Zoning Ordinance - 89-2665ZONING ORDINANCE 89
2665 CITY OF
MIAMI BEACH
EFFECTIVE DATE October 1
1989 MAYOR
Alex
Daoud
Stanley H
Arkin
COMMISSIONERS Ben Z
Grenald Abe
Resnick Sidney
Weisburd William E
Shockett Bruce
Singer CITY MANAGER
Rob W Parkins
CITY ATTORNEY
Arnold M
Weiner PLANNING
ZONINGDIRECTORJudKurlancheek
ZONING ORDINANCE
MIAMI BEACH FLORIDA
Page
SECTION 1
TITLE 1 1 SECTION
2 DECLARATION
OF PURPOSE 2 1
SECTION 3 DEFINITIONS
3 1 General
Rules of
Construction 3
1 3 2 Terms
Def ined 3
1 SECTION 4 ZONING
DISTRICTS 4 1 Districts Established
4 1 4 2 District
Map 4 1 4 3
Interpretation of District Boundaries 4
2 SECTION 5 GENERAL
PROVISIONS 5 1
Compliance with Regulations
Required 5
1 5 2 Encroachment Reduction
of Lot Area 5 1
5 3 Accessory Buildings Prior
Construction of 5 2
5 4 Outstanding Building Permitsand
Projects which have received Zoning Approval 5 2 5
5 Tractor Trailer Trailer and Portable Dwelling
Units 5 2 5 6 Derelict
Motor Vehicles 5 2 5 7
Store Enclosures 5 2 5 8 Division
of Lot Lot Split 5
2 5 9 Relationship
to the Comprehensive Plan 5 3
5 10 Oceanfront Lots Boundary Lines Setbacks
and Floor Area Ratios
5 3 SECTION 6
SCHEDULE OF DISTRICT
REGULA TIONS 6 1
RS l
RS 2 RS
3 and RS 4
Single Family Districts
6 1 6
2 RM I
Residential Multi Family
LowIntensity6263RM2ResidentialMultiFamilyMediumIntensity6364RM3ResidentialMultiFamilyHighIntensity6465ResidentialSetbackRequirementsRMIRM2RM36666CDICommercialLowIntensity6767CD2CommercialMediumIntensity6868CD3CommercialHighIntensity6969CommercialSetbackRequirementsCDICD2CD3610610CCCConventionCenterDistrict611611GCGolfCourseDistrict612612GUGovernmentUse613613HDHospitalDistrict61461411IndustrialLight620615MRMarineRecreational621616MXEMixedUseEntertainment622617ROResidentialOffice624618THTownhomeResidential625619WD1WaterwayDistrict626620WD2WaterwayDistrict627
6
27
6
33
6
35
6
36
6
40
6
48
6
48
6
49
6
50
Accessory
Uses
Supplementary
Use
Maximum
FAR
for
Schedule
of
Design Supplementary
Yar
Corner
Visibility
Ocean
Fron
t
Lots
Modification
of
Height
Regulations
Transfer
Development
Rights
Unused
Floor
Regulations
Hotel
Developmen t
Bon
uses
d
Regulations
6
21
6
22
6
23
6
24
6
25
6
26
6
27
6
28
6
29
Area
7
1
7
1
7
4
7
5
7
5 7
9
7 10
7
12
7
12
7
13
7
13
PARKING
REGULATIONS
Parking
Districts
Established
Off Street Parking
Required
Off
Site
Facilities
Interpretation
of
Off
Street
Parking
Requirements
Design
Standards
Off
Street
Loading
Space
Requirements
Parking
Impact
Fee
Program
Parking
Credit
System
Surplus
and
Under Utilized Parking
Spaces
Shared
Parking
Valet
Parking 7
7
1
7
2
7
3
7
4
7
5
7
6
7
7
7
8
7
9
7 10
7
11
SECTION
8
1
8
1
8
1
8
2
8283LANDSCAPESTANDARDSPurposeScopeofReviewApplicabilityandExemptionsElementsoftheLandscapePlanLandscapePlanSubmissionLandscapeCriteria8818283848586SECTION9191939599SIGNSPurposeGeneralSignRegulationsSignsandSignDevicesProhibitedTemporarySignsSignRegulationsperZoningDistrictSignsforFillingStationsShoppingCentersandArtisticorSuperGraphics9919293949596SECTION913oooADULTCONGREGATELIVINGFACILITIESPurposeMandatoryRequirementsReviewCriteria10010203SECTIONGUIDELINESFORTHEPAINTINGOFEXTERIORSURFACESOFBUILDINGSANDSTRUCTURESIISECTIONILl111111112PurposeApplicabilityExemptionsandProhibitionsColorSelectionProceduresandReviewCriteriaAppealii111112113114
SECTION 12 LIQUOR CONTROL
REGULATIONS 12
1 General Provisions 12
1
12 2 Permitted Districts and Standards
12 3 12 3 Exemptions
12 4 SECTION
13 NON CONFORMING STRUCTURES AND
USES 13 1 Non Conforming
Structures and Uses 13 1 13
2 Non Conforming
Signs 13 1 13
3 Non Conforming Use of Buildings 13 1
13 4 Discontinuance of Non Conforming
Uses 13 1 13 5 Destruction
or Renovation of Non Conforming Buildings and
Uses 13 2 13 6 Intermittent
or Illegal Uses 13
3 13 7 Existence of
a Non Conforming Building
or Use 13 3
13 8 Building Non Conforming
in Height Density Parking
Floor Area
Ratio or Bulk 13 4
13 9
Procedure
for Retention of
Illegally Subdivided Units Undersized
Units or
Illegally Installed Kitchens 13
4
SECTION 14 CHANGES
AND AMENDMENTS 14
1 Petition for
Changes and Amendments
14
1 14 2
Review by Planning Board 14 2 14
3 Action by City Commission
144144ReconsiderationofDistrictBoundaryChanges146145AmendmentofComprehensivePlan146146PeriodicReview146SECTIONISDUNEOVERLAYREGULATIONS151Location151152Purpose1553CompliancewithRegulations15154UsesandStructuresPermitted15155DevelopmentRegulations152SECTION16BOARDOFADJUSTMENT161Membership161162ConflictofInterest16163NotificationofHearings16164MeetingsandRecords161165DeterminationofJurisdiction162166Procedure162167PowersandDuties163168StayofWorkandProceedingsonAppeal166169AppealofBoardsDecision166111
17
1
17
2
17
2
17
3
7
7 PLANNING
BOARD
Powers
and
Du
ties
Meetings
and
Procedures
Composition
Conditional
Use
Procedures
Change
of
Zoning
District
and
Amendment
to
the
Ordinance
Procedures
17
17
1
17
2
17
3
17
4
17
5
SECTION
DESIGN
REVIEW BOARD
Design
Review
Board
Powers
and
Duties
Design
Review
Procedures
8
8
1
8
2
SECTION
8
1
8
2
HISTORIC
PRESERVATION BOARD
AND
HISTORIC
DISTRICT
REGULA
TIONS
19 SECTION
19
1
19
1
19
1
19
2
9 4
xemptions
serva
tion
Board
of
Historic
Preservation
Sites
19
1
19 2 19 3
19
4
19
5
196198191519159798201201202204PSPERFORMANCESTANDARDDISTRICTEstablishmentofDistrictandDivisionsDistrictPurposeandSubdistrictsUseRegulationsPerformanceStandardRegulations20201202203204SECTION211211212212333555222222ADMINISTRATIONEnforcementViolationsandPenaltiesPermitsandPlotPlansSitePlansCertificatesofOccupancyandCertificatesofUseInterpretationPurposeandConflictMapsValidityRepealerForceandEffectiv212112122132142152162172182192110SECTION
111
17
1
17
2
17
2
17
3
7
7
PLANNING
BOARD
Powers
and
Duties
Meetings
and
Procedures
Composi
tion
Conditional
Use
Procedures
Change
of
Zoning
District
and
Amendment
to
the
Ordinance
Procedures
17
17
1
17
2
17
3
17
4
17
5
SECTION
DESIGN
REVIEW BOARD Design
Review
Board
Powers
and
Duties
Design
Review
Procedures
18
18
1
18
2 SECTION
8
1
8
2
HISTORIC
PRESERVATION
BOARD
AND
HISTORIC
DISTRICT
REGULA
TIONS 19
SECTION
19 1
19
1
19
1
19
2
19
4
19
8
19
15
19
15 Intent
Purpose
Scope
and
Exemptions
Historic
Preserva tion
Board
Designation
of
Historic
Preservation
Sites
or
Districts
Issuance of
Certificate
of
Appropriateness
Certificate
to
Dig
Certificate
of
Appropriateness
for
Demolition Special Provisions Appeal
19
1
19
2
193194195196197198201201202204PSPERFORMANCESTANDARDDISTRICTEstablishmentofDistrictandDivisionsDistrictPurposeandSubdistrictsUseRegulationsPerformanceStandardRegulations20201202203204SECTION211211212212213213213215215215ADMINISTRATIONEnforcementViolationsandPenaltiesPermitsandPlotPlansSitePlansCertificatesofOccupancyandCertificatesofUseInterpretationPurposeandConflictMapsValidityRepealerForceandEffectiv212112122132142152162172182192110SECTION
ZONING ORDINANCE
MIAMI BEACH FLORIDA
ORDINANCE NO
89 2665 This Ordinance shall be known and cited as the Zoning Ordinance of Miami
BeachFlorida11
SECTION
2 DECLARA TION OF
PURPOSE WHEREAS by the provisions of Chapter 9837 No 719 Laws of
Florida Special Acts 1923 authority is conferred upon the City of Miami Beach toestablishdistrictsorzoneswithinitscorporatelimitsbasedonFloorAreaRatiorequirements
for the purpose of regulating the Use of land and Buildings the height of Buildings thesizeofopenspacessurroundingBuildingsand
density of population and WHEREAS the City Commission of the City of Miami Beach
deems it necessary in order to lessen congestion in the Streets to secure safety from firepanicandotherdangerstopromotehealthandgeneralwelfaretoprovideadequatelightand
air to prevent the overcrowding of land to avoid undue concentration of populationtofacilitatetheadequateprovisionsoftransportationwatersewerageschoolsparks
and other public requirements to make and promulgate such regulations with reasonableconsiderationamongotherthingsofthecharacterofthedistrictswithintheCityanditspeculiar
suitability for particular Uses and with a view to conserving the value of Buildings and
encouraging the most appropriate use of land throughout said City in accordance
with a comprehensive plan NOW THEREFORE BE IT ORDAINED by the City Commission of
the City
ofMiamiBeachFlorida21
SECTION
3
DEFINITIONS 3 1 GENERAL
RULES OF CONSTRUCTION A The following general rules of construction shall apply to the
regulations
of this Ordinance 1 The singular number includes the plural and
the plural the singular unless the context
clearly indicates the contrary 2 Words used in the present tense include the
past and future tenses
and the future the present 3 The word shall is
mandatory the word may is permissive 4 The word Building or
Structure includes any part thereof and
the word Building includes the word Structure 5 The word Lot includes the
word plot or parcel or tract or Site 6 The
words used or occupied include the words
intended designed or arranged to be used or occupied 7
The words required Yards or
minimum required Yards and minimum Yards includes the word setback 8
When this Ordinance refers to other ordinances codes or statutes the reference shall
imply
the most up to date ordinance code or statutes as amended 9
Words and terms not defined herein shall
be interpreted
in accord with their normal dictionary meaning and customary usage 3 2 TERMS DEFINED
A For the purpose of this Ordinance certain terms
and words are hereby defined 1 ACCESSOR Y BUILDING A detached subordinate
Building or portion thereof the Use of which is incidental to and customary in connection
with the main Building or Use and which is located on the same Lot
with such main Building or Use Where there is no main Building
on the Lot an Accessory Building shall be
considered as a main Building for the purpose of the height
area and bulk regulations 2 ACCESSOR Y USE A subordinate Use which
is incidental to and customary in connection with the main Building
orUseandwhichislocatedonthesameLotwithsuchmainBuildingorUse31
ADULT
CONGREGATE
LIVING
FACILITY
Any
State
licensed
Institution
Building
or
Buildings
residence
private
home
boarding
home
home
for
the
aged
or
other
place
whether
operated
for
profit
or
not
which
undertakes
through
its
ownership
or
management
to
provide
for
a
period
exceeding
24
hours
one
or
more
Personal
Services
for
four
or
more
adults
not
related
to
the
owner
or
administrator
by
blood
or
marriage
who
require
such
services
A
facility
offering
Personal
Services
for
fewer
than
four
adults
shall
be
within
the
meaning
of
this
definition
if
it
holds
itself
out
to
the
public
to
be
an
establishment
which
regularly
provides
such
services
3
ADULT
CONGREGA
TE
LIVIN
FACILITY
UNIT
Any
room
or
inter
connected
rooms
with
one
main
entrance
in
an
Adult
Congregate
Living
Facility
containing
one
or
more
beds
4
REGA
TE
AREA
OR
A
fREGA
TE
WIDTH
The
sum
of
two
or
more
designated
areas
or
widths
to
be
measured
limited
or
determined
under
these
regulations
5
AL
HOLIC
BEVERAGE
As
defined
by
Florida
Statute
Section
561
0
4
1987
as
amended
6
ALLEY
A
public
or
private
thoroughfare
which
affords
only
a
secondary
means
of
access
to
abutting
property
and
which
is
not
otherwise
designated
as
a
Street
7
ARTMENT
BUILDING
A
Building
with
or
without
resident
supervision
occupied
or
intended
to
be
occupied
by
more
than
two
Families
living
separately
with
separate
cooking
facilities
in
each
unit
8
APARTMENT
HOTEL
A
Building
containing
both
Apartment
Units
and
Hotel
Units
under
resident
supervision
and
having
an
inner
lobby
through
which
all
tenants
must
pass
to
gain
access
9
AP
AR
TMENT
UNIT
A
room
or
group
of
rooms
occupied
or
intended
to
be
occupied
as
separate
living
quarters
by
one
Family
and
containing
independent
cooking
and
sleeping
facilities
Term
includes
condominium
10
to
undertake
any
Development
seeking
APPLICANT
Any
person
defined
herein
11
as
yielded
or
is
or
prehistory
zones
Historic
ARCHEOLOGICAL
SITE
A
specific
location
which
has
likely
to
yield
information
about
local
history
Archeological
Sites
may
be
found
within
archeological
Sites
or
Historic
Districts
12
ARCHITECTURAL
DISTRICT
That
area
listed
on
the
National
Register
of
Historic
Places
as
of
May
14
1979
in
accordance
with
the
National
Preservation
Act
of
1966
as
amended
and
in
the
Florida
Master
Site
File
under
number
8
DA
1048
as
the
Miami
Beach
Architectural
District13ofawallstheAWNINGAdetachablerooflikecoversupportedfromBuildingforprotectionfromsunorweather3214
15 BALCONY A platform that projects from the wall of a Building
and has a parapet or railing the long side of which is open a bove
the guardrail or parapet The platform may service one unit or it may be
a continuous platform serving more than one unit with a wallseparatingtheplatformbetweenthe
units 16 BAR Any place devoted to the selling or the dispensing and
drinking of Alcoholic Beverages on
the Premises 17 BEACHFRONT PARK AND PROMENADE
PLAN A revegetation program including beach recreation Structures
which are primarily constructed of wood concrete or other hard surface and
located on the Dune for the purpose of permitting the passage of
pedestrians along over and across the Dune in such a manner as to protect
and stabilize the Dune
vegetation and beach 18 BEER A
brewed beverage containing malt 19 BLOCK A segment of the City usually but
not always a square area formed by and lying between
intersecting Streets or other physical boundaries unless otherwise defined by an
official plat of property in the City of Miami Beach Also the length of one
side of such a square 20 BUILDING Any Structure having a
roof supported by columns or walls for the shelter
or enclosure of Persons or property 21 BUILDING CARD
A document maintained by the Building Department for purposes of
recording Building Permi ts and other pertinent construction data andzoningrelatedactionsthataffectthepropertyThisdocumentoriginatesatthetimea
parcel of land is created and is
kept as a history of the property 22 BUILDING
OFFICIAL The individual appointed by the City Manager to administer and enforcetheSouthFlorida
Building Code in the City of Miami Beach 23BUILDINGPERMITApermitissuedbythedesignatedBuildingOfficialhisdesigneeorauthorizedagencyordepartmentoftheCitywhich
allows a Building or Structure to be erected constructed
demolished altered moved converted extended enlarged or used for
any purpose in conformity with applicable codes and ordinances 24
BULKHEAD LINE An official line designated by the City Commission
for properties located along Biscayne Bay Government Cut or the
Atlantic Ocean as described in Chapter 15 of the City Code
25 CABANA An accessory Structure used as a
bathhouse or a shelter directly associated with a swimming
pool or deck 26 CAFE BEACHFRONT A permanent Structure located on
the beach in the Dune Overlay District where food and beverages
are served 27 CAFE OUTDOOR A Use characterized by outdoor table
service of food and beverages prepared
forserviceinanadjacentorattachedmainStructureforconsumptiononthePremises33
AFE
IDEW
ALK
A
Use
located
on
a
public
right
of
way
which
is
associated
with
a
Restaurant
where
food
or
beverages
are
delivered
for
consumption
on
the
Premises
but
not
having
cooking
or
refrigeration
equipment
It
is
characterized
by
tables
and
chairs
and
may
be
shaded
by
Awnings
Canopies
or
umbrellas
28
CANOPY
A
detachable
rooflike
cover
supported
from
the
ground
or
deck
or
floor
of
a
Building
and
from
the
walls
of
a
Building
for
protection
from
sun
or
weather
29
ARPORT
SHEL
TER
A
Canopy
or
rooflike
Structure
open
on
at
least
two
sides
which
may
be
attached
or
detached
from
the
main
Building
for
the
purpose
of
providing
shelter
for
one
or
more
motor
vehicles
30
ERTIFICA
TE
F
APPROPRIATENESS
A
certificate
issued
by
the
Historic
Preserva
tion
Board
indicating
tha
t
new
construction
Al
tera
tion
or
demolition
of
an
Historic
Structure
or
an
Improvement
within
an
Historic
District
is
in
accordance
with
Section
19
31
issued
by
the
proper
proposed
Use
meet
all
a
nces
32
RTIFICA
TE
I
DIG
A
certificate
issued
by
the
Historic
Preservation
Board
allowing
for
the
excavation
or
fill
on
a
Site
designated
as
archaeologically
significant
33
RTIFICATE
E
UPANCY
A
document
issued
by
the
Building
Official
allowing
the
occupancy
of
a
Building
and
certifying
that
the
Structure
has
been
constructed
in
compliance
with
all
applicable
codes
regulations
and
ordinances
34
RTIFICA
TE
F
USE
A
document
issued
by
the
Fire
Department
Code
Enforcement
Division
allowing
the
Use
of
a
Building
and
certifying
that
the
Use
is
in
compliance
with
all
applicable
City
codes
regulations
and
ordinances
35
Miami
Beach
the
City
of
Miami
Beach
Florida
CITY
The
City
of
36
37
CLINIC
A
medical
Use
without
overnight
facilities
where
patients
are
admitted
for
examination
and
treated
by
a
group
of
physicians
or
dentists
practicing
medicine
together
The
term
does
not
include
a
place
for
the
treatment
of
animals
38
LUB
PRIV
ATE
Building
and
facilities
or
Premises
used
or
operated
by
an
organization
or
association
for
some
common
purpose
such
as
but
not
limited
to
a
fraternal
social
educational
or
recreational
purpose
but
not
including
clubs
organized
primarily
for
profit
or
to
render
a
service
which
is
customarily
carried
on
as
a
business
Such
organizations
and
associations
shall
be
incorporated
under
the
Laws
of
Florida
as
a
non
profit
corporationandtheirpurposeshallnotbetheservingofAlcoholicBeverages3439
40 COMMERCIAL USES Any activity where there is an exchange of
goods or services for monetary gain Such activities include but are not
limited to retail sales offices eating and drinking establishments theaters
and similar
Uses 41 COMMERCIAL VESSEL Every vessel which is used or
operated for profit or fee on the navigable waters of the City that is
either carrying passengers carrying freight towing or for any other
such Use 42 COMMUNITY REDEVELOPMENT
AGENCY The Redevelopment Agency of the City of Miami Beach Florida a
public agency created pursuant to Fla Stat Sec 163 330
et seq and Ordinance No 78 21 1543COMPREHENSIVEPLANThedocumentadoptedbythe
City Commission in accordance with the Local Government Comprehensive
Planning and Land Development Regulation Act of 1986
as amended meeting the requirements of Florida Statute Sees 163
3177 and 163 3178 principles guidelines and standards for
the
orderly and balanced future economic social physical environmental and fiscal development
of the City 44 CONDITIONAL USE A Use that
would not be appropriate generally or without restriction throughout a particular zoning
district but
would be appropriate if controlled as to number area location or
relation to the neighborhood 45 CONDITION AL USE PERMIT A permit
issued by the Planning and Zoning Director and recorded in the
Public Records of Dade County allowing a specific Conditional Use
that
was approved for a particular property pursuant to procedures set forth in
Section 17 of this Ordinance 46 COURT An Open Space which mayor may
not
have direct Street access and around which is arranged a
single Building or a group of related Buildings 47 DA Y CARE FACILITY Any
establishment
providing care during the day but not at
night of children who are not related
to the resident Family 48 DEMOLITION The partial substantial or complete removal
or destruction
of any Structure Building or Improvement 49 DESIGN
REVIEW Refers to the process set forthinSection18oftheZoningOrdinance50DEVELOPMENTTheundertakingof
any building or construction including new construction rehabilitation renovation or redevelopment the
making of any material changes
in the Use or appearance of property or StructuresthesubdivisionoflandoranyotheractionforwhichDevelopmentApproval
is necessary 51 DEVELOPMENT AGREEMENT An agreement entered into
by the City and the
PropertyOwnerwithrespecttoaprojectbywhichtheDevelopmentUsetimingcapitalImprovementsandotherelementsoftheprojectmaybespecified35
DEVE
PMENT
APPROVAL
Any
zoning
rezoning
Conditional
Use
Variance
or
subdivision
approval
or
any
other
official
approval
of
local
government
required
for
the
alteration
or
Use
of
land
or
Improvements
52
DEVELOPMENT
RIGHTS
TRANSFER
TOR
The
removal
of
the
right
to
develop
or
build
expressed
in
Floor
Area
from
land
in
one
zoning
district
to
land
in
another
zoning
district
where
such
transfer
is
permi
tted
53
DININ
ROOM
ACCESSORY
A
portion
of
a
Building
devoted
exclusively
to
the
serving
of
food
and
refreshment
for
consumption
on
the
Premises
by
occupants
54
DORMITOR
Y
An
Accessory
Use
located
in
a
Building
which
provides
sleeping
accommodations
for
students
enrolled
in
a
religious
educational
or
business
program
who
occupy
rooms
on
a
contractual
basis
generally
for
a
period
of
time
corresponding
to
the
length of
the
program
55
DRIVE
IN
An
establishment
or
part
thereof
designed
or
operated
to
serve
a
patron
seated
in
an
automobile
parked
in
an Off
Street
Parking
Space
56
DUNE
A
mound
or
ridge
of
loose
usually
sand
sized
sediments
lying
landward
of
the
beach
and
extending
inland
to
the
leeward
toe
of
the
mound
or
ridge
which
intercepts
the
IOO
year
storm
surge
57
WELLINli
A
Building
or
portion
thereof
designed
or
used
exclusively
for
residential
occupancy
but
not
including
trailers
Mobile
Homes
Hotels
boarding
and
lodging
houses
tourist
courts
or
tourist
homes
58
DWELLIN
MUL
TIPLE
F
AMIL
Y
A
Building
designed
for
or
occupied
by
three
or
more
Families
59
DWELLING
SINGLE
F
AMIL
Y
A
Building
designed
for
or
occupied
exclusively
by
one
Family
60
DWELLING
SINGLE
F
AMIL
Y
DETACHED
A
Dwelling
designed
for
or
occupied
exclusively
by
one
Family
surrounded
by
Yards
or
other
landscape
areas
on
the
same
Lot
61
for
A
Building
designed
62
or
DWELLING
UNIT
PORT
ABLE
Any
vehicle
designed
for
Use
as
a
conveyance
upon
the
publicStreetsandhighwaysandfordwellingorsleepingpurposes3663
64 EROSION CONTROL LINE ECL The line determined in
accordance with the provisions of Sections 161 041 161
211 of the Florida Statutes 1987 and amendments thereto
which represents the landward extent of the claims of the State in its
capacity as sovereign titleholder of the submerged bottoms and shores of the
Atlantic Ocean the Gulf of Mexico and the bays lagoons and other tidal reaches
thereof on the date of the recording of the survey as
authorized
in Section 161 181 of the Florida Statutes 1987
65 EV ALUA TION GUIDELINES The standards applicable to Alteration
renovation new construction for a Historic Site or Improvement within a Historic
District which standards will be used as criteria by the
Historic Preservation Board and its
staff in making decisions on applications for
Certificates of Appropriateness 66 EXTERIOR All external surfaces of any Improvement 67
FALLOUT SHEL TER A Structure or portion of a Structure intended
to provide protection to human life during
periods of danger from nuclear fallout air raids storms or other emergencies 68
FAMIL Y An Individual or two or more Persons related by blood
or marriage or a group of not more than three Persons excluding servants who
need not be related by blood
or marriage living together as a single housekeeping unitinaDwelling
69 FILLING STATION Any establishment that sells distributes or pumps
fuels for motor vehicles 70 FIRE PREVENTION AND SAFETY CODE Code adopted pursuan
t to Miami
Beach Fla Code of the City of Miami Beach Ch 14 Art
VIII Sec 14 73 1964 as amended 71 FIXTURE An article
in the nature of personal property which has
been permanently attached or affixed to a Building Structure or land by means of
cement plaster nails bolts or screws 72 FLOOR AREA The
sum of the gross horizontal areas of the floors of a Building
or Buildings measured from the Exterior faces
of Exterior walls or from the Exterior face of an architectural projectionfromthecenterlineofwallsseparatingtwo
attached Buildings However the Floor Area of
a Building shall
not include the following unless otherwise provided for in this Ordinance a
Accessory water tanks or cooling towers b Uncovered steps c
Attic space whether or not a
floor actually has been laid providing structural headroom of lessthansevenfeetsixinchesdTerracesbreezewaysoropenporches
e Floor space used for required accessory Off Street Parking Spaces However if the
parking garage is the main permitted
Use then the Floor Area of the parking levels
shall be incl uded in
thecalculationoftheFloorAreaRatiofMechanicalequipmentroomslocatedabovemainroofdeckgExteriorunenclosedprivateBalconies37
Floor
Area
located
below
Grade
however
if
the
ceiling
is
above
Grade
1
2
of
the
Floor
Area
that
is
below
Grade
shall
be
included
in
the
FAR
Floor
Area
Ratio
calculation
h
no
in
terior
a
floor
for
there
are
there
was
Volumetric
Buildings
used
for
storage
where
floors
the
Floor
Area
shall
be
calcula
ted
as
if
every
eight
8
feet
of
height
When
Transfer
of
Development
Rights
are
involved
see
Section
6
29
C
for
additional
regulations
that
address
Floor
Area
FL
R
AREA
RA
TI
The
Floor
Area
of
the
Building
or
Buildings
on
any
Lot
divided
by
thearea
of
theLot 73
101
Covero
ge
50
CoverQge
1001
Covero
ge
0
ill
ustra
ted
above
has
a
floor
area
ra
tio
of
Each
example
used
for
ARAGE
ACCESSORY
An
Accessory
Building
designed
or
parking
for
the
main
permitted
Structure
74
used
ARAGE
COMMERCIAL
A
Building
or
a
portion
thereof
primarily
for
indoor
parking
of
vehicles
for
compensation
75
ARAGE
MECHANICAL
Any
Premise
where
vehicles
are
mechanically
repaired
rebuilt
or
constructed
for
compensation
76
GRADE
The
City
sidewalk
elevation
at
the
center
line
of
the
property
If
there
is
no
sidewalk
the
Public
Works
Director
shall
establish
the
City
sidewalk
elevations
77
EST
SER
V
ANT
AR
TERS
Living
quarters
within
a
detached
or
semi
detached
Accessory
Building
located
on
the
same
Lot
with
the
main
Building
for
Use
by
temporary
guests
or
servants
of
the
occupants
of
the
Premises
Such
quarters
shall
not
have
separate
utility
meters
shall
not
be
rented
or
otherwise
used
as
aseparateDwellingorhavecookingfacilitiesexceptassetforthinSection621E3878
79 HEIGHT OF BUILDING The vertical distance from the Grade to
the highest point of the roof The highest point of a roof is as
follows a the highest point of a flat
roof b the deck line of a mansard
roof c the average height between eaves and ridge for gable hip
and gambrel roofs
or d the average height between high and low points for a shed
roof 80 HISTORIC BUILDING OR STRUCTURE A Building which
meets the
following criteria a The Building was present during a period
of historical significance and possesses historic integrity
reflecting its character at that time or is capable of
yielding important information about the
period or b The Building independently meets the National
Register of Historic Places as defined by the U S Department of
the Interior
criteria or c The Building is listed in the Historic Data Base
as amended A Building is historic even if it has been altered if the
alteration is reversible and the Building s key historic architectural
elements are intact
and repairable 81 HISTORIC PROPERTIES DATA BASE A list maintained by
the City s Planning and Zoning Department containing the
names addresses and relevant historic data of those Buildings determined to
be of historic significance The data base may be updated amendedandrevisedbythePlanningandZoningDirectorashistoric
properties are identified 82 HISTORIC DISTRICT Two or
more Sites Buildings Structures Landscape Features or other Improvements that
are concentrated in the same area and have been designated as an
Historic
District pursuant to Section 19 83 HISTORIC SITE An
individual Building Structure or other Improvement which has been designated
an Historic Site pursuant to Section 19 84 HOSPITAL An Institution licensed
by the State of Florida as a Hospital having facilities for
in patients providing medical or surgical care for humans
requiring such treatment and which may include related facilities
such as Nursing Homes Convalescent Homes home health agencies
hospice facilities and accessory Hospital facilities
as described in Section 6 14 B 2 of this
Ordinance 85 HOSPITAL ST AFF Physicians and other medical staff affiliated with
and
having staff privileges at a Hospital who are not Hospital
Based Physicians 86 HOSPITAL BASED PHYSICIAN A physician who
is affiliated with a Hospital 1 as an anesthesiologist radiologist pa thologist or emergency
room doctor or 2 as
afulltimeHospitalemployeeor3onafulltimebasispursuanttoacontract39
HOTEL
A
Building
occupied
or
intended
to
be
occupied
by
transient
residents
with
all
residents
occupying
Hotel
Units
and
where
ingress
or
egress
mayor
may
not
be
through
a
common
lobby
or
office
that
is
supervised
by
a
Person
in
charge
at
all
times
87
HOTEL
UNIT
A
room
or
group
of
rooms
with
ingress
or
egress
which
mayor
may
not
be
through
a
common
lobby
intended
for
rental
to
transients
on
a
day
to
day
week
to
week
or
month
to
month
basis
not
intended
for
Use
or
used
as
a
permanent
Dwelling
88
is
which
Dwelling
purposes
watercraft
designed
for
motor
or
both
H
EBOAT
A
propelled
by
sail
89
EBARGE
A
vessel
or
watercraft
capable
of
being
utilized
as
a
residence
floating
on
water
usually
permanently
moored
which
does
not
have
a
system
of
propulsion
90
IMPROVEMENT
Any
Building
Structure
fence
gate
wall
walkway
parking
facility
light
Fixture
bench
fountain
Sign
work
of
art
earthworks
or
other
man
made
object
constituting
a
physical
betterment
of
real
property
91
corporation
firm
partnership
limited
stock
association
estate
trust
or
business
INDIVIDUAL
Any Person
partnership
association
joint
entity
92
I
TITUTION
A
Use
Building
or
organization
of
a
public
character
or
providing
a
public
or
semipublic
service
93
LANDSCAPE
FEATURE
All
vegetation
geological
features
ground
elevation
bodies
of
water
or other
natural
or
man
made
environmental
feature
94
LIOUOR
All
distilled
or
rectified
spirits
brandy
whiskey
rum
gin
cordials
or
similar
distilled
Alcoholic
Beverages
including
all
dilutions
and
mixtures
of
one
or
more
of
the
foregoing
95
IVE
ABOARD
Any
Person
who
utilizes
a
vessel
as
a
temporary
or
permanent
place
of
abode
or
habitation
A
Person
using
a
vessel
for
recreation
or
entertainment
but not
sleeping
shall
not
be
deemed
a
Live
Aboard
96
LOADING
SPACE
Space
logically
and
conveniently
located
for
bulk
pick
ups
and
deliveries
scaled
to
delivery
vehicles
expected
to
be
used
and
accessible
to
such
vehicleswhenrequiredOffStreetParkingSpacesarefilledo397
98 LOT A parcel of land of at least sufficient size to meet minimum
zoning requ irements for Use minimum width and area and to provide
such Yards and other Open Spaces as are required in the Zoning
Ordinance Such Lot shall have frontage on a public Street and may consist
of a A single Lot of
record b A portion of a Lot of
record c A combination of complete Lots of record and portions of
Lots of record or of portions of Lots of
record d A parcel of land described by metes and
bounds Provided that in case of division or combination of property no
residual Lot or parcel shall be created that does not meet the
aforementioned requirements of the Zoning
Ordinance 99 LOT AREA The total horizontal area within the Lot Lines of
the Lot 100 LOT CORNER A Lot abutting upon two or more
Streets at
their inter section 101 LOT COVERAGE The percentage of the total area of
a Lot that when viewed directly from above would be covered
by all principal and Accessory Buildings and StructuresorportionsthereofprovidedhoweverthatExteriorunenclosed
private Balconies Awnings and Porte Cocheres shall not be included in
determining the Building area 102 LOT DEPTH The mean horizontal distance
between the
front and rear Lot Lines 103 LOT FRONT The front of a Lot shall
be construed to be the portion nearest the Street For Corner Lots the
Lot Front shall be the narrowest portion abutting the Street
unless determined otherwise by the City 104 LOT FRONTAGE The distance for which
the front Lot Line
and the Street line are coinciden t 105 LOT
INTERIOR A Lot other than a Corner Lot 106 LOT OF RECORD A Lot which
is part of a subdivision the map of which has been recorded in the
public records of Dade County or a Lot described by metes and bounds
the description of which has been recorded
in the public records of Dade County See SITE
107 LOT THROUGH DOUBLE FRONTAGE Any
Lot having frontages on two parallel or approximately parallel Streets 108 LOT KEY AnInteriorLothavingitssideLotLinescoincidentonone
or both sides with the rear Lot Lines
ofadjacentLots109LOTLINETheboundarylineofaLot311
110
LOT
OCEAN
FRONT
Any
Lot
having
the
Erosion
Control
Line
ECL
as
a
property
line
Ill
LOT
WIDTH
The
horizontal
distance
between
the
side
Lot
Lines
measured
at
the
required
Front
Yard
line
and
parallel
to
the
front
Street
lineS1RT
r
o
1
front tLot
WIdth
Comer
Interior
Lot
lot
Key
Lot
iT1r0U
j1lot 0
0 Key
Lot
I LDt
Liwls
Inleriar
Comer
Comer
Intm
Lot
lot
lot
Lot
fRIll
Front
I
front
STREET
I
ILLUSTRATIONS
OF
LOT
DEFINITIONS
MANDATOR
Y
REOUIREMENTS
Requirements
or
provisions
of
the
Zoning
Ordinance
not
subject
to
relaxation
or
waiver
by
the
Variance process
112
MARINA
A
place
for
docking
pleasure
boats
or
Commercial
Vessels
and
providing
services
to
the
occupants
thereof
including
minor
servicing
and
minor
repair
to
boats
sale
of
fuel
and
supplies
and
provision
of
lodging
food
beverages
commercial
offices
and
entertainment
as
Accessory
Uses
113
docking
of
MEZZANINE
An
intermediate
floor
in
any
story
or
room
with
Floor
Area
not
exceeding
one
third
the
total
Floor
Area
in
that
room
or
story
in
which
the
mezzanine
occurs
and
with
clear
height
above
or
below
the
mezzanine
floor
construction
not
lessthan
seven
feet
3
place
for
A
MARINE
DOCKAGE
Accessory
UseonlyPleasureBoats2114115
116 MIAMI BEACH PROPERTY MAINTENANCE STANDARDS
Refers to Miami Beach Fla Code of the City of Miami Beach Chapters 17
A and 17B
1964 as amended 117 MOBILE HOME
See DWELLING UNIT PORTABLE 118 NEIGHBORHOOD PLAN The NeighborhoodPlanadoptedbytheCityCommissionwhichestablishes
design guidelines planning concepts and zoning
recommendations for a geographical area 119 NIGHTCLUB A business operated
to supply music or entertainment or both and which provides beverages
and meals prepared on the Premises seating for not less than 60 persons
at tables a dance floor at least 300 square feet in area and a
total Floor Area of at least 2
200 square feet 120 NONCONFORMING BUILDING OR STRUCTURE A BuildingorStructureorportionthereofwhichwasdesignederectedorstructurallyAlteredprior
to the effective date of this Ordinance in such a manner that
characteristics of the Building or Structure other than
its Use do not comply with the restrictions of this
Ordinance 121 NONCONFORMING USE A Use which exists lawfully prior to the effective
date of this Ordinance and is maintained at the time of and
after the effective date of this Ordinance
although it does not conform to the Use restrictions
of this Ordinance 122 NON HISTORIC BUILDING OR STRUCTURE Buildings which do
not meet the Historic Building criteria for a Historic
Structure or one whose
alterations are not reversible and whose historic architectural elements have been substantially destroyed
123 NURSING HOME A facility licensed by the Sate as a
Nursing Home and providing long term care of the chronically ill the physically disabled
and the aged
who are unable to move about without the
aid of another Person or device 124 OCCUPATIONAL LICENSE The required license to
conduct business within the City
of Miami Beach pursuant to Chapter 20 of the Code of theCityofMiamiBeach
125 OPEN SPACE That part of a Lot in the Redevelopment
Area including Courts and Yards which a is open and unobstructed from
its lowest level upward and b is
accessible to all residents on the Lot without restrictions except as may
be required for safety and c is not occupied by Off
Street Parking Streets drives or other surfaces for vehicles except as may
be required to provide one parking space per Apartment Unit on the Lot
Open Space is in general that part of a Lot availableforentryandUsebytheoccupantsoftheBuildingor
Buildings on the Premises but may include space
located and treated to enhance the amenity of the Development by
providinglandscapingscreeningforthebenefitoftheoccupantsorneighboringareasorageneralappearanceof313
openness
Open
Space
may
include
water
surfaces
not
more
than
0
percen
t
of
total
Open
Space
compr ise
itions
cond that
to
pursuant
Landscaping
roofs
decks
or
garages
contained
in
the
district
regulations
d
PEN
SPACE
RATIO
Refers
to
a
percentage
calculated
as
the
area
of
Open
Space
including
required
Yards
at
Grade
to
the
gross
Lot
area
of
a parcel
126
VERLA
Y
DISTRICT
Constitutes
a
set
of
regulations
which
are
superimposed
upon
and
supplement
but
do
not
replace
the
underlying
zoning
district
and
regulations
otherwise
applicable
to
the
designated
areas
127
the
parking
surface
level
area
or
Building
used
for
A
PARKINI
LOT
of
motor
vehicles
128
is
parking
where
LO
OMMERCIAL
A
Parking
Lot
the
general
pu blic
for
compensation
PARKIN
offered
to
129
to
be
used
for
PARKING
LOT
TEMPORARY
A
Parking
Lot
designed
a
temporary
period
of
time
See
Section
7
6
H
130
PARKING
SPACE
OFF
STREET
An
all
weather
surfaced
area
not
in
a
Street
or
Alley
which
affords
egress
by
an
all
weather
surfaced
driveway
for
an
automobile
without
requiring
another
automobile
to
be
moved
131
to
equal
is
PEDEST
AL
That
portion
of
a
Building
or
Structure
which
or
less
than
50
feet
in
height
above
sidewalk
elevation
132
PERFORMANCE
STANDARD
USE
Any
Development
in
the
PS
Performance
Standard
District
for
which
a
Building
Permit
or
Development
approval
is
required
and
which
Use
is
permissible
as
of
right
or
by
Conditional
Use
in
the
PS
district
133
See
INDIVIDUAL
PERSON
AL
SERVICE
Any
services
in
addition
to
housing
and
food
service
which
include
but
are
not
limited
to
personal
assistance
with
bathing
dressing
ambulation
housekeeping
supervision
emotional
security
eating
supervision
of
self administered
medications
and
assistance
with
securing
health
care
from
appropriate
sources
PERSON
134
135
PLANNING
AND
ZONING
DIRECTOR
The
Individual
appointed by
the
City
Manager
who
is
the
Director
of
the
Planning
and
Zoning
Department
136
PLEASURE
CRAFT
R
PLEASURE
BOAT
A
vessel
not
within
the
classification
of
a
Commercial
Vessel
Housebarge
or
Houseboat
and
which
is
designed
primarily
for
the
purpose
of
movement
over
a
body
of
water
and
which
is
equipped
with
a
means
ofpropulsioninoperatingconditionwhichisappropriatetothesizeandtypeofvessel314137
138 PORTE COCHERE An attached or detached roofIike
Structure extending from the entrance of a Building over an adjacent
driveway 139 PREMISES A Lot together with all Buildings and
Structures thereon 140 PROMENADE LINKAGE A Structure which functions
as a stairway or ramp connecting the upland property to the
Beachfront Park and Promenade Said Structure shall conform tothedesignspecificationsfortheBeachfrontParkandPromenadeandshallbelocatedatpointsestablishedbythePlanningandZoningDepartment
All such Structures shall conform to the requirements of the State of
Florida Department of Natural Resources
Division of Beaches 141 PROPERTY OWNER The Person or Persons havingalegalorequitableinterestinrealpropertyincludingpropertythatis
the subject of a Development Agreement and includes the property
owner s
successor in in terest 142 REDEVELOPMENT AREA That portion of
the City designated by the City Commission pursuant to
Section 163 330
et seq Florida Statutes 1969 and amendmentsthereto143REDEVELOPMENTPLANTheSouthShoreRevitalizationStrategypreparedpursuanttoFloridaStatutesSection163330et
seq adopted by the City Commission on February 15 1984
and constituting the Redevelopment Plan for the
Redevelopment Area as well as the redevelopment element of
the City Comprehensive Plan 144 RESTAURANT An establishment where refreshments or mealsmaybepurchasedbythepublicandwheretheprimary
business is the serving of food to be consumedonoroffthePremises145ROOMINGHOUSEABuilding
other than an Apartment Apartment Hotel Hotel where for compensation and
by pre arrangement for definite periods lodging meals or lodging
and meals are provided for three or more persons but not for
more than 20 persons 146 SAFETY BARRIERS A screened in patio
a wooden or wire fence a stone or concrete block wall
crime
prevention fence or other materials constructed or used to separate Persons
from potential hazards on the Premises 147 SELF SERVICELAUNDRYAbusinessestablishmentequippedwith
customer operated automatic washing machines having
a capacity per unit not exceeding twenty five 25 pounds of dry
clothing 148 SER VICE STATION See FILLING
STATION 149 SHARED PARKING Parking space that canbeusedtoservetwoormoreindividualUseswithoutconflictorencroachment150Anidentificationdescriptionillustrationordevicewhichisaffixedtoorrepresenteddirectlyorindirectly
uponlandoraBuildingorStructureorobjectandwhichdirectsattentiontoaplaceactivityproductPersoninstitutionorbusiness315
IGN
AREA
That
area
within
a
line
including
the
outer
extremities
of
all
letters
figures
characters
and
delineations
or
within
a
line
including
the
outer
extremities
of
the
framework
or
background
of
the
Sign
whichever
line
includes
the
larger
area
The
support
for
the
Sign
background
whether
it
be
columns
a
pylon
or
a
Building
or
part
thereof
shall
not
be
included
in
the
Sign
Area
Only
one
side
of
a
double
faced
Sign
shall
be
included
in
a
computation
of
Sign
Area
The
area
of
a
cylindrical
Sign
shall
be
computed
by
multiplying
one
half
of
the
circumference
by
the
height
of
the
Sign
151
A
WNINli
Any
Sign
painted
stamped
perforated
or
stitched
on
an
Awning
Canopy
roller
curtain
or
umbrella
152
IGN
NSTR
TION
A
Temporary
Sign
which
is
located
at
a
construction
site
and
which
lists
the
name
of
the
project
developer
architect
contractor
subcontractor
and
sales
information
153
IGN
DETACHED
A
Sign
not
attached
to
or
painted
on
a
Building
but
which
is
affixed
to
the
ground
A
Sign
attached
to
a
flat
surface
such
as
a
fence
or
wall
not
a
part
of
the
Building
shall
be
considered
a
Detached
Sign
54
IGN
DOUBLE
FACED
A
Sign
with
two
parallel
or
nearly
parallel
faces
back
to
back
and
located
not
more
than
24
inches
from
each
other
155
IGN
EST
ABLISHMENT
IDENTIFICATION
A
Sign
which
pertains
only
to
the
Use
of
a
Premises
and
which
depending
upon
the
zoning
district
in
which
it
is
located
contains
any
or
all
of
the
following
inf
orma
tion
156
management
of
the
Use
and
or
The
name
of
the
owner
occupant
a
the
principal
Use
The
kind
of
business
and
or
the
brand
name
of
commodi
ty
sold
on the
Premises
the
The
address
of
b
c
Other
information
relative
to
a
service
or
activity
involved
in
the
conduct
of
the
business
but
not
including
the
names
of
subsidiary
products
except
where
specifically
permitted
by
the
provisions
of
this
Ordinance
d
IGN
FLASHING
An
illuminated
Sign
on
which
the
artificial
or
reflected
light
is
not
maintained
stationary
and
constant
in
intensity
and
color
at
all
times
when
in
use
Any
revolving
illuminated
Sign
shall
be
considered
a
Flashing
Sign
157
IGN
FLAT
Any
Sign
attached
to
and
erected
parallel
to
the
face
of
or
erected
or
painted
on
the
outside
wall
of
a
Building
and
supported
throughout
its
length
by
such
wall
or
Building
and
not
extending
more
than
12
inches
from
the
Building
wall
158
IGN
GENERAL
A
OVER
TISING
Any
Sign
which
is
not
an
accessory
Sign
or
which
is
not
specificallylimitedtoaspecialpurposebytheseregulations316159
160 SIGN ILLUMINATED Any Sign designed to give forth artificial
light or designed to reflect light from one or more sources of artificiallighterectedforthepurposeofprovidinglightforthe
Sign 161 SIGN MAROUEE Any Sign attached to or hung from a
marquee For the purpose of this Ordinance a marquee shall be as defined intheCodeoftheCityof
Miami Beach 162 SIGN PROJECTING A Sign which is attached to and
projects more than 12 inches from the face of a wall of aBuildingThetermProjectingSignincludesaMarqueeSignAProjecting
Sign which extends more than 36 inches above a roof line or parapet
wall shall be
designated as a roof Sign 163 SIGN PYLON A free standingSignpermanentlyaffixedtothegroundwithouttheneedofpostsandorpoleswithamaximumoverallheight
not to exceed 5 from sidewalk elevation 164 SIGN ROOF A Sign which is
fastened to and supported by or on the roof of a Building or which extends
over the roof of a Building or a Projecting Sign which
extends more than 36 inches over or above the
ro f line or parapet wall of a Building 165 SITE A parceloflandconsideredasaunitcapableofbeingoccupiedby
a Use permitted in this Ordinance possessing a continuous or unbroken boundarynotdividedbyapublicStreetrightofwayprivateStreet
or Waterway Except for properties which are involved in the Transfer
of Development Rights where the site is that property within a
project that has been approved under Section 6 29
of this Ordinance 166 SITE PLAN A drawing illustrating aproposedDevelopmentandprepared
in accordance with the specifications and requirements as set forth
in Sections 17 and 18 167 SITE PLAN APPROVAL Final approval
by the
properly designated City agency department or official pursuant to
the procedure set forth in Section 17 or 18 168 SOUTH FLORIDABUILDINGCODEReferstotheSouthFlorida
Building Code adopted pursuant to Miami Beach Fla Code of the City ofMiamiBeachChapter8Sec811964asamended169STORY
That portion of a Building other than a basement or Mezzanine included between the surfaceofanyfloorandthesurfaceofthefloor
next above it or if there be no floor next
above it then the
space between such floor and the ceiling next above it
170 STREET A public thoroughfare which affords the principle means
of access to abutting property 171 STREET LINE The right of
way line of a Street 172 STRUCTURAL AL TERA TION Any
changeexceptforrepairorreplacementinthesupportingmembersofaBuildingorStructuresuchasbearingwallscolumnsfloororroofjoistsbeamsorgirders317
TRUCTURE
Anything
constructed
or
erected
the
Use
of
which
requires
permanent
location
on
the
ground
Among
other
things
Structures
include
Buildings
walls
fences
Signs
and
screen
enclosures
173
BST
ANTIAL
REHABILITATION
Rehabilitation
the
cost
of
which
exceeds
50
of
the
replacement
value
of
the
Building
Structure
or
Improvement
as
determined
by
the
Dade
County
Property
Appraiser
s
Office
and
resulting
in
a
Structure
which
meets
all
applicable
requirements
of
the
Miami
Beach
Property
Maintenance
Standards
the
South
Florida
Building
Code
and
the
Fire
Prevention
and
Safety
Code
174
BTERRANEAN
That
portion
of
a
Building
or
Structure
which
is
equal
to
or
less
than
the
sidewalk
elevation
Where
a
Subterranean
area
abuts
a
side
Lot
Line
open
and
unencumbered
access
shall
be
provided
from
the
front
Yard
area
to
the
roof
or
deck
of
such
area
by
means
of
a
ramp
or
stairs
175
PPER
CLUB
A
business
establishment
operated
to
supply
music
or
entertainment
and
to
provide
beverages
and
meals
prepared
on
the
Premises
for
on
Premises
consumption
during
all
hours
of
operation
and
having
table
seating
for
not
less
than
150
Persons
a
dance
floor
of
not
less
than
400
square
feet
and
having
an
area
of
not
less
than
10
000
square
feet
contained
within
a
free
standingBuilding
wherein
no
other
activities
are
conducted
176
WIM11ING
POOL
COMrvlERCIAL
Any
conventional
pool
spa
type
pool
wading
pool
or
special
purpose
pool
constructed
and
operated
pursuant
to
the
standards
and
regulations
of
the
State
of
Florida
Department
of
Health
and
Rehabilitation
and
serving
any
type
of
Structure
or
group
of
Structures
of
four
4
or
more
Dwelling
units
177
portion
of
a
Building
or
Structure
which
exceeds
50
feet
TOWNHOME
OR
TOWNHOME
DEVELOPMENT
A
grouping
of
single
Family
attached
or
detached
units
on
one
Site
with
each
unit
having
separate
ingress
and
egress
TOWER
That
in
height
178
179
See
DWELLING
UNIT
PORTABLE
Any
purpose
for
which
Buildings
or
other
Structures
or
land
may
be
arranged
designed
intended
maintained
or
occupied
or
any
occupation
business
activity
or
operation
carried
on
or
intended
to be
carried
on
in
a
Building
or
other
Structure
or
on
land
TRAILER
180
181
VALUE
DETERMINATION
The
method
set
forth
in
the
South
Florida
Building
Code
for
determining
the
estimated
cost
of
new
construction
or
Substantial
Rehabilitation
182
V
ARIANCE
A
Variance
is
a
relaxation
of
certain
regulations
contained
in
this
Ordinance
asspecifiedinSection167A2183oroffersforsaleaproductsellswho8Individua3VENDORAn84
185 WINE All beverages made from fresh fruits berries or grapes eitherbynaturalfermentationorbynaturalfermentationwithbrandyadded
in a manner required by the laws and regulations of the United States
and includes all sparkling wines champagnes combinations of the
aforesaid beverages vermouths and the like
products 186 WA TERWA Y Any body of water including any creek canal
river lake bay or ocean natural or artificial except a swimming pool
or ornamental pool located on a
single Lot 187 YARD An open area other than a Court which is on the
same Lot as a Building and which is unoccupied and unobstructedfromthegroundupwardexceptasotherwiseprovided
in these regulations 188 Y ARD FRONT A Yard extending the full width
of the Lot between the main Building and
the front Lot Line 189 Y ARD REAR A Yard extending the full width
if the Lot between the main Building
and the rear Lot Line 190 Y ARD REOUIRED The minimum
distance allowed between a Lot Line and a
Building or Structure excluding allowable encroachments 191 Y ARD SIDE A Yard between the
Building and the adjacent side of the Lot and extending from the
Front Yard to the rear Yard thereof 192 ZONING DISTRICT
MAP The City of Miami Beach Zoning District Map as amended dated and signed
by the Mayor and City Clerk
of the City of Miami Beach upon adoption 193
ZONING ORDINANCE The City
ofMiamiBeachZoningOrdinanceOrdinanceNo892665asamended319
SECTION
4 ZONING
DISTRICTS 4
1 DISTRICTS ESTABLISHED A To achieve the purposes of this Ordinance and of Part IDivision1IArticleVIRelatedLawsTheCodeoftheCityofMiamiBeachFloridaandregulatetheUseoflandwaterandBuildingsheightandbulkofBuildingsandotherStructuresandpopulationdensityandOpenSpacetheCityisherebydivided
into
the following
districts
SYMBOL
RS
I RS
2
RS
3 RS
4
RM
I
RM
2
RM
3 CD
I
CD
2
CD
3 CCC
GC
GU HD I
I MR
MXE RO
TH WD
I WD
2 R
PS I
R PS2
R PS3 R
PS4 C
PSI
C PS2 C
PS3 C PS4
RM PS I
4 2 DISTRICT
MAP DISTRICT Single Family Residential
Single Family Residential Single Family
Residential Single Family Residential Residential
Multi Family Low
Intensity Residential Multi
Family Medium Intensity Residential Multi
Family High Intensity
Commercial Low Intensity
Commercial Medium Intensity
Commercial High
In tensi
ty Convention Center
District Golf Course
District Governmen
t Use
Hospital District
Industrial Light
Marine Recrea tional Mixed
Use Entertainment Residential
Office Townhome Residential Waterway
District Waterway District Residential Medium
Low Density Residential Medium
Density Residential Medium High
Density Residen tial High
Densi ty Commercial Limited
Mixed Use Commercial General
Mixed Use Commercial Intensive Mixed Use Commercial Intensive Phased Bayside Residential Mixed Use Development A ThelocationsoftheseDistrictsareshownonamapdesignatedastheCityofMiamiBeachZoningDistrictMapdatedandsignedbytheMayorandCityClerkoftheCityofMiamiBeachuponadoptionThisZoningDistrictMaptogetherwithallnotationsdimensionsreferencesandsymbolsshown
thereon pertaining to such districts is hereby adopted by reference and declared to be asmuchapartofthisOrdinanceasiffullydescribedhereinSuchmapshallbeavailableforpublicinspectionintheofficeofthePlanning
andZoningDepartmentandanylateralterationstothismapadoptedbyamendmentas41
itable
filed
and
made
a
va
be
similarly
da
ted
provided
in
this
Ordinance
shall
for
public
reference
INTERPRET
A
TIONQF
DISTRICT
BOUNDARIES
A
district
name
or
symbol
shown
on
the
district
map
indicates
that
the
regulations
pertaining
to
the
district
designated
by
that
name
or
letter
number
combination
extend
throughout
the
whole
area
in
the
municipality
bounded
by
the
district
boundary
lines
within
which
such
name
or
symbol
is
shown
or
indicated
except
as
otherwise
provided
by
this
section
A
4
3
the
various
districts
this
Ordinance
the
Where
uncertainty
exists
with
respect
to
the
boundaries
of
as
shown
on
the
map
accompanying
and
made
a
part
of
following
rules
apply
In
cases
where
a
boundary
line
is
given
a
position
within
a
Street
or
Alley
easement
canal
navigable
or
non
navigable
stream
it
will
be
deemed
to
be
in
the
center
of
the
right
of
way
of
the
Street
Alley
easement
canal
or
stream
and
if
the
actual
location
of
such
Street
Alley
easement
canal
or
stream
varies
slightly
from
the
location
as
shown
on
the
district
map
then
the
actual
location
controls
1
the
established
Bulkhead
The
boundary
line
adjacent
to
the
Atlantic
Ocean
is
the
Erosion
Control
Line
as
determined
in
accordance
with
Florida
Statutes
Structures
loca
ted
east
of
the
Bulkhead
Line
and
ex
tending
to
the
Erosion
Con
trol
Line
shall
be
considered
similar
to
an
Accessory
Use
to
the
upland
property
and
allowed
only
pursuant
to
the
provisions
of
Section
15
Dune
Overlay
Regulations
In
the
event
there
is
no
Bulkhead
then
a
line
shall
be
extended
from
the
adjacent
properties
Bulkhead
Line
This
line
shall
be
determined
to
be
the
Bulkhead
Line
for
the
property
until
one
is
constructed
is
line
adjacent
to
Biscayne Bay
The
boundary
Line
2
3
The
east
boundary
line
of
the
Dune
Overlay
Zone
shall
be
the
Erosion
Control
Line
as
established
by
the
appropriate
regulatory
agencies
and
the
west
boundary
line
shall
be
the
Bulkhead
Line
as
set
forth
in
paragraph
3
above
The
north
and
south boundary
line
shall
be
the
City
limits
4
Where
the
district
boundaries
are
not
otherwise
indicated
and
where
the
property
has
been
or
may
hereafter
be
divided
into
Blocks
and
Lots
the
district
boundaries
will
be
construed
to
be
the
Lot
Lines
and
where
bounded
approximately
by
Lot
Lines
the
Lot
Lines
will
be
construed
to
be
the
boundary
of
such
districts
unless
the
boundaries
are
otherwise
indica
ted
on
the
map
or
by
ordinance
5
If
a
parcel
of
property
is
crossed
by
a
zoning
district
boundary
and
thus
lies
in
two
zoning
districts
the
district
boundary
shall
be
treated
as
if
it
were
a
Lot
Line
separating
the
two
separately
zoned
parcels
6
The
boundary
line
between
the
Atlantic
Ocean
and
Biscayne
Bay
shall
be
a
constant
projected
line
152
20
feetsouthoftheextensionofthesoutherlyendofBiscayneStreet427
SECTION
5 GENERAL
PROVISIONS 5 1 COMPLIANCE
WITH REGULATIONS REOUIRED Except
as hereinafter provided A No land or water area may be used except for a purpose permitted
in the district in which
it is located B No land or water area may be used without an approved
Certificate of Use C No Building shall be erected converted enlarged
reconstructed moved or structurally altered nor shall any Building or part thereof be
used except for a Use permitted in the district in which the
Building is located D No Building shall be erected converted enlarged
reconstructed moved or structurally altered to exceed the height limit herein established
for the district in which the
Building is located E No Building shall be erected converted enlarged
reconstructed moved or structurally altered except in conformity with the area regulations
of the district in which the
Building is located F No Building shall be erected converted enlarged
reconstructed moved or structurally altered except in conformity with the Off
Street Parking and loading regulations of the district in which the
Building is located G No Building shall be erected converted enlarged
reconstructed moved or structurally altered except in conformity with the Floor
Area Ratio minimum and average unit sizes or Open Space Ratio regulations of the
district in which
it is located H No Building shall be erected or moved except in conformity
with the established flood criteria applicable to the Site on which the Building is
to be located I A Building containing Hotel Suite Units as specified in
Section 6 22 0 of this Ordinance shall not be converted to
Apartment Units unless the minimum and
average Unit size requirements are met J No Building shall be
erected converted enlarged reconstructed moved or structurally altered without approval of
the Planning and
Zoning Director and the Building Official K No Building Permit shall be issued for any Lot or
Site that does not meet the requirements of the definition of
Lot as stated in this
Ordinance 5 2 ENCROACHMENT REDUCTION OF LOT AREA The minimum Yards parkingspaceOpenSpacesincludingLotAreaperFamilyrequiredbytheseregulationsforeachand
every Building existing at the time of the passage of these regulations or
for any Building hereafter erected shall not be encroached upon or considered as RequiredYardorOpenSpaceforanyotherBuildingexceptashereinafterprovidednor
shall any Lot Area
bereducedbelowtherequirementsoftheseregulations51
QRY
BUILDINGSPRIOR
CONSTRUCTION
AND
USE
OF
Except
as
provided
in
Section
6
21
E
of
this
Ordinance
no
Accessory
Building
shall
be
constructed
upon
a
Lot
until
the
construction
of
the
main
permitted
Use
Building
has
been
actually
completed
unless
construction
of
the
main
and
Accessory
Buildings
is
concurrent
No
Accessory
Building
shall
be
used
unless
the
main
Use
Building
on
the
Lot
is
also
being
used
A
5
3
TST
ANDING
BUILDING
PERMITS
AND
PROJECTS
WHICH
HA
VE
RECEIVED
NING
APPROV
AL
5
4
Any
Building
or
Structure
for
which
a
Building
Permit
has
been
issued
or
for
which
the
Planning
and
Zoning
Director
has
approved
plans
for
zoning
compliance
with
Ordinance
No
1891
as
amended
may
be
built
or
processed
to
obtain
a
Building
Permit
in
accordance
with
the
zoning
regulations
listed
in
Zoning
Ordinance
1891
as
amended
However
the
Building
Permit
shall
be
valid
for
the
period
of
time
as
specified
in
the
South
Florida
Building
Code
The
plans
approved
by
the
Planning
and
Zoning
Director
shall
be
valid
for
a
period
of
time
not
to
exceed
60
days
from
the
effective
date
of
this
Ordinance
or
in
those
instances
where
a
development
requires
additional
review
or
approval
from
Metropolitan
Dade
County
the
plans
shall
be
valid
for
a
period
of
time
not
to
exceed
120
days
from
the
effective
date
of
this
Ordinance
in
which
time
a
Building
Permit
for
the
entire
Building
shall
be
obtained
with
due
diligence
If
a
Building
Permit
for
the
entire
Building
is
not
applied
for
within
the
60
day
period
then
the
Development
shall
conform
to
the
regulations
as
contained
in
this
Ordinance
All
work
not
associated
with
that
which
was
allowed
on
the
Building
Permit
or
on
plans
approved
by
the Planning
and
Zoning
Director
shall
be
in
accordance
with
this
Ordinance
TRACTOR
TRAILER
TRAILER
PORT
ABLE
DWELLING
UNITS
No
tractor
Trailer
truck
semi
Trailer
Trailer
or
Portable
Dwelling
Units
shall
be
permitted
on
any
parcel
of
land
except
for
purposes
of
loading
and
unloading
except
when
used
as
a
Sales
Building
as
specified
in
Section
6
21
E
of
this
Ordinance
and
as
provided
elsewhere
in
this
Ordinance
5
5
DERELICT
MOTOR
VEHICLES
No
derelict
motor
vehicles
shall
be
permitted
on
any
parcel
of
land
except
as
provided
in
Section
6
14
A
of
this
Ordinance
A
motor
vehicle
shall
be
considered
derelict
when
it
is
in
a
wrecked
inoperative
or
partially
dismantled
condition
or
when
it
does
not
have
a
current
registration
and
license
plate
as
required
by
Florida
Statute
Chapter
320
1987
as
amended
5
6
TORE
ENCLOSURES
In
all
Use
districts
designated
in
this
Ordinance
the
sale
or
exposure
for
sale
or
rent
of
any
personal
property
including
merchandise
groceries
or
perishable
foods
such
as
vegetables
and
fruits
is
prohibited
unless
such
sale
or
exposure
for
sale
is
made
from
a
substantially
enclosed
permanent
Building
or
Structure
provided
however
that
nothing
herein
contained
shall
be
deemed
applicable
to
Filling
Stations
automobile
service
stations
or
repair
shops
Uses
having
revocablepermitsorbeachconcessionsoperatedorgrantedbytheCitynewsracksornewspaperstandswhereversuchUsesareotherwisepermissible5257
5 8 DIVISION OF LOT
LOT SPLIT No Lot plot or parcel of land whether improved or unimproved designated
by number letter or other description in a plat of a subdivision shall be further dividedorsplitforthepurposewhetherimmediateorfutureoftransferof
ownership or Development without prior review and approval by the Director of the
Planning and Zoning Department Lots shall be divided in such a manner that all of
the resulting Lots are consistent with the regulations of this Ordinance All Lot Lines
resulting from the division of a Lot shall be
straight lines 5 9 RELATIONSHIP
TO THE COMPREHENSIVE PLAN All regulations contained herein and the maps attached
thereto shall be amended supplemented or changed only in compliance
with Florida Statute Chapter 163 1987 as amended as pertains to
comprehensive planning activities Neighborhood Plans shall not be considered as part of the Comprehensive
Plan unless the City Commission adopts the Neighborhood Plan
as part of the Comprehensive Plan 5 10 OCEANFRONT
LOTS BOUNDARY LINE SETBACKS AND FLOOR AREA RATIO The rear boundary of an Oceanfront Lot
shall be the Erosion Control Line Floor Area computations shall include all of Lot
Area measured to the Erosion Control Line The rear setback shall be measured from the
Erosion Control Line or 50
feetfromtheoldBulkheadLinewhicheverisgreater53
SECTION
6 SCHEDULE OF DISTRICT
REGULATIONS 6 1 RS I RS 2 RS 3
RS 4 SINGLE FAMILY
RESIDENTIAL
DISTRICTS
A Purpose
and
Uses
1
District Purpose
2 Main Permitted Uses
3 Conditional Uses 4
Accessory Uses This district
is
designed to protect
the
character of the
single family neighborhoods Single
Family detached Dwelling Helicopter
pads and landing
areas
and docks that
project into a
Waterway more than 25
ft
Those Uses customarily
associated with
Single Family
homes See Sec tion 6 21 B Development Regulations 1 Base FARNA2MaxFAR3Min
Lot 4 Min Lot 5 Min Unit 6
Avg Unit 7 Max Bldg with bonus Area
Width Size
Size Height
sq ft
feet sq ft sq
ft feet
N
A
RS l 30
000
RS l 100 1 800 N
A 33 RS 2 18
000 RS 2 75
RS 3 10 000
RS 3 60
RS 4 6 000 RS
4 50 C
S tback Requirements 1
Front 2 Side Interior 3
Side Facing a Street
4 Rear 20
feet The
sum of the
Side Yard width
shall be at least 25
of the Lot
Width but not to
exceed 50 feetj
anyone Side Yard
shall have a minimum
of 7 5 feet
When an existing Build
ing has a minimum
5 ft Side Yard
setback the setback
of
new construction in connection with the
existing Building
may be
allowedtofollowtheexistingBuildinglineThemaintenanceoftheminimumrequiredSideYardsetbackshallapplytothelinearextensionofasingleStoryBuildingortheconstructionofasecondflooradditiontoexistingsingleFamilyBuildings15feetminimum15oftheLotDepth20feetminimum50feetmaximum61
RESIDENTIAL
MULTI
FAMILY
LQW
INTENSITY
RM
I
6
2
Purpose
and
Uses
A
Accessory
U
sea
See
Section
6
21
4
onal
Adult
Congregate
Living
Facility
Day
Care
Facility
Nursing
Home
Religious
Institutions
Private
and
Public
Institutions
Schools
Commercial
or
noncommercialParking
Lots
and
Garages
Condit
Uses
3
Permitted
Single
Family
detached
Dwelling
Townhomes
Apartments
Uses
that
serve
Alcoholic Bever
agesaslisted
in Section
12
Alcoholic
Beverages
Main
Uses
2
District
Purpose
This
district
is
designed
for
low
intensity
low
rise
single
and
multiple
Family
residences
1
greater
sq
ft
Lot
Area
than
30
001
Lot
Area
between
15
001
and
30
000
sq
ft
Regula
tions Lot Area
equal
to
or less than
15
000 sq ft
Developmen t
B ura t
Architec District
1
1
otherwise
1
ura
t
Architec District 1
1
otherwise
1 ura Architec
District
75
otherwise 1 0
Base
FAR
6
Architectura
District
1
6
otherwise
2 0 25
1
6
1
25 2
Maximum
FAR with
bon us
See
Sec
6
24
Max
Bldg Height feet
7
6
A
vg
UnitSizesqft5MinUnitSizesqftMinLotWidthfeet4MinLotAreasqft3ArchitecturaDistrict40otherwisenoneNewConstruction800NewConstruction550505600RehabilitatedBuildings550RehabilitatedBuildings400SeeSection6562SetbackRequirementsC
6 3 RM 2 RESIDENTIAL MULTI F AMIL
Y MEDIUM INTENSITY A
Purpose
and
Uses 1
District
Purpose
2
Main Permitted
Uses 3 Conditional Uses
4 Accessory Uses
This district is
designed
for medium intensity
multiple family
resi
dences Single
Family detached Dwelling Townhomes
Apartments Apartment Hotels
Hotels Uses that
serve Alcoholic
Beverages as
listed in Section
12 Alcoholic Beverages
Adult Congregate
Living Facility Day
Care Facility
Nursing Home Religious
Institutions Private and
Public Institutions Schools
Commercial or
non commercialP arking
Lots and Garages
See Section 6 21
B Development
Regulations Lot
Area
equal
to or
less than
7
500
sq ft
Lot Area
between
7
501 and
15 000
sq
ft
Lot Area
between 15
001 and
22 500
sq ft
Lot
Area between
22 501
and
30 000 sq
ft Lot
Area between 30
001
and 37 500
sq ft
Lot Area greater
than 37
501 sq ft
1
Base
FAR
1
25
1
5
1
75
2
0 2 25 2
5 2
Maximum FAR with bonus See Sec 24 1 75 2 0
2 25
2 5 2 75 3
03MinLotAreasqft4MinLotWidthfeet5MinUnitSizesqft6AvgUnitSizesqft7MaxBldgHeightfeet700050NewConstruction550NewConstruction800NoneRehabilitatedBuildings400RehabilitatedBuildings550HotelUnit1530033585335HotelUnitsNA8ThemaximumFloorAreaRatioforHotelDevelopmentshallbepursuanttoSection623CSetbackRequirementsSeeSection6563
FAMILY
HIGH
INTENSITY
RESIDENTIAL
MULTI
RM
3
6
4
Purpose
and
Uses
A
Accessory
Uses
See
Section
6
21
4
tional
Adult
Congregate
Living
FacilitYj
Day
Care
FacilitYj
Nursing
Homej
Religious
Institutionsj
Private
and
Public
Institutionsj
Schoolsj
Commercial
ornoncommercialP
arking
Lots
and
Garages
Cond
Uses
3
Permitted
Single
Family
detached
Dwellingj
Townhomesj
Apartmentsj
Apart
ment
Hotelsj
Hotels
Uses
that
serve
Alcoholic
Beverages as
listed in
Section
12
Alcoholic
Beverages
Main
Uses
2
District
Purpose
This
district
is
designed
for
high
intensity
multi
ple
Family
residences
and
Hotels 1 Lot
Area
greater
than
75 000 sq
ft
Lot
Area
between 60 000
and
74 999
sq
ft Lot Area
between
45 000
and
59
999
sq
ft
Lot
Area
between
37
500
and 44 999
sq
ft
Regulations
Lot
Area
between
22
500
and
37
499
sq
ft
Development
Lot
Area
equal
to
or
less
than
22
499
sq
ft
B
4
25
6
00
3
65
3
05
2
45
1
85
1
25
1
Base
FAR
5
40
4
80
4
20
3
60
3
00
2
Maximum
FAR
with
all
bonuses
See
Sec
6
24
be pursuant
to
Section
6
23
Development
shall
Hotel
Area
Ratio
for
The
maximum
Floor
Methodology
Floor
Area
Ratio
bonuses
are
achieved
in
two
ways
The
first
is
a
bonus
for
design
based
upon
criteria
listed
in
Section
6
24 The
maximum
increaseintheFloorAreaRatioabovethebaseFARachievedbyusingthedesignbonusesis050AreaRatioBonusFloorlaThesecondbonusisbasedontheaverageFloorAreaofalloftheApartmentUnitsThebelowtableliststhebonusFloorAreaRatiobasedupontheaverageApartmentUnitsize2AvgUnitFloorArea1600255000914000943000781200063110004710006403900016800000FARBonus
b For purposes of this Section the area contained in unenclosed Balconies shall
be included in determining the average Floor Area computations of units but
not in the Floor Area Ratio calculation
c Any number falling between the specified ranges shall be calculated byinterpolation
d The Maximum Floor Area Ratio FAR with all bonuses is determined by the
following formula
Base FAR Design Bon us
1 25
to 4 25 0 0 to 0
50
based upon Lot Area based
on
design criteria A
vg Unit Size
Bonus 0
0 to
1 25 based
on average
uni t size
Maximum
Floor Area Ratio
3 Min
Lot Area Iq
ft 4
Min Lot Width
feet
5
Min
Unit
Size
Iq
ft
6
Avg Unit
Size
sq
ft 7
Max Bldg
Height feet 7 000 50
NewConstruction550NewConstruction800NoneRehabilitatedBuildings400HotelUnit1530033585335RehabilitatedBuildings550HotelUnitsNAcSetbackRequirementsSeeSection6565
RM
l
2
3
RESIDENTIAL
SETBACK
REQUIREMENTS
6
5
Rear Non
oceanfront
Lots
5
feet
Oceanfront
Lots
20
of
Lot
Depth
50
feet
minimum
4
Side
Facing
a
Street 5
or
5
of
Lot
Width
whichever
is
greater
3
Side
Interior
5
or
5
of
Lot
Width
whichever
is
greater
0
if
Lot
Width is 50
or
less
2
Front
20
1
A
At
Grade
parking
Lot
below
Building
Lots
Non
oceanfront
0
feet
Oceanfront
Lots
20
of
Lot
Depth
feet
minimum
5
or
5
of
Lot
Width
whichever
is
greater
5
or
5
of
Lot
Width
whichever
is
greater
0
if
Lot
Width
is
50
or
less
20
B
Subterranean
50
Non
oceanfront
Lots
10
of
Lot
Depth
Oceanfront
Lots 20 of
Lot
Depth
50
minimum
or
50
feet
from
the
old
Miami
Beach
Bulkhead
Line
whichever
is greater or
8
of
whichever
Sum
of
the
Side
Yards
shall
equal
16
of
Lot
Width
Min
7
5
Lot
Width
is
greater
or
8
of
whichever
Sum
of
the
Side
Yards
shall
equal
16
of
Lot
Width
Min
7
5
Lot
Width
is
greater
20
feet
Except
loti
A
and
1
30
of
the
Amended
Plat
Indian
Beach
Corpora
tion
Subdivision
and
lots
231
237
of
the
Amended
Plat
of
Firat Ocean
Front
Subdivision
50
feet
C
Pedestal
Non
oceanfront
Lots
15
of
Lot
Depth
Oceanfront
Lots
25
of
Lot
Depth
75
minimum
or
50
feet
from
the
old
Miami
Beach
Bulkhead
Line
whichever
is
greater
or
8
of
whichever
Sum
of
the
Side
Yards
shall
equal
16
of
the
Lot
Width
Min
7
5
Lot
Width
is
greater
The
required
Pedestal
setback
plus
10
of
the
height
of
the
Tower
not
to
exceed
50
feet
20
I
for
every
I
increase
in
height
above
50
to
a
maximum
of
50
then
shall
remain
constant
D
Tower
Except
lots
A
and
1
30
of
the
Amended
Plat
Indian
Beach
Corpora
tion
Subdivision
and
lots
231
237
of
the
Amended
Plat
of
Firat
Ocean
Front
Subdivision
50
feet
For
purposes
of
this
Section
on
lots
over
ten
10
acres
that
are
contiguous
to
Government
Cut
and
or
the
Atlantic
Ocean
on
at
least
two
2
sides
the
front
setback
shall
be
20
feet
non
oceanfront
and
interior
side
setbacks
shall
be
15
feet
and
the
rear
and
oceanfront
side
setbacks
shall
be
50
feet
from
the
mean
high
water
line
Permitted
Uses
within
the
50
foot
oceanfront
side
and
rear
setbacks
are
limited
to
the
following
enclosed
Structures
not
utilized
for
dwelling
purposes
shade
Structures
swimming
pools
Cabanas
hot
tubs
showers
whirlpoolstoiletfacilitiesswimmingpoolequipmentdeckspatiosandcourtgameswhensaidgamesrequirenofencesandparkingStructureshoweversaidParkingStructuresshallnotbevisiblefromtheDuneEIntheRMlResidentialDistrictthegroundfloorlevelofabuildingwhenviewedfromastreetshallbescreenedorenclosedThemethodofscreeningorenclosureshallbeapprovedundertheDesignReviewprocess66F
6 6 CD l COMMERCIAL
LOW INTENSITY 1 A
Purpose
and
Uses District
Purpose
2
Main
Permitted Uses
3 Conditional Uses 4 Accessory
Uses This is
a retail sales Personal
Services shop ping di
trict designed
to
provide service to
urrounding residential neighborhoods
Commercial U ea
Apartment Use that serve Alcoholic
Bever
age
as listed
in Section 12
Alcoholic Beverage
1 Base
FAR B
Development Regulations
2
Max FAR
with bonus
See
Sec
6 24 3
Min Lot
Area q ft
4 Min Lot
Width feet Nur ing
Homes Religious Institution Public and
Private In
titution School
Day Care
Facility and
any U
e selling
gasoline See
Section 6
21
5
Min Apt Unit Size q ft 6 Avg Apt Unit
Size sq ft
7
Max
Bldg
Height feet
0 5
1 0 40 Cornm
none Cornm
none Comm N A Comm
NARe5600Res50NewConstruction550NewConstruction800RehabilitatedRehabilitatedBuilding400Buildings550HotelUnit1530033585335HotelUnitsNACSetbackRequirementsSeeSection6967
6
7
Purpose
and
Uses
A
Accessory
Uses t
Conditional
Uses
Funeral
Home
Nursing
Homes
Religious
Institution
Public
and
Private
Institutions
Schools
and
any
Use
selling
gasoline
3
Permitted Commercial
Uses
Apartmentsj
Apartment
Hotels
Uses
that
serve
Alcoholic
Beverages
as
listed
inSection12
Alcoholic Beverages
Main
Uses
2
District
Purpose
Thil
diltrict
provides
for
commercial
activi
tiel
services
offices
and
related
activities
which
lerve
the
entire
City
1
3
Min
Lot
4
Min
Lot
5
Min
Apt
Area
Width
Unit
Size
Iq
ft
feet sq ft
Comm
none
Comm
Res
7
000
Res
50 7
Max
Bldg
Height
feet
6
Avg
Apt
Unit
Size sq
ft Regulations
Development 2 Max
FAR
with
bonul
See Sec 6
24
B
Base
FAR
1
New
Construction
800
New
Conltruction
550
Rehabilitated
Buildings
550
Hotel
Units
N
A
Rehabilitated
Buildings
400
HotelUnit1530033585335tobepursuantDevelopmentsha11HotelAreaRatioforThemaximumFloorSection623SeeSection6968SetbackRequirementsc
6 8 CD 3
COMMERCIAL HIGH INTENSITY 1
A
Purpose
and Uses
3
District
Purpose
2 Main
Permitted Uses Conditional Uses
4 Accessory Uses
This district
is designed to accommodate
a highly concentrated
business core in which
activities serving
the entire
City are located
Commercial Usesj
Apartmentsj Apart ment Hotels
Hotels Oceanfront properties shall not
be permitted to have
retail and or office
areas unless the
entire Building is
re habilitated according
to the South
Florida Building
Code the Miami Beach
Property Maintenance Standards and Fire Prevention
and Safety Codes and
if it is a Historic
Structure the U
S Secretary
of the
Interior Standards
for Rehabilitation and
Guidelines for Rehabilitating
Historic Structures Offices are
prohibited on the ground
floor on that portion
of Lincoln Road which
is closed to
traffic Uses that
serve Alcoholic
Beverages as listed
in Section 12
Alcoholic Beverages
Nursing
Homes religious
Institution public and
private Institutions Schools
See Section 6 21
B Development
Regulations Lot
Area
equal
to or
less than
22
499
sq ft
Lot Area
between
22
500 and
37 499
sq
ft
Lot Area
between 31
500 and
44 999
sq ft
Lot
Area between
45 000
and
59 999 sq ft Lot Area between 60 000 and 14 999
sq ft Lot Area greater than 15 000 sq ft 1 Base
FAR 1 25 3 00 6 00 2 Maximum 2 25 FAR with bonuses See Sec
6 23
a However the Floor Area Ratio range for residential development in the
Architectural District shall be 1 25 to 3 0 The Floor Area Ratio bonus
shallbebasedontheaverageroomsizeanddesignbonusassetforthinSection64B2aand624A200215350425500315450525bThemaximumFloorAreaRatiorangeforHotelDevelopmentincludinghotelseastofCollinsAvenueintheArchitecturalDistrictshallbepursuanttoSection62369
Max
Bldg Height feet
7
Avg Unit Size
sq
ft
6 Min Unit
Size
sq
ft 5 Min
Lot
Width feet 4
Min
Lot Area
sq
ft
3
ArchiteduralDistrict
west
of
Collins
Avenue
and
east
of
Park
Avenue
between
20th
Street
and
24th
Street
50 Otherwise
none
Comm
N
A New
Construction
800
Comm
N
A
New
Construction
550
Comm
none
50 Res Comm
none
7
000
Res
areas
All other
none
Rehabilitated
Buildings
550
Hotel
Units
N
A
Rehab
itated
Buildings 400
Hotel
Unit
15
300 335
85
335
2
3
ETBACK
REQUIREMENTS
CD
I
6
9
Rear
4
Side
Facing
a
Street
3
Side
Interior
2
Front
1
o
feet
5
feet
10
feet
when
abut
ting
a
residential
district
unless
separated
by
a
Waterway
in
which
case
it
shall
be
0
feet
o
feet
10
when
abutting
a
residential
district
unless
separated
by
a
Street
or
Waterway
otherwise
none
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
o
feet
10
when
abutting
a
residential
district
otherwise
none
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6 5
o
feet
o
feet
Residential
Uses
shall
follow
the
RM
1 2
3
setbacks
See
Section
6
5
A
Subterranean
B
Pedestal
and
Tower
non
oceanfront
25
of
Lot
Depth
75
minimum
or
50
feet
from
the
old
Miami
Beach
Bulkhead
Line
whichever
is
greater
Commercial
Uses
10
feet
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
Commercial
Uses
10
feet
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
Pedestal
15
feet
Tower
20
feet
l
for
every
l
increase
in
height
above
50 to
a
maximum
of
50
then
shall
remain
constant
C
Pedestal
and
Tower
oceanfron
t
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
setback
If
located
onthe
same
Lot
as
the
main
Structure
the
above
setbacks
shall
apply
If
primary
Use
the
setbacks
are
listed
in
Section
6
25
B
14
the
Pedestal
than
less
be
not
Parking
Lots
and
Garages
The
Tower
setback
shall
D
E
Area
Ratio
Setbacks
When
more
than
25
of
the
total
area
of
a
Building
is
used
for
residential
or
Hotel
Units
any
floor
containing
such
units
shall
follow
the
RM
I
2
3
setback
regulations
Calculation
of
Setbacks
andFloorMixedUseBuildings1FFARWhenmorethan25ofthetotalareaofaBuildingisusedforresidentialorHotelUnitstheFARrangeshallfollowtheFloorAreaRatiosasfollowsintheCDlDistricttheFARassetforthintheRM1DistrictintheCD2DistricttheFARassetforthintheRM2DistrictintheCD3DistricttheFARassetforthintheRM3District6102
6 10 CCC CIVIC AND CONVENTION
CENTER DISTRICT A Purpose
and
Uses
1 District
Purpose
2
Main
Permitted Uses
3 Conditional Uses
4 Accessory Uses
This district accom modates
the facilities
necessary to support
the Convention Center
Parking Lots garages
performing arts
and cultural facilities
Hotel merchandise
mart Commercial or office
Developmentj landscape Open Space
parks Any Use not
listed above shall
only be approved
alter the City Commission
holds a public hearing
See
Sec 6 10 D for public
notice requirements None Any
Use that is
custom arily
aasociated with
a convention center
or governmental Buildings
and Uses B Development
Regulations Lot
Area equal
to
or
less than
22 499
sq
Ct
Lot Area
between 22
500
and
37 499
sq ft
Lot
Area
between 37
500 and
44 999
sq ft
Lot Area
between
45 000
and 59
999
sq Ct Lot Area between 60 000 and 74 999 sq ft
Lot
Area greater than 75 000 sq Ct 1 Baae FAR 125200275
3 50 4 25 5 00 2 Maximum
2 25 3 00 3 75 4 50 5 25
6 00 FAR
with bonuses See Sect 6 24 The maximum Floor Area
Ratio for Hotel Development shall be pursuant to Section 6 23 sMinLot4MinLot5MinUnit6Avg
Unit 7 Max Bldg Area Width Size Size Height sq ft feet sq
ft sq ft feet N
A N A N A N A N A C Setback Requirements The Development
regulations setbacks Floor Area Ratio Signs parking etc shall be the average of
the requirements contained in the surrounding zoning districts as determined by the Planning
and Zoning Director Setback regulations for Parking Lots and Garages when they are the main
permitted Use are listed in Section 6 25 B 14 D When a public hearing isrequiredbeforetheCityCommissionthepublicnoticeshallbeadvertisedina
newspaper of general paid circulation in the community Thirty 30 days prior to the
public hearing
dateadescriptionoftherequestthetimeandplaceofsuchhearingshallbepostedonthepropertynoticeshallalsobegivenbymailtotheownersoflandlyingwithin375feetofthepropertyandtheadvertisementshallbeplacedinthenewspaperAfiveseventhsvoteoftheCityCommissionisrequiredtoapproveaUsethatisconsideredunderthissubsection611
6
11
Purpose
a
nd
Uses
A
Accessory
Uses
Condition a
Uses
None
3
Permitted
Golf
Course
and
those
Uses
normally
associated
with
a golf
course Main
Uses
2
District
Purpose
This
di
trict
i
designed
to
accommodate
golf
course
on
private pro perty
1
7 Max Bldg
Height
feet
6 Avg Unit
Size
sq
ft Min Unit
Size q
ft 5 Min
Lot
Width
feet
Regulations
Min
Lot
Area
sq
ft
3
Developmen
t
2
Max
FAR
with
bonus
B Base
FAR
1
70
feet
to
Structures
only
and
do
Setback
Requirements
Any
Yard
adjacent
to
a
public
right
of
way
All
other
Yards
50
feet
The
above
setback
regulationsareapplicablenotapplytothegroundsofthegolfcourse612123c
6 12 GU GOVERNMENT
USE DISTRICT 1 A
Purpose
and
Uses District
Purpose
2
Main
Permitted Uses
3 Conditional Uses 4 Accessory
Uses Any land owned
by the City
or other govern
mental agency shall automatically
convert
to a
GU Government Use
District Government Buildings
and Uses
including Parking Lota
and garages
schools performing
arts and cultural
facilities monuments
and memorials
See City Commission
Resolution No 86 18491 pertaining to
properties considered for the sale
and or leue which
are owned
by the
City and Ordinance No
89 2661 pertaining to
Development Agree ments Any
Use not listed
above shall only be
approved after the City Commission
holds a
public hearing See Sec
6 12 B
S for public
notice requirements Private
or joint City
and private Uses including air rights See Section6 21CBDevelopmentRegulations1TheDevelopmentregulationssetbacksFloorArea
Ratio Signs parking etc shall be the average of therequirements
contained in the surrounding zoning districts as determined by the Planning and
Zoning Director 2 Upon the sale of public property the zoning
district classifica tion shall be determined by the Planning and
Zoning Director whose decision shall be based upon the adjacent districts
The new zoning
district classification shall be effective upon the recordation of the property on
the public records 3 Setback regulations for
Parking Lots and garages when they are the main permittedUsearelistedinSection625B144
Following a public hearing the Development regulations and any Design ReviewprocessotherwiserequiredbythisOrdinancemaybewaivedbya
five sevenths 5 7 vote of the City Commission for Developments pertaining toMunicipalBuildingsUsesandSiteswhicharewhollyusedbyopenandaccessible
to the general public In all other cases involving the
lease and or air rights Use of municipal property by
the private sector architectural plans shall conform to the above regulations in
addition
to the applicable sections contained in the Zoning Ordinance and shall bereviewedundertheConditionalUseprocesssetforthinSection173
5 When a public hearing is required before the City Commission
thepublicnoticeshallbeadvertisedinanewspaperofgeneralpaidcirculationinthecommunityThirty30dayspriortothepublichearingdatea613
description
of
the
request
the
time
and
place
of
such
hearing
shall
be
posted
on
the
property
notice
shall
also
be
given
by
mail
to
the
owners
of
land
lying
within
375
feet
of
the
property
and
the
advertisement
shall
be
placed
in
the
newspaper
A
five
sevenths
vote
of
the
City
Commission
is
required
to
approve
a
Use
that
is
considered
under
this
regulation
PIT
AL
DISTRICT
HDH
6
13
Hospital
facilities
Uses
Permitted
No
land
water
or
Structure
may
be
used
in
whole
or
in
part
except
for
one
or
more
of
the
following
permitted
Uses
Permitted
Uses
that
sell
serve
or
otherwise
distribute
Alcoholic
Beverages
in
this
district
shall
comply
with
the
standards
and
regulationsfound
in
Section
12
to
accommodate
designed
district
is This
Purpose
District
A
B
Hospital
1
consisting
of
facilities
Accessory
Hospital
2
Laundry
a
Centralized
Services
b
Research
and
Diagnostic
Facilities
Educational
c
Facilities
Recreational
d
Daycare
Facilities
e
and
Clinics
Hospital
based
incl
uding
Worship
Out
patient
care
facilities ambulatory
surgical
centers Place
of
f
g
Offices
for
medical
students
fellows
and
residents
administrative
employees
nurses
laboratory
personnel
Hospital
Based
Physicians
and
1
h
physicians
and
Hospital
employees
who
perform
Hospital
functions
and
do
not
provide
private
patient
care
These
include
department
heads
and
medical
staff
responsible
for
Hospital
employee
health
care
The
offices
described
in
Section
6
13
B
2h
shall
not
be
included
in
the
computation
which
determines
the
maximum
amount
of
Hospital
Staff
office
space
allowed
under
this
Ordinance
2
Staff
and
their
employees
which
may
include
excluding
those
identified
in
Section
6
13
B
2h
Offices
for
Hospital
examina
tion
rooms
provided
tha
t
The
maximum
permitted
amount
of
Hospital
Staff
office
space
without
bonus
shall
not
exceed
fifteen
percent
15
of
the
Hospital
sgrossFloorAreaexcludingparkingStructuresandotherHospitalStaffofficespace6141
2 The maximum permitted amount of Hospital Staff officespace
with bonuses as set forth below shall not exceed twenty five
percent 25 of the Hospital s gross Floor AreaexcludingparkingStructuresandotherHospitalStaff
office space a There shall be a bonus for the provision of charity
and indigent care by the Hospital For each two percent 2
of charity and Medicaid care in patient days as a percentage
of total acute care days less Medicare days provided by
the Hospital and reported to the State of Florida Department
of Revenue by the Health Care Cost Containment Board fortheyearprecedingthedateofapplicationforaBuildingPermit
for Hospital Staff offices there shall be a bonus of one percent
I in Hospital Staff office space The maximum bonus
under this provision shall not exceed three percent 3 of the
Hospital s gross Floor Area excluding parking Structures
and other
Hospital Staff office space b There shall be a bonus of one square
foot of Hospital Staff office space for each twenty
five hundredths 0 25 gross square feet of affordable housing in
the City of Miami Beach which is constructed rehabilitated
or operated by 1 the office space developer
2 the Hospital and or 3 a Hospital affiliatedentityAffordablehousingshallbedefinedassaleshousingwitharetail
sales price not in excess of ninety 90 percent of
monthly median Dade County new housing sales price or
rental housing rates project average not in excess of thirty
30 percent of the gross median Dade County monthly
income The maximum bonus under this provision shall not
exceed two percent 2 of the Hospital s
gross Floor Area excluding parking Structures and other Hospital Staff office space c
There shall be a bonus of Hospital Staff
office space for the operation of
an on campus Hospital teaching program accredited by nationally recognized
professional accreditation boards The ratio shall be one hundred 100
square feet of office space for each student fellow and
resident enrolled in said program on an average monthly
basis during the three years preceding the application
for a Building Permit for Hospital Staff offices The maximum
bonus under this provision shall not exceed two
percent 2 of the
Hospital s gross Floor Area excluding parking Structures and other Hospital Staff office
space d There shall be a bonus of one
square foot of Hospital Staff office space for
every four dollars 4 00 contributed to the CityofMiamiBeachCommercialRevitalizationFundthetermsand
requirements of which shall be established by resolution of the
Miami Beach City Commission The maximum bonus under this provision
shall not exceed one percent I
of the Hospital s gross Floor Area excluding parking Structures and other Hospital
Staff office space e There shall be a bonus
of Hospital Staff office space for the developer and or Hospital sponsored
operationofDayCareFacilitiesintheCityofMiamiBeachTheratioshallbeone615
hundred
100
square
feet
of
office
space
per
each
child
which
the
Day
Care
Facility
is
licensed
to
admit
The
maximum
bonus
under
this
provision
shall
not
exceed
one
percent
1
of
the
Hospital
s
gross
Floor
Area
excluding
parking
Structures
and
other
Hospital
Staff
office
space
There
shall
be
a
bonus
of
Hospital
Staff
office
space
for
the
operation
of
an
emergency
room
on
the
Hospital
campus
which
is
open
to
the
public
twenty
four
24
hours
a
day
seven
7
days
a
week
as
regulated
by
the
State
of
Florida
The
bonus
under
this
provision
shall
be
three
percent
3
of
the
Hospital
s
gross
Floor
Area
excluding
parking
Structures
and
other
Hospital
Staff
office
space
f
There
shall
be
a
bonus
for
encouraging
new
physicians
and
other
medical
professionals
to
relocate
their
offices
to
Miami
Beach
New
physicians
and
medical
professionals
are
those
individuals
who
do
not
have
existing
offices
and
occupational
licenses
in
the
City
of
Miami
Beach
one
year
prior
to
the
issuance
of
a
Building
Permit
for
Hospital
Staff
office
space
In
order
to
receive
this
bonus
the
Hospital
shall
execute
a
written
agreement
with
the
Planning
and
Zoning
Department
prior
to
the
issuance
of
a
Building
Permit
for
the
construction
of
Hospital
Staff
offices
which
sets
forth
the
amount
of
space
that
will
be
available
for
new
physicians
and
medical
staff
For
each
twenty
five
percent
25
of
the
proposed
office
space
which
the
Hospital
agrees
to
lease
to
new
physicians
and
medical
professionals
on
the
medical
staff
of
the
Hospital
there
shall
be
a
bonus
of
one
percent
1
of
the
Hospital
s
gross
Floor
Area
excluding
parking
Structures
and
other
Hospital
Staff
office
space
The
maximum
bonus
under
this
provision
shall
not
exceed
three
percent
3
of
the
Hospital
s
gross
Floor
Area
excluding
parking
Structures
and
other
Hospital
Staff
office
space
g
The
Design
Review
Board
may
grant
a
bonus
of
additional
Hospital
Staff
office
space
for
exceptional
achievement
in
urban
design
of
space
which
is
visible
from
a
public
Street
or
causeway
and
which
may
be
located
either
on
or
off
the
Hospital
campus
or
on
public
property
The
amenities
listed
below
are
more
fully
defined
in
Section
6
24
of
the
Zoning
Ordinance
For
each
Design
Review
Board
approved
amenity
there
shall
be
a
bonus
range
permitting
increased
Hospital
Staff
office
space
as
a
percentage
of
the
Hospital
gross
Floor
Area
excluding
parking
Structures
and other Hospital Staff office space as shown below
h
35
15
15
25
10
10
15
25
50
to
to to to
to to
to to
to100505100505051020PlantinglandscapingPavinggradingWaterfeaturesSignsgraphicsStreetfurnitureLightingArcadesSitePlanBuilding616ningDesign
Total Bonus 75
to 2 00 The maximum bonus under this provision shall
not exceed two percent 2 of the Hospi tal s
gross Floor Area excluding parking Structures and other
Hospital Staff office space 3 All Hospital Staff office
space including other space renovated space or new construction shall be
identified in the Hospital s Master Development Plan
as required in Section 6 13 D 4 No Building Permit
shall be issued for Hospital Staff office space under
the bonus provisions of Section 6 13 2
unless the Applicant has submitted evidence of compliance with these provisions Evidence
of compliance shall consist of 1 a check to the
City of Miami Beach in the amount
required for contribution to the commercial revitalization fund 2
issuance of Certificate of Occupancy for the affordable housing or
licensed daycare facility or other appropriate evidence 3
reports of the Health Care Cost Containment Board showing Hospital s
contribution to indigent charity care or 4 evidence of a teaching
program and or emergency room or 5 evidence that medical staff
did not have Miami Beach Occupational Licenses or offices earlier
than one year prior to the issuance
of a Building Permit for Hospital Staff offices or 6
Design Review Board approval of design amenities 5 Hospitals with
a valid Building Permit pursuant to plans and applications for the
construction of staff office space at the effective date of
this Ordinance shall be permitted to retain and occupy such space
This Hospital Staff office space shall be considered as an Accessory Use and
parking shall be provided at the rate of one space per
four hundred square feet of Hospital Staff office space This
Hospital Staff office space shall be included in the
computation which determines the maximum amount of Hospi tal Staff office space allowed
under this Ordinance This permitted space shall be exempt from the
provisions of Section 18 2 B l j of
this Ordinance Prior to the issuance of an Occupa
tional License floor plans and other supporting documentation shall be submitted
to the Planning and Zoning Department indicating the dimensions and
location of each Hospital Staff office All Hospital Staff with
existing
offices in the HD Hospital District shall obtain City Occupational
Licenses within 90 days of the effective date of this Ordinance
6 Hospitals with existing Hospital office space which is occupied by
Hospital Staff at the effective date of this Ordinance but which
have not received valid Building Permits for staff offices for said
space shall be permitted to retain such space based upon
the application of provisions listed in Section 6 13 B
2 i I and 2 This office space shall be
included in the computation which determines the maximum amount of Hospital Staff office
space allowed under this Ordinance This Hospital Staff office space shall
be considered as an Accessory Use and the required parking as set forth in
Section 7 shall be provided This space shall be exempt from
the provisions of Section 18 2 B 1 j
ofthisOrdinanceWithinsixty60daysoftheeffectivedateofthisOrdinanceeachHospitalshallsubmittothePlanningandZoningDepartmentafloorplanandsupporting617
documentation
indicating
the
dimensions
and
location
of
each
Hospital
Staff
office
All
Hospital
Staff
with
offices
in
the
HD
Hospital
District
shall
obtain
City
Occupational
Licenses
within
90
days
of
the
effective
date
of
this
ordinance
Parking
Structures
and
Lots
incidental
to
and
customarily
associated
with
Related
facilities
which
are
a
Hospital j
k
service
facilities
Service
facilities
shall
be
restricted
to
cafeteria
or
Restaurant
florist
shop
gift
shop
automatic
teller
machine
credit
union
pharmacy
newspaper
and
magazine
stand
Commercial
1
1
Use
by
of
the
Services
shall
be
permitted
and
available
exclusively
for
medical
staff
Hospital
personnel
patients
and
visitors
Hospi
tal
2
be
shall
Signs
wall
incl
uding
Signs
Ou
tside
advertising or
prohi
bi
ted
3
Commercial
service
facilities
shall
not
exceed
three
percent
3
of
the
Hospital
Floor
Area
within
a
Hospital
excluding
parking
Structures
and
Hospital
Staff
office
space
nor
shall
they
exceed
seven
percent
7
of
the
office
Floor
Area
within
an
office
Building
4
the
main
Use
and
to
All
accessory
Structures
and
parking
facilities
shall
be
subordinate
incidental
to
and
customarily
associated
with
a
Hospital
Minimum
Yards
C
Side
15
15
15
15
Rear
40
40
20
20
Front
25
25
20
20
Hospi
tal
St
Francis
Mt
Sinai
Sou
th
Shore
Heart
Institute
1
2
3
4
of
new
to
Ci
tyTheenlargementofexistingHDHospitalDistrictsandtheestablishmentHDHospitalDistrictswiththeirrespectiveYardsetbacksshallbesubjectCommissionapproval6185
D Master Plan for Hospital Development
By January I 1990 each Hospital within the HD Hospital District shall prepare
and submit to the Planning and Zoning Department a Master Plan for HospitalDevelopmentfortheyears1993and2000TheHospitalsshallhavetherightto
amend their Master Plans on a quarterly basis by submitting amendments to the
Planning and
Zoning Departmen t The Master Plan shall contain at a
minimum the following 1 Inventory of
existing facilities and services 2 Projected expansion plans for new
construction and or Substantial Rehabilitation of existing facilities indicating the type size
and location of each facility 3 Proposed Site Plans showing the physical location
of
the items in Section
D 2 above 4 Goals objectives and
policies 5 Consistency with the City s Comprehensive Plan 6
Data and information pertaining to new construction or Substantial Rehabilitation to be submitted
to the Planning and Zoning Department for the purpose of determining whether said work is
within the level
of services as set forth in the Comprehensi ve Plan 7 A
traffic impact study that would substantiate that the resulting impact from any proposed
new Development of the Hospital would not cause the level of service on
the neighboring Streets to
fall below the standards contained in the City s Comprehensive Plan 8 An
air quality study that would substantiate that the resulting impact of any proposednewDevelopmentintheHospitalwouldnotcausetheambientair
quality of the neighborhood surrounding the Hospitals to exceed
the standards established by the Dade County Department of Environmental Resources Management 9TheMasterPlanshallbeupdatedeveryfiveyearsandconsideredas
supporting documentation in the City s Comprehensive Plan
as amended however it shall not be a component of the
Comprehensive Plan 10 No Building Permit for any new construction or Substantial Rehabilitation shall
be
issuedafterJanuaryI1990unlessitisconsistentwiththeHospitalsMasterPlan619
LIGHT
INDUSTRIAL
DISTRICT
I
I
6
14
Purpose
and
Uses
A
Accessory
Uses
Those
Uses
customarily
associated
with
the
District
Purpose
See
Section
6
21
4
ona
Any
Use
which
includes
the retail
sale
of gasoline
Cond Uses
3
Permitted
are
the
Main
Uses
Those
Uses that
consistent
with
district
purpose
2
District
Purpose
This
is
a
utilitarian
district
characterized
by
sales
storage
process
ing
wholesaling
motor
vehicles
repairs
and
towing
services
This
district
shall not include
any
residential Uses 1
7
Max
Bldg Height feet
6
Avg
Unit Size sq
ft
Min
Unit
Size sq ft
5
Min Lot
Width
feet
4
Regula
tions
Min
Lot
Area
sq
ft
Development
3
Max
FAR
with bonus
2
B
Base
FAR
1
None
N
A
N
A None None
N
A
1
0
Setback Requirements
c Rear
abutting
a
dis
tric
t
4
10
feet
when
residential
otherwise
none
Side
Facing
a
Street
10
feet3620SideInterior10feetwhenabuttingaresidentialdistrictotherwisenone2Front20feetwhenabuttingaresidentialdistrictotherwisenone1
6 15 MR MARINE
RECREATION DISTRICT A Purpose
and
Uses
1 District
Purpose
2 Main
Permitted
Uses 3
Condi tional Uses 4
Accessory Uses This
is a
waterfront district designed
to accommodate
recrea tional boating
activities and services Marina
Boat Docks Piers
etc for non
commercial or
Com mercial
Vessels
and related
upland Structures Aquarium Restaurants
Commercial Uses None See
Section 6 21 Any
Use that
is customarily associated with a
main permitted Use B Developmen t Regula tions 1 Baae FAR 2 Max FAR3MinLot4MinLot5MinUnit6AvgUnit7MaxBldgwithbonus
Area Width Size Size Height See Section 6
sq ft feet
sq ft sq ft feet 24 0 25 0 75 N A N
A N A N A 40 c Setback Requirements Any Yard facing
a
waterwayGovernmentCutoceanorbayshallbesetback50feetallotherYards20feethoweverwalkwaysarepermittedinthesetbackarea621
MXE
MIXED
USE
ENTERTAINMENT
DISTRICT
6
16
Purpose
and
Uses
A
Accessory
Uses
See
Section 6 21
4
onal
Cond
Uses
None
3
Permitted
Apartments
Apart
ment
Hotels
Hotels
Commercial
Develop
ment
as
specified
in
Section
6
16
C
Uses
that
serveAlcoholicBeverages
as listed
in
Section
12
Alcoholic
Beverages
Main
Uses
2
District
Purpose
These
regulations
are
designed
to
encourage
the
substantial
restora
tion
of existing Struc
tures
and allow for
new
construction
1 7 MaxBldg
Height
feet 6 Avg
Unit Size
sq ft Min
Unit
Size sq
ft
5
Min
Lot
Width
feet
4
Regulations
Min Lot Area sq
ft
Development 3
2
Max
FAR
with
bonus
B
1
Base
FAR
without
bonus
Architectural
District Oceanfront
150
N
on
oceanfront
50
However lots west of James
Avenue
and
Park Avenue shall not have a
maximum
height
limit
All
other
areas none Existing Structures
Apartmen
Units
550
Hotel
Units
N A New construction Apartmen Units 800
Hotel
Units
N
A
Exis
ng Structures
Apartment
Units
400
Hotel
Units
in
a
Local
Historic District
200
otherwise 15 300
335
85
335
Newconstruction
Apartmen
Units
550
Hotel
Units
15
300
335
85
335
N
A
N
A
uses
3
0
Except
Hotel
Development
in
a
locally
desig
nated
Historic
District
3
5
all
other
Hotel
Development
shall
be
pursuant
to
Section
6
23
Al
All
uses
1
5
Permitted
Uses
in
Buildings
with
two
2
stories
or
less
fronting
on
Ocean
Drive
or
Ocean
Terrace
and
any
Building
fronting
on
Collins
A
venue
from
6th
to
16th
Street
shall
comply
with
the
following
c
The
entire
Building
shall
be
substantially
renqvated
and
comply
with
the
South
Florida
Building
Code
Fire
Prevention
Safety
Code
and
the
Property
Maintenance
Standards
If
the
Building
is
a
Historic
Structure
the
plans
shall
substantially
comply
with
the
Secretary
of
the
Interior
Standards
and
Guidelines
for
Rehabilitating
Historic
Structures
U
S
Department
of
the
Interior
Revised
1983
and
as
amended
offices
are
Uses
oranySuchBuildingsmaycontainofficesmedicalanddentalprohibitedretaileatingordrinkingUsesandresidentialcombinationthereof2RequiredparkingmaybesatisfiedthroughparticipationintheParkingImpactFeeProgramassetforthinSection77whereapplicableundertheregulationscontainedtherein6223
1
Front D Setback
Requirements
2
Side
Interior 3 Side
Facing
a
Street 4 Rear Oceanfront
50 Ct j
however sculptures fountains or
architectural features when approved
by the Design Review Board
are permitted in
the re
quired Front Yard Non oceanfront
Zero setback if the Building is
40 ft in height or
less and includes a
20 ft deep covered
front porch running substantially the full
length of the Building front
to be used for
seating in associa
tion with indoor
Outdoor Cafes Bars Nightclubs
Restaurants or cabarets For
new construction along Ocean Terrace
portions of a Building located
above a porch which front
on Ocean Terrace are permitted
in the Front Yard setback
if the
design receives a Floor
Area Ratio bonus 20 ft
setback if the Building
does not include a front
porch as described
above or is greater
than 40 ft in height For
those Buildings greater than 40
ft in height a
one story front
porch as des
cribed
above may be constructed
within the
Front Yard setback Oceanfront15
of the Lot Width
Non oceanfront Buildings less than
40 ft
in height each interior
Side Yard shall be
10 of the Lot Width
Buildings greater than
40
ft in height each interior
Side
Yard shall
be 15 of the Lot
Width
Oceanfront
15 of the Lot
Width
plus 5
ft Non
oceanfront 10 of the Lot Width plus 5 ft Oceanfront 25 of
Lot Depth 75 mini mum Non oceanfront o feet 5 Existing Structures which
are being substantially renovated are permitted to retain the existing setback areas however the
setback area
shallnotbereducedWhenadditionalfloorsareconstructedtheyshallbepermittedtoretainthesamesetbacksastheexistingfloors623
RO
RESIDENTIAL
OFFICE
DISTRICT
6
17
Purpose
and
Uses
A
Accessory
Uses
Those
Uses
customarily
associated
with
the
District
Purpose
See
Section 6 21
4
onal
Cond
Uses
None
3
Permitted Single
Family Dwellingj
Apartmentsj
Offices
Main
Uses
2
District
Purpose
This
district
is
designed to
accommodate
an
office
corridor
or
Developmentcompatible
with
the
scale
of
surrounding
residential
neighborhoods
The
Development
shall
be
designed to maintain
a
residential character 1
7
Max
Bldg Height feet6
Avg
Unit Size sq
ft Min
Unit Size sq
ft
5
Min
Lot
Width
feet
4
Regulations
Min
Lot
Area
sq
ft
Developmen
t
3
2
Max
FAR
with
bonus
Section
6
24
B
Base
FAR
1
33
feet
Single
Family
Single
Family
1
800
N
A
50
Res
Res
6
000
1
25
75
none
Off
Off
none
Family
Family
Mult
800
Mult
550
Review
Design
Off
N
A
be
approved
under
Off N
A
shall All
construction
or
rehabilitation
procedures
as
set
forth
18
c
iremen
ts
Setback
Requ
D
Rear
15
of
the
Lot
depth
20
feet
minimum
4
Side
Facing
a
street
minimum
15
feet
3
6
24
Side
Interior
The
sum
of
each
Side
Yard
shall
be
at
least
25
of
the
Lot
Width
not
to
exceed
50
feet
anyone
Side
Yard
shall
have
a
minimum
of
7
5
feet
When
an
existing
Building
has
a
minimum
5
ft
Side
Yard
the
Set
back
may
be allowed
tofollowtheexistingBuildinglineThemaintenanceoftheminimumrequiredSideYardSetbackshallapplytothelinearextensionofasinglestoryBuildingortheconstructionofasecondflooradditiontoexistingsingleFamilyBuildings2Front20feet1
6 18 TH TOWNHOME
RESIDENTIAL DISTRICT A Purpose
and
Uses
1 District
Purpose
2
Main
Permitted Uses
3 Conditional Uses 4
Accessory Uses This
district is
designed to accommodate
Town home
Developments Single Family detached
Dwelling Townhomes
None Those non
Commercial Uses
customarily associated with
Town home Developments
including Floor Area associated with
public Uses that
are open to
the general public
However projects that exceed
200 units may have 10
of the Floor Area
of the project
as retail Uses See Section 6 21 B Development Regulations 1 Base FAR 2MaxFAR3MinLot4MinLot5MinUnit6AvgUnit7MaxBldgwithoutwith
bonus Area Width
Size Size Height
bonus See Sec 6 24 sq
ft feet sq ft sq ft
feet 0
7 1
2 5 000 50 900 1 100 35 c Setback Requirements 1
Front 2 Sides 3 Rear 20
feet15feetbetweenBuildings15feetonsidesfacingaStreet75feetforinteriorsides20feetminimumDAllTownhomeprojectsshallbereviewedpursuanttotheDesignReviewproceduresassetforthinSection18625
6
19
Purpose
and
Uses
A
Accessory
Uses
See
Section 6 21
4
tiona
Cond
Uses
None
3
Permitted
Water
Transportation
Stops
Rental
of
watercraft
excluding
jet
skis
and
similar
Uses
Wet
dockage
ofPleasureCraft
Kiosks walkways
and
decks
Main
Uses
2
District
Purpose
This
district
is
designed
to
create
a
landscaped
environment
with
Uses
that
are
of
desirable
character
and
in
har
mony
with
the
Water way and
the
upland
Development
1
Max
Bldg
Height
feet
7
6
Max
No
of
Bldgs
per Site 5
Max
Floor
Area
of Bldg sq
ft
Min
Lot
Width
feet
4
Regula
tions
3
Min
Lot
Area
sq
ft
Developmen
t
2
Max
FAR
with
bonus
B
Base
FAR
1
12
must
use
pitched
roof
N A
N
A
N
A
N
A
Setback
Requirements
c
Rear
4
Side
Facing
a
Street
3
Side
Interior
2
Front
1
10
feet
Width
20
of
Lot
o
feet
between
properties
Structures
shall
be
constructed
of
concrete
block
and
stucco
and
have
a
pitch
roof
of
tile
or
concrete
and
shall
be
open
on
all
sides
All areas
not
covered
by
decks
or
Structures
shall
be
maintained
as
landscaped
area
interconnected
walkways
to
apply
The
setbacks
do
not
D
E
o
least
at
is
Structures
and
rentals
of
watercraft are
only
permitted
if
there
feet
of
Lot
Depth and
a
minimum
of
5
feet
of
publicsidewalk
F
a
with Hotel
minimum
an
upland
with
50
be
associ
a
ted
walkways
including
shall
The
rental
of
watercraft
minimum
of
350
units
not
Landscaped
area
G
H
Properties
located
adjacent
to
Lake
Pancoast
are
not
required
to
meet
the
350
Hotel
room
requirement
and
existing
structures
are
permitted
to
be
re
opened
if
they
meet
all
applicable
Building
Fire
and
Property
Maintenance
Standards
Ordinances
and
regulations
and
are
approved
by
the
Design
ReviewBoardThepermittedUsesarelimitedtoconcessionssalesorrentalofwatercraftwiththeexceptionofjetskiesandothersimilarmotorizedUses626I
6 20 WD
2 WATERWAY DISTRICT A
Purpose
and
Uses 1
District
Purpose
2
Main Permitted
Uses 3 Conditional Uses
4 Accessory Uses
This district is
designed to accommodate beach related
Accessory Uses on
the east side
of Miami Beach
Drive Outdoor Cafes
Pool decks Cabanas and
similar recreational
Uses which are
water or beach
related None See Section
6 21
B Development
Regulations 1
Base
FAR 2
Max FAR
with
bonus
See Section
6
24 3
Min Lot
Area
sq ft
4 Min
Lot
Width
feet 5 Min Unit Size sq ft 6
Avg Unit Size
sq
ft 7 Max
Bldg
Height feet 01
50
N
A N
A N A N A
15 c Setback Requirements 1 Front Miami
Beach
Drive 2
Rear Erosion Control Line
3 Side Yards 5 feet 50 feet 10 feet if
development is
connected to a project in the Dune Overlay District o feet 6 21 REGULATIONOFACCESSORYUSESAGENERALPROVISIONSAccessoryUsesshallcomplywith
the following general provisions 1 They shall be located on
the same Lot as the main Permitted Use except for Required Parking which may
be located within 1 200 feet of the property The
distance separation shall be measured by following a straight line from the Lot
on which the main permitted Use is located to theLotwheretheParkingLotorgarageislocated2They
shall be incidental to and customarily associ a ted with the main
permitted Use In making the determination the Planning and Zoning Director may
require the Applicant to provide evidence that said
Use meets this criteria The Planning and Zoning Director may alsomakeuseofand
require the Applicant to provide planning reports and studies and other investigations to support
the Applicant s request 3 Off Street Parking and Loading Spaces shall
be considered as Accessory Uses in all districts 4 A Use other
than those listed in this Section may
be considered as an Accessory Use if it
iscustomarilyassociatedwithoneofthemainPermittedUsesandifthePlanningandZoningDirectorfindsthattheUsecomplieswiththebelowmandatorycriteriaaTheUsecomplieswithitems1and2above627
in
the
Zoning
District
the
purpose
of
with
is
consistent
is
located
The
Use
which
it
b
That
the
necessary
safeguards
will
be
provided
for
the
protection
of
surrounding
property
Persons
and
neighborhood
values
c
the
welfare
of
That
the
public
health
safety
morals
and
general
community
will
not
be
adversely
affected
d
the
Comprehensive
Plan
and
Neighborhood
It
is
consistent
with
Plan
if
one
exists
e An
Occupational
License
or
Building
Permit
whichever
is
being
requested
shall
only
be
approved
for
an
Accessory
Use
if
the
Building
complies
with
all
of
the
following
Mandatory
Requirements
5
All
Structures
shall
conform
to
the
South
Florida
Building
Code
the
Property
Maintenance
Standards
and
the
Fire
Prevention
and
Life
Safety
Code
a
The
existing
Building
and
the
proposed
Improvements
shall
be
built
in
a
manner
that
is
substantially
consistent
with
the
design
recommendations
in
a
Neighborhood
Plan
for
the
area
if
one
exists
and
if
the
Building
is
a
Historic
Structure
then
the
U
S
Secretary
of
the
Interior
Standards
for
Rehabilitation
of
Historic
Buildings
as
amended
shall
be
used
b
The
minimum
and
average
Floor
Area
requirements
for
the
units
as
set
forth
in
Section
6
16
Development
Regulations
shall be
met
c
Appeal
of
the
Planning
and
Zoning
Director
s
decision
pertaining
to
any
finding
shall
be
to
the
Board
of
Adjustment
as
provided
in
Section
16
of
this
Ordinance
and
shall
be
considered
as
an
appeal
of
an
Administrative
decision
6
Uses
Hotels
are
permitted
to
have
any
Accessory
Use
that
is
customarily
associated
with
the
operation
of
a
Hotel
or
Apartment
Building
d Accessor
p
1
B
the
below
and
based
upon
Mechanical
support
equipment
and
administrative
offices
Uses
that
maintain
the
operation
of
the
Building may have
Accessory
Uses
Buildings
Apartment
criteria
a
2
not
inside
a
Structure
or
loca
ted
Washers
and
dryers
shall
be
visible
from
a
right
of
way
b
A
dining
room
which
is
operated
solely
for
the
residents
in
the
Building
shall
be
located
inside
the
Building
and
shall
not
be
visible
from
the
Street
with
no
Exterior
Signs
entrances
or
exits
except
for
those
required
by
the
South
Florida
Building
Code
However
a
dining
room
shall
not
be
allowed
in
the
RM
I
District
except
for
those
dining
rooms
associatedwithAdultCongregateLivingFacilities628c
d Public telephones and vending machines shall only be permitted
to be located inside Buildings however automatic teller machines
shall be permitted on the Exterior walls of the Buildings
e Buildings in the RM 3 District may have Commercial
office eating or drinking Uses with access to the Street if they are
either located in the ground floor space Subterranean level or in
the highest floor of a Building however office space when
located on the ground floor shall be at least 50 feet from
the front
property line f Solarium sauna exercise studio health club or
massage service for use by residents or open to the public by
an Individual licensed by the State of Florida or other
appropriate agencies g Any Accessory Commercial office or retail Uses shall
not be located on any floor except the lobby or first floor
where there are
Apartment Units 3 An Apartment Hotel located on an Oceanfront or Bayfront
Lot shall be permitted to have any Accessory Use that is
commonly associated with a Hotel if the Use meets the below criteria and those
listed in
Section 6 21 A above a 75 of the total units shall be
Hotel rooms or the Building
shall contain at least 100 Hotel rooms b Registration
Desk staffed twenty four hours per day c Open key
and mail compartments for the Hotel Units d Central
telephone
switchboard directly connected to the Hotel Units e The Hotel
Units shall have independent electrical
and water meters from the Apartment Units f The Applicant shall provide the
City with a listing of the Hotel Units prior
to the issuance of an Occupational License 4 Office retail and
Commercial
Accessory Uses shall be limited to the following a Storage of
supplies or merchandise normally carried
in stock in connection with a permitted Use b Accessory
Off Street Parking
and Loading Spaces subject to applicable district regulations 5
Industrial Accessory Uses shall be limited to the following a Storage
of goods used in
or produced by permitted industrial Uses or related
activitiesbAccessoryOffStreetParkingandLoadingSpaces629
Accessory
All
C
See
Section
6
13
Any
Use
that
is
customarily
associated
with
a
main
permitted
Use
and
consistent
with
the
criteria
listed
in
Section
6
21
A
HD
2
Marine
Recreational
MR
Civic
and
Convention
Center
CCC
Government
Use
GU
Waterway
Dis
tricts
I
and
II
WD
I
II D
District
Hospi
tal
following
in
Section
eneral
Provisions
Accessory
Uses
shall
comply
with
the
mandatory
criteria
in
addition
to
the
regulations
contained
6
21
A
and
B
All
Structures
shall
conform
to
the
South
Florida
Building
Code
the
Miami
Beach
Property
Maintenance
Standards
and
the
Fire
Prevention
and
Safety
Code
a
The
existing
Building
and
the
proposed
Improvements
shall
be
built
in
a
manner
that
is
substantially
consistent
with
the
design
recommendations
in
Neighborhood
Plans
for
the
area
if
one
exists
and
a
Design
Review
Area
and
the
Secretary
of
the
Interior
Standards
for
Rehabilitation
and
Guidelines
for
Historic
Structures
U
S
Department
of
the
Interior
Revised
1983
and
as
amended
b
The
minimum
and
average
Floor
Area
requirements
for
the
units
as
set
forth
in
Section
6
16
Development
Regulations
shall
be
met
indicate compliance
with
sub
then
Accessory
Uses
are
not
do
not
above
If
the Building
or
plans
paragraphs
a
band
c
permi
tted
c
d
in
Hotels
Those
Accessory
Uses
that
are
customarily
associated
with
the
operation
of
a
Hotel
The
amount
of
retail
space
shall
not
exceed
75
sq
ft
per
Hotel
Unit
Permitted
Accessory
Uses
1
a
2
Hotels
may
have
offices
not
associated
with
the
operation
of
a
Hotel
The
floor
space
associated
with
offices
shall
not
exceed
35
sq
ft
per
Hotel
Unit
medicalordentalrelatedofficesareprohibited2SidewalkCafesCafesOutdoorRestaurants6303
4 Solarium sauna exercise studio health club or
massage service which are located in either the
Subterranean ground Mezzanine or roof levels only and are operated
by an Individual licensed by the State of Florida or
other appropriate
agencies 5 Antiques bookstore art craft galleries
artist studios 6 Sale of Alcoholic Beverages as per
Section
12 of this Ordinance 7 Uses located on the porch terrace
or patio of a Building are limited to
seating for eating and drinking establishments which
have their Fixtures and cooking facilities located in the interior
of the Building and the sale of flowers when conducted
from a movable stand that is placed inside the Building
at the close of business b Permitted
Accessory Uses In Apartment Buildings 1 Apartment
Buildings may have Commercial office eating or drinking Uses with access
to the Street on the ground floor and Subterranean level or
in the highest floor of a Building however no more
than 25 of the floor area of the Subterranean
or ground floor shall be used for commercial uses
Office space when located on the ground floor shall be
located at
least 50 feet from the front property line
2 Restaurants Outdoor Cafes Sidewalk Cafes with Sale
of Alcoholic Beverages as per Section 12 of
this Ordinance 3 Solarium sauna exercise studio health club or
massage service by an
Individual licensed by the State of Florida
or other appropriate agencies c Permitted Accessory Uses in Apartment
Hotels Apartment Hotels may have the same Accessory Uses as Hotels if a
minimum of 75 of the total number of units are Hotel
Units 3 In addition to the regulations and Accessory Uses listed inSection621
D l and 2 above Structures located in the below areas
shall comply with the following a Permitted Accessorv Uses for Prooerties on Collins A
venue from 6th to 15th Streets and on the west
side of Collins A venue from 15th to 16th
Streets and Ocean Terrace include the above Accessory Uses
but must comply with the following requirements 1
Offices that are medical
ordentalrelatedareprohibited2OfficesareonlyallowedinexistingStructuresotherwisetheyareprohibited631
If
a
lobby
is
present
or
was
originally
constructed
it
shall
be
retained
or
reinstated
Said
lobby
may
be
used
for
a
reception
area
with
no
partitions
however
offices
are
not
permitted
in
the
lobby
3
as
Commercial
Uses
Apartments
or
Hotel
Units
either
a
main
permitted
Use
or
in
any
combination
4
Permitted
Accessory
Uses
for
properties
between
Washington
Avenue
Washington
Court
21st
Street
Liberty
Avenue
20th
Street
Collins
A
venue
and
17th
Street
and
for
properties
that
front
on
Ocean
Terrace
b
Uses
Offices
If
the
office
space
is
located
on
the
ground
floor
it
shall
be
50
feet
from
any
front
property
line
facing
a
Street
and
be
consistent
with
paragraph
3a l
and
2
above
Commercial
1
2
At
least
50
of
the
total
Floor
Area
shall
be
used
as
Hotel
or
Apartment
the
Floor
Area
for
Hotel
or
Apartment
Units
shall
meet
the
minimum
area
requirements
established
for
the
Zoning
District
3
Permitted
Accessor
Uses
in
Sinsde
Famil
Districts
those
Uses
which
are
customarily
associated
with
single
family
houses
such
as
but
not
limited
to
decks
swimming
pools
spas
ornamental
features
tennis
courts
The
Planning
and
Zoning
Director
may
allow
other
Accessory
Uses
if
the
Director
finds
after
consultation
with
the
Chairman
of
the
Planning
Board
that
they
will
not
adversely
affect
neighboring
properties
based
upon
the
criteria
listed
in
Section
17
3
B
of
this
Ordinance
Appeal
of
the
Director
s
decision
is
to
the
Board
of
Adjustment
pursuant
to
Section
16
of
this
Ordinance
E
the
if
Day
Care
Facilities
for
the
care
of
children
are
permitted
following
mandatory
criteria
are
met
1
anyone
house
Facility
areDay
Care
children
are
permitted at
the
Signs
on
the
property
advertising
prohibited
A
maximum
of
five
5
a
b
The
Day
Care
Facility
complies
with
all
applicable
requirements
and
regulations
of
the
Department
of
Health
and
Rehabilitative
Services
and
the
City
s
Police
Fire
and
Building
Departments
All
of
the
South
Florida
Building
Code
Miami
Beach
Property
Maintenance
Standards
and
Fire
Prevention
and
Safety
Code
viola
tions
shall
be
corrected
prior
to
the
issuance
of
a
City
Occupational
License
c
Play
area
shall
only
be
located
in
the
Rear
Yard
and
equipment
shall
be
limitedtothree3piecesofequipmentdprohibitedonSundays632isDayCaree
f The Building shall maintain the external appearance of a single
Family home
g Site Plan shall be approved by the Planning and Zoning Director
The plan shall include landscaping and a permitted wall or
fencing enclosing the Rear Yard
h Day Care Facilities shall not be located within 400 feet of
another such facility except that this restriction shall not apply to
Sate licensed Family Day Care Homes as defined in
Section 402 302 5
Florida Statutes 1987 as amended 2 The Planning and Zoning Director may
approve a second set of cooking facilities if the residence contains at least
3 600 sq ft of Floor Area and the arrangement of such
facilities or conditions at the property shall not result in the creation of
an Apartment Unit No more than one electric meter shall be placed on
the property and that portion of the residence having the second set
of cooking facilities shall not be rented Appeal of the Director s decision
shall be to
the Board of Adjustmen t
3 Guest Servants Quarters 6
22 SUPPLEMENT AR Y USE REGULATIONS A Commercial and wholesaling Use When a Commercial
Use is involved in wholesaling and the property is in a Commercial
district the Commercial Use shall include a display or show room open to the
public and
50 of the frontage shall be storefront windows that face a Street B Storage
of Motor Vehicles Permitted only in the I I Light Industrial District Storage
of automobiles and or trucks shall be enclosed by an opaque masonry wall or
structural wooden fence not less than six 6 feet in height Such wall
or fence shall totally screen the garage
and work area from public view C Video Game Machines All commercial
districts Video game machines are permitted as accessory to Commercial Uses They shall be limited to
an area not
to exceed 4 of the area of the main Commercial Use D Suites Hotel
When a Hotel Unit contains cooking facilities it
shall be considered as a Suite Hotel Unit and shall conform with
the following 1 The units shall only be permitted in
new construction or in Buildings which have been Substantially Rehabilitated or where the Suites Hotel
Units are part of
a request for a Building Permit that will result in the Building
being Substantially Rehabilitated 2 Cooking facilities in Units of less
than550squarefeetshallbelimitedtoonemicrowaveovenandonefive5cubicfeetrefrigerator633
Hotel
A
minimum
of
twenty
percent
20
of
the
total
gross
area
shall
be
maintained
as
common
area
This
provision
shall
not
be
waived
or
affected
through
the
Variance
procedure
be
maintained
and
operated
as
a
The
Building
shall
3
4
lobby
The
Building
shall
have
central
air
conditioning
or
flush
mounted
wall
units
however
no
air
conditioning
equipment
may
face
a
Street
bay
or
ocean
contain
a
registration
desk
and
a
The
Building
shall
5
6
provide
have
unenclosed
exterior
The
Building
shall
access
to
the
Units
7
that
Should
the
facility
convert
from
a
suites
Hotel
to
a
multi
Family
residential
Building
the
minimum
average
unitsize
and
all
other
zoning
requirements
forthe
underlying
district
shall
be
met
walkways
not
8
itions
A
Building
Permit
shall
be
issued
however
prior
to
the
issuance
of
a
Building
Permit
the
Temporary
Sales
Building
shall
be
approved
by
the
Design
Review
Board
the
following
cond
Buildings
are
permitted
with
sales
Temporary
1
E
Permitted
if
the
Building
is
considered
as
a
permanent
Structure
and
consistent
with
the
South
Florida
Building
Code
the
Miami
Beach
Property
Maintenance
Standards
and
Fire
Prevention
and
Safety
Code
2
The
Building
Official
shall
require
a
bond
to
be
posted
in
an
amount
that
if
necessary
shall
be
used by
the
City
to
ensure
the
Building
s
removal
3
It
shall
be
removed
prior
to
the
issuance
of
the
final
Certificate
of
Occupancy
or
Certificate
of
Completion
however
in
no
instance
shall
an
Occupational
License
be
granted
until
it
is
removed
from
the
property
4
be
continuously
occupied
at
least
5
days
a
week
and
5
hours
each
It
shall
be
removed
if
a
Building
Permit
for
the
complete
construction
of
the
main
Building
is
not
issued
within
one
I
year
from
the
date
the
Building
Permit
for
the
sales
Building
was
issued
The
sales
Building
shall
also
be
removed
by
the
date
on
which
the
Building
Permit
expires
If
the
Development
involves
more
than
one
Building
it
shall
be
considered
as
a
phased
Development
The
temporary
sales
Building
may
be
permitted
to
remain
on
the
property
in
between
the
construction
period
of
the
main
Buildings
of
the
various
phases
However
it
shall
be
removed
in
one
1
year
if
the
Building
Permit
for
the
next
phase
is
not
issued
The
one
year
period
shall
be
measured from
the
date
of
the
Certificate
of
Occupancy
of
the
previous
phase
It
shall
day
5
6
itted
on
be
perm
not
Parking
Lots
or
garageswhenamainpermittedUseshallLotsfrontingonOceanDriveorEspanolaWay634F
6 23 MAXIMUM FAR FOR
HOTEL DEVELOPMENT A Hotel Development shall conform to the Floor Area Ratio regulations
set forth in this Section regardless of the underlying zoning district however
when a Hotel Development is located in a locally designated Historic District
and or site or in the Architectural District west of Collins A venue the base
FAR shall be 1 75 and the maximum allowed FAR shall
not exceed 3 5 Increases beyond the base FAR shall be achieved through
the formula set forth in Section 6 24 B Lot Area equal Lot Are a Lot Are
a Lot Area Lot Are a Lot Area to or
less than between 22 500 between 37 500
between 45 000 between 60 000 greater than
22 499
sq
ft and
37 499
and 4 4 999 and 59
999 and 7 4 999 75 000 sq ft aq ft aq ft sq
ft sq ft 1 Base FAR 1 25 1 85
2 45 3 05 3 65 4 25 2 Maximum 3 00 3
60 4 20 4 80
5 40 6 00 FAR with all bonuses C Floor Area Ratio Bonus Methodology
1 Floor Area Ratio bonuses are achieved in two ways The first
is a bonus for design based upon criteria listed in Section 6 24
The maximum increase in the Floor Area Ratio above the base FAR achieved
by using the
design bon uses
is 0
50
2 The
second bonus is based on the gross Hotel Unit size For
purposes of this
Section the gross average Hotel Unit size shall be calculated by dividing
the gross
Building area
by
the total number of
Hotel Units The
below
table lists the
bonus
Floor Area Ratio based upon
the
gross average Hotel
Unit size A
vg Unit
Floor Area
600 650 700 gross Bonus FAR 0 00 0 16 0 31 750
800 850 900 950 1000 0 47 0 63 0 78
0 94 1 09 1 25 3 Any number falling between the specified
ranges shall be calculated by in terpola tion 4 The Maximum Floor
Area Ratio with all bonuses is determined by the following formula Base FAR
1 25 to 4 25 based on Lot Area Design Bon us 0 0 to
0 50 based on
designcriteriaAvgUnitSizeBonus00to125basedongrossaverageunitsizeMaximumFloorAreaRatioDAmixedHotelresidentialDevelopmentshallhaveanFARcalculatedinthefollowingmannertheLotAreashallbedividedproportionallytothepercentageofHotelUnitstoApartmentUnitsthatpercentageoftheLotAreacorrespondingtotheHotelDevelopmentshallfollowtheFARregulationsassetforthinSection623AaboveThepercentageofLotAreacorrespondingtotheresidentialDevelopmentshallfollowtheFloorAreaRatiotablesestablishedfortheparticularzoningdistrict635
The
Buildihg
shall
have
central
air
conditioning
or
flush
mounted
wall
units
however
no
air
conditioning
equipment
may
face
a
Street
bay
or
ocean
E
HEDllLE
OF
DESIGN
BONUSES
6
24
the
in
imum
bonus
as
set forth
provisions
The
total
bonuses
shall
not
exceed
the
max
district
in
which
the
property
is
located
General
1
A
All
Site
Plans
shall
be
consistent
with
the
Comprehensive
Plan
and
Neighborhood
Study
Plan
if
one
exists
for
the
neighborhood
involved
2
The
Private
Sector
Development
Controls
and
Guidelines
Ordinance
No
77
2099
as
amended
shall
be
used
as
the
guide
in
determining
the
amount
of
design
bonuses
that
are
granted
3
When
a
project
is
in
the
Architectural
District
the
plans
shall
be
consistent
with
the
Secretary
of
the
Interior
s
Standards
for
Rehabilitation
and
Guidelines
for
Rehabilitating
Historic
Structures
U
S
Department
of
the
Interior
Revised
1983
and
as
amended
4
For
a
project
to
receive
a
Floor
Area
Ratio
bonus
based
on
design
it
must
at
a
minimum
comply
with
one
bonus
factor
from
each
of
following
categories
excluding
the
Historic
Criteria
category
However
this
exclusion
does not
apply
to
existing
Structures
in
the
Architectural
District
5
The
maximum
Floor
Area
Ratio
bonus
which
is
achieved
through
the
design
bonuses
in
the
RM
3
District
any
residential
Use
in
the
CD
3
District
and
for
Hotel
Developments
is
0
50
In
all
other
Districts
the
cap
on
the
Floor
Area
Ratio
design
bonus
shall
be
the
Maximum
Floor
Area
Ratio
permitted
in
the
District
6
Area
Ratio
Bonuses
Floor
B
FAR
Bonus
Factors
Bonus
Ca
te20rv
05
Arcades
considering
pedestrian
access
accommodation
of
activities
linkage
in
circula
tion
pattern
relationship
to
architectural
and
urban
design
features
shading
and
cooling
effect
protectiveeffectrelationshiptopublicandprivatespacesaccessibilityandusability636DesignandPlanninga
b
c
d
e
2 Building
Features
a
b
c
d
e
f Open Space areas shall be open to the
sky The amount of Open Space shall exceed
the area that results from the
setback
requirements Lot assemblage this bonus applies
for Buildings in the MXE District which
are not part of a locally designated
Historic District or Site and in the districts loca
ted South of 6th Street and the CD I and
CD
2 districts Provision of parking spaces
beyond the amount required by this
Ordinance This provision does not apply when
utilizing the Impact
Fee Program View corridors creating a
view corridor through the Site or the
Building This provision does not apply for
view corridors that correspond to the
required
setback area
Outdoor Cafe First Floor Commercial Use
with a minimum of 1 000
square feet Direct access to Commercial
Uses and full
storefront windows are encouraged Hotel Units this
bonus applies when a Development contains
at least 25 of the
unit mix as Hotel rooms
Meeting rooms
assembly rooms and conference rooms Pe rforming
arts space including but not limited
to museums and art galleries Front porch
the porch shall be continuous and comprise at
least 75 of the Lot Width This
bonus applies for projects in a designated
Historic District
or listed
in the National Register
6 37
01 for every
10 tha t
exceeds
the area
resulting from the
required setbacks not
to exceed 05
05
per 7 500 sq
ft or
fraction thereof
of Lot Area
not
to exceed 25
0 I per space
not to exceed
0 25
05 005 per
4
seats total not to
exceed 05 0 I
per 1 250
sq
ft of retail
space not to
exceed 05 005
per
Hotelroomnottoexceed0250Iper500sqftofpublicmeetingspacenottoexceed02501per500sqftofpublicmeetingspacenottoexceed02505
01
per
500
SQ
ft
not
to
exceed
05
Terraces
or
balconies
with
an
average
area
of
500
square
f
eet
for
the
terraces
balconies
per
unit
05
05
05
05
01
for
every
10
of
rooftop
area
maintained
as
landscape
space
not
to
exceed
05
05
05
05
Planting
and
landscaping
a
minimum
of
25
of
the
Open
Space
contained
within
the
Site
shall
be
maintained
as
a
landscaped
area
Consideration
shall
be
gi
ven
to
maintenance
provisions
irrigation
and
relationship
to
Buildings
and
Street
scape
Landscape
maturity
this
bonus
applies
to landscaping
that
has
achieved
a
minimum
of
50
of
maximum
average
height
at
time
of
planting
Boardwalk
continuation
any
project
that
is
adjacent
to
the
Dune
and
continues or
extends
the City s
Beachfront
Park
and
Promenade
in
accordance
with
the
established
guidelines
g
3
Site
Features
a
b
c
Lighting
accent
lighting
of
architectural
and
design
features
lighting
of
planting
and
landscape
areas
and
illumination
of
Signs
d
Rooftop
Landscaping
considering
scale
type
of
plant
material
and
maturity
at
time
of
planting
e
Paving
100
of
the
outdoor
circulation
walkways
shall
be decorative
paving
and
shall
take
into
consideration transition
with
public
spaces
and
creation
of
arrival
plaza
Criteria
Physical
a
4
this
bon
us
are
located
lines
lines
Underground
utility
applies
when
utility
underground
b
Alley
Improvements
resurfacing
and
lighting
in
accordancewiththespecificationsasestablishedbythePublicWorksDepartmentandtheCityPoliceCrimePreventionUnit638c
5 Site
Improvements
a
b
c
d
e
f Signs and Graphics relating to
public orien ta
tion 05 Street Furniture a minimum of
25 of the setback area shall
include Street furniture considering pedestrian
orien ta tion function seating
capacity visual impact integration with
architectural and other design elements integration
with use of public spaces
and activity areas uniformity of style
location and scale 05 Public
Art considering accessibility and visibility from the
public right of way integration with use
of public spaces and activity areas
uniformity of style location and scale At a minimum
the art work shall cost 1 of
construction cost as indicated on the
Building Permit or 25 000 whichever
is greater Does not include water
features that are listed
in 4 b above
05 Major water features
considering movement sound reflection recreation cooling
effect architectural effect coordination with
plaza or other special place public
private transition visual impact and relation to
overall project design This factor is only
applicable for water features that exceed half of one
percent of the cost of
the Building as listed on
the Building Permit application 05 Street trees grates and
irrigation landscaping on the City s right of
way shall occur for the entire Street
frontage of the property and trees shall
be planted no further
away than twenty feet on
center 05 Crime Prevention Through Environmental Design
CPTED compliance this bonus
applieswhenaprojectisfoundincompliancewiththeseguidelines05639
05
two
of
Historical
markers
a
minimum
markers
shall
be
provided
Criteria Historic
a
6
25
u
s
Secretary
of
the
Interior
Approval
This
bonus
applies
to
projects
in
a
nationally
designated
Architectural
District
b
25
Retention
of
significant
interior
historical
architectural
items
this
includes
but
is
not
limited
to
floor
and
ceiling
treatments
fireplaces
front
desks
telephone
booths
etc
c
05
This
Historically
accurate
fabric
Awnings
bonus
applies
for
existing
Buildings
d
05
Elimination
of
through
the
wall
or
window
air
conditioning
units
on
any
wall
facing
a
street
and
replacement
of
central
air
conditioning
Air
conditioning
units
facing
an
interior
Lot
line
shall
be
flush
mounted
wall
units
This
bonus
applies
to
existing
Buildings
e
25
in
Historically
accurate
restored
furniture
the
lobby
or
in
all
Hotel
rooms
f
05
Restoration
of
original
historic
Signs
not
including
Signs
added
after
the
primary
period
of historic
significance
g 05
designated
locally
a
wi
thin
District
Loca
ted
Historic
h
UPPLEMENTARY
YARD
REGULATIONS
6
25
General
DetermInation
of
Side
Street
Where
these
regulations
refer
to
side
Streets
the
Planning
and
Zoning
Director
shall
be
guided
by
the
pattern
of
Development
in
the
vicinity
of
the
Lot
in
question
in
determining
which
of
two
2
Streets
is
the
side
Street
A
Established
Right
of
W
Where
an
official
line
has
been
established
for
the
future
widening
or
opening
of
a
Street
upon
which
a
Lot
abuts
the
depth
of
a
Front
or
Side
Yard
shall
be
measured
from
such
official
line
to
the
Building
line
2
the
Ordinance
Through
Lots
Except
as
otherwiseprovidedinthisrequiredFrontYardshallbeprovidedoneachStreet6403
4 Minimum Side Yards Public and Semi Public Buildings The
minimum depth of interior Side Yards for schools libraries religious
institutions and other public Buildings and private Structures which are publicly
used for meetings in residential districts shall be fifty 50 feet
except where a Side Yard is adjacent to a business district a public Street
bay Erosion Control Line or golf course in which case the depth of that
Yard shall be as required for the district in which the Building is located
In all other cases the Side Yard facing a Street shall be the same as
that which is required for the district in which the Lot
is located B
Allowable Encroachments 1 Accessorv Buildings All districts Accessory Buildings
which are not a part of the main Building may be constructed in a
Rear Yard provided such Accessory Building does not occupy more
than thirty 30 percent of the area of the required Rear Yard and provided
it is not located closer than seven and one half 7 1 2 feet
to a rear or interior side Lot Line and fifteen feet when facing
a Street Areas enclosed by screen shall be included in the computation of
area occupied in a required Rear Yard Lot but an open
uncovered swimming pool shall not be included 2 Awnings All
districts Awnings attached to and supported by a Building wall may be
placed over doors or windows in any Required Yard but such Awnings shallnotprojectcloserthanthree3feettoanyLotLine
except 1 an Awning associated with a Commercial Use shall be permitted to extendfromtheentrancedoortotheStreetlineofanyBuilding
except those in a Single Family or Townhome District 2 the setbacks
for Awnings in a locally designated Historic District or in theNationalRegisterofHistoricPlacesshallbedeterminedunderthe
Design Review Procedures pursuant to Section 18 of
this Ordinance and shall be based upon the architecture
of the Building 3 Boat Boat Trailer Camoer Trailer Recreational
or Commercial Vehicle Storage Permitted accessory storage of these vehicles shall
not be conducted in a Front Yard of any district
except the 1 1 Industrial District and the Marine Recreational District
The storage of commercial vehicles are not permitted in any district except
the 1 1 Industrial District and commercial districts Where permitted if the said vehicles are loca
ted in a Side or Rear Yard it shall be screened
from view from the Street and from the adjacent property Nothing in this paragraph
shall
be construed to prohibit a dry dock facility when such facility is
associa ted with a Marina 4 Canooies A Canopy shall be permitted to extend
from an entrance door to the Street line of any Building exceptthoselocatedinaSingleFamilyorTownhomeDistrictWhereasidewalkorcurbexiststheCanopymayextendtowithineighteen18
inches of the curb line Such Canopies shall not exceed fifteen
15 feet and twelve 12 feet in height or be screened or enclosed in
any manner and shall provide an unobstructed clear space between the GradeandthebottomoftheCanopyvalance
of at least seven 7 feet The location of vertical supports
for the Canopy shall be approved by the Public Works
Director 5 Caroorts Carports shall be constructed of canvas and pipe for
theexpresspurposeofshadingautomobilesandshallhaveaminimumrequiredinteriorSideYardsetbackoffour4feetitshallbepermitted641
to
extend
into
any
Front
Yard
of
a
single
Family
residence
provided
such
Carport
is
at
least
eighteen
18
inches
from
the
property
line
or
sidewalk
provided
it
is
attached
to
the
main
Building
When
a
Carport
is
detached
it
shall
not
be
located
in
the
required
Front
Yard
Carports
shall
not
be
permitted
to
exceed
twenty
20
feet
in
width
twenty
20
feet
in
length
and
ten
10
feet
in
height
and
shall
not
be
screened
or
enclosed
in
any
manner
An
unobstructed
view
between
the
Grade
and
the
lower
ceiling
edge
of
the
Carport
of
at
least
seven
7
feet
shall
be
maintained
Only
one
1
Carport
shall
be
erected
within
a
Required
Yard
Carports
constructed
prior
to
the
adoption
of
this
Section
shall
be
considered
as
legal
Non
conforming
Structures
Such
Non
Conforming
Canopies
may
be
repaired
or
replaced
however
the
degree
of
their
Non
Conformity
shall
not
be
increased
thereby
entral
Air
Conditioners
Accessory
central
air
conditioners
may
occupy
a
required
Side
or
Rear
Yard
in
Single
Family
Townhome
or
in
the
RM
l
Residential
Multifamily
Low
Intensity
Districts
provided
that
6
They
are
not
closer
than
five
5
feet
to
a
rear
or
interior
side
Lot
Line
or
ten
10
feet
to
a
Side
Yard
facing
a
Street
a
inches
above
six
6
2
feet
They
shall
not
exceed
a
height
of
two
the
sidewalk
elevation
b
is
located
outside
the
in
paragraph
a
above
Any
required
sound
buffering
equipment
minimum
five
5
foot
Yard
area
specified
c
shall
Drivewavs
Driveways
in
single
family
and
townhome
districts
have
a
minimum
four
4
foot
setback
from
the
side
property
line
7
to
materials
and heights
Walls
and
Ga
tes
Regulations
pertaining
walls
and
gates
are
as
follows
Fences
for
fences
8
districts
except
1
I
Required
Front
Yard
Five
5
feet
maximum
The
height
may
be
increased
up
to
a
maximum
total
height
of
seven
7
feet
if
the
fence
wall
or
gate
is
set
back
from
the
front
property
line
Height
may
be
increased
one
1
foot
for
every
two
2
feet
of
setback
All
1
a
Required
Rear
or
Side
Yard
Seven
7
feet
maximum
except
when
such
yard
abuts
a
public
right
of
way
Waterway
or
golf
course
the
maximum
height
shall
not
exceed
five
5
feet
2
All
surfaces
of
masonry
walls
and
wood
fences
shall
be
finished
in
the
same
manner
with
the
same
materials
on
both
sides
to
have
an
equal
or
better
quality
appearance
when
seen
from
adjoining
properties
The
structural
supports
for
wood
fences
walls
or
gates
shall
face
inward
toward
the
property
3
Chain
Link
Fencesare
prohibitedintherequiredFrontYardandanyRequiredYardfacingapublicrightofwayorWaterwayexceptasprovidedinSection625Bl86424
b I I Light Industrial District
1 Front rear or side Seven 7 maximum
excluding barbed wire or materials of similar character Barbed
wire or materials of similar character shall be
elevated seven 7 feet above Grade and be angled towards the
interior of the Lot The combined height of a wall or
fence plus barbed wire or materials of similar character shall
not
exceed nine 9
feet 9 Hedges All districts a Five 5 feet maximum height
when located in the front setback b Ten 10 feet maximum height
when
located in the side or rear setback 10 Hot
Tubs Showers Saunas Whirloools Toilet Facilities Swimming Pool Eauioment
Decks All districts Hot tubs showers whirlpools toilet facilities decks and
Cabanas are Structures which are not required to be connected to the main
Building but may be constructed in a required Rear Yard provided
such Structure does not occupy more than thirty 30 percent of the area of
the required Rear Yard and provided it is not located closer than seven and one
half 7 feet to a rear or in terior side Lot Line Swimming
pool equipment may be located in the rear and or Side Yard when it is at
least two 2 feet from a rear or interior side Lot
Line however when a Side Yard faces a Street swimming pool equipment
shall be located at least ten 10 feet from the property
line with landscaping or fencing constructed in a manner
that prevents it being viewed from the Street Free standing unenclosed
facilities including surrounding paved or
deck areas shall
adhere to the same setback requirements as enclosed facilities 11 Lightooles
All districts a Ten 10 feet maximum height Lightpoles shall be
loca ted seven and one half 7 from any property line except
that when such property
line abuts a public right of way or Waterway there shall be no required setback
b All light shall be contained
on Site or on any public right of way as
required by the City Code 12 Marine Structures All districts Seaward
Side Yard setbacks for boat slips decks wharves dolphin poles mooring piles da vits
or Structures of any kind shall not be less than seven
and one half 7 feet This requirement pertains to the enlargement ofexistingStructuresaswellastotheconstructionofnewStructuresItisfurtherprovided
that any boat ship or vessel of any kind shall not
be docked or moored so that its projection extends into the required
seaward Side Yard setback Land side decks may extend to thedeckassociatedwiththemarineStructureThemaximumprojectionofamarineStructureshallbedeterminedbytheDadeCounty
Department of Environmental Resource Management If marine Structure projects
morethan25ftintotheWaterwayitshallbeaConditionalUseandreviewedpursuanttoSection17643
10
feet
0
feet
for
the
entire
Structure
if
retail
on
the
ground
floor
with storefront
windows
if
in
a
Government
Use
GU
Civic
and
Convention
Center
CCC
Residential
or
Mixed
Use
Entertain
ment
District
5
of
Lot
Width
not
to
exceed
20
feet
otherwise
the
regula
tions
as
set
forth
in
the
district
in
which
the
Use
is
located
if
abutting
a
Single
Family
district
10
feet
In
all
other
instances
in
which
there
is
not
access
to
the
parking
Structure
from
the
Alley
0
feet
5
feet
if
there
is
access
to
the
parking Structure
from
the
Alley
a
Parking
Garage
1
front
and
side
facing
a
Street2interiorsideandrear3Alleysupercedesabove644
b At Grade parking Lots shall have the following setbacks
Lot Wid th Required Yard on all sides
1
100 feet
or
less
5
feet 2
between
101
and
ISO
feet 10
feet 3 greater than 151 feet
IS feet c See Section 8 for landscape requirements d All Parking Lots
and garages when a Main Permitted Use in a zoning
district shall be reviewed under the Design Review process as set forthinSection18WhentheyareaConditionalUsetheyshallbe
reviewed by the Planning Board as set forth in Section 17 e
For purposes of determining the maximum size of the garage the Floor
Area Ratio shall equal the maximum FAR as set
forth in the underlying zoning district providing that the garage project meets at
a minimum a total of 0 50 in designbonusesaslistedinSection624WhenCommercialUsesarelocated
on the ground floor this Floor Area shall not be included in the
Floor Area Ratio calculation If the highest level of a garage is open to
the sky
then that level shall not be included in the Floor Area Ra
tio calcula tion f Commercial Uses are only
permitted when a project is located in a
Mixed Use Entertainment MXE Government Use GU Convention Center CCC orCommercialDistrictWhenlocatedinthesedistrictsthegarageshallcontain
retail Uses located along the entire length of a public StreetexcludingentranceandexitdrivesandFloorAreaofotherUsesthatfacilitatetheoperationofthegarageGaragesthatare
built solely with public funds may be exempt from this
requirement if meeting the requirement would affect the tax exempt sta tus of the
project g
Height limit as set forth in the district in which the
project is loca ted h At Grade Parking Lots when an
Accessorv Use either located
under a Building or otherwise shall comply with the setbacks as set forth Section
6 5 A IS Porte Cochere A Porte Cochere shall be permitted
to ex tend from an entrance door to the Street line of
any Building except that Porte Cocheres shall not be permitted in a Single
FamilyorTownhomeDistrictWhereasidewalkorcurbexistthePorteCocheremayextendtowithin645
eighteen
18
inches
of
the
sidewalk
The
Porte
Cochere
shall
not
exceed
30
of
Building
frontage
in
width
or
sixteen
16
feet
in
height
or
be
screened
or
enclosed
in
any
manner
It
shall
provide
an
unobstructed
clear
space
of
not
less
than
nine
9
feet
between
the
Grade
and
the
underside
of
the
roof
of
the
Porte
Cochere
Proiections
All
districts
Every
part
of
a
Required
Yard
shall
be
open
to
the
sky
except
as
authorized
by
this
Ordinance
The
following
may
project
into
a
Required
Yard
for
a
distance
not
to
exceed
25
of
the
Required
Yard
up
to
a
maximum
projectionof
six
6
feet 16
r
3
feet
a
Roof
overhangs Sills
Window
or wall conditioning units Bay
windows
Walkways maximum g h
i
j
k Belt
courses
Chimneys
Cornices
Exterior
unenclosed
private Balconies Ornamental features Porches platforms
and
terraces
a
b
c
d
e
f
llite
Dish
Antennas
All
districts
are
only
permitted
in
the
Rear
Yard
or
on
top
of
Buildings
Antennas
in
the
Architectural
District
shall
be
located
and
sized
where
they
are
not
visible
from
the
Street
Satellite
Dish
Antennas
shall
be
considered
as
an
accessory
Structure
however
the
height
based
upon
maximum
operational
capabilities
to
the
top
part
of
the
antenna
shall
not
exceed
fifteen
15
feet
If
it
is
attached
to
the
main
Structure
it
may
not
project
into
a
Required
Yard
17
wimmin
Pools
All
districts
Accessory
swimming
pools
open
and
enclosed
or
covered
by
a
screen
enclosure
or
screen
enclosure
not
covering
a
swimming
pool may
only
occupy
a
required
Rear
or
Side
Yard
provided
18
Rear
Yard
Setback
Six
6
foot
minimum
setback
from
rear
property
line
to
swimming
pool
deck
or
platform
or
screen
enclosure
associated
or
not
associated
with
a
swimming
pool
provided
however
that
swimming
pool
decks
may
extend
to
the
property
line
and
be
connected
to
a
dock
and
its
related
decking
when
abutting
upon
any
bay
or
canal
There
shall
be
a
minimum
seven
and
a
half
7
foot
setback
from
the
rear
property
line
to
the
water
s
edge
of
the
swimming
pool
For
oceanfront
properties
the
setback
shall
be
measured
from
the
old
Miami
Beach
Bulkhead
Line
a
ide
Yard
Setback
Seven
and
one
half
7
foot
minimum
required
setback
from
side
property
line
to
swimming
pool
deck
or
platform
or
screen
enclosures
associated
or
not
associated
with
a
swimming
pool
Nine
9
foot
minimum
required
setback
from
side
property
line
to
the
water
s
edge
of
the
swimming
pool
b
a
Street
Single
Family
District
Ten
10
foot
setback
from
the
property
line
totheswimmingpooldeckorpiatformorscreenenclosure646SideYardFacin1c
2 All other Districts Fifteen 15 foot setback
from the property line to the swimming pool deck or
platform or
screen enclosure d A walk space at least eighteen 18 inches wide
shall be provided between swimming pool walls and fences or
screen enclosure walls Every swimming pool shall be protected by a
sturdy non climbable Safety Barrier and self closing and by a self
locking gate approved by
the Building Official I The Safety Barrier shall be not less than four
feet in height and shall be erected either around the
swimming pool or around the Premises or a portion
thereof thereby enclosing the area entirely thus
prohibiting unrestrained admittance to the
swimming pool area 2 Where a wooden type fence is to
be provided the boards pickets louvers or other such
members shall be spaced constructed and erected so as to
make the fence not
climba ble and impenetrable 3 The walls whether of the stone or
block type shall be so erected
to make them non climbable 4 Where a wire fence is to be
used it shall be composed of two inch chain link or
diamond wea ve non climbable type or of an approved equal with
a top rail and shall
be constructed of heavy galvanized material 5 Gates where provided shall
be of the spring lock type so that they shall
automatically be in a closed and fastened position at all times
They shall also be equipped with a gate lock and shall
be locked when
the swimming pool is not in use e The minimum size
of all Commercial Swimming Pools shall be four hundred
fifty 450 square feet with a minimum dimension of fifteen IS
feet and all required walkways shall have a minimumwidthoffour4feetaroundtheswimmingpool
exclusive of the coping Commercial Swimming Pools shall
also satisfy
all applicable requirements of any governmental agency having jurisdictionfVisualBarriersforSwimmingpoolsAccessoryswimmingpoolswhenlocatedon
any Yard facing a public Street or Alley shall be
screened from
public view as provided for in Section 8 Landscape Standards
19 Tennis courts and similar court games The following regulations
shall apply for fences lightpoles
or other accessory Structures associated with court games in all districts
a Required Front Yard maximum height of fences shall be ten 10
feet and the fences shall
besetbackatleasttwenty20feetfromthefrontpropertyline647
Required
side
and
required
Rear
Yard
maximum
height
of
fences
shall
be
ten
10
feet
and
the
fences
shall
be
set
back
at
least
seven
and
a
half
7
feet
from
the
interior
side
or
rear
property
line
When
the
fence
faces
a
Street
the
maximum
height
shall
be
ten
10
feet
and
the
fence
shall
be
set
back
at
least
fifteen
15
feet
from
the
property
line
For
oceanfront
properties
the
rear
Lot
Line
shall
be
the
old
Miami
Beach
Bulkhead
Line
b
Accessory
lighting
Fixtures
when
customarily
associated
with
the
Use
of
court
games
shall
be
erected
so
as
to
direct
light
only
on
the
Premises
on
which
they
are
located
The
maximum
height
of
light
fixtures
shall
not
exceed
ten
10
feet
when
located
in
a
Required
Yard
otherwise
the
maximum
height
shall
not
exceed
twenty
20
feet
Light
is
permitted
to
be
cast
on
any
public
right
of
way
c
be
coated
with
green
brown
or
black
When
fences
are
located
in
Required
Yards
they
shall
be
substantially
screened
from
view
from
adjacent
properties
public
right
of
ways
and
Waterways
by
landscape
materials
All
chain link
fences
shall
ma
terials
d
e
Any
play
surface
whether
paved
or
unpaved
when
associated
with
said
court
games
shall
have
the
following
minimum
Required
Yards
front
twenty
20
feet
interior
side
seven
and
one
half
7
feet
any
side
facing
on
a
Street
fifteen
15
feet
rear
seven
and
one
half
7
feet
f
Landscaping
when
associated
with
tennis
courts
shall
be
allowed
to
equal
the
height
of
the
fence
The
area
between
the
tennis
court
fence
and
the
front
Lot
Line
shall
be
landscaped
and
approved
by
the
Planning
and
Zoning
Director
prior
to
the
issuance
of
a
Building
Permit
g
ORNER
VISIBILITY
On
a
Corner
Lot
there
shall
be
no
Structure
or
planting
which
obstructs
traffic
visibility
between
the
height
of
two
2
feet
and
ten
10
feet
above
the
Street
corner
Grade
within
the
triangular
space
bounded
by
the
two
2
intersecting
right
of
way
lines
and
a
straight
line
connecting
the
right
of
way
lines
fifteen
15
feet
from
their
in
tersection
A
6
26
to
Buildings
and
Structures
located
OCEANFRONT
LOTS
These
regulations
apply
west
of
the
old
Miami
Beach
Bulkhead
Line
6
27
Oceanfront
Lots
shall
have
a
minimum
required
Rear
Yard
setback
of
fifty
50
feet
measured
from
the
Bulkhead
Line
or
25
of
lot
depth
75
feet
minimum
whichever
is
greater
in
which
there
shall
be
no
construction
of
any
Dwelling
Hotel
Apartment
Building
commercial
Building
seawall
ParkingareasrevetmentorotherStructureincidentaltoorrelatedtosuchStructureexceptinaccordancewiththefollowingprovisions648A
1 All requests for a Building Permit shall be approved under theDesignReviewBoardprocesspursuanttotheproceduresassetforthin
Section 18 2 Permitted Uses are limited to the following
enclosed Structures not utilized for dwelling purposes shade
Structures Outdoor Cafes Restaurants swimming pools Cabanas hot tubs
showers whirl pools toilet facilities swimming pool equipment decks patiosandcourtgameswhensaidgames
require no fences 3 There shall be a minimum required fifteen 15
foot setback from a side Lot Line and a minimum required
ten 10
foot setback from the Bulkhead Line 4 The maximum height ofanyhabitablespace
shall not exceed thirty 30 feet above Grade 5 The finished
floor elevation of decks patios platforms shall have a maximum hdght of two
and
one half 2 1 2 feet above the top of
the Dune 6 Any permitted enclosed
Structure shall have a maximum Floor Area Ratio of 0 5
of the setback area 7 Lot Coverage At least fifty 50 percent oftherequiredRearYardsetbackshallbeopenedtothe
sky and landscaped All areas
covered by permitted Uses other than portable beach furniture shall be
considered in the Lot Coverage calculation 8 View Corridor A minimum
of fifty 50 percent of the required Rear Yard setback
shall maintain an open and unencumbered view
apart from landscaping and decorative open picket type fences
from the Erosion Control Line to
the Rear Setback Line 9 Comply with
Florida Statutes Chapter 161 1987 as amended and any govern men tal agencies having
jurisdiction 6 28 MODIFICA TION OF HEIGHT REGULATIONS All Districts A
The height
regulations as prescribed in this
Ordinance shall not
apply to the following when not
used or intended to be used for habitation
1 Belfries 9 Monuments
2 Chimneys 10 Ornamen tal towers and
3 Church spires
spires 4
Con veyors 11 Radio and television towers 5 Cooling towers less than 125 feet inheight6Elevatorbulkheads12Smokestacks7Firetowers13
Stagetowersorscenerylofts8Flagpoles14Tanks15WatertowersBTheheightofallallowableitemsinParagraphAaboveshallnotexceedtwentyfive25feetabovetheheightusedtoestablisharequiredminimumYard649
Notwithstanding
other
provisions
of
these
regulations
the
height
of
all
Structures
and
natural
growth
shall
be
limited
by
the
requirements
of
the
Federal
Aviation
Agency
and
any
airport
zoning
regulations
applicable
to
Structure
and
natural
growth
C
UNUSED
FLOOR
AREA
Intent
These
regulations
are
intended
to
provide
for
greater
flexibility
in
the
pattern
of
Development
by
allowing
for
the
Transfer
of
Development
Rights
Unused
Floor
Area
from
one
parcel
to
another
when
said
parcels
are
separated
by
a
Street
TRAN
SFER
OF
DEVELOPMENT
RIGHTS
A
6
29
Districts
Development
Rights
Unused
Floor
Area
shall
only
be
transferred
from
properties
in
designa
ted
transfer
districts
to
properties
in
designated
recei
ving
districts
For
purposes
of
this
Section
the
R
PSl
R
PS2
GU
and
the
MXE
Mixed
Use
Entertainment
Districts
are
designated
as
transfer
districts
and
the
CD
3
when
not
located
in
the
Architectural
District
the
C
PS2
and
C
PS4
districts
are
designated
as
receiving
districts
however
there
shall
be
no
Transfer
of
Development
Rights
Unused
Floor
Area
from
a
GU
District
to
any
district
other
than
the
C
PS4
District
In
a
locally
designated
Historic
District
or
Site
a
historic
structure
as
listed
in
the
Historic
Property
Database
that
has
received
a
Tax
Credit
or
qualifies
as
a
certified
rehabilitation
according
to
the
U
S
Secretary
of
the
Interior
Standards
may
transfer
its
development
rights
to
a
hotel
development
However
such
hotel
development
shall
not
be
within
the
Architectural
District
but
within
a
receiving
district
as
listed
in
this
paragraph
and
meet
all
of
the
requirements
of
this
section
For
the
purposes
of
this
section
a
lot
or
portion
thereof
which
is
within
or
part
of
a
locally
designated
district
or
historic
site
shall
not
be
allowed
to
transfer
the
development
rights
unless
it
is
developed
as
a
parking
lot
or
garage
Lots
in
a
transfer
district
may
be
called
Transfer
Lots
or
Properties
and
Lots
ina
receiving
district
may
be
called
Receiving
Lots
or
Properties
nsfer
and
Receivin
Tr
B
Unused
Floor
Develo
Transfer
of
the
to
Pertainin
Proced
u
res
Area c
lica
tion
An
Applicant
for
Transfer
of
Development
Rights
shall
file
an
application
with
the
Planning
and
Zoning
Director
who
shall
place
the
request
on
the
agenda
of
the
Planning
Board
after
it
is
determined
that
the
application
is
complete
Filing
and
processing
procedures
for
placing
the
request
on
the
agenda
shall
be
pursuant
to
the
Conditional
Use
procedures
as
listed
in
Section
17
of the
Zoning
Ordinance
A
a
The
application
shall
include
plans
construction
schedule
status
of
financing
and
a
general
description
of
the
manner
in
which
the
project
shall
be
constructed
Plans
shall
include
but
not
be
limited
to
a
Site
Plan
elevations
landscaping
as
well
as
other
items
listed
in
Section
21ofthisOrdinance650b
c The application shall include substantiation of how the project
complies with the criteria listed in Section 6
29 C 2 d If Variances are required the Transfer
of Development Rights Unused Floor Area shall first be approved by
the Planning Board and then the Board of Adjustment may
consider requests for variances however it is not within the Board
of Adjustment s jurisdiction to consider variances relating
to the following development regulations floor area floor area
ratio or those regulations listed in Section 6 29 C 3 b d e
f g or h of this Ordinance
Deviation from these development regulations are considered as an Amendment
to the Zoning Ordinance and
shall be considered pursuant to Section 14 e All projects are required
to be approved by the Design Review Board prior to consideration
by the
Planning Board or Board of Adjustmen t 2 Evaluation CriteriaArequestforaTransferofDevelopmentRightsUnusedFloorAreashall
only be approved if the Planning Board finds that the
application is consistent with the following Mandatory Criteria a The project
is consistent with the Comprehensive Plan and will not reduce the
levels of service set forth in the Plan b The project is
consistent with the intent of
these regulations as set forth in Section 6 29 A
c The project provides adequate Off Street Parking facilities
the enhancement or creation of view corridors either through the Building s or
within
open space that is in addition to the required setbacks d The
transfer of Unused Floor Area is desirable for purposes
of enhancing the overall Development the creation of view
corridors improves the
pedestrian environment public right of way and publicly owned
property e The Transfer of Development Rights Unused Floor
Area accomplishes
a public purpose that is consistent with the Comprehensive Plan
f The proposed development shall be designed to produce
an environment of desirable character and in harmony with the
neighborhood The provisions herein are intended to result in
a superior quality of development and open
space relationships with high standards for recreational and parking areas g
A logical and superior pattern ofdevelopment results through the
Transfer of Development Rights Unused Fl oor Area rather than in
projects that would OCcur
ifthepropertysweredevelopedindependentlyofoneanother651
ulations
The
project
shall
be
consistent
with
the
development
regulations
as
set
forth
in
the
Zoning
Ordinance
unless
the
Board
of
Adjustment
grants
a
variance
s
to
said
development
regulations
See
Section
6
29
C
1
d
which
lists
what
types
of
requests
are
not
within
the
jurisdiction
of
the
Board of
Adjustment
Dcyclo
a
3
The
Maximum
Floor
Area
for
the
entire
project
shall
not
exceed
the
combined
Floor
Area
as
determined
by
the
underlying
Zoning
Districts
of
each
of
the
individual
parcels
that
are
shown
on
the
site
plan
The
amount
of
Floor
Area
transferred
shall
be
determined
by
the
maximum
permitted
Floor
Area
allowed
on
the
transferring
Lot
minus
the
provided
Floor
Area
but
excluding
Floor
Area
in
parking
Garages
and
commercial
uses
if
they
are
incl
uded
in
a
parking
Garage
b
If
the
developments
contains
a
Building
which
is
listed
in
the
Miami
beach
Historic
Property
Data
Base
then
the
maximum
allowed
Floor
Area
that
may
be
transferred
excludes
the
Floor
Area
in
the
existing
Building
if
said
Building
is
designated
as
a
Local
Historic
Site
and
it
is
substantially
rehabilitated
in
accordance
with
the
Secretary
of
the
Interior
s
Standards
for
Rehabilitation
and
Guidelines
for
Rehabilitating
Historic
Buildings
A
Building
Permit
and
Certificate
of
Occupancy
or
Certificate
of
Completion
for
the
rehabilitation
shall
be
issued
at
the
same
time
or
before
a
Building
Permit
and
Certificate
of
Occupancy
or
Certificate
of
Completion
is
issued
for
the
structure
on
the
Receiving
Lot
c
A
Receiving
Property
shall
not
exceed
the
maximum
allowed
Floor
Area
provisions
on
a
Receiving
Lot
by
more
than
20
The
transferred
Floor
Area
shall
only
be
permitted
after
a
Development
has
achieved
the
maximum
permitted
FAR
allowed
in
the
district
through
the
design
bonuses
as
listed
in
Section
6
24
Any
Floor
Area
that
is
transferred
to
a
Receiving
Property
and
which
is
used
as
units
shall
meet
or
exceed
the
average
Floor
Area
per
unit
size
provided
in
the
Building
d
No
more
than
25
of
the
required
parking
shall
be
placed
in
a
building
on
a
Lot
that
received
the
Transfer
of
Development
Rights
Unused
Floor
Area
e
If
a
Garage
is
constructed
on
a
Transfer
Lot
it
shall
contain
retail
uses
on
the
ground
floor
elevation
that
faces
Collins
A
venue
Alton
Road
or
5th
Street
The
development
regulations
pertaining
to
parking
Lots
and
Garages
are
set
forth
in
Section
6
25
B
14
f
of
each
other
wide
and
50
000
be
within
400
ft
Minimum
dimension
of
a
Receiving
Lot 200
feet
square
feet
of
Lot
Area
Lots
contained
on
the
site
shall
All
g
h
In
a
receiving
district
the
front
setback
for
the
Pedestal
and
the
Tower
shall
be
50
feet
However
if
the
projectcontainsretailusesonthegroundfloorfacingtheStreetthefrontsetbackforthe652
Pedestal shall be 15 feet with a height restriction of 20
feet and the Tower front setback shall
be 50 feet j Any project that is located in the Dune Overlay
District shall at the request of the City continue extend or connect to
the City s Beachfront park and Promenade in
accordance with the established guidelines Projects adjacent to
Biscayne Bay or Government Cut shall include a pedestrian
walkway which may or may not be accessible to the general
public however walkways on sites adjacent to the Miami Beach Marina shall be
open to the
general pu blic k Transfer Properties in different projects fronting
on the same Street which have a parking garage that is 50
or more of the total Floor Area of the Building shall be no
less than 400 feet from another Transfer
Property that is similarly developed I These regula tions are only applica
ble when the Receiving Property contains new construction on the entire
Lot or if the Receiving Property has a historic structure
as a main permitted Building m The Planning Board may impose
conditions on the project to insure that the project
is compatible with the neighborhood supports the intent of these regulations
does not reduce the levels of service as set forth in
the Comprehensive Plan and mitigates any negative impacts that may result
from the development of
a project under these regulations n The Design Review Board may require
a greater setback than that which is required in order
to achieve a view corridor 4 Recording of Documents Within
a reasonable time after the Planning Board s decision on the
request to Transfer Development rights Unused Floor Area a Final Order shall be
recorded by the Applicant in the Public Records of Dade County against
all of the properties in the Development The Final Order shall
be recorded against the transfer and Receiving Properties The Final
Order shall include the amount of Development Rights Unused
Floor Area that was transferred and received for each property and the
amount of required parking that shall always be made available to the receiving
property and be in the form of an irrevocable covenant running
with the land Said covenant shall only be dissolved if the Floor Area
that was built on the Receiving Property is completely removed
The Applicant shall agree to bind themselves successors and all of
the property in the Development with regard to conditions if any that
are placed on the development All documents that are required to be recorded
in the Public Records of Dade County by these regulations shall first
be approved by the
City Attorney 5 Changes in the Develooment The Final Order s and
documents that are required to be recorded against the property s in the Public
records of Dade County shall not be changed unless such change
is approved by those agencies and boards which were
involvedintheinitialapproval653
SECTION
7 PARKING
REGULATIONS 7 1
PARKING DISTRICTS ESTABLISHED For the purpose of establishing Off Street Parking requirements the
City of Miami Beach shall be divided into
two parking districts A Parking District No I Parking District No I is that area
not included in
Parking District No 2 B Parking District No 2 Parking District No
2 includes those properties with a Lot Line on Lincoln Road from the west side of
Washington A venue to
the east side of
Alton Road 7 2 OFF STREET PARKING REOUIRED Except as otherwise provided in
this Ordinance when any Building or Structure is erected or altered accessory Off
Street Parking Spaces shall be provided for the
Building Structure or additional Floor
Area as follows A Parking District No
I 1 Adult Congregate Living Facilitv 1 space per
2 beds 2 Amusement Place Video Arcade Dance Hall Skating Rink
Auditorium or Exhibition Hall without
fixed seats 1 space per sixty 60 feet of
Floor Area available for seats 3 Animal Hosoital 1 space per
400 square feet of Floor Area 4
Aoartment Building and Aoartment Hotel or Hotel I
spaces for each Apartment Unit and 1 space per Hotel Unit 5 Auditorium
Ballroom Convention Hall Gvmnasium Meeting rooms or other similar olaces
of assembly I space per 4 seats or I space per 60
square feet of Floor Area
where there is no seating 6 Bar 1 space per 4 seats and
1 space
per 60 square feet of area not u tilized for sea
tinge 7 Bowling Allev or Pool
Room 1 space for each alley or
per billiard or pool table
8 Bus Sta tion I space per
60squarefeetofFloorArea9CabanaIspacepertwoCabanas10CafeBeachfrontshallhavenoparkingrequirement11CafeOutdoor1spaceper4seats12CafesSidewalkshallhavenoparkingrequirement71
seating
bench
or
sea
ts
6
space
per
Ie
13
space
per
3
sea
ts
College
1
space
per
5
seats
in
the
main
auditorium
or
per
classroom
whichever
is
greater
14
of
Floor
50
square
feet
space
per
1
Dormitorv
1
space
per
two
beds
or
Area
whichever
is
greater
15
Area
in
chambers
of
Floor
space
per
6 seats
or
bench
seating spaces
square
feet
space
per
300
1
Institutions
Financial
16
Funeral
Home
and
chapels
Furniture
Store
Hardware
Machiner
E
ment
and
Automobile
and
Boat
sales
and
service
1
space
per
400
square
feet
of
Floor
Area
17
18
General
service
or
reoair
establishment
printing
publishing
plumbing
heating
broadcasting
1
space
per
1
000
square
feet
of
Floor
Area
19
space
fish
meat
Stores
Suoermarket
fresh
fruit
square
feet
of
Floor
Area
20
spaces
per
High
School
1
space
per
12
seats
in
the
main
auditorium
or
6
seats
in
a
classroom
whichever
is
greater
l
2
apply
The
number
of
Off
Street
Parking
Spaces
required
for
any
Structure
shall
be
determined
by
the
primary
Use
of
the
Structure
in
accordance
with
the
requirements
as
follows
HD
Hosoital
Districts
The
following
parking
regulations
shall
to Structures
situated
inthe
HD Hospital
District
22
bed
facility
1
space
per
5
seats
in
the
main
auditorium
per
3
seats
per
classroom
whichever
is
greater
Hospital
spaces
per
Educational
or
I
space
Hosoital
a
b
and
h
3
B
2
as
identified
in
Section
6
1
square
feet
of
Floor
Area
Offices
and
Clinics
space
for
each
400
c
space
3
B
2
Hosoital
Staff
offices
as identified
in
Section
6
for
each
350
square
feet
of
Floor
Area
d
of
Floor
square
feet
listed
in
Uses
000
irement
for
space
for
each When not
listed
above
the
parking
requ
this
Section
shall
apply
Research
Facilit
Area
e
f
or
Motor
Lodge
Hotels
located
intheMiamiBeachDistrictorwithin400feetoftheCivicandConventionDistrict1spaceper2HotelUnitsHoteLMotelArchitecturalCenterCCC23nmain5seatsspaceperJuniorHighElementarvorNurservSchooassemblyroomplus1spaceperclassroom7224
25 Laundrv I space per 500 square feet of
Floor Area 26 Manufacturing or Industrial Establishment
Research or Testing Laboratorv Creamery Bottling Plant Wholesale
Warehouse or similar establishment 1 space per 1
000 square feet of Floor Area 27 Marina I space per two wet slips
I space
per 10 slips in dry dock storage facility 28 Nightclub I space per
4 seats and
1 space per 60 square feet of
area not utilized for seating 29 Nursing Homes I space for each
2 beds 30 Office or Office Building I space per400
square feet of Floor Area however medical offices and Clinics
shall provide 1 space per 300
square feet 31 Private Clubs Countrv Clubs Fraternities Sororities and
Lodges I space per 250 square feet of Floor Area 32 Restaurants
or other establishment for consumotion of food or beverages on the Premises
1 space per 4 seats take out Restaurant with no seats
1 space per 300 square feet of Floor Area
take out Restaurant and home delivery with no seats 1
space per 200 square feet of Floor Area Parking requirements for Restaurants
offering
a combination of services shall be cumulative Restaurants that
have an Occupational License for a Nightclub or Bar
shall meet the parking requirement indicated for those Uses 33 Retail Store
Coin Laundrv Drv Cleaning Receiving Station Financial Institutions Stock Brokerage
or Personal Service Establishment as a main permitted Use 1
space per 300 square
feet of Floor Area as an
Accessory Use I space per 400 square feet ofFloorArea34RoomingBoardingorLodgingHouse1spaceper
Hotel Unit
plus 2 spaces for
the Building 35 Sin21e Familv detached dwelling 2spaces36ShoooingCenter
1 space per 300 sq ft however the parking requirementsforeating
anddrinkingUsesshallbeasestablishedunder72A32above37Theatre1spaceper4seats38TeleohoneExchangesorEauiomentBuildings1spaceper1500squarefeetofFloorArea39Townhouse2spacesforeachunitplus1designatedguestspaceper5units73
Parking
this
in
Uses
for
iremen
t
requ
No
2
There
shall
be
no
Off
Street
Parking
District
except
for
those
listed
below
District
Parkin
B
it
each
un
for
spaces
Aoartment
Buildin
artment
Hotel
regardless
of
size
or
number
of
bedrooms
1
The
parking
requirement
may
be
satisfied
by
entering
into
a
Development
Agreement
with
the
City
to
provide
for
said
parking
through
the
construction
of
facilities
over
City
owned
properties
air
rights
or
by
providing
for
Off
Site
Parking
facilities
in
accordance
with
Section
7
3
of
this
Ordinance
space
for
every
2
beds
Con
Adult
2
Area
of
Floor
space
per
400
square
feet
Offices
3
space
per
4
sea
ts
Zoning
Districts
exemoted
from
Providing
Parking
There
shall
be
no
required
parking
for
any
Use
located
in
the Dune
Overlay
District
or
Waterway
Districts
1
2
Thea
tres
4
c
OFF
SITE
FACILITIES
All
parking
spaces
required
herein
shall
be
located
on
the
same
Lot
with
the
Building
or
Use
served
or
within
a
distance
not
to
exceed
1200
feet
from
such
Lot
The
distance
separation
shall
be
measured
by
following
a
straight
line
from
the
Lot
on
which
the
main
permitted
Use
is
located
to
the
Lot
where
the
Parking
Lot
or
garage
is
located
A
7
3
Where
the
required
parking
spaces
are
not
located
on
the
same
Lot
with
the
Building
or
Use
served
and
used
as
allowed
in
paragraph
7
3
A
above
a
Unity
of
Title
shall
be
prepared
for
the
purpose
of
insuring
that
the
required
parking
is
provided
Said
Unity
of
Title
shall
be
executed
by
owners
of
the
properties
concerned
approved
as
to
form
by
the
City
Attorney
recorded
in
the
public
records
of
Dade
County
as
a
covenant
running
with
the
land
and
shall
be
filed
with
the
application
for
a
BuildingPermitBthisoftoSection76Hbepursuantfacilitiesshall74TemporaryParkingLotOrdinanceC
7 4 INTERPRETATION OF OFF STREET
PARKING REOUIREMENTS A The parking required herein is in addition to space for storage of trucks
or other vehicles used in connection with a business Commercial or
industrial Use B Where fractional spaces result the parking spaces required shall
be construed to be the next highest
whole number C The parking space requirements for a Use not specifically listed in
this Section shall be the same as for a listed Use which generates a similar level
of
parking demand D In the case of mixed Uses Uses with different parking
requirements occupying the same Building or Premises the parking spaces required shall equal
the sum of the requirements of the various Uses computed separately except
when the amount of required parking spaces is computed under the
Shared Parking provisions as set forth
in Section 7 10 E Whenever a Building or Use constructed or established
after the Effective Date of this Ordinance is changed or enlarged in Floor
Area number of Apartment or Hotel Units seating capacity or otherwise to create
a requirement for an increase in the number of required parking spaces such
spaces shall be provided or the impact fee paid whichever is permitted under
this Ordinance on the basis of
the enlargement or change F Whenever a proposed Use does not indicate the specific
number of Persons to occupy such area the required parking shall be computed on
the basis of one Person per 15 square feet of Floor Area the
parking requirement shall then be
calculated as listed in Section 7 2 G Handicapped parking facilities shall
be provided as required by the South Florida Building Code These spaces
shall be included within the amount of
parking that is required under this Ordinance H For non residential Uses the parking
calculation shall be
the gross
Floor Area of the Building 7 5 DESIGN STANDARDS A Minimum Area With
the exception of parking spaces that are permitted in Section 7 6 B
when a standard Off Street Parking Space is an all weather surfaced area not in a Street
or Alley and having a width of not less than eight and one
half 8 1 2 feet and length of not less than eighteen 18
feet except for parallel parking such space shall be twenty one 21 feet in
length The length required shall be measured on an axis parallel with the vehicle
after it is parked The width required is to be column
free clear space except those standard Off Street Parking Spaces immediately adjacent to
a structural column within an enclosed parking Structure may have a width
of eight 8 ft The required area is to be exclusive of
driveways permanently reserved for the temporary parking of one 1 automobile and connected
with a Street or Alley by an all weather surfaced driveway This
driveway must be contiguous to the Parking space and afford unobstructed ingress
and egress for an automobile to be moved except where vehicles are
parked by a parking attendant Attendant parking spaces shall not apply
towardthecomputationoftheminimumparkingrequirementsexceptforHotelUnitsinHotelorApartmentHotelBuildings75
For
Hotels
Apartment
Buildings
and
eating
and
drinking
establishments
which
are
within
a
Redevelopment
Area
or
within
nationally
or
locally
designated
Historic
Districts
or
Hotels
having
more
than
200
units
the
required
parking
may
be
provided
on
a
valet
basis
in
at
Grade
Lots
or
parking
Structures
The
valet
space
shall
be
eight
8
feet
by
sixteen
16
feet
with
a
maximum
stacking
of
four
4
vehicles
with
an
aisle
of
at
least
20
feet
at
the
each
end
An
aisle
is
not
required
between
stacked
cars
and
a
wall
or
lot
line
The
setback
requirements
for
a
valet
parking
lot
or
garage
are
listed
in
Section
6
25
B
14
B
Drainage
and
Maintenance
Off
Street
Parking
facilities
shall
be
drained
to
prevent
damage
to
abutting
property
and
or
public
Streets
and
Alleys
and
surfaced
with
erosion
resistant
material
in
accordance
with
applicable
City
specifications
Off
Street
Parking
areas
shall
be
maintained
in
a
clean
orderly
and
dust
free
condition
at
the
expense
of
the
owner
or
lessee
and
shall
not
be
used
for
the
sale
repair
or
dismantling
or
servicing
of
any
vehicles
equipment materials
or
supplies
c
imum
min
the
following
to
the
interior
drive
set
back
an
measured
from
the
to
the
face
of
the
or
exceed
twenty
two
22
feet
with
columns
parallel
drive
on
each
side
of
the
required
addi
tional
one
1 foot
six
6
inches
edge
of
the
required
interior
drive
column
eleven
11
feet
seven
teen
I 7 feet ten
10
feet six
6
meet
drives
shall
Drives
Interior
permi
tted
parking
parking
parking parking In
terior
dimensions
902
452
602 302
D
inches
ill
ustra
tionsthefollowingFurtherdefinedbyCouJ450Porking900PorkingJJ300Parking76600Parking
E Marking Parking spaces shall be marked by painted double lines or curbs or
other means to indicate individual spaces Each individual space shall be
provided with a car stop curb or other similar device which is at least two and
one half 2 feet from the end of the parking space to prevent
vehicular encroachment Signs or markers shall be used as necessary to ensure
efficient traffic opera tions of the
Lot F Li2hting Adequate lighting shall be provided The lighting shall be arrangedandinstalledtominimizeglareonpropertyinaresidentialdistrictParkingfacilitiesshallbeilluminatedfrom12houraftersunsetto
1 2 hour before sunrise at the levels specified below with
a uniformity ratio of
10 1
USE MIN
ILLUM FC
4 4
6 9
Residential lots Commercial lots small 5 10 spaces medium 11 99 spaces
large 100 spaces G Screenin2 and Landscaoing At Grade Parking Lots
and parking garages shall conform to the minimum Landscape Standards as
set forth in Section 8
6 H Temoorarv Parking Lot Standards When permitted the followingstandardsareestablishedforTemporaryParkingLots1TemporaryCommercialornoncommercial
Parking Lots may be operated in the MR Marine District GU
Government Use District MXE or C PS 1 4 Districts These Lots may
be operated independent of a primary Use Temporary non commercial
Lots may be located in the R PSI 4 and in any
multi family residential district or within the Architectural District as defined in
Section 3 2 A of this Ordinance One
Sign per Street frontage is permitted The maximum size of each Sign shall be
five 5 square feet per Fifty 50 feet of Street frontage
2 Parking Lots shall be brought to Grade with no less than
one 1 inch of asphalt over a four 4 inch limerock base however the Public
Works Director may require a six inch limerock base or thicker asphalt based
upon conditions at the Site the intensity of the Use at
the Site or if trucks are intended to be parked on
the Site that would require the additional base support Prior totheissuance
of an Occupational License for a Temporary Parking Lot the Applicant shallsubmitamaintenanceandwateringplanwhichisapprovedbythePlanning
and Zoning Departmen t 3 Should the City Manager find that the
operation of a Temporary Parking Lot has an adverse effect
on the welfare
of surrounding properties he may revoke the license pursuant to the procedures
set forth in Section 20
27 of the Miami Beach City Code upon 48 hour written notification to
the Applicant 4
UseofTemporaryParkingLotsshallnotbeforparkingwhichisrequiredbytheZoningOrdinance5AllLotsconsideredunderthisSectionshallbereviewedpursuanttotheDesignReviewregulations77
All
Lots
located
South
of
Biscayne
Street
or
located
in
a
Residential
Zoning
District
shall
require
a
public
hearing
pursuant
to
the
Conditional
Use
procedures
as
set
forth
in
Section
17
4
C
6
Prior
to
the
issuance
of
an
Occupational
License
a
covenant
running
with
the
land
which
lists
the
applicable
requirements
of
this
Section
shall
be
recorded
in
the
public
records
of
Dade
County
7
Temporary
Parking
Lots
shall
not
be
permitted
to
exist
for
a
period
of
time
greater
than
three
3
years
from
the
date
of
Building
Permit
issuance
regardless
of
ownership
At
the
end
of
this
period
if
the
lot
continues
to
be
used
for
the
purposes
of
parking
a
permanent
lot
shall
be
constructed
in
conformity
with
the
Zoning
Ordinance
however
an
Applicant
may
request
one
extension
of
time
for
a
period
not
exceeding
two
2
years
from
the
Planning
Board
8
If
the
Lot
is
paved
and
not
operated
on
a
valet
basis
then
all
parking
spaces
shall
be
marked
by
painted
lines
or
curbs
or
other
means
to
indicate
individual
spaces
and
wheel
stops
shall
be
provided
Vehicles
shall
not
back
out
onto
any
Street
The
size
of
the
parking
spaces
back
out
areas
and
exit
interior
drives
shall
not
have
dimensions
less
than
those
required
in
Section
7
6
A
D
of
the
Zoning
Ordinance
Lots
operated
on
a
valet
basis
shall
have
wheel
stops
at
the
edge
of
the
pavement
All
wheel
stops
required
in
this
subsection
shall
be
placed
no
less
than
four
4
feet
away
from
each
other
9
There
shall
be
a
five
5
foot
wide
landscaped
area
bordering
the
surfaced
area
along
a
property
line
Street
Alley
or
sidewalk
The
front
and
rear
areas
shall
be
landscaped
with
canopy
trees
minimum
of
two
2
trees
per
fifty
50
feet
of
Street
and
Alley
frontage
All
landscaped
areas
shall
utilize
St
Augustine
Grass
or
planted
material
acceptable
to
the
Planning
and
Zoning
Department
A
two
and
one
half
2
foot
high
hedge
shall
be
placed
along
the
side
and
rear
property
lines
10
No
interior
landscaping
is
required
however
all
landscaping
that
IS
placed
on
the
Lot
shall
be
maintained
in
good
condition
so
as
to
present
a
healthy
neat
and
orderly
appearance
11
all
fifty
50
feet
of
is
acceptable
Water
for
irrigation
shall
be
available
within
landscaped
areas
A
hose
bib
or
an
in
ground
system
12
and
Zoning
Prior
to
the
approve
the
Prior
to
the
issuance
of
a
Building
Permit
the
Planning
Department
shall
approve
the
Site
Plan
and
landscaping
issuance
of
an
Occupational
License
the
Department
shall
placement
of
landscaping
13
Surface
storm
water
shall
not
drain
to
adjacent
property
or
a
public
right
of
way
If
the
Public
Works
Director
determines
that
there
is
insufficient
area
to
accommodate
drainage
he
may
require
that
for
every
1
000
square
feet
of
surface
parking
area
there
shall
be
two
2
twenty
four
24
inch
diameter
round
auger
holes
drilled
to
a
depth
oftwo2feetbelowgroundwaterandfilledwithroughwashingballastrockbroughttowithinsix6inchesofanaugerholeinletcasting7814
15 Any temporary parking lot that is non conforming to these
regulations six 6 months after the Effective Date of this Ordinance or
upon the expiration date of an existing Occupational License whichever
is later shall cease
to exist 7 6 OFF
STREET LOADING SPACE REOUIREMENTS When any Building or Structure is erected structurally altered
or converted in Use accessory Off Street Loading Spaces shall be provided
for the Building Structure additional Floor Area or new Use in accordance
with the following schedule A For each retail store department store
Restaurant wholesale house warehouse repair general service manufacturing or
industrial establishment or similar Use which has an aggregate Floor Area
in square feet of 1
2 Over 2 000
bu t not over 10
000 Over 10 000
but not over 20
000
Over
20
000
bu t
not over 40 000 Over 40 000 but not over 60 000
For each additional 50 000 over 60 000 1 space 2 spaces 3 4
5 3 spaces 4 spaces
I space B For
each office Building Hospital or
similar institutions places of public
assembly or
similar
Use
which
has an aggregate Floor Area in square feet
of 1 2 3 4 Over 5 000 bu
t not over 10 000 Over 10 000
but not over 100 000 Over 100 000
bu t not over 200 000
For each addi tional
100 000 over 200 000 I space 2 spaces 3 spaces 1 space C ForanyresidentialBuildingorHotelBuilding4123
Over 36 units but not more
than 50 units I space Over 50 units but not more than100units2spacesOver100unitsbutnotmorethan200units3
spaces For each additional 100 units or fraction thereof over 200 units 1 space D Required Off Street Loading Spaces
arenottobeincludedasOffStreetParkingSpacesinthecomputationofrequiredOfrStreetParkingSpacesEOffStreetLoadingDesignStandards1SizeandLocationForthepurposeoftheseregulationsaLoadingSpaceisaspacewithinthemainBuildingoronthesameLotlogicallyandconvenientlylocatedforbulkpickupsanddeliveriesscaledtodelivery79
to
vehicles
expected
to
be
used
but
not
less
than
10
x
20
and
accessib
such
vehicles
when
required
Off
Street
Parking
Spaces
are
filled
e
Drainage
and
Maintenance
Off
Street
loading
facilities
shall
be
drained
to
prevent
damage
to
abutting
property
and
or
public
Streets
and
Alleys
and
surfaced
with
erosion
resistant
material
in
accordance
with
applicable
City
specifications
Off
Street
Loading
areas
shall
be
maintained
in
a
clean
orderly
and
dust
free
condition
at
the
expense
of
the
owner
or
lessee
and
shall
not
be
used
for
the
sale
repair
dismantling
or
servicing
of
any
vehicles
equipment
materials
or
supplies
2
Entrances
and
Exits
The
location
and
design
of
entrances
and
exits
shall
be
in
accordance
with
applicable
traffic
regulations
and
standards
as
designed
for
truck
loading
and
unloading
such
entrance
or
exit
shall
be
designed
to
provide
at
least
one
Off
Street
Loading
Space
However
no
such
Loading
Space
shall
be
located
in
the
required
Front
Yard
setback
3
PARKING
IMPACT
FEE
PROGRAM
Where
there
is
inadequate
area
available
on
Site
or
at
a
location
within
1200
feet
of
the
Site
for
providing
some
or
all
of
the
parking
spaces
required
by
this
Ordinance
for
a
given
Use
the
parking
requirement
may
be
fulfilled
by
payment
of
an
impact
fee
instead
as
provided
herein
However
in
no
instance
shall
the
su
bsti
tu
tion
of
an
impact
fee
result
in
a
new
residential
Development
which
provides
less
than
one
1
parking
space
per
unit
7
7
Fee
Calcula
tion
New
Construction
The
impact
fee
shall
be
satisfied
by
a
one
time
payment
at
the
time
of
issuance
of
a
Building
Permit
of
5000
or
such
amount
as
shall
be
determined
in
accordance
with
Section
7
7
A
3
for
each
Required
Parking
space
not
provided
1
A
Existing
Structures
When
alteration
or
rehabilitation
of
a
Structure
results
in
an
increased
parking
demand
regardless
of
the
value
of
the
work
the
impact
fee
shall
be
satisfied
by
one
of
the
following
2
a
bove
or
A
yearly
payment
in
the
amount
of
6
of
the
payment
required
by
Subsection
7
7
A
l
which
shall
continue
as
long
as
the
Use
exists
The
amount
of
said
payment
may
vary
from
year
to
year
in
accordance
with
the
determination
set
forth
in
Subsection
7
7
A
3
However
in
lieu
of
continued
yearly
payments
a
one
time
redemption
payment
may
be
made
at
any
time
of
the
full
amount
due
pursuant
to
Subsection
7
7
A
l
said
amount
shall
be
based
upon
the
latest
determination
made
pursuant
to
Subsection
7
7
A
3
as
of
the
time
of
the
redemption
payment
rather
than
upon
the
amount
which
would
have
been
due
if
the
fee
had
been
paid
at
the
time
the
work
was
done
regardless
of
the
number
of
yearly
payments
made
previously
However
when
New
Floor
Area
is
added
to
the
existing Building
theimpactfeeshallbeassetforthinSection77AIabove710forthinSubsection77AassettimepaymentAoneab
3 The amount determined to be the City s cost for construction of
one parking space shall be determined by the Board of Adjustment yearly
and shall be based upon data supplied by the various Citydepartmentsinvolvedwithsaidconstructionthefigureshallberevisedasneed
be from time to
time B Fee
Collection 1 New Construction one time payment The impact fee shall be
paid in full at the time of application for the Building Permit said fee
shall be refunded if construction does not commence prior to expira tion
of the
Building Permit 2 Existing Structures and which elect yearly payment
plan The first impact fee payment shall be paid prior to the issuanceofaBuildingPermitandshallbeappliedatthetimetheCertificateof
Use is issued If no Building Permit is needed the first payment shall be
due at the time the Occupational License or Certificate of Use
whichever is earlier is issued The second payment shall be due June
1st following the issuance of the Occupational License or CertificateofUsewhicheverisearlierandtheamountdueshallbe
prorated Subsequent annual payments shall be paid in full by June 1st as long as the
Use exists the amount of the payment is set forth in Section
7 7 A 2 b above 3 Existing structures one
time redemption payment this payment may be made at any time and shallbeintheamountdeterminedbyapplicationoftheformulaforonetimepayment
as
set forth in Section 7 7 A 2 b above 4 Late
payments Monthly interest shall accrue on unpaid funds due to the CityundertheImpactFeeProgramatthemaximumratepermittedbylawAdditionallya
fee in the amount of 2 of the total due shall
be
imposed monthly to cover the City s costs in administering collection procedures5FailuretopayAnyparticipantintheImpactFeeProgramwhohasfailedtopaytherequiredfeewithinthree3monthsofthedateonwhichitisdueshallberegardedashavingwithdrawnfrom
the Program and shall be required to provide all parking spaces required
by this Ordinance or cease the Use for which saidspaceswererequiredFailuretocomplyshallsubjectsaidparticipanttoenforcementproceduresbythe
City and may
result in fines of up to 250 per day and liens as provided by lawCFundsgeneratedbytheImpactFeeProgramshallbedepositedinaCityaccountspecificallyestablishedtoprovideparkingandrelatedImprovementsinthevicinityofthesubjectpropertyThePlanningand
Zoning Director shall maintain a map which includes a listing of the districts andaccountsDTherequirednumberofparkingspacesmaybeprovidedinafacilitydevelopedthroughajointventureagreementwiththeCityorbyaprivateentityinwhichtherequirednumberofparkingspacesinaparkingfacilityisspecificallyreservedforUsebytheApplicantAgreementsregulatingprivatelyownedparkingfacilitiesshallbeapprovedbytheCityAttorney
thoserelatingtoCityownedpropertyshallbeapprovedbytheCityCommissionAllagreements711
Dade
of
records
the
public
n
recorded
be
shall
su
bsection
this
to
pursuant County
Section
this
the
requirements
of
be
granted
from
No
variances
shall
E PARKING
CREDIT
SYSTEM
Whenever
a
Building
or
Use
that
was
established
prior
to
the
Effective
Date
of
this
Ordinance
is
changed
in
a
manner
that
results
in
an
increase
in
the
number
of
required
Parking
spaces
the
following
regulations
shall
apply
A
7
8
Any
Building
or
Use
that
lawfully
exists
on
the
Effective
Date
of
this
Ordinance
shall
receive
a
parking
space
credit
equal
to
the
number
of
parking
spaces
required
prior
to
the
adoption
of
this
Ordinance
The
parking
credit
shall
run
with
the
land
and
shall
be
applied
toward
the
required
Parking
as
follows
1
the
the
area
within
to
The
Parking
credit
shall
only
be
applied
existing
shell
of
the
Building
a
Parking
credits
shall
not
be
applicable
to
Buildings
in
the
Redevelopment
Area
MXE
Mixed
Use
Entertainment
District
or
when
all
or
a
portion
of
a
building
has been
demolished
b
Notwithstanding
paragraph
1
when
a
Building
is
rehabilitated
at
a
cost
greater
than
fifty
50
percent
of
the
Building
s
assessed
value
and
when
said
Building
contains
Hotel
Units
no
parking
credits
shall
be
given
for
required
Parking
spaces
for
Apartment
Units
which
are
proposed
to
be
converted
to
or
replaced
with
new
Hotel
Units
2
RPLllS
AND
UNDER
UTILIZED
PARKING
SPACES
S
7
9
Soaces
When
a
Development
contains
parking
spaces
in
excess
of
the
number
required
by
this
Ordinance
such
spaces
shall
be
considered
as
surplus
parking
These
surplus
spaces
may
be
leased
to
another
property
for
Use
as
required
Parking
spaces
if
the
surplus
spaces
are
within
1200
ft
of
the
Development
leasing
such
spaces
The
lease
agreement
shall
be
approved
by
the
Planning
and
Zoning
Director
and
the
City
Attorney
s
Office
prior
to
its
execution
and
it
shall
be
recorded
in
the
public
records
of
Dade
County
for
each
of
the
affected
properties
prior
to
the
issuance
of
a
Building
Permit
or
Occupational
License
whichever
is
earlier
When
the
Development
that
contains
the
surplus
parking
changes
to
a
Use
that
requires
additional
parking
such
Use
shall
not
receive
a
Building
Permit
or
Occupational
License
until
the
City
receives
documentation
that
a
parking
shortfall
has
not
been
created
for
any
other
Use
that
may
have
been
utilizing
the
surplus
parking
Parkin
Ius
Sur
A
Soaces
When
a
Building
or
Development
contains
required
parking
spaces
that
are
being
under
utilized
such
spaces
may
be
leased
to
another
party
However
such
spaces
shall
not
be
considered
as
Required
Parking
spaces
of
the
lessee
In
order
to
determine
if
a
Development
has
under
utilized
spacestheApplicantshallsubmit712UnderutilizedParkinB
an annual report to the Planning and Zoning Director substantiating this
finding The Director shall approve or deny the report based upon the reportoftheCitydepartmentverifyingtheresultsoftheannualreportAfeeof
20 per space shall be paid for purposes of offsetting the cost of administra ting
this
Section 7
10 SHARED PARKING Two or more Uses shall be permitted to share the same requiredOffStreetParkingSpacesinacommonparkingfacilityonthesameLotifthehoursor
days of peak parking for the Uses are so different that a lower total will
provide an adequate number of spaces for all Uses served by the facility according to
the following table
WEEKDA YS WEEKENDS Daytime Evening
Daytime Evening Nighttime 6AM 6PM 6PM 6AM 6AM
6PM 6PM midnight
midnigh t
6AM
Office
or
100
5 10
5
5 Banks
Retail 60 20 80 60
5 Hotels 50 60 60 100 75 Restaurant 50 75 75 90 10
Thea ter 10 70 20 90 10
Nightclubs 5 50 5 100 90 Other Uses 100 100 100 100
100 a Method of calcula tion Step
1 For each of the five time periods multiply the minimum number of parking spaces
required by Section 7 2 Parking Regulations Step
2 Add
the results of each column The required number of parking spacesshallequalthehighestcolumntotalbThelandusesservedbythe
shared parking facility shall be
insingleownershiporunityoftitleorlongtermlease711VALETPARKINGRequiredparkingforneworsubstantiallyrenovatedHotelBuildingsHotelAccessoryUsesNightclubsorRestaurantsinexcessof200seatsmaybesatisfiedthroughtheprovisionsofvaletparkingspaces713
SECTION
8 LANDSCAPE
STANDARDS
8 1 PURPOSE A These regula tions are designed to result in the placemen t oflandscapematerialsinsuchmannerastoimprovehighlyvisibletourist
commercial and residential areas of the City to protect and preserve Landscape Featuresandtoenhancethe
value of property
8 2 SCOPE OF REVIEW A All elements of landscaping shall be selected
for their functional value aesthetic appeal and consistency with theComprehensivePlanandNeighborhoodPlansLandscapeplansshallbein
compliance with the following criteria
1 provision of shade
and coolness 2 enhancement of architectural features 3
achievement of beauty and pride in the community
4 enhancement of the tropical image
of the
community 5 separation of incompatible Uses or obtrusive
elemen ts 6 amelioration of the impact of noise and
light 7 integration of any Structures with adjacent bodyofwater
and 8 preservation
and protection of existing plant materials and energy conservation83APPLICABILITYANDEXEMPTIONSAAooIicabilitvAllBuildingPermitsfornewconstructionSubstantialRehabilitationoradditionstoexistingBuildingswhenlocatedinareasdesignatedforDesignReviewpursuanttoSection182AprojectsthatarereviewedundertheConditionalUseorVarianceproceduresandpropertyintheRedevelopmentAreaThePlanningandZoningDirectorshallconductalllandscapereviewspursuanttotheregulationssetforthhereinandconsistentwiththeDesignReviewregulationsassetforthinSection18Thelandscapereviewshallincludebutnotbelimitedtoparkingdecksall
Required Yards decks associated with recreational facilities or any Open Space areas thatarevisibletothepublicBPermitsforDemolitionorwreckingshallrequirealandscapesurveytoinsurethatvaluableexistingtreesarenotdamagedordestroyedhoweverthesubmissionofthesurveymaybewaivedbythePlanning
and Zoning Director In the event a survey is waived the Applicant shall provide
a detailed landscape narrative 1 Trees that have a trunk
diameterofeight8ormoreinchesshallnotberemovedwithouttheapprovalofthePlanningandZoningDirector81
Exemotions
Exemptions
to
these
regulations
include
all
of
the
following
provided
no
new
construction
and
or
additions
to
existing
Buildings
or
removal
or
damage
to
existing
vegetation
are
required
C
fire and
conditioning
elevators
and
other
mecha
nical
hea
ting
air
equipment
All
permits
for
plumbing
alarms
and
extinguishing
electrical
equipment
Any
permit
necessary
for
the
compliance
with
a
lawful
order
of
the
Building
Official
Fire
Marshal
or
Public
Works
Director
including
2
immediate
public
health
or
safety
the
necessary
for
Any
permit
a
repairs
Alterations
and
in
terior
permits
for
All
b
ELEMENTS
OF
THE
LANDSCAPE
PLAN
8
4
to
mited
Ii
be
not
include
but
Landscape elements shall
Palms
fencing
such
as
A
not
in
landscaping
but
material
commonly
used
or
sand
Any
non
living
durable
limited
to
rocks
pebbles
2
LANDSCAPE
PLAN
SUBMISSION
Prior
to
the
issuance
of
a
Building
Permit
the
Planning
and
Zoning
Department
shall
approve
a
landscape
plan
which
includes
the
following
A
8
5
to
to
remain
trees
location
of
all
existing
vegetation
by
name
and
size
be
relocated
either
on
or
off
Site
or
to
be
removed
names
location
of
all
proposed
landscape
elements
including
botanical
common
names
quantities
height
spread
spacing
and
Grades
2
paving
materials
all
3
and
planters
benches
such
as
Si
te
furnishings
all
4
and
ng
bed
preparation
staking plan
ti
mulching
fertilizing
5
and
heigh
tssizes
ired
location
fix
ture
if
req
u
lighting
with
system
irriga
tion
existing
and
proposed
cut
sheets
the
existence
of
6
7
No
Certificate
of
Completion
Occupational
License
or
Certificate
of
Occupancy
shall
be
issued
unless
the
Planning
and
Zoning
Department
has
determined
that
the
installed
landscapingsubstantiallymeetstherequirementsaslistedinthelandscapeplan82B
8 6
LANDSCAPE CRITERIA When the Site is located in an area designated for landscape reviewthefollowingregulationsshallbeusedinevaluating
the plans A All districts exceot
I I 1 Surface ground treatment One 1 Canopy tree
or grouping of three 3 palms shall be provided for every
twenty five 25 linear feet of frontage in a Required Yard abutting a
public right of way Where a driveway crosses a landscaped easement and
a curb cut is provided the driveway shall be paved with a
hard surface material such as concrete asphalt or decorative unit pavers andshallhaveaclearlydefined
edge between paving and landscaped easement Any plantings located in the right of
way including but not limited to trees shrubs ground cover and sodshallbemaintainedbytheabuttingPropertyOwnerandapproved
by the Planning and Zoning
Department 2 Hedges or
other living barriers a Required Front Yards Hedges ground cover vines
and sod may be placed in the Required Yards
Hedges or other living barriers not associated with a fence or wall
shall have a maximum height of five 5 feet Hedges or
other living barriers provided in concert with a fence or wall shall not
exceed a height of five 5 feet or the height
of the permitted fence or wall whichever is
greater b Required Interior or Side or Rear
Yards Hedges shall not exceed ten 10 feet in height
c Side or Rear Yards Abutting a Right of Way Hedges or
other living barriers not associated with a fence or wall shall
have a maximum height of five 5 feet Hedges or other
living barriers provided in concert with a fence or wall may reach
a maximum height of five 5 feet
or the height of the
permitted wall or fence whichever is greater B At Grade Parking Lots For
the purpose of this section the term At Grade Parking
Lot shall encompass Commercial Parking Lots and Non commercial Parking Lots as described in
Section 3 2 of the Ordinance and that portion of a LotwhichisunderneaththeBuildingandisAtGradewhichis
utilized for parking Notwithstanding the requirements in this Section in no instance
shall the required landscaped area be less than 20
of the total area except for Temporary Parking Lots which are
subject to Section
76H1Requiredlandscapingadjacenttothepublicrightofwayshallbelandscapedasfollows83
Landscaping
shall
include
one
tree
or
grouping
of
three
3
palms
for
each
thirty
30
linear
feet
or
any
fraction
thereof
Such
trees
shall
be
located
between
the
abutting
right
of
way
and
Parking
Lot
Area
and
shall
be
planted
in
a
planting
area
of
at
least
twenty
five
25
square
feet
with
a
minimum
dimension
of
five
5
feet
In
addition
a
hedge
wall
or
other
landscape
barrier
not
to
exceed
3
feet
at
maturity
and
at
least
two
and
one
half
2
feet
in
height
at
the
time
of
planting
shall
be
placed
only
along
the
right
of
way
If
such
barrier
is
of
nonliving
material
one
shrub
or
vine
shall
be
planted
abutting
the
barrier
for
each
ten
10
linear
feet
Such
shrubs
or
vines
shall
only
be
planted
between
the
property
line
and
barrier
The
remainder
of
the
required
landscaped
areas
shall
be
landscaped
with
grass
ground
cover
or other
landscape
treatment
excluding
paving
a
not
be
Any
plantings
located
in
the
right
of
way
including
but
limited
to
trees
shrubs
ground
cover
and
sod
shall
maintained
by
the
abutting
Property
Owner
b
Necessary
access
ways
from
the
Street
through
all
such
landscaping
shall
be
permitted
to
service
the
Parking
Lot
and
such
access
ways
may
be
subtracted
from
the
linear
dimension
used
to
determine
the
number
of
trees
required
c
lines
The
perimeter
of
parking
areas
abutting
residential
or
commercial
properties
shall
provide
at
a
minimum
a
five
5
feet
landscaped
strip
The
perimeter
of
the
parking
area
shall
also
be
screened
with
a
wall
or
hedge
or
other
durable
landscape
barrier
The
height
of
the
screening
device
shall
not
be
greater
than
three
and
one
half
3
feet
nor
less
than
two
and
one
half
2
feet
at
time
of
planting
All
landscape
areas
along
the
perimeter
of
the
parking
areas
abutting
residential
or
commercial
properties
shall
provide
one
1
tree
or
cluster
of
three
3
palms
for
every
forty
40
linear
feet
of
property
relating
to
an
abutting
property
property
rear
Perimeter
parking
adjacent
to
side
and
2
Landscaping
Parking
areas
shall
provide
a
minimum
of
five
5
percent
of
net
interior
area
as
landscaping
One
1
tree
or
grouping
of
three
3
palms
with
a
clear
trunk
of
at
least
six
6
feet
shall
be
provided
for
each
one
hundred
100
square
feet
or
fraction
thereof
of
required
landscaped
area
Such
landscaped
areas
shall
be
located
and
designed
in
such
a
manner
as
to
divide
and
break
up
the
expanse
of
paving
In
instances
where
the
strict
application
of
this
Subsection
will
seriously
limit
the
function
of
the
parking
area
the
required
landscaping
ma
y
be
loca
ted
near
the
perimeter
of
the
paved
area
Such
required
interior
landscaping
shall
be
in
addition
to
the
perimeter
landscaping
requirements
Landscaped
area
shall
require
protection
from
vehicular
encroach
men
t
Car
stops
shall
be
placed
at
least
three
3
feet
from
the
edge
of
the
paved
area
The
minimum
paved
area
designated
as
the
required
parking
space
shall
be
as
stated
in
Section
7
6ofthisOrdinanceInnoinstanceshallthelandscapedareabeincludedwithintherequiredparkingspacearea84InteriorParkingArea3
4 Notwithstanding the requirements in this Section in no instance
shall the required landscaped area be less than twenty 20 percent of
the total area of the
Parking Lot C Other Vehicular
Use Areas Landscape requirements of vehicular Use areas such as Service
Stations are subject to regulations as stated in
Section 8 6
B D Parking Garages Parking garage requirements for landscaping Use are
subject to regulations as stated in Section
8 6 A of this Ordinance
E Visual Barriers for Swimming Pools Accessory swimming pools when located in
a Required Yard facing a public Street shall be screened from public view by a hedge
wall or fence not less than five 5 feet in height The hedge shall be
planted and maintained so as to form a continuous dense row of greenery
as per the requirements of this Section The maximum height of the
visual barrier shall be pursuant to Section 6 24 F Dumpsters shall not be located
within any Front Yard or required Side or
Rear Yards They shall be
within an enclosed area G Temoorarv Parking Lot Standards Landscape standards
and setback
requirements are
pursuant to Section 7 6 H of this Ordinance H Aooeals
All appeals regarding the interpretation
oftheLandscapeOrdinanceshallbetotheBoardofAdjustment85
SECTION
9
SIGNS
9 1 PURPOSE A The purpose of this Section is to permit Signs that will not
by their size location construction or manner of display endanger the
health safety and general welfare
of the public B To encourage Signs that are architecturally aesthetic and
compatible with the Buildings they
are placed on
9 2 GENERAL SIGN REGULATIONS The following regulations apply to all Signs and areinadditiontotheregulationscon
tained elsewhere in this Ordinance A Permit Reauired Except as provided in this
Section no Sign whether permanent or temporary shall be erected
constructed posted painted altered maintained or relocated until a permit has been issued bytheBuildingOfficialBeforeanypermitisissuedanapplicationprovidedby
the Building Department shall be filed together with such drawings and specifications
as may be necessary to fully advise and acquaint the City
with the location construction materials manner of illuminating and securing or fasteningandnumberofSignsappliedforandthewordingoftheSignoradvertisementtobe
carried on the Sign All Signs which are electrically illuminated by neon or
by any other means shall require a separate electrical permit and
inspection Each Sign requiring a permit shall be clearly marked with the permit number
and name of the Person or firm placing
the Sign on the Premises B Code Reauirements Structural and safety
features and electrical systems shall be in accordance with the requirements of the
South Florida Building Code No Sign shall be approved for Use unless it has been inspected
and found to be in compliance with all the requirements of
this
Ordinance and applicable technical codes C Exemot Signs The following Signs may be
erected or constructed without a permit but in accordance with the structuralandsafetyrequirementsoftheSouthFloridaBuildingCodeandall
other requirements of this Ordinance 1 Official traffic Signs
or Sign Structures or governmental information Signs and provisional warning Signs
or Sign Structures when erected or required to be erected byagovernmental
agency and temporary Signs indicating danger 2 Historical Markers
approved by the Historic Preserva tion Board 3 Signs directing and
guiding traffic and parking on private property but bearing no advertising
matter
and not exceeding two 2 square feet in area 4 Changing
of the copy
onabulletinboardposterboarddisplayencasementormarquee91
course
Erection
of
Signs
in
Soecial
Cases
Pursuant
to
the
procedures
and
standards
set
forth
in
Section
16
the
Board
of
Adjustment
may
grant
a
Variance
permitting
the
erection
and
maintenance
of
a
Sign
which
does
not
conform
to
the
regulations
of
this
Section
However
Variances
shall
only
be
considered
for
non
conformity
as
to
maximum
size
location
or
graphics
and
illustrations
and
where
such
regulations
have
been
established
by
this
Ordinance
In
cases
where
no
applica
ble
specific
regula
tion
has
been
esta
blished
all
Sign
permi
t
applica
tions
shall
be
reviewed
by
the
Design
Review
Board
pursuant
to
the
procedures
set
forth
in
Section
18
the
norma
n
in
use
while
buses
or
other
vehicles
Signs
on
trucks
of
a
business
5
D
Signs
located
on
the
underside
of
A
wnin
or
Canooies
Non
Illuminated
Signs
not
exceeding
three
3
square
feet
in
area
with
letters
not
exceeding
six
6
inches
in
height
hanging
from
the
underside
of
an
Awning
or
Canopy
with
a
minimum
height
clearance
of
seven
feet
six
inches
7
6
or
painted
stamped
perforated
or
stitched
on
the
surface
area
of
an
Awning
Canopy
roller
curtain
or
umbrella
are
permitted
in
Commercial
Districts
and
shall
be
approved
by
the
Planning
and
Zoning
Director
in
accordance
with
the
Design
Review
procedures
E
Window
signs
In
addition
to
other
permitted
signs
one
Sign
is
permitted
on
one
window
or
door
with
copy
limited
to
the
name
of
the
Commercial
Use
and
hours
of
operation
The
size
of
the
letters
for
the
store
name
shall
not
exceed
four
4
inches
in
height
and
the
size
letter
for
the
hours
of
operation
shall
not
exceed
two
2
inches
in
height
F
Si2ns
for
Oceanfront
Buildings
Signs
located
between
the
Erosion
Control
Line
ECL
and
the
main
Structure
shall
be
limited
to
the
following
one
Sign
identifying
the
main
Structure
Sign
area
not
to
exceed
1
of
the
wall
area
facing
the
ECL
with
a
maximum
size
of
75
sq
ft
and
one
Sign
per
Accessory Use
Sign
area
not
to
exceed
20
square
feet
G
uirements
Unless
otherwise
specified
in
these
regulations
all
Signs
shall
comply
with
the
Yard
requirements
of
the
district
in
which
they
are
located
Yard
Re
1
H
ith
No
Sign
portable
or
otherwise
is
to
be
placed
or
located
to
conflict
w
the vision clearance requirements
of
Section
6
25
of
this
Ordinance
2
setback
requirements
the
following
10
feet
7
5
feet 1
0
feet
have
Front
Yard
In
terior
Side
Yard
Side
Yard
facing
a
Street
Detached
Signs
shall
3
stnct
d
ict
Uses
Permitted
Signs
for
a
legal
Nonconforming
Use
in
a
residential
shall
consist
of
those
Signs
permi
tted
in
the
CD
l
Zoning
Distr
Nonconformino
Le
al
1
I
n
this
section
allSignsshallNonConformingStructuresExceptasotherwisespecificallyprovidedbesubjecttotheprayisionsofSection131andUses922
J Removal Reauired
1 All Signs shall be maintained in good condition and appearance
Any persons responsible for the erection or maintenance of a Sign which
fails to comply with this regulation or any other regulation of this
Section shall be subject to enforcement procedures as set forth in Section
21 2
of this Ordinance 2 Any Sign previously associated with a vacated
Premises shall either be removed from the Premises by the owner or lessee
not later than six 6 months from the time such activity ceases to exist
or said Signs shall be altered or resurfaced by the owner or lessee
within the same six month time period so that the Sign nolongerdisplayslettersnumeralssymbolsfiguresdesignsoranyother
devices for visual communication that pertain to the activity formerly
associated with the vacated Premises 3 The Building Official may initiate
proceedings that result in the removal of any Sign
erected or maintained without a permit 4 In any district where a Sign does
not comply with the provisions of this Ordinance and has not receivedaBuildingPermitsuchSignandanysupportingStructuresotherthana
Building shall be removed not la ter than two 2 yearsfromtheEffectiveDateofthisOrdinanceSupportingStructuresfornonconforming
Signs
shall be removed when the Sign is removed 5 A Non conforming Sign
which is damaged by any cause to an extent that the cost of
repairing the Sign equals fifty 50 percent or more of
the original installation cost of the Sign shall be
removed K Enforcement Aooeals Appeals from decisions of administrative officials regarding theapplicationoftheserestrictionsofthisSectiontoparticularSignsshallbeheardbytheBoardofAdjustmentpursuant
to the procedures set forth
in Section 16
of this Ordinance 9 3 SIGNS AND SIGN DEVICES PROHIBITED A General Provisions
1 No Sign shall be constructed erected used opera
ted or main tained so as to display intermittent lights
to move or revolve 2 No Sign shall be constructed erected used operated
or maintained which uses the word Stop or Danger or presents or implies
the need or requirement for stopping or the existence of danger or
which is a copy or imitation of an official Sign This provision regarding
the words Stop and Danger does not apply when the words
are a part of attraction titles for a broadcast motion picture theatre eventoperaorconcertorwhentheyareusedindescriptivelinesofadvertising
so long as they are not used
to stimulate copy or imply any official traffic warning either for
vehicles or for pedestrians 3 No Sign shall be constructed erected used
operatedormaintainedsoastoprovideabackgroundofcoloredlightsblendingwiththetraffic93
when
viewed
from
a
normal
of
twenty
f
i
ve
25
to
signals
to
the
extent
of
confusing
a
motorist
approaching
position
of
a
vehicle
at
a
distance
three
hundred
300
feet
No
Sign
shall
be
attached
or
otherwise
applied
to
trees
utility
poles
bus
benches
trash
receptacles
or
any
other
unapproved
supporting
Structures
4
is
sa
id
vehiCle
illuminated
when
No
Sign
attached
to
a
vehicle
may
be
parked
in
the
public
right
of
way
5
of
spinning
devices
or
stri
have
spinning
devices
devices
No
Sign
shall
other
similar
6
or
securely
affixed
to
the
ground
or
otherwise
affixed
manner
to
an
approved
supporting
Structure
shall
be
ngs
Signs
which are not
in
a
permanent
prohibited
7
Political
Signs
except
political
Signs
on
the
Premises
of
an
authorized
campaign
headquarters
or
political
Signs
as
permitted
window
Signs
in
accordance
with
the
regulations
applicable
to
window
Signs
shall
be
prohibited
This
prohibition
shall
not
apply
to
political
Signs
on
moving
vehicles
during
the
time
between
qualification
and
election
8
Except
as
otherwise
permitted
by
this
Ordinance
no
Sign
indicating
the
presence
of
an
Accessory
Commercial
Use
in
a
Hotel
Apartmen
t
Hotel
or
Apartment
Building
located
in
a
residential
district
shall
be
constructed
erected
used
operated
or
maintained
so
as
to
be
visible
from
a
public
Street
walk
or
other
public
way
9
Pole
Signs
and
Roof
Signs
are
not
permitted
except
for
pole
Signs
which
are
associated
with
Filling
Stations
as
provided
in
Section
9
6
Legal
non
conforming
Pole
signs
may
be
repaired
upon
the
approval
of
the
Planning
and
Zoning
Director
The
cost
of
the
repair
shall
be
less
than
50
of
the
cost
of
the
Sign
at
the
time
it
was
built
No
more
than
one
l
Building
Permit
shall
be
issued
for
the
repair
within
a
three
3
year
period
As
set
forth
in
the
Ci
ty
Code
Roof
Signs
shall
not
be
repaired
regardless
of
the
value
of
the
work
o
a
loca
ted
outside
of
be
not
sha
11
sandwich
Signs
Free
standing
or
Building
11
Pennants
Banners
Streamers
Pennants
banners
streamers
and
all
other
fluttering
spinning
or
similar
type
Signs
and
advertising
devices
are
prohibited
except
for
national
flags
and
flags
of
political
subdivisions
of
the
United
States
and
except
for
flags
of
bona
fide
civic
charitable
fraternal
and
welfare
organizations
and
except
during
nationally
recognized
holiday
periods
B
Public
Prooert
Unless
otherwise
authorized
by
the
City
by
statutes
or
by
County
Ordinance
no
Sign
of
any
character
shall
be
suspended
across
any
public
Street
Alley
or
Waterway
nor
shall
any
Sign
of
any
description
be
painted
on
or
applied
to
any
curb
sidewalk
tree
light
standard
utility
pole
hydrant
bridge
wall
or
any
Structure
other
than
an
Awning
which
is
within
the
property
lines
of
any
Street
Alley
or
Waterway
within
the
Cityexceptonatemporarypermitbasisapprovedbythe94OvernsSiC
Planning and Zoning Director and City Public Works Department Their
decision shall be based upon the length of time requested and the designoftheSignAppealoftheDirectorsdecisionshallbetotheBoardof
Adjustment Approval of Signs under this Subsection shall require a bond
to be posted by the Applicant with the Building Department The amount
of the bond shall be established by the Building Official who shall base
his decision on the cost of removing the Sign
2 No portion of any Sign which extends over a public sidewalk or
Alley shall be less than nine 9 feet above such sidewalk or
fifteen 15 feet above such Alley measured vertically directly beneath the
Sign to Grade 3 No Projecting Sign or detached Sign shall extend
or project over any portion of any Street Alley Waterway or any other
public way or any public property except for Marquee Signs which
shall only be permitted to extend over
the right of way D When a Sign has been erected on public property and
without a Building Permit the Public Works Department shall attempt to notify its
owner by certified mail and shall afford said owner to remove the Sign If
the ownership cannot be ascertained or the owner fails to remove the Sign within
fifteen 15 days of the mailing of said notice requesting removal
then the Public Works Department shall remove and store the Sign and shall notify the
owner if known of said removal by certified mail The owner may recover
the Sign by paying the removal costs within sixty 60 days of the mailing
of the notice of removal If the sign is not recovered by the owner within
sixty 60 days then it shall be considered abandoned property in the hands oftheCityandshall
be disposed of as permitted by law E General Advertising Signs
No General Advertising Sign shall be constructed erected used operated or
maintained in
the City of Miami Beach 9 4 TEMPORARY SIGNS Temporary Signs may be
erected and maintained in accordance with the provisions of
this Section and
Table I contained in Section 9 4 B A General Provisions
1 Permit required No person shall erect construct repair alter or
relocate any Temporary Sign without first obtaining
a permit from the Building Department unless otherwise stated
in these regulations
2 Illumination Temporary Signs shall not be illuminated except for Temporary Construction Signs
3 Copy shall be limited
to the Uses permitted in the zoning district in which the
property is located 4
CopyassociatedwithspecialeventsispermittedwhenapprovedbythePlanningandZoningDirector95
Temporary
Signs
Special
Conditions
Time
Period
irements
for
Sign
AreaRequ
Schedule
of
Ta
ble Number
B
Category
Temporary
business
Signs
shall
be
located
only
upon
the
Lot
in
which
the
special
activity
service
product
or
sale
is
to
occur
Temporary business
Signs
shall
be
erected
and
maintained
for
a
period
not
to
ex
ceed
30
days
Non conforming
business
in
a
residential
district
4
sq
ft Nonresidential
15
sq
ft
Maximum
of
two
permits
for
the
same
Premises
within
one
calendar
year
Business
Signs
identifying
a
particular
activity
service
product
or
sale
of
limited
duration
1
Maximum
height
shall
be
15
feet
A
bond
for
the
removal
of
the
Temporary
Con
struction
Sign
shall
be
posted
The
amount
of
the
bond
shall
be
set
by
the
Building
Official
but
shall
not
be
less
than
200
All
Signs
having
letters
and
numbers
shall
be
reviewed
and
if
appropriate
approved
by
the
Planning
and
Zoning
Director
Those
Signs
having
renderings
decorative
or
artistic
designs
shall
be
reviewed under
the
Design
Review
process
Temporary
Construction
Signs
may
be
erected
and
maintained
for
a
period
beginning
with
the
issuance
of
a
Building
Permit
and
removed
prior
to
the
issuance
of
a
Certificate
of
Occupancy
Single
Family
8
sq
ft
All
other
Districts
1
sq
ft
per
linear
foot
of Street
frontage
However
the
area
contained
in
renderings
decorative
or
artistic
Signs
is
not
included
in
the
Sign
area
calculation
There
shall
be
a
maximum
of
one
Sign
per
Street
frontage
Construction
Signs
located
on
the
construction
Site
identifying
the
parties
involved
in
the
construction
and
financing
Ap
artment
Buildings
may
have
a
Sign
with
the
name
of
the
project
and
unit
types
Com
mercial
Buildings
may
have
copy
indicating
the
name
of
the
project
and
tenants
Artistic
murals
or
ornamental
Signs
are
permitted
Sign
copy
with
prices
is
prohibited
2
Only
permitted
n
Commercial
Districts
A
200
bond shall
be
posted
for
the
removal
of
the
Signs
Temporary
campaign
Signs
may
be
erected
and
maintained
60
days
prior
to
the
date
of
the
election
to
which
such
Signs
are
applicable and shall
be
removed
within
seven
days
following
the
election
Campaign
headquarters
No
Sign
Area
limitationj
other
locations
10
of
the
window
area
9
6
A
candidate
for
public
office
may erect and
maintain
Signs
at
no
morethanfourofhisheadquartersCampaignSignsAnnouncingpoliticalcandidatesseekingpublicoffice3
Category Number Sign Area Time Period Special Conditions
4 Real
Estate Signs
Single Family
Residential Advertising
the sale lease or
rent of the
Premises upon which
such Sign is
located Sign copy
with prices is
prohibited There shall be
a maximum of
one Sign permitted
per property except
for waterfront
property where a second
sign is permitted
facing the water
In addition one
strip sign to be
attached directly
below primary sign
is allowed and
one Open House
type sign is allowed
only while the owner
or agent is on
the premises
Signs may be
double faced provided
all information
is
identical Primary Sign
shall be 14
inches by 18
inches Strip
Sign 2
inches by 18
inchesj Open
House
type Sign 22
inches by 16
inches Each primary
Sign shall
receive a permit
from the Code Enforcement
Division who
shall charge a fee
of 5 00 per
primary Sign No
additi
onal charge
for strip or
open House type
Signs 9 7 Temporary
Real Estate Signs shall be
removed within
seven days of the
sale
or lease of the Premises
upon which the Sign is located
Detached Signs shall have a
setback of 10 feet
if Lot is vacant 3 feet
if Lot has improvements Sign may
be placed on structure
or wall if structure or
wall
is less than
3 feet from property
line Height shall not
exceed five feet Only
the following information and
no other information or
logos may
appear on the Sign 1
For Sale For Lease or
For Rent or combination
thereof 2 The name
of the Real Estate Broker or
Realtor as registered with
the Florida Real Estate Commission
the name of
the owner or
the words By Owner in lettering
no to exceed
one inch in height 3
A designation following such name
as being either a
Realtor Broker or Owner
in
lettering no to
exceed one inch
in height 4
The telephone number of said
Realtor Broker or Owner 5 The
words By Appointment
Only j Waterfront
j Pool Primary
Signs may be only White on
Black or Black on White
Iridescent and Illuminated signs are
prohibited Open
HousetypesignsmaybeRedandWhiteorBlackandwhiteNosignsarepermittedonpublicproperty
Special
Conditions
Time
Period
Sign
Area
Number
Category
Real
Estate
Signs
are
not
permitted
on
windows
of
Apartment
Multi
family
Buildings
or
individual
offices
Detached
Signs
shall
have
a
setback
of
10
feet
if
Lot
is
vacant
3
feet
if
Lot
has
improvements
Sign
may
be
placed
on
structure
or
wall
if
structure
or
wall
is
less
than
3
feet
from
property
line
Height
shall
not
exceed
five
feet
Temporary
Real
Estate
Signs
shall
be
removed
within
seven
days
of
the
sale
or
lease
of
the
Premises
upon
which
the
Sign
is
located
Multi
family
not
to
exceed
2 feet
by
3
feet
Commercial
Industrial
not
to
exceed
3
feet
by
4
feet
Vacant
Land
except
residential
not
to
exceed
4
feet
by
6
feet
There
shall
be
a
maximum
of
one
sign
permitted
per
street
frontage
Only
the
information
permitted
on
Residential
Real
Estate
Signs
plus
the
following
information
may
appear
Each
individual
sign
shall
receive
a
permit
from
the
Code
Enforcement
Division
who
shall
charge a fee of
15
00
per
Sign
Real
Estate Signs
Multi
Family
Commercial
Industrial
Vacant
Land
other
than
residen
tial
Advertising
the
sale
lease
or
rent
of
the
Premises
upon
which
such
Sign
is
located
Sign
copy
with
prices
is
prohibited
5
Zoning
Information
1
and
or
property
2
Size
of
Building
of
Signs
may
only
be
White
and
Black
Iridescent and Illuminated
signs
are
prohibited
No
signs
are
permitted
on
public
property
Use
3
Permitted
Property
Temporary
balloon
Signs
shall
be
erected
anchored
used
operated
or
maintained
only
on
a
temporary
permit
basis
as
approved
under
the
Design
Review
procedures
A
Building
Permit
is
required
The
Planning
and
Zoning
Director
shall
require
a
per
formance
bond
in
the
amount
of
I
000
in
order
to
insure
its
removal
Temporary
balloon
Signs
shall
be
erected
and
main
tained
for
a
period
not
to
exceed
14
days
and
no
more
than
one
time
during
a
calendar
year
on a
Premises
To
be
determined
by
the
Planning
and
Zoning
Director
under
the
Design
Review
procedures
9
8
one
per
Maximum
of
balloonSignStructureBalloonSignsHotorcoldairballoonsorothergasfilledfiguresorsimilartypeSigns6
9 5 SIGN REGULATIONS PER
ZONING DISTRICT A
General Provisions 1 Accessory Signs shall have copy limited to the Uses
permitted in the zoning district in which the property
is loca ted 2 Aggregate Sign Area shall include the
principal and accessory Signs 3 A request to exceed the maximum number
of Signs shall be considered as an amendment to the Ordinance
and processed under the procedures set forth in Section 14
Changes and Amendments All other requests shall be processed as a Variance
as
provided in Section 16 of this Ordinance 4 All Signs shall front on a
Street or waterfront
unless as set forth in paragraph 9 5 A 5 below 5 Signs
fronting on an Alley are prohibited unless the Alley abuts or is adjacent to
a Parking Lot or garage and where the Alley is the only means of entrance
to a business the area of the Sign
shall be the same as if the Sign fronted on
a
Street 6 Logos trademarks insignias and similar emblems shall be considered as Signs 7
Signs located above the ground floor shall be limited to the name
of the Building or the Use that encompasses
the largest amount of Floor Area on the Building and to
permitted Accessory Uses 8 Oceanfront or Bayfront Buildings shall have no more
than one Sign facing the ocean or bay identifying the main permitted Use
The area and location of the Sign shall be approved by the Design
Review Board In addition one flat Sign per 100 feet of
Lot width with copy limited to the advertisement
ofanAccessoryUseispermittedThemaximumheightoftheSignshallnotexceed12inches99
Special
Conditions
Accessory Signs
Schedule
of
Sign
Regulations Use
Signs Detached Pole Pylon
Principal Projecting
Flat
Awning Marquee
Ta
ble
2
Number
B Zoning
District
30
sq
ft
for
a
religious
institution
public
and
semipublic
Uses
clubs
or schools
Not Permitted
Not Permitted
Not Permitted
Residential
Use six
6 inch
letters Not
Permitted
Residential
Use
one Sign per
Street
frontage
that
has RS l
RS 2
RS
3
RS
4
1 copy
limited
to
the
name
of
the
Building
The
height
of
letters
shall
not
exceed
one
foot
on
a
marquee
or
AwningSign
maximum
size
for
schools
is
30
sq
ft
Signs
shall
not have
copy
indicating
prices
One
sign
for
no
more
than
two
Acces
sory Uses
area
of
each
Sign
shall
not
exceed
1
sq
ft
per
linear
foot
of frontage
15
sq
ft
height
not to exceed
4
ft
above
Grade
15
sq
ft
One
per Street frontage
30 sq ft
max
15
sq ft No more than
one
Sign
identifying
the
main
permitted
Uses
for
each
Street
frontage
Unless
otherwise
listed in Section
A
above
all
Signs
mus
front
on
a
Street
RM
l
RM
2
RM
3
R
PS
1
R
PS
2
R
PS
3
R
PS
4
2
Window
Signs
when
sign
is
on
a
Canopy
See
Section
9 2E
Temporary
window
signs
for
a
period
of
time
not
to exceed 10
days
and
with a
maximum
window
coverage
of
15
are
permitted
Pole
Signs
shall
not have copy indicating prices
One
for
each
Accessory
Use
area of each
Sign shall not
exceed
1
sq
ft
per
linear foot of
frontage
Not
permitted
however
existing
pole
Signs
which
re
ceived a Building
Permit shall be
permitted to be
re
tained
with
copy only indicating the name of the main
Use
or the name
of
eating
drinking or enter
tainment
Uses or
greeting messages 15 sq
ft
20
sq ft however
one
Building
identi
fication Sign located
on the
parapet
facing
a
Street
is permitted with
an
Awning
See
Section
9
2
E
Marquee
175
sq
ft only
in
commercial
districts
One
Sign
for
each
principalandAccessoryUsepermittedCDlCD2CD3CPS1CPS2CPS3CPS4113910areanottoexceed1ofthewallareathatfacestheStreet
Principal Use Signs
Zoning Number Awning Flat Projecting Detached Accessory Special Conditions
District Marquee Pole Signs
Pylon
4 MXE Number of No more No more Not Not One half The maximumpermitSignstobethan30than30PermittedPermittedthesizeofted
signage shallbe determined sq ft sq ft the
determined under the under the unless unless principal
Design Review pro Design otherwise otherwise Use SignceduresThedesignReviewdetermineddeterminedRetailandcopyofallsignsproceduresundertheunderthewhen
shall be compatible Design Design permitted with
the architecture of Review Review 10 sq ft
the Building and the procedures procedures
Uses not recommendations and fronting
on design guidelines in a
Street special area studies shall not
Signs shall not have have
ex
copy
indicating prices
terior signs
however
a directory is permitted 5 TH One Sign Not 15 sq
ft Not Not 5 sq ft None RM
PS 1
per Street Permitted
Permitted Permitted
per frontage
Commer indicating
cial Use
the
name of
the project or Sign per Commercia I Use 6 HD
No more 30 sq ft Sign Not
15 sq ft None than
one located on Permitted
height not Sign per the
to exceed 4
Building parapet feet
above
for each
1
of the
GradeStreetwallareafrontageoftheBuildingAllotherSigns50sqft911
Special
Conditions
Accessory Signs
Detached Pole Pylon
Principal
Use
Signs
Projecting
Flat
Awning Marquee
Number
Zoning District
All
signs
in
this
district
shall
be
approved
pursuant
to
the
Design
Review
procedures
and
design
guidelines
in
special
area
studies
See
Special Conditions
See
Special Conditions
See
Special Conditions
See
Special Conditions
See
Special Conditions
See
Special Conditions
MR
7
None
One
Sign
for all Accessory Uses
15 sq
ft
maximum
10
sq
ft
height not to exceed 10 feet
above
Grade minimum
height
of
underside
of
Sign
is 7
Vz feet
Signsetback
3
feet
from sidewalk
5
sq ft 15
sq
ft Not
Permitted One
Sign permitted
per Site
WD1
WD 2
8
Not
Permitted
Not
Permitted
Not
Permitted
30
sq
ft
Not
Permitted
One
GC
9
the
surrounding
districts
as
Shall
follow
the Sign
regulations
as
determined
by
determined
by
the
Planning
and
Zoning
Director
GU
CCC
10
One
flat
Sign
per
100
feet
of
Dune
frontage
The
copy
is
limited
to
the
advertisement of
an
AccessoryUseThemaximumheightoftheSignshallnotexceed6inches912DuneOverlayII
9 6 SIGNS FOR FILLING STATIONS SHOPPING CENTERS AND
ARTISTIC OR
SUPER GRAPHICS A Signs for Filling Stations and any other Use that sells gasoline
shall be subject to
the following Type of Sign Number Sign Area Aggregate Area
SpecialConditionsNone1Flat
wall Signs
or Canopy
Marquee Sign Advertising the
name
of the
establishment 2
Detached Pole
Pylon Signs Advertising the
name of
the
esta blishment
or
prices
3 Service
Bay Identification
Providing direction or
instructions but
containing no
ad
vertising material 4
Service Island
Identification Indicating type
of service offered
prices of
gasoline and
other relevant information
or instructions
but containing no ad
vertising material
Total
of one Sign per
Street
frontage One fixed
Sign per Site
One Sign per
service bay located
on the
Premises One Sign
per
service island
located
on the
Premises
40 sq
ft
maximum 80
sq
ft maximum 20 sq
ft maximum 20 sq ft
maximum Height
shall not exceed 25 feet
to
the top of
the Sign 5 sq ft
maximum 15 sq
ft maximum The information
dis played by a
service bay
identification Sign shall be in
compliance
with Section 9A
7 10 of the
City Code
5 sq ft maximum
10 sq
ft maximum The information
dis played
by a service island identification Sign shall be in compliance with Section
9A 7 10 of the City Code 5 Signs having
copyindicatingthesaleofAlcoholicBeveragesortobaccoproductstheheightofthelettersshallnotexceedtwo2inches913
a
is
Signs
for
shopping
centers
for
purposes
of
this
Section
a
shopping
center
main
permitted
Use
in
a
commercial
district
with
three
3
or
more
individual
stores
shall
be
subject
to
the
following
B
Special Conditions
None
Aggregate
Area
N
A
Sign
Area
10
sq ft
Number
One
per
store
front
Type
of
Sign
Individual
store
Sign
a
Flat
Sign
identifying
the
name
of
the
esta
blishment
1
Pole
Signs
are
pro
hibited
A
detached
horizontal
Pylon
Sign
is
permitted
height
not
to
exceed
five
5
feet
One
5
sq
ft
Directory
Sign
per
20
000
sq
ft
or
fraction
thereof
of
Floor
Area
is
permitted
when
located
on
the
Exterior
wall
of
the
Building
Flat
Sign
notto
exceed
30
sq
ft
N
A
30
sq
ft
One
Sign per
Street
frontage
or
waterfront
Main
Shopping
Center
Sign
Identifying
the
name
of
the
shop
ping
center
and
the
names
of
the
stores
2
Artistic
or
Super
Graphics
that
have
no
commercial
association
are
permitted
and
mayor
may
not
face
a
Street
with
the
approval
of
the
Design
Review
Board
If
they
are
located
in
the
National
Register
District
then
the
Design
Review
Board
shall
include
three
3membersfromtheHistoricPreservationBoardpursuanttoSection19914c
SECTION
10 ADULT CONGREGATE LIVING
FACILITIES
10 1 PURPOSE A The purpose of this Section is to provide Mandatory
Requirements and review criteria to be used in reviewing requests for a Conditional Use
Permit for Adult Congregate
Living Facilities
ACLF 10 2 MANDATORY REOUIREMENTS A Adult Congregate Living Facilities shall be
subject
to the following Mandatory Requirements 1 The total number of ACLF beds in the
City of Miami Beach shall not exceed 2
000 per 100 000 permanent residents or fraction thereof The population as determined
by the U S Census Bureau shall be the official figure
in determining the number of Persons residing in the City 2 Facili ties shall not
be loca ted in any
designa ted Redevelopmen t Area or MXE Mixed Use Entertainment District 3
The design of the
Building shall be reviewed under the Design Review process pursuant to
Section 18 2 4 The entire Building shall conform with the
South Florida Building Code Fire Prevention and Safety Code and with the
Miami Beach Property Maintenance Standards If it is a Historic Structure
it shall also conform with the Secretary of the Interior
s Standards for Rehabilitation and
Guidelines for
Rehabilitating Historic Structures U S Department of the Interior revised 1983 and
as amended 10 3 REVIEW CRITERIA A Adult Congregate Living Facilities
shall be in substantial compliance
with the following review criteria as determined by the Planning
Board and when applicable
by the City Commission 1 Smaller scale 6 16 residents
facilities are
encouraged in order to provide a non institutional environment
2 The City should encourage equal distribution of facilities serving various
income groups 3 Facilities located in newly constructed
Buildings should be encouraged 4 The location of facilities should
be compatible with the City s
ComprehensivePlanandallotheradoptedNeighborhoodPlans5Inordertoencouragegeographicdistributionfacilitiesshouldnotbelocatedwithin1500feetfromanotherfacility101
SECTION
11 GUIDELINES FOR THE
PAINTING OF EXTERIOR SURFACES
OF BUILDINGS AND
STRUCTURES
11 1 PURPOSE A The purpose of this Section is to enhance the tropical
environment of Miami Beach by establishing guidelines for the choice of primary paint
color for the Exterior surfaces of
Buildings and Structures 11
2 APPLICABILITY EXEMPTIONS AND PROHIBITIONS A All public and private Development including
the painting of new Buildings additions or Alterations and the repainting of
existing Buildings shall be subject to these regulations with the exception of
single Family homes and Structures which utilize glass in a manner that substantially
masks
the Exterior of the Building B Reflective glass on the east and west elevations of
a Building shall be reviewed by the Design Review procedures
as set forth in Section 18
11 3 COLOR SELECTION PROCEDURES AND REVIEW CRITERIA
A The Miami Beach Facade Review Color Chart This chart shall be available
in the Building Department and the Planning and Zoning Department An Applicant for
a paint permit shall select a color from the chart and must provide a paint
chip or dry sample sufficient to indicate that the specified paint to be used matches
a color shown on the Miami Beach Facade Review Color Chart or is a color which
is lighter in shade
than any other
color on the Color Chart B Paint Permit 1 A Building shall
not be painted without first receiving a Building paint permit pursuant
to the requirements of the South Florida Building Code 2
Permits for repainting of existing Structures or painting of new Structures shall not
be issued until the Applicant selects a color from the Miami
Beach Facade Review Color Chart and submits the color sample
for review and approval by the Building Department Planning and Zoning
Director or a Board having jurisdiction to apprqve the color selection Upon approval
of the color sample the paint chip or art sample shall be indicated
on the painting permit and on the Building Card The color sample shall
be attached to the painting
permit and retained by the Building Department for future reference 3 If theStructuretobepaintedrequiresaBoardorPlanningandZoning
Director s approval the Applicant may submit an application for a pain ting or Bu ild ing Permi t sim
ul taneously with an a pplica tion for
pa in t approvaL However a Certificate of Occupancy Certificate
ofCompletionorCertificateofUsewhicheverisrequestedearliershall111
Board
havIng
not
be
issued
until
the
Planning
and
Zoning
Director
or
jurisdiction
approves
the
painting
selection
With
the
exception
of
Buildings
that
are
subject
to
the
review
of
a
Board
that
has
jurisdiction
over
the
Exterior
painting
of
a
Structure
the
Planning
and
Zoning
Director
shall
have
the
authority
to
approve
or
deny
the
color
selection
based
upon
the
criteria
as
set
forth
in
Section
11
3
C
below
For
projects
being
reviewed
under
Criteria
2
and
3
in
Section
11
3
C
the
Planning
and
Zoning
Director
shall
consult
with
the
Chairman
of
the
Design
Review
Board
prior
to
the
Director
s
determining
compliance
with
the
intent
of
the
Ordinance
The
criteria
listed
in
Section
11
3
C
shall
be
utilized
for
projects
being
reviewed
by
a
Board
4
is
be
painted
in
a
color
which
Beach
Facade
Review
Chart
a
75
of
the
Exterior
of
a
Building
shall
within
the
range
of
colors
on
the
Miami
ter
Review
Cr
1
C
Miami
Beach
Facade
Review
of
emphasizing
architectural
Colors
which
are
not
represented
on
the
Chart
may
be
utilized
only
for
purposes
elements
of
a
Structure
2
Buildings
which
have
a
particular
architectural
feature
may
have
a
combination
of
colors
making
up
75
of
the
Exterior
however
each
color
shall
be
within
the
range
of
colors
on
the
Miami
Beach
Facade
Review
Chart
3
which
ha
ve
been
approved
Colors
listed
in
neighborhood
studies
or
plans
by
he
City
Commission
4
APPEAL
An
Applicant
may
appeal
a
decision
regarding
these
regulations
to
the
Board
of
Adjustment
The
appeal
shall
be
filed
with
the
Planning
and
Zoning
Director
within
30
days
of
the
date
of
the
decision
The
basis
of
the
appeal
is
whether
the
determining
agency
acted
arbitrarily
or
capriciously
in
reaching
its
decision
Appeal
of
aDesignReviewBoarddecisionshallbemadepursuanttoproceduresassetforthabove2A114
SECTION
12 LIQUOR CONTROL
REGULATIONS 12
1 GENERAL
PROVISIONS A Puroose To achieve the purposes of this Ordinance and of Chapter18IntoxicatingLiquorsoftheMiamiBeachCityCodeandtoprovide
for the general welfare and safety of the public it is necessary that
regulations be established relating to the location size and hours of operation of Uses that
permit the sale and
consumption of
Alcoholic Beverages B Licenses 1 No Vendor shall sell or
distribute any Alcoholic Beverages without securing a license from the Division
of Alcoholic Beverages and Tobacco of the Department of Business Regulations
of the State of Florida 2 Consideration of a request for
a Private Club Occupational License or a Building Permit including the hours
of operation shall be pursuant to the Conditional Use Procedures
and Review Guidelines as
listed in Section 17
3 of these regulations C Hours of Sale The sale of Liquor and all
other Alcoholic
Beverages shall be according to the following schedule 1 Retail stores
for package sales only either as permitted main or Accessory Uses
Vendors having a license from the State Division of Alcoholic Beverages
and Tobacco for the sale of Liquor and other Alcoholic
Beverages for consumption off the Premises shall only offer for sale Alcoholic Beverages
within the hours of 8 00
a m to 10 00 p m on any day oftheweek2RetailstoreseitheraspermittedmainorAccessory
Uses which primarily offer for sale products other than Alcoholic Beverages may
make sales of Beer and Wine in sealed containers for consumption off the Premises between
the hours of 8 00 a m through 2 00
a m on any day of the week 3 Restaurants Bars
Nightclubs either as permitted main or Accessory Uses shall only offer for sale the on
Premise consumption of Alcoholic Beverages within the hours of 8 00 a m
and 5 00 a m on any day of the week Every Vendor
shall close and keep closed the place of business and not
allow any person other than those employed by the Vendor to remain
therein during the hours that sales
are not permitted Off Premises package sales shall be permitted between the hoursof800amand200am
for Bars and Nightclubs 4 Supper Clubs permitted as a main Use
in the CD 3 District
onlymaypermittheconsumptionofAlcoholicBeveragesatallhourshoweverthereshallbenoadmissionofadditionalpatronsbetweenthehoursof600amand800am121
Private
Clubs
either
as
a
permitted
main
or
Accessory
Use
shall
be
considered
pursuant
to
Section
12
1
B
1
Hours
of
operation
and
the
consumption
of
Alcoholic
Beverages
will
be
considered
between
the
hours
of
8
00
a
m
to
5
00
a
m
Monday
through
Sunday
provided
that
service
is
made
only
to
members
and
guests
of
members
pursuant
to
Florida
Statutes
However
any
Private
Club
permitted
to
remain
open
after
2
00
a
m
shall
purchase
an
extra
hours
license
and
must
provide
for
security
in
its
Premises
by
hiring
private
security
guards
or
off
duty
policemen
between
the
hours
of
2
00
a
m
to
5
00
a
m
each
day
Private
Clubs
which
secure
a
license
from
the
Division
of
Alcoholic
Beverages
and
Tobacco
by
complying
with
the
requirements
of
Florida
Statutes
561
20
for
racquetball
tennis
or
golf
course
facilities
may
admit
its
members
at
any
time
for
use
of
such
facilities
but
may
not
serve
Alcoholic
Beverages
after
2
00
a
m
each
day
unless
it
is
the
holder
of
an
extra
hours
license
and
complies
with
the
above
requirements
5
Restrictions
Educational
Facilities
No
Alcoholic
Beverage
shall
be
sold
within
300
feet
of
any
property
used
as
a
public
or
private
school
operated
for
the
instruction
of
minors
in
the
common
branches
of
learning
Except
for
Uses
in
the
Civic
and
Convention
Center
CCC
District
Hospital
HD
District
or
within
300
feet
of
a
Marina
Location
and
Use
D
No
Alcoholic
Beverage
shall
be
sold
except
in
onsumption
on
the
premises
within
300
feet
of
any
a
place
of
worship
Places
of
Worsh
restaurants
for
property
used
as
2
The
minimum
distance
separation
between
retail
stores
which
primarily
sell
Alcoholic
Beverages
for
consumption
off
the
Premises
as
a
main
permitted
Uses
shall
be
300
feet
3
Motion
Picture
Theatre
No
Alcoholic
Beverages
shall
be
sold
in
any
motion
picture
theatre
or
in
any
room
opening
directly
or
indirectly
into
or
in
connection
with
any
motion
picture
theatre
4
in
any
Filling
Sta
tion
Curb
Service
Sales
No
Alcoholic
Beverages
shall
be
sold
or
served
to
Persons
in
a
vehicle
of
any
kind
or
from
an
Exterior
counter
or
any
type
of
walk
up
window
All
sales
are
to
be
from
the
interior
of
the
Structure
be
sold
No
Wine
or
Liquor
shall
Sta
tion
Fillin
5
6
the
Premises
shall
All
sales
of
Alcoholic
Beverages
for
consumption
off
be
in
a
sealed
container
7
on
For
purposes
of
determining
the
minimum
distance
separation
the
requirement
shall
be
measured
by
following
a
straight
line
from
the
main
entrance
or
exit
in
which
the
Use
associated
with
Alcoholic
Beverages
occurs
to
the
nearest
point
of
the
property
used
for
a
public
or
private
school
In
cases
whereaminimumdistanceisrequiredbetweentwoUsesassociatedwiththeAlcoholicBeveragesforconsumptiononoroffthe22stanceSeoaratmumDMinDetermInationof1E
Premises the minimum requirement shall be determined by measuring
a straight line between the principle means of entrance of each Use
2 When a distance separation is required a scaled survey dra wn by
a registered land surveyor shall be submitted attesting to the separation
of the Uses in question This requirement may be waived upon the
written certification by the Planning and Zoning Director that the
minimum distance separation has been
met 12 2 PERMITTED
DISTRICTS AND STANDARDS A Permitted Districts Vendors may be permitted to sell
or distribute Alcoholic Beverages either for consumption on or off the Premises only
in the
following zoning
districts
I 2
3
4
5
6
7
8
9 10
11
12 13
14 15
16 17
18 19
20 RM
2 RM
3 CD
l CD
2 CD 3 CCC
HD 1 1 MR
MXE WD I
WD 2 R
PS2 R PS3
R PS4 C
PSl C
PS2 C
PS3 C
PS4 RM PSI
Multiple Family
Medium Intensity
Multiple Family High
Intensity Commercial Low Intensity
Commercial Medium Intensity
Commercial High Intensity Convention
Center District Hospital District
Industrial Light Marine Recreational
Mixed Use Entertainment Waterway
District Waterway District Residential Medium
Density Residential Medium High Density Residential High Density Commercial Limited Mixed Use
Commercial General Mixed Use Commercial Intensive Mixed Use Commercial Intensive Phased Bayside
Residential Limited MIxed Use Development B Permitted Main and Accessorv Uses Vendors shall bepermittedtosellAlcoholicBeverageswithinthezoningdistrictslisted
in Section 12 2A if
said district permits as
a permitted main Use or Accessory Use one of
the following Restaurant Bar Nightclub Outdoor Cafe Private Club
or golf clubhouse pursuant to the following standards I Permitted Main
Use a Restaurants Nightclubs Bars and Private Clubs shall be permitted
to sell Alcoholic Beverages for consumption on the Premises based upon
the following
when Beer and Wine are served a minimum of thirty 30 seats
shall be provided and when Beer Wine and Liquor are served a
minimum of sixty 60 seats shall be provided b
Outdoor Cafes when visible from or facing a public
Street shall have a minimum
oftwenty20seatsinordertobepermittedtosellAlcoholicBeveragesforconsumptiononthePremisesTheestablishmentofOutdoorCafesunderthissectionshallbepursuanttoSection173ConditionalUses123
Outdoor
Cafes
when
not
visible
from
or
on
a
public
Street
Alley
or
way
shall
have
no
minimum
seating
requirement
and
shall
be
permitted
to
sell
Alcoholic
Beverages
only
for
consumption
on
the
Premises
c
Golf
Clubhouse
When
located
on
a
golf
course
the
sale
of
Alcoholic
Beverages
is
permitted
only
for
consumption
on
the
Premises
d
Nightclub
and
Supperclub
Accessory
Use
Hotel
Apartment
Hotels
or
Apartments
or
any
mixed
Use
having
a
minimum
of
one
hundred
100
Apartment
Units
or
a
minimum
of
one
hundred
100
Hotel
Units
or
which
are
located
in
the
MXE
District
shall
be
permitted
to
have
Accessory
Uses
which
sell
Alcoholic
Beverages
pursuant
to
the
following
minimum
standards
ition
for
See
defin
e
2
Nightclubs
Bars
or
Private
Clubs
which
have
a
minimum
of
forty
40
seats
shall
be
permitted
to
sell
Alcoholic
Beverages
for
consumption
on
or
off
the
Premises
a
Outdoor
Cafes
when
visible
from
a
public
Street
which
have
a
minimum
of
twenty
20
seats
are
permitted
to
sell
Alcoholic
Beverages
for
consumption
only
on
the
Premises
The
establishment
of
the
Outdoor
Cafe
shall
be
pursuant
to
Section
17
3
Conditional
Uses
b
Outdoor
Cafes
when
not
visible
from
a
public
Street
Alley
or
way
shall
have
no
minimum
seating
requirement
and
shall
be
permitted
to
sell
Alcoholic
Beverages
only
for
consumption
on
the
Premises
c
Golf
Clubhouse
When
located
on
a
golf
course
the
sale
of
Alcoholic
Beverages
is
permitted
only
for
consumption
on
the
Premises
d
Nightclub and
Supperclub
See
definition
for
e
EXEMPTION
Notwithstanding
any
other
provision
of
this
Section
the
sale
of
Beer
for
off
Premises
consumption
by
a
Vendor
licensed
for
such
sale
from
that
location
by
the
Division
of
Alcoholic
Beverages
and
Tobacco
of
the
Department
of
Business
Regulations
of
the
State
of
Florida
shall
be
exempt
from
the
regulations
in
Subsections
12
1
and
12
2
of
this
Section
However
the
sale
by
said
Vendor
of
Alcoholic
Beverages
other
than
Beer
and
of
Beer
for
on
Premises
consumption
shall
be
conducted
in
accordance
with
the
provisions
of
Subsections
12
1
and
12
2
of
this
Section
A
2
3
the
n
Nothing
herein
shall
be
construedtorestrictsalesofAlcoholicBeveragesCivicandConventionCenterDistrictorGovernmentUseDistrict24B
SECTION
13 NONCONFORMING STRUCTURES AND
USES 13 1 NONCONFORMING
USE OF LAND A In any district where vacant land is being used as a
Nonconforming Use and such Use is the main Use and not accessory to the main Use
conducted in a Building such Use shall be discontinued not later than two
2 years from the effective date of this Ordinance During the
two 2 year period such Nonconforming Use shall not be extended or enlarged
either on the same or adjoining property Any Building incident and subordinate
to such Use of land shall be removed at the end of the two 2 year period
or if such Building is so constructed as to permit the issuance of a permit
for a Use not excluded from the district such Building may remain
as a conforming Use thereafter both land and Building shall
be used only as conforming Uses B A Use approved as a Conditional Use
pursuant to Section 17 3 of this Ordinance shall be considered a conforming Use as
long as
the condi
tions of the approval are met 13 2 NONCONFORMING SIGNS Nonconforming Signs shall
be removed as provided in Section 36 13 1 of the City Code
and Section 9 2 1 Signs of this Ordinance No permits
for additional Signs shall
be issued for any Premises on which there are any nonconforming Signs 13 3
NONCONFORMING USE OF BUILDINGS A Except as otherwise provided herein the lawful Use
of a Building existing at the effective date of this Ordinance may
be continued although such Use does not conform to the provisions hereof
Whenever a Nonconforming Use has been changed to a conforming Use the former Nonconforming
Use shall not be permitted at a later date A Nonconforming Use shall not be permitted
to change
to any Use other than one permitted in the Zoning District in which theUseislocatedB
A Nonconforming Use of
a Building shall not be permitted to extend throughout other parts of that
Building 13 4 DISCONTINUANCE OF NONCONFORMING USES No Building Structure equipment Fixtures or land or
portion thereof used in whole or in part for a Nonconforming Use whichremainsidleorunusedforacontinuousperiodofsix6monthsorforeighteen
18 months during any three 3 year period whether or not the equipment or
Fixtures are
removedshallagainbeusedexceptinconformitywiththeregulationsofthedistrictinwhichsuchBuildingorlandislocated131
DESTR
UCTION
OR
RENOVATION
OF
NONCONFORMING
BUILDINGS
AND
USES
Except
as
provided
in
paragraph
B
herein
if
a
Non
conforming
Building
or
Usc
is
damaged
by
any
cause
to
the
extent
of
more
than
fifty
50
percent
of
the
Value
Determination
of
a
Building
as
determined
by
the
Building
Official
as
set
forth
in
the
South
Florida
Building
Code
it
shall
not
be
restored
except
in
conformity
with
the
regulations
contained
in
this
Ordinance
and
all
rights
as
a
Nonconforming
Building
or
Use
are
terminatcd
A
3
5
A
Nonconforming
Building
may
be
repaircd
regardless
of
the
time
a
Building
has
been
vacant
or
to
the
extent
it
is
damaged
at
a
cost
exceeding
50
of
the
Value
Determination
of
a
Building
as
determined
by
the
Building
Official
as
set
forth
in
the
South
Florida
Building
Code
if
the
following
conditions
are
met
B
The
Building
is
a
Historic
Building
as
determined
by
the
Planning
and
Zoning
Department
A
Building
Permit
shall
not
bc
issued
un
til
the
Planning
and
Zoning
Department
approves
the
architectural
plans
for
a
Historic
Building
pursuant
to
the
Design
Review
Board
procedures
and
which
shall
also
include
the
Historic
Preservation
Board
procedures
as
set
forth
in
Section
19
3
of
this
Ordinance
1
The
Building
shall
meet
all
requirements
as
amended
in
the
following
South
Florida
Building
Code
State
Fire
Marshal
s
Rules
and
Regulations
Fire
Prevention
and
Safety
Code
and
the
Miami
Beach
Property
Maintenance
Standards
and
shall
comply
substantially
with
the
Secretary
of
Interior
Standards
for
Rehabilitation
and
Guidelines
for
Rehabilitating
Historic
Structures
U
S
Department
of
the
Interior
1983
and
as
amended
2
The
total
number
of
units
shall
not
exceed
those
which
are
listed
on
the
Building
Card
and
each
Hotel
or
Apartment
Unit
shall
meet
the
Floor
Area
requirements
set
forth
in
Section
6
of
this
Ordinance
for
the
applica
ble
zoning
district
3
The
parking
requirements
for
an
Apartment
Building
or
Commercial
Uses
may
be
satisfied
by
the
Use
of
the
Parking
Impact
Fee
Program
as
set
forth
in
Section
7
7
when
applicable
under
the
regulations
of
that
Section
The
required
parking
for
such
Uses
shall
be
determined
by
using
the
Parking
Credit
system
as
set
forth
in
Section
7
8
Parking
credits
are
not
applicable
when
any
Use
is
converted
into
Hotel
Units
4
The
above
provisions
are
not
applicable
in
those
cases
where
multiple
permits
in
one
calendar
year
have
been
issued
for
a
property
where
the
value
of
the
work
exceeds
50
of
the
value
determination
of
the
property
or
for
properties
which
are
located
in
a
Redevelopment
Area
or
in
Structures
which
are
under
a
Demolition
order
from
the
Dade
County
Unsafe
Structures
Board
5
If
a
Building
is
damaged
or
rehabilitated
by
less
than
fifty
50
percent
the
Value
Determination
of
a
Building
as
determined
by
the
Building
Official
as
set
forth
in
the
South Florida
Building Code
it
may
be
repaired
and
used
as
before
the
time
of
damage
provided
that
C
hs
of
2
mon
ifica
tc
thin
twelve
1ofuseCertreconstructionJrecompletedwsuchdamageand1Certificate32Suchrepairsorofthedateof
Completion Certificate of Occupancy or Occupational License has been
issued by the City
2 Such repairs or reconstruction in the damaged portion of the
Building shall meet the requirements of the Miami Beach Property
Maintenance Standards the South Florida Building Code Fire Prevention and
Safety Code and if a Historic Structure shall comply substantially with
the Secretary of Interior Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures U S Department of the
Interior 1983 and as
amended and 3 Damaged and subsequently repaired units shall meet
the Floor Area requirements as set forth for the district in which the
Property is located D If a Nonconforming Building has been cited by the
Dade County Unsafe Structures Board the owners shall bring the Structure
into conformity with applicable codes within the time period specified by said
Board With regard to multiple Family residential Buildings all of the units shall
meet the Floor Area requirements as set forth in Section 6 of this
Ordinance for the applicable Zoning District If the Building is not brought into
compliance within said time period the Building shall not again be used except in
compliance with all the
regulations of this Ordinance E Nonconforming Buildings and Uses in the
Performance Standard PS Districts shall conform to Section 20 3 C of this
Ordinance in addition to
the regulations con tained
in Section 13 13 6 INTERMITTENT OR ILLEGAL USES The casual intermittent temporary or
illegal Use of land or Buildings shall not be sufficient to establish the
existence of a Nonconforming Use and the existence of Nonconforming Use on a part of a Lot
or tract shall not be sufficient to establish
a Nonconforming Use on the entire Lot
or tract 13 7 EXISTENCE OF A NONCONFORMING BUILDING OR USE A The Planning and
Zoning Director shall make a determina tion as to the existence of a Nonconforming Use
or Building and in so doing may make use of affidavits and investigation in
addition to the data presented on the City s Building
Card Occupational License or any other official record of the City B The question as
to whether a Nonconforming Use or Building exists shall be a question of fact
and in case of doubt or challenge raised to the determination made by
the Planning and Zoning Director the question shall be decided by appeal to
the Board of Adjustment after public notice and hearing and in accordance
with the procedures set forth in Section 16 of this Ordinance In making
the determina tion the Board may require certain Improvemen ts tha tare necessary
to insure that the Nonconforming
UseorBuildingwillnothaveanegativeimpactontheneighborhood133
BUILDING
NONCONFORMING
IN
HEIGHT
DENSITY
PARKING
FLOOR
AREA
RA
TIO
OR
BULK
3
8
A
Nonconforming
Building
shall
not
be
altered
or
extended
unless
such
Alteration
or
extension
decreases
the
degree
of
Nonconformity
but
in
no
instance
shall
the
Floor
Area
requirements
of
any
unit
which
is
being
altered
or
extended
be
less
than
the
required
Floor
Area
set
forth
in
Section
6
of
this
Ordinance
for
the
applicable Zoning
District
A
PROCEDURE
FOR
RETENTION
OF
ILLEGALLY
SUBDIVIDED
UNITS
NDERSIZED
UNITS
OR
ILLEGALLY
INSTALLED
KITCHENS
3
9
The
following
procedure
is
only
applicable
to
zoning
violation
notices
for
Buildings
or
Structures
which
contain
units
which
are
illegally
subdivided
units
which
have
illegally
installed
kitchens
and
existing
units
which
are
below
the
minimum
size
established
by
the
City
Units
shall
be
defined
as
Apartment
Units
Hotel
Units
and
Adult
Congregate
Living
Facility
Units
Ootions
Upon
receiving
a
zoning
violation
notice
relating
to
units
which
are
illegally
subdivided
units
which
have
illegally
installed
kitchens
and
units
which
are
below
the
minimum
size
established
by
the
City
the
property
owner
shall
appear
before
the
Code
Enforcement
Board
at
its
next
regularly
scheduled
hearing
and
state
which
of
the
fOllowing
actions
the
owner
will
take
If
the
owner
fails
to
appear
before
the
Code
Enforcement
Board
at
its
next
regularly
scheduled
hearing
prosecution
of
the
violations
shall
start
immediately
An
owner
may
wish
to
voluntarily
conform
with
this
Section
by
complying
with
the
below procedures
A
ma
y
either
Come
into
compliance
with
the
parking
density
and
Floor
Area
regulations
of
the
Zoning
Ordinance
with
regard
to
these
units
and
obtain
a
new
Certificate
of
Occupancy
or
Certificateof
Completion
whichever
is
appropri
te
within
six
6
months
from
the
date
the
zoning
violation
notice
was
received
or
The
owner
1
record
floor
plan
on
Conform
to
the
Building
or
Structure
s
approved
with
the
City
s Building
Department
or
2
n
is
Unit
which
and
ly
non
conforming
by
paying
100
plus
a
processing
fee
of
25
00
per
violation
to
the
Planning
and
Zoning
Department
ega
as
these
units
Esta
blish
a
3
by
bringing
the
Building
into
compliance
with
the
following
codes
and
requirements
within
six
6
months
of
the
date
the
zoning
violation
notice
was
received
b
Owner
must
show
affirmative
proof
that
the
Building
was
purchased
prior
to
September
30
1987
1
891
as
amended
and
Floor
A
rlCityoffiamiBeachZoningOrdinancewiththexceptionofparkingdensicy342
regulations owner must comply with all other Zoning
Ordinance regulations
If the Building is a Historic Structure as defined by the
City of Miami Beach Zoning Ordinance 89
2665 as amended Exterior improvements paint
windows doors architectural detailing shall substantially meet
the design criteria as listed in the Secretary of Interior
s Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures U S Department of
the Interior Revised 1983 and as amended
Compliance with this requirement is to be determined by
the Planning
and Zoning Department 3
South Florida Building Code 4
Fire Prevention and Safety Code 5 Code of the City of
Miami Beach Ch 17 A Rental
Housing and Ch 17B Property Maintenance Standards 6 Owner
must have paid and met all
requirements with regard to permit and license fees 7 Owner
must have
no outstanding City liens on the property in question If the property owner does
not comply with all of the above within six 6 months of
the date the zoning violation notice was received the owner shall
be prosecuted
before the Code Enforcement
Board for the existing viola tions B City Administration Procedures The CodeEnforcementDivisionshallprovideamonthlylistingofallpropertiescitedwith
the zoning violations in question to the affected departments Each of the affected department
heads shall send a written report to the Planning and Zoning Director regarding
the status of the Building The report shall be sent to
the Planning and Zoning Department upon compliance with the applicable code or requirement
or six 6 months from the
date of the zoning violation notice in question whichever occurs first
The departments
required to send
a written report
are as follows 1
Fire Department 2 Code Enforcement Division
3 Building Departmen t 4 Planning and Zoning Department 5 Finance
Department Revenue Division Lien Section Upon receipt by the Planning and Zoning
Department from all affected departments that there are no existing violations
on the subject property the Planning and Zoning Department will notify the Building Official
to correct
theBuildingCardsothattheillegallynonconformingunitswillnowbelegallynonconforming135
Boa
rd under
rocedure
Buildings
which
are
subject
to
Dade
County
Unsafe
Structures
Orders
are
not
eligible
to
retain
illegally
non
conforming
units
option
3
this
to
use
ible
which
are
not
eli
tures
ru
I
C
to
be
retained
are
not
eligible
per
unit
Units
with
less
than
200
sq
ft
under
option
3
2
If
compliance
with
this
procedure
would
require
the
owner
to
make
Improvements
totalling
50
or
more
of
the
Value
Determination
of
the
Property
if
located
north
of
6th
Street
or
50
or
more
of
the
Dade
County
tax
assessed
value
for
properties
in
the
Redevelopment
Area
the
owner
will
not
be
permitted
to
retain
the
illegally
non
conforming
units
pursuan
t
to
option
3
3
lacement
If
a
Building
comes
into
compliance
pursuant
to
option
3
and
subsequently
the
owner
makes
renovations
totalling
50
or
more
of
the
Value
Determination
of
the
Property
if
located
north
of
6th
Street
or
50
or
more
of
the
Dade
County
tax
assessed
value
for
properties
in
the
Redevelopment
Area
the
owner
must
bring
the
Building
into
compliance
with
the
density
parking
and
Floor
Area
regulations
of
the
City
of
Miami
Beach
Zoning
Ordinance
and
will
not
be
able
to
retain
the
legally
non
conforming
units
36reaterthan50ofvalueofstructureorreuenLrenovationsD
SECTION
14 CHANGES AND
AMENDMENTS The City Commission may from time to time amend the Zoning Ordinance orchangetheZoningDistrictboundariesAllamendmentsshallbeconsistentandcompatiblewiththeComprehensivePlanandshallbeenactedinaccordancewiththefollowing
provisions 14 1 PETITION FOR
CHANGES AND AMENDMENTS A An application for a change in a zoning district boundaryasubstantialchangeinpermittedUsesinazoningdistrictorachangeintheFutureLandUseMapoftheComprehensivePlanmaybesubmittedtothePlanningandZoningDirectorbytheCityManageroruponanadoptedmotionoftheCityCommissionPlanningBoardBoardofAdjustment
or Historic Preservation Board with regard to the designation of Historic Districts Sites
or matters that directly pertain to historic preservation or by owners of a
majority of Lot Frontage in the area which is the subject of the proposed
change provided that the area shall contain not less than four hundred 400 feet
of Lot Frontage on one 1 public Street or a parcel of notless
than eighty thousand 80 000 square feet B A request to amend the
Zoning Ordinance or Comprehensive Plan which does not affect zoning district
boundaries or substantially change permitted Uses in zoning districts may be submitted
by those eligible to submit an application pursuant to paragraph A above or by
any Person who owns property that is affected by
the zoning regulations he wishes to amend C The Applicant or his representativeshallfileanapplicationwiththePlanningandZoningDepartmentinaccordance
with a form approved by the City Attorney and shall supply
all information pertinent to the proposed amendment as
requested by the Planning and Zoning Department D Any Applicant requesting a public
hearing on any application for an amendment to this Ordinance shall pay
upon submission the
applicable fees as
follows 1 Amendment
pursuant to paragraph
A above 2 Amendment pursuant to
paragraph B above 14 1 Change of
zoning or change
on the Future Land Use Map
of the Comprehensive
Plan 0 05 per square
foot of Lot Area plus 0
50 per mailing address Proposals
that involve a change of zoning or
Future Land Use Map
changes shall pay 0
05 per sq ft of
Lot Area for
each request Substantial changes in
Permitted Uses 500
per
sectionoftheZoningOrdinanceorComprehensivePlan500persectionoftheZoningOrdinanceorComprehensivePlan
The
above
fees
are
for
the
purpose
of
defraying
expenses
of
public
notices
including
but
not
limited
to
postage
and
other
administrative
costs
associated
with
processing
and
analyzing
the
request
No
application
shall
be
considered
complete
until
all
requested
information
has
been
supplied
and
all
applicable
fees
have
been
paid
Upon
receipt
of
a
completed
application
the
Planning
and
Zoning
Director
shall
transmit
the
application
along
with
his
analysis
and
recommendations
regarding
the
proposed
amendment
to
the
Planning
Board
for
review
however
any
hearing
on
the
proposed
amendment
shall
be
set
for
at
least
thirty
30
days
following
receipt
of
a
completed
application
by
the
Planning
and
Zoning
Department
E
BOARD
Before
the
City
Commission
takes
any
action
on
a
proposed
amendment
to
the
regulations
of
this
Ordinance
or
to
the
established
zoning
district
boundaries
the
Planning
Board
shall
review
the
request
and
provide
the
City
Commission
with
a
recommendation
as
to
whether
the
proposed
amendment
should
be
approved
or
denied
In
reviewing
the
application
the
Planning
Board
may
propose
an
alternative
ordinance
on
the
same
subject
for
consideration
by
the
City
Commission
The
following
procedures
shall
apply
to
the
Board
s
consideration
of
the
request
REVIEW
BY
PLANNIN
14
2
Within
sixty
60
days
of
receiving
an
application
the
Board
shall
hold
a
public
hearing
Within
thirty
30
days
from
the
close
of
the
public
hearing
the
Board
shall
submit
its
report
and
recommendations
on
the
proposal
to
the
City
Commission
A
When
an
application
requests
a
change
in
zoning
district
boundary
or
a
substantial
change
in
permitted
Uses
in
a
Zoning
district
notice
of
public
hearings
before
the
Planning
Board
shall
be
the
same
as
the
notice
required
for
a
hearing
before
the
City
Commission
as
set
forth
in
Section
14
3
A
B
When
an
Applicant
requests
an
amendment
other
than
a
change
in
zoning
district
boundary
or
change
in
permitted
Uses
in
a
zoning
district
then
notice
of
public
hearings
before
the
Planning
Board
shall
be
the
same
as
the
notice
required
for
a
hearing
before
the
City
Commission
as
set
forth
in
Section
14
3
B
C
The
advertisement
shall
also
contain
a
geographic
location
map
which
clearly
indicates
the
area
covered
by
the
proposed
ordinance
The
map
shall
include
major
street
names
as
a
means
of
identification
of
the
area
of
The
Planning
Board
may
swear
witnesses
on
their
own
volition
or
on
request
any
party
to
a
hearing
and
may
compel
appearance
of
witnesses
D
Any
Person
appearing
before
the
Planning
Board
or
the
City
Commission
at
a
public
hearing
in
regard
to
an
application
for
a
change
of
a
zoning
district
boundary
or
other
amendment
to
this
Ordinance
shall
be
administered
the
following
oath
by
any
Person
duly
authorized
under
the
laws
of
Florida
to
administer
oaths
I
do
hereby
swear
under
oath
that
any
and
all
testimony
to
be
given
by
me
in
this
proceeding
is
the
truth
the
whole
truth
andnothingbutthetruthsohelpmeGod421
2 Any Person giving false testimony before the Planning Board or
City Commission at a public hearing in regard to an application for a
change of zoning or other amendments to this Ordinance shall be subject to
the maximum penalty provided by
law E In reviewing a request for an amendment to this Ordinance the Board
shall consider the following when
applicable 1 Whether the proposed change is consistent and compatible
with the Comprehensive Plan and any applicable neighborhood
or
Redevelopment Plans 2 Whether the proposed change would create an
isolated district unrelated to adjacent
or nearby districts 3 Whether the change suggested is out of scale with
the needs of the
neighborhood or the City 4 Whether the proposed change would tax the
existing load on
pu blic facilities and infrastructure S Whether existing district boundaries are
illogically drawn in relation to existing conditions on
the property proposed for change 6 Whether changed or changing
conditions make the
passage of the proposed change necessary 7 Whether the
proposed change will
adversely influence living conditions in the neighborhood 8 Whether the
proposed change will create or excessively
increase traffic congestion or otherwise affect public safety 9 Whether the
proposed change will
seriously reduce light and air to adjacen t areas 10
Whether the proposed change
will adversely affect property values in the adjacen t area 11 Whether
the proposed change will be a deterrent to
the
Improvement or Development of adjacent property in accordance with existing regulations
12 Whether there are substantial
reasons why the property cannot be used in accordance with existing zoning 13 Whether
it is impossible to find other adequate Sites in
the City for the proposed Use in a district already permitting such Use F
An application for a change of zoning or amendment to the Zoning Ordinance may be
withdrawn by a request from the Applicant at any time before a
decision of the Planning Board If the application is withdrawn after advertisement for a
public hearing or posting of the property the same or a substantially similar
petition covering the same property shall not be resubmitted for at least one 1
year after the date established for the prior hearing
Filingfeesshallnotberefundedoncethepublichearinghasbeenadvertised143
ION
Within
sixty
60
days
of
transmission
of
the
recommendation
of
the
Planning
Board
to
the
City
Commission
the
Commission
shall
set
a
date
for
a
public
hearing
regarding
the
proposed
amendment
and
shall
consider
the
amendment
as
provided
herein
14
3
Amendments
which
propose
a
change
in
zoning
district
boundaries
of
private
parcels
of
real
property
or
which
substantially
change
permitted
Uses
in
zoning
districts
A
In
cases
in
which
the
proposed
amendment
involves
less
than
five
5
percent
of
the
total
land
area
of
the
City
the
City
Commission
shall
direct
the
Clerk
of
the
City
of
Miami
Beach
to
notify
by
mail
each
real
Property
Owner
whose
land
the
City
will
rezone
or
whose
land
will
be
affected
by
the
change
in
permitted
Uses
by
enactment
of
the
ordinance
and
whose
address
is
known
by
reference
to
the
latest
ad
valorem
tax
records
Provided
further
notice
shall
be
given
by
mail
to
the
owners
of
record
of
land
lying
within
375
feet
of
the
land
the
boundaries
or
permitted
Uses
of
which
are
proposed
to
be
changed
The
notice
shall
state
the
substance
of
the
proposed
ordinance
as
it
affects
that
Property
Owner
and
shall
set
a
time
and
place
for
one
or
more
public
hearings
on
such
ordinance
Such
notice
shall
be
given
at
least
thirty
30
days
prior
to
the
date
set
for
the
public
hearing
and
a
copy
of
such
notice
shall
be
kept
available
for
public
inspection
during
the
regular
business
hours
of
the
office
of
the
City
Clerk
The
City
Commission
shall
hold
two
public
hearings
on
the
proposed
ordinance
and
may
upon
the
conclusion
of
the
second
hearing
vote
to
pass
the
proposed
ordinance
pursuant
to
Section
9
of
the
City
Charter
At
the
close
of
the
reading
the
City
Commission
may
adopt
the
ordinance
I
In
cases
in
which
the
proposed
ordinance
deals
with
more
than
five
5
percent
of
the
total
land
area
of
the
City
the
City
Commission
shall
provide
for
public
notice
and
hearings
as
follows
2
The
City
Commission
shall
hold
two
2
advertised
public
hearings
on
the
proposed
ordinance
Both
hearings
shall
be
held
on
a
weekday
and
the
first
shall
be
held
approximately
seven
7
days
after
the
day
that
the
first
advertisement
is
published
The
second
hearing
shall
be
held
approximately
two
2
weeks
after
the
first
hearing
and
shall
be
advertised
approximately
five
5
days
prior
to
the
public
hearing
The
day
time
and
place
at
which
the
second
public
hearing
will
be
held
shall
be
announced
at
the
first
pu
blic
hearing
a
The
required
advertisements
shall
be
no
less
than
one
quarter
page
in
a
standard
size
or
a
tabloid
size
newspaper
and
the
headline
in
the
advertisement
shall
be
in
a
type
no
smaller
than
eighteen
18
point
The
advertisement
shall
not
be
placed
in
that
portion
of
the
newspaper
where
legal
notices
and
classified
advertisements
appear
The
advertisement
shall
be
published
in
a
newspaper
of
general
paid
circulation
in
the
City
of
Miami
Beach
and
of
general
interest
and
readership
in
the
community
not
one
of
limited
subject
matter
Whenever
possible
the
advertisement
shall
appearinanewspaperthatispublishedatleastfive5daysaweek144b
unless the only newspaper in the community is published less than
five 5 days a
week The advertisement shall be in the following
form NOTICE OF ZONING
CHANGE The proposes to rezone the
land within the area shown in the map in this
advertisement A
public
on hearing
on
at the rezoning will be
held The advertisement shall also contain a geographic location map
which clearly indicates the area covered by the proposed ordinance The
map shall include major Street names as a means of identification of the
area In lieu of or in addition to publishing the advertisement set forth
in paragraph b above the City may mail a notice to each Person
owning real property within 375 feet of the area covered by the
ordinance and to Persons owning real property within the area that is the subject
of the request Such notice shall clearly explain the proposed
ordinance and shall notify the Person of the name place and location of
both public hearings on the
proposed ordinance B When a request to amend the Zoning Ordinance does not involve a
change in zoning district boundaries of private parcels of real property or
change in permitted Uses within a zoning district then the following
procedures
shall apply 1 Notice of public hearing before the City Commission shall
be given by publishing the time place and nature of the hearing
at least fifteen 15 days before the hearing in at least
one 1 newspaper of
general circulation in the City 2 The City Commission shall hold
a public hearing on the proposed amendment and may upon the conclusion of
the
hearing vote to pass the ordinance 3 Upon passage of the ordinance a
second reading shall be set pursuant to Section 9 of the City Charter At
the close of the second
reading the City Commission may adopt the ordinance C An affirmative vote of 5 7ths
of all members of the City Commission shall be necessary
in order to enact any amendment to this Ordinance D Any application for Amendment
to the Ordinance or Change of Zoning may be withdrawn by a request in
writing by the Applicant at any time before a decision of the
City Commission but if withdrawn after advertisement for a public hearing or after
posting of the property the same amendment shall not be resubmitted except by an official
of the City of Miami Beach or a member of the City Commission
sooner than one 1 year after the date established for the prior
hearingFilingfeesshallnotberefundeduponanywithdrawal145
14
4
RE
IDERA
TION
OF
DISTRICT
BOUNDARY
CHANGES
When
a
proposed
change
in
district
boundaries
has
been
acted
upon
by
the
City
Commission
and
disapproved
or
failed
of
passage
such
proposed
change
in
the
same
or
substantially
similar
form
shall
not
be
reconsidered
by
the
City
Commission
for
a
period
of
at
least
one
1
year
following
the
date
of
such
action
4
5
AMENDMENT
OF
COMPREHENSIVE
PLAN
Amendments
to
the
Comprehensive
Plan
shall
follow
the
procedures
set
forth
in
Chapter
163
of
the
Florida
Statutes
1987
and
amendments
thereto
4
6
PERIODIC
REVIEW
It
shall
be
the
duty
of
the
Planning
Board
and
the
Board
of
Adjustment
in
cooperation
with
the
Planning
and
Zoning
Director
and
the
City
Attorney
to
continuously
review
the
provisions
and
the
regulations
in
this
Ordinance
including
the
District
Maps
and
the
Comprehensive
Plan
and
from
time
to
time
to
offer
recommendations
to
the
City
Commission
as
to
the
sufficiency
thereofinaccomplishingtheDevelopmentplansoftheCity146
SECTION
15 DUNE OVERLAY
REGULATIONS
15 1 LOCATION These regulations shall apply to all Uses and Structures located west
of the Erosion Control Line east to the edge of the pool deck if one is present or the
old Miami
Beach
Bulkhead Line 15 2 PURPOSE These regulations are designed to accommodate
and promote recreational Open Space and related Uses Detailed review of all Uses and
Structures are required because this area functions as a transitional zone between the
intensely developed uplands and the Dune and beach It accommodates Uses and
Structures which are compatible and supportive of the Beachfront Park System
and the natural
beach environment 15 3 COMPLIANCE WITH REGULATIONS A As specified in
Section 18 Design Review Regulations applications for a Building Permit shall be
reviewed and approved by the Design Review Board B All Structures shall comply
with all other local state and federal regulations governing such Uses
including but not limited to Chapter 161 Florida
Statutes and Chapter 16B 33 Florida Administrative Code Notwithstanding these requirements the
Applicant may receive a City of Miami Beach Building Permit or
Occupational License prior to
receiving approvals pursuant to
the above referenced sta tu tes 15 4 USES AND STRUCTURES PERMITTED Uses
and Structures permitted under this Section shall be designed to accommodate and channel
pedestrian movement in such a manner as to protect and enhance vegetation and the beach No land or
Structure shall be used in whole or
in part except for one or more of the following permitted Uses A Shade Structures
and chickees shall be open on all sides and with the exception
of supporting columns and shall have an unobstructed clear space between the edge of
the roof covering and finished floor of not more than eight 8 feet B
Decks and patios constructed of wood materials with or without built in tables
chairs lighting and benches All Structures shall
be located a minimum of ten 10 feet west of the Erosion Control Line
C Drainage Structures as per the requirements of th
e Public Works Department and applicable regulations of the County State and
Federal agencies D Promenade Linkage shall be constructed of wood materials
and shall conform to the design specifications established in the Beachfront
Park and Promenade Plan Sites having less than three hundred 300 linear
feetofoceanfrontfrontageshallbelimitedtoone1DunecrossingandorPromenadeLinkage151
Sites
having
more
than
three
hundred
300
linear
feet
of
oceanfront
frontage
shall
be
permitted
one
1
crossing
or
linkage
per
each
additional
one
hundred
l00
linear
feet
of
frontage
or
part
thereof
In
no
instance
however
shall
the
total
aggregate
number
of
crossings
and
linkages
exceed
four
4
per
Site
In
no
Portable
beach
furniture
such
as
chaise
lounges
chairs
and
umbrellas
instance
shall
said
furniture
be
stored
east
of
the
Bulkhead
Line
E
more
than
Walkways
and
ramps
constructed
of
wood
materials
and
which
are
not
six
6
feet
in
width
F
of
specifications
the
Landscaping
conforming
Promenade
Plan
G
Park
and
No
Commercial
Uses
shall
be
permitted
except
for
Beachfront
Cafes
Outdoor
Cafes
and
concessions
that
are
associated
with
the
rental
of
beach
or
water
related
products
All
food
shall
be
prepared
off
the
Premises
in
the
upland
Structures
and
brought
to
the
Outdoor
Cafe
or
Beachfront
Cafe
However
drinks
may
be
prepared
in
the
Outdoor
Cafe
or
Beachfront
Cafe
When
food
is
cooked
or
reheated
on
the
Premises
or
the
cafe
is
not
associated
with
an
upland
Restaurant
it
shall
beconsidered
a
Conditional
Use Beachfront
the
to
H
DEVELOPMENT
REGULATIONS
Minimum
Ooen
Soace
Reauirements
At
least
eighty
80
percent
of
the
Site
shall
remain
open
to
the
sky
landscaped
or
maintained
as
sand
beach
All
areas
covered
by
the
Uses
permitted
above
other
than
portable
beach
furniture
shall
be
considered
in
the
Lot
Coverage
calculation
A
15
5
ize
and
Soacing
of
Chickees
Shade
Structures
and
Outdoor
Cafes
As
the
Dune
Overlay
regulations
are
intended
to
provide
a
natural
beach
environment
it
is
recommended
that
individual
Structures
decks
be
less
than
400
square
feet
in
Floor
Area
and
that
Structures
be
separated
by
a
distance
of
10
to
25
feet
and
that
this
area
be
landscaped
Nothing
in
this
Section
shall
be
considered
to
allow
Development
exceeding
the
maximum
stated
in
Section
15
5
A
above
B
Minimum
Lot
Area
All
applications
for
a
Building
Permit
shall
provide
a
landscape
and
Development
plan
for
all
of
the
area
within
the
property
lines
For
purposes
of
this
Section
the
Site
shall
constitute
all
of
the
area
within
the
Lot
Lines
C
Minimum
Yards
D
park
ipal
ic
line
adjacent
to
any
Bulkhead
Line
side
property
feet
Fifteen
15
feet
adjacent
to
any
Street
end
or
right
of
way
0
Zero
1
2
mun
Ten
10
feet
from
the
Erosion
Control
Line
when
any
Structure
has
a
finished
floor
elevation
of
three
3
feet
or
less
than
the
elevation
of
the
top
of
the
Dune
For
every
additional
one
1
foot
increase
in
the
finished
floorelevationoftheStructureanadditionalone1footofsetbackisrequiredtoamaximumof15feet1523
E Finished Floor Elevation Shall have a maximum height of two and one half
2 1 2 feet above the dune Notwithstanding the above
limit the Planning Department shall determine the maximum permitted
elevation for Structures based upon existing Site conditions the proposed construction
the Dune and relationship
between all Structures F Maximum Building Height One I Story or twelve
12 feet whichever is greater Notwithstanding the above limit
the Planning Department shall determine the maximum permitted elevation for
Structures based upon existing Site conditions the proposed construction the
Dune and
relationship between all Structures
G Maximum Densitv Zero 0 H There shall be no parking requirement for
UsesallowedunderthisSection153
SECTION
16 BOARD OF
ADJUSTMENT
16 1 MEMBERSHIP The Board shall be comprised of five 5 voting members
and two 2 ex officio members The two 2 ex officio members
shall not have voting privileges and their presence shall not be counted for the
determination of a quorum The ex officio members are the Planning
and
Zoning Director and Public Services Director The remaining five
5 members shall consist of the following One 1 member shall be
appointed from each of the following professions or
callings Law Architecture Engineering Real Estate Development Certified Public
Accounting Financial Consultation and General Business The members representing
the professions of Law Architecture Engineering and Public Accounting shall be duly
licensed by the State of Florida the member representing General Business
shall be of responsible standing in the community Members shall be appointed for a
term of one 1 year by a five sevenths 5 7 vote of the
City Commission Members of the Board must be either residents
of or have
their principal place of business in Miami Beach 16 2 CONFLICT OF INTEREST
Members of the Board shall abide by the applicable
provisions of Florida Statute Chapter 112 1987 as amended the Metropolitan Dade
County Fla Code Chapter 2 1987 and Code of the City of Miami Beach Chapter
2
Article III I
964 and shall be subject to removal from office for the violation of
the terms thereof 16 3 NOTIFICATION OF HEARINGS The Board shall not
vary or modify any regulation or prOVISIon of this Ordinance or hear an AppealofanAdministrativeDecisionuntilapublichearinghasbeenheldNoticeofthepublichearingshallappearinanewspaperofgeneralpaidcirculationatleastfifteen15
days prior to the public hearing date and be given by mail to theownersofrecordoflandlyingwithin375feetoftheApplicants
property The notice shall indicate the date time and place of the hearing and
a general description of the proposed construction and how it
varies from the Ordinance Where the
application is for
an appeal of an administrative decision the preceding information shall be supplemented by an explanation
of what is being appealed 16 4 MEETINGS AND RECORDS Meetings of the Board of
Adjustment shall be held at least once monthly or at such other times
as the Board may determine or upon call
ofthechairmanTheBoardshalladoptitsownrulesorproceduresandkeepminutesofitsproceedingsshowingitsactiononeachquestionconsidered161
DETERMINATION
OF
JURISDICTION
All
Variance
requests
shall
be
submitted
to
the
City
Attorney
for
a
determination
of
whether
the
requested
Variance
is
properly
before
the
Board
and
whether
it
constitutes
a
change
or
amendment
to
the
Zoning
Ordinance
The
jurisdiction
of
the
Board
of
Adjustment
shall
not
attach
unless
and
until
the
Board
has
before
it
a
written
opinion
from
the
City
Attorney
that
the
subject
matter
of
the
request
is
properly
before
the
Board
The
separate
written
recommendations
of
the
Planning
and
Zoning
Director
and
of
the
Public
Works
Director
shall
be
before
the
Board
prior
to
its
consideration
of
any
matter
before
it
16
5
PR
16
6
Filing
Period
Every
application
for
a
Variance
an
after
the
fact
Variance
or
an
appeal
from
an
administrative
decision
shall
be
filed
within
thirty
30
days
from
the
date
of
the
refusal
of
a
permit
by
notice
of
violation
ruling
decision
or
determination
of
the
Building
Official
or
other
administrative
official
If
the
Applicant
or
appellant
receives
notice
of
the
above
by
mail
then
the
Applicant
or
appellant
shall
have
an
additional
five
5
days
in
which
to
apply
for
an
appeal
or
after
the
fact
Variance
A
Any
Person
appearing
before
the
Board
of
Adjustment
on
an
application
for
a
Variance
from
the
provisions
of
this
Ordinance
or
an
application
for
an
appeal
of
an
administrative
decision
shall
be
administered
the
following
oath
by
any
Person
duly
authorized
under
the
laws
of
Florida
to
administer
oaths
B
I
do
hereby
swear
under
oath
that
any
arid
all
testimony
to
be
given
by
me
in
this
proceeding
is
the
truth
the
whole
truth
and
nothing
but
the
truth
so
help
me
God
Any
Person
giving
false
testimony
before
the
Board
of
Adjustment
on
an
application
for
a
Variance
from
the
provisions
of
this
Ordinance
or
on
appeal
of
an
administrative
decision
shall
be
subject
to the
maximum
penalty
provided
by
law
Upon
the
withdrawal
or
denial
of
an
application
for
a
Variance
from
the
provisions
of
this
Ordinance
no
new
application
may
be
filed
for
such
Variance
within
six
6
months
following
such
withdrawal
or
denial
unless
however
the
decision
of
the
Board
of
Adjustment
taking
any
such
final
action
is
made
without
prejudice
or
unless
the
withdrawal
of
such
application
is
permitted
to
be
made
without
prejudice
An
application
may
be
withdrawn
without
prejudice
by
the
Applicant
as
a
matter
of
right
if
such
request
is
signed
by
the
Applicant
and
filed
with
the
Planning
and
Zoning
Department
prior
to
the
giving
of
any
notice
required
by
this
Ordinance
otherwise
all
such
requests
for
withdrawal
shall
be
with
prejudice
save
and
except
that
the
Board
of
Adjustment
may
permit
withdrawals
without
prejudice
at
the
time
the
application
for
said
Variance
is
considered
by
the
said
Board
provided
further
that
no
application
may
be
withdrawn
after
final
action
has
been
taken
c
has
been
properly
considered
by
the
record
the
Board
s
order
in
the
public
Within
a
reasonable
time
after
a
request
BoardofAdjustmenttheApplicantshall62D
records of Dade County No Building Permit Certificate of Occupancy
Certificate of Completion or licensing permit shall be issued until the
recordation requirements has been complied with Prior to the recordation the
City Attorney shall approve the instrument
16 7 POWERS
AND DUTIES A The Board of Adjustment shall have the following powers
and duties 1 To hear and decide appeals when it is alleged that there is
error in any order requirement decision or determination made
by an administrative official in the enforcement of this Ordinance with
the exception of appeals pursuant to Section 17 4H In the
event of an Administrative Appeal to the Board of Adjustment the
Planning and Zoning Director may engage the services of an attorney for
the purpose of representing the Administrative Officer who made the decision that
is the
subject of the appeal In exercising this power the Board of
Adjustment may upon appeal reverse or affirm wholly or partly the
order requirement decision or determination and to that end shall have all the
powers of the officer from whom the appeal is taken The concurring
vote of four 4 members of the Board shall be necessary
to reverse any order requirement decision or determination of any
such administrative official or to decide in favor of the Applicant on any
matter upon which the Board is
required to pass under Ordinance 2 To authorize upon application such
Variance from the terms of this Ordinance as will not be contrary to
the public interest when owing to special conditions a literal enforcement
of a provision of this Ordinance would result in unnecessary and
undue hardship An application for a Variance shall be
limited to the following development regulations height average and minimum unit sizes
but not the average unit size when used in determining the bonus
for the Floor Area Ratio setback areas size and location of Signs
Open Space Ratio and off Street parking and loading requirementshowevernoVarianceshallbegivenforoffStreetparkingforlessthan
one space per Apartment Unit or Hotel Unit or a request pertaining to the
reduction of an impact fee or for Lot Area when determining floor
area ratios In order to authorize any Variance from the terms of
this Ordinance
the Board of Adjustment shall find a That special conditions
and circumstances exist which are peculiar to the land Structure or
Building involved and which are not applicable to other lands
Structures or
Buildings in the same zoning district b That the special conditions
and circumstances do not result
from the action of the Applicant c That granting the Variance
requested will not confer on the Applicant any special privilege
that is denied by this Ordinance to other lands Buildings or
Structuresinthesamezoningdistrict163
That
literal
interpretation
of
the
provisions
of
this
Ordinance
would
deprive
the
Applicant
of
rights
commonly
enjoyed
by
other
properties
in
the
same
zoning
district
under
the
terms
of
this
Ordinance
and
would
work
unnecessary
and
undue
hardship
on
the
Applicant
d
That
the
Variance
granted
is
the
minimum
Variance
that
will
make
possible
the
reasonable
Use
of
the
land
Building
or
Structure
e
That
the
granting
of
the
Variance
will
be
in
harmony
with
the
general
intent
and
purpose
of
this
Ordinance
and
that
such
Variance
will
not
be
injurious
to
the
area
involved
or
otherwise
detrimental
to
the
public
welfare
f
That
the
granting
of
this
request
is
consistent
with
the
Comprehensive
Plan
and
does
not
reduce
the
levels
of
service
as
set
forth
in
the
Plan
The
Planning
and
Zoning
Director
may
require
Applicants
to
submit
documentation
to
support
this
requirement
prior
to
the
scheduling
of
a
public
hearing
or
anytime
prior
to
the
Board
voting
on
the
Applicant
s
request
g In
granting
a
Variance
the
Board
of
Adjustment
may
prescribe
appropriate
conditions
and
safeguards
Violation
of
such
conditions
and
safeguards
when
made
a
part
of
the
terms
under
which
the
Variance
is
granted
shall
be
deemed
a
violation
of
this
Ordinance
3
The
Board
of
Adjustment
may
prescribe
a
reasonable
time
limit
within
which
the
action
for
which
the
Variance
is
required
shall
begin
or
be
completed
or
both
Notwithstanding
the
above
the
Applicant
shall
obtain
a
Building
Permit
within
six
6
months
from
the
date
on
which
the
Board
approved
the
Variance
request
If
a
Building
Permit
has
not
been
issued
for
the
work
within
six
6
months
or
if
the
work
has
not
commenced
within
two
2
years
or
within
the
time
period
established
by
the
Board
then
the
Applicant
may
request
an
extension
of
time
for
a
period
not
to
exceed
one
1
year
Said
request
shall
occur
within
the
two
2
year
period
If
the
Building
Permit
is
not
issued
within
the
six
6
month
period
or
an
extension
of
time
is
not
granted
then
the
original
approval
shall
be
void
If
the
request
for
an
extension
of
time
is
within
the
two
2
year
period
notice
requirements
as
listed
in
Section
16
3
shall
not
apply
however
the
request
shall
be
placed
on
the
agenda
and
a
notice
shall
be
placed
in
a
paper
of
general
paid
circulation
within
fifteen
15
days
of
the
public
hearing
date
4
Under
no
circumstances
shall
the
Board
of
Adjustment
grant
a
Variance
to
permit
a
Use
not
generally
permitted
in
the
zoning
district
involved
or
any
Use
expressly
or
by
implication
prohibited
by
the
terms
of
this
Ordinance
No
Nonconforming
Use
of
neighboring
lands
Structures
or
Buildings
in
other
zoning
districts
shall
be
considered
grounds
for
the
authorization
of
a
Variance
5
The
Board
shall
fix
a
reasonable
time
for
the
hearing
of
the
Variance
request
after
a
complete
application
as
determined
by
the
Planning
and
Zoning
Director
give
public
notice
thereof
as
well
as
due
notice
tothepartiesininterestLanddecidesamewithinareasonabletimeThe646
decision of the Board shall be in writing and shall be mailed promptly
to the Applicant
7 A Building Permit shall not be issued until the Applicant records
the Final Order against the property in the public records of Dade
County 8 The Board shall determine on a yearly basis the Parking
Impact Fee based upon data supplied by various departments
involved with construction The Planning and Zoning Director shall
coordinate the submission of data and provide the Boardwith a recommendation
as to establishment of the appropriate fee based upon the cost
of
providing parking B The below fee schedule is established for the purpose
of defraying expenses of public notices postage printing determining the impact
of the request and other administrative costs in connection withVariancerequestswhenitisallegedthereisanerrorinanyadministrative
order requirement decision or determination made by an administrative official or a
request for the Board to clarify a condition finding or amend
a decision 1 Variances Aooeals from Administrative
Decisions and Signs a Single Family Residences 100
filing fee plus
50
for each individual Variance requested b Parking
Requirements 200 filing
fee
plus 100 for each
individual Variance requested c
Multi Family
Commercial Industrial or mixed
Use Development properties
400
filing fee plus 100
for
each individual Variance requested d
Appeal from Administrative Decision 400 e Signs 200 plus 50
per Request With the exception of Variances associated with single
Family residences
the application fee shall
be supplemented by an additional 0 50 per mailing address 2 Deferments Withdrawals and
Clarifications If a deferment or an extension
of time is requested by the
Applicant an additional fee shall be assessed
as follows
a Single Family
Residences 50
per Variance
b
Parking Requirements
50 per Variance but
not less
than100cMultiFamilyIndustrialorDevelopmentCommercialmixedUse50perVariancebutnotlessthan100165
200
Appeal
from
Administrative
Decision
d
Sign
25
per
Variance
whichever
is
greater
Signs
e
or
If
a
request
for
a
deferral
is
approved
by
the
Board
of
Adjustment
and
not
at
the
request
of
an
Applicant
there
will
be
no
additional
fee
3
When
an
Applicant
requests
a
clarification
extension
of
time
an
amendment
to
a
previous
Board
of
Adjustment
decision
or
any
other
request
that
is
not
a
Variance
or
Appeal
of
an
Administrative
Decision
a
fee
of
250
00
shall
be
assessed
Public
Notice
requirements
listed
in
Section
16
3
shall
be
applied
4
If
the
Applicant
withdraws
his
application
after
it
has
been
accepted
by
the
Planning
and
Zoning
Department
the
City
shall
refund
50
of
all
required
fees
and
no
further
refund
shall
be
made
5
A
public
hearing
or
appearance
by
the
Applicant
before
the
Board
shall
not
be
scheduled
or
permitted
until
the
Planning
and
Zoning
Department
has
determined
that
the
application
is
complete
and
all
fees
have
been
paid
6
F
WORK
AND
PRO
CEEDINGS
N
APPEAL
An
appeal
to
the
Board
of
Adjustment
stays
all
work
on
the
Premises
and
all
proceedings
in
furtherance
of
the
action
appealed
from
unless
the
official
from
whom
the
appeal
was
taken
shall
certify
to
the
Board
of
Adjustment
that
by
reason
of
facts
stated
in
the
certificate
a
stay
would
cause
imminent
peril
to
life
or
property
In
such
a
case
proceedings
or
work
shall
not
be
stayed
except
by
a
restraining
order
which
may
be
granted
by
the
Board
of
Adjustment
or
by
a
court
of
record
upon
application
upon
notice
to
the
officer
from
whom
the
appeal
is
taken
and
for
due
cause
shown
16
8
F
BOARD
S
DECISION
The
decision
of
the
Board
of
Adjustment
shall
be
final
and
there
shall
be
no
further
review
thereof
except
byresort
toacourtofcompetentjurisdictionbypetitionforwritofcertiorari66APPEAL69
SECTION
17 PLANNING
BOARD 17 1
POWERS AND DUTIES A To acquire compile and collate all available data
materials statistics maps photographs reports and studies necessary to obtain an
understanding of past conditions and present trends which affect the City and
the economic and general welfare
of its residents The Board shall evaluate data and determine the past present
and future trends as they relate to population property values economic bases land
Use and to evolve the principles and policies required to guide the direction
and type of future Development and expansion
of the City B To conduct such public hearings as may be helpful in
gathering information and data necessary for the presentation of suitable and appropriate
plans for the comprehensive and systematic Development of the City and to
transmit the same for consideration by
the City Commission C To make cause to be made or obtain special studies on
the location condition and adequacy of specific facilities of the City These may include
but are not limited to studies on single and multiple family
housing including Hotels Apartment Buildings cooperatives and condominiums
commercial and industrial conditions and facilities beaches parks playgrounds
and other recreational facilities public Buildings public and private
utilities traffic transportation and parking The Board shall be authorized to study and consider
any and all studies made and published by the Federal State
and County governments D To make appropriate studies of the location and extent
of present and anticipated use of land population social and economic
resources and problems and to submit such data with the recommendations of said Board
to
the City Commission E To consider and to act upon any and all matters referred to it
by the City Commission or by the provisions of any City ordinance pertaining
to land Use and to submit its findings and recommendations on such matters
to
the City Commission F In granting a request the Board may prescribe
appropriate conditions and safeguards which are consistent and supportive of the
City s Comprehensive Plan Neighborhood Plan or Capital Improvement Plan
Violation of such conditions and safeguards shall be deemed a violation
of the Ordinance G To carry out its responsibilities as the Local Planning Agency
pursuant to the State of Florida and Local Government Comprehensive
Planning and Land Development Regulations Act Chapter 163
Florida Statutes as amended H To insure a high degree of aesthetics and promote
quality in construction and design of Buildings and Structures so as to enhance the
value of property and the physical
environment of the City I To consider applications pertaining to
Conditional Use Permits Amendments to the Zoning Ordinance Change of
Zoning District Boundaries and Comprehensive Plan Amendments and Future
LandUseMapchanges171
me
Cri
To
promote
reduced
crime
and
fear
of
crime
through
the
use
of
Prevention
Through
Environmental
Design
Guidelines
and
Strategies
J MEETINGS
AND
PRQCEDURES
The
Board
created
hereby
shall
elect
a
Chairperson
a
Vice
Chairperson
and
a
Secretary
It
shall
have
authority
to
adopt
rules
and
regulations
for
its
guidance
in
the
transactions
of
its
business
subject
to
the
limitations
of
the
City
s
Charter
and
ordinances
The
Board
shall
appropriate
rules
establish
the
time
place
and
manner
of
holding
regular
and
special
meetings
The
Board
is
also
authorized
to
call
public
hearings
and
to
create
committees
and
sub
committees
when
deemed
appropriate
or
convenient
for
the
performance
of
its
duties
A
17
2
All
requests
shall
be
submitted
to
the
City
Attorney
for
a
determination
whether
the
request
is
properly
such
and
does
not
constitute
a
variance
of
the
Ordinance
The
jurisdiction
of
the
Planning
Board
shall
not
attach
unless
and
until
the
Board
has
before
it
a
written
certificate
of
the
City
Attorney
that
the
subject
matter
of
the
request
is
properly
before
the
Board
The
separate
written
recommendations
of
the
Planning
Director
shall
be
before
the
Board
prior
to
its
consideration
of
any
matter
before
it
B
Any
person
appearing
before
the
Planning
Board
shall
be
administered
the
following
oath
by
any
person
duly
authorized
under
the
laws
of
Florida
to
administer
oaths
I
do
hereby
swear
under
oath
that
any
and
all
testimony
to
be
given
by
me
in
this
proceeding
is
the
truth
the
whole
truth
and
nothing
but
the
truth
so
help
me
God
C
Any
person
giving
false
testimony
before
the
Planning
Board
shall
be
deemed
to
have
violated
the
provisions
hereof
and
shall
be
subject
to
the
maximum
penalty
prescribed
by
Section
2
of
the
Code
of
the
City
of
Miami
Beach
Florida
I
647
1
uorumand
V
otin
A
quorum
shall
constitute
five
5
regular
members
An
affirmative
vote
of
five
5
regular
members
shall
be
required
to
approve
a
request
before
the
Board
If
an
application
is
denied
the
Board
shall
provide
a
written
statement
in
support
of
its
finding
D
of
Interest
Members
of
the
Board
shall
abide
by
the
applicable
provisions
of
Fla
Statutes
Ch
112
1987
as
amended
Metropolitan
Dade
County
Fla
Code
Ch
2
1987
and
Code
of
the
City
of
Miami
Beach
Ch
2
Art
In
1964
regarding
voting
conflicts
and
disclosures
of
financial
interests
nflict
E
N
The
Board
shall
be
composed
of
seven
7
regular
voting
members
and
two
ex
officio
members
Each
regular
member
shall
be
appointed
by
a
majority
vote
of
the
City
Commission
Each
regular
voting
member
shall
serve
for
a
term
of
two
years
The
Planning
Director
and
City
Attorney
shallserveinanexofficioadvisorycapacitywithnovotingauthority172A173C
B All regular voting members of the Board shall have considerable experience in
general business land development land development practices or land use
issues however the Board shall at a minimum be comprised of one registered
architect one developer and one attorney who has considerable experience in
land use and zoning issues and one person who has education and or experience
in historic preservation issues For purposes of this section the term education
and or experience in historic preservation issues shall be a person who meets
one or more of the following criteria
I has earned a college degree in historic preserva tion or
2 is responsible for the preservation revitalization or adaptive reuse
of historic buildings
or 3 is recognized by the City Commission for contributions
to historic preservation education
or planning C No person except a resident of the City of Miami Beach or an
individual having their main business interest in the City of Miami Beach shall be
eligible for appointment to the Planning Board In the event any member of the
Board fails to attend more than two consecutive meetings and or workshops
comprised of the entire Board without due cause or bona fide excuse as
found and determined by a majority of the Board said member shall cease to be
a member of
said Board 17
4 CONDITIONAL USE PROCEDURES A Puroose The purpose of this Subsection is to establish
a process which is designed to determine if certain Uses hereafter referred
to as Conditional Uses should be permitted at a given location Special review
of Conditional Uses is required not only because these generally are of a
public or semi public character and are essential and desirable for
the general convenience and welfare of the community but also because the nature
of the Uses and theirpotential impact on neighboring properties
requires the exercise of planning judgment as to
location and Site Plan B Review Guidelines Conditional Uses may be approved
in accordance with the Procedures and standards of
this Section provided that 1 the Use is consistent with the
Comprehensive Plan or Neighborhood Plan if one exists for the area in which
the property is loca ted 2 the intended Use or construction will not
result in an impact that will exceed the thresholds for the levels of
service as
set forth in the Comprehensive Plan 3 Structures and Uses associated
with
the request are consistent with this Ordinance 4 the public health
safety morals
and general welfare will not be adversely affected
5 adequate Off Street Parking facilities will be provided 6
necessary safeguards will be provided
fortheprotectionofsurroundingpropertypersonsandneighborhoodvalues173
A
lications
for
Conditional
Uses
Applications
for
approval
of
a
Conditional
Use
shall
be
submitted
to
the
Planning
and
Zoning
Department
which
shall
prepare
a
report
and
recommendation
for
consideration
by
the
Board
and
when
required
by
the
City
Commission
Within
a
reasonable
time
but
in
no
instance
less
than
thirty
30
days
after
receipt
of
a
completed
application
the
Board
shall
hold
a
public
hearing
at
which
parties
in
interest
and
citizens
shall
have
an
opportunity
to
be
heard
Approximately
fifteen
15
days
prior
to
the
pu
blic
hearing
date
a
description
of
the
request
and
the
time
and
place
of
such
hearing
shall
be
posted
on
the
property
and
advertised
in
a
paper
of
general
paid
circulation
in
the
community
notice
shall
also
be
given
by
mail
to
the
owners
of
record
of
land
lying
within
375
feet
of
the
property
C
Site
Plan
Required
Each
application
for
a
Conditional
Use
Permit
shall
be
accompanied
by
a
Site
Plan
meeting
the
requirements
of
Section
21
and
such
other
information
as
may
be
required
for
a
determination
of
the
nature
of
the
proposed
Use
and
its
effect
on
the
Comprehensive
Plan
the
neighborhood
and surrounding
properties
1
Time
Limitations
Approval
of
a
Conditional
Use
under
this
Section
shall
become
null
and
void
if
a
Building
Permit
has
not
been
issued
within
six
6
months
after
the
date
of
approval
Such
Conditional
Use
may
also
become
null
and
void
if
a
Certificate
of
Occupancy
Certificate
of
Completion
or
an
Occupational
License
is
not
issued
within
two
2
years
after
approval
a
2
When
extenuating
circumstances
or
compelling
reasons
prevent
the
Applicant
from
complying
with
conditions
of
approval
within
the
above
stated
time
periods
the
Applicant
may
submit
a
request
to
the
Planning
and
Zoning
Director
who
after
consultation
with
the
Chairman
of
the
Planning
Board
may
approve
one
nine
9
month
extension
of
time
to
1
obtain
a
Building
Permit
or
2
to
complete
all
construction
work
and
obtain
a
Certificate
of
Occupancy
Certificate
of
Completion
or
Occupational
License
Subsequent
requests
for
an
extension
of
time
shall
only
be
approved
by
the
Planning
Board
where
the
public
notice
requirements
shall
be
satisfied
by
placing
the
request
on
the
Board
s
Agenda
Appeal
of
the
Planning
and
Zoning
Director
s
decision
shall
be
to
the
Board
and
shall
be
scheduled
no
earlier
than
20
days
prior
to
the
next
regular
meeting
date
Appeal
of
the
Board
s
decision
shall
be
to
the
City
Commission
A
five
sevenths
5
7
vote
of
the
Commission
shall
be
required
to
overrule
a
decision
of
the
Planning
Board
relating
to
an
extension
of
time
requested
The
appeal
shall
be
filed
within
30
days
of
the
date
on
which
the
Board
s
decision
is
reached
b
ving
Facilities
Approval
of
an
a
Adult
Congregate
Living
Facility
under
the
Conditional
Use
procedures
shall
become
null
and
void
if
a
Building
Permit
has
not
been
issued
within
nine
9
months
after
the
date
of
approval
Such
Conditional
Use
shall
becomenullandvoidifaCertificateofOccupancy74CongregateLiAdultlimitationsforTime1c
Certificate of Completion or an Occupational License is
not issued within one 1 year after the Building
Permit is
issued 2 When extenuating circumstances or
compelling reasons prevent the Applicant from complying with
conditions of approval within the above stated time
periods the Applicant may submit a request to the
Planning Board which may approve one extension of time of up
to three 3 months to obtain a Building Permit
or one extension of time of up to six 6 months
to complete all construction work and obtain a
Certificate of Occupancy Certificate of
Completion or Occupational License 3 The public notice requirements
shall be satisfied by placing the request on the Board s Agenda
Appeal of the Board s decision shall be to the
City Commission A five sevenths 5 7 vote of
the Commission shall be required to overrule a decision of
the Planning Board relating to an extension of time requested
The appeal shall be filed within 30 days of the date
on which the Board s decision is reached d An
approved and operational Conditional Use which remains idle or unused in whole or
in part for a continuous period of six 6
months or for eighteen 18 months during any three
3 year period whether or not the equipment Fixtures or Structures
remain shall be required to seek re approval of the Conditional
Use from the Board Resumption of such Use shall not
be permitted unless and
until the Board approval has been granted D Comoliance
with Conditions 1 No Occupational License Certificate of Use Certificate of
Occupancy or Certificate of Completion shall be issued until all conditions
of approval have been met The establishment of a Conditional Use
without complying with the conditions of approval shall constitute a violation
of this Ordinance
and shall be subject to enforcement procedures as set forth
in Section 21 2 2 Within a reasonable time after a
Conditional Use application or amendment has been approved the Applicant shall
record the Board s action and conditions in the Public
Records of Dade County No Building Permit Certificate of Use
Certifica te of Occupancy Certificate
of Completion or Occupational License shall be
issued until this regulation has been complied with E Amendment
of an Aooroved Conditional Use 1 When an Applicant requests
an amendment to an approved Conditional Use the Planning and Zoning
Director shall first determine whether the request is a substantial or minor
amendment A minor amendment may be authorized by the Planning
and Zoning Director If the Planning and Zoning Director determines that the request
is a substantial amendment the review process shall be the same
as for a new application In determining whether the request is
asubstantialorminoramendmentthePlanningandZoningDirectorshallconsidertheoverallimpactof175
the
change
increase
or
decrease
in
parking
or
Floor
Area
landscaping
and
design
consistency
with
this
Ordinance
efficient
utilization
of
the
Site
circulation
pattern
and
other
pertinent
facts
Any
increase
in
Lot
Area
parking
requirements
Floor
Area
Ratio
density
or
Lot
Coverage
shall
be
considered
as
a
substantial
amendment
If
the
Planning
and
Zoning
Director
determines
the
request
is
a
minor
amendment
the
Applicant
may
submit
an
application
for
a
Building
Permit
however
the
Planning
and
Zoning
Director
shall
approve
the
Site
Plan
prior
to
the
issuance
of
a
Building
Permit
2
a
The
below
fees
are
for
the
purpose
of
defraying
expenses
of
public
notices
and
other
administrative
costs
in
connection
with
processing
applications
F
the
Any
Applicant
requesting
and
obtaining
a
public
hearing
before
Planning
Board
shall
pay
the
following
fees
1
mailing
0
50
per
400
00
pi
us
address
Conditional
Use
when
a
fee
has
not
been
established
for
a
specific
Use
a
plus
400
plus
35 00
per bed
0
50
per
mailing
address
Living
Congregate
Adult
Facility
b
A
request
for
minor
amendment
to
an
approved
Conditional
Use
clarification
of conditions
or
an
extension
of
time
shall
require
a
fee
of
250
00
2
Use
A
request
for
a
substantial
amendment
to
an
approved
Conditional
shall
require
a
fee
of
400
00
plus
0
50
per
mailing
address
3
If
an
Applicant
withdraws
his
application
prior
to
the
date
of
the
public
hearing
and
requests
a
new
hearing
date
a
fee
of
500
shall
be
required
The
fee
is
to
defray
the
costs
of
scheduling
the
new
public
hearing
to
notify
the
Property
Owners
of
the
cancellation
of
the
original
public
hearing
and
establishment
of
the
revised
hearing
date
4
If
the
Applicant
requests
a
continuation
of
a
public
hearing
a
fee
commensurate
with
all
costs
shall
be
assessed
however
the
fee
shall
not
be
less
than
200
00
5
A
fee
of
400
00
shall
be
required
in
order
to
file
an
Appeal
of
a
Planning
Board
or
Planning
and
Zoning
Director
s
decision
If
notification
of
property
owners
is
required
the
fees
shall
be
as
set
forth
in
Subsection
17
4
F
6
Decisions
An
Applicant
may
appeal
a
decision
of
the
Planning
and
Zoning
Director
to
the
Planning
Board
within
fifteen
15
days
of
the
date
on
which
the
Board
reached
a
decision
on
the
application
Use
oC
Conditional
eal
A
1
G
The
Applicant
City
Manager
or
an
ownerofpropertywithin375feetoftheSitemayappealaConditionalUsedecisionofthePlanningBoardtotheCityCommissionTheappealshallbeinwritingandsubmittedto762
the Planning and Zoning Director within fifteen 15 days of the
date on which the Board reached a decision on an application The
appeal shall be placed on the City Commission agenda within forty
five 45 days of receipt of the appeal In order to reverse amend or
modify a Conditional Use decision of the Planning Board or Planning
and Zoning Director the reviewing body shall find that the Board
Director acted arbitrarily and capriciously in abuse of his their
discretionary powers A vote of at least five 5 members of the reviewing
body shall be required in order to reverse a decision of
the Planning Board 3 Appeal from a Conditional Use decision of the
City Commission shall be to the court of appropriate jurisdiction pursuant to the
la ws of Florida within the time period as set
forth in those laws 4 An appeal stays all work on the
Premises and all proceedings including a request for a Building Permit
certificate
of completion or occupational license 17 5 CHANGE OF
ZONING
DISTRICT AND AMENDMENT TO THE ORDINANCE PROCEDURES Procedures pertaining to this Section
are listed in
Section14ChangesandAmendmentsofthisOrdinance177
SECTION
18 DESIGN REVIEW
BOARD 18 1 DESIGN REVIEW BOARD
POWERS AND DUTIES A
Powers and Duties 1 To promote
excellence in urban design 2 To review
all applications requiring Design Review 3 To prepare and recommend
adoption of
design plans pertaining to Neighborhood Studies 4 To promote reduced crime and fear
of crime through the use of Crime Prevention
Through Environmental Design Guidelines and Strategies
as approved
by the Ci ty Commission B Membershio 1 Composition The
Design Review Board shall be composed of seven 7 regular
members and two 2 ex officio members The seven
7 regular members shall consist of two
2 registered architects one 1 registered landscape architect one 1 professional
engineer one 1 professional land planner and two 2 citizens at
large The two 2 ex officio members shall
be the Planning Director and Public Works Director
The City Attorney s office shall provide legal counsel 2
Appointment The two 2 architects one 1 landscape architect one 1
professional engineer and one I professional land planner shall
be appointed by the
City Manager in consultation with the Planning
Board from an eligibility list solicited from their
representative professional associations as listed below
a American Institute of Architects local
chapter b American Society of Landscape Architects local chapter c Florida Engineer
Society
local chapter d American Planning Association local chapter The two 2 citizens
at large members shall be appointed by the Planning Board 3
Residency and Place of Business All regular members shall reside in or
have their primary place of business in Dade County however three 3 professional
members shall not reside in
or have their place
of business in the City of Miami Beach The two 2 citizen at Iarge
members shall be residents of the City C Terms
ofOfficeThetermofserviceontheDesignReviewBoardshallbetwo2yearsNoregularmembershallservemorethanthree3consecutiveterms181
one
I
archi
tect
be
appointed
for
be
appointed
for
be
appointed
to
The
members
of
the
first
Board
shall
be
appointed
as
follows
one
1
citizen
the
general
contractor
and
the
developer
shall
a
two
2
year
term
and
the
remaining
three
3
members
shall
one
1
year
term
Thereafter
every
member
appointed
shall
serve
a two
2
year
term
Removal
Removal
of
appointed
members
shall
be
by
the
City
Manager
for
cause
Failure
to
attend
three
3
consecutive
meetings
shall
be
considered
cause
for
removal
D
rum
and
V
otin
A
quorum
shall
consist
of
four
4
regular
members
An
affirmative
vote
of
four
4
regular
members
shall
be
required
to
approve
an
application
for
Design
Review
Prior
to
a
decision
of
the
board
the
ex
officio
members
shall
submit
a
recommendation
for
each
item
on
the
agenda
in
addition
the
City
Attorney
shall
determine
whether
a
request
is
properly
before
the
Board
If
an
application
is
denied
the
Board
shall
provide
a
written
statement
in
support
of
its
finding
Meetin2s
E
The
Board
shall
meet
within
a
reasonable
time
upon
receipt
of
an
application
at
the
call
of
the
Chairperson
or
the
Planning
and
Zoning
Director
All
meetings
shall
be
open
to
the
public
and
shall
be
conducted
in
accordance
with
the
rules
and
regulations
adopted
by
the
Board
F
of
Interest
Members
of
the
Board
shall
abide
by
the
applicable
provisions
of
Fla
Statutes
Ch
112
1987
as
amended
Metropolitan
Dade
County
Fla
Code
Ch
2
1987
and
Code
of
the
City
of
Miami
Beach
Ch
2
Art
III
1964
regarding
voting
conflicts
and
disclosures
of
financial
interests
nflict
G
N
REVIEW
PROCEDURES
I
DE
18
2
n
Review
ri
teria
Design
Review
encompasses
the
examination
of
architectural
drawings
for
consistency
with
the
criteria
stated
below
with
regard
to
the
aesthetics
appearances
safety
and
function
of
the
Structure
in
relation
to
the
Site
adjacent
Structures
and
surrounding
community
The
Board
and
the
Planning
and
Zoning
Department
shall
review
plans
based
upon
the
below
stated
criteria
and
criteria
listed
in
Neighborhood
Plans
If
floor
area
ratio
bonuses
are
requested
and
allowed
in
the
district
in
which
the
property
is
located
criteria
listed
in
Section
6
24B
shall
apply
If
the
Board
determines
that
an
application
is
not
consistent
with the
criteria
it
shall
set
forth
in
writing
the
reasons
substantiating
its
finding
D
A
not
and
The
existing
and
proposedconditionsoftheLotincludingbutnecessarilylimitedtotopographyvegetationtreesdrainageWaterways821
2 The location of all eXIstIng and proposed Buildings drives
parking spaces walkways means of ingress and egress drainage facilities
utility services landscaping Structures Signs and lighting and screening
devices 3 The dimensions of all Buildings Structures setbacks
parking spaces Floor Area Ratio height Lot Coverage and any other
information that may be reasonably required to determine compliance with
this Ordinance 4 The color design selection of landscape
materials and architectural elements of Exterior Building surfaces and primary
public interior areas for Developments requiring a Building Permit in areas
of the City identified in Subsection B
of this Section 5 The proposed Structure is in conformity with
the standards of this Ordinance and other applicable
ordinances architectural and design guidelines and plans insofar as the location
and appearance and design of the Buildings
and Structures are involved 6 The proposed Structure indicates a sensitivity
to and is compatible with the environment and adjacent
Structures and enhances the
appearance of the surrounding properties 7 The design and layout of Buildings shall be
reviewed so as to provide an efficient arrangement of land
Uses Particular attention shall be given to safety crime prevention
and fire protection relationship to the surrounding neighborhood
impact on contiguous and adjacent Buildings and lands pedestrian
sigh t lines and view corridors 8 Pedestrian and vehicular
traffic movement within and adjacent to the Site shall be reviewed to ensure that
all parking spaces are usable and are safely and conveniently arranged
Access to the Site from adjacent roads shall be designed so as to interfere
as little as possible with traffic flow on these roads and to permit vehicles
a rapid and safe
ingress and egress to the Si tee 9 Lighting shall be
reviewed to ensure safe movement of persons and vehicles and reflection
on public property for security purposes and
to minimize glare and reflection on adjacent properties 10 Landscape and
paving materials shall be reviewed to ensure an adequate relationship
with and enhancement of the overall Site Plan design 11
Buffering materials shall be reviewed to ensure that headlights of
vehicles noise and light from
Structures are adequately shielded from public view and pedestrian areas
12 Storm drainage sanitary waste disposal and water supply shall be
reviewed and considered in terms of the adequacy of existing systems and the
need for improvements both on Site and off Site to adequately carry
runoff and sewage
and to maintain an adequate supply of water at sufficient pressure
13 Garbage disposal shall be reviewed to ensure
freedom from vermin and rodent infestation
Alldisposalsystemsshallmeetmunicipalspecificationsastoinstallationandconstruction183
The
overall
project
shall
be
reviewed
for
compliance
with
the
City
s
Comprehensive
Plan
or
Neighborhood
Plans
that
apply
to
or
affect
the
subject
property
14
of
crime
through
the
use
of
Crime
Design
Guidelines
and
Strategies
To
promote
reduced
crime
and
fear
Prevention
Through
Environmental
t
ions
15
A
li
ilit
All
Building
Permits
for
new
construction
Alterations
or
additions
to
existing
Buildings
including
fences
Parking
Lots
walls
and
Signs
whether
new
or
change
of
copy
within
the
following
areas
shall
be
subject
to
review
under
the
Design
Review
procedures
No
Building
Permit
shall
be
issued
without
the
written
approval
by
the
Design
Review
Board
or
staff
as
provided
for
in
these
regulations
for
the
following
areas
A
1
B
the
Erosion
Control
Line
Any
properties
excluding
Single
Family
Structures
that
adjacent
to
Biscayne
Bay
or
any
other
canals
or
Waterways
A
venue
and Between
Collins
a
b
are
Within
Watreway
Districts
WD
I
and
II
the
Government
Use
GU
District
the
Light
Industrial
I
I
District
the
Residential
Office
RO
District
the
Mixed
Use
Entertainment
MXE
District
any
locally
designated
Historic
District
or
Site
Convention
Center
CCC
District
and
Townhome
TH
Districts
c
Area
located
within
a
district
Within a
designated
Redevelopment
Building
Any
Structure
or
Commercial
Use
d
for
All
Lots
and
parcels
from
73
Street
to
87
Terrace
fronting
on
Harding
A
venue
Collins
A
venue
Ocean
Terrace
and
Atlantic
Way
and
excluding
the
North
Shore
Open
Space Park
More
specifically
zoned
e
f
All
of
Blocks
1
2
9
10
and
Lots
1
7
Block
3
and
Lots
1
7
Block
8
of
the
Harding
Townsite
Subdivision
as
recorded
in
Plat
Book
34
page
4
of
the
Dade
County
Records
and
All
of
Blocks
7
10
and
17
24
and
Lot
3
Block
7
of
the
Corrected
Plat
of
Altos
del
Mar
No
I
Subdivision
as
recorded
in
Plat
Book
31
page
4
of
the
Dade
County
Pu
blic
Records
and
All
of
Blocks
12
15
and
Lots
2
3
Block
II
Lots
1
3
Block
1
and
Lots
1
3
Block
10
of
the
Altos
del
Mar
No
2
SubdivisionasrecordedinPlatBook4Page162oftheDadeCountyRecordsandAllofBlock16andLots712Block7Lots712Block8Lots712Block9Lots712Block10Lots712Block11andLots46Block12oftheAltosdelMarNo384
Subdivision as recorded in Plat Book 8 Page 4 of
the Dade County Public
Records and All of Blocks I and 2 and Lots 14
26 of Block 3 of the Haynsworth Beach
Subdivision as recorded in Plat Book 41 Page
2 of the Dade County Pubic Records and
All of Blocks 7 10 and Lots 8
12 Block 3 Lots 10 14 Block 4 Lots
10 14 Block 5 and Lots
10 14 Block 6 of the Beach Bay Subdivision
as recorded in Plat Book 44 Page 25 of the Dade County
Public Records and The Catholic Church property bounded on the east
by Harding A venue on the
south by Block 3 on the west by
Byron A venue and on the north by the
northern boundary of the City of Miami Beach g
Architectural District review of architectural plans pertaining
to existing Structures and additions shall be based upon
substantial compliance with the Secretary of the Interior
s Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings U S Department of the
Interior
1983 as amended Review of architectural plans for new construction
shall incorporate architectural features which are representative of the surrounding Historic Structures
in the
Architectural District h Any Structure located within the HD Hospital District Said
review
shall be limited in scope to the criteria specified in
Section 18 2 A 2 3 4 8 9 10
and
14 i All Parking Lots and garages when they are
the main permitted Use 2 Exemotions Exemptions to these
regulations include all of the following provided no new
construction or additions to existing Buildings are required a
all permits for plumbing heating air conditioning elevators fire alarms
and extinguishing equipment
and all other mechanical and electrical equipment when such work is entirely
within the interior of the Building however the Planning Director
may approve such Building Permit applications for minor
work on the Exterior of Buildings b any permit necessary for
the compliance with a lawful order of th e Building Official
Fire Marshall or Public
Works Director related to the immediate public
healthorsafetycallpermitsforinteriorAlterationsandrepairsnotaffectingaBuildinglistedasaHistoricStructureintheCitysHistoricPropertyDatabasedallpermitsforDemolitionorwrecking185
the
from
all
single
Family
Dwellings
are
exempt
regula
tions
e
Design
Review City
Municipal
Buildings
Uses
and
Sites
exempted
by
the
Commission
pursuant
to
Section
6
12
B
4
of
this
Ordinance
f
n
Review
The
Applicant
shall
obtain
a
Design
Review
application
from
the
Planning
and
Zoning
Department
which
shall
be
responsible
for
the
overall
coordination
and
administration
of
the
Design
Review
Process
When
the
application
is
complete
the
Planning
and
Zoning
Department
shall
place
the
application
on
the
agenda
and
prepare
a
recommendation
to
th
e
Design
Review
Board
The
Planning
and
Zoning
Department
shall
determine
the
date
on
which
the
application
will
be
heard
by
the
Board
however
the
Board
shall
consider
the
application
and
Planning
and
Zoning
Department
recommendation
within
forty
five
45
days
from
the
date
of
submi
sion
of
a
completed
application
to
the
Planning
and
Zoning
Department
Desi
tiQn
for
lic
A
C
rd
The
Planning
and
Zoning
Department
shall
provide
the
Applicant
with
advance
notice
of
the
hearing
da
te
and
time
including
a
copy
of
the
agenda
and
the
recommendation
of
the
Department
The
Board
shall
approve
approve
with
conditions
or
deny
applications
D
D
The
Board
may
require
such
changes
in
said
plans
and
specifications
as
in
its
judgment
may
be
requisite
and
appropriate
to
the
maintenance
of
a
high
standard
of
architecture
as
established
by
the
standards
contained
in
this
Ordinance
and
as
specified
in
the
City
s
Comprehensive
Plan
and
other
specific
plans
adopted
by
the
City
of
Miami
Beach
pertaining
to
the
areas
identified
in
Section
18
2
B
I
Upon
approval
of
an
application
by
the
Board
the
Planning
and
Zoning
Director
or
his
authorized
representative
shall
stamp
and
Sign
three
3
sets
of
plans
Two
2
sets
of
plans
shall
be
returned
to
the
Applicant
who
may
then
submit
an
application
for
a
Building
Permit
The
remaining
approved
plans
shall
be
part
of
the
Board
s
official
record
and
shall
be
maintained
on
file
with
the
Planning
and
Zoning
Department
letter
informing
the
the
letter
shall
specify
The
Planning
and
Zoning
Department
shall
issue
a
Applicant
of
the
Board
s
decision
If approval
is
denied
the
reasons
for
denial
Em
An
Applicant
requesting
a
hearing
before
the
Board
shall
pay
upon
the
submission
of
an
application
to
the
Planning
and
Zoning
Department
a
fee
of
1
of
the
estimated
value
of
construction
but
not
less
than
50
00
or
in
excess
of
400
00
An
application
pertaining
only
to
Signs
shall
require
a
fee
of
50
00
An
application
pertaining
only
to
paint
shall
require
a
fee
of
15
00
If
a
deferment
or
clarification
hearing
is
requested
by
the
Applicant
an
additional
550
00
fee
shall
be
assessed
If
a
deferment
or
clarification
of
conditions
is
requested
by
the
Board
there
will
be
no
additional
fee
If
the
Applicant
removes
his
file
from
the
agendaafterithasbeenacceptedbythePlanningDepartmenttheCityshallretain50oftheapplicationfee86E
The above fee schedule is provided to defray the costs associated with the
Administration of this Section
F Clarification Hearin2
Should a question arise as to compliance with the conditions as outlined by the
Board a clarification hearing before the Board may be called at the request of
the Planning and Zoning Department or by the Applicant
G Buildin2 Permit Aoolication
1 The Applicant or his authorized agent shall make application for
a Building Permit The application shall include at a minimum the
two 2 sets of plans which were approved by the Board and
stamped and Signed by the Planning and Zoning Director or
his
authorized representative 2 No Building Permit Certificate of Occupancy
Certificate of Completion or Occupational License shall be issued unless all of
the plans including amendments notes revisions or modifications have
been approved by the Planning and Zoning Director Minor modifications
to plans that have been approved by the Board shall be permitted
when approved by the Planning
and Zoning Director 3 No Building Permit shall be issued for any plan
subject to Design Review except in conformity with the approved plans
The Applicant shall have up to one I year from the date of design plan
approval to obtain all necessary Building Permits required to proceed
with construction If the Applicant fails to obtain said Building Permit s
within the time period all staff and Board approvals shall be null and
void and the Applicant shall be required to re initiate the Design
Review process however an extension for cause not to exceed one 1 year
may
be granted by the Board 4 An Applicant may submit
an application for a Building Permit simultaneously with a design plan
review in order to expedite processing however no Building Permit shall be
issued until the final design plan has been stamped and signed by the
Planning and Zoning Director or his authorized
representative in accordance with
this Ordinance H Special Review Procedure For minor work that is visible from a public
way or work which affects the Exterior of the Building which
is associated with rehabilitations and additions to existing Buildings or the construction
repair or rehabilitation of new or existing walls At Grade Parking Lots
fences and Signs including change of copy the Planning and Zoning
Director or his designated representative upon the written authorization of the Chairperson
of the Design Review Board shall have the authority to approve approve
with conditions or deny an application on behalf of the Board The Director s decision
shall be based upon the criteria listed in Section 18 2 Any
appeal of the Planning and Zoning Director s decision shall be considered by
theBoardatthenextregularmeetingdate187
n
Review
Decisions
The
Applicant
or
the
Planning
and
Zoning
Department
may
appeal
any
decision
of
the
Design
Review
Board
to
the
City
Commission
The
appeal
shall
be
in
writing
and
submitted
to
the
Planning
and
Zoning
Director
within
twenty
20
days
of
the
date
on
which
the
Board
reached
a
decision
on
an
application
The
Planning
and
Zoning
Director
shall
place
the
appeal
on
the
City
Commission
agenda
within
thirty
30
days
of
receipt
of
the
appeal
A
1
I
In
order
to
reverse
amend
or
modify
any
decision
of
the
Design
Review
Board
the
City
Commission
shall
find
that
the
Design
Review
Board
acted
arbitrarily
and
capriciously
in
abuse
of
its
discretionary
powers
The
vote
to
reverse
amend
or
modify
shall
require
five
5
votes
from
the
City
Commission
2
Appeal
from
a
decision
of
the
City
Commission
shall
be
to
the
court
of
appropriate
jurisdiction
pursuant
to
the
laws
of
Florida
and
within
the
time
period
as
setforthinthoselaws1883
SECTION
19 HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT
REGULATIONS
19 1 INTENT It is hereby declared by the City Commission of the City of Miami
Beach that the preservation and conservation of properties of
historical architectural and archeological merit in the City is a public policy of the City of Miami Beach
and is in the interest of the City
s
future prosperity 19 2 PURPOSE The general purpose of these regulations is to
protect and encourage the revitalization of Sites and Districts within the City
having special historic architectural or archeological value to the public This general purpose
is reflected
in the following specific goals A The identification
of Historic Sites and Districts B The protection of such Historic Sites and
Districts to combat urban blight promote tourism foster civic pride and maintain physical
evidence of
the City s heri tage C The encouragement and
promotion of restoration preservation rehabilitation and reuse of Historic Sites and
Districts by providing technical assistance investment incentives and
facilitating the Development review process D The promotion of excellence in urban design by assuring
the compa tibili ty of restored rehabilitated or
replaced
Structures within designated
Historic Districts
19 3 SCOPE AND EXEMPTIONS A Scooe Unless expressly exempted by
Sub Section 19 3 B below no Building Permits
shall be issued for new construction Demolition Alteration rehabilitation signage or any other
physical modification of a Historic Site or District without the prior issuance ofaCertificateofAppropriatenessorCertificatetoDigbytheHistoric
Preservation Board in accordance with the procedures specified in this Section For purposes
of this Section Alteration shall be defined as any Daterial change in
the external features of any Historic Site or Improvement within a Historic District or to
the interior of any such Site or Improvement if the in terior f
ea tures
have been designated pursuant to this Section B Exemotions The following
permits are exempt from the regulations of this Section 1
All permits for plumbing heating air conditioning elevators fire
alarmsandextinguishingequipmentandallothermechanicalandelectrical191
equipment
not
involving
Exterior
facade
changes
or
construction
visible
from
the
public
right
of
way
or
a
designated
interior
Any
permit
necessary
for
the
compliance
with
a
lawful
order
of
the
Building
Official
Dade
County
Unsafe
Structures
Board
Fire
Marshall
or
Public
Works
Director
including
without
limitation
any
permit
necessary
for
the
immediate
public
health
or
safety 2
in
a
designated
Historic
from
the
District
Any
permit
issued
for
an
existing
Structure
District
which
has
been
specifically
excluded
3
There
is
hereby
created
a
Miami
Beach
Historic
Preservation
Board
for
the
purposes
of
carrying
out
the
provisions
of
this
Section
The
Board
shall
have
the
authority
to
recommend
the
designation
of
areas
places
Buildings
Structures
Landscape
Features
Archeological
Sites
and
other
Improvements
or
physical
features
as
individual
Sites
districts
or
archeological
zones
that
are
significant
to
the
City
s
history
architecture
archeology
or
culture
or
possess
an
integrity
of
location
design
setting
material
or
workmanship
in
accordance
with
the
goals
of
this
Section
HI
19
4
and
Dutie
Power
A
to
the
Planning
Board
Design
Review
Boa
rd
and
City
the
designation
of
Historic Sites or
Districts
shall Recommend
Commission
The
Board
1
Prepare
and
recommend
for
adoption
specific
guidelines
for
each
designated
Site
or
district
to
be
used
to
evaluate
the
appropriateness
and
compatibility
of
proposed
Alteration
or
Development
within
designated
Sites
or
districts
2
Issue
or
deny
Certificates
of
Appropriateness
and
Certificates
to
Dig
in
accordance
with
procedures
specified
in
this
Section
Recommend
to
the
City
Commission
whether
a
Certificate
of
Appropriateness
for
Demolition
should
be
issued
or
denied
pursuant
to
the
procedures
specified
in
Section
6
20
D
3
The
Historic
Preservation
Board
may
advise
the
Board
of
Adjustment
with
regard
to
Variances
associated
with
properties
designated
as
an
Historic
Site
or
within
a
local
Historic
District
or
on
National
Register
District
through
written
recommendation
to
be
read
into
the
record
by
the
Planning
and
Zoning
Director
at
the
Board
of
Adjustment
s
hearing
4
Facilitate
the
redevelopment
of
Historic
Sites
and
Districts
by
directing
the
Planning
and
Zoning
Department
and
other
City
departments
to
provide
advisory
and
technical
assistance
to
Property
Owners
Applicants
for
Certificates
of
Appropriateness
5
The
Board
shall
make
and
prescribe
by
laws
and
application
procedures
that
are
reasonably
necessary
and
appropriate
for
the
proper
administration
and
enforcement
of
the
provisions
of
this
Section
The
BoardshallprescribeformsforusebyApplicantswhenrequestingaction926
under this Section The Board may authorize anyone of its members to
administer oaths and to certify official documents
B Membershio
The Board shall be composed of nine 9 members There shall be a
member from each of the following categories an architect with practical experience
in the rehabilitation of Historic Structures an architectural historian with
a minimum of a Bachelor s Degree in architectural history or related field
and practical experience in the rehabilitation of Historic Structures a
professional engineer registered with the State of Florida a licensed real estate broker
or salesperson a representative from Dade Heritage Trust a representative
from the Miami Design Preservation League a person Holding an executive
position in a Miami Beach lending institution and two 2 additional members
at Iarge who own or manage commercial properties located in the
Miami Beach Architectural District or a locally designated Historic
Preservation District All members of the Board shall be residents of or have business interests
in the City of Miami Beach provided however that the City Commission
may waive these requirements in the event a Person not meeting these
requirements is available to serve on the Board and is exceptionally qualified by
training and experience in historic preservation matters All appointments shall be
made on the basis of civic pride integrity experience and interest in the field
of historic
preserva tion
C ADoointment Historic Preservation Board members shall be appointed by the
City Manager with the consent of the City Commission An eligibility list solicited
from the organizations listed below shall be considered by the City Manager
in selecting
Board members 1 American Institute of
Architects local chapter 2 American Society of
Landscape Architects local chapter
3 Miami Design Preservation League 4
Miami Beach Visitors and
Convention Authority 5 Miami Beach
Development Corporation 6
Miami Beach Board of Realtors
7 Dade Heritage Trust 8 Florida Engineer Society local chapter The term ofserviceontheHistoricPreservationBoardshallbetwo2yearsInorder
to provide continuity the members of the first Board appointed under this Section
shall be appointed as follows the architect the engineer and the
architectural historian shall be appointed for a two 2 year term
The remaining six 6 members shall each be appointed for one
1yeartermsThereaftereverymemberappointedshallserveatermoftwoyears193
D
Removal In
the
event
any
member
of
the
Board
fails
to
attend
three
3
consecutive
regularly
scheduled
meetings
and
or
workshops
comprised
of
the
entire
Board
without
due
cause
or
bona
fide
excuse
as
found
and
determined
by
a
majority
of
the
Board
said
member
shall
cease
to
be
a
member
of
the
Board Ouorum
A
quorum
shall
be
five
5
members
of
the
Board
Meetin2s
E
The
Historic
Preservation
Board
shall
meet
at
the
call
of
the
Chairperson
or
Planning
and
Zoning
Director
in
order
to
carry
out
the
provisions
of
this
Section
All
meetings
shall
be
open
to
the
public
and
shall
be
conducted
in
accordance
with
the
rules
and
regulati9ns
adopted
by
the
Board
F
The
Chairperson
and
Vice
Chairperson
shall
be
elected
from
the
members
of
the
Board
by
a
majority
vote
and
shall
serve
in
that
capacity
for
a
period
of
two
2
years
I
G
the
necessary
staff
The
Planning
and
Zoning
Department
shall
provide
to
assist
the
Board
in
the
performance
of
its
duties
2
Members
of
the
Board
shall
abide
by
the
applicable
provisions
of
Fla
Statutes
Ch
112
1987
as
amended
Metropolitan
Dade
County
Fla
Code
Ch
2
1987
and
Code
of
the
City
of
Miami
Beach
Ch
2
Art
III
1964
regarding
voting
conflicts
and
disclosures
of
financial
interests
H
19
5
nation
Pro
cedure
A
Requests
for
designation
of
an
individual
Historic
Site
or
District
may
be
made
to
the
Board
by
motion
of
the
Board
the
City
Manager
by
resolution
of
the
Planning
Board
or
City
Commission
by
any
Property
Owner
in
respect
to
his
own
property
by
a
majority
of
Property
Owners
of
record
within
a
proposed
district
by
resolution
of
the
Metropolitan
Dade
County
Historic
Preservation
Board
or
by
resolution
of
any
organization
whose
purpose
is
to
promote
the
preserva
tion
of
Historic
Si
tes
Desi
a
Proposals
for
designation
shall
include
a
completed
applicationformavailablefromthePlanningandZoningDepartment94b
c Fees
1 A request initiated by any entity other than the
City Commission a City Board or other City Official as set
out in Sec 19 5A l a for Site designation shall
include an application
fee of 200 00 2 A request initiated by any
entity other than the City Commission a City Board or other
City Official as set out in Sec 19 5A l a
for district designation shall include an
application fee
of 10 00 per platted Lot 2 Preliminary Review Upon receipt
of a completed application and fees if applicable the
Planning and Zoning Department shall prepare an evaluation and
recommendation for consideration by the Board After considering the Department s
recommendation a majority vote of the Board shall be necessary to direct
the Departmen t to
prepare a designa tion report 3 Desi2na tion Reoort The
designation report shall describe the historic architectural and or
archeological significance of the property proposed for Historical Site or
District designation recommend Evaluation Guidelines to be used by the
Board to evaluate the appropriateness and compatibility of proposed
Developments affecting the designated Site or district The designation report shall be presented to
the Board at
a public hearing
held during a regularly scheduled meeting 4 Public Hearin2 Notification
A public hearing on a proposed historic preservation designation shall
be conducted by the Historic Preservation Board within forty five 45 days
from the date a designation report has been filed The Property
Owners of record within the proposed designation area shall be notified by mail of
the public hearing at least fifteen 15 days in advance of the
hearing The area shall be posted which includes
a summary of the request within
fifteen 15
days of the public hearing B Criteria f9r Desi2nation 1 Mandatorv Criteria
a The designation of any individual Site or district
as an Historic Site or District requires
compliance with the
following criteria
1 Integrity of location design setting ma terials workmanship and association 2
Review Criteria a The designation of any individual Site or district as
an Historic
SiteorDistrictrequirescompliancewithatleastoneIofthefollowingcriteria195
Association
with
events
that
have
made
a
significant
contribution
to
the
broad
patterns
of
our
history
I
lives
of
Persons
the
Association
with
past
2
in
our
type
period
significant
Embody
the
distinctive
characteristics
of
a
or
method
of
construction
3
Possess
high artistic
values
4
master
Represent
a
significant
and
distinguishable
en
tity
whose
components
may
lack
individual
distinction
Represent
the
work
of
a
5
6
important
to
yield
information
Have
yielded
or
are
likely
in
pre
history
or
history
7
nation
rvation
Desi
Hi
C
mmendalion
If
the
Board
finds
the
proposed
designation
meets
the
intent
and
criteria
set
forth
in
this
Section
it
shall
transmit
such
recommendation
to
the
Planning
Board
and
the
City
Commission
along
with
the
designation
report
and
any
additions
or
modifications
deemed
appropriate
If
the
Historic
Preservation
Board
finds
that
the
proposed
designation
does
not
meet
the
intent
and
criteria
set
out
in
this
Section
no
further Board
action
shall
be
required
R
1
Upon
an
affirmative
recommendation
by
the
Historic
Preservation
Board
the
proposed
designation
shall
be
transmitted
to
the
Planning
Board
who
shall
process
the
proposed
designation
as
an
amendment
to
the
Zoning
Ordinance
in
accordance
with
the
procedures
specified
in
Section
14
Changes
and
Amendments
of
the
Zoning
Ordinance
2
Historic
Buildings
shall
be
listed
in
the
Miami
Beach
Historic
Properties
Database
as
it
may
be
revised
from
time
to
time
and
maintained
by
the
Planning
and
Zoning
Department
a
Non
historic
Buildings
which
are
located
in
a
locally
design
ted
Historic
District
or
Site
shall
be
listed
in
the
Miami
Beach
Historic
Properties
Database
which
may
be
revised
from
time
to
time
and
which is
maintained
by
the
Planning
and
Zoning
Department
b
No
Site
or
district
shall
be
designated
as
an
Historic
Site
or
district
except
by
a
five
sevenths
5
7
majority
vote
of
the
City
Commission
3
Upon
a
negative
recommendation
by
the
Historic
Preservation
Board
the
applicant
may
appeal
the
Board
s
decision
to
the
City
Commission
The
appeal
shall
be
filed
with
the
Planning
and
Zoning
Director
within
thirty
30
days
of
the
date
of
the
Board
s
decision
The
Board
s
decision
maybeoverturnedonlyuponafivesevenths57voteoftheCityCommission964
5 Reauests for
Permits If following a recommendation for historic preservation designation
by the Board at the public hearing a permit is sought for Demolition
new construction Alteration signage repair or other physical Alteration
or Development affecting any property within a proposed designation
area that permit shall not be issued for a period of up to but not more
than six 6 months or until one of the
following occurs a The proposed Historic Preservation designation is approved
by the City Commission and a Certificate of Appropriateness
is awarded by the Board pursuant
to Section 19 6 b The proposed Historic Preservation designation
is denied by
the City Commission or c The Applicant applies for an accelerated
approval of a Certificate of Appropriateness prior to the final
enactment of the Historic Preservation designation for the
proposed Site and such Certificate of Appropriateness has
been issued under the provisions of Section 19 6
and the Applicant has submitted a covenant running with the land
binding him to comply with all terms and conditions
of the Certificate of Appropriateness which will become void
should the
City Commission deny the designa tion 6 All Sites and districts designated
as Historic Sites and Districts shall be delineated on the City s
zoning map pursuant to Section 21 9 Maps of this Ordinance
as an Overlay District Such Sites and districts include a GU
HPS l Old City Hall 1130 Washington A venue Block 23
Ocean Beach Addition No 3 as recorded in
Plat Book 2 at Page 81 of the
Public Records of Dade County Florida b CCC HPS 2
21st Street Recreation Center 2100 Washington Avenue Beginning at intersection
of west right of way of Washington A
venue and south boundary of Collins Canal in Section
27 Range 42 east Township 53 south for point of beginning
then south 510ft west 165 ft north 45 to
west 115 ft north 160 ft west 140 ft north 70 ft
northeast along sou th boundary of Collins Canal 435 ft to
point of beginning c CD 2 RM l HPD l All properties fronting
or abutting Espanola Way including all of Blocks 2 A
and 2 B Espanola Villas Blocks 3 A 3 B 4
A 4 B 5 A 5 B
6 A 6 B 7 A and 7 B First Addition to
Espanola Villas and Lots 1 4 a re subdivision of that unnumbered
tract lying west of Blocks 7 A and 7 B
andEspanolaWayinFirstAdditiontoEspanolaVillasdMXEHPD2OceanDrivefrom5thto15thStreetsandCollinsAvenuefrom6thto16thStreetsand15thStreetfromOceanDrivetoCollinsAvenueexcludingthefollowingparcelsofland197
through
4
of
Harrison
Hayes
Subdivision
also
Those
portions
of
Lots
1
and
2
Block
77
Fishers
1st
Subdivision
of
Alton
Beach
lying
east
of
the
easterly
boundary
of Ocean
Drive
also
Lots
That
tract
of
land
beginning
at
the
northeast
corner
of
Block
77
Fishers
1st
Subdivision
of
Alton
Beach
thence
running
northeasterly
35
49
continuing
the
easterly
line
of
Block
77
Fishers
1st
Subdivision
of
Alton
Beach
thence
easterly
to
the
established
bulkhead
line
thence
southwesterly
following
the
established
bulkhead
line
to
the
northeast
corner
of
Lot
1
Harrison
Hayes
Subdivision
thence
westerly
along
the
northerly
line
of
Lot
1
Harrison
Hayes
Subdivision
to
the
southeast
corner
of
Block
77
Fishers
1st
Subdivision
of
Alton
Beach
thence
northeasterly
101
4
along
the
easterly
line
of
Block
77
Fishers
1st
Subdivision
of
Alton
Beach
to
the
point
of
beginning
GU
RS
3
RS
4
HPD
3
The
east
side
of
Collins
A
venue
to
the
Erosion
Control
Line
from
77th
Street
to
79th
Street
All
of
Blocks
5
6
11
and
12
of
Altos
Del
Mar
No
1
Subdivision
Those
properties
which
are
owned
by
the
State
of
Florida
or
the
City
of
Miami
Beach
shall
retain
their
GU
Government
Use
District
Zoning
designation
Those
properties
which
are
privately
owned
shall
retain
their
Single
Family
Zoning
District
classification
of
RS
3
or
RS
4
respectively
Development
within
the
Historic
District
whether
on
City
State
or
privately
owned
Lots
shall
be
reviewed
by
the
Planning
Board
and
approved
by
the
City
Commission
pursuant
to
the
Conditional
Use
procedures
as
set
forth
in
Section
17
3
of
this
Ordinance
e
is
required
when
not
Compliance
with
all
other
zoning
regulations
specifically
addressed
in
this
Section
7
9
6
A
Certificate
of
Appropriateness
issued
under
the
authority
of
the
Historic
Preservation
Board
shall
be
required
prior
to
the
issuance
of
any
permit
for
new
construction
Demolition
Alteration
repair
signage
or
other
physical
modification
or
Development
affecting
any
property
designated
under
the
provisions
of
this
Section
unless
the
permit
applied
for
is
exempted
pursuant
to
Section
19
3
B
A
Certificate
to
Dig
shall
be
required
prior
to
the
initiation
of
any
Development
involving
the
excavation
or
fill
on
a
Site
or
in
a
district
designated
as
archaeo1ogically
significant
pursuant
to
the
provisions
of
this
Section
The procedure
to
obtain
a
Certificate
to
Dig
or
to
designate
a
Site
as
architecturally
significant
shall
be
the
same
as
indica
ted
below
for
a
Certifica
te
of
Appropriateness
lication
An
application
foraCertificateofAppropriatenessmaybefiledwiththeBoardatthesametimeorinadvanceofthesubmissionofanapplicationforaBuildingPermit98AA
2 All applications involving Demolition new Building
construction additions to existing Buildings major renovation work or
substantial Alteration of a Historic Structure or Site shall be on a form provided
by the Board and shall include such information as the Board may
determine is needed to allow for complete evaluation of the proposed
Demolition construction and other physical Improvements Alterations
or modifications including but not limited to the
following a Written description of proposed
action b
Survey c Complete Site
Plan d Materials containing detailed data as to architectural
elevations and plans showing proposed changes and existing condi tions to
be
preserved e Preliminary plans showing new construction in cases
of Demoli
tion f A financial feasibility study of the new project in cases
of Demolition and a feasibility study for an existing Structure
which addresses the possibility of substantially renovating or
operating the existing Historic Structure Consideration of parking needs
and demands shall be addressed within the feasibility study as
well as alternative methods of providing parking The study will
also determine whether the retention of the Building would deny
the owner of all economically viable Uses of the
property B Review
Procedure 1 All applications involving Demolition new
Building construction additions to existing Buildings major renovation work
or substantial Alteration of a designated Structure or Site shall be placed on
the agenda of the Historic Preservation Board for its review
and consideration within sixty 60 days after the date of receipt
of
a completed application 2 The Board shall approve deny approve
with conditions or suspend action on all applications for a Certificate
of Appropriateness except for a Certificate of Appropriateness for Demolition
which shall be a recommendation from the Board to the City
Commission In any case the Board shall act on an application within sixty
60 days from the date of the receipt of a completed
submission Provided however that if specific revisions to an application
submission are requested by the Board the Board may have an additional
thirty 30 days in which to render a decision Upon the written
approval of the Applicant and by motion of the Board the review
period may be extended beyond the
maximum ninety 90 days provided for herein 3 Failure to render
a decision within the time limits specified herein provided all required
data have been submitted by the Applicant as required under
this Section shall constitute approval of the application except that
applications requesting a Certificate of Appropria teness for
DemolitionshallbeapprovedbytheCityCommission199
A
Certificate
of
Appropriateness
for
the
Demolition
of
designated
Historic
Buildings
Structures
Improvements
or
Sites
shall
only
be
considered
by
the
Board
following
a
public
hearing
Approximately
fifteen
15
days
prior
to
the
public
hearing
date
a
description
of
the
request
with
the
time
and
place
of
such
hearing
shall
be
posted
on
the
property
it
shall
be
advertised
in
a
paper
of
general
paid
circulation
in
the
community
and
notice
shall
be
given
by
mail
to
the
owners
of
record
of
land
lying
within
375
feet
of
the
property
Within
thirty
30
days
after
the
public
hearing
the
Historic
Preservation
Board
shall
submit
a
report
and
recommendation
to
the
City
Commission
The
City
Commission
may
approve
a
recommendation
of
the
Historic
Preservation
Board
by
a
simple
majority
vote
but
shall
require
a
vote
of
five
sevenths
5
7
of
all
members
of
the
Commission
to
overrule
a
Historic
Preserva
tion
Board
recommendation
of
denial
for
a
Certificate
of
Appropriateness
for
Demolition
The
City
Commission
s
decision
shall
be
rendered
following
a
public
hearing
according
to
the
p
ocedures
and
notification
requirements
as
set
forth
in
this
subsection
4
All
applications
for
Certificates
of
Appropriateness
involving
Exterior
structural
repairs
and
minor
physical
Improvements
or
Alterations
as
may
be
more
specifically
defined
by
the
Board
in
its
By
Laws
and
Application
Procedures
shall
be
reviewed
by
the
staff
of
the
Board
The
staff
shall
approve
approve
with
conditions
or
deny
a
Certificate
of
Appropriateness
or
a
Certificate
to
Dig
within
thirty
30
days
from
the
date
of
receipt
of
a
completed
submission
the
Applicant
may
agree
to
an
extension
of
this
review
time
5
In
the
case
of
a
denial
of
an
application
by
the
staff
the
Applicant
may
request
consideration
of
the
completed
application
by
the
Historic
Preservation
Board
which
shall
proceed
to
review
the
application
in
accordance
with
the
procedures
set
forth
in
Section
19
6
B
The
Board
may
concur
modify
or
reverse
the
staff
s
decision
6
Failure
to
render
a
decision
within
the
time
limits
specified
herein
provided
all
required
data
have
been
submitted
by
the
Applicant
as
required
by
the provisions
of
this
Section
shall
constitute
approval
of
the
application
a
The
approval
of
a
Certificate
of
Appropriateness
or
a
Certificate
to
Dig
shall
not
excuse
the
Applicant
of
responsibility
to
comply
with
all
other
zoning
and
building
laws
and
regulations
of
the
City
County
and
State
including
the
receipt
of
applicable
zoning
Variances
Site
Plan
Approvals
and
Building
Permits
except
as
provided
for
in
Section
19
4
7
riatene
s
A
decision
on
an
application
for
a
Certificate
of
Appropriateness
shall
be
based
upon
evaluation
of
the
compatibility
of
the
physical
Alteration
or
Improvement
with
and
adherence
criteria
for
designation
or
listed
in
this
Section
ro
A
rtificates
J
1
c
Where
by
reason
of
particular
Site
conditions
and
restrain
ts
or
beca
use
of
unusual
circumstances
applicable
to
a
particular
Applicant
s
Structure
strict
enforcement
of
the
provisions
of
this
Section
wouldresultinanundueeconomichardshiptotheApplicanttheBoardshallhavethe9102
power to vary or modify the prOVISIons in this Section including
adherence to the adopted Evaluation Guidelines
3 An approved Certificate of Appropriateness together with any
conditions or limitations imposed by the Board shall be in written form
and attached to the Site Plan and or the schematics submitted as part of
the applications Copies of the Certificate shall be kept on file with
the Board and shall be transmitted to the Building Official The
Applicant shall receive a copy of the Certificate of
Appropriateness 4 After consideration of the Historic Preservation Board
s recommendation the City Commission may grant stay for a fixed period of time
or deny an application for a Certificate of Appropriateness for Demolition
of a Historic Structure as provided in Section 19 6
C 6 After considera tion of the Historic Preservation
Board s recommendation the Commission may grant or stay for a period not to
exceed one 1 year an application for a Certificate of Appropriateness
for Demolition of a non Historic Structure under the procedures set
forth in Section 19 6 C 6 Should the Commission grant a stay
for Demolition the length of such a stay shall be
determined by the Commission based upon the relative significance of the Structure
and the probable time required to arrange a possible alternative to Demolition
The effective date of the stay shall be from the
date of the Historic Preservation
Board s public hearing 5 Certificate of Appropriateness
for Demolition a Demolition of a historically designated Building Structure Improvement
or Site may occur pursuant to an order of a
government agency or a Court of appropriate jurisdiction or if granted
pursuant to an application by the owner for a
Certificate of Appropriateness for the
Demolition of a designated Historic Building Structure Improvement or
Site b Government agencies having the authority to demolish
unsafe Structures shall receive notice of historic
designation of individual Buildings Structures Improvements or Sites
districts or Archeological Sites pursuant to this Ordinance The Historic
Preservation Board shall be deemed an interested party and shall be
entitled to receive notice of any public
hearings conducted by such government agency regarding Demolition
of historically designated Structures or Buildings The Board
may make recommendations and suggestions to the government agency and the owner
s relative to the feasibility of and the
public interest in preserving the historically designated Structure or Building
c No permit for voluntary Demolition of a historically designated
Building Structure Improvement or Site shall be issued to the
owner s thereof until an application for a
Certificate of Appropriateness for Demolition has been submitted and approved
pursuant to the procedures in this Ordinance Refusal by
the City Commission to grant a Certificate of Appropriateness
for Demolition shall be evidenced by written order detailing the
public interest which is sought to be preserved
In determining their recommendation the Historic Preservation Board shall be
guided by the criteria contained in subsection 19 6 C
5dAfteraDemolitiondenialorduringaDemolitiondelayperiodthe1911
Historic
Preservation
Board
and
or
the
City
Commission
may
take
such
steps
as
it
deems
necessary
to
preserve
the
Structure
concerned
in
accordance
with
the
purposes
and
procedures
of
this
Ordinance
Such
steps
may
include
but
shall
not
be
limited
to
consultation
with
civil
groups
public
agencies
and
interested
citizens
recommendations
for
acquisition
of
property
by
public
or
private
bodies
or
agencies
and
exploration
of
the
possibility
of
moving
one
or
more
Structure
or
other
feature
Evaluation
Criteria
The
City
Commission
and
the
Historic
Preservation
Board
shall
consider
the
Miami
Beach
Historic
Properties
Database
a
listing
of
historic
and
non
historic
properties
as
approved
by
the
City
Commission
in
the
following
locally
designated
districts
Ocean
Drive
Collins
A
venue
Espanola
Way
and
Altos
del
Mar
as
a
guideline
in
determining
whether
a
Certification
of
Appropriateness
for
Demolition
should
be
issued
The
City
Commission
and
the
Board
shall
also
consider
the
following
criteria
in
evaluating
applications
for
a
Certificate
of
Appropriateness
for
Demolition
of
designated
historic
Buildings
Structures
lmprovements
or
Sites
d
The
Building
Structure
Improvemen
t
or
Si
te
is
designa
ted
on
either
a
national
state
or
local
level
as
an
historic
preservation
district
or
an
architectural
landmark
or
Site
I
The
Building
Structure
Improvement
or
Site
is
of
such
design
craftsmanship
or
material
that
it
could
be
reproduced
only
with
great
difficulty
and
or
expense
2
The
Building
Structure
Improvement
or
Site
is
one
of
the
last
remaining
examples
of
its
kind
in
the
neighborhood
the
county
or
the
region
3
The
Building
Structure
Improvement
or
Site
contributes
significantly
to
the
historic
character
of
a
historically
designa
ted
district
4
Retention
of
the
Building
Structure
Improvement
or
Site
promotes
the
general
welfare
of
the
City
by
providing
an
opportunity
for
study
of
local
history
architecture
and
design
or
by
developing
an
understanding
of
the
importance
and
value
of
a
particular
culture
and
heritage
5
If
the
proposed
Demolition
is
for
the
purpose
of
constructing
a
parking
garage
the
Board
shall
only
consider
it
if
the
parking
garage
is
designed
in
a
manner
that
is
consistent
with
the
Secretary
of
the
Interior
s
Standards
for
Rehabilitation
and
Guidelines
for
Rehabilitating
Historic
Buildings
U
S
Department
of
the
Interior
1983
as
amended
and
or
the
design
review
guidelines
for
that
particular
district
If
the
District
in
which
the
property
is
located
lists
retail
Uses
as
an
allowable
Use
then
the
ground
floor
shall
contain
such
Uses
At
Grade
Parking
Lots
shall
not
beconsideredunderthisregulation9126
7 There are definite plans for reuse of the property if
the proposed Demolition is carried out and the effect of
those plans on the character of the Historic
District 8 The Dade County Unsafe Structures Board has
ordered the Demolition of a Structure without option or
the feasibility study determines that the retention of the
Building would deny the owner of all economically viable Uses
of
the property e The Historic Preservation Board may require a marker
on the property which provides the historic background of
the Structure f Fees the below fees are for the purpose of
defraying expenses of public notices and other administrative costs in
connection with processing applications for a Certificate of
Appropriateness
for Demolition 1 400 00
pi us 50 per mailing address 2 If an Applicant withdra ws
this application prior to the da te of the public hearing
and requests a new hearing date a new fee is required The
fee is to defray the costs of scheduling the
new public hearing to notify the Property Owners of
the cancellation of the original public hearing
and establishment of the revised hearing date 3 If
an Applicant withdraws an application prior to an advertised
public hearing one half of the
fees paid shall be retained by the City 6 No Building Permit
shall be issued by the Building Official which
affects any
historically designated property without a Certificate of Appropria teness 7 All
work performed pursuant to the issuance of any Certificate
of Appropriateness shall conform to the requirements of the Certificate The Building
Official is designated as the Individual to assist the Board
by making necessary inspections in connection with enforcement of this Ordinance and
shall be empowered to issue a stop work order if performance
is not in accordance with the issued certificate or this Ordinance No work
shall proceed as long as a stop work order continues in effect
Copies of inspection reports shall be furnished to the Historic Preservation Board
and copies of any stop work orders both to
the Historic Preservation Board and the Applicant The Building Official shan be
responsible for ensuring that any work not in accordance with
an issued Certificate of Appropriateness shall be corrected to comply
with the
Certificate of Appropriateness prior to withdrawing the stop work order
8 For the purpose of remedying emergency conditions determined to
be dangerous to life health or property nothing contained
herein shall prevent the making of any temporary construction reconstruction or other repairs to
a Building or Site pursuant to an order of a government agency
or a court of competent jurisdiction The owner of a Building damaged
byfireornaturalcalamityshallbepermittedtostabilizethe1913
to this
iately
without
City
Commission
approval
and
later
date
under
the
procedures
as
set
forth
in
Building
immed
rehabilitate
at
a
Ordinance
the
Historic
Preservation
Board
Any
Person
appearing
before
the
Historic
Preservation
Board
on
an
application
for
a
Certificate
of
Appropriateness
shall
be
administered
the
following
oath
by
any
Person
duly
authorized
under
the
laws
of
Florida
to
administer
oaths
In
proceedings
before
a
9
I
hereby
swear
under
oath
that
any
and
all
testimony
to
be
given
by
me
in
this
proceeding
is
the
truth
the
whole
truth
and
nothing
but
the
truth
so
help
me
God
Any
Person
giving
false
testimony
before
the
Historic
Preservation
Board
shall
be
subject
to
the
maximum
penalty
provided
by
law
Upon
the
withdrawal
or
final
denial
of
an
application
for
a
Certificate
of
Appropriateness
for
Demolition
from
the
Historic
Preservation
Board
and
or
City
Commission
a
new
application
cannot
be
filed
within
six
months
of
the
date
of
the
withdrawal
or
denial
unless
however
the
decision
of
the
Historic
Preserva
tion
Board
and
or
City
Commission
taking
any
such
final
action
is
made
without
prejudice
An
application
may
be
withdrawn
without
prejudice
by
the
Applicant
as
a
matter
of
right
if
such
request
is
signed
by
the
Applicant
and
filed
with
the
Planning
and
Zoning
Department
prior
to
the
giving
of
any
notice
required
by
this
Ordinance
otherwise
all
such
requests
for
withdrawal
shall
be
with
prejudice
save
and
except
that
the
Historic
Preservation
Board
and
or
City
Commission
may
permit
withdrawals
without
prejudice
at
the
time
the
application
for
such
Certificate
of
Appropriateness
is
considered
by
such
Board
and
or
Commission
provided
further
that
no
application
may
be
withdrawn
after
final
action
has
been
taken
b
After
a
request
for
a
Certificate
of
Appropriateness
has
been
properly
considered
by
the
Board
and
or
City
Commission
the
Applicant
shall
record
in
the
public
records
of
Dade
County
the
action
and
conditions
if
any
No
Building
Permit
Demolition
permit
Certificate
of
Occupancy
Certificate
of
Completion
or
licensing
permit
shall
be
issued
until
the
recordation
has
been
complied
with
Prior
to
recordation
the
City
Attorney
shall
approve
the
instrument
Only
the
Historic
Preservation
Board
and
or
the
City
Commission
is
empowered
to
release
conditions
assuming
the
condition
is
no
longer
applicable
c
erties
Nothing
in
this
Section
shall
be
construed
to
prevent
the
ordinary
maintenance
or
repair
of
any
Exterior
elements
of
any
Building
or
Structure
which
does
not
involve
a
change
of
design
appearance
or
material
and
which
does
not
require
a
Building
Permit
or
Certificate
of
Appropriateness
for
Demolition
However
any
doubts
as
to
the
applicability
of
this
provision
shall
be
resolved
by
the
Code
Enf
orcemen
t
Boa
rd
1914D
A Building Structure Improvement or Site that is the subject of an application
for a Certificate of Appropriateness for Demolition shall not have its
architectural features removed or destroyed Owners of such property shall be
required to maintain such properties in accordance with all applicable codes up
to the time the Structure is demolished
The owner of a designated historic Structure or any Structure within a Historic
District if such Structure is vacant and uninhabited shall provide sufficient
maintenance and upkeep for such Structure to ensure its perpetuation and to
prevent its deterioration
19 7 HISTORIC PRESERVATION BOARD AND DESIGN REVIEW
BOARD JOINT REVIEW
OF PROJECTS A In those instances where a designated Site or district is also
under the jurisdiction of the Design Review Board see Section 18
of the Ordinance requests for a Certificate of Appropriateness shall be reviewed
by a joint meeting of the Design Review Board and the Historic
Preservation Board s architect architectural historian and one 1 at large member
to be selected by the Historic Preservation Board Application requirements
shall be pursuant to Section 19 6 C 9 b and c
Appeals resulting from decisions of this combined Board shall
be
pursuant to Section 18 2 of the Ordinance 19 8 APPEAL A Any
Person affected by a decision of the Historic Preservation Board may appeal such
decision within
30 days of the Board s action pursuant to the
fOllowing procedures 1 Appeals relating to design issues not Demolition issues
associated with a Certificate of
Appropriateness shall be decided by the Design Review Board pursuan t to
Section 18 2 2 Appeals pertaining to Historic District or
Site designation shall be to the court of appropriate
jurisdiction after
the City Commission has approved or disapproved such designation pursuant to Section
14 Changes and Amendmen ts 3 All appeals with the exception
of those pertaining to Historic
District or Site designation shall be filed in the Planning and Zoning Department
which shall process the request B An aggrieved party or the Applicant
for the Certificate of Appropriateness for Demolition may appeal the City
Commission s decision to the court of appropriate
jurisdictionprovidedsuchanappealisfiledwiththeCourtpursuanttotheFloridaRulesofAppellateProcedure1915
SECTION
20 PS PERFORMANCE STANDARD
DISTRICT 20 1 ESTABLISHMENT OF
DISTRICT AND DIVISIONS The PS Performance Standard District is hereby established as shown
on the map designated as the City of Miami Beach Zoning District Map The PS
district consists of all land in the Redevelopment Area and consists of five
5 districts including a Residential Performance Standard R PS District
a Commercial Performance Standard C PS District a Residential Limited Mixed Use Performance
Standard M PS District each of which is further subdivided based upon the type and
density or intensity of permitted Uses a GU Government Use District and
MR Marine Recreation District
20 2 DISTRICT PURPOSE
AND SUBDISTRICTS A Residential Performance Standards The Residential Performance
Standards Districts are designed to accommodate a broad spectrum of medium
low to high density residential Development including Townhome
Development and multiple Family Development pursuant to performance standards which control
the permissible type and density of residential Development
Performance standards development will allow for modification of
requirements affecting certain individual Lots greater flexibility particularly for
large scale Development and incentives for provision of certain amenities
and for conformance with specified objectives thereby encouraging more flexible
and innovative design and Development in accordance with the goals and objectives
of the
Comprehensive Plan and the Redevelopment Plan In order to adequately and properly
distinguish among the permissible types and densities of residential Development
the Redevelopment Area is
divided into the
following residential
districts R
PS I
R PS 2
R PS 3 R
PS 4 Medium
Low Density Medi
um Densi ty Medium
High Density High Densi ty B Commercial Performance Standards
The Commercial Performance Standards Districts are designed to accommodate a range of business Commercial
office and Hotel Uses as well as medium to
high density residential Development pursuant to performance standards which control the
permissible type density or intensity and mix of Development
Performance standards Development will allow for modification of requirements affecting
certain individual Lots greater flexibility particularly for large scale Development
large commercial medium to high density residential and mixed Use Developments in phases
over time where the overall Development at a single point in time or in a
single instance by private owners would not be practical providing
incentives for provision of certain amenities and for conformance
with specified objectives thereby encouraging more flexible and innovative design and Development
in accordance with the goals and
objectivesoftheComprehensivePlanandtheRedevelopmentPlan201
In
order
to
adequately
and
properly
distinguish
between
types
densities
and
intensities
of
Uses
and
mix
of
permitted
commercial
Development
in
the
Redevelopment
Area
districts
are
divided
as
follows
C
PS1
Limited
Mixed
Use
Commercial
C
PS2
General
Mixed
Use
Commercial
C
PS3
Intensive
Mixed
Use
Commercial
C
PS4
Intensive
Mixed
Use
Phased
Bayside
Commercial
C
Residential
Limited
Mixed
Use
Performance
Standards
The
Residential
Limited
Mixed
Use
Performance
Standards
District
is
designed
to
accommodate
the
new
construction
of
light
Commercial
office
and
public
uses
as
well
as
low
density
residential
Development
pursuant
to
performance
standards
which
control
the
permissible
type
density
or
intensity
and
mix
of
Development
Performance
standards
Development
will
allow
for
modification
of
requirements
affecting
certain
individual
Sites
greater
flexibility
particular
1
y
for
large
scale
Development
light
commercial
low
density
residential
and
mixed
Use
Developments
in
phases
over
time
where
the
overall
Development
at
a
single
point
in
time
or
in
a
single
instance
by
private
owners
would
not
be
practical
providing
incentives
for
provision
of
certain
amenities
and
for
conformance
with
specified
objectives
thereby
encouraging
more
flexible
and
innovative
design
and
Development
in
accordance
with
the
goals
and
objectives
of
the
Comprehensive
Plan
and
the
Redevelopment
Plan
In
order
to
adequately
and
properly
distinguish
between
types
densities
and
in
tensi
ties
of
Uses
and
mix
of
permitted
mixed
Developmen
t
in
the
Redevelopment
Area
the
RM
PSl
Residentail
Limited
Mixed
Use
Development
is
established
20
3
USE
REGULATIONS
A
Uses
Permitted
Bv
Ri2ht
Uses
Permitted
bv
Conditional
Use
Permit
and
Uses
Not
Permitted
No
Building
Structure
or
land
shall
be
Used
or
occupied
except
as
a
main
permitted
Use
a
Conditional
Use
or
an
Accessory
Use
to
a
main
permitted
Use
in
accordance
with
the
Table
of
Permitted
Uses
A
Use
in
any
district
denoted
by
the
letter
PH
is
a
Use
permitted
by
right
in
such
district
or
subdistrict
provided
that
all
requirements
and
performance
standards
applicable
to
such
Uses
have
been
met
A
Use
in
any
district
denoted
by
the
letter
C
is
permissible
as
a
Conditional
Use
in
such
district
or
subdistrict
provided
that
all
requirements
and
performance
standards
applicable
to
such
Use
have
been
met
and
provided
that
all
requirements
of
Section
17
3
of
the
Zoning
Ordinance
have
been
met
A
Use
in
any
district
denoted
by
the
letter
N
is
not
permitted
in
such
district
or
subdistrict
Uses
permitted
by
right
as
a
Conditional
Use
or
as
an
Accessory
Use
shall
be
subject
to
all
Use
regulations
and
performance
standards
contained
herein
and
to
such
other
regulations
as
may
be
applicable
including
Site
Plan
review
and
design
review
Uses
not
listed
in
the
Table
of
Permitted
Uses
are
not
permitted
in
the
district
or
subdistrict
Notwithstanding
any
provision
of
this
Section
no
Use
is
permitted
on
a
parcel
whether
listed
by
right
as
a
Conditional
Use
or
as
an
Accessory
Use
in
such
district
unless
it
can
be
located
on
such
parcel
in
full
compliance
with
alloftheperformance202
standards and other requirements of the Zoning Ordinance applicable to the
specific Use and parcel in question
B Table of Permitted Uses
General Use R PS 1 2 R PS 3 4
C
PS RM PS 1 Category 1
2 3 4 Single Family
P P
P P Townhome
Apt Hotel not permitted Apartmen
t Apartmen t Hotel Hotel
N P P
N Commercial N N P
P 8 of
Floor Area Institutional C C
C C 1 25 of Floor Area Accessory P P
P P P Main Permitted Use C Conditional Use N Not Permitted Floor Area in the M
PS 1 District refers to total Floor
Area in project Commercial Uses in RM PSl limited to stores and restaurants For purposes of
this Section Filling Stations and any Use that sells gasoline or automotive or related
repair Uses
are considered as industrial Uses and are not permitted in the Redevelopment
Area C Suoolemental Re2ulations as to Non Conformin2 Uses Lots
and Structures 1 AoolicabiIitv Non conforming Uses Lots and Structures shall
be subject to the regulations contained
in Section 13 of this Ordinance and the additional and supplemental regulations prescribed
herein 2 Building Permit or other permit s
shall be issued by the City for rehabilitation of a Non conforming
Structure or Use a If no other Building Permit
or City permit for repair or rehabilitation has been issued during the
Preceding calendar year b When the cost of rehabilitation is less
than fifty 50 percent of the Dade County tax assessed
valuation of the Structure or fifty 50 percent
of the replacement value as determined by the Dade
County Property Appraiser whichever is greater and the
Structure meets all applicable standards of the Miami Beach Property Maintenance Standards
the South Florida Building Code and Fire Prevention and
Safety Code as determined by an on Site inspection and no damaged
and subsequently repaired unit shall contain less than
the Floor Area requirements as set forth in the Zoning District in which
the Structure is located c When the cost of rehabilitation
isequaltoorgreaterthanfifty50percentoftheassessedvaluationoftheStructureorfifty203
50
percent
of
the
replacement
value
as
determined
by
the
Dade
County
Property
Appraiser
whichever
is
greater
and
the
Structure
meets
all
applicable
standards
of
the
Miami
Beach
Property
Maintenance
Standards
and
the
South
Florida
Building
Code
as
determined
by
an
on
Site
inspection
and
not
less
than
eighty
five
85
percent
of
all
Apartment
Units
in
the
Structure
s
shall
have
a
minimum
gross
Floor
Area
of
750
square
feet
or
greater
and
not
more
than
fifteen
15
percent
of
the
Apartment
Units
in
the
Structure
s
shall
have
a
minimum
gross
Floor
Area
of
not
less
than
400
square
feet
unless
a
Variance
is
granted
pursuant
to
Section
16
of
this
Ordinance
A
Non
conforming
Structure
shall
not
again
be
used
except
in
conformity
with
the
regulations
of
the
PS
Districts
if
such
Non
conforming
Structure
is
unused
as
of
the
Effective
Date
of
this
Ordinance
and
either
3
The
Structure
has
remained
idle
or
unused
for
a
continuous
period
of
six
6
months
a
The
Structure
has
remained
idle
or
unused
for
18
months
during
any
three
3
year
period
whether
or
not
the
equipment
or
Fixtures
are
removed
b
E
ST
ANDARD
REGULA
TIQNS
ral
Reauirement
No
Building
Structure
or
land
shall
be
used
or
occupied
except
in
conformance
with
the
performance
standards
applicable
to
the
Use
and
subdistrict
as
set
forth
in
the
applicable
Table
of Performance
Standards
The
purpose
of
the
performance
standards
is
f
A
20
4
to
provide
detailed
regulations
by
means
of
minimum
criteria
which
must
be
met
by
all
Uses
in
order
to
ensure
Development
consistent
with the
goals
and
objectives
of
the
Comprehensive
Plan
and
the
Redevelopment
Plan
1
to
protect
the
integrity
of
the
Comprehensive
Plan
and
the
Redevelopment
Plan
and
the
relationships
between
Uses
and
densities
that
are
essential
to
the
viability
of
these
Plans
and
the
Redevelopment
Area
and
2
to
promote
and
protect
the
public
health
safety
and
general
welfare
by
requiring
all
Development
to
be
consistent
with
the
land
Use
circulation
and
amenities
components
of
the
redevelopment
element
of
the
Comprehensive
Plan
and
thecapitalimprovementsprogramfortheareaasspecifiedintheComprehensivePlan2043
1 B Table of Residential Performance
Standards Residential
Subdistricts Performance Standard R PSI R PS2 R PS3 R
PS4 Minimum Lot
Area 10 000 10 000 10 000
10 000 Minimum Lot
Width 1 00 ft 100 ft 100
ft 100 ft Required
Open Space Ratio
60 65
70 70 Maximum Building
Height None None None
None Base FAR
without bonus 75 1
0 1
25 1 5 Maximum FAR with 1 5
1 75 2 00 2 25 bon us
Minimum Floor Area Per
700 650 600 550 Apartment Unit square feet Minimum Average Floor
950 900
850 800
Area Per
Apartment
Unit square feet Minimum Floor Area Per N
A N A 15 300 15
300 Hotel Unit square feet 335 sq
ft 335 sq ft 85 335 85 335 sq ft sq ft 2 3 4
5 6 7 8 9 10 Minimum Parking Pursuant to
Section7ofZoningOrdinanceandSection204KRequirementherein11MinimumOffStreetLoadingSignsSuitesHotelPursuanttoSection622ofZoningOrdinancePursuanttoSection75ofZoningOrdinance1213PursuanttoSection9ofZoningOrdinanceThemaximumFARincreaseabovethebaseFloorAreaRatioisachievedbyusingtheDesignBonusprovisionsaslistedinSection624ofthisOrdinance205
Rear
of
Side
Facing
a
Street
3
R
PS1 2
3
4
Side Interior
2
C
Setback
Requirements Front
1
Non
oceanfront
Lots
5
feet
Oceanfront
Lots
20
of
Lot
Depth
feet
minimum
50
5
or
5
of
Lot
Width
whichever
is
greater
5
or
5
of
Lot
Width
whichever
is
greater
0
if
Lot
Width is
50
or
less
20
a
At
Grade
Parking
Lot
below
Building
Non
oceanfront
Lots
0
feet
Oceanfront
Lots
20
of
Lot
Depth
50
feet
minimum
5
or
5
of
Lot
Width
whichever
is
greater
5
or
5
of
Lot
Width
whichever
is
greater
0
if
Lot
Width
is
50
or
less
20
b
Subterranean
Non
oceanfront
Lots
10
of
Lot
Depth
Oceanfront
Lots
20
of
Lot
Depth
50
minimum
Sum
of
the
Side
Yards
shall
equal
16
of
Lot
Width
Min
7
5
or
8
of
Lot
Width
whichever
is
greater
Sum
of
the
Side
Yards
shall
equal
16
of
Lot Width
Min
7
5
or
8
of
Lot
Width
whichever
is
greater
20
c
Pedestal
Non
oceanfront
Lots
15
of
Lot
Depth
Oceanfront
Lots
25
of
Lot
Depth
75
minimum
Sum
of
the
Side
Yards
shall
equal
16
of
the
Lot
Width
Min75or8ofLotWidthwhicheverisgreaterTherequiredPedestalsetbackplus10theheightoftheTowernottoexceed50feet20620lforeverylincreaseinheightabove50toamaximumof50thenshallremainconstantdTower
D Table of Commercial Performance Standards
Performance Standard C PSI
Commercial Subdistricts
C PS2 C PS3 C PS4
1 Minimum Lot
Area 10 000 10 000 10 000
10 000 2 Minimum Lot Width 100
ft 1 00 ft
100 ft 100
ft
3 Maximum Building Height None None None None 4 Base
FAR without bonus 1 0 2 0 2 5 2 5 5
Maximum FAR with 2
0 2 5 3
5 3 5 bonus 6 Residential
Development Pursuan
t Pursuan t
Pursuan t Pursuant to to
all R to all R
to all R all
R PS4
PS2 PS3 PS4
district district district
district regulations
regula tions regula
tions
regulations except except maximum maximum Floor Area Floor Area Ra tio
shall Ra tio shall
be 3 5 and be 3 5 and Open
Space Open Ratio 60
Space measured
at Ratio
60
or above measured Grade at or above
Grade 7 Minimum Floor Area Per
15 300 335 sq ft 85 335 sq ft in all districts Hotel Unit square
feet 8 Minimum Parking RequirementsPursuant to Section 7 of Zoning
OrdinanceandSection204HRequirementherein9MinimumOffStreetLoadingSignsPursuanttoSection7ofZoningOrdinance10PursuanttoSection9ofZoningOrdinanceThemaximumFARincreaseabovethebaseFloorAreaRatioisachievedbyusingtheDesignBonusprovisionsaslistedinSection624ofthisOrdinance207
E
Setback
Requirements
C
PS1
2
3
4
Side
Facing a
Street
3 Side
Interior
2
Front
1
Rear
o
feet
10
feet
when
abutting
a
residential
district
otherwise
5
feet
unless
separated
by
a
Waterway
otherwise
none
o
feet
10
when
abutting
a
residential
district
unless
separated
by
a
Street
or
Waterway
otherwise
none
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
o
feet
10
when
abutting
a
residential
district
otherwise
none
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6 5
o
feet
o
feet
a
Subterranean
b
Pedestal
and
Tower
non oceanfront
25
of
Lot
Depth
75
minimum
Commercial
Uses
10
feet
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
Commercial
Uses
10
feet
Residential
Uses
shall
follow
the
RM
1
2
3
setbacks
See
Section
6
5
Pedestal
15
feet
Tower
20
feet
I
for
every
I
increase
in
height
above
50
to
a
maximum
of
50
then
shall
remain
constant
c
Pedestal
and
Tower
oceanfront
If
If
located
on
the
same
Lot
as
the
main
Structure
the
above
setbacks
shall
apply
primary
Use
the
setbacks
are
listed
in
Section
6
2
B
14
d
Parking
Lots
and
Garages
Area
Ra
tio
Setbacks
When
more
than
25
of
the
total
area
of
a
Building
in
a
C
PS
District
is
used
for
residential
or
Hotel
Units
any
floor
containing
such
units
shall
follow
the
R
PSl
2
3
4
setback
regulations
Calculation
of
Setbacks
and
Floor
s
Mixed
Use
Buildin
F
FAR
When
more
than
25
of
the
total
area
of
a
Building
in
a
C
PS
District
is
used
for
residential
or
Hotel
Units
the
FAR
range
shall
follow
the
Floor
Area
Ratios
as
follows
in
the
C
PS1
District
the
FAR
as
set
forth
in
the
R
PS1
DistrictintheCPS2DistricttheFARassetforthintheRPS2DistrictintheCPS3DistricttheFARassetforthintheRPS3DistrictintheCPS4DistricttheFARassetforthintheRPS4District2082
G Table of Residential Limited Mixed Use Performance Standards
Mixed Subdistricts
Performance Standard RM PSl
1 Minimum Site
Area 120 000 2
Minimum Site Width 350
ft 3 Required Open
Space Ratio 60 4
Maximum Building Height 60
ft 5 Base FAR
without bonus 75 6
Maximum FAR with bonus
1 5 7 Minimum
Floor
Area Per 600 Apartment Unit square feet
8 Minimum Average
Floor Area 1200 Per Apartment Unit square feet
9 Minimum Floor Area Per
Hotel N
A Unit
square feet 10 Minimum Parking Pursuant
to Section 7 of Zoning Ordinance and
Section 20 4 M
Requirement herein 11 Minimum Off
Street Loading
Pursuant to Section 7 5
of Zoning Ordinance 12
13 Signs Pursuant
to Section 9
of Zoning Ordinance Suites Hotel
N
A H Setback Reauirements RM PSl 2 Side Interior 2 feet
when approved by the Design Review Board otherwise Section 20 4 C applies See Section
20 4 C 1 Front Rear Side yard Facing Street I Performance Standard Bonuses Floor Area Ratio
bonuses may be accumulated by meeting one or more of the criteria
as set forth in Section 6 23 provided
thatinnoeventshallanyUsebepermittedanincreaseinFloorAreaRatiosoastoexceedthemaximumFloorAreaRatiospecifiedintheapplicableTableofResidentialCommercialPerformanceStandardsorResidentialLimitedMixed209
Use
Performance
Standards
except
through
the
Use
of
Transfer
of
Development
Rights
as
set
forth
in
Subsection
20
5
herein
Minimum
ReQuired
Yards
in
Relation
to
Minimum
Ooen
Soace
Ra
tio
In
all
cases
except
as
otherwise
provided
herein
an
Applicant
shall
comply
with
both
minimum
Required
Yard
and
minimum
Open
Space
requirements
Where
the
minimum
Open
Space
Ratio
results
in
greater
required
Open
Space
at
Grade
than
that
required
by
the
minimum
Yards
requirements
alone
the
Applicant
shall
provide
not
less
than
50
of
the
difference
in
the
form
of
Open
Space
at
Grade
J
The
Open
Space
Ratio
may
include
Open
Space
on
roof
top
decks
which
are
less
than
fifty
50
feet
above
Grade
except
that
in
the
C
PS4
and
RM
PSI
Districts
the
Applicant
shall
provide
not
less
than
25
of
the
difference
in
the
form
of
Open
Space
at
Grade
At
least
25
of
the
roof
top
deck
shall
constitute
living
landscape
material
Open
Space
above
Grade
may
be
in
the
form
of
recreational
facilities
above
the
Pedestal
portion
of
the
Building
Required
Yards
and
Open
Space
whether
at
or
above
Grade
may
not
be
utilized
for
parking
or
Accessory
Structures
except
as
set
forth
above
and
in
Section
7
6
H
in
the
regulations
for
Temporary
Parking
Lots
however
at
Grade
drives
in
the
C
PS3
District
shall
be
permitted
within
Required
Yards
and
Open
Sp
ace
when
said
drives
are
not
less
than
7
feet
from
the
property
line
Required
Yards
and
Open
Space
whether
at
or
above
Grade
in
the
C
PS4
and
RM
PS1
Districts
may
also
be
utilized
for
drives
and
Off
Street
Parking
Spaces
except
that
if
drives
are
ramped
they
shall
be
at
least
seven
and
one
half
7
feet
from
the
front
property
line
and
not
more
than
ten
10
feet
or
one
level
above
Grade
at
their
highest
point
the
total
length
of
an
elevated
drive
shall
not
exceed
forty percent
40
of
that
portion
of
the
Lot
facing
the
adjacent
Street
Required
Yards
adjacent
to
Biscayne
Bay
in
the
C
PS4
District
may
be
utilized
for
open
and
unenclosed
decks
platforms
planters
canopies
canvass
type
Awnings
baywa1ks
or
removable
furniture
such
as
tables
and
chairs
Required
Side
Yards
in
the
C
PS4
District
may
have
public
walkways
that
are
partially
covered
in
Develo
Residen
tiat
K
ment
in
Section
7
7
forth
Fee
Program
as
set
Impact
the
Parking
See
trict
1
25
parking
spaces
per
Apartment
Unit
1
parking
space
per
Hotel
Unit
and
2
5
parking
spaces
per
1
000
square
feet
of
commercial
space
Up
to
forty
percent
40
of
the
total
parking
spaces
created
on
the
Premises
may
be
for
compact
cars
Required
parking
for
Hotel
Hotel
Accessory
Uses
and
club
Uses
may
be
satisfied
through
the
provision
of
valet
parking
spaces
Twenty
percent
20
of
Apartment
Unit
parking
spacesmaybesatisfiedthroughtheprovisionofvaletparkingspaces2010CPS3andulationsReParkinlementaIuL
Parking spaces shall be sized in accordance with the following chart
Parkin2 An2le Standard Soaces 90
8
6
Wide
18
0
Long
60 8
6
Wide 18
0
Long 45 8 6 Wide 18 0 Long Parallel 8 6
Wide 23
0
Long
Handicapped
12
0
Wide
18
0
Long Access aisles shall be provided in accordance with the following chart
Size Car Standard Standard Standard Compact Compact Compact
Standard Compact Angle of Parking Width
of
Aisle Width
of
Aisle
Width
of
Aisle
One
Way
Traffic
Two
Way
One
Way
Traffic
Double
Loaded
Traffic
Double
Single
Loaded
Loaded
90
60 45 90 60 45 Parallel Parking 23
0 feet 11 8 feet 9 5 feet 20 0 feet
9 5 feet 9 2 feet 10 0 feet 23 0 feet 19 3
feet 18 5 feet 21 0 feet 19 0 feet 18 7
feet200feet230feet127feet108feet200feet103feet106feet100feetMSuoolementalParkingRe2ulationsRMPS1District165parkingspacesperApartmentUnitandoneIparkingspaceper1000squarefeetofanynonresidentialuseUptotwelvepercent12ofthetotalparkingspacescreatedonthePremisesmaybeforvaletparkingspaces2011
SECTION
21 ADMINISTRA
TION
21 1 ENFORCEMENT A It shall be the duty of the Planning and Zoning Department
and the Code Enforcement Division to enforce the provisions of this Ordinance
and to refuse to approve any permit for any Building or for the Use of
any Premises which would violate any of the provisions of this Ordinance
The Building Official shall enforce those provisions of the Ordinance which
delegate specific powers and duties to that individual It shall also be the duty of
all officers and employees of the City to assist these Departments by reporting
to them any seeming violation in new construction reconstruction
or land Uses B The City s Planning and Zoning Director Building
Official and Code Enforcement Division Chief are authorized where
deemed necessary for enforcement of these regulations to request the execution of
an
agreement for recording C In case any Building is erected constructed reconstructed
altered repaired or converted or any Building or land is used in violation of
this Ordinance the City s Planning and Zoning Director Building Official
and Code Enforcement Division Chief or the City in their behalf is authorized and
directed to institute any appropriate action to put an end
to such violation D For purposes of inspection and upon presentation of
proper credentials the City s Planning and Zoning Director Building Official
and Code Enforcement Division Chief or their authorized representatives may enter
at any reasonable time any Building Structure or Premises for the
purpose of determining whether this Ordinance is being violated In the event
violations of this Ordinance are found on a given Premises the Building Official
and the Code Enforcement Division Chief or their authorized
representative are empowered to issue Notices of Violation to the owner of said Premises and
to any Persons responsible for creating or maintaining the
violations Additionally the Building Official may stop work on projects which violate
this Ordinance with respect to materials work Grades Use or other regulations
or provisions thereof
21 2 VIOLATIONS AND PENALTIES A Any person firm or corporation who shall violate or fail
to comply with any of the provisions of this Ordinance or with any of
the requirements thereof or who shall build or alter any Building in violation of
any detailed statement or plan submitted and approved hereunder shall
be brought before the Code Enforcement Board of the City of Miami
Beach The Code Enforcement Board may assess fines and impose liens as provided in Chapter
9B of the Miami Beach City Code and Chapter 162 Florida
Statutes I 987 and amendments thereto The owner or owners of any Building
or Premises or part thereof where anything in violation of these regulations shall be
placed or shall exist and any agent Person or corporation employed
in connection therewith and who has assisted in the commission of any such violation may
be guilty of a separate offense
andmaybefinedashereinbeforeprovided211
PERMITS
AND
PLOT
PLANS
A
Building
Permit
shall
not
be
issued
for
any
Building
or
Structure
to
be
erected
constructed
altered
moved
converted
extended
enlarged
or
used
or
for
any
land
or
water
to
be
used
except
in
conformity
with
the
provisions
of
this
Ordinance
A
21
3
A
license
or
permit
shall
not
be
issued
by
any
Department
Agency
or
Official
of
the
City
of
Miami
Beach
for
the
Use
of
any
Premises
or
the
operation
of
any
business
enterprise
occupation
trade
profession
or
activity
which
would
be
in
violation
of
any
of
the
provisions
of
this
Ordinance
B
Wh
re
this
Ordinance
requires
the
submittal
of
Site
Plans
said
Site
Plans
shall
contain
all
of
the
information
required
by
applicable
laws
and
ordinances
governing
the
approval
of
subdivisions
and
in
addition
shall
show
the
following
A
21
4
The
proposed
title
of
the
project
and
the
name
of
the
engineer
architect
or
landscape
architect
and
the
developer
and
date
scale
The
northpoint
2
boundaries
The
boundaries
of
the
property
involved
all
existing
easements
section
lines
and
property
lines
existing
Streets
Buildings
Waterways
watercourses
or
lakes
and
other
existing
physical
features
in
or
adjoining
the
project
Existing
zoning
and
zoning
district
3
4
The
location
and
sizes
of
sanitary
and
storm
sewers
water
mains
culverts
and
other
underground
Structures
in
or
near
the
project
s
if
any
The
location
dimensions
and
character
of
construction
of
proposed
Streets
Alleys
driveways
curb
cuts
entrances
and
exits
loading
areas
including
numbers
of
parking
and
Loading
Spaces
outdoor
lighting
systems
storm
drainage
and
sanitary
facilities
in
zoning
Proposed
changes
6
7
setback
lines
and
playgrounds
Open
The
location
and
dimensions
of
proposed
Lots
easements
and
proposed
reservations
for
parks
Spaces
and
other
common
areas
8
and
to
Lot
Lines
of
all
proposed
exca
va
tions
accessory
and
ma
in
to
each
other
or
major
Location
with
respect
Buildings
and
Structures
9
may
be
ildings
ilding
or
Bu
Preliminary
plans
and
elevations
of
the
Bu
necessary
10
as
screenplantingandwallsfencesofallandmaterial212Locationheightlandscaping11
12 Location character size and height and orientation of proposed
Signs if
any 13 A tabulation of the total number of Apartment Units of
various types in the project and the over all project density in square feet of
Lot Area per Apartment Unit gross or net as required by
district regulations B The Planning and Zoning Director may establish additional
requirements for Site Plans and in special cases may waive a particular requirement if
in his opinion the requirement is not essential to a proper decision on
the project 21 5 CERTIFICATES OF OCCUPANCY
AND CERTIFICATE OF USE A No Building or Structure or part thereof or
Premises which are hereafter erected or altered or changed in occupancy or land upon
which a new or different Use is established shall be occupied or used
until a Certificate of Occupancy and Certificate of Use shall have been
applied for and issued B Certificates of Occupancy and Certificates of Use shall not
be issued until the Premises have been inspected and found to comply with
all requirements of the Code of the City of Miami Beach and of this
Ordinance and with the requirements of all other agencies having regulatory
authority over the project C A record of all Certificates of Occupancy issued hereunder shall
be kept on file in the office
of the Building Official D A record of all Certificates of Use issued hereunder shall be kept
on file in the office of
the Code Enforcement Division E All applications for Certificates of Occupancy shall
be approved or disapproved within
three 3 days following
application 21 6 INTERPRETATION PURPOSE AND CONFLICT A In interpreting and applying the provisions
of this Ordinance they shall be held to be the minimum requirements for
the promotion of the public safety health convenience comfort prosperity or general
welfare It is not intended by this Ordinance to interfere with or
abrogate or annul any easements covenants or other agreements between parties or
to repeal any provisions of the Miami Beach City Code Where the
regulations imposed by this Ordinance are more restrictive than those
imposed by any other ordinances rules regulations easements covenants or
agreements then this Ordinance shall supercede them however when any of the above
are more restrictive than this Ordinance then the more restrictive provision shall govern
to the extent necessary to give effect to its provisions When there are
different regulations one general and one more specific both of which may apply to a
given subject the more specific one shall govern regardless of whether it be part of
the City Code or this Ordinance
and regardless of the date of enactment B If because of error or omission in the
Zoning District Map any property in the City of Miami Beach is not shown as being
in a zoning district the classifica tion of such property shall be classified
RS l Single
FamilyResidentialDistrictuntilchangedbyamendment213
Designation
of
Zoning
Districts
and
Overlay
Zones
shall
be
on
the
Official
Zoning
Map
The
Official
Zoning
Map
shall
indicate
the
location
of
Zoning
Districts
and
Overlay
Zones
The
below
tables
explain
the
symbols
used
for
each
designa
tion
MAPS A
21
7
lanalion
of Ex
USE
Single
Family
Residential
Single
Family
Residential
Single
Family
Residential
Single
Family
Residential
Multiple
Family
Low
Intensity
Multiple
Family
Medium
Intensity
Multiple
Family
High
Intensity
Commercial
Low
Intensity
Commercial
Medium
Intensity
Commercial
High
Intensity
Convention
Center
District
Municipal
Use
Hospital
District
Industrial
Light
Marine
Recreational
Mixed
Use
Entertainment
Residential
Office
Townhome
Residential
Waterway
District
Waterway
District
Residential
Medium
Low
Density
Residential
Medium
Low
Density
Residential
Medium
High
Density
Residential
High
Density
Commercial
Limited
Mixed
Use
Commercial
General
Mixed
Use
Commercial
In
tensi
ve
Mixed
Use
Commercial
Intensive
Phased
Bayside
Residential
Limited
Mixed
Use Development
SYMBOL
RS I RS 2
RS
3 RS 4
RM
l RM 2 RM 3 CD
I CD 2 CD 3 CCC
GU
HD I
I
MR
MXE
RO
TH
WD
l
WD
2
R
PS1
R
PS2
R
PS3 R
PS4
C
PSI
C
PS2
C
PS3
C
PS4
RM
PS
Except
as
otherwise
provided
in
Section
6
12
all
City
owned
properties
are
zoned
GU
although
they
may
not
be
designated
on
the
map
2
tricts
anduSites
Ex 3 Svmbol
nation
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District
Historic
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District
Historic
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be
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Official
ThedesignationofParkingImpactFeeDistrictsshallentitledParkingImpactFeeDistricts214B
C The Official Zoning Map and the Parking Impact Fee District Map shall be on
file and available to the public in the Office City Clerk and the Planning and
Zoning Department
D The area bounded by Alton Road Julia Tuttle Interchange and North Bay Road
shall be designated as a Townhome District TH if the proposed town home
development site contains a minimum of 44 000 sq ft of Lot Area
otherwise the property shall be designated as RS
4 Single Family E All Lots in Fisher Island which do not have a Zoning
District assignment are considered to be in the GC Golf
Course District classification F On June 7 1989 the City Commission approved
an option with the Hebrew Academy to exchange private land for a portion of
the Par 3 Golf Course At the exercise of the option the affected portion of the
Par 3 Golf Course C h31l automatically be zoned in the RM
l District Zoning classification The property that the City will obtain
shall
be zoned GU Government Use 21 8 VALIDITY A If any section
paragraph subdivision clause phrase or prOViSion of this Ordinance shall be declared by
a court of competent jurisdiction to be invalid the same shall not affect the validity of
this Ordinance as a whole or any part of provisions thereof other
than
the part so declared to be invalid 21 9 REPEALER Zoning
Ordinance No 1891
as amended is hereby repealed in its entirety 21 10 FORCE AND EFFECT
A This
Ordinance shall take effect on October 1
1989
ten days after
its adoption
on September
21 1989 PASSED and ADOPTED this 21st
day of
1989
ATTEST
1 tlM
7tfdLCityClerk1stReading97892rdtdfJAJllaifFORMAPPROVEDlEG18YDate1088Cf215