§ 78-130. Specific use requirements.

Adult day care centers:

a.

Shall additionally be regulated by F.S. ch. 400, "Nursing Homes and Related Health Care Facilities", Part V, "Adult Day Care Centers" (§§ 400.55 — 400.564).

Adult living facilities:

a.

Shall additionally be regulated by F.S. ch. 400, "Nursing Homes and Related Health Care Facilities", Part III, "Assisted Living Facilities" (§§ 400.401—400.454).

Attendant or hand car wash (non-commercial vehicles only):

a.

The facility must have a working oil/sand interceptor to which all drainage from the car wash must flow.

b.

The hours of operation may be no longer than the principal use.

c.

All unused supplies shall be screened from the public.

d.

The facility shall provide at least two waiting spaces per service position, separated from access drives and internal drive aisles. In addition, there shall be one parking space per attendant.

e.

The facility shall not exceed 600 square feet.

f.

The facility shall not exceed ten feet in height.

g.

The applicant must provide written consent from the property owner to the city.

Automatic car wash:

a.

The facility shall not be located closer than 50 feet to any residential zoning district.

b.

The facility shall be located on a public street and shall provide ingress and egress so as to minimize traffic congestion.

c.

The facility shall provide at least five off-street waiting spaces on the lot in the

moving lane to the automatic car wash building entrance so as to prevent blocking any public streets.

d.

The facility shall be located either to the side or rear of the principal building.

e.

The maximum capacity shall be only one vehicle per wash cycle.

f.

The facility must have a working oil/sand interceptor to which all drainage from the car wash must flow.

g.

The hours of operation may be no longer than the principal use.

h.

Screening of vehicle opening. A wall, berm, or similar opaque visual buffer shall be provided for the facility opening when it is oriented toward the streetside of the lot.

Automobile gas and/or service stations:

a.

Entrances and exits for vehicles shall not be closer than 30 feet to any intersection.

b.

Lots shall not be less than 10,000 square feet with a minimum frontage of 100 feet.

c.

All oil drainage pits and hydraulic lifts shall be located within an enclosed structure.

d.

All permitted mechanical repair work shall be conducted within an enclosed structure.

e.

Service stations shall have their gasoline pumps set back at least 30 feet from any property or street line.

f.

The following restrictions shall apply to storage of vehicles:

1.

Not more than one unlicensed vehicle shall be stored on the premises.

2.

Not more than ten licensed vehicles shall be stacked or parked for immediate servicing or fueling. Other licensed vehicles may be stored provided that they are parked in the side or rear yard and screened from view from the public right-of-way in accordance with section 78-86, pertaining to buffer and screening requirements.

g.

In any instance where this use adjoins a residential zoning district, screening shall be provided in accordance with section 78-86, pertaining to buffer and screening requirements.

Auto and truck repairs and paint and body shops:

a.

This use shall be permitted in the B-3 and IN-1 zoning districts.

b.

The minimum floor area shall be 650 square feet in the South and Central Districts and 1,000 square feet on the Northwest District.

c.

This use shall only be conducted in a completely enclosed structure aside from the normal ingress-egress accessibility.

d.

No vehicles for repair shall be parked along streets, in vacant lots, visitor parking areas or in driveways.

e.

A minimum of three parking spaces for visitors and employees shall be provided.

f.

Permits must be obtained, as applicable, from the (DERM) Department of Environmental Resource Management, Miami-Dade Fire-Rescue Department and City of Hialeah Gardens Building Department prior to a City of Hialeah Gardens Local Business Tax Receipt being issued or renewed.

g.

It shall be unlawful to deposit, store, keep or maintain junk or trash or junk yards, salvage facilities, or wrecking yards in any vacant lot or parcel, along streets, or in visitor parking areas or along driveways.

h.

All materials and products associated with this use shall be stored within the building, in a walled, completely enclosed area.

i.

Spray painting shall only be permitted within an enclosed building which is equipped with an approved spray booth.

Automobile and truck sales for new and/or used vehicles including as ancillary uses automobile and truck rentals, wholesale distribution, parts sales, body work and painting and automobile repairs:

a.

This use shall be permitted in the B-3 and IN-1 zoning districts.

b.

The minimum floor area shall be 1,300 square feet in the Central and South Districts and 3,000 square feet in the Northwest District. Additionally, the minimum lot size shall be 10,000 square feet in the B-3 and 12,000 square feet in the IN-1 zoning districts.

c.

No more than 20 percent of the total gross building area shall be devoted to repair/service bays.

d.

A continuous, densely planted greenbelt of not less than 15 feet in width, penetrated only at points approved by the chief zoning official and public works department for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or residential zoning districts. Said greenbelt shall have shade trees planted at a maximum spacing of 30 feet on center. In addition, a hedge with a minimum of three feet in height and spaced 24 inches on center shall be planted.

e.

A minimum of 20 percent of the net lot area of the site shall be developed as landscaped open space.

f.

This use shall be located only on major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access highways and expressways.

g.

No vehicles for sale, rental or repair shall be parked on streets, in vacant lots, or in visitor parking spaces.

h.

Outdoor paging or speaker systems are prohibited.

i.

Outdoor lighting shall be designed to avoid light spilling beyond the site boundaries.

j.

Vehicular test drives shall be prohibited on local residential streets.

k.

All repair work must be conducted indoors.

l.

Attention attracting devices, such as blinking or flashing lights, streamer lights, pennants, banners, streamers and all fluttering, spinning advertising devices (either mobile or stationary) are prohibited, except as permitted under point of sale sign regulations.

m.

The applicant for this use must first obtain a certificate of use, which shall be automatically renewable yearly only upon compliance with all terms and conditions contained herein. All dealers with repair and/or body shops shall obtain a separate local business tax receipt.

n.

All DERM approvals shall be obtained prior to the issuance of the local business tax receipt.

o.

The applicant shall provide the city with proof of business registration from the Florida Department of Highway Safety and Motor Vehicles.

Cabinet working and carpentry shops:

a.

Minimum size requirement is two bays or 1,000 square feet for the Northwest district only.

Child day care family homes or centers:

a.

Shall additionally be regulated by either F.S. § 402.302(2) or (7), based on the number of children requested.

Collection, recycling and processing facilities:

a.

Definitions:

1.

Processing: the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, compacting, flattening, crushing, mechanical sorting, shredding, or cleaning.

2.

Recycling unit: a machine providing automatic compensation to the customer engaged in the collection and processing of recyclable or reusable material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstruction. Recyclable material does not include refuse or hazardous materials.

b.

General requirements:

1.

Typical uses for a recycling unit include paper salvage or aluminum can recycling operations, but do not include the collection and sale of used clothing.

2.

All recyclable materials collected shall be stored within an enclosed structure.

3.

Recyclable material shall not be displayed for sale outside the recycling unit, regardless of the particular regulations of the applicable zoning district.

4.

Only three recycling units will be permitted in the city at any one time based upon city council approval.

c.

Location: Recycling units shall be located a minimum of 1,000 feet from any residential zoning district, as measured from the unit to the edge of the residential property, and a minimum of 1,000 feet from another recycling unit.

d.

Parking. Recycling units shall provide one parking space for loading and an additional one for employees. In no event shall required off-street parking be utilized for the recycling unit.

Cross reference— Solid waste, ch. 42.

Educational facilities (charter and/or private):

a.

Shall be additionally regulated by the Miami-Dade County School Board and/or Miami-Dade County Chapter 33 XA "Educational and Child Care Facilities, Nonpublic."

Heavy equipment repair and sales:

a.

This use shall permitted in the B-3 and IN-1 zoning districts.

b.

The minimum floor area shall be 1,300 square feet in the South and Central Districts and 3,000 square feet on the Northwest District. Additionally, the minimum lot size shall be 10,000 square feet in the B-3 and 12,000 square feet in the IN-1 zoning districts.

c.

This use shall only be conducted in a completely enclosed structure aside from the normal ingress-egress accessibility.

d.

No heavy equipment shall be parked or new or used parts stored alongside streets, on vacant lots without first obtaining site plan approval or in visitor 7 parking areas.

e.

A minimum of three parking spaces for visitors and employees shall be provided.

f.

Permits must be obtained from the Department of Environmental Resource Management (DERM), Miami-Dade County Fire-Rescue Department, Florida Department of Agriculture and Consumer Services and the City of Hialeah Gardens' Building Department prior to the City of Hialeah Gardens' Local Business Tax Receipt being issued or renewed.

g.

Spray painting shall only be permitted within an enclosed building which is equipped with an approved spray booth.

h.

All materials and products associated with this use shall be stored within the building, in a walled, completely enclosed area.

Cross reference— Location of sexually oriented businesses in the business, BU-1 District, § 18-96.

Hospital use:

a.

Any structured parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories.

b.

Enclosed or non-enclosed mall areas shall not count as part of the floor area or as part of the lot coverage for building computation purposes.

c.

Such uses shall be located on sites having frontage on a major access road, including major roadways (three (3) or more lanes), section or half section line roads, and/or frontage roadways serving limited access highways and expressways.

Hotel and motel use:

a.

Accessory uses for hotel and motel use:

1.

Business or commercial establishments of the B-1 type, bars and cabarets shall be permitted in hotels provided they are located within the principal building.

Such business or commercial establishments and bars in this district shall be entered only through the lobby except when the entrance opens into a courtyard or patio (away from the street side) which is enclosed and not visible from the street. However, a fire door or emergency exit shall be permitted.

2.

Hotels and motels with 150 or more guest rooms may have liquor package service on the premises for the accommodation and use of their guests only, provided the operation housing such use is entered only through the lobby and does not have the appearance of commercial activity as viewed from the highway or street. No advertisement of the use is permitted which can be seen from the outside of the building.

Houses of worship:

a.

Applications for houses of worship shall contain documentation for a site plan review, including a site development plan showing all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations, and landscaping on the site, all existing structures and uses within 200 feet of the site boundaries, and any other elements as may be deemed essential by the city. The following regulations shall be utilized as guidelines in reviewing the proposed development:

1.

Site size. A minimum site size of 60,000 square feet with a minimum lot width of 150 feet for stand alone structures.

2.

Lot, yard and bulk requirements. The development should not exceed two stories or 25 feet in height, a maximum lot coverage of 30 percent, or violate the least restrictive yard regulations for the district in which it is located. However, the city may permit a variance of height for a spire or unusual roof structure form in excess of the height requirements for the district in which it is located.

Nursing homes:

a.

Applications for nursing homes shall be additionally regulated pursuant to F.S. ch. 400, "Nursing Homes and Related Health Care Facilities", Part II, "Nursing Homes".

Pharmaceutical storage:

a.

That the applicant secure a license from the State of Florida Department of Health for such pharmaceutical storage.

b.

That the pharmaceutical storage area be air conditioned to continuously control temperature and humidity as required by the State of Florida Department of Health for pharmaceutical products.

c.

That the premises be secured with a security system.

Private clubs:

a.

Applications for private clubs shall contain documentation for a site plan review, including a site development plan showing all structures, roadways, pathwalks, parking areas, recreation areas, utility and exterior lighting installations, and landscaping on the site, all existing structures and uses within 200 feet of the site boundaries, and any other elements as may be deemed essential by the city. The following regulations shall be utilized as guidelines in reviewing the proposed development:

1.

Site size. A minimum site size of 60,000 square feet with a minimum lot width of 150 feet for stand alone structures.

2.

Lot, yard and bulk requirements. The development should not exceed two stories or 25 feet in height, a maximum lot coverage of 30 percent, or violate the least restrictive yard regulations for the district in which it is located.

Salesrooms and storage showroom-wholesale:

a.

Salesrooms and showrooms, subject to the prohibitions and limitations in subsection b. in this section, incorporated as a part of a permitted industrial use upon compliance with the following conditions:

1.

Any industrial use and its related retail sales/showroom uses in different units or bays within the same building must be under one certificate of use and occupancy, and must be connected by communicating doors between units or bays.

2.

Only merchandise, which is warehoused, stored, manufactured or assembled on the premises, can be sold on a retail basis.

3.

The size of retail sales/showroom floor area must be less than 40 percent of the total floor area of the subject premises under a single certificate of use and occupancy. Outside storage areas are to be excluded from consideration in determining the percentage of uses.

4.

A solid wall shall separate retail sales/showroom area from the balance of the industrial area to prevent public access to the industrial portion of the building. The industrial use area shall not be accessible to the general public.

5.

A declaration of use in a form to be approved by the city's chief zoning official shall be submitted 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 planning and zoning department.

b.

Subsection (a) above is intended to permit retail salesrooms and showrooms in recognition of the compatibility and reasonableness of incorporating certain retail uses into the other uses permitted in this district. To assure said compatibility and reasonableness, the retail uses enumerated, in the B-1 zoning district and uses similar thereto, shall be permitted.

Telecommunications hubs:

a.

At least 85 percent of the gross floor area of a telecommunications hub building shall be designated for equipment or machinery; no more than 15 percent of the gross floor area shall be designated for employees and support personnel.

b.

A declaration of use in a form meeting with the approval of the city's chief zoning official specifying compliance with the conditions set forth above, shall be submitted and approved by the department prior to the issuance of a building permit. Said declaration of use shall include a floor plan and site plan for the intended use.

Upholstery and furniture repair :

a.

Minimum size requirement is two bays or 1,000 square feet for the Northwest District only.

Warehouse for sale of merchandise to membership or home improvement center:

a.

The area of such occupancy shall contain no less than 80,000 square feet of gross floor area.

b.

The subject use shall be located on a major or minor roadway as depicted on the adopted land use plan map and shall be within one-quarter mile of that roadway's intersection with another major or minor roadway.

(Ord. of 9-25-06; Ord. No. 2008-06, § 3, 9-16-09)