apparel stores selling new and/or used merchandise, provided such establishments offering used merchandise contain not more than four thousand (4,000) square feet of gross floor area. The incidental sales of used jewelry, used toys, and used furniture shall be permitted in conjunction with the sales of used apparel, provided that the floor area devoted to the display of those incidental sales items does not exceed thirty (30) percent of the total gross floor area of the apparel store.

(4)

Art good stores, artist studios and photograph shops and galleries.

(5)

Attended, nonmotorized donation collection vehicles as described in Section 33-19; provided, however, that such attended non-motorized donation collection vehicles are placed only on improved property on sites of not less than one-half acre in size, in compliance with required setbacks, and not in required landscape areas or required parking areas and not in an area which would impede traffic circulation. It is further provided, that no attended non-motorized donation collection vehicle shall be placed within twenty-six hundred (2600) feet of another non-motorized donation collection vehicle; the distance shall be measured by following a straight line from the nearest property line where the proposed attended, non-motorized donation collection vehicle is to be located to the nearest property line of an existing attended, non-motorized donation collection vehicle. Notwithstanding any ordinance, resolution or administrative order to the contrary no fee shall be charged for the issuance of a certificate of use and occupancy.

(6)

Banks, excluding drive-in teller service.

(7)

Beauty parlors.

(8)

Bakeries, retail only (baking permitted on premises).

(9)

Barber shops.

(10)

Bicycle sales, rentals and repairs (nonmotorized).

(10.05)

Brew Pubs (Restaurant only), subject to compliance with the following conditions:

(a)

A brewery, distillery, or winery is only permitted as an accessory use to a restaurant. Alcoholic beverages may be served where such service is strictly incidental to the service of food and from a service bar only.

(b)

Off-street parking for restaurant and other allowable uses shall be provided as otherwise required in this Code.

(c)

The use complies with Article X (Alcoholic Beverages) of this chapter.

(10.1)

Computer, video, videogame and DVD stores, including the retail sale or rental of new hardware, software, players, videotapes and videogames, consoles, and related computer, video, videogame and DVD products, and the ancillary resale or exchange of pre-played computer, video, videogame and DVD products, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(11)

Confectionery, ice cream stores and dairy stores.

(12)

Conservatories and music and dance schools, provided no such establishment is located within five hundred (500) feet of any RU, or EU District except after approval after public hearing.

(13)

Dairy stores.

(13.1)

Dispensing facilities for low-THC or medical cannabis, pursuant to article IXA of this chapter.

(13.2)

Drugstores.

(14)

Donated goods centers for the acceptance only of new or used merchandise, upon compliance with the following conditions:

(a)

The portion of the donated goods center which is open to the public shall not exceed 2000 square feet;

(b)

A solid wall shall separate the public area of the donated goods center from the balance of the said center and shall prevent public access to the balance of said center;

(c)

The donated goods center must be operated by an organization which has been incorporated as a not-for-profit organization under the laws of the State of Florida for a charitable purpose and which has been declared exempt from the payment of federal income taxes by the United States Internal Revenue Service;

(d)

The donated goods must be accepted by personnel directly employed by or volunteers for the not-for-profit organization;

(e)

The monetary proceeds resulting from the sale of donations collected at a donated goods center must be used in accordance with the organization's charitable purpose pursuant to Section 33-238(14)(c) to benefit persons within the boundaries of Miami-Dade County or outside of Miami-Dade County to provide emergency relief for victims of natural, manmade or economic disasters;

(f)

The operation of the donated goods center, the collection and use of donations and proceeds thereof must be conducted by said not-for-profit organization and not by a licensee, subcontractor or agent of the not-for-profit organization;

(g)

A declaration of use in a form meeting with the approval of the Director shall be submitted to the Department prior to the issuance of a certificate of use and occupancy specifying compliance with the foregoing conditions. Said declaration of use shall include a floor plan for the intended use as required by the Department.

(15)

Florist shops.

(16)

Grocery stores, fruit stores, health food stores, delicatessen, meat and fish markets and other similar food stores, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(17)

Hardware stores.

(18)

Information booth, gate house and security station. The structure housing these uses shall comply with principal building setback requirements but need not comply with any minimum square foot requirements for the districts.

(19)

Interior design shops, office and display only.

(20)

Jewelry stores, including incidental sales and purchases of used jewelry.

(21)

Leather goods and luggage shops.

(22)

Mail order offices, without storage of products sold.

(22.1)

Museum.

(23)

Newsstand.

(24)

Office buildings.

(25)

Optical stores.

(25.1)

Outdoor dining as an ancillary use in conjunction with restaurants, snack shops and other food service facilities where the primary use is the preparation of food for consumption on premises shall be permitted, subject to the following restrictions:

(a)

The outdoor dining area shall be managed, operated and maintained as an integral part of the immediately adjacent food service facility; and

(b)

The outdoor dining area shall not reduce required parking or landscaping for the site; and

(c)

The outdoor seating area shall be included in the calculations for required parking; and

(d)

There shall be no outdoor cooking or food preparation; and

(e)

No outdoor dining area shall obstruct or impede pedestrian traffic; and

(f)

The outdoor dining area shall comply with handicapped accessibility requirements; and

(g)

No outside public address system shall be permitted, except in connection with outdoor entertainment as provided by section 33-150(H) of this Code; and

(h)

Blinking and flashing type lighting shall be prohibited; and

(i)

Alcoholic beverages may be served where such service is strictly incidental to the service of food and is from a service bar only, subject to compliance with the regulations specified in Article X (Alcoholic Beverages) of this chapter; and

(j)

The use shall be subject to plan review and approval through the building permit review process. The plans for such use shall include all restrooms, furniture, umbrellas, lighting, and other related services and functions associated with the proposed use, together with all required and provided parking calculations. Plans shall be subject to all the applicable building and zoning code regulations; and

(k)

The use shall require a Certificate of Use which shall be renewed annually and shall be subject to revocation upon violation of any applicable building and zoning code regulations, or when a continuation of the permit would constitute a hazard or nuisance.

(26)

Paint and wallpaper stores.

(27)

Photograph galleries.

(28)

Pottery shops.

(29)

Restaurants and coffee houses.

(29.1)

Religious facilities located inside the Urban Development Boundary. Religious facilities outside the Urban Development Boundary will be permitted only upon approval after public hearing.

(30)

Schools, subject to compliance with the requirements of Sections 33-151.11 through 33-151.22 of this Code.

(31)

Self-service post office which contains mechanical or computer equipment designed to provide limited postal service for walk-up trade.

(32)

Shoe stores and shoe repair shops.

(33)

Sporting goods stores.

(34)

Tailor shops, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(35)

Tobacco shops.

(36)

Variety stores, provided such establishments contain not more than four thousand (4,000) square feet of floor area.

(37)

Any property in a BU District may be used as access for egress and ingress only to property zoned in any BU classification or in any IU classification provided that both properties are under the same ownership.

(38)

Outside walk-up window service (no outside stools, chairs or tables), in connection with establishments where the principal use is selling food and drink products, and where a sidewalk of at least seven (7) feet in width abuts the store unit concerned.

(Ord. No. 74-22, § 1, 4-16-74; Ord. No. 76-45, § 1, 5-18-76; Ord. No. 77-60, § 2, 9-6-77; Ord. No. 77-69, § 2, 9-20-77; Ord. No. 92-144, § 1, 11-17-92; Ord. No. 95-80, § 1, 5-2-95; Ord. No. 95-123, § 1, 7-11-95; Ord. No. 96-129, § 1, 9-10-96; Ord. No. 97-13, § 1, 2-25-97; Ord. No. 98-46, § 1, 4-21-98; Ord. No. 99-99, § 2, 9-9-99; Ord. No. 02-46, § 5, 4-9-02; Ord. No. 02-123, § 1, 7-9-02; Ord. No. 07-05, § 17, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 09-47, § 2, 6-2-09; Ord. No. 10-08, § 3, 2-2-10; Ord. No. 11-04, § 5, 2-1-11; Ord. No. 15-26, § 1, 5-5-15; Ord. No. 15-107, § 2, 10-6-15; Ord. No. 15-126, § 3, 11-3-15; Ord. No. 16-67, § 2, 7-6-16)