Any person, firm, corporation or other legal entity desiring to use any property or
premises situated in an IU-3 District for the manufacture, assembly, processing or
packaging of any article or matter enumerated in Section 33-264(3), or for the storage of relatively large quantities of such article or matter (not
to include storage where storage is relatively small and incidental to the use of
small quantities of such article or matter in connection with manufacture, processing
or use permitted in more restrictive districts), or manufacture, assembly, processing,
packaging or storage of similar articles or matter, or for any use or operation enumerated
in said Section 33-264(3) or for similar use or operation, shall file with the Director a written application
setting forth a full description of the proposed use or occupancy, and accurate legal
description of the property or premises, a description of the structure or structures
to be constructed or occupied, satisfactory proof that the proposed use will conform
to the requirements of the Miami-Dade County Pollution Control Ordinance, and such
other information as may be reasonably required by the Director, who shall determine
from such information, whether or not the proposed use will, in fact, create objectionable
influences ordinarily associated with the general type of such uses. If it is found
that such use because of the method of operation, or type of materials used, the usual
degree of hazardous conditions will not be created, the Director may assign the use
to the IU-3 District or to a less restrictive zoning district. However, if it is determined
that the high hazards usually anticipated in connection with the uses listed involving
fire, explosions, noise, vibration, dust or emissions of smoke, odors, or toxic gases,
or other hazards to public health, safety or welfare will be created, the Director
shall require approval as result of a public hearing before such use is permitted.
Upon filing of the application, the Director shall transmit such application, together
with his recommendations, to the Community Zoning Appeals Board, who shall consider
the application in accordance with the zoning procedure prescribed by article XXXVI
of this chapter, and transmit its recommendations to the County Commission. Provided,
however, no use specified in Section 33-264(3) shall be established within five hundred (500) feet of any RU or EU District except
after approval after public hearing. Provided, that the spacing limitation shall be
two hundred fifty (250) feet if the use is confined within a building and an exterior
wall or walls of the building located on the establishment is not penetrated with
any openings directly facing the RU or EU District. It is further provided that, except
for exterior uses, such distances shall be measured from the closest point of the
subject use in the building to the RU or EU District. In connection with exterior
uses, the distance of five hundred (500) feet shall be measured from the closest point
of the IU District to the RU or EU District. For purposes of establishing such distances,
the applicant for such use shall furnish a certified survey from a registered surveyor,
which shall indicate such distances. In case of dispute, the measurement scaled by
the Director of the Department of Planning and Zoning shall govern.
