Zoning Ordinance 1891 (1971 - 1985)ZONING ORDINANCE
1891
CITY OF MIAMI BEACH
EFFECTIVE DATE
OCTOBER 1, 1971
As Amended through January 18, 1985)
Stanley H. Arkin
William E. Shockett
MAYOR
Malcolm H. Fromberg
COMMISSIONERS
Alex Daoud Ben Z. Grenald
Bruce Singer Sidney Weisburd
CITY MANAGER
Rob W. Parkins
CITY ATTORNEY
Arnold M. Weiner
ZONING ORDINANCE
MIAMI BEACI1, FLORIDA
Page
SECTION 1. TITLE 1.1
SECTION 2. DECLARATION OF PURPOSE 2.1
SECTION 3. DEFINITIONS 3.1
3 -1 General Rules of Construction 3.1
3 -2 Terms Defined 3.1
SECTION 4. ZONING DISTRICTS 4.1
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
5 -1 Compliance with Regulations Required 5.1
5 -2 Encroachment; Reduction of Lot Area 5.1
5 -3 Accessory Buildings, Prior Construction of 5.1
5 -4 Building Under Construction 5.2
5 -5 Outstanding Permits 5.2
5 -6 Tractor - Trailer, Trailer, Portable Dwelling Units 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
SECTION 6. SCHEDULE OF DISTRICT REGULATIONS 6.1
6 -1 RS -1, RS -2, RS -3, and RS -4
Single Family Residential Districts 6.1
6 -2 RM -14 Multiple - Family Low Density District 6.2
6 -3 RM -24 Multiple Family Medium Low Density District 6.3
6 -4 PUD Planned Unit Development Residential District 6.4
6 -5 RM -60 Multiple Family Medium Density District 6.6
6 -6 RM -100 Multiple Family Medium High Density District 6.8
6 -7 RM -125 Multiple Family High Density District 6.10
6 -8 C -1 Neighborhood Business District 6.11
6 -9 C -2 General Office District 6.14
6 -10 C -3 Central Business District 6.16
6 -11 C -4 Business District 6.21
6 -12 C -5 General Business District 6.23
6 -13 C -6 Intensive Commercial District 6.26
6 -14 RHI Hospital District 6.28
6-1.5 MR Marine Recreation District 6.28
6 -16 MU Municipal Use District 6.30
6 -17 IIM Hotel-Motel District 6.31
6 -18 CCC Convention Center District 6.32
6 -19 MD -1 Marine District 6.35
6 -20 MD -II Marine District 6.35
6 -21 NH Nursing Home District 6.37
I
1110, SECTION 7. SUPPLEMENTARY USE REGULATIONS 7.1
7 -1 Conditional Uses 7.1
7 -2 Control of Entrances and Exits 7.3
7 -3 Accessory Uses 7.4
7 -4 Performance Standards 7.8
SECTION 8. SUPPLEMENTARY YARD, AREA, HEIGHT
AND BULK REGULATIONS 8.1
8 -1 Supplementary Yard Regulations 8.1
8 -2 Corner Visibility 8.7
8 -3 Minimum Yard Regulations for
Multiple- Family Zoning Districts 8.7
8 -4 Lot Coverage for Multiple- Family Zoning Districts 8.10
8 -5 Mixed Use - Yards, Area and Bulk Requirements 8.12
8 -6 Oceanfront Properties - Minimum Yards 8.12
8 -7 Modification of Height Regulations 8.13
SECTION 9. PARKING REGULATIONS 9.1
9 -1 Parking Districts Established 9.1
9 -2 Off - Street Parking Required 9.1
9 -3 Off -Site Facilities 9.4
9 -4 Interpretation of Off - Street Parking Requirements 9.4
9 -5 Design Standards 9.5
9 -6 Parking in Front Yards 9.7
SECTION 10. OFF - STREET LOADING 10.1
10 -1 Off - Street Loading Required 10.1
10 -2 Interpretation of Off - Street Loading Requirements 10.2
10 -3 Design Standards 10.2
SECTION II. SIGNS 11.1
11 -1 General Sign Regulations
11 -2 Zoning District Sign Regulations
SECTION 12. NONCONFORMING STRUCTURES AND USES
12 -1 Nonconforming Use of Land
12 -2 Nonconforming Signs
12 -3 Nonconforming Use of Buildings
12 -4 Discontinuance of Nonconforming Uses
12 -5 Destruction of Nonconforming Uses
12 -6 Intermittent or Illegal Uses
12 -7 Existence of a Nonconforming Use
12 -8 Building Nonconforming in Height, Area, or Bulk
II
12.1
12.1
12.1
12.1
12.2
12.2
12.2
12.2
SECTION 13. BOARD OF ADJUSTMENT 13.1
13 -1 Membership 13.1
13 -2 Notification of Hearings 13.1
13 -3 Meetings and Records 13.1
13 -4 Determination of Jurisdiction 13.1
13 -5 Procedure 13.2
13 -6 Powers and Duties 13.2
13 -7 Stay of Work and Proceedings on Appeal 13.5
SECTION 14. ADMINISTRATION 14.1
14 -1 Enforcement 14.1
14 -2 Permits and Plot Plans 14.1
14 -3 Site Plans 14.1
14 -4 Certificates of Occupancy 14.3
SECTION 15. INTERPRETATION 15.1
15 -1 Interpretation, Purpose and Conflict 15.1
SECTION 16. CHANGES AND AMENDMENTS 16.1
16 -1 General 16.1
16 -2 Petition for Changes and Amendments 16.3
16 -3 Reconsideration of District Boundary Changes 16.4
16 -4 Withdrawal of a Petition 16.4
16 -5 Periodic Review 16.5
SECTION 17. PLANNING BOARD 17.1
17 -1 Composition 17.1
17 -2 Eligibility 17.1
17 -3 Meetings and Procedures 17.1
17 -4 Powers and Duties 17.1
SECTION 18. VIOLATIONS AND PENALTIES 18.1
18 -1 Violations and Penalties 18.1
SECTION 19. VALIDITY 19.1
19 -1 Validity 19.1
SECTION 20. CONFLICTING ORDINANCES REPEALED 20.1
20 -1 Conflicting Ordinances Repealed 20.1
SECTION 21. FORCE AND EFFECT 21 . 1
III21 -1 Force and Effect 21.1
1II
SECTION 22. MAPS 22.1
22 -1 Maps 22.1
SECTION 23. PS- PERFORMANCE STANDARD
DISTRICT REGULATIONS 23.1
23 -1 Short Title 23.1
23 -2 Definitions 23.1
23 -3 Establishment of District and Division 23.3
23 -4 District Purpose and Sub - Districts 23.3
23 -5 Use Regulations 23.4
23 -6 Performance Standard Regulations 23.7
23 -7 Development Rights Transfer 23.20
23 -8 Procedure for Review and Approval of Uses 23.21
in the Performance Standards District
2.3 -9 Administration 23.22
SECTION 24. DESIGN REVIEW REGULATIONS 24.1
24 -1 Purpose 24.1
24 -2 Scope of Review 24.1
24 -3 Applicability and Exemptions 24.2
24 -4 Design Review Board Powers and Duties 24.3
24 -5 Design Review Procedure 24.5
24 -6 Appeal 24.7
SECTION 25. FACADE REVIEW REGULATIONS 25.1
25 -1 Purpose 25.1
25 -2 Scope of Review 25.1
25 -3 Applicability and Exemption 25.1
25 -4 Criteria for Facade Review 25. 1
25 -5 Color Selection Procedure 25. 1
25 -6 Appeal 25.2
SECTION 26. TOWNHOME RESIDENTIAL DEVELOPMENT
REGULATIONS 26.1
26 -1 Purpose 26.1
26 -2 Uses Permitted 26. 1
26 -3 Districts Permitted 26. 1
26 -4 Filing Requirements 26.1
26 -5 Development Regulations 26.2
SECTION 27. HISTORIC PRESERVATION DISTRICT REGULATIONS 27. 1
27 -1 Purpose 27.1
27 -2 Definitions 27.1
27 -3 Scope and Exemptions 27.2
27 -4 I iistoric Preservation Board 27.3
27 -5 Designation of llistoric Preservation (HP) Districts 27.6
27 -6 Certificate of Appropriateness /Certificate to Dig 27.8
27 -7 Special Provisions 27.10
27 -8 Appeal 27.11
SECTION 28. ADULT CONGREGATE LIVING FACILITIES 28.1
28 -1 Purpose 28.1
28 -2 Mandatory Requirements 28.1
28 -3 Review Criteria 28.1
SECTION 29. LIQUOR CONTROL REGULATIONS 29.1
29 -1 General Provisions 29.1
29 -2 Permitted Districts and Standards 29.3
SECTION 30. DUNE OVERLAY REGULATIONS 30.1
30 -1 Location 30.1
30 -2 Purpose 30.1
30 -3 Compliance with Regulations 30. 1
30 -4 Uses and Structures Permitted 30.1
30 -5 Development Regulations 30.2
30 -6 Oceanfront Management Review Board 30.3
SECTION 31. PARKING OVERLAY REGULATIONS 31.1
31 -1 General Provisions
31 -2 Filing Requirements
31 -3 Development Regulations
SECTION 32 LANDSCAPE STANDARDS
31.1
31.1
31.2
32.1
32 -1 Purpose 32.1
32 -2 Scope of Review 32.1
32 -3 Applicability and Exemptions 32.1
32 -4 Elements of the Landscape Plan 32.2
32 -5 Landscape Plan Submission 32.2
32 -6 Minimum Landscape Standards 32.3
SECTION 33 HOTEL OVERLAY REGULATIONS 33.1
33 -1 Purpose 33.1
33 -2 Applicability 33.1
33 -3 Development Regulations 33.1
ZONING ORDINANCE AMENDMENT
MAILING LIST
The Development Services Department maintains a mailing list of persons interested in
receiving notification of amendments to the Zoning Ordinance. If you would like your name
placed on the mailing list, please fill out the portion of the sheet with your name and
address and mail your request to:
Name
Address
Development Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
The Planning Board from time to time considers amendments and revisions of the Zoning
Ordinance. If you have any suggestions on how this Ordinance may be improved, please send
them to:
Name
Address
Suggestion:
Miami Beach Planning Board
c/o Director of Planning
1700 Convention Center Drive
Miami Beach, Florida 33139
Thank You!!
VI
ZONING ORDINANCE
MIAMI BEACH, FLORIDA
ORDINANCE NO. 1891
SECTION 1
TITLE
AN ORDINANCE TO REGULATE AND RESTRICT THE ERECTION, RECONSTRUCTION,
ALTERATION, LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER,
FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER PURPOSES; TO REGULATE AND
RESTRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED
OR ALTERED, THE SIZE AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN
SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT BUILDING LINES
AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, AND THE DENSITY OF
POPULATION, AND FOR SAID PURPOSES TO DIVIDE THE CITY OF MIAMI BEACH INTO
DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED
TO CARRY OUT THESE REGULATIONS, AND FOR EACH SUCH DISTRICT TO IMPOSE
REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR CLASSES OF
TRADES, INDUSTRIES, RESIDENCES OR OTHER PURPOSES FOR WHICH BUILDINGS OR
OTHER STRUCTURES OR PREMISES MAY BE PERMITTED TO BE ERECTED, ALTERED
OR USED; TO PROVIDE A METHOD FOR AMENDMENT, SUPPLEMENT, CHANGE,
MODIFICATION AND REPEAL OF REGULATIONS, RESTRICTIONS AND BOUNDARIES;
TO PROVIDE A PLANNING BOARD AND PRESCRIBE ITS POWERS AND DUTIES,
MEETINGS AND PROCEDURES; TO PROVIDE A METHOD OF ADMINISTRATION; TO
PROVIDE A BOARD OF ADJUSTMENT AND PRESCRIBE ITS POWERS AND DUTIES, TO
PROVIDE SITE PLAN REVIEW REGULATIONS, APPLICABILITY AND EXEMPTIONS, AND
APPEAL; AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVISIONS
OF THIS ORDINANCE AND ALSO PROVIDE FOR ITS ENFORCEMENT AND REPEALING
ALL ORDINANCES IN CONFLICT.
This Ordinance shall be known and cited as the "Zoning Ordinance of Miami Beach,
Florida."
1.1
SECTION 2
DECLARATION OF PURPOSE
WHEREAS, by the provisions of Chapter 9837, No. 719 Special Laws of Florida, 1923,
authority is conferred upon the City of Miami Beach to establish districts or zones within its
corporate limits for the purpose of regulating the use of land and buildings, the height of
buildings, the size of open spaces surrounding buildings and 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 fire, panic, and other dangers; to
promote health and general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewerage, schools, parks and other public requirements,
to make and promulgate such regulations with reasonable consideration, among other things,
to the character of the district and its peculiar 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 of Miami
Beach, Florida:
2.1
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. Words and terms not defined herein shall be interpreted in accord with
their normal dictionary meaning and customary usage.
3 -2 Terrns Defined.
A. For the purpose of this Ordinance, certain terms and words are hereby defined.
1. ACCESSORY 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. ACCESSORY USE: A subordinate use 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.
3. 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
3.1
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 service 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.
Personal services means 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. Personal service does not include
medical services. The language above shall not preclude an applicant from
seeking conditional use approval contingent upon obtaining a valid State
license.
4. AGGREGATE AREA OR WIDTH: The sum of two or more designated areas
or widths to be measured, limited, or determined under these regulations.
5. ALCOI -IOLIC BEVERAGE: As defined by section 561.07 (7) Florida
Statutes.
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. APARTMENT: (See DWELLING UNIT.)
8. APARTMENT BUILDING: A building with or without resident supervision
occupied or intended to be occupied by more than two families living
separately and with separate cooking facilities in each unit.
9. APARTMENT HOTEL: A building containing both dwelling units and
sleeping units, under resident supervision which maintains an inner -lobby
through which all tenants must pass to gain access to the apartments or
units.
10. AWNING: A detachable, rooflike cover, supported from the walls of a
building for protection from sun or weather.
11. BALCONY; OPEN UNENCLOSED: A platform that projects from the wall
of a building and is enclosed by a parapet or railing, the long side of which
shall be open above the guard rail or parapet, and which serves only one
unit.
12. BAR: Any place devoted to selling or dispensing and drinking alcoholic
beverages, or any place where a sign is displayed indicating that alcoholic
beverages are obtainable for consumption on the premises.
13. BASEMENT: (See SUBTERRANEAN)
3.2
14. BEACI-IFRONT PARK AND PROMENADE: A revegetation program
including beach recreation structures which are primarily constructed of
wood and located on the dune. It is designed to permit the passage of
pedestrians over and across the dune in such a manner as to protect and
stabilize the dune, vegetation, and natural beach.
15. BEER: An alcoholic fermented beverage made from malt and hops.
16. BLOCK: That portion of a street between two intersecting streets.
17. BOARDING HOUSE: Same as ROOMING HOUSE.
18. BUILDING WIDTH: The width of the lot left to be built upon after the
required side yards are provided.
19. BUILDING: Any structure having a roof supported by columns or walls for
the shelter or enclosure of persons or property.
20. BUILDING OFFICIAL: CODE ENFORCEMENT DIRECTOR.
21. BULKHEAD LINE: An official line therefore established by the City of
Miami Beach and appropriately recorded - - includes HARBOR LINE.
22. CABANA: A structure usedas a bathhouse or a shelter directly associated
with a swimming pool or deck.
23. CABARET: A bar which provides entertainment and which may or may not
serve meals and which is accessory to a hotel, motel, motor lodge or other
building as provided in these regulations.
2.4. CAFE, OUTDOOR: A use associated with a restaurant that provides
exterior table service which shall be adjacent and attached to the main
structure.
25. CLINIC: An establishment where patients are not lodged overnight, but
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.
26. 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.
27. CARPORT: A canopy, rooflike structure, or shed, open on three sides and
attached to the main building for the purpose of providing shelter for one
or more motor vehicles.
28. CLUB, PRIVATE: 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
3.3
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 corporation
and such corporation's major purpose shall not be for the purpose of serving
alcoholic beverages to its members or others.
29. COMMERCIAL VESSEL: Every vessel which is used or operated for
commercial purposes on the navigable waters of the city; that is either
carrying passengers, carrying freight, towing, or for any other use.
30. COMPREHENSIVE PLAN: The document adopted by the City Commission
pursuant to the Local Government Comprehensive Planning Act of 1975
Chapter 163, Florida Statutes), presenting the principles, guidelines, and
standards for the orderly and balanced future economic, social, physical,
environmental, and fiscal development of the City.
31. CONDITIONAL USE: A use that would not be appropriate generally or
without restriction throughout a particular Zoning District, but would, if
controlled as to number, area, location, or relation to the neighborhood, be
appropriate.
32. COURT: An open space which may or may not have direct street access
and around which is arranged a single building or a group of related
buildings.
33. DENSITY: For the purpose of this Ordinance density refers to the total
number of dwelling units and /or sleeping units per gross acre of land
excluding platted streets and rights -of -way and submerged land seaward
from the established bulkhead line or where the bulkhead line is not
established then seaward of the mean high water line. The number of
perrnitted units per gross acre of land shall be rounded to the closest whole
number computed in the density calculation. For example:
7.0 - 7.4 = 7 permitted units
7.5 - 7.9 = 8 permitted units
34. DORMITORY: A residence or building providing sleeping accommodations
for students enrolled in a religious, educational, or business program who
occupy rooms on a contractual basis generally corresponding to the length
of the curriculum.
35. DRIVE -IN: A term used to describe an establishment designed or operated
to serve a patron while seated in an automobile parked in an off - street
parking space.
36. DWELLING: A building or portion thereof, designed or used exclusively for
residential occupancy, but not including trailers, mobile homes, hotels,
motels, motor lodges, boarding and lodging houses, tourist courts, or tourist
homes.
3.4
37. DWELLING, SINGLE- FAMILY:
excusively by one family.
38. DWELLING, MULTIPLE - FAMILY:
three or more families.
A building designed for or occupied
A building designed for or occupied by
39. DWELLING, TWO - FAMILY (DUPLEX): A building designed for or occupied
exclusively by two families.
40. DWELLING, SINGLE - FAMILY DETACHED: A single - family dwelling
surrounded by yards or other open spaces on the same lot.
41. DWELLING 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.
42. DWELLING UNIT, PORTABLE: Any vehicle designed so as to permit its
being used, as a conveyance, upon the public streets and highways,
containing a plumbing system suitable for connection to an external
sewerage system and constructed in such a manner so as to permit
occupancy thereof for dwelling or sleeping purposes.
43. EROSION CONTROL LINE (ECL): It is the line determined in accordance
with the provisions of Florida Statutes 161.041 - 161.211 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,
Bays, Lagoons, and other tidal reaches thereof on the date of the recording
of the survey as authorized in Statute 161.181.
44. FALLOUT SHELTER: 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.
45. FAMILY: 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 unit in a dwelling.
46. FILLING STATION: Any building, structure, or land used for the retail sale
of motor vehicle fuels, oils, and accessories, and the servicing or repairing
of minor parts and accessories, but not including major repair work, such as
motor replacement, body and fender repair, or spray painting and excluding
public garages.
47. FLOOR AREA: The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the exterior face of a projection, the area of which is
included in the floor area calculation or from the centerline of walls
separating two attached buildings. Floor area includes space used for:
3.5
a. Elevator shafts or stairwells at each floor.
b. Mechanical equipment.
c. Penthouses.
d. Attic floor space, whether or not a floor has been laid, providing
structural headroom of seven feet, six inches or more.
e. Exterior corridors from which access is gained to dwelling and /or
sleeping units.
f. Interior halls, enclosed balconies or interior mezzanines.
g. Enclosed porches.
h. Accessory buildings.
i. Measured floor area less 180 square feet for a one -car capacity or
360 square feet for a two -car capacity private garage, attached or
detached, accessory to a single - family or two - family dwelling.
j. Any floor space used for residential use, no matter where located
within the building.
However, the floor area of a building shall not include:
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 less than seven feet, six inches.
d. Terraces, breezeways, or open porches.
e. Floor space used for required accessory off - street parking spaces.
f. Mechanical equiprnent rooms located above main roof deck.
g. Exterior unenclosed private balconies.
48. FLOOR AREA RATIO: The floor area of the building or buildings on any
lot divided by the area of the lot.
rn
0
0 0
o
4-1
4-1
N
U
100% Coverage
1y
10floors
50% Coverage
FLOOR AREA RATIO
Each example illustrated above
has a floor area ratio of 1.0
3.6
10/ Coverage
49. GARAGE, COMMUNITY: A building or a portion thereof, used for indoor
parking of private passenger vehicles by residents in the vicinity of said
building.
50. GARAGE, MECHANICAL: Any premise where vehicles are mechanically
repaired, rebuilt or constructed for commercial purpose.
51. GARAGE, PRIVATE: An accessory building designed or used for the
parking of private passenger vehicles by the occupants of the building to
which it is accessory.
52. GRADE: Grade shall be defined as the City sidewalk elevation at the
center line of the property. If there is no sidewalk, the Public Works
Department shall establish the City sidewalk elevations. The owner will
submit a current survey and other required documents to the Public Works
Department to aid in establishing sidewalk grade. The Public Works
Department will be required to give final approval of grade.
53. GROUP HOUSE: (TOWN HOUSE) A group or row of more than two
attached single - family dwellings, designed and built as a single structure,
facing upon a street or place.
54. GROUND - That portion of a building or structure which is equal to or less
than 20 feet in height above sidewalk elevation and is utilized solely and
exclusively for the purpose of parking, equipment, public spaces, access
ways, swimming pools, cabanas, lobbies, shops and offices, but under no
circumstances used for apartment units and /or sleeping units. Where a
subterranean level area, as described herein is utilized, the ground level
area shall be that portion of a building or structure above the subterranean
level area and equal to or less than 20 feet in height above the sidewalk
elevation.
55. GUEST HOUSE: Living quarters within a detached or semi - detached
accessory building located on the same lot with the main building for use
by temporary guests of the occupants of the premises, such quarters having
no kitchen facilities or separate utility meters and not rented or otherwise
used as a separate dwelling.
56. HEIGHT OF BUILDING: The vertical distance from the grade to a roof.
The highest point of the roof shall be determined by the following: (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.
57. HELIPORT: An area excluding docks, used or to be used for landing or
take -off of helicopters or other steep - gradient aircraft capable of
hovering, and may include any or all of the area or buildings which are
appropriate to accomplish these functions, including refueling and meets
with FAA approval.
3.7
58. HELISTOP, PRIVATE: An area, excluding docks, used or to be used for
landing or take -off of helicopters or other aircraft capable of hovering,
which are owned or controlled by the owner or occupant of the premises or
by guests or patrons of such owner or occupant; such private helistop does
not afford refueling, maintenance, or repair facilities and all tie -down or
hangar facilities are for the accommodation of a single aircraft.
59. HELISTOP, PUBLIC: An area excluding docks, used or to be used for
landing or take -off of helicopters or other aircraft capable of hovering,
which does not afford refueling, maintenance, or repair facilities, in which
tie -down facilities alone are available and for the accommodation of a
single aircraft, regardless of ownership or control, and which area is open
to use of any helicopter or other aircraft capable of hovering.
60. HOSPITAL: A building or group of buidings having room facilities for
overnight patients, used for providing services for the in- patient medical or
surgical care of sick or injured humans, and which may include related
facilities, central service facilities, and staff offices; provided, however,
that such related facility must be incidental and subordinate to the main
use and must be an integral part of the hospital operations. Hospital -
related facilities include Nursing Homes and Convalescent Homes or
Extended Care Facilities.
61. HOTEL: A building occupied or intended to be occupied generally by
transient residents with all residents occupying sleeping units and with
ingress and egress to and from all rooms made through an inside lobby
and /or office supervised by a person in charge at all times.
62. HOUSEBOAT: A watercraft designed for dwelling purposes which is
propelled by sail, motor or both.
63. HOUSEBARGE: 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.
64. INDIVIDUAL: Any person, corporation, firm, partnership, limited
partnership, association, joint stock association or business entity.
65. LIQUOR: 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.
66. LIVE ABOARD: Any person who utilizes a vessel as a temporary or
permanent place of abode or habitation. A person using a vessel during
parts of a day for recreation or entertainment, but not sleeping shall not be
deemed a live aboard.
67. LOADING SPACE: Space logically and conveniently located for bulk
pickups and deliveries, scaled to delivery vehicles expected to be used, and
accessible to such vehicles when required off - street parking spaces are
3.8
filled. Required off - street loading spaces are not to be included as off -
street parking spaces in the computation of required off - street parking
spaces.
68. LOT: A parcel of land of at least sufficient size to meet minimum zoning
requirements 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.
Lot of record shall mean a lot which is part of a subdivision, the map of
which has been recorded in the Office of the Circuit Court Clerk, or a lot
described by metes and bounds, the description of which has been recorded
in the Office of the Circuit Court Clerk. (See SITE)
69. LOT AREA: The total horizontal area within the lot lines of the lot.
70. LOT, CORNER: A lot abutting upon two or more streets at their inter-
section.
71. 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 structures, or portions thereof; provided, however,
that exterior unenclosed private balconies, awnings and porte - cocheres
shall not be included in determining the building area.
72. LOT DEPTH: The mean horizontal distance between the front and rear lot
lines.
73. 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 Code
Enforcement Director.
74. LOT FRONTAGE: The distance for which the front lot line and the street
line are coincident.
75. LOT, INTERIOR: A lot, other than a corner lot.
3.9
76. LOT, THROUGH (DOUBLE FRONTAGE): Any lot having frontages on two
parallel or approximately parallel streets.
77. LOT, KEY: An interior lot having its side lot Ines coincident on one or
both sides with the rear lot lines of adjacent lots.
78. LOT LINE: The boundary line of a lot. On waterfront lots the established
bulkhead line or, where the bulkhead line has not been established, the
mean high water shall be construed to be a lot line.
79. LOT WIDTH: The horizontal distance between the side lot lines measured
at the required front yard line and parallel to the front street line.
L
Lot STREET
Frontage
0
Lot
Lines
1
C0 I c
Lot
Width
Key Lot
Interior
Lot
c0
Corner
Lot
STREET
ILLUSTRATIONS OF LOT DEFINITIONS
3.10
Front)
Corner Interior
Lot Lot
Through
Lot
Key
Lot
Corner Interior
Lot Lot
Front) Front) Front)
ILLUSTRATIONS OF LOT DEFINITIONS
3.10
80. MARINA: A place for docking pleasure boats or commercial boats 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.
A yacht club shall be considered as a marina, but a hotel, motel, or similar
use, where docking of boats and provision of services thereto, is incidental
to other activities shall not be considered a marina, nor shall boat docks
accessory to a multiple dwelling where no boat - related services are
rendered.
81. MARINE DOCKAGE: Accessory use only - A place for docking of pleasure
boats.
82. 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 lot less than seven feet.
83. MOBILE HOME: (See PORTABLE DWELLING UNIT)
84. MOTEL, MOTOR COURT, TOURIST COURT, OR MOTOR LODGE: A
building occupied or intended to be occupied by transient residents
traveling by automobile, with all residents occupying sleeping units and
ingress or egress may or may not be through a common lobby or office that
is supervised by a person in charge at all times.
85. NIGHT CLUB: 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 40 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.
86. NONCONFORMING BUILDING OR STRUCTURE: A building or structure
or portion thereof existing at the effective date of this Ordinance, or any
amendment thereto, which was designed, erected or structurally altered in
such a manner that characteristics of the building or structure, other than
use regulations, do not meet the provisions of this Ordinance.
87. NONCONFORMING USE: The lawful use of land or a building or a portion
thereof, which use does not conform with the use regulations of the district
in which it is located.
88. NURSERY, DAY: Any establishment providing care of children not
members of the resident family during the day, but not overnight, including
nurseries for children of working mothers, kindergartens, and nursery
schools for children under the minimum age for admission to public schools,
or for after - school care of school children and other establishments of a
similar nature.
89. NURSING HOME: A State Licensed facility 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.
3.1 1
90. OPEN SPACE: That part of a lot, 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 dwelling unit on the lot. Open space shall, in
general, be available for entry and use by the occupants of the
building or buildings on the premises, but may include space located
and treated to enhance the amenity of the development by providing
landscaping, screening for the benefit of the occupants or neighboring
areas, or a general appearance of openness. Open space may include
water surfaces that comprise not more than 10 percent of total open
space.
91. OVERLAY DISTRICT: Constitutes a set of regulations which are
superimposed upon and supplement, but not replace, the underlying zoning
district and regulations otherwise applicable to the designated areas.
92. OVERLAY ZONE: The designation of a site within an Overlay District.
93. PARKING LOT, AUTOMOBILE: Open, or Enclosed, Non - Commercial
provided such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For purpose of this Section a
written agreement shall be construed as a Unity of Title and shall be
recorded in the Circuit Court.
94. PARKING LOT, COMMERCIAL: Any lot upon which space for the parking
of vehicles is provided for or offered to the general public for
compensation.
95. PARKING LOT, STORAGE: A landscaped at grade all weather surface or
gravel area, not in a street or alley, with a minimum area of 7,500 square
feet and a maximum area not to exceed 45,000 square feet that is
completely screened from public view through the placing of landscaped
materials and a solid wood fence or decorative masonry wall at grade level;
and, partially screened, from public view from adjoining properties at
elevations above grade, through the use of landscaped materials. Screening
and landscaping of the street, alley, interior, and rear perimeters shall be
pursuant to Section 9 -5, I -1 of this Ordinance. There shall be a minimum
five foot landscaped area between the fence or decorative mansonary wall
and the street or alley. Such landscaped areas shall include an underground
irrigation system with sprinkler heads located at 10 foot centers or hose
bibs at 50' intervals. The interior of the lot shall include at least one tree
on each and every individual 1000 square foot area or portion thereof. A
4 x 4 unpaved ground area shall surround the tree at the base of the trunk
and shall contain pervious ground material. A concrete curb shall surround
each 4 x 4 space. The use of such areas shall be exclusively reserved for
the temporary storage of new passenger vehicles provided no vehicle shall
3.12
exceed 2V2 tons in gross weight. Signs shall only be permitted in
commercial districts and in accordance with Section 11. Hours of
operation shall be 7:30 a.m. to 6:00 p.m.
96. PARKING SPACE, OFF - STREET: An all- weather surfaced area not in a
street or alley and having an area as required by Section 9 -5 of this
Ordinance exclusive of driveways, permanently reserved for the temporary
storage of one automobile and connected with a street or alley by an all -
weather surfaced driveway which affords ingress and egress for an
automobile without requiring another automobile to be moved.
97. PEDESTAL: That portion of a building or structure which is equal to or
less than 50 feet in height above sidewalk elevation. Where a ground level
and /or subterranean level area, as described herein, is utilized, the
pedestal level area shall be that portion of a building or structure above
the ground level area or subterranean level if no ground level is utilized,
and equal to or less than 50 feet in height above the sidewalk elevation.
No pedestal portion of a building shall contain more than five (5) floors,
except in those cases where the maximum clear height between finished
floor and finished ceiling for all floor levels except garage levels is 8'0 ",
provided the minimum height from finished floor to finished ceiling for
garage levels is 7'6 ".
98. PLANNING DIRECTOR: The Director of the Planning Department of the
City of Miami Beach, Florida.
99. PLANNING BOARD: The Planning Commission of the City of Miami
Beach, Florida.
100. PLEASURE CRAFT OR 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 navigable
water and which is equipped with a means of propulsion, in operating
condition, which is appropriate to the size and type of vessel.
101. PREMISES: A lot, together with all buildings and structures thereon.
102. PROMENADE LINKAGE: A structure constructed of wood which functions
as a stairway or ramp connecting the upland property to the Beachfront
Park and Promenade. Said structure shall conform to the design
specifications for the Beachfront Park and Promenade and shall be located
at points previously established by the Planning Department. All such
structures shall conform to the requirements of the Department of Natural
Resources, Division of Beaches.
103. RESIDENTIAL DISTRICT: Districts RS -1 through RM -125.
104. RESTAURANT: An establishment where refreshments or meals may be
purchased by the public and where the prirnary business is the serving of
food to be consumed on or off the premises.
3.13
105. ROOMING HOUSE: A building other than an apartment, apartment hotel,
hotel, motel, or motor lodge 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 exceeding 20 persons.
106. SAFETY BARRIERS: Safety barriers shall take the form of a screened -in
patio, a wooden or wire fence, a stone or concrete block wall or other
materials, so as to enable the owner to blend the same with the style or
architecture planned or in existence on the property.
The minimum height of the safety barrier shall be not less than four feet
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 enclosed area.
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 nonclimable and impenetrable.
The walls, whether of the stone or block type, shall be so erected to make
them nonclimable.
Where a wire fence is to be used, it shall be the two inch chain like or
diamond weave nonclimable type, or of an approved equal, with a top rail
and shall be of heavy galvanized material.
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.
107. SELF - SERVICE LAUNDRY: A business establishment equipped with
customer operated automatic washing machines having a capacity per unit
not exceeding twenty -five (25) pounds of dry clothing.
108. SERVANTS' QUARTERS: Living quarters within a portion of a main
building or in an accessory building located on the same lot with the main
building, used for servants employed on the premises, such quarters having
no kitchen facilities or separate utility meters, and not rented or otherwise
used as a separate dwelling unit.
109. SERVICE STATION: (See FILLING STATION)
110. SIDEWALK CAFE: A use associated with a restaurant that has exterior
table service which is not attached or adjacent to the main structure and
where prepared food and /or beverages is delivered to and /or placed on
warming and /or cooling facilities for consumption on the premises. It is
characterized by shade structures limited to covered porches, canvas,
umbrellas, wood trellises, wood gazebos, or chickees which are
predominantly open on all sides and in which tables and chairs are either
wholly or partially placed under.
3.14
111. SIGN: An identification, description, illustration, or device which is
affixed to or represented directly or indirectly upon a building, structure,
or land and which directs attention to a place, activity, product, person,
institution, or business.
112. SIGN 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.
113. SIGN, AWNING: Any sign painted, stamped, perforated or stitched on an
awning, canopy, roller curtain or umbrella.
114 SIGN, 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.
115. SIGN, DOUBLE - FACED: A sign with two parallel, or nearly parallel,
faces, back to back and located not more than 24 inches from each other.
116. SIGN, ESTABLISHMENT - 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 information:
a. The name of the owner, occupant, and /or management of the use
b. The address of the use.
c. The kind of business and /or the brand name of the principal
commodity sold on the premises.
d. 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.
117. SIGN, 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.
118. SIGN, 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.
3.15
119. SIGN, GENERAL ADVERTISING: Any sign which is not an accessory sign
or which is not specifically limited to a special purpose by these
regulations.
120. SIGN, ILLUMINATED: Any sign designed to give forth artificial light or
designed to reflect light from one or more sources of artificial light
erected for the purpose of providing light for the sign.
121. SIGN, MARQUEE: Any sign attached to or hung from a marquee. For the
purpose of this Ordinance, a marquee shall be as defined in the Code of the
City of Miami Beach.
122. SIGN, PROJECTING: A sign which is attached to and projects more than
12 inches from the face of a wall of a building. The term projecting sign
includes a marquee sign. A projecting sign which extends more than 36
inches above a roof line or parapet wall shall be designated as a roof sign.
123. 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 roof line or
parapet wall of a building.
124. SITE: A parcel of land considered as a unit or capable of being occupied by
a use permitted in this Ordinance. A site which is used to calculate
setbacks, density, or floor area for a given use occupying such site, cannot
be subdivided and sold or leased or otherwise utilized except as permitted
by the Zoning Ordinance. A site must also possess a continuous or
unbroken boundary that is, a site cannot be divided by a public street,
right -of -way, private street, or waterway.
125. SITE PLAN: A drawing illustrating a proposed development and prepared
in accordance with the specifications of Section 7.
126. SLEEPING UNIT: A room, or group of rooms, with one access to the
corridor, 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 and without cooking facilities.
127. STORY: That portion of a building, other than a basement or mezzanine,
included between the surface of any floor and the surface of the floor next
above it; or, if there be no floor next above it, then the space between such
floor and the ceiling next above it.
128. STREET: A public thoroughfare which affords the principal means of
access to abutting property.
129. STREET LINE: The right -of -way line of a street.
130. STRUCTURAL ALTERATION: Any change, except for repair or
replacement, in the supporting members of a building or structure, such as
bearing walls, columns, floor or roof joists, beams or girders.
3.16
131. STRUCTURE: 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.
132. SUBTERRANEAN: That portion of a building or structure which is equal to
or less than 7 feet in height above sidewalk elevation and is utilized solely
and exclusively for the purpose of parking and equipment. 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.
133. SWIMMING POOL: COMMERCIAL: A commercial pool is any
conventional pool, spa type pool, wading pool, or special purpose pool, as
per State of Florida, Department of Health and Rehabilitation Standards,
serving any type of structure or group of structures of four (4) or more
dwelling units.
134. TOURIST RESIDENCE: A dwelling containing one dwelling unit for use of
the manager and a number of sleeping units or suites of rooms, where
lodging is provided with or without meals.
135. TOWER: That portion of a building or structure greater than 50 feet in
height.
136. TOWNHOME RESIDENTIAL DEVELOPMENT: A grouping of single family
attached or detached units on one building site. Each townhome unit shall
have separate ingress and egress and independent electrical and water
utilities.
137. TRAILER: Any portable structure or vehicle designed so as to be used as a
conveyance upon the public streets and highways, containing a self -
contained plumbing system which is not connected to an external sewerage
system and constructed in such a manner so as to permit the occupancy
thereof for dwelling or sleeping purposes.
138. USE: 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.
139. VARIANCE: A variance is a relaxation of certain regulations contained in
this Ordinance where such variance shall not be contrary to the public
interest and where, owing to conditions peculiar to the property and not
the result of the actions of the applicant, a literal enforcement of the
Ordinance would result in unnecessary and undue hardship. As used in this
Ordinance, a variance may be authorized only for height, area, size of
structure, size of yards and open spaces, and off - street parking and loading
requirements. Establishment or expansion of a use otherwise prohibited
shall not be allowed by variance, nor shall a variance be granted because of
the presence of non - conformities in the zoning district or uses in an
adjoining zoning district. (Refer to Section 13)
3.17
140. VENDOR: An individual who has received a City of Miami Beach
occupational license to sell, offering for space or keeping for sale with the
intention of selling a product.
141. WINE: The product of the normal alcoholic fermentation of the juice of
fresh, sound, ripe fruit, with the usual cellar treatment and necessary
additions to correct defects due to climatic saccharine and seasonal
conditions, including champagne, sparkling and fortified wine of an
alcoholic content not to exceed twenty -four (24) per cent by volume. No
other product shall be called "wine" unless designated by appropriate
prefixes descriptive of the fruit or other product from which same was
predominantly produced or as artificial or irritation wine.
142. WATERWAY: Any body of water, including any creek, canal, river, lake,
bay, or ocean, or any other body of water, natural or artificial except a
swimming pool or ornamental pool located on a single lot.
143. YARD: An open area, other than a court, on the same lot with a building
unoccupied and unobstructed from the ground upward, except as otherwise
provided in these regulations.
144. YARD, FRONT: A yard across the full width of the lot extending from the
front line of the building to the front street line of the lot.
145. YARD, REAR: A yard extending the full width of the lot between the
main building and the rear lot line.
146. YARD, REQUIRED: The minimum distance allowed between a lot line and
a building or structure excluding allowable encroachments.
147. YARD, SIDE: A yard between the building and the adjacent side of the lot,
and extending from the front yard to the rear yard thereof.
3.18
SECTION 4
ZONING DISTRICTS
4 -1 Districts Established.
A. To achieve the purposes of this Ordinance and of Part I, Division II, Article VI,
Related Laws, The Code of the City of Miami Beach, Florida, and regulate the
use of land, water and buildings, height and bulk of buildings and other
structures, and population density and open space, the City is hereby divided into
the following districts:
SYMBOL DISTRICT
RS -1 Single - Family Residential
RS -2 Single - Family Residential
RS -3 Single - Family Residential
RS -4 Single- Family Residential
RM -14 Multiple - Family Low Density
RM -24 Multiple- Family Medium Low Density
am-60 Multiple - Family Medium Density
RM -100 Multiple- Family Medium High Intensity
RM -125 Multiple- Family High Density
C -1 Neighborhood Business
C -2 General Office
C -3 Central Business
C -4 Business
C -5 General Business
C -6 Intensive Commercial
RH Hospital District
MR Marine Recreational
MU Municipal Use
PUD Planned Unit Development
1'1M Hotel -Motel District
CCC Convention Center District
MD -1 Marine District
MD -II Marine District
NH Nursing Home
R -PSI Residential Medium -Low Density
R -PS2 Residential Medium -Low Density
R -PS3 Residential Medium -High Density
R -PS4 Residential High Density
C -PSI Cemrnercial Limited Mixed Use
C -PS2 Commercial General Mixed Use
C -PS3 Commercial Intensive Mixed Use
4 -2 District Map.
A. The locations of these Districts are shown on a map designated as the City of
Miami Beach Zoning District Map, dated and signed by the Mayor and City Clerk
4.1
of the City of Miami Beach, upon adoption. This Zoning District Map, together
with all notations, dimensions, references and symbols shown thereon, pertaining
to such districts, is hereby adopted by reference and declared to be as much a
part of this Ordinance as if fully described herein. Such map shall be available
for public inspection in the office of the Code Enforcement Director and any
later alterations to this map, adopted by amendment as provided in this
Ordinance, shall be similarly dated, filed, and made available for public
reference.
4 -3 Interpretation of District Boundaries.
A. A district name or symbol shown on the district maps 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.
Where uncertainty exists with respect to the boundaries of the various districts
as shown on the map accompanying and made a part of this Ordinance, the
following rules apply:
1. 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.
2. The boundary line adjacent to Biscayne Bay is the established bulkhead
line.
3. The houndary line adjacent to the Atlantic Ocean is the Erosion Control
Line as determined in accordance with Florida Statutes. Except as
provided in Section 30, the area of land between the established Bulkhead
Line and the Erosion Control Line shall not be used in any computation for
purposes of determining compliance with the Miami Beach Zoning
Ordinance. Therefore, the established bulkhead line shall be the official
line of demarkation for computing standards for uses and structures
located west of the said line. Structures located east of the established
bulkhead line and extending to the Erosion Control Line shall be considered
similar to an accessory use to the upland property and allowed only
pursuant to the provisions of Section 30 Dune Overlay Regulations.
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
houndary of such districts unless the boundaries are otherwise indicated on
the map or by ordinance.
4.2
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 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 established Bulkhead Line. The north and
south boundary line shall be the City limits.
4.3
SECTION 5
GENERAL PROVISIONS
5 -1 Compliance with Regulations Required.
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 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.
C. 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.
D. 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.
E. No building shall he 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.
P. No building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered except in conformity with the floor area ratio, or open space
ratio regulations of the district in which it is located.
G. 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.
1-1. 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.
A. The minimum yards, parking space, open spaces, including lot area per family
required by these regulations for each and 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 required yard or open space for any other
building, except as hereinafter provided, nor shall any lot area be reduced below
the requirements of these regulations.
5 -3 Accessory Buildings, Prior Construction of.
A. No accessory building shall be constructed upon a lot until the construction of
the main use building has been actually completed or construction of main and
5.1
accessory buildings is concurrent. No accessory building shall be used unless the
main use building on the lot is also being used.
5 -4 Building Under Construction.
A. Any building or structure for which a lawful building permit has been issued, and
the construction of which has been started prior to the Effective Date of this
Ordinance, may be completed and used in accordance with the plans and
specifications upon which said building permit was granted, provided such
construction is completed within one (1) year after the Effective Date of this
Ordinance.
5 -5 Outstanding Permits.
A. Where, at the Effective Date of this Ordinance, there are outstanding valid
building permits, authorizing the construction of buildings, structures, additions
or alterations, the use of construction of which do not conform to the
requirements of this Ordinance, such permits shall be void unless actual
construction work, excluding grading or excavating, is substantially underway on
that date.
B. Where, at the Effective Date of this Ordinance, there are outstanding valid
permits, authorizing the use of land or buildings without construction work, and
where such use is not permissable under the terms of this Ordinance, such permit
shall be void unless the use is actually in operation on that date.
5 -6 Tractor - trailer, Trailer, Portable Dwelling Units.
A. 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 where provided elsewhere in this Ordinance.
5 -7 Store Enclosures.
A. In all use districts designated in this Ordinance, the sale, or exposure for sale or
rent, of any personal property, including merchandise, groceries, perishable
foods, such as vegetables and fruits, is prohibited, unless such sale, or exposure
for sale, is made from permanent, substantial, and permanently structurally
enclosed buildings or structures; provided, however,that nothing herein contained
shall be deemed applicable to gasoline stations, automobile service stations or
repair shops, revocable permits or beach concessions operated or granted by the
City, or newspaper stands, wherever such uses are otherwise permissible."
5 -8 Division of Lot; Lot - Split.
A. 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
divided or split, for the purpose, whether immediate or future, or transfer of
ownership or development, without prior review and approval by the Director of
the Code Enforcement Department.
5.2
5 -9 Relationship to the Comprehensive Plan.
A. All regulations contained herein and the maps attached thereto shall be
amended, supplemented or changed only in compliance with Chapter 163 of the
Florida Statutes as pertains to comprehensive planning activities.
5.3
SECTION 6
SCHEDULE OF DISTRICT REGULATIONS
6 -I RS -1, RS -2, RS -3, and RS -4 Single Family Residential Districts.
A. DISTRICT PURPOSE. These Districts are designed to foster and protect Miami
Beach's single - farnily residential neighborhoods. The four Districts vary only in
minimum lot area and lot width requirements.
B. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following uses:
1. Single-family detached dwelling.
2. The following uses may be permitted as a conditional use:
a. Recreational facilities such as playground, playfield, park, beach or
golf course.
b. Municipal buildings and uses.
c. Temporary use for a period not to exceed 15 days.
3. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. RS -1 30,000 square feet.
2. RS -2 18,000 square feet.
3. RS -3 10,000 square feet.
4. RS -4 6,000 square feet.
D. MINIMUM LOT WIDTH.
1. RS -1 100 feet.
2. RS -2 75 feet.
3. RS -3 60 feet.
4. RS -4 50 feet.
E. MINIMUM YARDS.
1. Front: 20 feet.
2. Side: The sum of the side yard width shall be at least 25% of the lot width
but no side yard adjacent to a street shall be less than 15 ft. and no interior
side yard shall be less than 7.5 ft. except that where an existing building
has at least a minimum 5 ft. interior side yard setback be allowed to follow
the existing building line for said building. The maintenance of the
minimum required 5 ft. side yard setback shall apply to the linear extension
of a single story building or the construction of a second floor addition to
existing single family buildings.
3. Rear: 15% of the lot depth, but not less than 20 feet.
6.1
F. MAXIMUM BUILDING IIEIGI -IT: 30 feet.
G. MINIMUM FLOOR AREA: 1,800 square feet.
6 -2 RM -14 Multiple- Family Low Density District.
A. DISTRICT PURPOSE: This is a low density, low rise, single and multiple family,
permanent residence District.
B. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following uses:
1. Apartment building.
2. Group houses.
3. One- or two - family dwelling.
4. Townhome Residential Development pursuant to Section 26: Townhome
Residential Development Regulations.
5. The following uses may be permitted as a conditional use:
a. Church, synagogue and temple.
b. Municipal buildings and uses.
c. Public and governmental buildings and uses.
d. Public utilities or public service uses, structures and appurtenances
thereto.
e. Publicly owned and operated recreational facility, playground,
playfield, park and beach.
f. School, elementary or high, having a curriculum substantially
equivalent to public schools or comparable grades and having
approval of the State Department of Education.
g. Temporary use for a period not to exceed 15 days.
6. Accessory uses for above uses.
C. MINIMUM LOT AREA. 6,000 square feet.
D. MINIMUM LOT WIDTI -1. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
6.2
F. MAXIMUM DENSITY. 14 units per acre.
G. MAXIMUM BUILDING HEIGHT. 30 feet.
11. MINIMUM FLOOR AREA.
1. Single- family detached dwelling: 1,800 square feet.
2. Two - family dwelling and group house: 900 square feet per dwelling unit.
3. Apartment building: 750 square feet per dwelling.
6 -3 RM -24 Multiple Family Medium Low Density District.
A. DISTRICT PURPOSE: This is a medium density low -rise, single and multi - family
residential district primarily designed to encourage and enhance family
residence. The district is intended to produce an environment of desirable
character and result in a superior quality of housing, open space and parking
areas.
B. USES PERMITTED: No land, water or structure may be used, in whole or in part,
except for one or more of the following uses:
1. Apartment building.
2. Group houses.
3. One or two - family dwellings.
4. Townhome Residential Development pursuant to Section 26: Townhome
Residential Development Regulations.
5. The following uses may be permitted as a conditional use:
a. Automobile parking lot, open, non - commercial.
b. Marine dockage.
c. Public and governmental buildings and uses.
d. Publicly owned and operated recreation facility, playground, playfield
and park.
e. Public utilities or public service uses, structures and appurtenances.
f. Temporary use for a period not to exceed 15 days.
6. Accessory uses for the above uses.
C. MINIMUM LOT AREA: 6,000 square feet.
6.3
D. MINIMUM LOT WIDT1 -1: 60 feet.
E. MINIMUM YARDS: As provided in Section: 8.
F. MAXIMUM BUILDING HEIGHT: 30 feet.
G. MINIMUM FLOOR AREA:
1. Single family detached dwelling: 1,800 square feel..
2. Two family dwelling and group house: 900 square feet per dwelling unit.
3. Apartment building: 750 square feet per dwelling.
H. MAXIMUM DENSITY: 24 units per acre.
6 -4 PUD Planned Unit Development Residential District.
A. DISTRICT PURPOSE. PUD District is intended for a transitional area where
there is a need for allowing flexibility as to the arrangement of buildings and a
need to regulate access and circulation in order to preserve the character and
natural habitat of an existing neighborhood. Large sites best lend themselves to
this type of development and incentives have been provided to encourage
assembly of properties. The proposed development must be designed to produce
an environment of desirable character and in harmony with the particular area.
The provisions herein are intended to result in a superior quality of housing and
open space relationships, high standards for recreational areas, parking areas and
service areas. The objectives can only be defined in general terms and their
realization can be obtained only by review and approval of the development plans
for each development in the PUD Residential District.
B. USES PERMITTED.
1. Single family detached dwelling.
2. The following uses are subject to site plan approval:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
h. Apartment building.
c. Automobile parking lot, open, or enclosed, non - commercial - provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
d. Churches, synagogues and temples.
6.4
e. Group house.
f. Municipal buildings and uses.
g. Private club.
h. Two family dwelling.
i. Townhome Residential Development Pursuant to Section 26:
Townhome Residential District Regulations.
j. Temporary use for a period not to exceed 15 days.
3. Accessory uses for above.
C. MINIMUM LOT AREA.
1. PUD: 7,000 square feet.
D. MINIMUM LOT WIDTH.
1. PUD: 50 feet.
E. MINIMUM YARDS.
1. PUD: Front, side and rear yard minimums shall be determined according to
specific site plans but shall not be less than those specified for MF -10
unless approved otherwise.
F. MAXIMUM HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Single Family detached dwelling: 800 square feet per dwelling unit.
2. Two family dwelling and group house: 800 square feet per dwelling unit.
3. Apartment building: 800 square feet per unit.
4. Adult congregate living facility: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 2.0
I. MAXIMUM LOT COVERAGE.
1. PUD: 50%.
6.5
3. MAXIMUM DENSITY.
1. PUD: Density is determined by size of the site as specified below:
LOT AREA 7500 15,000 22,500 30,000 /Over
UNIT /ACRE 40 50 55 60
K. SITE PLAN APPROVAL.
1. When required a site plan shall be submitted, meeting the requirements of
Section 14, and other information as may be required by the specific
project.
2. Procedures: Approval of site plan shall be in accordance with Section 7 -1,
D, as applied to conditional uses.
6 -5 RM -60 Multiple Family Medium Density District.
A. DISTRICT PURPOSE. This is primarily a residential apartment district, which is
not intended to provide tourist lodging accommodations.
B. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following uses:
1. Apartment building.
2. Group houses.
3. One- or two - family dwelling.
4. Rooming house.
5. Community garage.
6. Townhorne Residential Development Pursuant to Section 26: Townhome
Residential District Regulations.
7. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open, or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Camp, day or boarding.
6.6
d. Church, synagogue and temple.
e. College, junior college, or institution of higher learning.
f. Day nursery.
g. Institution, educational or philanthropic, including museum and art
gallery.
h. Marine dockage.
i. Municipal buildings and uses.
j. Private club.
k. Public and governmental buildings and uses.
1. Publicly owned and operated recreation facility, playground,
playfield, park and beach.
m. Public utilities or public service uses, structures and appurtenances.
n. School, elementary or high, having a curriculum substantially
equivalent to public schools of comparable grades and having
approval of the State Department of Education.
o. Storage parking lots.
P. Temporary use for a period not to exceed 15 days.
8. Accessory use for above uses.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUNf FLOOR AREA PER UNIT.
1. Multiple family buildings other than adult congregate living facilities:
a. Dwelling Unit - Shall have a minimum of 400 square feet.
h. Sleeping Unit - Shall have a minimum of 400 square feet.
2. Adult congregate living facility: 200 square feet per unit.
6.7
11. MAXIMUM FLOOR AREA RATIO.
1. 1.52 for sites comprised of one platted lot.
2. 2.00 for sites comprising two or more platted lots.
I. MAXIMUM DENSITY. 60 units per acre.
6 -6 RM -100 Multiple Family Medium High Density District.
A. DISTRICT PURPOSE. This is a hotel and apartment district, which
accommodates both long term residents and tourists.
B. USES PERMITTETD. No land, water or structure may be used in whole or in part,
except for one or more of the following permitted uses:
1. Apartment building and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two - family dwelling.
5. Community garage.
6. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall he recorded in the Circuit Court.
c. Bus terminal
d. Camp, day or boarding.
e. Church, synagogue and temple.
f. College, junior college, or institution of higher learning.
g. Day nursery.
h. Institution, educational or philanthropic, including museum and art
gallery.
6.8
i. Marina.
j. Marine dockage.
k. Municipal buildings and uses.
1. Private club.
m. Public and governmental buildings and uses.
n. Publicly owned and operated recreation facility, playground,
playfield, park and beach.
o. Public utilities or public service uses, structures and appurtenances.
P•
q.
School, elementary or high, having a curriculum substantially
equivalent to public schools of comparable grades and having
approval of the State Department of Education.
Temporary use for a period not to exceed 15 days.
7. Accessory use for above uses.
a. Any accessory use in the area located between the established
Bulkhead Line and the Erosion Control Line shall be in accordance
with Section 30 Dune Overlay Regulations.
C. P4INIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA
1. Multiple family buildings other than adult congregate living facilities:
a. Dwelling Unit - Shall have a minimum of 400 square feet.
b. Sleeping Unit - Shall have a minimum of 400 square feet.
2. Adult congregate living facility: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 3.0
I. MAXIMUM DENSITY. 100 units per acre. Hotels and motels shall be permitted
to increase their density by 40 %.
6.9
6 -7 RM -125 Multiple Family 1 -sigh Density District.
A. DISTRICT PURPOSE. This is a high -rise, high density tourist lodging and
entertainment district.
B. 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:
1. Apartment building and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One or two- family dwelling.
5. Community garage.
6. Night club, without exterior entrances or exits, accessory to a hotel or
motel containing 100, or rnore, sleeping units.
7. Restaurant, with or without an acccessory bar, but not a drive -in
restaurant, without exterior entrances or exits, the accessory to a hotel or
motel containing 100, or more, sleeping units.
8. The following uses may be permitted as a conditional use:
a. Adult congregate living facility subject to the following mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminal.
d. Camp, day or boarding.
e. Church, synagogue and temple.
f. College, junior college, or institution of higher learning.
g. Day nursery.
h. Institution, educational or philanthropic, including museum and art
gallery.
i. Marina.
6.10
j. Marine dockage.
k. Municipal buildings and uses.
1. Private club.
m. Public and governmental buildings and uses.
n. Publicly owned and operated recreation facility, playground,
playfield, park and beach.
o. Public utilities or public service uses, structures and appurtenances.
P. Storage parking lots.
q. Temporary use for a period not to exceed 15 days.
9. Accessory use for above uses.
a. Any accessory use in the area located between the established
Bulkhead Line and the Erosion Control Line shall be in accordance
with Section 30 Dune Overlay Regulations.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTFI. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA
1. Multiple family buildings other than adult congregate living facilities:
a. Dwelling Unit - Shall have a minimum of 400 square feet.
b. Sleeping Unit - Shall have a minimum of 400 square feet.
2. Adult congregate living facilities: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 6.0.
I. MAXIMUM DENSITY. 125 units per acre. Hotels and motels shall be permitted
to increase their density by 40 %.
6 -8 C-1 Neighborhood Business District.
A. DISTRICT PURPOSE. This is a retail sales, personal services, and related
convenience shopping district, designed to provide convenient shopping facilities
to surrounding residential neighborhoods.
6.11
B. USES PERMITTED. No land, water or structure may be used in whole or in part,
except for one or more of the following uses. Permitted uses that sell, serve or
otherwise distribute alcoholic beverages in this district shall comply with the
standards and regulations found in Section 29.
1. Any use permitted in RM -60 Multiple Family District except those uses
listed as Conditional Uses.
2. Automobile parking lot, open or enclosed, commercial or non - commercial.
3. Automatic ice distribution station or other drive -in automatic vending
machine station. Groups of vending machines shall be contained in a
completely enclosed building.
4. Retail bakery with sale of bakery products only and no baking on the
premises.
5. Banks, savings and loan associations.
6. Bar.
7. Bicycle store, rental or sales, and bicycle repair shop.
8. Drug Store
9. Garden shop, florist shop, greenhouse, nursery and landscape office.
10. Grocery Store
11. Office, professional or business.
12. Personal service uses, conducted entirely within completely enclosed
buildings. Such uses include barber shops, beauty parlors, photographic or
artists studios, photographic developing or printing establishment, picture
framing shop, shoe repair shop, tailor shop, travel bureau, ticket office,
messenger service, taxicab office, newsstand, telephone exchange or
telegraphic service stations, dry cleaning or laundry receiving stations, hat
cleaning and blocking, self- service or coin operated laundry or dry cleaning
establishment and other personal services uses of similar character.
13. Post office.
14. Private club, lodge, fraternity, sorority, meeting hall, and other private
meeting places not operated for profit.
15. Repair or rental of household appliances, tools, bicycles, and items of a
similar character, provided all activities, including storage and display, are
conducted entirely within completely enclosed building.
16. Restaurant with or without outdoor table service but not a drive -in
restaurant.
6.12
17. Retail stores, provided that all activities, including sale, storage and
display, are conducted entirely within completely enclosed building.
18. Theatres.
19. Tutorial Center.
20. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Churches, synagogues and temple.
d. Day nursery.
e. Filling station, but with no lighting fixture or illuminated sign
extending to a height greater than 15 feet.
1. Municipal buildings and uses.
g. Undertaking establishment or funeral horne.
h. Temporary use for a period not to exceed 15 days.
21. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. Non- residential use: None.
2. Residential use: 5,500 square feet.
D. MINIMUM LOT WIDTH.
1. Non - residential use: None.
2. Residential use: 50 feet.
E. MINIMUM YARDS.
1. Residential use: 1s provided in Section 8.
2. Non - residential use:
6.13
a. Front: None.
h. Side: 10 feet when abutting a residential district; otherwise none.
c. Rear: 20 feet when abutting a residential district; otherwise none.
F. MAXIMUM BUILDING HEIGH -HT. 40 feet.
G. MINIMUM FLOOR AREA.
1. Non - residential use: None
2. Multiple Family buildings.
a. Dwelling Unit - Shall have a minimum of 400 square feet.
b. Sleeping Unit - Shall have a minimum of 400 square feet.
H. MAXIMUM FLOOR AREA RATIO. 2.0.
I. MAXIMUM DENSITY
1. Non - residential use: None.
2. Residential Use: 60 units per acre.
6 -9 C -2 General Office District.
A. DISTRICT PURPOSE. This district provides for supporting commercial
activities, serves as a transitional area between general and residential districts,
and is located generally adjacent to the central business district. It houses those
offices and related facilities which serve the entire city.
B. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following uses. Permitted uses that sell, serve or
otherwise distribute alcoholic beverages in this district shall comply with the
standards and regulations found in Section 29.
1. Any use permitted in the RM -100 Multiple Family District; and in the C -1
Neighborhood Business District except the following:
a. Those uses listed as conditional uses in each of these districts.
h. Automatic ice distribution station or other drive -in automatic
vending station.
c. Bicycle store, rental or sales, and bicycle repair shop.
2. Clinic.
3. Health or athletic club or studio, bath or massage parlor.
6.14
4. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Municipal buildings and uses.
c. Private club.
d. Temporary use for a period not to exceed 15 days.
5. Accessory uses for the above uses.
C. MINIMUM LOT AREA. 6,000 square feet.
D. MINIMUM LOT WIDTI -1. 50 feet.
E. MINIMUM YARDS
1. Non - residential use:
a. Front: 10 feet, but no point on a building shall be closer than one -
half the height of the point above grade.
b. Side: 10% of the width of the lot or 10% of the height of the building
whichever is greater, but no side yard adjacent to a street shall be
less than 10 feet, and no point on the building shall be closer to the
centerline of a side street than one -half the height of the point above
grade.
c. Rear: 10 feet or 10% of the building height, whichever is greater.
F. MAXIMUM ilUILDING 1-HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non - residential use: None.
2. Multiple Family buildings.
a. Dwelling Unit - Shall have a minimum of 400 square feet.
b. Sleeping Unit - Shall have a minimum of 400 square feet.
1-1. MAXIMUM FLOOR AREA RATIO. 4, plus 0.5 for each 10 feet of front yard
depth in excess of the minimum requirement.
I. MAXIMUM DENSITY.
6.15
1. Non - residential use: None.
2. Residential use: 100 units per acre. Hotels and motels shall he permitted
to increase their density by 40 %.
6 -10 C -3 Central Business District.
A. DISTRICT PURPOSE. This district is designed to accommodate a highly
concentrated pedestrian oriented business core, in which businesses serving all
residents and visitors of the City are located.
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 regulations found in Section 29.
1. Any residential use in RM -125 Multiple Family District.
2. Antique stores.
3. Appliance stores.
4. Art Goods stores.
5. Artists studios.
6. Bakeries, baking not permitted on premises.
7. Banks, including savings and loan associations.
8. Barber shops.
9. Beauty parlors.
10. Bicycle stores.
11. Book stores.
12. Clothing and costume stores, selling new merchandise or rentals.
13. Club, private.
14. Confectionary or ice cream stores.
15. Dental office.
16. Drug stores selling pharmaceutical and medical supplies.
17. Electronic stores.
18. Florist shops.
6.16
19. Fruit shippers.
20. Gift shops.
21. Greeting card stores.
22. Interior design shops, office and display only.
23. Jewelry stores selling new or previously owned merchandise.
24. Leather goods and luggage shops.
25. Linen shops.
26. Medical offices.
27. Messenger service.
28. Music stores.
29. Newsstands.
30. Nite clubs.
31. Optical stores
32. Photography stores and studios.
33. Picture framing shops.
34. Pottery shops
35. Printing and developing establishments.
36. Professional offices.
37. Radio or television broadcasting station, studio, and office, but not sending
or receiving towers.
38. Restaurants in which the roofed -in floor area of the room or portion of the
building wherein food is served to guests is not less than 400 square feet
with not less than 75 percent of the total of such roofed -in floor area being
utilized for the seating of guests at tables or booths. The ratio of the
number of seats at tables and booths to the number of seats at counters
shall be not less than three to one, and the total number of seats shall not
exceed the ratio of ten (10) square feet of such roofed -in area to one guest.
Toilet facilities shall be so arranged as to provide the public direct
accessibility thereto from within such roofed -in floor area, provided
however, that the foregoing requirements shall not be applicable if the
preparation and serving of food or beverages is a customary incident to the
uses or businesses permitted in or by this section. Such restaurants and
cafes having sidewalk cafes may also sell finished pastry products such as
donuts, danishes, and coffee on a carry out basis.
6.17
39. Shoe stores.
40. Sporting goods stores.
41. Tailor shops.
42. Taxi -Cab offices
43. Telephone exchange or telegraph service station.
44. Theatre and cinema.
45. Ticket office.
46. Tobacco shop.
47. Travel bureau.
48. a. The following uses shall be perrnitted throughout the District with
the exception of properties abutting Lincoln Road between Alton
Road and the Atlantic Ocean where such uses shall only be located
above the first floor level.
1. Clubs, private.
2. Dance or music school, modeling school, or athletic instruction.
3. Health studio or club, reducing salon, and massage parlor.
4. 1- lotel, apartment, apartment hotel. Entrances and lobbies shall
be perrnitted on the first floor level provided that commercial
uses front on Lincoln Road. Access to the lobby shall be
permitted from Lincoln Road.
5. Medical or dental clinic.
6. Offices, business and professional.
h. The following uses shall not he perrnitted on properties fronting on
Lincoln Road from Alton Road to the Atlantic Ocean.
1. Religious institutions.
2, Stores selling staple foodstuffs, household supplies, meats,
produce, and dairy products.
3. Stores in which the principal products sold or exhibited include
surgical supplies, hospital supplies, medical devices, prosthetic
or orthopedic devices.
6.18
04). The following uses nay be perrnitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
h. Personal service uses such as postal station, theatre ticket outlet,
artists studios, book stores, music stores, florists, gift shops, greeting
card store, fruit shippers selling prepackaged gift boxes and
newsstands when associated with an existing store on Lincoln Road
Mall may be located in the public right -of -way within a distance not
to exceed 400 feet from such store for the sale of goods and services
customarily associated with an existing permitted store. Such uses
shall be subject to review and approval by the Planning Board. Such
uses will not constitute or create unreasonable obstructions to the
prior and paramount right of the public for passage upon public ways.
A suitable and appropriate plan or sketch showing the location of the
proposed use in relationship to the main use required, hereby, shall be
submitted to the Planning Board for approval prior to the issuance of
any revocable permit granted by the City Commission. In instances
where the location of said personal service use extends into the right -
of -way of another property owner, the owner of the proposed use
shall be responsible for securing a lease agreement with the affected
property owner prior to the execution of a revocable permit by the
City Commission.
c. Public and governmental buildings and uses.
d. Publicly owned and operated recreational facility, playground,
playfield, park and beach.
e. Public utilities or public service uses, structures and appurtenances.
f. Sidewalk cafes, when associated with an existing restaurant on
Lincoln Road Mall, may be located in the public right -of -way within a
distance not to exceed 400 feet from such restaurant subject to prior
findings and determinations by the Planning Board that such
perrnitted sidewalk cafes will not constitute or create unreasonable
obstructions to the prior and paramount right of the public for
passage upon the public way.
A suitable and appropriate plan or sketch showing the proposed
location of said sidewalk cafe in relationship to the main restaurant
or cafe required hereby, and the proposed seating arrangement to be
utilized by said sidewalk cafe shall be submitted to the Planning
Board and the City Commission for approval prior to the issuance of
any revocable permit for such sidewalk cafe. In instances where the
location of said sidewalk cafe extends into the right -of -way of
another property owner, the owner of the proposed use shall be
responsible for securing a lease agreement with the affected property
6.19
g.
owner prior to the execution of a revocable permit by the City
Commission.
Uses not listed above which are similar in character to one or more
permitted uses, and which would not be inappropriate in this District.
h. Temporary use for a period not to exceed 15 days.
50. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. Non - residential use: None.
2. Residential use: 7,500 square feet.
D. MINIMUM LOT WIDTH.
1. Non- residential use: None.
2. Residential use: 50 feet.
E. MINIMUM YARDS.
1. Non - residential use: 10 feet when abutting a residential district; otherwise
none.
2. Residential Use: As provided in Section 8.
F. MAXIMUM BUILDING I- HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non- residential use: None.
2. Multiple Family Buildings.
a. Dwelling Unit - Shall have a minimum of 400 square feet.
h. Sleeping Unit - Shall have a minimum of 400 square feet.
1 -1. MAXIMUM FLOOR AREA RATIO. 10.0 plus 2.0 for every 10% of lot area
developed and maintained as permanent open space at grade.
I. MAXIMUM DENSITY.
1. Non - residential use: None.
2. Residential use: 125 units per acre. Hotels and motels shall be permitted
to increase their density by 40 %.
6.20
6 -11 C -4 Business District.
A. DISTRICT PURPOSE. This district is designed to accommodate a highly
concentrated business core, in which businesses serving all residents and visitors
of the City are located.
B. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following perrnitted uses. Permitted uses that
sell, serve or otherwise distribute alcoholic beverages in this district shall
comply with the standards and regulations found in Section 29.
1. Any use permitted in C -1, C -2, or C -3 except those uses listed as
Conditional Uses.
2. Cabaret.
3. Night club.
4. Retail meat and fish market provided that such use shall not occupy more
than 2,500 square feet of floor area per establishment and no noxious odors
shall be produced by improper storage and handling of refuse.
5. The following may be perrnitted as a conditional use.
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Aquarium, commercial.
c. Automobile parking lot, open or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
d. Beaches, commercial.
e. Bus terminals.
f. Churches, synagogue and temple.
g. Colleges, junior colleges, or institutions of higher learning.
h. Filling station.
i. Institution, educational or philanthropic, including museum and art
gallery.
Marina.
6.21
k. Municipal buildings and uses.
1. Private club.
m. Storage parking lots.
n. Uses not listed above which are similar in character to one or more
permitted uses, and which would not be inappropriate in this District.
o. Temporary use for a period not to exceed 15 days.
6. Accessory uses for above uses.
a. Any accessory use in the area located between the established
Bulkhead Line and the Erosion Control Line shall be in accordance
with Section 30 Dune Overlay Regulations.
C. MINIMUM LOT AREA.
1. Non - residential use: None.
2. Residential use: 7,500 square feet.
D. MINIMUM LOT WIDTH.
1. Non- residential use: None.
2. Residential use: 50 feet.
E. MINIMUM YARDS.
1. Non - residential use: 10 feet when abutting a residential district; otherwise
none.
2. Residential use: As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non - residential use: None.
2. Multiple Family Buildings.
a. Dwelling Unit - Shall have a minimum of 400 square feet.
b. Sleeping Unit - Shall have a minimum of 400 square feet.
H. MAXIMUM FLOOR AREA RATIO. 10.0, plus 2.0 for every 10% of lot area
developed and maintained as permanent open -space at grade.
6.22
I. DENSITY.
1. Non - residential use: None.
2. Residential use: 125 units per acre. All hotels and motels shall be
permitted to increase their density by 40 %.
6 -12 C -5 General Business District.
A. DISTRICT PURPOSE. This is a mixed use district which permits high density
residential, retail, and light and heavy service comrnercial development.
B. 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 regulations found in Section 29.
1. Any use permitted in C -4 except those uses listed as Conditional Uses.
2. Amusement enterprise, including a billard, pool or table tennis hall, games
of skill, shooting gallery and the like if conducted wholly within a
completely enclosed building.
3. Auction parlor.
4. Automobile accessories, new parts and equipment store, including new tires
and sale of trade -in tires.
5. Automobile, truck sales or rentals, new, open or enclosed. All servicing or
repairs shall be conducted wholly within a completely enclosed building.
6. Boat sales, or rentals, new or used open or enclosed.
7. Bowling alleys.
8. Grinding and sharpening shops.
9. Hospital or clinic for small animals, dogs, cats, birds, and the like, provided
that such hospital or clinic and any treatment rooms, cages, pens, or
kennels be maintained within a completely enclosed, soundproof building,
and that such hospital or clinic be operated in such a way as to produce no
objectionable noise or odors outside its walls.
10. Laboratories, research and experimental, but not for testing internal
combustion engines.
11. Mirror silvering or glass cutting or installation shops.
12. Moving or storage offices with or without storage warehouses.
13. Musical instrument sales and repair shops.
6.23
14. Printing, publishing, and engraving establishments, including blueprinting
and photostating, provided that no use permitted in this item shall occupy
more than 2,500 square feet of floor area.
15. Public dance halls.
16. Rental businesses.
17. Schools, commercial instructions of all kinds.
18. Sign painting and fabricating shops and venetian blind, window shade, or
awning shops, custom, including repairs, limited to 2,500 square feet of
floor area per establishment.
19. Skating rinks, swimming pools.
20. Storage garages, automobile and truck storage within an area enclosed by
an opaque masonry wall or structural wood fence not less that 6 feet in
height. Such wall or fence shall totally screen garage and work area from
public view.
21. Trade expositions or convention halls with capacity in each case limited to
2,500 persons.
22. Retail meat and fish market.
23. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to mandatory requirements
and review criteria set forth in Section 28, Adult Congregate Living
Facilities.
h. Automobile parking lot, open or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminals.
d. Churches, synagogues and temples.
e. Colleges, junior colleges, or institutions of higher learning.
f. Filling stations.
g. Institution, educational or philanthropic, including museum and art
gallery.
h. Municipal buildings and uses.
6.24
i. Private club.
j. Storage parking lots.
k. Undertaking establishment or funeral home.
1. Temporary use for a period not to exceed 15 days.
24. Accessory uses for above uses.
a. Any accessory in the area located between the established Bulkhead
Line and the Erosion Control Line shall be in accordance with
Section 30 Dune Overlay Regulations.
C. MINIMUM LOT AREA.
1. Non- residential use: None.
2. Residential use: 5,500 square feet.
D. MINIMUM LOT WIDTH.
1. Non - residential use: None
2. Residential use: 50 feet.
E. MINIMUM YARD.
1. Non - residential use: 10 feet when adjacent to any residential district;
otherwise none.
2. Residential use: As provided in Section S.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non - residential use: None.
2. Multiple family Buildings.
a. Dwelling Unit - Shall have a minimum of 400 square feet.
h. Sleeping Unit - Shall have a minimum of 400 square feet.
H. MAXIMUM FLOOR AREA RATIO. 3.0.
6.25
I. MAXIMUM DENSITY.
1. Non - residential use: None.
2. Residential use: 100 units per acre.
6 -13 C -6 Intensive Commercial District.
A. DISTRICT PURPOSE. This is a utilitarian district characterized by sales,
storage, repair, processing, wholesaling and trucking activities and shall not
include any residential uses.
B. 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 regulations found in Section 29.
1. Any non - residential use permitted in C -5 District except those uses listed
as Conditional Uses.
2. Bakery.
3. Blacksmith, gas, steam fitting shop.
4. Boat or yacht storage and repair.
5. Building material storage yard.
6. Cabinet making, carpentry.
7. Contractors plant and storage yard, providing the area used is enclosed by
a building or by a masonry wall not less than 6 feet in height.
8. Dry cleaning plant and dyeing establishment.
9. Garage for mechanical service provided work area is enclosed by a wall or
fence not less than 6 feet in height. Such wall or fence shall be
constructed of opaque material and shall totally screen work area from
public view.
10. Laundry, including self- service laundry.
11. Machine shop.
12. Meat marketing, including fish and live poultry market.
1 3. Metal working shop.
14. Motion picture studio.
15. Painting and decorating shop.
6.26
16. Printing and publishing.
17. Roofer, plasterer, plumber or tinsmith.
18. Wholesale salesroom and storage room.
19. Any light manufacturing or processing use which creates no danger to
health and safety in surrounding areas and no offensive noise, vibration,
smoke, dust, lint, odor, heat or glare in excess of the Performance
Standards set forth in Section 7 of this Ordinance.
20. The following uses may be permitted as a conditional use:
a. Aquarium, commercial.
b. Automobile parking lot, open or enclosed, non - commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9 -3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminals.
d. Filling station.
e. Institution, educational or philanthropic, including museum and art
gallery.
f. Municipal buildings and uses.
g. Private club.
h. Storage parking lots.
i. Uses not listed above, which are similar in character to one or more
permitted uses, and which would not be inappropriate in the district.
j. Temporary use for a period not to exceed 15 days.
21. Accessory uses for above uses.
C. MINIMUM LOT AREA. None.
D. MINIMUM LOT WIDTH. None.
E. MINIMUM YARD. 20 feet when adjacent to any residential district; otherwise
none.
F. MAXIMUM BUILDING HEIGFHT. 40 feet.
G. MINIMUM FLOOR AREA. None.
6.27
H. MAXIMUM FLOOR AREA RATIO. 1.0.
A-14 RI-1 Hospital District.
A. DISTRICT PURPOSE. This district is designed to accommodate hospital
facilities.
B. 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 regulations found in Section 29.
1. Hospital
2. Accessory hospital facilities, consisting of laundry, centralized services,
educational and research facilities, recreational facilities, staff offices,
parking structures and lots. All structures and parking facilities must be
subordinate to the main use and must be an integral part of hospital
operations.
C. MINIMUM YARDS
i- HOSPITAL Front Rear Side
St. Francis 25' 40' 15'
Mt. Sinai 25' 40' 15'
South Shore 20' 20' 15'
Heart Institute 20' 20' 15'
Island View 20' 20' 15'
The enlargement of existing Ri -1 Hospital Districts and the establishment of the new
RI-1 Hospital Districts with their respective yard setbacks shall be subject to City
Commission approval.
6 -15 MR Marine Recreation District.
A. DISTRICT PURPOSE. This is a waterfront district designed to accommodate
recreational boating activities and services.
B. 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 regulations found in Section 29.
1. Marina.
2. Boat docks, slips, piers, wharves, anchorages, and moorages for yachts and
pleasure boats or for boats for hire carrying passengers on excursion,
sightseeing, pleasure or fishing trips.
3. Yacht clubs.
6.28
4. Boat rentals, boat livery, and boats for hire.
5. Boat storage, including the incidental repair or painting of stored boats,
restricted to boats 40 feet or less in length.
6. Boat and marine motor services and minor repair while boats are in the
water, restricted to boats 65 feet or less in length.
7. Boat and marine engine sales and display, yacht broker, marine and
insurance broker.
8. Boat fuel sales for pleasure boats, with above - ground storage limited to
2,000 gallons.
9. Retail sale or rental of boating, fishing, diving, and bathing supplies and
equipment.
10. Piers for fishing.
11. Aquarium.
12. Restaurants, outdoor cafes, refreshment stands, bars, or cabarets, but not
drive -in restaurants.
13. The following uses may be permitted as a conditional use:
a. Municipal buildings and uses.
b. Uses not listed above, which are similar in character to one or more
permitted uses, and which would not be inappropriate in the district.
c. Temporary use for a period not to exceed 15 days.
14. Accessory uses for the above uses.
C. MINIMUM LOT AREA. None.
D. MINIMUM LOT WIDTFI. None.
E. MINIMUM YARD. 20 feet when adjacent to any residential district; otherwise
none.
F. MAXIMUM BUILDING HEIGIIT. 30 feet.
G. MINIMUM FLOOR AREA. None.
1 -1. MAXIMUM FLOOR AREA RATIO. None.
I. MAXIMUM LOT COVERAGE. 30% of the lot may be covered by structures.
6.29
6 -16 MU Municipal Use District.
A. DISTRICT PURPOSE. Upon ownership of any property by the City, said property
shall automatically convert to an MU Municipal Use District.
B. USES PERMITTED. The specific use shall be determined in accordance with the
City's Comprehensive Plan and under the regulations set forth for Conditional
Uses. No land, water, air or structure may be used in whole or in part, except
for one or more of the following uses but not limited to permitted uses that sell,
serve or otherwise distribute alcoholic beverages in this district shall comply
with the standards and regulations found in Section 29.
1. Publicly owned and operated recreational facility, playground, playfield,
park and beach.
2. Public and governmental buildings, services and uses such as governmental
office, police headquarter, fire station, library, museum, auditorium.
3. Municipal parking areas, parking structure, vehicle and equipment storage,
maintenance and service areas.
4. Public utilities or public service structures or appurtenances.
5. Any use similar to those listed above and in accordance with the
Comprehensive Plan for the specific area under consideration.
6. Accessory uses for the above uses.
a. Any accessory use in the area located between the established
Bulkhead Line and the Erosion Control Line shall be in accordance
with Section 30 Dune Overlay Regulations.
C. MINIMUM LOT AREA. None.
D. MINIMUM LOT WIDTH. None.
E. MINIMUM YARD. Shall be determined by the adjacent Use District or Districts
and consistent with Yard regulations of similar uses as designated in this
Ordinance.
F. MAXIMUM BUILDING I-IEIGHT. None.
G. MINIMUM FLOOR AREA. None.
11. MAXIMUM FLOOR AREA RATIO. Shall be determined by the adjacent Use
District or Districts and consistent with Floor Area Ratios of similar uses as
designated in this Ordinance.
I. MAXIMUM DENSITY. Applies only to residential uses and shall be determined
by the adjacent use district or districts and consistent with maximum densities
of similar uses as designated in this Ordinance.
6.30
6 -17 HM Hotel -Motel District.
A. DISTRICT PURPOSE. This district is designed to accommodate hotel and motel
facilities.
B. 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 regulations found in Section 29.
1. Hotels.
2. Motels and Motor Lodges.
3. Hotels containing 100 or more sleeping units may have the following
service facilities only: ballrooms, bars, barber shops, beauty shops,
cabarets, dance studios, dining rooms, laundries, massage service,
newsstands, restaurants, valet service, travel service, automobile rental
office, and retail stores for books, gifts, flowers, package fruits, tobacco,
drugs, sundries, house doctor with patients limited to residents of the
building. Such service facilities shall not have exterior entrances or exits
in accordance with the regulations contained in this Section.
4. Coin - operated vending machines for candy, tobacco, ice, soft drinks and
sundries.
5. Accessory off - street parking and loading spaces.
6. Night club, with exterior entrances or exits, accessory to a hotel or motel
containing 100 or more sleeping units.
7. Restaurant, with or without an accessory bar, but not a drive -in restaurant,
without exterior entrances or exits, accessory to a hotel or motel
containing 100 or more sleeping units.
8. The following uses may be permitted as an accessory use:
a. Uses enumerated under Section 7 -3, Accessory Uses.
C. MINIMUM LOT AREA. 10,000 square feet.
D. MINIMUM LOT WIDTIH. 100 feet.
E. MINIMUM YARD. As set forth in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA PER UNIT. 200 square feet.
6.31
11. MAXIMUM FLOOR AREA RATIO. 6.0.
I. MAXIMUM DENSITY. 220 units per acre.
6 -18 CCC Convention Center District.
A. DISTRICT PURPOSE. The general goals of this district include the following
specific purposes:
1. to create a special district characterized by the facilities necessary to
maintain the City's international reputation as a tourist and convention
center;
2. to provide adequate support facilities for convention, cultural and civic
activities on or over City -owned property within the District, as defined in
this Ordinance, thereby enhancing and supporting the economic growth of
the community; and
3. to promote the unique character of the district through environmental
design and selected land uses in a harmonious and compatible manner so as
to establish a connector to Lincoln Road Mall.
B. USES PERMITTED. No land, water, air or structure may be used in whole or in
part, except for one of the following uses. Permitted uses that sell, serve or
otherwise distribute alcoholic beverages in this district shall comply with the
standards and regulations found in Section 29.
1. Publicly owned and operated recreation facility or park.
2. Public and governmental buildings, services and uses such as governmental
office, fire station, library, museum, auditorium, garden center.
3. Municipal parking areas, parking structures, vehicle and equipment storage,
maintenance and service areas.
4. Public utilities or public service structures or appurtenances.
5. Hotels and the following service facilities only: ballrooms, bars, barber
shops, beauty shops, cabarets, dance studios, dining rooms, laundries,
massage service, newsstands, night clubs, restaurants, valet service, travel
service, automobile rental office, and retail stores for books, gifts,
flowers, package fruits, tobacco, drugs, sundries, house doctor with
patients limited to residents of the building; also such coin - operated
vending machines for candy, tobacco, ice, soft drinks and sundries. Such
service facilities shall have entrances only from (1) the hotel lobby, or (2)
the elevated pedestrian walkway system.
6. Merchandise Mart (National and International) and other exhibition /display
facilities for non - retail purposes.
7. Retail Commercial and office development compatible and consistent with
6.32
the purpose set forth in Item A. Such uses shall be subject to the
requirements and limitations described in the Request for Proposal issued
by the City for each specific site within this District.
8. Accessory off - street parking, with or without valet service, and loading
spaces.
9. Other uses compatible and consistent with the purposes set forth in Item A,
provided such uses shall be subject to the requirements and limitations
described in the Request for Proposal issued by the City for each specific
site within this District.
10. Any use similar to those listed above and in accordance with the
Development Plan for the specific area under consideration.
C. MINIMUM LOT AREA. None.
D. ^MINIMUM LOT WIDTH. None.
E. MINIMUM YARD. As defined in the Request for Proposal issued by the City for
each specific use or development.
F. MAXIMUM BUILDING 1-HEIGHT. None.
G. MINIMtUM FLOOR AREA PER HOTEL GUEST ROOM. As defined in the Request
for Proposal issued by the City for each specific use or development.
H. MAXIMUM FLOOR AREA RATIO. None.
I. MAXIMUM DENSITY.
1. Maximum number of hotel guest rooms in this district shall not exceed
3000.
2. Minimum number of guest hotel rooms per hotel will be 500.
3. Maximum allowable gross area of retail commercial and /or office space
shall be as defined in Request for Proposal issued by the City for each
specific use and development.
3. PARKING. The determination of the required parking shall be by the Planning
Department based upon the following criteria:
1. The amount of available parking within the Convention Center District at
the time the Request for Proposal is issued by the City;
2. The specific requirements of existing and proposed uses in the Convention
Center District based upon the availability of parking facilities to meet the
needs of such uses when these uses customarily require parking. The intent
being, for purposes of determining the amount of required parking spaces,
to allow any parking space to be counted more than once as a required
space for more than one use.
6.33
3. Uses - One space for each two hotel rooms or fraction thereof; all of which
are to be integral with the hotel itself. Required parking for hotel
accessory uses, other permitted uses and their accessory uses shall be in
accordance with criteria set forth in this Section;
4. For purposes of achieving the goals of this Section, all of the existing
parking spaces within the District at the time this Section is adopted by
the City Commission, are to be considered as provided spaces and not
required spaces for any existing use in this District;
5. Parking requirements listed in Section 9 of the Ordinance are to be
considered as guidelines in determining the required parking in accordance
with criteria set forth in this Section; and,
6. Required parking spaces may be provided within public facilities which are
located in this District by means of lease arrangements with the City or as
described in the Request for Proposal issued by the City.
K. COMPREIIENSIVE REVIEW PROCESS. Once a developer has been selected to
develop a given site, such developer's proposals for development within the
special CCC District shall be approved by the following: (1) City
Administration; (2) Planning Board; and (3) City Commission. Such approvals
shall be based on the following criteria:
1. Consistency and compatibility with the overall Development Plan for the
Civic Convention Center.
2. Request for Proposal issued by the City for each specific use or
development.
3. Overall compatibility with the surrounding districts.
a. Documents required:
The applicant shall be required to submit adequate design and
development documents so as to fully describe the scope and extent
of the proposed project, including those items listed in Section 14 -3
of this Ordinance, and any other information which may be
specifically requested during the review process.
b. Procedures:
An applicant shall file his application and all supportive documents,
in duplicate, with the Department of Planning which will forward one
copy to the Department of Public Works and copies to all
Departments participating in the review process. To facilitate such
process the applicant shall submit 12 copies of his application.
Written comments and recommendations shall be provided by all
appropriate departments and forwarded to the City Manager who
6.34
shall prepare a final Administrative recommendation which is to be
completed within forty -five (45) days after the original receipt of the
application by the Planning Department.
The application and Administrative recommendations shall then be
submitted to the Planning Board at an advertised public hearing for
its review and advisory recommendations.
The recommendations from both the Administration and the Planning
Board shall then be forwarded to the City Commission which shall
hold a public hearing to consider the application and may thereafter
grant or deny by majority vote the application for the proposed
development.
6 -19 MD -1 Marine District.
A. DISTRICT PURPOSE. This district is designed to permit the non - commercial
dockage of pleasure craft; live aboards shall not be permitted.
B. 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:
1. The non - commercial, wet dockage of pleasure craft.
C. MINIMUM YARDS.
1. Front: 71/2 feet.
2. Side: 7Y2 feet or 10% of the lot frontage whichever is greater. The side
yard requirements shall be deemed to extend to the water side
development as well as the land side. No use other than open space shall
be permitted in side yards in this District.
D. MAXIMUM STRUCTURE IIEIGIIT. Structures shall not exceed 10 ft. above the
sidewalk elevation.
E. MINIMUM LOT WIDTH. 40 feet.
F. DENSITY. 0 units per acre.
G. LANDSCAPE CRITERIA. A minimum of 85% of the lot area of any lot in this
District shall be landscaped with plant materials or decorative paving surfaces.
The Board of Adjustment shall have authority to grant variance from this
provision in the same manner as other variances are granted.
6 -20 MD -II Marine District.
A. DISTRICT PURPOSE. This district is designed to accommodate wet dockage of
pleasure craft, and commercial vessels strictly limited to the following: fishing
boats, tour boats, sail boat charters and sport boat charters, subject to the strict
compliance with conditions set below.
6.35
B. 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:
1. Wet dockage of pleasure craft, not including house boats or house barges.
Live aboards shall be limited as provided in subparagraph 2 (a) below.
2. Wet dockage of the following commercial vessels only: fishing boats, tour
boats, charter sail boats, and charter sport boats, subject to the
restrictions below. The following restrictions shall apply to the dockage of
pleasure craft and commercial vessels in this district.
a. Live aboards on pleasure craft or permitted commercial vessels shall
be limited to no more than one person serving as caretaker or crew of
a pleasure craft, or perrnitted commercial vessel, provided that said
person must maintain a residence at some place other than the
pleasure craft or permitted commercial vessels of which he is either
caretaker or crew; and further provided that in the case of any
pleasure craft, or permitted commercial vessel, docked principally in
Miami Beach for a period in excess of twenty -one (21) days in any
calendar year, the owner of the vessel and such caretaker or
crewman shall be required to register with the City and provide such
documentation as shall establish to the satisfaction of the City that
said person meets all the requirements of this provision.
b. The dockage of perrnitted commercial vessels shall be allowed solely
as a subordinate use to a hotel facility having an excess of two
hundred and fifty (250) sleeping units and which hotel facility is
located adjacent to the dockage use or which is separated by a public
way from such dockage use but is not more than one hundred and
fifty (150) feet from such dockage site.
c. No signage advertising the existance or availability of any perrnitted
commercial vessel shall be allowed except within the interior of the
hotel structure which is the main use to which such permitted
commercial vessel dockage is a subordinate use. Provided however
that a permitted commercial vessel may have more than one sign, the
appearance which is of professional quality, located on the vessel,
visible to the public, and which conforms to the following criteria:
1. the signage shall be of no more than two colors on a neutral
background;
2. the maximum length of permitted signage shall not exceed the
lesser of 6 feet or 10% of the length of the vessel, measured at
the mean waterline of said vessel;
3. the maximum height of permitted signage shall not exceed the
lesser of 21/2 feet or 10% of the length of the vessel, measured
at the mean waterline of said vessel.
d. The cleaning, processing, storage, or selling of fish, fish products or
other sea foods is specifically prohibited within this District.
6.36
C. MINIMUM YARDS.
1. Front: 20 feet.
2. Side: Minimum of 10 feet or 10% of the lot frontage whichever is greater.
The side yard shall be deemed to extend to the water side development as
well as the land side. No use other than open space shall be permitted in
side yards in this District.
D. EXISTING HOUSEBOAT DOCKAGE.
Houseboat dockage existing on June 28, 1978, within the area described in
Paragraph E of this Ordinance may be continued for a period of not more than
three and one -half years from the date this ordinance takes effect; subject to
the following conditions:
1. Flouseboat dockage is permitted solely for houseboats or housebarges
docked within the area described in Paragraph E of this Ordinance on
June 28, 1978, and which houseboats or housebarges remain continuously
docked within that area thereafter;
2. The houseboat or housebarge complies with all requirements for the control
of water pollution imposed by federal, state and local law.
E. That portion of land lying along the eastern bank of Indian Creek Waterway
between the southerly line of 55th Street extended and the northerly line of 41st
Street and on the east by the westerly line of Collins Avenue by and the same is
hereby rezoned from its present use classification of RS -4 to the classification
of MD -II.
F. That portion of land lying along the eastern bank of Indian Creek Waterway and
Lake Pancoast bounded on the north by the southerly line of 41st Street and on
the south by the northerly line of 24th Street and on the east by the westerly line
of Collins Avenue by and the same is hereby rezoned from its present
classification of RS -4 to the classification of MD -I.
6 -21 NI-1 Nursing 1 -tome District
A. DISTRICT PURPOSE. This District is designed to accommodate facilities
providing direct or supervised nursing care and rehabilitation services for the
chronically ill, the physically disabled, and the aged who require services
provided by medical professionals.
B. USES PERMITTED. No land, water, or structure may be used, in whole or in
part, except for one or more of the following uses:
1. Nursing Homes provided, however, that a "Certificate of Need" has been
issued by the State Department of Rehabilitative Services.
6.37
2. Accessory facilities necessary to the operation of a nursing home such as:
a. Chapel.
b. Dining Facilities including kitchens.
c. Laundry.
d. Offices for administrative personnel.
e. Recreation facilities and Employee Lounges.
f. Parking lots and structures.
C. MINIMUM YARDS. Minimum yards shall be no less than the minimum required
yards for the District in which the property was located immediately prior to the
change of zoning to NH Nursing Ilome District.
D. MINIMUM LOT AREA AND FRONTAGE. As provided in Section 16. Changes
and Amendments. However, not withstanding any other provision of this Zoning
Ordinance, applications for Change of Zoning to a Nursing Home District shall
contain an area of not less than 40,000 square feet.
E. MINIMUM FLOOR AREA PER UNIT. No unit shall have less than 200 square
feet, and, each unit accommodating more than 2 persons, shall contain 100
square feet of additional area for each person in excess of two.
F. MAXIMUM DENSITY. The maximum density permitted shall be no greater than
the permitted residential density for the District in which the property was
located immediately prior to the change of zoning to NH Nursing Home district.
G. MAXIMUM HEIGI -HT. The maximum building height for any Nursing Home shall
not exceed four (4) stories or 45 feet.
H. LOCATION. No application for a change of zoning to an NH Nursing Home
District shall be considered for any property which is located within an RS -1,
RS -2, RS -3 or RS -4 Single Family Residential District, C -6 Intensive
Commercial District, MU Municipal Use District, as of the Effective Date of
this Ordinance. In addition, no nursing home shall be located within 1,500 feet of
another existing nursing home.
6.38
SECTION 7
SUPPLEMENTARY USE REGULATIONS
The regulations set forth in this Section qualify or supplement the District Regulations
appearing elsewhere in this Ordinance.
7 -1 Conditional Uses.
A. PURPOSE. The purpose of this Section is to establish a process which is
designed to determine if certain uses, hereunder after referred to as Conditional
Uses, should be permitted. Special review of Conditional Uses is required
because these generally are of a public or semi - public character and are
esstential and desirable for the general convenience and welfare of the
community; but because of the nature of the use and possible impact on
neighboring properties, require the exercise of planning judgement on location
and site plan.
B. PROCEDURES Applications for approval of a conditional use shall be submitted
to the Planning Department, who shall prepare a report and recommendation for
consideration by Planning Board and City Commission, Within a reasonable time,
but in no instance less than thirty (30) days after receipt of a complete
application, the Planning Board shall hold a public hearing, at which parties in
interest and citizens shall have an opportunity to be heard. Approximately
fifteen (1.5) days prior to the public hearing date, a description of the request,
the time and place of such hearing shall be posted on the property, 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 Planning Board shall submit a
report and recommendations to the City Commission. The report may contain
additional conditions which should be imposed by the City Commission in
approving the conditional use. The City Commission may establish additional
conditions for an approval by a simple majority vote, but shall require a vote of
five - sevenths (5/7) of all members of the Commission to overrule a Planning
Board recommendation for disapproval or to eliminate or substantially change
any conditions attached to an approval by the Planning Board.
1. Site Plan Required. Each application for approval of a conditional
use shall be accompanied by a site plan meeting the requirements of
Section 14, 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.
2. Time Limitations
a. 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 Commission approval.
7.1
b. When extenuating circumstances or compelling reasons prevent the
applicant from complying with conditions of approval within the
above stated time periods, the applicant may request the Planning
Board to grant a 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. Notice Requirements for a request for an extension of time
shall be satisfied by placing the request on the Planning Board
Agenda.
c. 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 Planning Board.
Such use shall not be permitted to be re -used until the Planning Board
approval has been granted.
3. Compliance with Conditions
a. No licensing perrnit, Certificate of Occupancy, or Certificate of
Completion shall be issued until all conditions of approval have been
met. Permits issued under a conditional use approval may be revoked
by the Building Official for failure to comply with conditions of
approval or applicable regulations.
b. Within a reasonable time after a conditional use application or
amendment has been approved by the City Commission or approval of
the Planning Board, the applicant shall record in the Circuit Court
the action and conditions, if any. No Building Permit, Certificate of
Occupancy, Certificate of Completion or licensing permit shall be
issued until this regulation has been complied with.
4. Amendment of an Approved Conditional Use
a. An approved conditional use may be amended upon a decision by the
Planning Board who shall first determine whether the request is a
substantial or minor amendment. The process for a substantial
amendment shall be the same as for a new application. The process
for a minor amendment shall include listing the request on the
regular meeting agenda. In determining whether the request is a
substantial or minor amendment, the Board shall at a minimum
consider the overall impact of the change, increase or decrease in
parking or floor area, landscaping and design, consistency with this
Ordinance, efficient utilization of the site and circulation pattern.
Any increase in lot area, parking requirements, floor area ratio,
density, and /or lot coverage shall automatically be considered as a
substantial amendment.
5. Fees - The below fees are for the purpose of defraying expenses of public
notices and other administrative costs in connection with processing
applications:
7.2
a. Any applicant requesting and obtaining a public hearing before the
Planning Board shall pay the following fees:
1. Conditional Use - when a fee $400.00
has not been established for a plus $0.50 per
specific use mailing address
2. Planned Unit Development (PUD) $200.00 plus $0.50 per
as described in Sec. 6 -4 K.2. mailing address
3. Adult Congregate Living Facility $400.00 plus $35.00 per bed
plus $0.50 per mailing
address
b. A request for minor amendment to an approved conditional use,
clarification of conditions or an extension of time shall require a fee
of $100.00.
c. A request for a substantial amendment to an approved conditional use
shall require a fee of $200.
d. 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.
C. REVIEW GUIDELINES. Conditional Uses may be approved in accordance with
the procedures and standards of this Section, provided that:
1. the application is consistent with the Comprehensive Plan;
2. structures and uses associated with the request are consistent with the
Ordinance;
3. the public health, safety, morals, and general welfare will not be adversely
affected;
4. that adequate off - street parking facilities will be provided;
5. that necessary safeguards will be provided for the protection of
surrounding property, persons, and neighborhood values; and
6. the intended use or construction does not place a burden upon City
services.
7 -2 Control of Entrances and Exits.
Where these regulations specify that there shall be no exterior entrances or exits to an
7.3
accessory commercial use in a residential district, the general intent is that there
shall be no exterior evidence of the existence of such use, and for this purpose, the
following regulations shall apply:
A. The entrance or exit shall be located so that it shall not be visible from any
street, walk, or other public way.
B. The entrance or exit shall not be accessible to patrons from a public street,
walk, or other public way, or indirectly by means of any vestibule, foyer,
entryway, or room unless such vestibule, foyer, entryway, or room is accessible
only from the main entrance and main lobby of the building.
C. The entrances or exits may be accessible from a patio, court, yard, bay or ocean
frontage, or other open space adjoining the side or rear of a building, if such
entrances or exits are obscured from all streets by a wall.
D. No store fronts, show windows, or displays, or exterior signs or displays shall
indicate the presence of the commercial use except as specifically permitted in
these regulations.
E. Exterior emergency exits may be permitted as required, provided such exits are
identified as for emergency use only, are kept closed except for emergency use,
and are constructed so as to be opened only from the inside.
7 -3 Accessory Uses.
The following uses of structures, land or water are specifically permitted as an
accessory use to a principal use of the type indicated in any District in which such
principal use may be located. A use other than listed here may he permitted as an
accessory use provided that it is a use customarily associated with the principal use to
which it will he accessory, it will not be out of character with the general area, it will
he used by residents primarily, and it will pose no problem to neighboring properties.
A. RM -60 MULTIPLE - FAMILY ACCESSORY.
1. Office located in a main building for administration of a multiple - family
development, containing 10 or more dwelling units.
2. Laundry room for use of occupants of a multiple - family dwelling
development.
3. Newsstand within and operated primarily for convenience of occupants of a
multiple- family dwelling containing 100 or more dwelling units, such
newsstand to have no exterior entrances or exits, in accordance with the
regulations of this Section.
4. Public telephones, inside a main building.
5. Coin - operated vending machines for candy, tobacco, soft drinks, and postal
stamps inside a building with 20 or more dwelling units. The number of
machines shall not exceed two (2) machines per twenty (20) units.
Machines are prohibited on the outside of a building.
7.4
6. A dining room within and operated primarily for convenience of occupants
of a multiple - family dwelling containing one hundred (100) or more
dwelling units, such dining room to have no exterior entrances or exits in
accordance with the Regulations of this Section.
7. Accessory off street parking and loading spaces.
8. Valet Parking.
9. Washing and drying machines may be located inside or outside of a building.
When located outside of the building, they shall not be in any required yard
or visible from a right -of -way. The total number of machines on the site,
whether inside or outside the building, shall not exceed two (2) pair per ten
10) units or fraction thereof. One pair shall mean one (1) washer and one
1) dryer.
B. RM -100 MULTIPLE - FAMILY MEDIUM HIGH DENSITY AND RM -125 MULTIPLE
FAMILY HIGH DENSITY AND HOTEL -MOTEL ACCESSORY.
1. Any Single - Family Residential or Multiple - Family Low Density and Medium
Density accessory.
2. An office for administration of a multiple - family dwelling, hotel, or motel,
containing ten (10) or more dwelling units or guest rooms.
3. Coin - operated vending machines for candy, tobacco, ice, soft drinks, and
sundries, inside a building with twenty (20) or more dwelling units or guest
rooms.
4. Hotels containing one hundred (100) or more sleeping units may have the
following service facilities only: ballrooms, bars, barber shops, beauty
shops, cabarets, dance studios, dining rooms, laundries, massage service,
newsstands, restaurants, valet service, travel service, automobile rental
office, and retail stores for books, gifts, flowers, package fruits, tobacco,
drugs, sundries, house doctor with patients limited to residents of the
building. Such service facilities shall not have exterior entrances or exits
in accordance with the regulations contained in this Section.
5. Apartments and apartment hotels containing one hundred (100) or more
units may have the following service facilities only: restaurants,
solariums, saunas and massage services and sundry shops which shall be
limited to the sale of the following items: tobacco and tobacco products,
magazines and newspapers, candies, sodas, suntan oils, patent medicines,
milk, bread, eggs, tea, coffee, toilet and facial tissues. 1 -louse doctor with
patients limited to residents of the building. Such service facilities shall
have no exterior entrances or exits in accordance with the regulations
contained in this Section.
7.5
Customer -Bank Communication Terminals and /or remote financial service
units as an accessory use in apartment buildings having four hundred (400)
or more dwelling units, and located in RM -100 and RM -125 zoning districts,
provided that no agent or employee of the bank is to be stationed at the
location of such facility.
a. Accessory Restaurants shall be permitted in the RM -100 Multiple
Family Medium High Density and RM -125 Multiple Family High
Density Use Districts and may be used by the general public, and such
accessory restaurant uses shall be permitted to advertise the
existence of such accessory restaurant use to the general public;
provided, however, that nothing herein contained shall authorize or
permit the use of the exterior signs prohibited by Section 7 -2,D
except as provided for in Section 7 -3, B -4 and 5 and Section 11 -1, C-
6.
b. Any Apartment 1 -lotel having one hundred (100) sleeping units or more
for transients shall be considered a Hotel for purposes of permissible
accessory uses as set forth in Section 7 -3, B -4, subject, however, that
such service facilities shall not be out of character with the general
area; that the same shall be used by residents primarily; and that
such service facilities will pose no problem to neighboring properties.
In addition to the stipulations set forth in Section 7 -2, Control of
Entrances and Exits, and 7 -3, Accessory Uses, Apartment Hotels with
one hundred (100) or more sleeping units shall comply with the
following criteria to apply for accessory uses permitted in Hotels
with one hundred (100) or more sleeping units:
1. Registration Desk - staffed twenty -four (24) hours.
2. Open key and mail compartments for one hundred (100) or more
designated sleeping units.
3. Central telephone switchboard connecting in service to one
hundred (100) or more designated sleeping units.
4. One hundred (100) or more designated sleeping units shall not
have independent electrical or water meters.
Prior to the issuance of permits for such accessory uses, the
applicant shall receive an annual written certification statement
from the Development Services Department verifying compliance
with the above listed requirements.
6. Accessory off street parking and loading spaces.
7. Retail stores selling primarily alcoholic beverages for consumption on the
premises shall only be permitted to sell beer, wine, liquor, and other items
that are directly related and associated with their consumption.
8. Coin - operated Vending Machines
7.6
a. Washing and drying machines may be located inside or outside of a
building. When located outside of a building they shall not be in any
required yard or visible from a right -of -way. The total number of
machines on the site, whether inside or outside of a building shall not
exceed one (1) pair per ten (10) units or fraction thereof. One (1) pair
shall mean one (1) washer and one (1) dryer.
b. Vending machines for postage stamps, candy, tobacco, and soft drinks
shall only be permitted inside a building with a total of twenty (20) or
more dwelling units, sleeping units, or fraction thereof. Buildings
with less than twenty (20) units shall not be permitted to have such
vending machines. The number of machines shall not exceed one (1)
per twenty (20) units or fraction thereof.
C. OFFICE AND BUSINESS ACCESSORY.
1. Storage of office supplies or merchandise normally carried in stock in
connection with a permitted office or business use subject to applicable
District regulations.
2. Accessory off street parking and loading spaces, subject to applicable
District regulations.
D. INDUSTRIAL.
J . Storage of goods used in or produced by permitted industrial uses or related
activities, subject to applicable District regulations.
2. Accessory off street parking and loading spaces.
E. R -PS 1 -4 ACCESSORY
Permitted accessory uses shall include those listed in Sections 7 -3A and B of this
Ordinance provided, however, that such accessory uses shall: (1) be designed
principally to accommodate and serve the residents /occupants of the principal
use; (2) have limited accessibility to the general public; (3) be of size and
character consistent with the needs of the residents /occupants of the principal
use; (4) meet any increased parking requirements necessitated by such use; (5)
not require additional loading facilities; and (6) not cause the need for any
variance in minimum required yards, height, setback, bulk, parking, loading, floor
area ratio, open space ratio, or other requirements of this Ordinance.
F. C -PS 1 -3 ACCESSORY
Permitted accessory uses shall include those listed in Section 7 -3C of this
Ordinance for non - residential principal uses and those listed in Sections 7 -3A and
B, as modified by Section 7 -3E of this Ordinance, for residential principal uses.
Accessory uses in a mixed use development shall be subject to the requirements
for residential principal uses if 25% or more of the total area of the building is
used for dwelling purposes and to the requirements for non - residential principal
uses if less than 25% of the total area of the building is used for dwelling
purposes.
7.7
7 -4 Performance Standards.
All Districts shall be so operated as to comply with the standards of performance
described in this Section below. In addition to the performance standards hereinafter
specified, all uses shall be so constructed, maintained, and operated as not to be
injurious to the use of occupation of the adjacent premises by reason of the emission
or creation of noise, vibration, smoke, dust, or other particulate matter, toxic or
noxious waste materials, odors, radiation, fire and explosive hazard or glare.
A. NOISE.
Any use in the locations specified above and below shall be so operated as to
comply with the performance standards governing noise set forth below.
Objectionable noises of an intermittent nature shall be controlled so as not to
become a nuisance to adjacent uses.
Sound levels shall be measured with a sound level meter and associated octave
band filter manufactured in compliance with standards prescribed by the
American Standards Association.
At no point on a property line or district boundary as indicated, shall the sound
intensity level of any individual operation or plant other than the operation of
motor vehicles or other transportation facilities exceed the decibel levels in the
designated octave bands shown in the following table.
Between 8:00 A.M. and 6:00 P.M.
Octave Band
Frequency,
Cycles
per second)
Maximum Permitted Sound Level (Decibels).
Along Property Lines
Abutting or within a
Residential District
Along Property Lines
Within a Business or
Industrial District.
63 72 79
125 67 74
250 59 66
500 52 59
1,000 46 53
2,000 40 47
4,000 34 41
8,000 32 39
Maximum permitted sound level shall be reduced by three decibels in each
octave band between the hours of 6:00 P.M. and 8:00 A.M.
B. VIBRATION.
No use shall be operated so as to produce ground vibration noticable, without
instruments, at the lot line of the premises on which the use is located.
7.8
C. SMOKE AND OTHER PARTICULATE MATTER.
No use shall be operated except in compliance with the prohibitions against air
pollution of the Pollution Control Ordinance of Metropolitan Dade County.
D. ODORS.
No use shall be operated so as to produce the emission of objectionable or
offensive odors in such concentration as to be readily perceptible at any point at
or beyond the lot line of the property on which the use is located. The guides
and standards contained in the prohibitions against air pollution of the Pollution
Control Ordinance of Metropolitan Dade County are hereby adopted as a guide in
determining the quantities of offensive odors.
E. TOXIC OR NOXIOUS MATTER.
No use shall for any period of time discharge across the boundaries of a lot on
which it is located, toxic or noxious matter in such concentrations as to be
detrimental to or endanger the public health, safety, comfort, or general welfare
or cause injury or damage to persons, property, or the use of property or land.
F. RADIATION HAZARDS.
Applicable standards of the Florida State Board of Health Sanitary Code are
hereby adopted.
G. ELECTROMAGNETIC INTERFERENCE.
No use, activity, or process shall be conducted which produces electromagnetic
interference with normal radio or television reception in any residential or
business district.
H. FIRE AND EXPLOSIVE HAZARDS.
Each use shall be operated so as to minimize the danger from fire and explosion
and to comply with the regulations contained in the South Florida Building Code
and Chapter 14, The Code of The City of Miami Beach.
1- TUMIDITY, HEAT, OR GLARE.
Any activity producing humidity in the form of steam or moist air, or producing
heat or glare shall be carried on in such a manner that steam, humidity, heat or
glare is not perceptible at any lot line.
7.9
SECTION 8
SUPPLEMENTARY YARD, AREA, HEIGHT AND BULK REGULATIONS
The regulations set forth in this section qualify or supplement the District
Regulations appearing elsewhere in this Ordinance.
R -1 Supplementary Yard Regulations.
A. GENERAL.
1. Public Alleys - Whenever a lot abuts upon a public alley, one -half (1/2) of
the alley width may be considered as a portion of the required yard,
however, a required yard of ten (10) feet shall be provided exclusive of the
alley width and no portion of the building, including any allowable
encroachment, shall he permitted within ten (10) feet of the alley.
2. Determination of Side Street - Where these regulations refer to side
streets, the Code Enforcement 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.
3. Established Right -of -Way - 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,
4. Through Lots - Except as otherwise provided in this Ordinance, on through
lots the required front yard shall be provided on each street.
5. Minimum Side Yards, Public and Semi - Public Buildings -The minimum
depth of interior side yards for schools, libraries, churches, community
houses, and other public and semi - public buildings in residential districts
shall be fifty (50) feet, except where a side yard is adjacent to a business
district, in which case, the depth of that yard shall be as required for the
district in which the building is located.
B. ALLOWABLE ENCROACHMENTS.
1. Projecting - Every part of a required yard shall be open to the sky, except
as authorized by this Ordinance, and except ordinary projections of sills,
belt courses, roof overhangs, window air conditioning units, chimneys,
cornices, exterior unenclosed private balconies and ornamental features
which may project into a required yard a distance not to exceed 25% of the
width of the required yard provided such projections are not to exceed six
6) feet and provided that there should not be less than eight (8) feet clear
height under any such projection where egress to more than one (1) unit is
provided under such projection. Exterior unenclosed private balconies as
herein described, may be contiguous provided access between such
balconies is prohibited.
8.1
2. Awnings - Movable awnings attached to, and supported by a building wall
may be placed over doors or windows in any required yard, but such
awnings shall not project closer than three (3) feet to any lot line.
3. Canopies - A canopy shall be permitted to extend from the entrance door
to the street line of any main building in a multiple - family residential
district. Where a sidewalk or curb exist, the canopy may extend to within
eighteen (18) inches of the curb line. Such canopies shall not exceed
fifteen (15) feet in width or twelve (12) feet in height or be screened or
enclosed in any manner and shall provide an unobstructed, clear space
between the grade and the bottom of the valance of at least seven (7) feet.
4. Porches and Platforms - Open, unenclosed porches or platfroms not
covered by a roof or canopy, and which do not extend above the level of
the first floor of the building and completely enclosed below the floor of
the porch or platform, may extend or project into the front or side yard not
more than six (6) feet; however, at least two and one half (2 1/2) feet of
the required yard must be maintained as permanent landscaped open space
excluding parking areas.
5. Fences, Walls, Hedges, Gates and Lightpoles are permitted as follows:
a. Single family districts
1. Required Front Yard
a. Except as provided, the maximum height of fences and
walls shall not exceed five (5) feet when located in any
required yard. Ornamental fixtures or lamps are
permitted to be placed on poles, walls or fences only when
located in the required front yard or any yard facing a
public street, alley, golf course, or body of water. The
total height of the combined structure shall not exceed
seven (7) feet. Ornamental fixtures and lamps shall be
located with a minimum separation of eight (8) feet on
center with a maximum width of two (2) feet.
b. Fences and walls shall be permitted to exceed the five (5)
foot height limit; however, for every one (1) foot increase
in height or fraction thereof, the fence or wall shall be
set back two (2) feet from the front property line.
Ornamental fixtures and lamps shall be permitted with
the same size and space requirements listed above
however their portion of the increased height shall not be
computed in determining the setback requirement. In no
instance shall the height of the wall or fence exceed
seven (7) feet. The total height of the combined
structure, including the ornamental fixture and lamp,
shall not exceed a height of nine (9) feet.
8.2
c. Open picket type gates are perritted to have a maximum
height of ten (10) feet and a width of twenty (20) feet,
however for every one (1) foot in height or fraction
thereof in excess of the five (5) foot height limit, the gate
shall be set back two (2) feet from the property line.
Solid or opaque gates which exceed the five (5) foot
height limit are prohibited.
d. Hedges shall not exceed a maximum height of seven (7)
feet.
e. Lightpoles including ornamental fixtures and lamps shall
not exceed a maximum height of ten (10) feet.
2. Required Side or Required Rear Yard
a. Fences and Walls - The maximum height, including
ornamental fixtures shall not exceed seven (7) feet;
except for the following as provided below:
1. Tennis courts as listed in Section 8 -1, B -5 (g).
2. When any side or rear yard abutting the bay, a
canal, waterway or golf course, the maximum height
of a fence or wall shall not exceed five (5) feet.
b. Hedges - maximum height shall not exceed seven (7) feet.
c. Lightpoles - are only permitted pursuant to
Section 8 -1, B -5(g) or when not located within the side
yard setback. All light shall be contained on site as
required by Section 7 -4, Performance Standards.
3. Chain Link Fences are prohibited in the required front yard, any
required yard facing the bay or canal or in any required side
yard adjacent to a street except as provided in Section
8 -1, B -5 (g).
b. C -6 Commercial Interior District
1. The maximum height of a wall or fence in the required front,
rear, or any side yard shall not exceed seven (7) feet, excluding
barbed wire or materials of similar character. Provided that
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.
8.3
c. In any district except single family and C -6
1. The maximum height shall not exceed five (5) feet in the
required front yard and seven (7) feet in the required side and
rear yards. Ornamental fixtures and lamps are permitted to be
placed on walls or fences only when located in the required
front yard or when fronting on any yard facing a public street
or alley, golf course, or body of water. The total height of the
combined structure shall not exceed seven (7) feet.
d. All surfaces of masonry walls and wood fences, when seen from
adjoining properties, shall have a stucco or painted finish.
e. Along the boundary between a residential and business district - ten
10) foot maximum height.
f. The use of barbed wire or materials of similar character is prohibited
in all districts except in the C -6 district.
g. The following regulations shall apply for fences, lightpoles or other
accessory structures associated with a tennis court, basketball court
or similar court games in all single family districts.
1. Required front yard - maximum height of fences shall be ten
10) feet when located at least ten (10) feet from the front
property line.
2. Required side and required rear yard - maximum height of
fences shall be 10 feet when located seven and a half (7 1/2)
feet from the interior property line. When the fence faces a
street, the maximum height shall be ten (10) feet when located
fifteen (15) feet from the property line.
3. Any and all accessory lighting, customarily associated with the
use of court games, shall be erected as to direct light on the
premises only. 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.
4. All chain link fences shall be coated with green or black
materials.
5. When fences are located in required yards, they shall be
substantially screened from public view from adjacent
properties, public right -of -ways, and waterways by landscape
materials.
6. 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 (7Y2) feet, any side facing on a street - fifteen (15)
feet, rear - seven and one half (7Y2) feet.
8.4
h. Ornamental fixtures and lamps shall have a minimum separation of
eight (8) feet on center and a maximum height of two (2) feet.
6. Swimming Pools - Accessory swimming pools, open and enclosed, or
covered by a screen enclosure, or screen enclosure not covering a
swimming pool, may occupy a required rear or side yard, provided:
a. Rear Yard Setback
1) Six (6) feet minimum setback from rear property line to pool
deck or platform, or screen enclosure asociated or not
associated with a pool, provided, however, that pool decks may
extend to the property line when abutting upon any bay or
canal. There shall be a minimum seven and a half ( 7 1/2) feet
setback from the rear property line to the water edge of the
pool.
b. Side Yard Setback.
1) Nine (9) feet minimum required setback from side property line
to the water edge of the pool.
2) Seven and one half (7 1/2) feet minimum required setback from
side property line to pool deck or platform, or screen enclosures
associated or not associated with a pool.
3) MF District - seven and one half (7 1/2) feet minimum required
setback from an interior side property line to pool deck or
platform and fifteen (15) feet minimum required setback facing
a street.
4) Single Family District - Seven and one half (7 1/2) feet
minimum required setback from an interior side property line to
pool deck or platform except for corner lots which shall provide
a minimum ten (10) feet setback from the property line to the
pool, deck or platform or screen enclosure.
c. The highest water level of all pools shall be no higher than the
finished floor elevation of any adjacent and contiguous dwelling or
sleeping units.
A walk space at least eighteen (18) inches wide shall be provided
between pool walls and fences or screen enclosure walls. Every
swimming pool shall be protected by a safety barrier and self - closing
and self - locking gate approved by the Code Enforcement Director.
The minimum size of all commercial swimming pools shall be four
hundred fifty (450) square feet with a minimum dimension of fifteen
15) feet and all required walkways shall have a minimum width of
four (4) feet around the pool, exclusive of the coping. Commercial
swimming pools shall also satisfy all requirements of the State Health
Code.
8.5
7. Visual Barriers for Swimming Pools - Accessory swimming pools when
located on the front or side yard, facing a public street, shall be screened
from public view as provided for in Section 32 -6E.
8. Accessory Buildings - 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. A screen enclosure 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.
9. Boat, Boat Trailer, Camp Trailer Storage - Permitted accessory storage of
a boat, boat trailer or camp trailer shall not be conducted in a front yard.
10. Central Air Conditioners - Accessory central air conditioners may occupy a
required side or rear yard, for one (1) or two (2) family homes or group
houses provided:.
11.
a. They are not closer than five (5) ft. to a rear or side lot line.
b. They meet the sound level requirements of Section 7 -4.
c. They shall not exceed a height of two (2) ft., six (6) inches above the
sidewalk elevation.
d. They maintain any required sound buffering equipment outside the
minimum five (5) ft. yard area specified in part a. above.
Ilot Tubs, Showers, Saunas, Whirlpools, Toilet Facilities, Swimming Pool
Equipment, Decks - Hot tubs, showers, whirlpools, toilet facilities,
swimming pool equipment, 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 1/2) feet to a rear or interior
side lot line. Free standing, unenclosed facilities including surrounding
paved or deck areas shall adhere to the same setback requirements as
enclosed facilities.
12. Marine Structures - Seaward sideyard setbacks for boat slips, decks,
wharves, dolphin poles, mooring piles, davits, or structures of any kind shall
be equal to landward sideyard setbacks. The minimum setback shall not be
less than seven and one half (7 1/2) feet. These setback requirements
pertain to the enlargement of existing structures as well as the
construction of new structures. It is further provided 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.
8.6
13. Carports - An open carport which is constructed of canvas and pipe for the
express purpose of shading automobiles shall have a minimum required
interior sideyard setback of four (4) feet and shall be permitted to extend
into the required front yard setback of a single family residence, provided
such carport is at least eighteen (18) inches from the property line or
sidewalk. Carports shall not be permitted to exceed twenty (20) feet in
width, twenty (20) feet in length and ten (10) feet in height or 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 on a single building site.
For setback purposes only, carports constructed prior to the adoption of
this Section shall be considered as legal non - conforming uses, however, the
degree of non - conformity shall not be compounded although they may be
repaired or replaced.
14. Driveways - All driveways in single family residential districts shall have a
minimum four (4) foot setback from the side property line.
8 -2 Corner Visibility.
A. On a corner lot, there shall be no structure or planting which materially
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 intersection.
8 -3 Minimum Yard Regulations for Multiple - Family Zoning Districts.
A. MF DISTRICTS ESTABLISHED.
1. For the purpose of establishing setback regulations for multiple - family
zoning districts and for residential uses in commercial districts, the City of
Miami Beach shall be divided into eleven (11) area districts as described on
the Multiple - Family Zoning Area District Map included herein, and
hereafter referred to as MF -1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11. Districts 1
through 4 include ocean front properties. Districts 5 through 8 include
waterway and bayfront properties. Districts 9, 10 and 11 include interior
properties.
2. Any property located within a multiple- family, HM, or commercial zoning
district that is not assigned a specific MF District by ordinance or by
provisions contained herein, shall be automatically included in the
following: MF -1 for oceanfront properties; MF -5 for waterway and
bayfront properties; and MF -10 for interior properties.
B. FRONT AND REAR - MINIMUM YARDS.
Front and Rear Yards shall be provided in accordance with the following table.
No minimum yard requirement for an upper level shall be less than the minimum
yard requirement for any lower level.
8.7
DISTRICT LEVEL FRONT REAR
MF -1
Sub 50 50
Ground 50 50
Pedestal 50 90
Tower 50 90 + .4 height **
Sub 20 50
MF-2 Ground 20 50
Pedestal 40 75
Tower 40 .5 height **
MF -3
MF -4
MF -5
Sub 20 50
Ground 20 50
Pedestal 20 50
Tower 40 .5 height **
Sub 20 50
Ground 20 50
Pedestal 20 50
Tower 20 . 33 height**
Sub 20 0
Ground 20 10
Pedestal 20 40
Tower 40 40
Sub 20 0
MF-6 Ground 20 10
Pedestal 20 20
Tower 20 20
AF-7
MF -8
Sub 25 0
Ground 25 10
Pedestal 25 40
Tower 25 40
Sub 20 0
Ground 20 20
Pedestal 20 20
Tower * 30
8.3
DISTRICT LEVEL FRONT REAR
No subterranean area shall be allowed in this district.
MF -9 Ground 20 10
Pedestal 20 10
Tower 20 .3 height**
No subterranean area shall be allowed in this district.
MF -10 Ground 20 10
Pedestal 20 10
Tower * .3 height**
SIDE
DISTRACT LEVEL FRONT REAR INTERIOR ST. OR ALLEY
MF -11 10' -Grade
Sub. 20 0 0 0 -Below
Ground 20 10 10% or 7.5' Min. 10'
Pedestal 20 20 10% or 7.5' Min. 10'
Tower 20 30 .3 ht. ** .3 ht. **
There shall be a minimum front yard of twenty (20) feet. No point on a
building or structure shall be closer to the center line of a street than .5
the height above sidewalk elevation, however, no minimum front yard
shall be required to exceed forty (40) feet.
The minimum front and rear yard for the tower, when based on height,
shall not exceed the setback required for a height of two hundred and one
tenth (200.1) feet. The minimum front yard for the tower shall be
constant.
8.9
C. SIDE YARD MINIMUMS. No minimum yard requirement for an upper level shall
be less than the minimum yard requirement for a lower level.
1. RM -14 and RM -24 Multiple- Family District - The sum of the side yard
widths shall be at least twenty five (25) percent of the lot width, but no
side yard adjacent to a street shall be less than fifteen (15) feet and no
interior side yard shall be less than seven and one half (7 1/2) feet.
2. RM -60, RM -100, RM -125 Multiple - Family Districts.
a. Subterranean. This portion of the building is not permitted in
districts MF -9 and MF -10. Where permitted, subterranean areas that
abut a side lot line, shall provide an open and unencumbered access
from the front yard to the roof of such area by means of ramp or
stairs. Minimum yards shall be as follows:
1) Interior sides. None required.
2) Streets and Alleys. A ten (10) feet minimum yard shall be
required adjacent to a street or alley and shall be developed and
maintained as a landscaped area.
b. Ground and Pedestal. The sum of the side yards shall be at least
twenty five (25) percent of the lot width.
1) Interior sides. No interior side yard shall be less than ten (10)
percent of the lot width or seven and one half (7 1/2) feet,
whichever is greater.
2) Streets. No side yard adjacent to a street shall be less than
fifteen (15) feet or ten (10) percent of the lot width, whichever
is greater. The first ten (10) feet shall be developed and
maintained as a landscaped area.
c. Tower. The minimum side yard shall not exceed 0.33 of the lot
width.
1) Interior sides. The minimum side yard setback shall be constant
and equal to 0.3 of the building height.
2) Side streets. No point on the tower shall be closer to the
center line of a side street than 0.50 of the building height.
The resulting minimum yard shall be constant.
8 -4 Lot Coverage for Multiple - Family Zoning Districts.
A. EXEMPTIONS.
1. On a lot with a total area less than 10,000 square feet, there shall be no lot
411 coverage restrictions.
8.10
2. That portion of a building or structure which is equal to or less than twenty
20)feet in height and is utilized solely and exclusively for the purposes of
parking, equipment, public spaces, access ways, swimming pools, cabanas,
lobbies, shops, and offices, but under no circumstances used for apartment
units or sleeping units, shall be excluded from lot coverage computation.
Open balconies, awnings and porte cocheres shall not be included in
determining the building area.
B. MAXIMUM LOT COVERAGE.
1. On a lot with a total area of 10,000 square feet or greater, the lot
coverage permitted shall be determined by the height of the building in
accordance with the following table; provided that the maximum lot
coverage permitted shall be fifty (50) percent for the pedestal level, as
described herein, of any building or group of buildings, regardless of the
total height of the building.
In determining compliance with the provisions of this section, maximum lot
coverage requirements shall vary based upon the total height each portion of the
building is above grade as noted below:
Height of Building Lot Coverage
50 ft. or less 50%
50.1 - 60 ft. 31%
60.1 - 70 ft. 29%
70.1 - 80 ft. 28%
80.1 - 90 ft. 27%
90.1 - 100 ft 26%
100.1 - 150 ft. 25%
150.1 - 200 ft. 20%
200.1 or greater 15%
C. OFF -SITE FACILITIES EXCLUDED.
1. Required off - street parking not located on the same lot with building or
use served as specified in Section 9 -3, Off -Site Facilities, shall not be
included in the lot coverage computation.
8.11
8 -5 Mixed Use - Yards, Area and Bulk Requirements.
A. Where more than twenty five (25) percent of the total floor area of any building
in a business district is used for dwelling purposes, the height, area and bulk
requirements for residential development as described in this Ordinance shall
apply, in accordance with the appropriate Multiple - Family Area District
regulations imposed on such business districts as described on the Multiple -
Family Zoning Area District Map subject to the yard modification for mixed uses
contained elsewhere in this article. However, no minimum yard required for a
residential use shall be less than that required for a non - residential use. Where
twenty five (25) percent or less of the total area of such building is used for
dwelling purposes, the buildings shall be subject to non - residential buildings in
the district.
B. Where a building containing both residential and non - residential uses is subject to
the height, area and bulk requirements applicable to residential development, a
minimum required front yard of ten (10) feet shall be provided and developed and
maintained as a landscaped area. The minimum required side yard, when
adjacent to a street, shall be ten (10) feet and be developed and maintained as a
landscaped area. Yard requirements for residential development shall be applied
only to the lowest floor (and all floors above it) which contain more than twenty -
five (25%) percent of its area used for dwelling space. Yard requirements for
non - residential development shall be those required in the applicable business or
MF district.
C. Whenever a lot in a business district abuts upon a public off - street parking area,
residential rear yard requirements may be reduced by one half (1/2) however, a
minimum rear yard of ten (10) feet shall be provided for those areas of
residential development as described herein.
8 -6 Oceanfront Lots - For purposes of this section, the term Oceanfront Lot shall mean all
lots, in whole or in part, whose district boundary includes the established Bulkhead
Line. Land located between the Erosion Control Line and the established Bulkhead
Line are not included in this definition.
A. Oceanfront lots shall have a minimum required rear yard setback of fifty (50)
feet measured from the bulkhead, in which there shall be no construction of any
dwelling, hotel, motel, apartment building, commercial building, seawall,
revetment or other structure incidental to or related to such structure except in
accordance with the following provisions:
1. All structures, applicants for any occupational license, or building permit,
whether new or renewal applications, and uses shall be approved by the
Design Review Board.
2. Permitted uses are limited to the following: shade structures, sidewalk
cafes, swimming pools, cabanas, hot tubs, showers, whirlpools, toilet
facilities, swimming pool equipment, decks, patios, and court games when
said games require no fences.
8.12
3. There shall be a minimum required fifteen (15) feet setback from a side lot
line and a minimum required ten (feet) setback from the bulkhead line.
4. The maximum height of any structure, shall not exceed one (1) story or
twelve (12) feet, whichever is greater.
5. The finished floor elevation of decks, patios, platforms, or any other
structure shall have a maximum height of two and one half (2 1/2) feet
above the top of the dune.
6. The maximum floor area shall be four hundred (400) square feet for any
structure.
7. Lot Coverage - At least fifty (50) percent of the required rear yard setback
is to be open to the 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 represent 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 Chapter 161 of Florida Statutes and any governmental
agencies having jurisdiction.
10. The required rear yard setback area shall not be used for off - street
parking.
8 -7 Modification of Height Regulations.
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.
2. Chimneys.
3. Church spires.
4. Conveyors.
5. Cooling towers.
6. Elevator bulkheads.
7. Fire towers.
8. Flag poles.
9. Monuments.
10. Ornamental towers and spires.
11. Smoke stacks.
12. Stage towers or scenery lofts.
13. Tanks.
14. Water towers.
15. Radio and television towers less than 125 feet in height.
8.13
3. There shall be a minimum required fifteen (15) feet setback from a side lot
line and a minimum required ten (feet) setback from the bulkhead line.
4. The maximum height of any structure, shall not exceed one (1) story or
twelve (12) feet, whichever is greater.
5. The finished floor elevation of decks, patios, platforms, or any other
structure shall have a maximum height of two and one half (2 1/2) feet
above the top of the dune.
6. The maximum floor area shall be four hundred (400) square feet for any
structure.
7. Lot Coverage - At least fifty (50) percent of the required rear yard setback
is to be open to the 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 represent 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 Chapter 161 of Florida Statutes and any governmental
agencies having jurisdiction.
10. The required rear yard setback area shall not be used for off - street
parking.
8 -7 Modification of Height Regulations.
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.
2. Chimneys.
3. Church spires.
4. Conveyors.
5. Cooling towers.
6. Elevator bulkheads.
7. Fire towers.
8. Flag poles.
9. Monuments.
10. Ornamental towers and spires.
11. Smoke stacks.
12. Stage towers or scenery lofts.
13. Tanks.
14. Water towers.
15. Radio and television towers less than 125 feet in height.
8.13
B. The height of all allowable items in Paragraph A. above shall not exceed twenty -
five (25) feet in height above the height used to establish a required minimum
yard.
C. Notwithstanding other provisions of these regulations, the height of all
structures and natural growth shall he limited by the requirements of the Federal
Aviation Agency and any airport zoning regulations applicable to one (1)
structure and natural growth.
8.14
SECTION 9
PARKING REGULATIONS
9 -1 Parking Districts Established.
For the purpose of establishing off - street parking requirements, the City of Miami
Beach shall be divided into three parking districts.
A. PARKING DISTRICT NO. 1 - Parking District No. 1 is that area of the City of
Miami Beach, Florida, not included in Parking District No. 2 or in Parking
District No. 3.
B. PARKING DISTRICT NO. 2 - Parking District No. 2 includes the following area:
Commencing at the north side of 44th Street and the east side of Collins Avenue
extended as point of beginning; thence run westerly along the north side of 44th
Street to the east bank of Indian Creek; thence run northerly along the east bank
of Indian Creek to the south side of 63rd Street; thence run easterly along the
south side of 63rd Street to the east side of Collins Avenue; thence run northerly
along the east side of Collins Avenue to the southside of 69th Street; thence run
easterly along the south side of 69th Street extended to the established bulkhead
line; thence run southerly along the established bulkhead line to the north side of
44th Street extended; thence run westerly along the north side of 44th Street to
the point of beginning.
C. PARKING DISTRICT NO.3 - Parking District No. 3 is that area of Miami Beach,
Florida bounded by the established bulkhead line and the erosion control line
extended to the northern and southern boundary of the City.
9 -2 Off - Street Parking Required.
Except as otherwise provided in this Ordinance, when any building or structure is
erected or structurally altered, accessory off - street parking spaces shall be provided
for the building, structure, or additional floor area as follows:
A. PARKING DISTRICT NO. 1 -
1. Single - family detached dwelling - 2 spaces.
2. Two, three and four - family - 1 1/2 spaces for each unit.
3. Group House - 1 1/2 spaces for each unit.
4. Apartment building and apartment -hotel - 1 space for each 1 efficiency
unit; 1 space per one - bedroom unit; 3 spaces per 2 dwelling units with two
or more bedrooms. Dwelling unit with more than three bedrooms shall
provide 1 extra space per bedroom unit for any bedroom exiting upon the
corridor; and 1 space per sleeping room. For the purpose of computing
parking requirements, an efficiency unit shall have a maximum of 750
square feet, and a one - bedroom unit a maximum of 1,200 square feet.
9.1
5. Rooming, boarding, or lodging house - 1 space per sleeping
unit plus 2 spaces for the building.
6. Hotel - 1 space for each 1 sleeping unit.
7. Motel or motor lodge - 1 space per sleeping unit.
8. Church, synagogue or temple, auditorium or place of assembly - 1 space
per 6 seats, or bench seating spaces in main auditorium.
9. College - 1 space per 5 seats in the main auditorium, or 1 space per 3 seats
per classroom, whichever is greater.
10. High school - 1 space per 12 seats in the main auditorium, or 2 spaces per
classroom, whichever is greater.
11. Junior high, elementary, or nursery school - 1 space per 15 seats in main
assembly room, plus 1 space per classroom.
12. Private clubs, country clubs, fraternities, sororities, and lodges - 1 space
per 250 square feet of floor area.
13. Funeral home - 1 space per 6 seats or bench seating spaces in chapel.
14. Auditorium, theatre, gymnasium, stadium, arena, or convention hall - 1
space per 4 seats.
15. Grocery stores, fresh fruit, fish, meat, poultry - 1 space per 250 square
feet of floor area.
16. "RH" Hospital Districts. The following parking regulations shall apply to
structures situated in the "RH" Hospital District:
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:
a. Hospital - 1 1/2 spaces per hospital bed.
b. Educational facility - 1 space per 5 seats in the main auditorium or 1
space per 3 seats per classroom, whichever is greater.
c. Offices, clinics - 1 space for each 400 square feet of floor area.
d. Research facility - 1 space for each 1,000 square feet of floor area.
17. Accessory Uses.
Parking requirements for permitted accessory uses in an apartment
building, apartment- hotel, hotel, motel, or motor lodge and containing 100
or more dwelling units and /or sleeping units, shall be provided as follows:
9.2
a. One space per 600 square feet of retail, personal services, and /or
office floor space, utilized as rental space.
b. One space per 10 seats of total, combined seating capacity in public
eating and drinking facilities and 1 space per 5 seats of available
seating area in assembly and meeting rooms.
c. One space per 5 boat berths.
d. One space per two cabanas.
18. Retail store or personal service establishment - 1 space per 300 square feet
of floor area including stock brokerage.
19. Furniture store, hardware, machinery, equipment and automobile and boat
sales and service - 1 space per 400 square feet of floor area.
20. Nursing homes - 1 space for each 2 beds.
21. Office or office building - 1 space per 400 square feet of floor area,
however, medical offices and clinics shall provide 1 space per 300 square
feet.
22. Restaurants or other establishment for consumption of food or beverages
on the premises - 1 space per 4 seats.
23. Animal hospital - 1 space per 400 square feet of floor area.
24. Bus or other mass transit station - 1 space per 50 square feet of floor area.
25. Bowling alley or pool room - 2 spaces for each alley or per billiard or pool
table.
2.6. Amusement place, dance hall, skating rink, swimming pool, natatorium or
exhibition hall without fixed seats - 1 space for each fifty (50) feet of floor
area available for seats.
27. Banks and savings and loan associations - 1 space per 300 square feet of
floor area.
28. General service or repair establishment, printing, publishing, plumbing,
heating, broadcasting - 1 space per 1,000 square feet of floor area.
29. Laundry - 1 space per 500 square feet of floor area.
30. Manufacturing or industrial establishment, research or testing laboratory,
creamery, bottling plant, wholesale, warehouse or similar establishment - 1
space per 1,000 square feet of floor area.
31. Telephone exchanges or equipment buildings - 1 space per 1,500 square feet
of floor area.
9.3
32. Marina - 1 space per boat berth.
33. Dormitory - 1 space for each 150 square feet of dormitory floor area plus 1
space per 10 students based on maximum enrollment at time of conditional
use approval.
34. Adult Congregate Living Facility - 1 space for each 2 beds.
B. PARKING DISTRICT NO. 2
The off - street parking required in this district shall be the same as set forth in
Parking District No. 1 above, except as follows:
1. Apartment building and apartment -hotel - 1 space for each efficiency unit,
3 spaces for every 2 one - bedroom units, 3 spaces for every 2 dwelling units
with 2 or more bedrooms. Dwelling units with more than three bedrooms
shall provide 1 extra space per bedroom unit for any bedroom exiting upon
the exterior of the building or upon a corridor; and 1 space per sleeping
room. For the purpose of computing parking requirements, an efficiency
unit shall have a maximum of 750 square feet, and a one - bedroom unit a
maximum of 1,200 square feet.
C. PARKING DISTRICT NO. 3
There shall be no off - street parking required for any permitted use in this
district.
D. Exemptions to Required Parking - Any perrnitted use located within 50 feet of an
oceanfront bulkhead line shall have no parking requirement; except for those
uses and structures permitted by the Board of Adjustment. In these cases, said
uses and structures shall provide parking spaces as required in this section.
9 -3 Off -Site Facilities.
A. All parking spaces required herein shall he located on the same lot with the
building or use served, or within a distance not to exceed 400 feet from such lot.
13. Where the required parking spaces are not located on the same lot with the
building or use served and used as allowed in paragraph 9 -2 A, preceding a
written agreement thereby assuring their retention for such purposes, shall be
properly drawn and executed by the parties concerned, approved as to form by
the City Attorney and shall be filed with the application for a building permit.
9 -4 Interpretation of Off - Street Parking Requirements.
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.
13. Where fractional spaces result, the parking spaces required shall be construed to
be the next highest whole number.
9.4
C. The parking space requirements for a use not specifically listed in this Section
shall be the sarne as for a listed use of similar characteristics of parking demand
generation.
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 that parking
requirements for permitted accessory uses in an apartment building, apartment -
hotel, hotel, motel, or motor lodge and containing 100 or more dwelling units
and /or sleeping units, shall be as provided in Section 9, Parking Regulations.
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 dwelling or
sleeping units, seating capacity or otherwise, to create a requirement for an
increase in the number of existing parking spaces, such spaces shall be provided
on the basis of the enlargement or change.
F. Thirty -five (35) percent of the required parking spaces may be provided for
compact cars, provided each such space shall he clearly designated for "compact
vehicles only ".
9 -5 Design Standards.
A. MINIMUM AREA. For the purpose of this Ordinance, 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 nine (9) feet and length of not less than twenty (20) feet
except for parallel parking where such space shall be twenty -three (23) feet in
length. A compact off - street parking space shall be not less than eight (8) feet
in width and 17.5 feet in length except for parallel parking where 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 spaces immediately
adjacent to a structural column within an enclosed parking structure may have a
width of 8'6" and those compact spaces adjacent to a structural column may have
a width of 7'6 ". The required area is to be exclusive of driveways, permanently
reserved for the temporary parking of one 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 rnoved, except in the case of attendant parking. For the
purpose of this Ordinance, attendant parking spaces shall not apply toward the
computation of the minimum parking requirements.
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 not used for
the sale, repair, or dismantling or servicing of any vehicles, equipment, materials
or supplies.
9.5
C. SEPARATION FROM WALKWAYS AND STREETS. Off- street parking spaces
shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence,
or curbing or other approved protective device, as specified by Dade County
Ordinance No. 67-75.
D. ENTRANCES AND EXITS. Location and design of entrances and exits shall be in
accord with the requirements of applicable traffic regulations and standards.
Landscaping, curbing, or approved barriers shall be provided along lot boundaries
to control entrance and exit of vehicles or pedestrians, as specified by Dade
County Ordinance No. 67 -75.
E. RAMPS. A maximum grade of five (5 %) percent shall be permitted for sloped
portions of sloping floor garages where ramps provide direct access to stalls.
Interfloor ramps and rarnps to and from the established grade of any street shall
not exceed twelve (12 %) percent, and no parking shall he permitted directly off
these ramps.
F. INTERIOR DRIVES. Interior drives shall be of adequate width to serve a
particular design arrangment of parking spaces, the following being minimum
widths permitted:
90° parking - twenty (20) feet, with columns
parallel to the interior drive on
each side of the required drive
set back an additional one (1) foot
six (6) inches, measured from the
edge of the required interior drive
to the face of the column.
0
O
N
45° parking - eleven (11) feet.
60° parking - seventeen (17) feet.
30° parking - ten (10) feet, six (6) inches.
Further defined by the following illustrations:
90° Parking
60° Parking
9.6
45° Parking
03
0
30° Parking
G. MARKING. Parking spaces in lots of more than ten (10) spaces shall be marked
by painted lines or curbs or other means to indicate individual spaces. Each
individual space shall be provided with a car stop or curb or other similar device
to prevent vehicular encroachment. Signs or markers shall be used as necessary
to ensure efficient traffic operations of the lot.
LIGIITING. Adequate lighting shall be provided in lots of more than ten (10)
spaces if off - street parking spaces are to be used at night. The lighting shall be
arranged and installed to minimize glare on property in a residential district.
T. SCREENING AND LANDSCAPING. At grade parking lots and parking garages
shall conform to the minimum Landscape Standards as set forth in Section 32 -6.
9 -6 Parking in Front Yards.
A. Single- Family Residential Districts.
1. Required parking spaces may be located in the minimum front yard setback
area.
2. Accessory carport structures within the front yard shall not be permitted
in the minimum sideyard setback pursuant to Section 8 -1, B -13 of this
Ordinance.
3. Parking or storage of vehicles in the minimum required front yard setback
shall be restricted to automobiles. No Commercial vehicles shall be parked
or stored in any yard.
B. Multiple Family Districts.
1. On lots under 10,000 square feet, the required parking may be located in
the minimum front yard setback.
2. On lots under 10,000 square feet which do not locate parking in the
minimum front yard, the density and floor area ratio may be increased by
20 %.
3. On lots of 10,000 square feet or more parking spaces shall not be located in
the minimum front yard setback.
C. Commercial Districts, C -1 to C -6.
1. On lots under 10,000 square feet, parking spaces may be located in the
minimum front yard setback.
9.7
SECTION 10
OFF - STREET LOADING
10 -1 Off- Street Loading Required
Except as otherwise provided in this Ordinance, 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. Over 2,000 but not over 10,000 1 space
2. Over 10,000 but not over 20,000 2 spaces
3. Over 20,000 but not over 40,000 3 spaces
4. Over 40,000 but not over 60,000 4 spaces
5. For each additional 50,000 over 60,000 1 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. Over 5,000 but not over 10,000 1 space
2. Over 10,000 but not over 100,000 2 spaces
3. Over 100,000 but not over 200,000 3 spaces
4. For each additional 100,000 over 200,000 1 space
C . For each apartment building, apartment - hotel, hotel or motel:
1. Over 36 units but not more than 50 units 1 space
2. Over 50 units but not more than 100 units 2 spaces
3. Over 100 units but not more than 200 units 3 spaces
4. For each additional 100 units or fraction thereof,
over 200 units 1 space
10.1
10 -2 Interpretation of Off - Street Loading Requirements
A. The loading space requirements apply to all districts except the C -3 Central
Business Districts and properties fronting 41st Street from Alton Road to Indian
Creek, where no requirements are imposed.
B. The loading requirements in this Section do not limit special requirements which
may be imposed in connection with Conditional Uses, Section 7.
C. For uses which contain less than 10,000 square feet of floor area, the Code
Enforcement Director may waive or reduce the loading requirements whenever
the character of the use is such as to make unnecessary the full provision of
loading facilities or where such provision would impose an unreasonable hardship
upon the use of the lot.
10 -3 Design Standards
A. SIZE AND LOCATION. For the purpose of these regulations a loading space is a
space within the main building or on the same lot, logically and conveniently
located for bulk pick -ups and deliveries, scaled to delivery vehicles expected to
be used but not less than 10 x 20, and accessible to such vehicles when required
off - street parking spaces are filled.
B. 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 not used for
the sale, repair, dismantling, or servicing of any vehicles, equipment, materials,
or supplies.
C. ENTRANCES AND EXITS. The location and design of entrances and exits shall
he in accordance with applicable traffic regulations and standards. Where the
entrance or exit of a building is 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.
10.2
SECTION 11
SIGNS
To achieve the purposes of this Ordinance and of Part I, Div. II, Article VI, Related
Laws, The Code of the City of Miami Beach, Florida, and provide for the general
welfare and safety of the public, it is necessary that regulations be established for the
location, size, purpose and lighting of signs erected or displayed in the City.
11 -1 General Sign Regulations.
The following regulations apply generally to all signs and are in addition to the
regulations contained elsewhere in this Ordinance.
A. PERMIT REQUIRED. No sign, unless herein accepted, shall be erected,
constructed, posted, painted, altered, maintained, or relocated, except as
provided in this Section, until a permit has been issued by the Building Official.
Before any permit is issued, an application, especially provided by the Code
Enforcement Division, shall be filed, together with such drawings and
specifications as may be necessary to fully advise and acquaint the Division with
the location, construction, materials, manner of illuminating, and securing or
fastening and number of signs applied for and the wording of the sign or
advertisement to be 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 REQUIREMENTS. 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. EXEMPT SIGNS. The following signs are exempt from the provisions of these
regulations and may be erected or constructed without a permit but in
accordance with the structural and safety requirements of the South Florida
Building Code:
1. Official traffic signs or sign structures, or municipal information signs and
provisional warning signs or sign structures, when erected or required to be
erected by a governmental agency, and temporary signs indicating danger.
2. Changing of the copy on a bulletin board, poster board, display encasement,
or marquee.
3. Temporary non - illuminated signs not more than fifty (50) square feet in
area, erected in connection with new construction work and displayed on
the premises during such time as the actual construction work is in
progress, one such sign for each street frontage. These signs shall be
removed upon issuance of the Certificate of Occupancy.
4. Non - illuminated signs, not exceeding six (6) square feet in area with letters
not exceeding eight (8) inches in height, painted, stamped, perforated, or
stitched on the surface area of an awning, canopy, roller curtain, or
umbrella, but not in Zoning Districts RS -1, RS -2, RS -3, RS -4 and RM -14.
5. Sign on truck, bus or other vehicle, while in use in the normal course of a
business.
D. ERECTION OF SIGNS IN SPECIAL CASES. The Board of Adjustment shall grant
approval or deny signs not conforming to the requirements of this Section. For
purposes of this Section signs considered by the Board of Adjustment shall only
be those exceeding the maximum size, location, or those relating to graphics and
illustrations; in other cases when this Ordinance does not contain specific sign
regulations, they shall be considered by the City Commission.
E. 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,
pennants, banners, streamers, and other fluttering, spinning, or similar type
advertising devices pertaining to said holiday periods may be displayed on a
temporary permit basis as provided in paragraph 11 -1 D., preceding.
F. SIGNS OVER PUBLIC PROPERTY.
1. 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 city; except on a
temporary permit basis as provided in paragraph 11 -1 D, preceding, and
with permission of the City Commission.
2. No portion of any flat 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.
3. No projecting sign, except a marquee, and no detached, ground or pole sign
shall extend or project over any portion of any sidewalk, street, alley,
waterway or any other public way or any public property.
G. CAMPAIGN SIGNS. A candidate for public office may construct or maintain
signs advertising his candidacy at each of not more than four (4) of his
headquarters, provided no such signs shall be located in a residential district.
1. Political signs, except political signs appearing as copy on general
advertising structures, political signs on the premises of an authorized
campaign headquarters, or political signs as permitted window signs in
accordance with the regulation applicable to window signs shall be
prohibited. This prohibition shall not apply to political signs on moving
11.2
vehicles or to political signs on operable vehicles which are parked on
private property, for a period not in excess of eight continuous hours on
any one lot, during the time between qualification and election.
2. All political candidates shall deposit with the City $150 as security for his
undertaking to remove his political signs within seven days following thedateofthegeneralelectioninvolvinghiscampaign.
11. GENERAL ADVERTISING SIGNS. No general advertising sign shall be
constructed, erected, used, operated or maintained in the City of Miami Beach.
YARD REQUIREMENTS.
1. Unless otherwise specified in these regulations, all signs shall comply with
the yard requirements of the district in which they are located.
2. One accessory sign may occupy required yards in a district where such sign
is permitted by these regulations, provided such sign is not more than
thirty (30) square feet in area, does not contain flashing, moving, or
intermittent illumination, and provided other requirements of these
regulations are complied with.
3. No sign, portable or otherwise, is to be placed or located to conflict with
the vision clearance requirements of Section 8 of this Ordinance.
4. In addition to the side yards required elsewhere in these regulations, any
sign exceeding thirty (30) square feet in area shall be set back from
interior side property lines as follows: ten (10 %) percent of the street
frontage of the property in question, if such frontage does not exceed one
hundred (100) lineal feet; twenty (20 %) percent of the street frontage of
the property if such frontage exceeds one hundred (100) lineal feet, but
does not exceed two hundred (200) lineal feet; thirty (30 %) percent of the
street frontage of the property in question- if such frontage exceeds two
hundred (200) lineal feet.
J. LIGHTING.
1. Any sign may be indirectly illuminated if illumination is not otherwise
limited by the provisions of these regulations.
2. No sign may be a flashing sign, intermittent, moving or revolving.
K. NONCONFORMING USES.
1. Permitted signs for a nonconforming business, commercial, or industrial
use in a residential district shall consist of those signs permitted in the C -1
Zoning District.
2. Except as otherwise specifically provided in these regulations, all signs
shall be subject to the provisions of Section 12, Non - Conforming StructuresandUses.
11.3
L. REMOVAL REQUIRED.
1. All signs shall be maintained in good condition and appearance, The
Building Official may cause to be removed any sign which shows gross
neglect or becomes dilapidated where the area around such sign is not well
maintained after due notice has been given as provided below.
2. Any accessory sign previously associated with a vacated premises shall be
either 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 will not display letters, numerals, symbols,
figures, designs, or any other device for visual communication that would
pertain to the activity formerly associated with the vacated premises.
3. The Building Official shall remove or cause to be removed, any sign
erected or maintained in conflict with these regulations if the owner or
lessee of either the site or the sign fails to correct the violation within
thirty (30) days after receiving written notice of violation from the Code
Enforcement Department. Removal of a sign by the Building Official shall
not affect any proceedings instituted prior to removal of such sign.
4. In any district where a sign does not comply with the provisions of this
Ordinance, such sign and any supporting structures other than a building
shall be removed not later than five years from the Effective Date of this
Ordinance. Supporting structures for nonconforming signs may continue in
use for a conforming sign if they comply in all respects to the applicable
requirements of the regulations contained herein and other codes and
ordinances.
5. Any sign which does not comply with the provisions of this Ordinance and
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.
M. SIGNS AND SIGN DEVICES PROHIBITED.
1. No sign shall be constructed, erected, used, operated, or maintained so as
to display intermittent lights, to move or to 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 event, opera or concert, or when they
are used in descriptive lines of advertising, so long as they are not used to
stimulate, copy or imply any official traffic warning, either for vehicles or
for pedestrians.
11.4
3. No sign shall be constructed, erected, used, operated or maintained so as to
provide a background of colored lights blending with the traffic signals to
the extent of confusing a motorist when viewed from a normal approaching
position of a vehicle at a distance of twenty -five (25) to three hundred
300) feet.
4. No sign shall be attached or otherwise applied to trees, utility poles, bus
benches, trash receptacles, or any other unapproved supporting structures.
5. No sign shall have spinning, or strings of spinning, or similar type devices.
6. Signs which are not securely affixed to the ground, or otherwise affixed in
a permanent manner to an approved supporting structure, shall be
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 where permitted within certain zoning districts, no sign indicating
the presence of an accessory commercial use in a hotel, motel, apartment -
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. Detached signs, when permitted, shall not exceed a height of twenty -five
25) feet above grade except as elsewhere provided.
11 -2 Zoning District Sign Regulations.
All signs permitted in these regulations shall be Establishment Identification Signs
unless otherwise specified.
A. SIGNS PERMITTED IN THE RS -1, RS -2, RS -3, RS -4 and RM -14- DISTRICTS
1. A name plate, one (1) square foot in area, to identify the owner or
occupant of a dwelling or building.
2. Private directional sign, one (1) square foot in area.
3. A sign, limited in area to ten (10) square feet for identification of a
subdivision.
4. A customary church bulletin board, limited in area to thirty (30) square
feet.
5. A sign, limited in area to thirty (30) square feet for identification of
permitted public and semi - public uses or clubs.
11.5
6. A temporary, non - illuminated sign, advertising real estate for sale or lease,
subject, however, to the following conditions:
a. No such sign shall be displayed, constructed, reconstructed, situated,
maintained or erected by any other than the owner or lessee, of the
lot, parcel of land or premises, except only on the lot or premises as
herein set forth.
b. There may be only one (1) such sign on the lot or parcel of land or on
the improvements thereon, regardless of the size of such lot, parcel
or improvements, and such sign may contain only one of the following
designation, to wit: For lease, for sale, for sale or lease, open for
inspection, for rent.
Such sign may have the following appearing thereon:
1) The name of the real estate broker or realtor as the same is
registered with the Florida Real Estate Commission, in letters
not exceeding one inch in height.
2) A designation following such name, as being either; (a)
Realtor ", or (b) "Broker ".
3) The telephone number of said Realtor or Broker.
4) By appointment only.
Provided, however, that nothing herein contained shall prohibit the
use of an additional strip sign, not exceeding two (2) inches by
eighteen (18) inches, which will provide for one (1) inch letters, and
placed immediately beneath the sign authorized by this paragraph,
and containing the information set forth in Items (1) through (4) of
this paragraph; and, further provided, that nothing herein contained
shall be deemed to prohibit the use of the name, address, and
telephone number of the owner or lessee in lieu of that of the Real
Estate Broker or Realtor.
c. The face surface of such sign shall not exceed a height of fourteen
14) inches nor a width of eighteen (18) inches, and the top of the sign
shall not be more than five (5) feet above the ground. Color of the
sign shall be plain black on white or plain white on black, no
iridescent or other lighting permitted. The sign shall be securely
placed in the ground or attached to the building. The date and permit
number shall be placed on the bottom of the face of the sign.
d. Said sign shall not be nearer than ten (10) feet from any property line
if placed upon vacant property, and if placed on land improved by
building, it shall not be placed nearer than five (5) feet from any
property line, unless the main part of the building is less than five (5)
feet from the property line, in which case it may be placed in or upon
a front or side door or window of the building; if there is a wall upon
the property line, then such sign may be placed on or against such
wall.
11.6
e. Permits for such signs may be issued by the Building Official upon
application by the owner or lessee, in person and giving proof of such
ownership or tenancy, and all such permits shall automatically expire
within six (6) months from the date of issuance.
B. SIGNS PERMITTED IN THE RM -60 DISTRICT.
1. Any sign permitted in an RM -14 District.
2. A flat, awning or marquee sign, non - illuminated and limited in total area
to fifteen (15) square feet, giving the name and /or address or management
of a multiple - family dwelling or group of multiple- family dwellings. The
height or letters shall not exceed one (1) foot on a marquee or awning sign.
C. SIGNS PERMITTED IN TIIE RM -100 AND RM -125 DISTRICTS.
1. Any sign permitted in an RM -14 District.
2. Any sign permitted in an RM -60 District, illuminated or non - illuminated,
for a multiple - family dwelling, hotel, apartment - hotel, or motel,
containing less than fifty (50) dwelling units.
3. For a multiple - family dwelling, hotel, apartment - hotel, or motel containing
fifty (50) or more dwelling units, accessory signs, flat, projecting, or
detached, illuminated or non - illuminated with total aggregate sign area
limited to forty (40) square feet for each two hundred (200) feet or fraction
thereof, of street frontage and limited to no more than two (2) separate
signs for each street frontage. Detached and projecting signs shall be
limited in area to twenty (20) square feet for each sign. A flat sign shall
be limited in area to forty (40) square feet plus any premium permitted for
height of location.
4. Two (2) directional signs with sign area not exceeding eight (8) inches by
twenty -four (24) inches.
5. Flat signs may be increased in area by ten (10) square feet for each story
above the fourth story on which the sign is located and such increased area
shall not be included in the computation of the total aggregate sign area.
6. In addition to signage permitted elsewhere in this Ordinance, only a hotel,
motel or apartment -hotel may have one (1) sign, flat, single or double
faced pole or mounted, illuminated or non - illuminated, indicating the
presence of an accessory commercial use if the following criteria are met:
a. The hotel, motel, or apartment hotel must contain a minimum of one
hundred (100) sleeping units for the private use of transients.
Permitted accessory use signage includes flat, single or doubled faced
pole or mounted signs.
11.7
b. The accessory sign may be located in the required front yard with a
minimum ten (10) foot setback from any property line.
c. The area of flat or mounted signs may not exceed one -half (1/2) of
the total aggregate sign area permitted by this Ordinance. Single or
doubled faced pylon signs shall have a maximum area of twenty -four
24) square feet and a maximum height of four (4) feet measured
from grade to the top of the sign. Signage erected under this section
shall be in addition to the total permitted aggregate sign area.
Pole signs are prohibited in these Districts.
d. Sign copy may only advertise the names of entertainment accessory
uses. For purposes of this Section, entertainment is confined to
restaurants, bars, and meeting areas that feature live (not recorded)
musicians, singers, bands, and comedians or pre- recorded music if
accompanied by a professional announcer. The entertainment use
which is the subject of the sign copy shall appear within the area
occupied by the hotel, motel, or apartment hotel. Sign copy
advertising room rates, price of meals or price of entertainment is
prohibited.
e. A sign or sign structure erected pursuant to this Section shall by
January 1 of each year receive written certification from the Code
Enforcement Director verifying compliance with the provisions of
this Ordinance. Failure to receive such certification will result in a
termination of the sign permit.
f. Signage permitted by this Section shall be consistent with Section
7 -2, Control of Entrances and Exits.
D. SIGNS PERMITTED IN THE C -1 AND C -2 DISTRICTS.
1. Any sign perrnitted in an RM -60 District.
2. Flat signs, illuminated or non - illuminated, with total aggregate sign area
not Inore than ten (10 %) percent of the area of walls fronting on a street
and no one (1) sign with sign area of more than thirty (30) square feet.
Illuminated signs inside of show windows and within five (5) feet thereof
shall be included in the computation of sign area, and in addition, shall be
limited to ten (10 %) percent of the total glass area of the window in which
they are placed. Neon tubing outlining a show window shall be included in
sign area and measured by multiplying the length of the tubing by six (6)
inches.
3. Projecting signs, illuminated or non - illuminated, one (1) for each business
on the premises, with sign area limited to twenty (20) square feet.
4. Detached signs, if there are no projecting signs, illuminated or non -
illuminated, one (1) for each business on the premises, with sign area
limited to ten (10) square feet.
11.8
5. Marquee signs, illuminated or non - illuminated, two (2) for each business on
the premises, with sign area limited to three (3) square feet.
6. Temporary, non - illuminated paper or painted signs in windows, limited to
twenty (20 %) percent of the total glass area of the window in which they
are placed.
7. Directional signs lirnited in area to four (4) square feet, shall only provide
directions to motorists regarding the location of parking areas and access
drives, shall be permitted as accessory signs and not included in any
computation of sign area.
E. SIGNS PERMITTED IN THE C -3 AND C -4 DISTRICTS.
1. Any sign permitted in an RM -125 District.
2. Flat signs in C -3 with a total aggregate sign area not more than ten (10 %)
percent and in C -4 with total aggregate sign area not more than twenty
20 %) percent of the area of walls fronting on a street, and no one (1) sign
with sign area of more than one hundred twenty -five (125) square feet.
Illuminated signs inside of show windows and within five (5) feet thereof,
shall be included in the computation of aggregate sign area, and in
addition, shall be limited to ten (10 %) percent of the total glass area of the
window in which they are placed.
3. Total aggregate sign area for all signs listed above in this group shall he
limited to one hundred and fifty (150) square feet for each fifty (50) feet of
street frontage.
4. Temporary, non - illuminated paper or painted signs in windows shall be
limited to ten (10 %) percent of the total glass area of the window in which
they are placed.
5. Directional signs lirnited in area to four (4) square feet, giving directions to
motorists regarding the location of parking areas and access drives shall be
permitted as accessory signs and not included in any computation of sign
area.
6. Permitted sign area of one (1) accessory flat sign may be increased by ten
10) square feet for each story above the fourth (4th) story on which the
sign is located and not included in the computation of the total aggregate
sign area.
F. SIGNS PERMITTED IN THE C -5 DISTRICT.
1. Any sign permitted in an RM -125 District.
2. Flat signs, with total aggregate sign area not more than twenty (20 %)
percent of the area of walls fronting on a street, and no one sign with sign
area of more than one hundred twenty -five (125) square feet. Illuminated
signs inside of show windows and within five (5) feet thereof, shall be
11.9
included in the computation of aggregate sign area, and in addition, shall
be limited to twenty (20 %) percent of the total glass area of the window in
which they are placed. Neon tubing outlining store windows shall not be
included in the computation of aggregate sign area.
3. Projecting signs, one (1) for each business on the premises, with sign area
lirnited to forty (40) square feet.
4. Detached signs, limited in area to thirty (30) square feet, one (1) for each
business or one (1) for each fifty (50) feet of street frontage.
5. Marquee signs, illuminated or non - illuminated, one for each business on the
premises, with sign area limited to three (3) square feet.
6. Total aggregate sign area for all signs listed above in this group shall be
limited to two hundred (200) square feet for each fifty (50) feet of street
frontage.
7. Temporary, non - illuminated paper or painted signs in windows shall be
limited to twenty (20%) percent of the total glass area of the window in
which they are placed.
8. Directional signs limited in area to four (4) square feet, giving directions to
motorists regarding the location of parking areas and access drives shall be
permitted as accessory signs and not included in any computation of sign
area.
9. Permitted sign area of one (1) accessory flat sign may be increased by ten
10) square feet for each story above the fourth story on which the sign is
located and not included in the computation of the total aggregate sign
area.
G. SIGNS PERMITTED IN THE C -6 AND MR DISTRICTS.
1. Flat signs lirnited in area to one hundred (100) square feet, for each
business.
2. Detached signs, if there are no projecting signs, limited in area to thirty
30) square feet, one for each business.
3. Projecting signs, if there are no detached signs, lirnited in area to thirty
30) square feet, one (1) for each business.
4. Directional signs of any type limited in area to four (4) square feet, in such
number and such locations as required for proper management of the
premises. Such signs shall not be included in computation of sign area.
5. Total aggregate sign area for all signs shall be limited to two (2) square
feet for each lineal foot of lot frontage.
11.10
II. SIGNS ERECTED PURSUANT TO DUNE OVERLAY REGULATIONS
All signs shall be approved by the Design Review Board pursuant to Section 24 of
their regulations. However, one sign shall be permitted per site or Promenade
linkage; whichever is greater. Said sign is required to have copy only pertaining
to the street address, name and function of the Use with each sign(s) having a
maximum size not to exceed six (6) square feet.
I. SIGNS PERMITTED IN THE R -PS 1 -4 DISTRICTS
Zoning Notes Awning/ Flat Projecting Detached
District Marquee (Pole /Pylon)
R -PS 1 15 sq. 15 sq.
R -PS 2 ft. ft.
not permitted not permitted
R -PS 3 Aggre- 15 sq. 60 sq. not permitted not permitted
R -PS 4 gate Sign ft. ft.
Area 40
sq. ft./
100' of
street
frontage
J. SIGNS PERMITTED IN THE C -PS 1 -3 DISTRICTS
Zoning Notes Awning/ Flat Projecting Detached
District Marquee (Pole Pylon)
C -PS 1
C -PS 2
15 sq. 10% of
ft. wall 40
sq. ft.
max.
20 sq. ft. not permitted
Aggre- 15 sq. 15% of 20 sq. ft. 20 sq. ft.
gate Sign ft. wall 70
Area 150 sq. ft.
sq. ft./ max.
100' of
street
frontage
Zoning Notes Awning/ Flat Projecting Detached
District Marquee (Pole /Pylon)
C -PS 3 Aggre- 15 sq. 15% of 40 sq. ft. 40 sq. ft.
gate Sign ft. wall 100
Area 200 sq. ft.
sq. ft./ max.
100' of
street
frontage
SECTION 12
NONCONFORMING STRUCTURES AND USES
12 -1 Nonconforming Use of Land.
A. In any district where open 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 date of
passage 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.
1. A use approved as a Conditional Use shall be considered a conforming use
so long as the conditions of the approval are met.
12 -2 Nonconforming Signs.
A. Nonconforming signs shall be removed as provided in Section 11 -1 L, Signs of this
Ordinance. No permits for additional signs shall be issued for any premises on
which there are any nonconforming signs.
12 -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. If no structural alterations are made, a
nonconforming use of a building may be changed to another nonconforming use of
the same or of a more restricted classification. Whenever a nonconforming use
has been changed to a more restricted use or to a conforming use, such use shall
not thereafter be changed to a less restricted use. The nonconforming use of a
building may be hereafter extended throughout those parts of a building which
were lawfully and manifestly arranged or designed for such use at the time of
passage of these regulations.
12 -4 Discontinuance of Nonconforming Uses.
A. No building, structure, equipment, fixtures or land, or portion thereof, used in
whole or in part, for a nonconforming use which remains idle or unused for a
continuous period of six (6) months, or for eighteen (18) months during any three
3) year period whether or not the equipment or fixtures are removed, shall
again be used, except in conformity with the regulations of the district in which
such building or land is located.
12.1
12 -5 Destruction of Nonconforming Uses.
A. No building which has been damaged by any cause whatever to the extent of
more than fifty (50%) percent of the County tax - assessed value of the building
shall be restored except in conformity with the regulations contained in this
Ordinance and all rights as a nonconforming use are terminated. If a building is
damaged by less than fifty (50%) percent of the tax - assessed value, it may be
repaired and used as before the time of damage, provided that such repairs or
reconstruction be substantially completed within twelve (12) months of the date
of such damage.
12 -6 Intermittent or Illegal Uses.
A. 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 construed to
establish a nonconforming use on the entire lot or tract.
12 -7 Existence of a Nonconforming Use.
A. The Director of Code Enforcement shall make an initial determination of the
existence of a non - conforming use and in so doing may make use of affidavits
and investigation as he may determine necessary and in a particular case.
The question as to whether a nonconforming use exists shall be a question of fact
and in case of doubt or challenge raised to the initial determination made, the
question shall be decided by the Board of Adjustment after public notice and
hearing and in accordance with the rules of the Board.
12 -8 Building Nonconforming in Height, Area, or Bulk.
A. A building nonconforming only as to height, area, yards, or bulk requirements
may be altered or extended, provided such alteration or extension does not
increase the degree of nonconformity in any respect.
12.2
SECTION 13
BOARD OF ADJUSTMENT
13 -1 Membership.
A. The City's Planning Director and Public Works Director shall be ex officio
members without the right to vote, and whose presence shall not be counted for
the determination of a quorum. The remaining five (5) members shall consist of
the following:
One (1) member shall be appointed from one (1) 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,
and each member shall be bound by the requirements of the Conflict of Interest
Ordinance of the City and shall be subject to removal from office for the
violation of the terms thereof. No member shall have any financial or other
interest in any matter coming before the Board. Members shall be appointed for
a term of one (1) year by a five - sevenths (5/7) vote of the City Commission.
13 -2 Notification of Hearings.
A. The Board shall not vary or modify any regulation or provision of this Ordinance
until a public hearing has been held. Notice of the public hearing shall appear in
a newspaper of general paid circulation at least fifteen (15) days prior to the
public hearing date and be given by mail to the owners of record of land lying
within 375 feet of the property. The notice shall indicate the use, construction
or alteration of which is proposed to be changed.
13 -3 Meetings and Records.
A. Meetings of the Board shall be held at least once monthly, or at such other times
as the Board may determine, or upon call of the chairman. All meetings of the
Board shall be open to the public. The Board shall adopt its own rules or
procedures and keep minutes of its proceedings showing its action on each
question considered. All records of the Board and its official actions shall be
filed in the office of the Board and shall be a public record.
13 -4 Determination of Jurisdiction.
A. All variance requests shall be first submitted to the City Attorney for a
determination whether the requested variance is properly such, and does not
constitute 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 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 and of the Public Works Director shall be before the Board
prior to its consideration of any matter before it.
13.1
13 -5 Procedure.
A. Any person appearing before the Zoning Board of Adjustment on an application
for a variance from the provisions of 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, and
nothing but the truth, so help me God.'
1. Any person giving false testimony before the Zoning Board of Adjustment
on an application for a variance from the provisions of this Ordinance 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. (1647)
B. Upon the withdrawal or final 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 Zoning 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 appropriate agency 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 Zoning 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. (1682)
C. Within • a reasonable time after a request has been properly considered by the
Board of Adjustment, the City shall record in the Circuit Court the action and
conditions, if any. No building permit, Certificate of Occupancy, Certificate of
Completion or licensing permit shall be issued until the recordation has been
complied with. Prior to the recordation, the City Attorney shall approve the
instrument and is empowered to release the conditions only upon agreement with
the Board of Adjustment that the conditions are no longer applicable. If a
question should arise as to the release of any conditions, the Board of
Adjustment is authorized to make the appropriate determination.
13 -6 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.
13.2
In exercising this power, the Board of Adjustment, may upon appeal,
reverse or affirm, wholly or partly, or may modify 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. a. To authorize upon appeal 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 the provision of this
Ordinance would result in unnecessary and undue hardship. In order
to authorize any variance from the terms of this Ordinance, the
Board of Adjustment must find:
1) 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;
2) That the special conditions and circumstances do not result
from the action of the applicant;
3) 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 structures in the same zoning
district;
4) 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;
5) That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6) 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.
b. In granting any 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.
c. The Board of Adjustment may prescribe a reasonable time limit
within which the action for which the variance is required shall begin
13.3
or be completed or both. Notwithstanding the above, the applicant
shall obtain a building permit within two (2) years from the date the
Board approved the variance request. If a building permit has not
been issued for the work or if the work has not commenced within the
two (2) year period, 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 buiding permit is not issued
within the two (2) year period or an extension of time is not granted
then the original approval is void. If the request for an extension of
time is within the two (2) year period, notice requirements as listed
in Section 13 -2 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.
d. Under no circumstances except as permitted above 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.
e. The Board shall fix a reasonable time for the hearing of the appeal
taken within the time specified by its rules, give public notice
thereof as well as due notice to the parties in interest, and decide
same within a reasonable time.
B. FEES - 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 with variance requests;
when it is alledged there is an error in any administrative 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, Appeals from Administrative Decisions and Signs:
a) Single - Family Residences
b) Parking Requirements for
allowable Commercial Use
in existing structures
c) Multi- Family and Commercial
properties
d) Appeal from Administrative
Decision
e) Signs
13.4
100 filing fee plus
25 for each individual
variance requested
200 filing fee plus
100 for each individual
variance requested
400 filing fee plus
100 for each individual
variance requested
250
200
With the exception of variances associated with single family residences,
the fixed application fee shall be supplemented by an additional $0.50 per
mailing address:
2. If a deferment is requested by the applicant, an additional fee shall be
assessed as follows:
a) Single - Family Residences $50
b) Parking Requirements for $75
Allowable Commercial Use
c) Multi- Family and Commercial $150
Properties
d) Appeal from Administrative $150
Decision
e) Signs $100
3. When an applicant requests a clarification of a previous Board of
Adjustment finding, a fee of $250.00 shall be assessed. Public Notice
requirements listed in Section 13 -2 shall be applied.
4. If a deferment is given by the Board of Adjustment, and not at the request
of an applicant, there will be no additional fee.
5. If the applicant removes his file from the Agenda after it has been
accepted by the appropriate agency, the Board shall refund 50% of all fees
paid by the applicant and no further refund shall be made.
6. No public hearing shall be scheduled until the responsible agency has
determined the application be complete and the fee paid.
13 -7 Stay of Work and Proceedings on 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 who
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 on
application, on notice to the officer from whom the appeal is taken and on due cause
shown.
13.5
SECTION 14
ADMINISTRATION
14 -1 Enforcement.
A. It shall be the duty of the Director of 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. It shall also be the duty of all officers and employees of the
City to assist the Code Enforcement Director by reporting to him any seeming
violation in new construction, reconstruction or land uses.
B. For the purpose of inspection, the Code Enforcement Director and his authorized
representatives shall have free access to materials and work at all times and
either or both shall have the power to stop work pending investigation as to
materials, work, grades, use and other provisions of these regulations.
C. The Code Enforcement Director is authorized, where he deems it necessary for
enforcement of these regulations, to request the execution of an agreement for
recording.
D. 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 Code
Enforcement Director, or the City, or the City in his behalf is authorized and
directed to institute any appropriate action to put an end to such violation.
E. Upon good cause and upon presentation of proper credentials, the Code
Enforcement Director or his authorized representative, 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 it is found
and determined that there are violations of this Ordinance, the Code
Enforcement Director, or his authorized representative, is empowered to issue a
summons to the person or persons violating the same.
14 -2 Permits and Plot Plans.
A. 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.
B. 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.
14 -3 Site Plans.
A. Where 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:
14.1
1. The proposed title of the project and the name of the engineer, architect,
or landscape architect, and the developer.
2. The northpoint, scale, and date.
3. Existing zoning and zoning district boundaries.
4. 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.
5. Topography of the project area with contour intervals of one (1) foot or
less.
6. The location and sizes of sanitary and storm sewers, water mains, culverts,
and other underground structures in or near the project.
7. Proposed changes in zoning, if any.
8. 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.
9. The location and dimensions of proposed lots, setback lines, and easements,
and proposed reservations for parks, playgrounds, open spaces, and other
common areas.
10. Location with respect to each other and to lot lines of all proposed
buildings and structures, or major excavations, accessory and main.
11. Preliminary plans and elevations of the building or buildings, as may be
necessary.
12. Location, height, and material of all fences, walls, screen planting, and
landscaping.
13. Location, character, size, and height and orientation of proposed signs, if
any.
14. A tabulation of the total number of dwelling units of various types in the
project and the over -all project density in square feet of lot area per
dwelling unit, gross or net as required by district regulations.
B. The Planning 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.
14.2
4-4 Certificates of Occupancy.
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 shall have been applied for and issued.
B. Certificates of Occupancy 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 all other agencies when required,
such as Hotel Commission, Dade County Health Department, etc.
C. A record of all Certificates of Occupancy issued hereunder shall be kept on file
in the office of the Code Enforcement Director.
D. All applications for Certificates of Occupancy shall be approved or disapproved
within three (3) days following application.
14.3
SECTION 15
INTERPRETATION
15 -1 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 agreement between parties, provided, however, that where the regulations
in this Ordinance impose a greater restriction upon the use of buildings or
premises or upon the height of buildings, or require larger open spaces, or yards
or lot areas than are imposed or required by other ordinances, rules, regulations,
or by easements, covenants, or agreements, the provisions of this Ordinance shall
govern. 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
classification of such property shall be classified RS -1 Single Family Residential
District, until changed by amendment.
SECTION 16
CHANGES AND AMENDMENTS
16 -1 General.
A. The City Commission may, from time to time, amend, supplement, or change, by
ordinance the boundaries of the districts or the regulations herein established in
accordance with the following provisions:
1. In cases in which the proposed rezoning 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 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 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 a public hearing on the proposed ordinance and may,
upon the conclusion of the hearing, immediately adopt the Ordinance.
2. 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:
a. 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 public hearing.
b. 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 appear in a newspaper
that is published at least five (5) days a week unless the only
newspaper in the community is published less than five (5) days a
week.
16.1
c. 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 hearing on the rezoning will be held on at
d. 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.
e. In lieu of the publishing the advertisement set out in this paragraph,
the City may mail a notice to each person owning real property
within the area covered by the Ordinance. Such notice shall clearly
explain the proposed ordinance and shall notify the person of the
time, place, and location of both public hearings on the proposed
ordinance.
3. An affirmative vote of 5 /7ths of all members of the City Commission shall
be necessary to enact any ordinance which amends, supplements, changes,
modifies or repeals the regulations and boundaries herein established, and
provided further, that such ordinance can only be enacted after having held
a public hearing following at least fifteen (15) days notice of time, place,
and object of such hearing published in an official paper, or a paper of
general circulation in said City of Miami Beach. On final passage, the vote
of each member of the City Commission voting shall be entered on the
official record of the meeting. The effective date of any ordinance shall
be prescribed therein, but the effective date shall not be earlier than ten
10) days after its enactment.
4. All changes and amendments shall be consistent and compatible with the
Comprehensive Plan.
B. Before taking any action on any proposed amendment, supplement, or change,
the City Commission shall submit the same to the Planning Board for its
recommendations and report.
C. The Planning Board shall, within sixty (60) days, hold a public hearing thereon
and submit its report and recommendations on the proposal to the City
Commission within thirty (30) days from the date of the public hearing. Notice
of public hearings before the Board shall be given by publishing the time, place,
and nature of the hearing not more than thirty (30) nor less than fifteen (15)
days, before the hearing, at least in one (1) or more newspapers of general
circulation in the City, and the Board shall cause to be posted conspicuously on
the property, in accordance with the rules of the Board. In addition, the Board
shall give fifteen (15) days notice by mail to the owners of record of land lying
within 375 feet of land, the boundaries of which are proposed to be conspicuously
16.2
posted on the property, in accordance with the rules of the Board. In addition,
the Board shall give fifteen (15) days notice by mail to the owners of record of
land lying within 375 feet of land, the boundaries of which are proposed to be
changed. The Planning Board may swear witnesses on their own volition or on
request of any party to a hearing and may compel appearance of witnesses.
D. Any application for a change of zoning, amendment to the Zoning Ordinance, or
conditional use may be withdrawn by a request in writing from the applicant at
any time before a decision of the Planning Board, but if 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. Filing fees shall not be refunded once the public hearing has been
advertised.
E. Any person appearing before the City Commission at a public hearing in regard
to an application for a change of zoning 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 and nothing but
the truth, so help me God."
F. Any person giving false testimony before the City Commission at a public
hearing in regard to an application for a change of zoning or other amendments
to this Ordinance 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.
16 -2 Petition for Changes and Amendments
A. A petition for an amendment, supplement or change may be submitted to the
Planning Director by the City Manager or upon an adopted motion of the City
Commission, Planning Board, Board of Adjustment, or by the owners of a
majority of frontage in any area. Said area shall contain not less than four
hundred (400) feet of frontage on at least one (1) public street or a parcel not
less than eighty thousand (80,000) square feet.
B. The petition shall be in accord with a form approved by the City Attorney. The
Planning Director shall forthwith forward notice of the petition to the City
Manager for notation in the record of Commission business.
C. The petitioner or appointed agent shall be responsible for filing an application
with the Planning Department in accord with a form approved by the City
Attorney. All applications shall be received not less than thirty (30) days prior
to the Planning Board meeting at which the hearing on said application is to be
held. Any application submitted to the Planning Department shall be complete,
as required by Section 14 -3.
16.3
D. Any petitioner requesting and obtaining a public hearing on any application for
change of zoning or other amendment to this Ordinance shall pay, upon
submission of the application the following fees:
1. Change of Zoning - when an applicant requests one of the below districts,
the following fee schedule shall apply plus $0.50 per mailing address.
a. Single - Family Residential District - $0.03 per square foot of lot area.
b. Multiple Family Residential District - $0.06 per square foot of lot
area.
c. Commercial District - $0.10 per square foot of lot area.
d. All other Districts - $0.08 per sqaure foot of lot area.
e. When an applicant requests a change of zoning involving multiple
districts, the fee shall be based on the lot area in each requested
district according to the above schedule.
2. Amendment to the Zoning Ordinance
not involving a zoning change.
plus newspaper notice.
3. Amendment to Zoning Ordinance
requiring individual mailing,
plus newspaper notice.
350 per section of the
Ordinance requiring
language modification
500 plus $0.50 per mailing
address
The above fees are for the purpose of defraying expenses of public notices,
primarily postage and other administrative costs associated with
processing and analyzing the request.
16 -3 Reconsideration of District Boundary Changes.
A. 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.
16 -4 Withdrawal of a Petition
A. Any petition for amendment, supplement, or change, may be withdrawn by a
request in writing from the petitioner at any time before a decision of the City
Commission, but if withdrawn after advertisement for a public hearing or posting
of the property, the same property shall not be resubmitted, except by a public
official or a member of the City Commission, sooner than one (1) year after the
date established for the prior hearing. Filing fees shall not be refunded upon any
withdrawal.
16.4
16 -5 Periodic Review
A. It shall be the duty of the Planning Board, in cooperation with the Planning
Director and the City Attorney to continuously review the provisions of the
regulations in this Ordinance, including the District Maps, and from time to
time, to offer recommendations to the City Commission as to the sufficiency
thereof, in accomplishing the development plans of the City.
SECTION 17
PLANNING BOARD
17 -1 Composition.
A. The Board shall be composed of eleven (11) members, four (4) of whom shall be
appointed by a majority vote of the City Commission and each member of the
City Commission shall be entitled to appoint one (1) of the remaining seven (7)
members. Each member shall serve for a term of two (2) years.
17 -2 Eligibility.
A. 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 said Board. In the event any member of the Board fails to attend
more than two consecutive meetings 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 -3 Meetings and Procedures.
A. The Board created hereby shall elect a Chairman, a Vice Chairman, 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.
17 -4 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
trends and present conditions, which affect the City and the economic and
general welfare of its residents and the forces now at work which are and will
continue to affect the future of the City.
The Board shall evaluate the data so acquired and derive there from 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 drafting of suitable and appropriate plans for the
comprehensive and systematic development of the City and to transmit the same
to the City for consideration thereof by said 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,
17.1
apartment houses, 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
in this field 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
Comm ission.
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 the
development of the City of Miami Beach, and to submit its findings and
recommendations on such matters to the City Commission.
SECTION 18
VIOLATIONS AND PENALTIES
18 -1 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 a fine and impose a lien to the maximum allowed by City Ordinance
and Florida Statute or in the alternative, may be brought to the Dade County
Court as a violation of municipal ordinance. Each day such violation shall be
permitted to exist shall constitute a separate offense. 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, and upon conviction, fined as
hereinbefore provided.
SECTION 19
VALIDITY
19 -1 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 sarne 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.
SECTION 20
CONFLICTING ORDINANCES REPEALED
20 -1 Conflicting Ordinances Repealed.
A. All ordinances or laws in conflict with the provisions of this Zoning Ordinance or
inconsistent with the provisions of this Ordinance, are hereby repealed to the
extent necessary to give this Zoning Ordinance full force and effect.
2.0.1
SECTION 21
FORCE AND EFFECT
21 -1 Force and Effect.
A. This Ordinance shall take effect as provided by the la=vs of The City of Miami
Beach.
21.1
SECTION 22
MAPS
22 -1 Designation of Zoning Districts, MF Districts, overlay zones on the Official Zoning
Map. The Official Zoning Map shall indicate the location of zoning districts, MF
Districts, and Overlay Zones. The below tables explain the symbols used for each
designation:
A. Explanation of Symbols.
Zoning Districts
Symbol Use Density (U /A)
RS -1 Single Family Residential 1.452
RS -2 Single Family Residential 2.42
RS -3 Single Family Residential 4.356
RS -4 Single Family Residential 7.26
RM -14 Multiple Family Low Density 14
RM -24 Multiple Family Medium Low Density 24
RM -60 Multiple Family Medium Density 60
RM -100 Multiple Family Medium High Density 100
RM -125 Multiple Family Nigh Density 125
PUD Planned Unit Development Res. District as specified
C -1 Neighborhood Business 60
C -2 General Office 100
C -3 Central Business 125
C -4 Business 125
C -5 General Business 100
C -6 Intensive Commercial 0
RH Hospital District 0
MR Marine Recreational 0
MU Municipal Use 0
HM Hotel -Motel 220
CCC Convention Center District as specified
MD -I Marine District 0
MD -II Marine District 0
NH Nursing 1 -come District as specified
R -PS 1 Residential Medium Low Density N/A
R -PS 2 Residential Medium Density N/A
R -PS 3 Residential Medium High Density N/A
R -PS 4 Residential High Density N/A
C -PS 1 Commercial Limited Mixed Use N/A
C -PS 2 Commercial General Mixed Use N/A
C -PS 3 Commercial Intensive Mixed Use N/A
Note:A11 city -owned properties are zoned MU although they may not be designated on
the map.
N/A - means not applicable
22.1
B. Explanation of MF Districts
MF Districts
Symbol Location
MF -1 Ocean Front
MF -2 Ocean Front
MF -3 Ocean Front
MF -4 Ocean Front
MF -5 Bay or Waterway
MF -6 Bay or WaterwayMF -7 Bay or WaterwayMF -8 Bay or Waterway
MF -9 Interior
MF -10 Interior
MF -11 Interior
C. Explanation of Overlay Zones and Districts.
Symbol Explanation
DOD Dune Overlay District
DOZ Dune Overlay ZoneHODHotelOverlayDistrict
HOZ Hotel Overlay ZoneHPDHistoricPreservation
District
POD Parking Overlay District
POZ Parking Overlay Zone
SECTION 23
PS - PERFORMANCE STANDARD DISTRICT
23 -1, Short Title.
This Ordinance shall be known and cited as the "Performance Standard District
Ordinance of Miami Beach Florida."
23 -2. Definitions.
A. For the purposes of this Ordinance, words and terms used herein are defined in
Section 3 of the Miami Beach Zoning Ordinance.
B. In addition, as used in this section, the following words and terms shall have the
following meaning, unless another meaning is plainly intended:
1. APPLICANT means any person, including a governmental agency, seeking
to undertake any development as defined herein.
2. AREA or PLAN AREA means the area included within the boundaries of
the South Shore Redevelopment Project as established pursuant to Fla.
Stat. §163.330 et seq. and as specified in the Redevelopment Plan.
3. BUILDING PERMIT means a permit issued by the designated Building
Official or authorized agency or department of the City which allows a
building or structure to be erected, constructed, altered, moved,
converted, extended, enlarged or used, for any purpose, in conformity with
applicable City Codes and Ordinances.
4. CITY means the City of Miami Beach, Florida.
5. CITY COMMISSION means the City Commission of the City of Miami
Beach, Florida, the governing body of the City.
6. COMMUNITY REDEVELOPMENT AGENCY OF 1969 means and refers to
the community redevelopment law, Fla. Stat. §163.330 et seq.
7. COMMUNITY REDEVELOPMENT AGENCY or AGENCY means the
Redevelopment Agency of the City of Miami Beach, Florida, a public
agency created pursuant to Fla. Stat. §163.330 et seq.
8. DESIGN REVIEW means the process and includes the requirements as set
forth in Section 24 of the Zoning Ordinance.
9. DEVELOPMENT means the undertaking of 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
structures, the subdivision of land, or any other action for which
development approval is necessary.
23.1
10. DEVELOPMENT AGREEMENT means and refers to an agreement entered
into by the City and the Property Owner with respect to the project, by
which the development, use, timing, capital improvements and other
elements of the project may be specified.
11. DEVELOPMENT APPROVAL includes any zoning, rezoning, conditional
use, special exception, variance or subdivision approval, or any other
official action of local government having the effect of approving the
development of land.
12. DEVELOPMENT RIGI -ITS means and refers to the equivalent number of
dwelling units per acre calculated as the difference between 60 dwelling
units per acre and the number of dwelling units per acre for which
development approval is being sought by the applicant; development rights
are transferable to properties in the receiving area only.
13. MIAMI BEACH PROPERTY MAINTENANCE STANDARDS means and
refers to Chapter 17B of the Miami Beach City Code, as amended.
14. OPEN SPACE RATIO means and refers to a percentage calculated as the
area of open space, including required yards, at grade to the gross lot area
of a parcel.
15. PERFORMANCE STANDARD USE means 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.
16. PROJECT means the performance standard use or development for which a
development approval is being sought by the applicant.
17. PROPERTY OWNER means the person or persons having a legal or
equitable interest in real property, including property that is the subject of
a development agreement, and includes the property owner's successor in
interest.
18. REDEVELOPMENT PLAN means the South Shore Revitalization Strategy
prepared pursuant to Fla. Stat. §163.330 et seg., adopted by the City
Commission on February 15, 1984, and constituting the Redevelopment
Plan for the area as well as the redevelopment element of the City's
Comprehensive Plan.
19. SITE PLAN means a plan meeting each of the requirements as set forth in
Section 14 -3 and 24 of the Zoning Ordinance.
20. SITE PLAN APPROVAL means final approval by the properly designated
City agency, department or official pursuant to the procedure set forth in
Section 7 or 24 of the Zoning Ordinance.
23.2
21. SOUTH FLORIDA BUILDING CODE means Chapter 8, Sections 8 -1 through
8 -4 of the City Code, as amended.
22. SUBSTANTIAL REHABILITATION means the expenditure of funds in an
amount not less than 50% of the assessed valuation of the subject property
for the reconstruction and improvement of buildings, accessory uses and
structures; for the construction or improvement of parking and open space;
and for site development, that will result in such project then meeting all
applicable performance standards and requirements of this Ordinance.
23. ZONING DISTRICT MAP means 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.
24. ZONING ORDINANCE means the City of Miami Beach Zoning Ordinance,
Ordinance No. 1891, as amended.
23 -3. 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 generally
consists of all privately -owned land in the South Shore Redevelopment area and
consists of two divisions: a Residential- Performance Standard (R -PS) district and a
Commercial- Performance Standard (C -PS) district, each of which is further subdivided
based upon the type and density or intensity of permitted uses.
23 -4. District Purpose and Subdistricts
A. Residential- Performance Standards. The residential - performance standards
district is designed to accommodate a broad spectrum of medium -low to high
density residential development including townhomes and multiple - family
development pursuant to "performance standards" which shall control the
permissible type and density of residential development. Performance standards
development will allow for modification of certain individual lot requirements,
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 between permissible types and
densities of residential development in the Redevelopment Area, the
Residential- Performance standards district is further divided into the following
subdistricts:
R -PS 1
R -PS 2
R -PS 3
R -PS 4
Medium - Low Density
Medium Density
Medium - High Density
High Density
23.3
B. Commercial Performance Standards.
The Commercial- Performance Standards district is 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 shall
control the permissible type, density or intensity, and mix of development.
Performance standards development will allow for modification of certain
individual lot requirements, 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 between types, densities and
intensities of uses and mix of permitted development in the Redevelopment
Area, the Commercial- Performance Standards district is divided into the
following sub - districts:
C -PSI Limited Mixed -use Commercial
C -PS2 General Mixed -use Commercial
C -PS3 Intensive Mixed -use Commercial
23 -5. Use Regulations
A. Uses Permitted By Right, Uses Permitted by 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 "P" 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 7 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 /or design review. Uses not listed in the Table of Permitted Uses are
not permitted in the district or subdistrict. 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 all of the
performance standards and other requirements of the Zoning Ordinance
applicable to the specific use and parcel in question.
B. Table of Permitted Uses
Districts and Subdistricts
General Residential- Performance
Use Category Standards
Commercial - Performance
Standards
R -PS 1 R -PS 2 R -PS 3 R -PS 4 C -PS 1 C -PS 2 C -PS 3
Residential P P P P P P P
Hotel /Motel N N C P C P P
Commercial N N N N P P P
Office N N N N P P P
Institutional P P P P P P P
Accessory P P P P P P P
P - Main Permitted Use C - Conditional Use N - Not Permitted
C. General Use Categories
1. Residential: includes single - family dwelling, two- family dwelling, multi-
family dwelling, townhouse, group home, apartment building.
2. Hotel /Motel: includes hotel, motel, and apartment hotel.
3. Commercial: includes retail sales, personal services, restaurants,
theatre, clinics, clubs and similar uses.
4. Offices: includes professional, business, medical, laboratory, research,
and similar office uses.
5. Institutional: includes public buildings and uses, public utilities, post
office, educational and philanthropic uses, museums, religious institutions,
public recreation, and other similar uses.
6. Accessory: as defined in Section 3 -2A.2 and subject to the regulations
of Section 7 -3 of this Ordinance.
D. Non - Conforming Uses, Lots and Structures
1. Applicability. Non - conforming uses, lots and structures shall be subject
to the regulations contained in Section 12 of this Ordinance and the
additional and supplemental regulations prescribed herein.
23.5
2. Supplemental Regulations As To Non - Conforming Structures.
a. Any structure in existence in the PS district as of the effective date
of this Section that is non - conforming as to height, area, yard, bulk,
setback, open space ratio, floor area ratio, parking, loading, or floor
area per unit may be maintained.
b. If such non - conforming structure has been cited by the Dade County
Unsafe Structures Board, the owners shall bring the structure into
conformance with the applicable codes within the time period
specified by the Dade County Unsafe Structures Board. If it is not
brought into compliance within said time period, the building shall
not again be used except in compliance with the zoning regulations of
the PS district.
c. If such non - conforming structure is unused as of the effective date of
this ordinance and either (1) has remained idle or unused for a
continuous period of six (6) months, or (2) has remained idle or unused
for eighteen (18) months during any three (3) year period whether or
not the equipment or fixtures are removed, the structure shall not
again be used except in conformity with the regulations of the PS
district.
d. If such non - conforming structure has been damaged by any cause
whatever to the extent of more than fifty (50 %) percent of the
County tax - assessed value of the building, it shall not be restored
except in conformity with the regulations of the PS district. If a
building is damaged by less than fifty 50% of the tax - assessed value,
it may be repaired and used as before the time of damage, provided
that such repairs or reconstruction be substantially completed within
twelve (12) months of the date of such damage; provided that such
repairs or rehabilitation result in such structure meeting all
applicable standards of the Miami Beach Property Maintenance
Standards and the South Florida Building Code; and provided that
such structure meets the minimum floor area per unit and minimum
average floor area per unit requirements of the PS district.
e. Supplemental Regulations As To Rehabilitation of Non - Conforming,
Structures. Except as provided above, no building or other permit(s)
shall be issued by the City for repair or rehabilitation of an existing
non - conforming structure for residential use (i) where the cost of
such repair or rehabilitation is less than fifty (50%) percent of the
assessed valuation of the structure or fifty (50%) percent of the
replacement value as determined by the Dade County Tax Appraisor,
whichever is greater. After such repair or rehabilitation, the
structure will then meet all applicable standards of the Miami Beach
Property Maintenance Standards and the South Florida Building Code
as determined by an on -site inspection and no other building or City
permit for repair or rehabilitation has been issued during the
preceding calendar year; and (ii) where the cost of such repair or
rehabilitation is equal to or greater than fifty (50 %) percent of the
23.6
assessed valuation of the structure or fifty (50 %) percent of the
replacement value as determined by the Dade County Tax Appraisor,
whichever is greater, after such repair or rehabilitation, the
structure will then meet all applicable standards of the Miami Beach
Property Maintenance Standards and the South Florida Building Code
as determined by an on -site inspection; not less than eighty -five
85 %) percent of all dwelling units in the structure(s) shall have a
minimum gross floor area of not less than 750 square feet; and not
more than fifteen (15 %) percent of the dwelling 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 13
of this Ordinance.
23 -6 Performance Standard Regulations
A. General Requirement. 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: 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; 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 the Plan and the redevelopment of South
Shore; and 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 the capital improvements program for the area.
All minimum performance standards applicable to a given use and subdistrict
must be met, unless a variance is granted pursuant to Section 13 of this
Ordinance.
B. Table of Residential Perforrnance Standards
Residential Subdistricts
Perforrnance Standard R -PSI R -PS2 R -PS3 R -PS4
1. Minimum Lot Area 10,000 10,000 10,000 10,000
sq.ft. sq.ft. sq.ft. sq.ft.
2. Minimum Lot Width 100 ft. 100 ft. 100 ft. 100 ft.
3. Required Open Space .60 .65 .70 .70
Ratio
4. Maximum Building
Height (in feet)
excluding enclosed
parking)* for parcels
less than 40,000 square
feet
30 40 60 None
5. Maximum Building 60 60 80 None
Height (in feet)
excluding enclosed
parking)* for parcels
of 40,000 square feet
or more
6. Maximum FAR .75 1.0 1.25 1.5
without bonus)
7. Maximum FAR 1.5 1.75 2.00 2.25
with bonus)
8. Minimum Floor 750 600 500 400
Area Per Dwelling
Unit (in square feet)
9. Minimum Average 1000 900 800 750
Floor Area Per
Dwelling Unit
in square feet)
10. Minimum Floor N.A. N.A. 400 400
Area Per Sleeping
Unit (in square feet)
11. Minimum Yards Pursuant to Section 8 of Zoning Ordinance, except as modified
by 23 -6G herein.
12. Minimum Parking Pursuant to Section 9 of Zoning Ordinance and Section 23 -61-1
Requirement herein.
23.8
4,13. Minimum Off- Pursuant to Section 10 of Zoning Ordinance.
Street Loading
14. Signs Pursuant to Section 11 of Zoning Ordinance.
enclosed parking shall meet the requirements set forth in Section 9 -5 I of this Ordinance,
shall be covered by a roof and shall contain no residential use.
C. Table of Commercial Performance Standards
Commercial Subdistricts
Performance Standard C -PS 1 C -PS 2 C -PS 3
1. Minimum Lot Area 10,000 10,000 10,000
sq.ft. sq.ft. sq.ft.
2. Minimum Lot Width 100 ft. 100 ft. 100 ft.
3. Maximum Building 40 ft. None None
Height (in feet)
excluding enclosed
parking)*
4. Maximum Floor Area
Ratio (without bonus)
5. Maximum Floor Area
Ratio (with bonus)
1.0 2.0 2.5
2.0 2.5 3.5
6. Residential Development Pursuant Pursuant Pursuant
to all to all to all
R -PS2 R -PS3 R -PS4
district district district
regula- regula- regula-
tions. tions. tions,
except
maximum
floor
area
ratio
shall be
3.5 and
open
space
ratio
shall be
60
measured
at or above
grade.
23.9
7. Minimum Floor Area
Per Sleeping Unit
in square feet)
8. Minimum Yards
9. Minimum Parking
Requirements
10. Minimum Off - Street
Loading
11. Signs
400 400 400
Pursuant to Section 8 of Zoning Ordinance
except as modified by 23 -6G herein.
Pursuant to Section 9 of Zoning Ordinance
except as modified by 23 -6I herein.
Pursuant to Section 10 of Zoning Ordinance.
Pursuant to Section 11 of Zoning Ordinance.
enclosed parking shall meet the requirements set forth in Section 9 -5 I of this Ordinance,
shall be covered by a roof and shall contain no residential use.
D. Performance Standard Bonuses. In order to encourage the aggregation of
parcels, an appropriate mix and scale of development, and architectural and site
design compatible with the standards and guidelines of the Comprehensive Plan
and the Redevelopment Plan, floor area ratios may be increased up to the
maximums specified, in accordance with the applicable Table of Performance
Standard Bonuses and the criteria enumerated therein. Floor area ratio bonuses
may be accumulated by meeting one or more of the criteria as set forth in the
applicable Table; provided, however, that in no event shall any use be permitted
an increase in floor area ratio greater than the maximum specified in the
applicable Table of Residential or Commercial Performance Standards, except
through the use of development rights transfers. Bonuses shall be determined, in
accordance with the applicable Table of Residential or Commercial Performance
Standard Bonuses and the urban design and development guidelines incorporated
in the adopted Redevelopment Plan, during the Design Review process pursuant
to Section 24 of this Ordinance.
E. Table of Residential Performance Standard Bonuses
Residential Bonus Factors Maximum Bonus
1. Parcel Aggregation
a) for each 10,000
sq.ft. above
minimum lot area,
up to 40,000 sq. ft.
b) for each 20,000
sq. ft. above
40,000 sq.ft. up
to 80,000 sq. ft.
23.10
15 increase in FAR
1 increase in FAR
2. Dwelling Unit Size
a) for each 100 sq.ft
increase in minimum
average floor area
per dwelling unit up
to 200 sq. ft. increase
b) For each 100 sq. ft.
increase in minimum
floor area per dwelling
unit for all units, up
to 200 sq. ft. increase
3. Design Features.
All site plans shall be
consistent with Urban Design
guidelines for the redevelop-
ment area as set forth in the
adopted Redevelopment Plan and
the adopted Private Sector
Development Controls and
Guidelines (Ordinance No.
77- 2099). The Design Review
Board may recommend that the
applicant receive a bonus,
within the ranges herein
specified, for exceptional
achievement in urban design
in any of the following
areas:
a) Planting and landscaping
considering type of plant
materials, lushness, shading
and cooling effect, screening,
wind control effect, buffering
effect, color, size and area of
planting, maturity at time of
initial planting, maintenance
provisions, irrigation and
relationship to buildings and
street scape)
1 increase in FAR
1 increase in FAR
75 increase in FAR (but
in no event, whether alone
or in combination with other
bonus factors as established
herein, to cause the project
to exceed the "maximum floor
area ratio with bonus" as
set forth in Section 23 -6B herein).
Maximum Permissible
Bonus Range
05 -.15
b) Paving
considering surface material,
solar reflection and absorption,
texture and color, richness and
unity, transition with public
spaces, creation of arrival
plaza and internal paving)
c) grading
considering slope, drainage,
use of ground cover, air movement,
use separation, public and private
circulation, form and scale, visual
interest, space creation, public -
private transitions and continuity,
and architectural integration)
d) 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)
e) signs and graphics
considering function and purpose
scale, orientation, size, style,
aesthetics, location, relationship
to architecture, visual impact,
consistency and uniforrnity, view
blockage, illumination, movement,
conflict and relationship to public
and private spaces)
f) street furniture
considering pedestrian orientation,
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)
23.12
05 -.10
05
05 -.10
05
05
g) lighting
considering function, circulation,
security, identification, aesthetics,
lighting of exterior spaces, lighting
of planting, lighting of architec-
tural and /or design features,
lighting of parking area, lighting
levels, impact beyond project,
uniformity and consistency with
architecture and other urban
design features, type of lighting,
and lighting fixtures)
h) arcades
considering pedestrian access,
accommodation of activities, linkage
in circulation pattern, relationship
to architectural and urban design
features, shading and cooling effect,
protective effect, relationship to
public and private spaces, accessi-
bility and usability)
i) site planning
considering vehicular and pedestrian
circulation and orientation, parking
location and access, quality and
amount of open space, building setbacks,
views and vistas, building orientation,
relation to adjacent buildings and
structures, relation to public and
private spaces)
j) building design
considering scale, height, mass,
facade, surface materials, rooftop,
aesthetics, integration with urban
design features, color, relation-
ship to adjacent buildings and
spaces and continuity with respect
to architectural design)
23.13
05
05 - .10
05 - .15
05 - .25
F. Table of Commercial Performance Standard Bonuses
Commercial Bonus Factors
1. Parcel Aggregation
a) for each 10,000 sq. ft.
above minimum lot area, up
to 40,000 sq. ft.
b) for each 20,000 sq. ft.
above 40,000 sq. ft.,
up to 80,000 sq. ft.
2. Design Features
All site plans shall be consistent
with Urban Design guidelines for the
redevelopment area as set forth in
the adopted Redevelopment Plan and
the adopted Private Sector Development
Controls and Guidelines (Ordinance
No. 77- 2099). The Design Review
Board may recommend that the
applicant receive a bonus, within
the ranges herein specified, for
exceptional achievement in urban
design in any one or more of the
following areas:
a) planting and landscaping
considering type of plant
materials, lushness, shading
and cooling effect, screening,
wind control effect, buffering
effect, color, size and area of
planting, maturity at time of
initial planting, maintenance
provisions, irrigation and
relationship to buildings and
street scape)
b) paving
considering surface material,
solar reflection and absorption,
texture and color, richness and
unity, transition with public
spaces, creation of arrival plaza
and internal paving)
23.14
Maximum Bonus
15 increase in FAR
1 increase in FAR
5 increase in FAR (but in no
event, whether alone or in
combination with other bonus
factors as established herein,
to cause the project to exceed
the "maximum floor area ratio
with bonus" as set forth in
Section 23 -6C herein, except
through use of development
rights as provided in this
Ordinance.
Maximum Permissable
Bonus Range
05 -.15
05 - .10
c) grading
considering slope, drainage,
use of ground cover, air movement,
use separation, public and private
circulation, form and scale, visual
interest, space creation, public -
private transitions and continuity,
and architectural integration)
d) 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)
e) signs and graphics
considering function and purpose,
scale, orientation, size, style,
aesthetics, location, relationship
to architecture, visual impact,
consistency and uniformity, view
blockage, illumination, movement,
conflict and relationship to public
and private spaces).
f) street furniture
considering pedestrian orientation,
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)
g) lighting
considering function, circulation,
security, identification, aesthetics,
lighting of exterior spaces, lighting
of planting, lighting of architectural
and /or design features, lighting of
parking areas, lighting levels,
impact beyond project, uniformity
and consistency with architecture
and other urban design features, type
of lighting, and lighting fixtures)
23.15
05
05 -.10
05 - .10
05 -.10
05 -.10
h) arcades
considering pedestrian access,
accommodation of activities, linkage
in circulation pattern, relationship
to architectural and urban design
features, shading and cooling effect,
protective effect, relationship to
public and private spaces, accessibility
and usability)
i) site planning
considering vehicular and pedestrian
circulation and orientation, parking
location and access, quality and amount
of open space, building setbacks, views
and vistas, building orientation, relation
to adjacent buildings and structures,
relation to public and private spaces)
1) building design
considering scale, height, mass, facade,
surface materials, rooftop, aesthetics,
integration with urban design features,
color, relationship to adjacent buildings
and spaces and continuity with respect to
architectural design)
3. C -PS 2 Only
05 -.15
05 -.15
05 - .25
a) Outdoor cafe (with minimum of 500 square .05 - .15 increase in FAR
feet)
b) First Floor Commercial Use (with minimum .05 - .15 increase in FAR
of 1,000 square feet)
c) Development Rights Transfer - for each 1,000 gross square foot
development right increase in maximum permis-
sible floor area
G. Supplementary Yard Regulations
1. Applicability. The yard regulations set forth in this section (a) supplement
the regulations set forth in Sections 8 -1, 8 -2, 8 -6, 8 -7 and 8 -8 of this
Ordinance, which remain applicable to all development in the PS district;
and (b) substitute for the yard regulations set forth in Sections 8 -3, 8 -4 and
8 -5 of this Ordinance, which shall not be applicable in the PS district.
23.16
2. Minimum Required Yards for R -PS 1 -4 Districts. The following minimum
yards are required for development in the R -PS 1 -4 districts at and above
grade level:
Front and Rear
20' + 1' for each 10'
in height above 60 feet
measured from grade up to
a maximum front and rear
setback of 40' each.
Side
the sum of the side yard widths shall be at
least 25% of lot width, but no interior side
yard shall be less than 10% of the lot width
or 10' whichever is greater; and no side yard
adjacent to a street shall be less than 15 feet
or 10% of the lot width, whichever is greater.
The first 10' of such side yard adjacent to a
street shall be developed and maintained as a
landscaped area.
Provided, however, that townhouse residential development as defined by
and pursuant to the regulations established in Section 26 of this Ordinance
on parcels not less than 21,000 square feet and at a height not greater than
30 feet above grade including enclosed parking shall be exempt from the
side yard setback specified above and shall be subject in -lieu thereof to a
minimum side yard setback of 10 feet; and shall be exempt from the
minimum open space ratio otherwise required pursuant to Section 23 -6B
herein and shall be subject in -lieu thereof to a minimum open space ratio
of .40.
3. Minimum Required Yards in Relation to Minimum Open Space Ratio. In all
cases, except as otherwise provided herein, an applicant must 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 resulting from the minimum yards requirements alone,
the applicant must provide not less than 50% of the difference in the form
of open space at grade and the remainder either at or above grade. 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; however, at -grade drives in the C -PS 3 District
shall be permitted when said drive is not less than 71/2 feet from the
property line.
4. Minimum Required Yards for C -PS 1 -3 Districts.
a. The following minimum yards are required for non - residential
development in the C -PS 1 -3 districts and residential development in
the C -PS 3 District at and above grade levels:
Front
10 feet, but no point
on a building shall be
closer to the front lot
line than one -half the
height of the point
above grade; not with-
standing the above no front
setback shall be required
for buildings in the C -PS 2
district whose front lot
line is on Fifth Street
Miami Beach Boulevard)
and the minimum required
setback in the C -PS 3
District for buildings
fronting on the east side
of Washington Avenue shall
be a constant twelve (12)
feet.
Rear
10 feet or 10% of
the building height,
whichever is greater.
Side (total)
10% of the width of the lot
or 10% of the height of the
building, whichever is
greater; provided, however,
that no side yard adjacent
to a street shall be less
than 10 feet and no point on
the building shall be
closer to the centerline
of a side street than one -
half the height of the point
above grade. Not withstanding
the above, the minimum required
side yard setback in the C -PS 3
District along Biscayne Street
east of Washington Avenue shall
be 15 ft. provided however all
other side yard setback require-
ments shall remain applicable.
b. Residential development in the C -PS 1 -3 districts shall be subject to
the yard and other regulations applicable to the appropriate R -PS
district as shown in Section 23 -6C and Section 23 -6G (1) - (3) of this
Ordinance.
c. Mixed use development in the C -PS 1 -3 districts shall be subject to
the minimum required yards for non - residential development pursuant
to Section 23- 6G4(a) if 25% or less of the total area of such building
is used for dwelling purposes. If 25% or more of the total area of
such building is used for dwelling purposes, the building shall be
subject to the minimum required yards for residential development
pursuant to Section 23- 6G4(b) as modified by the following:
1) where such use abuts a public off - street parking area, the
residential rear yard requirement may be reduced by one -half,
but shall, in no event, be less than 10 feet;
2) minimum required yards for residential development shall be
applied only to the lowest floor (and all floors above it) which
contain one or more dwelling units; otherwise, applicable non-
residential yard requirements shall apply; and
23.18
3) where the applicant incorporates an atrium or other interior
space at the ground level and extending to the top floor of the
structure, an "interior setback" credit shall be applied for such
square footage at ground level against the otherwise required
exterior setbacks, but, in no event shall any exterior setbacks
be less than that required for non - residential development in
the C -PS 1 -3 districts. For purposes of this subsection only,
hotels and motels shall be considered as non - residential uses.
1l. Alternative Parking Requirement for Multi- Family Residential Development in
R -PS Districts.
In lieu of meeting the multi - family residential parking requirement as set forth
in Section 9 -2A(4) of this Ordinance, the applicant may provide one (1) parking
space per dwelling unit, regardless of size of unit or number of bedrooms, on
site, and pay a fee in the amount of Five Thousand Dollars ($5,000.00) per space
in lieu of providing the otherwise required parking pursuant to Section 9- 2A(4),
representing the difference between one (1) parking space per unit and the
requirements of Section 9- 2A(4). The fee shall be paid prior to issuance of a
building permit for such development and all fees collected shall be placed in a
special interest - bearing South Pointe Development Area Off - Street Parking
Fund, and such fees and interest thereon shall be dedicated toward and used
solely and exclusively for the development of off - street parking in the South
Pointe Redeveloment area pursuant to the adopted Redevelopment Plan and any
amendments thereto.
Supplemental Parking Regulations: C -PS3 District
1.25 parking spaces per dwelling unit, 1 parking space per sleeping 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 parcel 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 dwelling
unit parking spaces may be satisfied through the provision of valet parking
spaces.
Parking spaces shall be sized in accordance with the following chart:
Parking Angle Standard Spaces Compact Spaces
90° 9'0" Wide 7'8" Wide
18'0" Long 15'0" Long
60° 8'6" Wide 7'6" Wide
18'0" Long 15'0" Long
45° 8'6" Wide 7'6" Wide
18'0" Long 15'0" Long
Parallel 9'0" Wide 7'8" Wide
23'0" Long 20'0" Long
Handicapped 12'0" Wide
18'0" Long
Access aisles shall be provided in accordance with the following chart:
Width of Aisle: Width of Aisle: Width of Aisle
Angle of One -Way Traffic Two -Way Traffic One -Way Traffic
Size /Car Parking Double Loaded Double Loaded Single Loaded
Standard 90° 23.0 feet 23.0 feet 23.0 feet
Standard 60° 11.8 feet 19.3 feet 12.7 feet
Standard 45° 9.5 feet 18.5 feet 10.8 feet
Compact 90° 20.0 feet 21.0 feet 20.0 feet
Compact 60° 9.5 feet 19.0 feet 10.3 feet
Compact 45° 9.2 feet 18.7 feet 10.6 feet
Standard Parallel 10.0 feet 20.0 feet 10.0 feet
Compact Parking
23 -7. Development Rights Transfer
A. Transfer Areas
The R -PS 1 and 2 subdistricts are designated, for purposes of this section,
as the transferor area and the C -PS 2 subdistrict is designated, for
purposes of this section, as the receiving area.
B. Attachment of Development Rights
Any owner of property in the transferor area may, upon construction of a
new development or substantial rehabilitation of an existing development
with a density less than 60 units per acre, acquire and transfer
development rights to properties in the receiving area.
C. Calculation of Development Rights Equivalencies
Each development right shall be equivalent, upon transfer, to a 1,000 gross
square foot increase in the maximum permissible floor area otherwise
permitted on the receiving area site in the first three (3) years following
the effective date of this subsection as provided in E, below. Thereafter,
each development right shall have the following equivalent values:
Year Gross Square Foot Increase in Floor Area in Receiving Area
Year 4 900
Year 5 800
Year 6 700
Year 7 600
Year 8 500
Year 9 400
Year 10 300
Year 11 200
Year 12 100
Year 13 and after 0
23.20
Development rights shall accrue at the following rate: One (1) per dwelling
unit if resulting from substantial rehabilitation on the transferor area site;
one and a half (1 1/2) per dwelling unit if resulting from new construction
on the transferor area site, if such site is less than forty thousand (40,000)
square feet; and two (2) per dwelling unit if resulting from new
construction on the transferor area site, if such site is 40,000 square feet
or greater.
D. Limitations on Development Rights Transfers in C -PS 2 Subdistrict
Development rights may be transferred to properties in the receiving area
only. The maximum increase in permissible square footage of development
on a site in the receiving area on which development rights are being used
may not exceed 50% of the total square footage otherwise permissible
pursuant to this Ordinance without use of development rights.
E. Development Right Administration
The City Commission shall formulate and adopt appropriate rules and
regulations to guide the implementation of this provision consistent with
the language herein and the intent of this section. This subsection will
become effective when such rules and regulations have been adopted by the
City Commission.
23 -8 Procedure for Review and Approval of Uses in the Performance Standards
District
A. Permitted Uses: Applicants for a building permit for the construction, or
for the repair or rehabilitation of a permitted use in the Performance
Standards District shall be subject to the requirements of Section 14 and
Section 23 as to required site plan review and design review.
B. Conditional Uses: Applicants for a conditional use in the Performance
Standard District shall be required to obtain such aproval in accordance
with the procedures and subject to the requirements of Section 7 of the
Zoning Ordinance, and shall additionally be subject to the requirements of
Section 14 and Section 24 of the Zoning Ordinance as to required site plan
review and design review. To the maximum extent possible, these
processes and the requirements therefor shall be coordinated so as to avoid
unnecessary duplication and expense.
C. Variances: Applications for variances may be made by the applicant
pursuant to the procedure and subject to all requirements as set forth in
Section 13 of the Zoning Ordinance.
D. Development Agreements: As a condition of site plan and /or design
review, the City and the applicant may enter into a Development
Agreement by which the applicant may be assured that upon approval, the
project will be permitted to proceed in accordance with existing ordinances
and regulations, and by which the applicant and the City may agree to
certain terms and conditions relating to the timing of development,
provision of public facilities, vacation, dedication and such other matters
as may reasonably relate to the project.
23.21
23 -9 Administration
A. Enforcement: Enforcement of this Ordinance shall be pursuant to the
provisions of Section 14 -1 of the Zoning Ordinance.
B. Interpretation: Interpretation of this Ordinance shall be pursuant to the
provisions of Section 15 of the Zoning Ordinance.
C. Violations and Penalties: Violations of this Ordinance and penalties
therefore shall be pursuant to the provisions of Section 18 of the Zoning
Ordinance.
23.22
SECTION 24
DESIGN REVIEW REGULATIONS
24 -1 Purpose.
The primary purpose of the design review is to insure a high degree of aesthetics,
promote quality and compatible development of land uses, buildings, and structures
which enhance the value of property and the physical environment of the community in
certain highly visible, tourist, commercial and residential areas of the City.
24 -2 Scope of Review.
Design Review encompasses the examination of the below criteria with regard to the
aesthetics, appearances, and function of the structure in relation to the site, adjacent
structures and surrounding community. The Design Review Board and Planning
Department shall review plans based upon the below criteria and Section 24 -5A as
established in this Section of the Zoning Ordinance. If the Board determines that an
application is not consistent with the criteria, it shall set forth in writing and with
specificity the reasons substantiating its finding.
A. The existing and proposed conditions of the lot, including but not necessarily
limited to topography, vegetation, trees, drainage, and waterways.
B. The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping structures and signs, and lighting and screening devices.
C. 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.
D. The color, design, selection of landscape materials and architectural elements of
exterior building surfaces for developments requiring a building permit in areas
of the City identified in Section 24 -3,A.
E. 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 of the buildings and structures are
involved.
F. The proposed structure indicates a sensitivity to and is compatible with the
environment, adjacent structures, and enhances the appearance of the
surrounding properties.
G. 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 and fire
protection, relationship to the surrounding neighborhood impact on contiguous
and adjacent buildings and lands, pedestrian sight lines and view corridors.
24.1
H. 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 site.
I. Lighting shall be reviewed to ensure safe movement of persons and vehicles; for
security purposes and to minimize glare and reflection on adjacent properties.
J. Landscape and paving materials shall be reviewed so as to ensure an adequate
relationship with and enhancement of the overall site plan design.
K. Buffering materials shall be reviewed to ensure that headlights of vehicles,
noise, and light from structures are purposely shielded from public view and
pedestrian areas.
L. 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.
M. Garbage disposal shall be reviewed to ensure freedom frorn vermin and rodent
infestation. All disposal systems shall meet municipal specifications as to
installation and construction.
N. The overall project shall be reviewed for compliance with the City's
Comprehensive Plan or special plans that apply to or affect the subject property.
24 -3 Applicability and Exemptions.
A. APPLICABILITY. All building permits for new construction, alterations, or
additions to existing buildings within the following areas shall be subject to
review by the Design Review Board. No building permit shall be issued without
the express written approval by the Design Review Board or otherwise provided
for in these regulations for the following areas:
1. Any use, structure or building located between the oceanfront bulkhead
line and the erosion control line.
2. Any use, structure or building within the fifty (50) foot bulkhead rear yard
setback for oceanfront lots.
3. Any use, structure or building within Marine Districts (MD) I and II, the
Municipal Use (MU) District, and Convention Center (CCC) District except
for the following projects which have been either conceptually approved
and submitted to the City Commission for consideration prior to the
effective date of this subsection: The Convention Center Expansion,
TOPA, Miami Beach Marina, South Pointe Park and Specialty Restaurant,
Island View Park, Police and Justice Center, 21st Street Recreation Center
and Fire Station No. 2
4. Any use, structure or building located within a designated redevelopment
area.
24.2
B. EXEMPTIONS. Exemptions to these regulations include all the following
provided no new construction and /or additions to existing buildings are required:
1. 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.
2. any permit necessary for the compliance with a lawful order of the Code
Enforcement Director, Fire Marshall or Public Works Director related to
the immediate public health or safety.
3. all permits for interior alterations and repairs.
4. all permits for demolition or wrecking.
24 -4 DESIGN REVIEW BOARD POWERS AND DUTIES
A. POWERS AND DUTIES
1. Responsible for promoting excellence in urban design.
2. Responsible for reviewing all applications requiring Design Plan Review.
3. Responsible for preparing and recommending adoption of design plans for
areas subject to its review authority.
B. MEMBERSHIP
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 (1) 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.
1. 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.
2. any permit necessary for the compliance with a lawful order of the Code
Enforcement Director, Fire Marshall or Public Works Director related to
the immediate public health or safety.
3. all permits for interior alterations and repairs.
4. all permits for demolition or wrecking.
24 -4 DESIGN REVIEW BOARD POWERS AND DUTIES
A. POWERS AND DUTIES
1. Responsible for promoting excellence in urban design.
2. Responsible for reviewing all applications requiring Design Plan Review.
3. Responsible for preparing and recommending adoption of design plans for
areas subject to its review authority.
B. MEMBERSHIP
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 (1) 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.
24.3
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 -large members shall be
residents of the City.
C. TERMS OF OFFICE
The term of service on the Design Review Board shall be two (2) years. No
regular member shall serve more than three (3) consecutive terms.
The members of the first Board shall be appointed as follows: one (1) architect,
one (1) citizen -at- large, the professional engineer, and the professional land
planner shall be appointed for a one (1) year term and the remaining three (3)
members shall be appointed for two (2) year terms. Thereafter, every member
appointed shall be appointed to serve a two (2) year term.
D. 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.
E. QUORUM AND VOTING
A quorum shall constitute five (5) 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.
F. MEETINGS
The Board shall meet within a reasonable time upon receipt of an application, at
the call of the Chairperson or the Planning Director. All meetings shall be open
to the public and shall be conducted in accordance with the rules and regulations
adopted by the Board.
G. ORGANIZATION
1. The Chairperson and Vice - Chairperson shall be elected from the members
of the Board by a majority vote.
2. The Department of Planning shall provide the necessary staff to assist the
Board in the performance of its duties.
H. CONFLICT OF INTEREST
A member of the Board should not vote on an application if it involves the
members' own property or property owned by members of his or her family or
24.4
current business associates either individually or of a company. Any board
member is prohibited from conducting business with any applicant for as long as
the board member remains on the board. Failure to comply with this
requirement will result in the automatic removal of all approvals received by the
applicant. All other state, county and municipal laws governing the ethical
conduct of public officials shall apply to members of the board.
24 -5 DESIGN REVIEW PROCEDURE
A. CONSISTENCY WITI -I DESIGN REVIEW BOARD STANDARDS
All plans shall be consistent with the Design Review Board's adopted guidelines
for the area in which the site is located and with the criteria listed.
B. APPLICATION FOR DESIGN REVIEW
Any applicant requesting a hearing before the Design Review Board shall pay,
upon the submission of an application to the Planning Department, a fee of 1% of
the estimated value of construction; but not to exceed a sum of $200.00. An
application pertaining only to signs shall require a fee of $50.00. If a deferment
or clarification hearing is requested by the applicant, a $50.00 fee shall be
assessed. If a deferment or clarification of conditions is requested by the Board,
there will he no additional fee. If the applicant removes his file from the agenda
after it has been accepted by the Planning Department, the City shall retain 50%
of the application fee.
The above fee schedule is provided to defray the costs associated with the
Administration of this Section.
Should a question arise as to compliance with the conditions as outlined by the
Design Review Board, a clarification hearing before the Board may be called by
any City Department having jurisdiction or the applicant.
C. PRELIMINARY DESIGN REVIEW
The applicant shall submit a Preliminary Design Review Application to the
Planning Department. The Planning Department, with the assistance of any
other applicable City Department, will review the zoning, architectural and
other plan elements of the application and provide written comments to the
applicant within ten (10) days of the application.
D. FINAL DESIGN REVIEW
The applicant shall obtain a Design Review application from the Planning
Department which shall be responsible for the overall coordination and
administration of the Design Review Process. Once the application and
appropriate set(s) of plans have been received by the Planning Department and
determined to be complete, the Planning Department shall within ten (10)
working days conduct a Staff review and prepare a recommendation to the
Design Review Board.
24.5
The Design Review Board shall consider the application and Planning Department
recommendation within a reasonable time from the date of submission of a
complete application to the Planning Department. The Board shall announce its
decision within three (3) working days of the hearing. The Design Review Board
shall have mandatory powers to approve or disapprove applications, with or
without conditions.
The Design Review 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 more specifically outlined in the City's
Comprehensive Plan and other specific plans pertaining to the areas identified in
Section 24 -3A.
Upon approval of an application by the Design Review Board, the Planning
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 only then
submit an application for a building permit. The remaining approved plan shall
be part of the Board's official record and shall be maintained on file with the
Planning Department.
E. BUILDING PERMIT APPLICATION
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 Design Review Board and stamped and signed by the
Planning Director or his authorized representative.
No building permit, certificate of occupancy, certification of completion, or
occupational license shall be issued unless all the plans, including amendments,
notes, revisions, or modifications, have been approved by the Planning Director.
Minor modifications to plans that have been approved by the Design Review
Board shall be permitted when approved by the Planning Director.
No building permit shall be issued for any plan subject to design review except in
conformance with the approved plans. The applicant shall have up to one (1)
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 Design Review 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.
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 Director or his authorized representative in accordance with this
Ordinance.
F. SPECIAL REVIEW PROCEDURE
For minor work associated with alterations and additions to existing buildings,
the Planning Director or his designated representative, upon the written
authorization of the Chairman of the Design Review Board, shall have the
authority to approve, approve with conditions or deny an application on behalf of
the Design Review Board. Appeal of the Planning Director's finding shall be to
the Board and scheduled at the next regular meeting date.
24 -6 APPEAL
The applicant or any city department having jurisdiction may appeal any decision of
the Design Review Board to the City Commission. The appeal shall be in writing and
submitted to the Planning Director within twenty (20) days of the date the Design
Review Board reached a decision on an application. The Planning Director shall place
the appeal on the City Commission agenda within thirty (30) days of receipt of the
appeal. In order to reverse, amend, or modify any decision of the Design Review
Board, the City Commission:
1. Shall find that the Design Review Board acted arbitrarily and capriciously in
abuse of its discretionary powers; and
2. The vote to reverse, amend or modify shall be by a five - sevenths (5/7) majority
of the entire City Commission.
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 set forth in
those laws.
SECTION 25
FACADE REVIEW REGULATIONS
25 -1 Purpose.
A. The purpose of Facade Review 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.
25 -2 Scope of Review.
A. Facade Review encompasses the regulations of the primary paint color of
exterior building surfaces for all developments.
25 -3 Applicability and Exemptions.
A. All public and private development in the City of Miami Beach including new
buildings, additions or alterations requiring painting and existing buildings
requiring repainting shall be subject to Facade Review with the exception of
single family homes.
25 -4 Criteria for Facade Review
A. A Miami Beach Facade Review Color Chart shall be approved by the Planning
Board and shall serve as a basic criteria for facade review. For the purposes of
this Section, no less than 75% of the total paint to be used on the exterior of a
building shall be the primary paint color selected from the Miami Beach Facade
Review Color Chart. There shall be only one primary paint color selected for
each building subject to the regulations of this Section.
25 -5 Color Selection Procedure
A. The Miami Beach Facade Review Color Chart shall be available in the Code
Enforcement Department. When an applicant has made a color selection, he
must provide a paint chip or dry sample sufficient to indicate that the specified
paint to be used is 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.
1. EXISTING STRUCTURES. No permits for repainting shall be issued until
the applicant has made a color selection from the Miami Beach Facade
Review Color Chart and has submitted the required color sample, pursuant
to this section. The color selection shall be approved and indicated on the
painting permit and the building card. The color sample shall be retained
by the Code Enforcement Department for future reference.
2. NEW CONSTRUCTION AND ADDITIONS. When applying for the original
building permit, the applicant must follow the same procedures as provided
in Section 25 -5A.
25.1
B. If the structure to be painted requires Site Plan Review, the applicant may
submit an application for a painting or building permit simultaneously with Site
Plan Review to expedite processing. However, no painting permit shall be issued
until the Final Site Plan has been approved and a building permit issued by the
Code Enforcement Department.
25 -6 Appeal.
A. The applicant may appeal a decision regarding Facade Review to the Board of
Adjustment.
SECTION 26
TOWNHOME RESIDENTIAL DEVELOPMENT REGULATIONS
26 -1 Purpose.
A. These regulations provide for the arrangement of townhome dwelling units so as
to result in the efficient and aesthetically pleasing use of land; create
meaningful open spaces; and provide for the protection of the surrounding
residential area.
26 -2 Uses Permitted.
A. No land, body of water or structure shall be used, in whole or in part, and no
structure shall be hereinafter erected, constructed, moved, or reconstructed,
structurally altered or maintained for any purpose under these regulations which
is designed, arranged or intended to be used or occupied for any reason or
purpose, except for townhomes and related accessory uses and structures that
support the Townhome Residential Development.
26 -3 Districts Permitted.
A. Townhome Residential Developments are permitted in the following districts:
1. RM -14 Multiple Family Low Density District
2. RM -24 Multiple Family Medium Low Density District
3. PUD Planned Unit Development Residential District
4. RM -60 Multiple Family Medium Density District
26 -4 Filing Requirements.
A. Petitioners for a Townhome Residential Development shall file an application
with the Planning Department in accordance with the following provisions:
1. All Townhome Residential Developments shall meet the requirements of
Section 24. Design Review Regulations. The Site Plan shall become a part
of the official record.
2. When a Townhome Residential Development is not a permitted use in the
zoning district, the petitioner may file for an amendment to the Ordinance
or a change of zoning pursuant to the process as set forth in Section 16.
General (Changes and Amendments). A request for an amendment to the
Ordinance for a change of zoning to allow townhome development shall be
accompanied by a site plan in accordance with the requirements of
Section 24. Design Review Regulations and such site plan shall become
part of the official record of the change of zoning request.
Notwithstanding any other provisions of this Zoning Ordinance, applications
for Change of Zoning to Planned Unit Development (PUD) shall contain an
area not less than 21,000 square feet and frontage on a public street of not
less than 150 feet.
26.1
26 -5 Development Regulations
A. These regulations shall apply to all Townhome Residential Developments where
permitted in this Zoning Ordinance.
B. DEVELOPMENT COMPATIBILITY. As part of the Site Plan Review Process
required in Section 24 -4 of this Ordinance, each Townhome Residential
Development must demonstrate a compatibility with neighboring uses. The
Townhome Residential Development shall also be designed to preserve and /or
enhance the character and natural habitat of adjoining properties and
neighborhood.
C. DENSITY. Density shall not exceed the maximum density permitted in the
district in which the Townhome Residential Development is located. No more
than four (4) townhome units shall be constructed in any one building.
D. MINIMUM BUILDING SITE. 21,000 square feet.
E. MINIMUM FLOOR AREA. No individual townhome dwelling unit shall have less
than one thousand (1,000) square feet of floor area and the average floor area of
the townhome residential development shall be no less than thirteen hundred
1,300) square feet.
F. PARKING. A minimum of two (2) off - street parking spaces shall be provided for
each individual townhome dwelling unit. When parking is not located in the
411 minimum front yard setback, the parking requirement shall be one and three
quarters (1 -3/4) spaces for each townhome dwelling unit. In addition to the
above required spaces, a minimum of one (1) additional off - street space for
every three (3) townhome units shall be provided; however, said space shall not
be located in the minimum front yard setback, and such spaces shall be
designated as visitor space. All required parking shall be located on site.
G. HEIGHT. The maximum building height shall not exceed thirty (30) feet above
grade. With the exception of carports, accessory structures shall be enclosed on
all sides, one of which may be a building wall. The maximum height of all
accessory structures shall not exceed one story in height.
H. LOT COVERAGE. The maximum lot coverage for the development shall not
exceed forty (40%) percent of the site.
I. YARDS. Structures may be arranged irrespective of platted lot lines. For the
purposes of this Section, the perimeter boundary lines of the site shall be
referred to as the site line.
1. No structure shall be permitted within twenty (20) feet of a public street.
No structure shall be permitted within twenty (20) feet of a front or rear
site line or within seven and one -half (7Y) feet of an interior side site line.
2. The minimum setback between groups of attached or detached townhome
units shall be no less than fifteen (15) feet measured between the nearest
points of adjacent buildings.
26.2
3. For the purposes of this Section, a private drive shall be a roadway that is
privately owned which provides the primary means of vehicular access to
the driveway(s) and /or parking areas serving each townhome structure.
Private drives which provide for traffic in one (1) direction shall have a
minimum width of ten (10) feet. Private drives which provide for traffic in
two (2) directions shall have a minimum width of twenty (20) feet. There
shall be a four (4) foot wide landscaped setback area between a private
drive and any site line and a three (3) foot wide landscaped setback area
between any private drive and any structure or obstruction. In addition,
each townhome unit shall be located at least twenty (20) feet from a
private drive.
3. LANDSCAPING. All required yard areas shall have a minimum of one (1) shade
or flowering tree located on each and every four hundred (400) square feet of
said area. Said trees shall be 8 -10 feet in overall height when planted. When
perimeter fences or walls are located adjacent to sidewalks, there shall be a
minimum three (3) foot setback from the perimeter wall to the sidewalk. This
space shall be planted with shrubs no less than thirty (30) inches in height when
planted. All pervious surfaces shall be landscaped with shrubs, hedge material,
flowers, grass or other acceptable landscaping treatments. All plant materials
shall be maintained by the property owner so as to assure the landscaping
treatment indicated in the approved plans.
K. SERVICES AND UTILITIES. Each townhome dwelling unit shall be serviced by
separate water, telephone, gas and electric services. Electric, telephone, or any
other form of cable, wire, etc, shall be placed underground.
L. DESIGN. No townhome dwelling unit shall be located over another unit.
M. COMPLIANCE WITH REGULATIONS REQUIRED. When not specifically
addressed in these regulations, all other regulations contained within this Zoning
Ordinance shall apply.
SECTION 27
HP- HISTORIC PRESERVATION DISTRICT REGULATIONS
27 -1 Purpose
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.
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 historically, architecturally, and archeologically significant
sites and districts (hereinafter: "significant sites and districts ");
B. The protection of such significant sites and districts to combat urban blight,
promote tourism, foster civic pride, and maintain physical evidence of the City's
heritage;
C. The encouragement and promotion of restoration, preservation, rehabilitation
and reuse of significant sites and districts by providing technical assistance,
investment incentives, and facilitating the development review process;
D. The promotion and excellence in urban design by assuring the compatibility of
restored, rehabilitated or replaced structures within designated historic
preservation districts.
27 -2 Definitions
A. "Alteration" means any material change in the external features of any historic
site or improvement within an historic district, or to the interior of any such site
or improvement if the interior features have been designated pursuant to this
Ordinance.
B. "Archeological Site" means a single specific location which has yielded or is
likely to yield information on local history or prehistory. Archeological sites
may be found within archeological zones, historic sites, or historic districts.
C. "Certificate of Appropriateness" means a certificate issued by the Historic
Preservation Board indicating that a new construction, alteration or demolition
of an historic site or an improvement within an historic district is in accordance
with this chapter.
D. "Certificate to Dig" means a certificate issued by the Historic Preservation
Board allowing for the excavation or fill on a site designated as archeologically
significant.
27.1
E. "Demolition" means the complete or substantial removal or destruction of any
historic site or any structure or improvement located within an historic district.
F. "Evaluation Guidelines" means the standards applicable to alteration, renovation,
new construction for an Historic site or improvement within an Historic district,
which standards will be used as criteria by the Board and its staff in making
decisions on applications for Certificates of Appropriateness.
G. "Exterior" means the front facade of any building and those external surfaces of
any improvement visible from public ways.
H. "Historic District" means two or rnore sites, buildings, structures, landscape
features or other improvements that are concentrated in the same area and have
been designated as a district pursuant to this Section.
I. "Historic Site" means an individual building, structure or other improvement not
exceeding one platted lot which has been designated an Historic site pursuant to
this Section. Interior features or space may be designated an historic site only
where the building or structure containing the interior feature or space has been
designated an historic site.
1. "Improvernent" means 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.
K. "Landscape Feature" means all vegetation, geological features, ground elevation,
bodies of water, or other natural or man -made environmental feature.
L. "Undue Economic Hardship" shall mean an exceptional financial burden upon an
owner that constitutes a taking of the owner's property without just
compensation. The evidence and testimony needed to establish an "Undue
Economic Hardship" shall be specified in regulations to be established in
accordance with Section 27 -4(B) below.
27 -3 Scope and Exemptions
A. Scope
Unless expressly exempted by Sub - Section 27 -3(B) herein, no permits for new
construction, demolition, alteration, repair, signage or any other physical
modification of an individual archeological or historic site or of a property
within a district designated as historically, architecturally, or archeologically
significant may be issued by the City without the prior issuance of a Certificate
of Appropriateness or Certificate to Dig in accordance with the procedures
specified in this Section.
B. Exemptions
The following permits are exempt from the regulations of this Section:
1. All permits for plumbing, heating, air conditioning, elevators, fire alarms
27.2
and extinguishing equipment, and all other mechanical and electrical
equipment not involving exterior facade changes or construction visible
from public right -of -way.
2. Any permit necessary for the compliance with a lawful order of the Code
Enforcement Director, Fire Marshall, or Public Works Director including
any permit necessary for the immediate public health or safety.
3. Any permit issued for an existing structure in a designated historic district
which has been specifically excluded from the District pursuant to Sub -
Section 27 -5(B) (3).
27 -4 Historic Preservation Board
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 Miami Beach'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.
A. Powers and Duties
The Board shall:
1. Recommend to the Planning Board and City Commission the designation of
historically, architecturally or archeologically significant sites and
districts;
2. Prepare and recommend for adoption specific guidelines for each
designated site or district, to be used to evaluate the appropriateness and
compatibility or proposed alteration or development within designated sites
or district;
3. Issue or deny Certificates of Appropriateness and Certificates to Dig in
accordance with procedures specified in this Section.
4. Proinote the preservation of historic properties by granting special
incentives to property- owners in accordance with law including, but not
limited to, transfer of development rights, floor area bonuses, special use
exceptions, and by administering financial assistance, loans and grants.
5. Vary, waive, or supersede other sections of the Zoning Ordinance when
appropriate as a means of encouraging renovation and /or compatible new
construction. When appropriate to accomplish the purposes and goals of
this section, the Board shall have the power to waive and supercede the
requirements and restrictions of other sections of the Zoning and Building
Codes.
6. Facilitate the redevelopment of historic sites and districts by directing the
27.3
Department of Planning to provide advisory and technical assistance to
property owners, applicants for Certificates of Appropriateness, and other
City departments.
7. The Board shall make and prescribe such rules and regulations reasonably
necessary and appropriate for the proper administration and enforcement
of the provisions of this chapter. Such rules and regulations shall conform
to the provisions of this Section and shall not conflict with the Constitution
and general laws of the State of Florida, and shall govern and control
procedures, hearings and actions of the Board. No such rules and
regulations shall become effective until a public hearing has been held upon
the proposed rules and regulations, and any amendments or modifications
thereto, and the same have been approved by the City Commission and
filed with the Clerk of the Commission. Upon approval by the Commission,
such rules and regulations shall have the force and effect of law. The
Board shall prescribe forms for use by applicants in compliance with the
provisions of this Section. The Board may authorize any one of its
members to administer oaths and certify to official acts.
B. Membership
The Historic Preservation Board shall be composed of thirteen (13) members.
There shall be one architect and one landscape architect, both registered in the
State of Florida; one builder, developer or general contractor with considerable
construction experience on Miami Beach; one historic preservationist or historian
qualified by education and practical experience in the rehabilitation of historic
structures; five members as follows: a registered real estate broker; a hotel
owner; an apartment building owner; an owner of a commercial property in the
City, and a person holding an executive position in a Miami Beach lending
institution; and four (4) additional members -at- large.
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
preservation.
C. Appointment
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 he considered by the City Manager in selecting
Board members:
American Institute of Architects, local chapter
American Society of Landscape Architects, local chapter
Miami Design Preservation League
27.4
Miami Beach Developer's Council
Miami Beach Chamber of Commerce
Miami Beach Jaycees
Miami Beach Visitors and Convention Bureau
Miami Beach Development Corporation
Miami Beach Resort Hotel Association
Miami Beach Apartment Association
Any person of any other organization representing the interests of the
professions or industries listed in the membership categories in
Section 27 -4(B).
The term of service on the Historic Preservation Board shall be two (2) years. In
order to provide continuity, the members of the first Board appointed under this
Section shall be appointed as follows: the architect, the landscape architect, the
builder, developer or general contractor, and the historic preservationist or
historian shall be appointed for a two -year term and the remaining nine (9)
members shall each be appointed for one -year terms. Thereafter, every member
appointed shall serve a term of two years.
Removal
Removal shall be by the City Manager and approved by a majority vote of the
City Commission. No member may be involuntarily removed from office except
upon a finding of good cause by the City Commission.
F. Quorum
A quorum shall be seven (7) members of the Board.
G. Meetings
The Historic Preservation Board shall meet at least once a month or more often
at the call of the Chairperson, 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 regulations adopted by the Board.
H. Organization
1. The Chairperson and Vice Chairperson shall be elected from the members
of the Board by a majority vote.
2. The Department of Planning shall provide the necessary staff to assist the
Board in the performance of its duties.
27.5
t. Voting
A member of the Board may not vote on the designation of an individual site or
any Certificate of Appropriateness if it involves or affects the members' own
property or property owned by members of his or her family. All other state,
county and municipal laws governing the ethical conduct of public officials shall
apply to members of the Board.
27 -5 Designation of HP Districts
A. Criteria for Designation
1. The designation of any individual site or district as historically,
architecturally or archeologically significant requires that the following
qualification criteria be met:
a. Listing on the National Register of Historic Places. This requirement
may be waived at the owner or owners' request.
b. Before any property may be designated historically, architecturally
or archeologically significant, the owner or owners of such property,
or a rnajority of the owners of properties within the district in the
case of an Historic Preservation District, shall consent, in writing, to
such designation.
2. The following additional criteria must also be considered:
a. The quality of significance in American history, architecture,
archeology, and culture is present in districts, site, buildings,
structures, and objects of State and local importance that possess
integrity of location, design, setting, materials, workmanship and
association, and
1. That are associated with events that have made a significant
contribution to the broad patterns of our history; or
2. That are associated with the lives of persons significant in our
past; or
3. That embody the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a
master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may
lack individual distinction; or
4. That have yielded, or are likely to yield information important
in prehistory or history.
B. Designation Procedure
1. Proposals
27.6
Proposals for designation of individual sites or districts may be made to the
Historic Preservation Board by one of its members, the Board staff, the
City Manager, a member of the Miami Beach Planning Board or City
Commission, by any property owner with respect to his own property.
2. Preliminary Evaluation
The Board shall conduct a preliminary evaluation of the designation
proposal in order to determine general conformance with the criteria set
forth in Section 27 -5 and the relationship of the proposal to the Board's
objectives. After considering the staff's recommendation, the Board may
direct the preparation of a designation report.
3. Designation Report
The designation report shall describe the historic, architectural or
archeological significance of the property proposed for site or district
designation, recommend evaluation guidelines to be used by the Board to
evaluate the appropriateness and compatibility of proposed developments
affecting a designated site or district, and, if applicable, provide a list of
non - conforming structures which shall be excluded from the proposed
district. The designation report shall be delivered to the Board at a
regularly- scheduled meeting.
4. Public Hearing - Notification
A public hearing on a proposed designation shall be conducted by the
Historic Preservation Board within thirty (30) days from the date a
designation report has been filed. All property owners of record within the
proposed designation area shall be notified by mail of the public hearing at
least ten (10) days in advance of the hearing.
5. Recommendation
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 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 in this Section, no further Board action shall be
required.
C. HP District Designation
1. Following a favorable recommendation by the Historic Preservation Board,
the proposed designation shall be transmitted to the Miami Beach Planning
Board to be processed as a change of zoning in accordance with the
procedures specified in Section 16 -1 of the Zoning Ordinance.
2. The ordinance adopting a proposed designation shall contain or reference
the specific evaluation guidelines for the site or district.
27.7
3. All historically, architecturally, or archeologically significant sites and
districts shall be delineated on the City's zoning map.
4. The provisions of this Section shall be in addition to the provisions and
regulations of the existing zoning districts; this Section shall supersede any
conflicting provisions of the Zoning Ordinance.
27 -6 Certificate of Appropriateness /Certificate to Dig
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 exempt pursuant to Section 27 -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 archeologically significant
pursuant to the provisons of this Section. The procedure to obtain a Certificate to Dig
shall be the same as indicated below for a Certificate of Appropriateness.
A. Application
1. An application for a Certificate of Appropriateness may be filed with the
Board at the same time or in advance of the submission of an application
for a building permit.
2. The application shall be on a form provided by the Historic Preservation
Board and shall include the following information and such other
information as the Board may determine is needed to allow for a complete
evaluation of the proposed demolition, construction or other physical
improvement, alteration or modification.
a. A written description of the proposed action;
b. A site plan as described in Section 14 -3(A) of this Ordinance;
c. An elevation showing proposed changes to all architectural features.
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 their review and consideration within thirty (30)
days after the date of receipt of a completed application.
a. At least ten (10) days prior to consideration of an application by the
Board, notice of such consideration shall be mailed to the applicant,
and all property owners of record within 375 feet of the subject
property, or in the case of a property with an Historic Preservation
district, to all other property owners within the District.
27.8
b. The Board shall approve, deny, approve with conditions or suspend
action on an application for a Certificate of Appropriateness. In any
case, the Board must 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 approval of the applicant and
the Board, the review period may be extended beyond the maximum
ninety (90) days provided for herein.
c. 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.
d. Notwithstanding any other provision or clause within this Section, no
new structure may be constructed within a designated Historic
Preservation District, nor any permit issued for such purposes, until
the Board certifies that the new structure will be architecturally
compatible with the structures within the surrounding district. The
Board shall issue its final decision with respect to compatibility
within sixty (60) days or the application will be deemed automatically
approved. The procedures specified in Section 27 -8 below shall apply
to the Board's decision with respect to compatibility.
2. All other applications for Certificates of Appropriateness involving
exterior structural repairs, and minor physical improvements, or
alterations (as may be more specifically defined by Board regulation) shall
be reviewed by the staff of the Board. The staff shall approve, approve
with conditions, or derby 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.
a. 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 27 -6(B). The Board may concur, modify, or reverse the
staff's decision.
b. 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.
3. The approval of 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.
27.9
C. Decisions on Certificates of Appropriateness /Certificates to Dig
1. 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 to the adopted evaluation guidelines for
the applicable designated site or district.
2. Where, by reason by particular site conditions and restraints or because of
unusual circumstances applicable to a particular applicant, strict
enforcement of the provisions of this Section would result in an undue
economic hardship to the applicant, the Board shall have the power to vary
or modify the provisions in this Section, including adherence to the adopted
Evaluation Guidelines. The Board shall adopt administrative rules to
specify the standard for demonstrating undue economic hardship.
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 Code Enforcement Director. The applicant
shall receive a copy of the Certificate of Appropriateness.
4. The Board may for a period of up to six (6) months deny, or impose
conditions for approval on, an application for a Certificate of
Appropriateness for demolition, replacement, alterations or improvements
to a designated structure. The length of the denial period shall be
determined by the Board based upon the relative significance of the
structure, the applicable evaluation guidelines of the designated site or
district, and the probable time required to investigate or arrange for
possible alternatives to demolition.
5. A decision on an application for a Certificate to Dig may include specific
guidelines and procedures to he followed in excavation of the site.
27 -7 Special Provisions
A. The Historic Preservation Board shall have the power to waive with or without
conditions the parking, setback, height, use, signage, density and floor area ratio
requirements of the underlying zoning district of those properties designated as
historically, architecturally or archeologically significant. The Board shall have
the specific authority, nothwithstanding any other provisions of the City Code,
to grant owners: (1) a minimum of a 25% increase in maximum floor area ratio;
2) the right to operate lawful commercial establishments on the ground floors of
such properties. The Board shall only grant such rights to property owners who
have agreed to designation of their properties and in conjunction with an
application for a Certificate of Appropriateness establishing that physical
improvements will result in significant historic renovation or preservation.
However, no such decision of the Board shall become final until ratified by the
City Commission.
B. The Historic Preservation Board shall have the authority to grant Certificates
27.10
for Transfer of Development Rights (TDR) to property owners of individual sites
or owners of properties within districts designated as historically,
architecturally, or archeologically significant. The exercise of this authority
shall in accordance with the criteria for Transfer of Development Rights as shall
be enacted by the City Commission.
27 -8 Appeal
Any person affected by a decision of the Board may appeal the Board decision to the
City Commission which shall issue a final determination.
27.11
SECTION 28
ADULT CONGREGATE LIVING FACILIITES
28 -1 Purpose:
A. The purpose of this Section is to provide mandatory requirements and review
criteria to be used in reviewing conditional use applications for Adult
Congregate Living Facilities.
28 -2 Mandatory Requirements
A. Adult Congregate Living Facilities shall be subject to the following mandatory
requirements:
1. For fire safety reasons, these facilities shall be located in structures of no
more than four (4) stories in height.
2. Facilities shall not be located on bayfront or oceanfront properties.
Oceanfront includes property on the west side of Ocean Drive and Ocean
Terrace.
3. Facilities shall not be located along the following tourist or commercially
oriented streets: Ocean Drive, Collins Avenue, Ocean Terrace, Indian
Creek Drive, 41st Street, Lincoln Road and Washington Avenue.
4. ACLF facilities in the City of Miami Beach will not exceed 2,000 residents
subject to review based upon any substantial population characteristic
changes revealed by the next U.S. Census, but in any event said review
shall take place every ten (10) years.
5. Facilities shall not be located in any designated redevelopment area.
28 -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 City
Commission:
1. Smaller scale (6 -16 residents) are encouraged in order to provide a non -
insitutional 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
Comprehensive Plan and all other adopted special area plans.
5. Facilities shall be aestically compatible with the surrounding neighborhood
and adjacent properties.
28.1
6. Facilities should not be encouraged to be located on waterfront properties.
7. Facilities should be encouraged to provide social, recreational, dining, and
landscaping amenities.
8. In order to encourage geographic distribution, facilities should not be
located within 1,500 feet from another facility.
9. Facilities should be compatible with the elderly population characteristics
of its surrouding neighborhood.
SECTION 29
LIQUOR CONTROL REGULATIONS
29 -1 GENERAL PROVISIONS
A. Purpose
To achieve the purposes of this Ordinance and of Chapter 18, Intoxicating
Liquors, of the Miami Beach City Code, and provide 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 /or
consumption of alcoholic beverages.
B. Licenses
No vendor shall sell or distribute any alcoholic beverages without securing an
occupational license from the City and a license from the State Beverage
Department. Prior to receiving a City of Miami Beach occupational license, the
locations must be approved as to zoning pursuant to the provisions of this
Ordinance.
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
use. Vendors having a license from the State Beverage Department 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 of the week.
2. Retail stores, either as permitted main or accessory uses, who 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, night clubs, cabarets either as permitted main or
accessory uses shall only offer for sale the on- premise consumption of
alcoholic beverage 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.
4. Private Clubs, either as a permitted main or accessory use, shall only offer
for sale the consumption of alcoholic beverages within the hours of
8:00 a.m. and 8:00 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 electing to remain open after 2:00 a.m. shall
purchase an extra hours license and any private club electing to remain
29.1
open after 5:00 a.m. must provide for security in its premises by hiring
private security guards or off -duty policemen between the hours of 5:00
a.m. and 8:00 a.m. each day. Further, such private clubs shall not admit
members to its premises between the hours of 7:00 a.m. and 8:00 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.
D. Locational and Use Restrictions
1. Public Worship and Educational Facilities - No alcoholic beverage shall be
sold within 300 feet from any property used for public worship purposes,
public school or private school property operated for the instruction of
minors in the common branches of learning, including religious instruction,
except for the following:
a. For purposes of this Section, restaurants, carbarets, night clubs, and
outdoor cafes, if a permitted use in the applicable district, shall only
be considered under the regulations set forth for variances.
b. Uses in the Civic and Convention Center (CCC) District and Hospital
RH) District
2. The minimum distance separation between retail stores as permitted main
uses and which primarily sell alcoholic beverages for consumption off the
premises shall be 300 feet.
3. Sales in filling stations and motion picture theatre - no alcoholic
beverages shall be sold in any filling station, motion picture theatre or any
room opening directly or indirectly or in connection with any motion
picture theatre.
4. 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.
5. All sales of alcoholic beverages for consumption off the premises shall be
in a sealed container.
E. Determination of Minimum Distance Separation
1. With the exception of cases involving public worship and education
facilities, the required minimum distance separation shall only apply when
one or more permitted main uses are involved. 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
29.2
which the use associated with alcoholic beverage occurs to the nearest
point of the property used for public worship purpose, public or private
school. In cases where a minimum distance is required between two uses
associated with the alcoholic beverages for consumption on or off the
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 drawn by a
registered land surveyor shall be submitted attesting to the separation of
uses in question. This requirement may be waived upon the written
certification by the Code Enforcement Director that the minimum
distance separation has been met.
29 -2 Permitted Districts and Standards
A. Permitted Districts. Vendors shall be permitted to sell or distribute alcoholic
beverages, either for consumption on or off the premises in the following zoning
districts:
1. C -1 Neighborhood Business District
2. C -2 General Office District
3. C -3 Central Business District
4. C -4 Business District
5. C -5 General Business District
6. C -6 Intensive Commercial district
7. RM -100 Multiple Family Medium High Density District
8. RM -125 Multiple Family High Density District
9. MR Marine Recreation District
10. MU Municipal Use District
11. HM Hotel Motel District
12. CCC Convention Center District
13. RH Hospital District
14. South Pointe Performance Standards Districts
B. Permitted Main and Accessory Uses - Vendors shall be permitted to sell alcoholic
beverages within the zoning districts listed in Section 29 -2A, if said district
permits as a permitted main use or accessory use one of the following:
restaurant, bar, nightclub, outdoor cafe, cabaret, private club, or golf clubhouse
pursuant to the following standards:
29.3
1. Permitted Main Use:
a. Restaurants, night clubs, bars, cabarets, and private clubs shall be
permitted to sell alcoholic beverages for consumption on the
premises based upon the following; when beer and wine is served a
minimum of thirty (30) seats shall be provided; and when, beer,
wine and liquor is served, a minimum of sixty (60) seats shall be
provided.
b. Outdoor cafes, when visible from or fronting on a public street,
shall have a minimum of twenty (20) seats and be permitted to sell
only beer and wine for consumption on the premises. The
establishment of outdoor cafes under this section shall be pursuant
to Section 7 -1, Conditional Uses.
c. 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.
d. Golf Clubhouse - When located on a golf course, the sale of
alcoholic beverages is permitted only for consumption on the
premises.
2. Accessory Use: Hotel, Hotel- apartments, or apartments, or any mixed
use having a minimum of one hundred (100) dwelling units or a minimum
of one hundred (100) sleeping units shall be permitted to have accessory
uses which sell alcoholic beverages pursuant to the following minimum
standards:
a. Restaurants, night clubs, bars, cabarets, or private clubs shall have
a minimum of forty (40) seats and be permitted to sell alcoholic
beverages. Sales for consumption of the premises is permitted.
b. Outdoor cafes when visible from a public street shall have a
minimum of twenty (20) seats and be permitted to sell beer and
wine for consumption only on the premises. The establishment of
the outdoor cafe shall be pursuant to Section 7 -1, Conditional Uses.
c. Outdoor cafes when not visable 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.
d. Golf Clubhouse - When located on a golf course, the sale of
alcoholic beverages is permitted only for consumption on the
premises.
3. Nothing herein shall be construed to restrict sales of alcoholic beverages
in the Theatre of the Performing Arts or in the Civic and Convention
Center District.
29.4
SECTION 30
DUNE OVERLAY REGULATIONS
30 -1 LOCATION. These regulations shall apply to all uses and structures located east
of the established Bulkhead Line, west of the Erosion Control Line and by the
City boundary line to the north and south.
30 -2 PURPOSE. These regulations are designed to accommodate and promote
recreational, open space and related uses between the established Bulkhead Line
and the Erosion Control Line. Detailed review of all use 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.
30 -3 COMPLIANCE WITH REGULATIONS
A. As specified in Section 24, Design Review Regulations applications for a
building permit shall be reviewed and approved by the Design Review
Board.
B. All applications for an Occupational License, including new, renewal or
change of license, shall be reviewed and approved by the Oceanfront
Management Review Board (Section 30 -6).
C. 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 statutes.
30 -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, 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 the Public Works
Department and applicable regulations of the County, State, and Federal
agencies.
30.1
D. Promenade linkage shall be constructed of wood materials and shall
conform to the design specifications established in the Beachfront Park and
Promenade. Sites having less than three hundred (300) linear feet of
oceanfront frontage shall be limited to one (1) dune crossing and /or
promenade linkage. 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 (100) linear feet of frontage or part thereof.
In no instance, however, shall the total aggregate number of crossings and
linkages exceed four (4) sites.
E. Portable beach furniture such as chaise lounges, chairs, and umbrellas. In
no instance shall said furniture be stored east of the bulkhead line.
F. Walkways and ramps constructed of wood materials and are not more than
six (6) feet in width.
G. Landscaping conforming to the specifications of the Beachfront Park and
Promenade.
H. Sidewalk cafes shall only be permitted when directly associated with an
adjoining upland hotel or apartment -hotel having a minimum of one
hundred (100) sleeping units. No other commercial use shall be permitted.
30 -5 DEVELOPMENT REGULATIONS
A. Minimum Open Space Requirements: At least eighty (80) percent of the
site shall remain open to the sky and landscaped. All areas covered by the
uses permitted above, other than portable beach furniture, shall be
considered in the lot coverage calculation.
B. Maximum Floor Area: No single structure shall have a floor area
exceeding three hundred and fifty (350) square feet.
C. Spacing Of Chickees, Shade Structures And Outdoor Cafes: There shall be
a minimum of twenty five (25) feet from a chickee, shade structure, or
sidewalk cafe to another such structure. Distance shall be measured from
the closest points of each structure. One structure shall be permitted for
every three hundred (300) feet of oceanfrontage; however, nothing herein
shall prohibit the clustering of structures meeting the minimum twenty
five (25) foot spacing restriction nor prohibit the location of at least one
1) structure per building site.
D. Minimum Lot Area: All applications for a building permit shall provide a
landscape and development plan for the entire site. For purposes of this
Section, the site shall constitute all of the area within the lot lines.
E. Minimum Yards:
1. Zero (0) feet adjacent to any bulkhead line.
2. Fifteen (15) feet adjacent to any side property line, municipal park,
street end, or right -of -way.
30.2
3. Ten (10) feet from the erosion control line when any structure has an
elevation of three (3) feet or less than the elevation of the top of the
dune; plus two and one half (2 1/2) feet; otherwise 15 feet.
F. 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.
G. MAXIMUM BUILDING HEIGHT: One (1) 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.
H. MAXIMUM DENSITY: Zero (0)
30 -6 OCEANFRONT MANAGEMENT REVIEW BOARD. Said Board is hereby created
and impowered to review all applications whether new, renewal or change of
licensee, for an Occupational License and building permit with regard to item
listed in Section 6 -19, L. The Board shall be governed by the following
procedures.
A. Composition - The Board shall be composed of five (5) regular members.
The City's Planning Director and Public Works Director shall serve as ex-
officio members and shall provide written recommendations on all
applications considered by the Board. The City Attorney shall determine if
the application is properly before the Board.
Four (4) members shall be appointed by the City Manager. Each of the
members shall have a principle residence on a lot which abuts the Dune
Overlay Zone or have their primary source of income from employment in
any hotel having 100 or more sleeping units which directly abuts the Dune
Overlay Zone. Two (2) of the four (4) members shall have their principle
residence in a structure abutting the Dune Overlay. The remaining two (2)
of the four (4) members shall have their primary source of income from
employment in any hotel having 100 or more sleeping rooms directly
abutting the Dune Overlay Zone.
The remaining fifth member shall be approved by a majority vote of the
above four (4) members; said member shall be selected from a list
prepared by the City Manager. The fifth member must have a principle
residence in the City of Miami Beach.
B. Term of Office - The term of service on the Board shall be two (2) years.
C. Removal - Removal of members shall be by the City Manager and only for
cause. Failure to attend three (3) consecutive meetings shall be considered
cause for removal.
30.3
D. Quorum and Voting - A quorum shall be four (4) members. A majority vote
of the Board shall determine the Board's findings.
E. Meetings - The Board shall meet within a reasonable time upon receipt of
an application at the call of the Chairperson or the Planning 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. Organization - The Chairperson and Vice - Chairperson shall be elected from
the membership of the Board by a majority vote. The Department of
Planning shall provide the necessary staff to assist the Board in the
performance of its duties.
G. Conflict of Interest - A member of the Board may not vote on an
application if it involves the members own property or property owned by
members of his or her family or current business associates either
individually or of a company. Any Board member is prohibited from
conducting business with any applicant for as long as the Board member
remains on the Board and one (1) year thereafter. Failure to comply with
this requirement will result in the automatic removal of all approvals
received by the applicant. All other state, county, and municipal laws
governing the ethical conduct of public officials shall appy to members of
the Board.
1. During the review and consideration of any application, approval of
said application shall not be unreasonably withheld.
2. In order to deny an application, the Board shall provide cause for said
denial.
H. Clarification Hearing - Should a question arise as to compliance with the
conditions as outlined by the Board, a clarification hearing before the
Board may be called by any City department, the applicant, or any
aggrieved party.
Fees - In order to defray the costs of administering the application process,
the Board shall assess a $50.00 fee. If a deferment or clarification hearing
is requested by the applicant, one -half of the application fee shall be
assessed. If a deferment or clarification of conditions are requested by the
Board, there will be no additional fee. If the applicant removes his file
from the agenda after it has been accepted by the Planning Department,
the City shall retain 50%o of the application fee.
J. Appeal - The applicant or any City Department having jurisdiction may
appeal a decision regarding any or all revisions and /or modifications to the
Planning Board. The appeal shall be in writing and submitted to the
Planning Director who shall place the request on the Planning Board
Agenda. In order for the Planning Board to reverse a decision or condition
of the Oceanfront Management Review Board, an appealing party shall
30.4
receive a minimum of seven (7) votes in their favor. An appeal from the
Planning Board shall be submitted to the court of appropriate jurisdiction.
K. Management Plan. Said Plan shall be submitted to the Management
Review Board as part of the application for use approval. The plan at a
minimum shall include the background of the operator, proposed use and
management procedures that will govern the operation of the use, garbage
collection, hours of operation and maintenance plans to insure the site and
structures shall be professionally maintained throughout the life of the use
of the structure, whether active or inactive. The Board may require
additional requirements all of which shall be required as part of the
issuance of an Occupational License.
30.5
SECTION 31
PARKING OVERLAY REGULATIONS
31 -1 GENERAL PROVISIONS
A. Purpose
1. To provide parking facilities in proximity to commercial, multiple
family and municipal uses in such a manner as to be compatible with
surrounding uses and the underlying zoning district.
B. Uses Permitted
1. At -grade parking lots, commercial or non - commercial.
2. Parking garages, commercial or non - commercial; however, in no
instance shall these facilities be located in a single family district.
3. Accessory structures customarily associated with uses permitted in
this section.
31 -2 FILING REQUIREMENTS
A. Petitioners for a Parking Overlay District shall file an application with the
Planning Department in accordance with the following procedures:
1. In order to designate a district, the applicant shall follow the
procedures set forth in Section 16 Changes and Amendments.
2. Notwithstanding Section 16 -2, A, the minimum lot frontage shall not
be less than 100 feet.
B. Petitioners for a Parking Overlay Zone shall file an application with the
Planning Department in accordance with the following procedures:
1. Applications for at -grade parking lots shall meet the requirements as
set forth in Section 7 -1 Conditional Uses and Section 14 -3 Site Plan.
2. Applications for parking garages shall meet the requirements set
forth above and in Section 24 Design Review Regulations.
3. All plans submitted in support of a building permit application shall
substantially conform with plans submitted pursuant to above
procedures.
C. Listing of Parking Overlay Zone
1. Lots 12 -13, Block 15, Orchard Subdivision If's 2 -3; 428 -440 W. 40th
Street.
31.1
31 -3 DEVELOPMENT REGULATIONS
A. Compability. As part of the Site Plan or Design Plan Review Process, each
project shall demonstrate a compatibility with neighboring uses. The
project shall be designed to enhance the character of the neighborhood and
adjoining properties.
B. Parking Standards. Shall meet the requirements of Section 9 of this
Ordinance.
C. Required Yard. The Planning Department shall determine the minimum
required yards based on the requirements of adjoining districts. The
required yard shall be within 25% of the minimum yard requirement as
established in the adjoining district.
D. Landscaping. All projects shall meet the landscaping requirements as
listed in this Ordinance. Based upon the Standards contained in the City's
Landscape Manual. The Department is authorized to require additional
landscaping in consideration of the site, design of the project, and the
underlying and /or adjacent districts and uses.
E. Compliance with Regulations Required. All regulations contained within
this Ordinance shall be applicable unless specifically addressed in this
Section.
SECTION 32
LANDSCAPE STANDARDS
32 -1 PURPOSE
A. These regulations are designed to result in the placement of landscape materials
in such manner as to improve overall certain highly visible tourist, commercial
and residential areas of the City, to protect and preserve landscape features, and
to enhance the value of property.
32 -2 SCOPE OF REVIEW
A. All elements of landscaping shall be selected for their functional value, aesthetic
appeal and consistency with the City -wide Master Landscape Plan Manual as
maintained by the Planning Department. Landscape plans shall be in 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. separation of noncompatible uses or obtrusive elements;
5. amelioration of the impact of noise and light;
6. integration of any structures with adjacent body of water; and
7. preservation and protection of existing plant materials and energy
conservation.
32 -3 APPLICABILITY AND EXEMPTIONS
A. Applicability. All building permits for new construction or additions to existing
buildings when located in areas designated for design review pursuant to Section
24 -3A, shall be subject to Landscape Plan Review. These standards shall apply
to landscape review conducted under the Conditional Use Process or any
approval by the Planning Board or Board of Adjustment, or City Commission.
Such review shall include but not be limited to parking decks, all required yards,
decks associated with recreation facilities, or any open space areas that are
visible to the public.
B. Permits for demolition or wrecking shall require a landscape survey to insure
that valuable existing trees are not damaged or destroyed; however, this
requirement may be waived by the Planning Director. In the event a survey is
waived, the applicant shall provide a detailed landscape narrative.
C. Exemptions. Exemptions to these regulations include all the following provided
no new construction and /or additions to existing buildings are required:
32.1
1. All permits for plumbing, heating, air conditioning, elevators, fire alarms,
and extinguishing equipment, and other mechanical and electrical
equipment.
2. Any permit necessary for the compliance with a lawful order of the
Building Official, Fire Marshall, or Public Works Director including:
a. Any permit necessary for the immediate public health or safety.
b. All permits for interior alterations and repairs.
32 -4 ELEMENTS OF THE LANDSCAPE PLAN
A. Landscape elements shall include but not be limited to:
1. palms and trees;
2. shrubs, ground cover and lawn areas;
3. walls and wood fencing;
4. any non - living durable material commonly used in landscaping but not
limited to rocks, pebbles or sand;
5. sculptures and water features;
6. outdoor furniture such as benches and outdoor lighting; and
7. paving materials such as concete pavers, wood decking, and unit pavers.
32 -5 LANDSCAPE PLAN SUBMISSION
A. Prior to the issuance of a building permit, the Planning Department shall approve
a preliminary landscape plan. During the course of construction, the Planning
Department shall approve a final landscape plan that is in substantial
conformance with the preliminary plan. The final plan shall at a minimum
include the following:
1. location of all existing vegetation by name and size, trees to remain, to be
relocated either on or off site, or to be removed;
2. location of all proposed landscape elements including botanical names,
common names, quantities, height, spread, spacing and grades;
3. all paving materials;
4. all site furnishings, such as benches, and planters;
5. mulching, fertilizing, staking, planting bed preparation; and
6. note the existence of irrigation system, if required.
32.2
Prior to the issuance of a Certificate of Completion, Occupational License, or
Certificate of Occupancy, the Planning Department shall review and approve the
installed landscaping.
32 -6 MINIMUM LANDSCAPE STANDARDS
When the site is located in an area designated for Landscape review, the following
shall apply:
A. All districts except C -6
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 and shall have a clearly defined edge between paving and
landscaped easement.
Planting of trees in the right -of -way shall be consistent with the City -wide
Master Landscape Plan. Any plantings located in the right -of -way
including but not limited to trees, shrubs, ground cover, and sod shall be
maintained by the abutting property owner and approved by the Planning
Department.
2. Hedges or other living barriers
a. Required front yards.
1- ledges, 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 seven (7) feet in height. Hedges installed
along the interior side or rear boundary between a residential district
and a commercial district may obtain a maximum height of ten (10)
feet.
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.
32.3
B. At Grade Parking Lots
For the purpose of this section, the term "at grade" parking lot shall encompass
automobile and commercial parking lots as described in Section 3 -2 of the
Ordinance. Notwithstanding the requirements in this section in no instance shall
the required landscaped area be less than 20% of the total area.
1. Required landscaping adjacent to the public right -of -way shall be
landscaped as follows:
Landscaping to include one tree or grouping of three (3) palms for each
forty (40) 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 of at least three and one half (3Y2) feet in height 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.
Planting of trees in the right -of -way shall be consistent with the City -wide
Master Landscape Plan. Any plantings located in the right -of -way
including, but not limited to, trees, shrubs, ground cover, and sod shall be
maintained by the abutting property owner.
Necessary accessways from the street through all such landscaping shall be
permitted to service the parking lot and such accessways may be
subtracted from the linear dimension used to determine the number of
trees required.
2. Perimeter parking adjacent to side and rear property 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 seven (7) feet nor less than three and one half ( 3 1/2)
feet. The height shall be determined by the Planning Department based on
the proximity of the parking area to residential or commercial properties.
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 fifty (50) linear feet of property relating to an
abutting property.
3. Parking Area - Interior 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 five (5) 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 may be located 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 encroachment. 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 9 of
this Ordinance. In no instance shall the landscaped area be included within
the required parking space area.
C. Other Vehicular Use Areas
Landscape requirements of vehicular use areas, such as service stations, are
subject to regulations as stated in Section 32 -6(B). Notwithstanding the
requirements in this section, in no instance shall the required landscaped area be
less than twenty (20) percent of the total area.
D. Parking Garages
Parking garage requirements for landscaping use are subject to regulations as
stated in Section 32 -6(A) of this Ordinance.
E. Landscape Requirements for Deck Areas, Plazas and Roof Areas
Where all or a portion of a deck area, plaza or roof area is used for parking, that
portion used for parking shall be landscaped pursuant to off street parking
regulations set forth in Section 32 -6(B) and as required below:
1. Deck areas, plazas, and roof areas used for parking within the subterranean
level and open to the sky shall have trees planted in planting wells.
Planting wells shall be a minimum of twenty five (25) feet in area with a
minimum dimension of five (5) feet. Required planting wells shall
penetrate the deck, plaza, or roof area to existing grade.
2. Any deck areas, plazas and roof areas excluding balconies and open to the
sky 50 feet or less shall have a minimum of one (1) shade tree or three (3)
palms provided for each seven hundred (700) square feet of such area.
F. Visual Barriers for Swimming Pools
Accessory swimming pools when located in a required front or side 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
32.5
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 8 -1, B -5.
G. Dumpsters shall not be located within any required yard. They shall be within an
enclosed area.
H. Landscape Manual
The selection of landscape materials shall be in substantial compliance with the
City's Landscape Manual. The Planning Department shall maintain the manual
and provide a copy to all applicants requesting approval of a landscape plan
pursuant to this Ordinance. All appeals regarding the interpretation of the
Landscape Manual shall be to the Design Review Board. All other types of
appeals shall be to the Board of Adjustment.
SECTION 33
HOTEL OVERLAY REGULATIONS
33 -1 PURPOSE.
These regulations are designed to encourage the construction of new hotels and
renovation of existing facilities.
33 -2 APPLICABILITY
A. These regulations constitute overlay zoning which is superimposed upon and
supplements the underlying zoning district. When not specifically addressed in
this Section, all other regulations contained within this Ordinance shall apply.
B. These regulations shall only be applicable to sites east of Collins Avenue
between 15th Street and 75th Street and where the underlying zoning district
permits hotels. This area is designated as a Hotel Overlay District.
C. These regulations are only applicable when a developer requests a site be
designated as a Hotel Overlay Zone. Petitioners for a Hotel Overlay Zone shall
file an application with the Planning Department. All plans submitted in
support of the application shall be approved by the Design Review Board
pursuant to Section 24. No building permit shall be issued unless the Board has
approved the Development.
D. Upon the Design Review Board's approval, the site shall be listed below as a
Hotel Overlay Zone:
33 -3 DEVELOPMENT REGULATIONS
A. 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 regulations found in Section 29.
1. Hotel
2. Apartment /Hotel
3. Accessory Uses - a) Entrances and exits for accessory uses in residential
districts shall be controlled by Section 7 -2. The accessory use restrictions
in Section 7 -3, B shall not apply; and, b) accessory use shall be limited to
those that are customarily associated with the operation of a permitted
use; however, accessory uses located between the established Bulkhead
Line and the Erosion Control Line shall be in accordance with Section 30
Dune Overlay Regulations.
13. DWELLING UNIT AND SLEEPING UNIT RATIO. The number of dwelling units
shall not exceed twenty five (25) percent of the total number of sleeping units
provided on the site.
C. DENSITY AND LOT COVERAGE. None.
33.1
D. MINIMUM FLOOR AREA PER UNIT
1. Sleeping Unit
a. Eighty five (85) percent of the total number of sleeping units shall have a
minimum gross floor area of at least three hundred thirty five (335) square
feet.
b. Fifteen (15) percent of the total number of sleeping units shall have a
minimum gross floor area between three hundred (300) and three hundred
thirty five (335) square feet.
c. In no instance shall any sleeping unit have a minimum floor area less than
three hundred (300) square feet.
2. Dwelling Unit
a. The minimum gross floor area of any dwelling unit shall not be less than
seven hundred fifty (750) square feet.
E. REQUIRED PARKING
1. Sleeping Unit - One (1) space per two (2) units. For purposes of this
section, any room having bathroorn facilities and one (1) or more doors to a
corridor shall constitute a sleeping unit. The term bathroom facilities shall
mean a commode, lavatory, and bath, with or without a shower.
2. Dwelling Unit - One and a half (1 1/2) spaces per one unit.
3. Accessory Uses - Except for meeting rooms, conference rooms, ballrooms,
banquet rooms, nite clubs or similar uses, the parking requirement shall be
one half (1/2) of the requirement as listed in Section 9 of this Ordinance.
The requirement for meeting rooms, banquet rooms, conference rooms,
nite clubs or similar uses shall be determined by the maximum occupancy
based on a standard of one (1) person per fifteen (15) square feet of
available floor area for seating. The parking requirement shall then be
calculated as listed in Section 9 -2, A -17.
F. MAXIMUM BUILDING I- HEIGHT - None.
G. MAXIMUM FLOOR AREA RATIO
1. Residential Sites
4.0 for sites having less than three hundred fifty (350) linear feet of street
frontage or one (1) acre. For each additional one hundred (100) feet of
frontage in excess of three hundred fifty (350) linear feet or fraction
thereof, the maximum permiteed FAR may be increased by 0.75 based upon
the FAR performance standard bonuses as listed in Section 23 -6 A and B;
however, in no instance shall the maximum permitted FAR exceed 6.0. For
purposes of this section, only one side of a corner lot shall be counted in
determining the maximum permitted FAR.
33.2
2. Commercial Sites
6.0 for sites having less than three hundred fifty (350) linear feet of street
frontage or one acre. For each additional one hundred (100) feet of
frontage in excess of three hundred fifty (350) linear feet or fraction
thereof, the maximum permitted FAR may be increased by 0.75 based upon
the FAR performance standard bonuses as listed in Section 23 -6 A and B;
however, in no instance shall the maximum permitted FAR exceed 8.0. For
purposes of this section, only one side of a corner lot shall be counted in
determining the maximum permitted FAR.
H. MINIMUM REQUIRED YARDS
1. When a development is located in a residential district, the following
required yards shall apply:
FRONT AND REAR SIDE
As required by the As required by Section 8.
designated MF District
pursuant to Section 8 -3B.
2. When a development is located in a commercial district, the following
required yards shall apply:
FRONT REAR
Subterranean 0 ft. 50 ft. except as listed in Section 8 -6.
Ground 0 ft. 50 ft. except as listed in Section 8 -6.
Pedestal For that portion of the pedestal 50 ft.
above ground level, 2.5 ft.
setback per floor
Tower 15 ft. 75 ft.
INTERIOR SIDE SIDE ADJACENT TO STREET
Subterranean 0 ft. 0 ft.
Ground 10 ft. 10 ft.
Pedestal For that portion of the pedestal For that portion of the pedestal
above ground level, 2.5 ft. above ground level, 2.5 ft.
setback per floor setback per floor
Tower Each interior side yard shall
provide a side yard equal to
50% of the width of the lot,
however, the maximum side yard
setback shall not exceed 75 ft.
33.3
15 ft. setback
3. Supplemental yard regulations are applicable for any development constructed
pursuanted to Section 23.
a. For developments which utilize the FAR bonus provision listed in Section
23 -6, G each required side yard shall be increased by 40% for each 1.0
increase or fraction thereof in the floor area ratio.
b. Accessory structures located in the required 50 foot rear yard setback shall
be pursuant to Section 8 -6A.
c. Any building constructed under this section shall have a zero (0)
subterranean side setback for that portion of the building located below
grade. Any part of the building located at or above grade shall meet the
required setback as listed above.
d. Balconies shall not be permitted to extend into the Required Yard except
when at least 50% of the balcony railing or wall is constructed in an open
and unenclosed manner.
e. Sites having a lot width of 125 ft. or less shall be permitted to have
unenclosed garage ramps extend into the pedestal portion of the interior
side yard setback to a point equal to the interior sideyard setback at
ground level. However, in no instance shall any portion of the ramp be
located within 100 ft. of the front property line. In no instances shall
ramps be permitted in the ground portion of the pedestal or in the tower
interior side yard setback.
COMPLIANCE WITH THE BEACHFRONT PARK AND PROMENADE PROGRAM - The
developer shall construct the Beachfront Park and Promenade Program on property
adjacent to the site, including improvements and landscaping in the area between the
established bulkhead line and the erosion control control line, and to the street -ends
pursuant to the City's specifications. Such improvements shall be included in the
building permit plans and constructed, 1) prior to any use approval, temporary or
otherwise including the issuance of a Certificate of Occupancy and /or Completion; or
2) at a subsequent request by the Planning Department. As determined by the
Planning Department, the latter procedure shall only be applicable if the expansion of
the existing promenade is not anticipated during the course of construction of the
development and upon the posting of a Performance Bond, letter of credit or similar
instrument which insures the construction of the Promenade Program. The
Performance Bond, letter of credit, or the similar instrument shall be recorded in the
Circuit Court prior to the issuance of a Building Permit.