1891 Zoning Ordinance (1971 Color)11
OFFic,t 1„ Copki
ZONING ORD I N C E
-0I
PREPARED BY
CITY OF
MIAMI BEACH, FLORIDA
1
1
1
MIAMI
BEACH
DEPARTMENT
OF
PLANNING
AND
ZON I N G
ZONING ORDINANCE
NO. 1891
CITY OF MIAMI
JAY DERMER, mayor
BEACH
LEONARD O. WEINSTEIN, vice -mayor
councilmen
ROBERT S. GOODMAN
JEROME G. GREENE
HERBERT MAGNES
D. LEE POWELL
HAROLD ROSEN
EFFECTIVE OCTOBER 13, 1971
PASSED AND ADOPTED t.
September, 1971
ATTEST:
1st day of
ermer, Mayor
Ruth B. Rouleau, City Clerk
1st reading
2nd reading
3rd reading
POSTED -
August 19
August 19
September
September
, 1971
, 1971
1, 1971
3, 1971
ZONING ORDINANCE
MIAMI BEACH, 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
SECTION 4. ZONING DISTRICTS
4-1 Districts Established
4-2 District Map
4-3 Interpretation of
District Boundaries
4.1
4.1
4.1
4.1
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 5.2
5-4 Building Under Construction 5.2
5-5 Outstanding Permits 5.2
5-6 Tractor -Trailer, Trailer,
Portable Dwelling Units 5.2
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 PUD Planned Unit Development
Residential District 6.3
6-4 RM -60 Multiple -Family
Medium Density District 6.4
6-5 RM -100 Multiple -Family
Medium High Density District 6.6
6-6 RM -125 Multiple -Family
High Density District 6.7
6-7 C-1 Neighborhood Business District 6.9
6-8 C-2 General Office District 6.11
6-9 C-3 Central Business District 6.12
6-10 C-4 Business District 6.15
6-11 C-5 General Business District 6.16
6-12 C-6 Intensive Commercial District 6.18
6-13 RH Hospital District 6.20
6-14 MR Marine Recreational District 6.21
6-15 MU Municipal Use District 6.22
Page
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 7.6
SECTION 8. SUPPLEMENTARY YARD, AREA, HEIGHT
AND BULK REGULATIONS 8.1
8-1 Supplementary Yard Regulations 8.1
8-2 Corner Visibility 8.3
8-3 Minimum Yard Regulations for
Multiple -Family 8.3
8-4 Lot Coverage for Multiple -
Family Zoning District 8.6
8-5 Mixed Use - Yard, Area and
Bulk Requirements 8•,7
8-6 Oceanfront Properties -
Minimum Yards 8.7
8-7 Modification of Height Regulations 8.8
8-8 Accessory Boating Facilities 8.8
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 9.5
9-4 Interpretation of Off -Street
Parking Requirements 9.5
9-5 Design Standards 9.6
9-6 Parking in Front Yards. 9.9
SECTION 10. OFF-STREET LOADING
10-1 Off -Street Loading Required
10-2 Interpretation of Off -Street
Loading Requirements
10-3 Design Standards
SECTION 11. SIGNS
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 a Nonconforming Use
12-6 Intermittent or Illegal Use
12-7 Existence of a Nonconforming Use
12-8 Buildings Nonconforming in Height,
Area or Bulk
10. 1
10. 1
10. 1
10. 2
12. 1
12. 1
12.1
12. 1
12. 2
12.2
12. 2
12.2
12. 3
Page
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 Appeals 13.3
SECTION 14. ADMINISTRATION 14.1
14-1 Enforcement 14.1
14-2 Permits and Plot Plans 14.1
14-3 Site Plans 14.2
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 16.2
16-3 Reconsideration of District Boundary
Changes 16.3
16-4 Withdrawal of a Petition 16.3
16-5 Periodic Review 16.3
SECTION 17. VIOLATIONS AND PENALTIES
17-1 Violations and Penalties
17. 1
17.1
SECTION 18. VALIDITY 18.1
18-1 Validity 18.1
SECTION 19. CONFLICTING ORDINANCES REPEALED
19-1 Conflicting Ordinances Repealed
SECTION 20. FORCE AND EFFECT
20-1 Force and Effect
19. 1
19. 1
20. 1
20. 1
SECTION 21. MAPS
21-1 Maps 21.1
21-2 Explanation of Symbols P1 -P12
1
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 METHOD OF
ADMINISTRATION; TO PROVIDE A BOARD OF ADJUSTMENT AND PRESCRIBE ITS
POWERS AND DUTIES, 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 Council 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 pro-
vide 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 require-
ments, 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 Council of
the City of Miami Beach, Florida:
2.1
SECTION 3. DEFINITIONS
3-1 General Rules of Construction.
The following general rules of construction shall apply
to the regulations of this Ordinance:
3-2
The singular number includes the plural
singular, unless the context clearly ind
Words used in the present tense include
tenses, and the future the present.
The word "shall" is mandatory, the word "may" is permissive.
The word "building" or "structure" includes any part thereof,
and the word "building" includes the word "structure."
The word "lot" includes the words "plot" or "parcel" or
"tract."
The words "used" or "occupied" include the words "intended",
"designed" or "arranged" to be used or occupied.
and the plural the
icates the contrary.
the past and future
Words and terms not defined herein shall be interpreted in
accord with their normal dictionary meaning and customary
usage.
Terms Defined.
For the purpose of this Ordinance, certain terms and words
are hereby defined.
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.
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.
AGGREGATE AREA OR WIDTH: The sum of two or more designated
area or widths to be measured, limited, or determined under
these regulations.
ALCOHOLIC BEVERAGE: As defined by section 561.01 (7)
Florida Statutes.
3. 1
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.
APARTMENT: See DWELLING UNIT.
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.
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.
AWNING: A detachable, rooflike cover, supported from
the walls of a building for protection from sun or
weather.
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.
BASEMENT: (See Subterranean)
BOARDING HOUSE: Same as ROOMING HOUSE.
BUILDING WIDTH: The width of the lot left to be built
upon after the required side yards are provided.
BUILDING: Any structure having a roof supported by columns
or walls for the shelter or enclosure of persons or property.
BUILDING OFFICIAL: PUBLIC WORKS DIRECTOR.
BULKHEAD LINE: An official line therefor established by
the City of Miami Beach and appropriately recorded --
includes HARBOR LINE.
CABANA: An accessory building used as a bathhouse or a
shelter in connection with a swimming pool or a beach.
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.
CLINIC: An establishment where patients are not lodged
overnight, but are admitted for examination and treat by
a group of physicians or dentists practicing medicing
together. The term does not include a place for the
treatment of animals.
3. 2
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.
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.
CLUB, PRIVATE: Buildings and facilities or premises used
or operated by an organization or association for some common
purpose, such as, but not limited to, a fraternal, social,
educational or recreational purpose, but not including clubs
organized primarily for profit or to render a service which
is customarily carried on as a business. Such organizations
and associations shall be incorporated under the Laws of
Florida as a non-profit corporation and such corporation's
major purpose shall not be for the purpose of serving
alcoholic beverages to its members or others.
COMPREHENSIVE PLAN: The Comprehensive Development Plan
of Miami Beach, Florida.
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.
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.
DENSITY: For purposes of this Ordinance density refers
to the total number of Dwelling Units and/or Sleeping
Units per gross acre of land.
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.
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.
DWELLING, SINGLE-FAMILY: A building designed for or
occupied exclusively by one family.
DWELLING, MULTIPLE FAMILY: A building designed for or
occupied by three or more families.
DWELLING, TWO-FAMILY (DUPLEX) A building designed for or
occupied exclusively by two families.
DWELLING, SINGLE-FAMILY DETACHED: A single-family dwelling
surrounded by yards or other open spaces on the same lot.
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.
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.
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.
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.
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.
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 centerline
of walls separating two attached buildings. Floor area
includes space used for:
(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) Interior halls, balconies or interior
mezzanines.
(f) Enclosed porches.
(g) Accessory buildings.
(h) 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.
(i) 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 and exterior balconies.
(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 equipment rooms located above main roof deck.
FLOOR AREA RATIO: The floor area of the building or buildings
on any lot divided by the area of the lot.
0
0
100% Coverage
(13
0
0
r -I4-1
0 floors
v
fr
50% Coverage
FLOOR AREA RATIO
Each example illustrated above
has a floor area ratio of 1.0
3. 5
10% Coverage
GARAGE, COMMUNITY: A building or part thereof, used for
indoor parking of private passenger vehicles for use of
residents in the vicinity.
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.
GRADE: The average level of the finished surface of the
ground for buildings more than five feet from a street line.
For buildings closer than five feet to a street line, the
grade is the sidewalk elevation at the center of the building.
If there is more than one street, an average sidewalk elevation
shall be used. If there is no sidewalk, the Department of
Public Works shall establish the sidewalk grade.
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.
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 des-
cribed herein is utilized, the ground level area shall be
that portion of a building or structure above the sub-
terranean level area and equal to or less than 20 feet in
height above the sidewalk elevation.
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 occu-
pants of the premises, such quarters having no kitchen
facilities or separate utility meters and not rented or
otherwise used as a separate dwelling.
HEIGHT OF BUILDING: The vertical distance from the grade
to (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.
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.
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 facili-
ties are for the accommodation of a single aircraft.
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 re-
fueling, maintenance, or repair facilities, in which
tie -down facilities alone are available and are for the
accommodation of a single aircraft, regardless of owner-
ship or control, and which area is open to use by any
helicopter or other aircraft capable of hovering.
HOMES, NURSING AND CONVALESCENT or EXTENDED CARE: Under
this Ordinance, Nursing Homes and Convalescent Homes or
Extended Care Facilities are hospital -related facilities
(see HOSPITAL) and shall be developed only as a subordinate
use adjacent to a hospital. Such facilities are further
defined and are distinguished as follows:
(a) Nursing Home is a 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.
(b) Convalescent Home or Extended Care Facility is a
facility for the care of persons recovering from
illness or surgery who do not need the intensive
care of the general hospital but are not yet well
enough to go home.
HOSPITAL: A building or group of buildings, 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.
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.
HOUSEBOAT: A watercraft used or designed for use as a
dwelling, office or business enterprise, the use and
mooring of which is regulated by Chapter 7, The Code
of the City of Miami Beach, Florida.
3. 7
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 filled. Required
off-street loading space is not to be included as off-street
parking space in computation of required off-street parking
space.
LOT: A parcel of land considered as a unit occupied or
capable of being occupied by a use permitted in this
Ordinance under the regulations contained in this Ordinance
and having frontage upon a street or upon an officially
approved place.
LOT AREA: The total horizontal area within the lot lines of
the lot.
LOT, CORNER: A lot abutting upon two or more streets at
their inter -section.
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 open balconies,
awnings and porte-cocheres shall not be included in deter-
mining the building area.
LOT DEPTH: The mean horizontal distance between the front
and rear lot lines.
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 Planning and Zoning
Director.
LOT FRONTAGE: The distance for which the front lot line
and the street line are coincident.
LOT, INTERIOR: A lot, other than a corner lot.
LOT, THROUGH (Double Frontage): Any lot having frontages on
two parallel or approximately parallel streets.
LOT, KEY: An interior lot having its side lot lines
coincident on one or both sides with the rear lot lines of
adjacent lots.
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 line shall be
construed to be a lot line.
3. 8
LOT WIDTH: The horizontal distance between the side lot
lines measured at the required front yard line and parallel
to the front street line.
STRE E T
c ~
V. }
c Lot
J m Width
0
.~.
Key Lot
..
Lot
Linea interior COrnAr
Lot Lot
STREET
Corner inferior
Lot Lot
(Front)
H
W
W
~ Through
N ^
Key Lot
Lot
Corner InteNor
Lot Lot
(Front) (Front) (Front)
ILLUSTRATIONS OF LOT DEFINITIONS
3.9
Lot
Frontage
~ MARINA: A place for docking pleasure boats or providing
services to pleasure boats and the occupants thereof, in-
cluding minor servicing and minor repair to boats while
in the water, sale of fuel and supplies, and provision of
lodging, food, beverages, 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.
MARINE DOCKAGE: Accessory use only - A place for docking
of pleasure boats.
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 con-
struction lot less than seven feet.
MOBILE HOME: See PORTABLE DWELLING UNIT.
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 occupy-
~'"' ing 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.
NIGHT CLUB: A business operated to supply music or enter-
tainment 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.
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 charac-
teristics of the building or structure, other than use
regulations, do not meet the provisions of this Ordinance.
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.
3,10
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 establish-
ments of a similar nature.
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 re-
strictions 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.
PARKING LOT, COMMERCIAL: Any lot upon which space for the
parking of vehicles is provided for or offered to the general
public for compensation.
PARKING SPACE, OFF-STREET: An all-weather surfaced area not
in a street or alley and having an area of not less than 180
square feet, 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 re-
quiring another automobile to be moved.
PEDESTAL: That por tion of a building or structure which is
equal to or less than 45 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 45 feet in
height above the sidewalk elevation.
PLANNING AND ZONING DIRECTOR: The Director of the Department
of Planning and Zoning of the City of Miami Beach, Florida.
PLANNING BOARD: The Planning Commission of the City of
Miami Beach, Florida.
PREMISES: A lot, together with all buildings and structures
thereon.
3.11
RESIDENTIAL DISTRICT: Districts RS-1 through RM-125.
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.
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.
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.
SERVICE STATION: See FILLING STATION.
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.
SIGN AREA: That area within a line including the outer
extremities of all letters, figures, characters, and de-
lineations, 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 back-
ground, 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 com-
putation 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.
SIGN, AWNING: Any sign painted, stamped, perforated or
stitched on an awning, canopy, roller curtain or umbrella.
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 a building, shall be considered a detached sign.
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.
"~' 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:
3.12
(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.
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 re-
volving illuminated sign shall be considered a flashing sign.
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.
SIGN, GENERAL ADVERTISING: Any sign which is not an
accessory sign or which is not specifically limited to a
special purpose by these regulations.
SIGN, ILLUMINATED: Any sign designed to give forth artificial
light ar designed to reflect light from one or more sources
of artificial light erected for the purpose of providing light
for the sign.
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 building code of the City.
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 pro-
jecting sign which extends more than 36 inches above a roof line
or parapet wall shall be designated as a roof sign.
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.
SITE PLAN: A drawing illustrating a proposed development
and prepared in accordance with the specifications of Section 7.
3.13
SLEEPING UNIT: A room, or group of rooms, 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.
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.
STREET: A public thoroughfare which affords the principal
means of access to abutting property.
STREET LINE: The right-of-way line of a street.
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.
STRUCTURE: Anything constructed or erected, the use of
which requires permanent location on the ground or attached
to something having a permanent location on the ground.
Among other things, structures include buildings, walls,
fences, signs and screen enclosures.
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.
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.
TOWER: That portion of a building or structure greater than
45 feet in height.
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 con-
nected to an external sewerage system and constructed in such
a manner so as to permit occupancy thereof for dwelling or
sleeping purposes.
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.
3.14
VARIANCE: A variance is a relaxation of certain regu-
'°"~" lations 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).
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.
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.
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.
YARD, REAR: A yard extending the full width of the lot
between the main building and the rear lot line.
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.
3.15
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 regu-
late 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-60 Multiple-Family Medium Density
RM-100_ Multiple-Family Medium High Density
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-1 Planned Unit Development
PUD-2 Planned Unit Development
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 of the City of Miami Beach, upon adop-
tion. 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. Said map shall be available for public in-
spection in the office of the Planning and Zoning
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
4. 1
designated by that name or letter-number combina-
tion extend throughout the whole area in the muni-
cipality bounded by the district boundary lines
within which such name or symbol is shown or in-
dicated, except as otherwise provided by this
section.
Where uncertainty exists with respect to the bounda-
ries 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
~ or the Atlantic Ocean is the established
bulkhead line or, where there is no estab-
lished bulkhead line, the boundary line is
the mean high water line.
In cases where a boundary line is shown as
being located a specific distance from a
street line or other physical feature, this
distance controls.
3. Where the district boundaries are not other-
wise indicated and where the property has
been or may hereafter be divided into blocks
and lots, the district boundaries will be
construed to be the lot lines, and where
bounded approximately by lot lines, the lot
lines will be construed to be the boundary
of such districts unless the boundaries are
otherwise indicated on the map or by ordinance.
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.
4. 2
'""~` SECTION 5. GENERAL PROVISIONS
5-1 Compliance with Regulati ons 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 be erected, converted, enlarged, re-
constructed, moved, or structurally altered, except in
conformity with the off-street parking and loading
regulations of the district in which the building is
located.
F. No building shall be erected, converted, enlarged,
reconstructed, moved, or structurally altered except
in conformity with the floor area, 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 con-
formity with the established flood criteria applicable
to the site on which the building is to be located.
5-2 Encroachment; Reduction of Lot Area.
A. The minimum yards, parking space, open spaces, includ-
ing lot area per family required by these regulations
for each and every building existing at the time of the
5.1
.. ~ .~,
:'~, ~ .
~, ~ µ
a* ~ ~ _ ~
;~ ~ ~~; y .
~, .
$ l
.~--- ~ passage of these regulat~rons-;or for any building ~ ~ ~ ``' .
hereafter erected.,.shall~°'not be encroached upon" ~~
or considered as requred~~yard or open space fox ':
'~ any other building , except'. as hereinafter provic~~d ,
nor shall any lot area be deduced below the requ~:re= •
. ments of these regulations. ~ ~'~ ',
5-3 Accessory Buildings, Prior Construction of;
i' ;fig, ~.
A. No accessory building shall b~i~constructed upon -'
;~ .~, a lot until the construction o'f the main use `
building has been actually completed or construe- :•~'.
tion of main and accessory buili~ings is concurrent.. ~~~" •~~-
No accessory building shall. be used unless the main, ~ ~-
use building on the lot is also being used. ~ `•~
a fl ~ .. ~ '.
' S-4 Buildin i:Tnder Const ~•
g ruction. '~, F ,~
A. Any building ~or structure.. for which a =lawful build- t ~ •: '~
ing permit: had. been issued , and ;they, construction of ~ ~ •` ~~ "°.
' which has beeni;, started prior to the:~f£ective Date ~ ,/ 'L,
of this -Ord~nar~ce ," may b~ completed `and `used in ac-
~,~ ~ - cordance wit~i 'e plans and speci'£icatians upon which ~~ '~
• said building permit was .granted',.. ~ provid~d• such con- ~_ '.:
;: struction is. ;cos'~leted within one (.1) ~~ear after the
"+~ Effective Date o tis Qrdna'nce. ~~. ~ ~ ~,
x
. 5~5 ° Outstanding Permits. '' ~ •" 4~ .
.. ;~ ~ A~{ ,~v'here ,~,'.at the E~'fe~y7ljc~tive Date of this' ~?rcnance , there , ~t~ -, ;E
,, ~ ~ are outs'tanding•~ea ' d-• }~.uilding gemmits , .'~tithorizing ~ '
,., the, constructionr;o ~. ui~dings , structu`res~., additions '
', = , or alterations , ;`` e'.• se ~ or construction, of which- do `
11~ ~ ~~ nod. ,conform :to t~ Rr ~ cements, of this>,Ordinance , - ~~
~~sucYt` permits- shale' b.~} vo~.d unless actuate. 'c st;x~uction
;Y •'~ v •'"!;wor1~', excluding grading o.r excavating , is s~bstant~,ally ,
~inderway on that dater ~ ~ r ~.• .~
Q: ;;, ~;'
.-` .~; , .
` '~ B, Where , at -the Effect~v~Date of this- Ordinanc~~'~,' there
;are-outstanding valid p~rmits,~authorizing„the,use of
gland or buildings without construction work°., aid where
such use is_ not periri si e. under, 'the terms`~t~of ~+ths,
~`'` Ordnance , ,such permit"°'t sh 11 be , ~~oid unless ~°tY~e, use :i's
1'~y<, in oper'•ation,~ obi r ~ ~ at;' at'e. p
~ ~ , act ~, ~:, °~ ~ ~ ~ ,
o ~; ~ `• 5-6 Tractor- -er,, Tr le ~~'r Dort ~:~ ~ „e1~ ~:~n LinS>tS. ~'"` ~ '~~'
s
... L ! k.
~y~~ ,~ t .A. No tra; ot~trailer, ;t~izck;, s i- Frailer, tr~a.ler: ~ ~'~ •~
~~. ~~~'~=, »`° ~ portab °dws~lling uzi~s;"seal' bejpermtted ~;onM~n A • ',
.,
"~~ . ~~ ,Parcel l~dnd e~ccepf4ff,or pi set of, loading ~n ~~ ~ ~,,
r S
•:,,~'"~~ ~~ ~ ~ ~;°~ l,~adi , ee t wh ~.' ,; r 4 ,~.
,~ .~ ~?. ~ ~?. exe ~rs~°v~ d P~lse~ahere i~ ;t~is~
,~ t '~ Ordinan y ~ +' ~~ • ~ ~
`~ .rr .,r v
~ r ~' 6 r:?~ '-~,# /~'. ~:..~ 6?~ P~. ~+0.7k~ ~~ +E. x X ~. ,~~ `. ~ ti~' r ~ .'t ~. ~ ~~ F „/ ~, ~~cl~ ,,~ ~ ,
N -. 2 ~ ~,'t~ Sew ~ ~. > r'~ e~ ry „- 'Vi ~ ~.,~ .. ~p ~ e ~ ,.
ri'.~t ;:' Iii i~ A~~'yr. 2. k~~~ a °d~ 4'^", ~,~~c t}"{aY .. ;- a ~_
. ~~`~nd 'J!''r • '` ~ 3. ~b ,. ~ kK, F f' ~r, P •~t ,..r ~< ~ '. ~, s `. x ~'~ ~ ~ a ' y .;~ ~ ~+, «° ~. ~,f ,~ .
r'e p.R. ` ~ a, ~ y .,R 4 `' _.' ~ °r ,. 4. ~~Y ~~J~y..~ ~t d~,,,~ °^ , ~ ~ ~.. ~ a H+t,.~« ~. 't'~ .y,~ ,~ y,r +F M x ,1~.:'.
'.~ z y+^ -~, ,° r ..`~ a~ a~~~ Y.: ~ "' e~'~4.,.`~`~"'R... "~:~ ~`;~"., i. , w~C'y'i_. p l,z f` `~ `gin ~'` ~~~ ~ ~ ~'
iY!~, s.: ,. !? ..:n J~ .~°., ~. .+,t'... 2 riM .[•c*~y':~~~i_3.: 'i~,~~~ ~.~.. ~~~'~• ''.. ep lM1 `' R~ ?e ~
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; pro-
vided, however, that nothing herein contained shall
be deemed applicable to gasoline stations, automobile
service stations or repair shops, beach concessions
operated or granted by the City, or newspaper stands,
wherever such uses are otherwise permissible."
5. 3
SECTION 6. SCHEDULE OF DISTRICT REGULATIONS
6-1 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-family residential neigh-
borhoods. 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 follow-
ing uses:
1. Single-family detached dwelling.
2. The following uses may be permitted as a
Conditional Use:
a. Municipally owned and operated recreation
facility, playground, playfield, park and beach.
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: 3Q,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 widths shall be
at least 25% of the lot width, but no side yard
adjacent to a street shall be less than 15 feet
and no interior side yard shall be less than
7.5 feet.
3. Rear: 15% of the lot depth, but not less than
20 feet.
6. 1
F. MAXIMUM BUILDING HEIGHT: 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 follow-
ing uses:
1. Apartment building
2. Group houses
3. One- or two-family dwelling.
4. The following uses may be permitted as a Conditional
Use:
a. Church, synagogue and temple.
b. School, elementary or high, having a curriculum
substantially equivalent to public schools of
comparable grades and having approval of the
State Department of Education.
c. Public and governmental buildings and uses.
d. Public utilities or public service uses,
structures and appurtenances thereto.
e. Temporary use for a period not to exceed 15 days.
f. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
5. Accessory uses for above uses.
C. MINIMUM LOT AREA. 6,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM DENSITY. 14 units per acre.
G. MAXIMUM BUILDING HEIGHT. 30 feet.
6. 2
H. 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.
6-3
3. Apartment building: 750 square feet per dwelling.
PUD Planned Unit Development Residential Districts.
A. DISTRICT PURPOSE. PUD Districts are intended for tran-
sitional areas where there is a need for allowing flexi-
bility 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 develop-
ment 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
recreation 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 PUD
Residential Districts.
B. USES PERMITTED.
1. Single family detached dwelling.
2. The following uses are subject to site plan approval:
a. Two family dwelling
b. Group house
c. Apartment building
d. Accessory uses for above
C. MINIMUM LOT AREA.
1. PUD-1: 7,000 square feet
2. PUD-2: 80,000 square feet
D. MINIMUM LOT WIDTH.
1. PUD-1: 50 feet
2. PUD-2: 200 feet
6. 3
E. MINIMUM YARDS.
1. PUD-1: 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.
2. PUD-2: Front 50 feet, side and rear yard minimums shall
be determined according to the specific site plans but
shall not be less than those specified for MF-10.
F. MAXIMUM HEIGHT. None
G. MINIMUM FLOOR AREA. 800 square feet per dwelling unit.
H. MAXIMUM FLOOR AREA RATIO. 2.0
I. MAXIMUM LOT COVERAGE.
1. PUD-l: 50%
2. PUD-2: 40%
J. MAXIMUM DENSITY.
1. PUD-l: Density is determined by size of the site
as specified below:
LOT AREA 7,500 15,000 22,500 30,000 37,000 OVER
UNIT ACRE 30 35 40 45 50
2. PUD-2: 50 units per acre.
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 accord-
ance with Section 7-l, D, as applied to conditional uses.
6-4 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
6.4
4. Rooming house.
5. Church, synagogue and temple.
6. Community garage.
7. School, elementary or high, having a curriculum
substantially equivalent to public schools of
comparable grades and having approval of the State
Department of Education.
8. The following uses may be permitted as a Conditional
Use:
a. Beach, commercial.
b. Camp, day or boarding.
c. College, junior college, or institution of
higher learning.
d. Day nursery.
e. Automobile Parking Lot, Open or Enclosed,
Non-commercial.
f. Institution, educational or philanthropic,
including museum and art gallery.
g. Marine Dockage.
h. Private club.
i. Public and governmental buildings and uses.
j. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
k. Public utilities or public service uses,
structures and appurtenances.
1. Temporary use for a period not to exceed 15 days.
9. Accessory uses for above uses.
C. MINIMUM LOT AREA. 5000 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 PER UNIT. 400 square feet per unit.
6. 5
H. MAXIMUM FLOOR AREA RATIO. 1.52.
I. MAXIMUM DENSITY. 60 units per acre. Hotels and motels
shall be permitted to increase their density by 40•x6.
6-5 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 PERMITTED. No land, water or structure may be used
in whole or in part, except for one or more of the follow-
ing uses:
1. Apartment building and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two-family dwelling.
5. Church, synagogue and temple.
6. Community garage.
7. School, elementary or high, having a curriculum
substantially equivalent to public schools of
comparable grades and having approval of the
State Department of Education.
8. The following uses may be permitted as a Conditional
Use:
a. Beach, commercial.
b. Bus terminal.
c. Camp, day or boarding.
d. College, junior college, or institution of
higher learning.
e. Day nursery.
f. Automobile Parking Lot, Open or Enclosed,
Non-commercial.
g. Institution, educational or philanthropic,
including museum and art gallery.
h. Marine Dockage.
6.6
i. Private club.
j. Public and governmental buildings and uses.
k. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
1. Public utilities or public service uses,
structures and appurtenances.
m. Temporary use for a period not to exceed 15 days.
9. Accessory uses 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. MINIMUM FLOOR AREA PER UNIT. 400 square feet.
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%.
6-6 RM-125 Multiple Family High 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 uses:
1. Apartment building, apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two-family dwelling.
5. Church, synagogue and temple.
6. Community garage.
7. Night club, without exterior entrances or exits,
accessory to a hotel or motel containing 100, or
more, sleeping units.
6. 7
8. 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.
9. The following uses may be permitted as a Conditional
Use:
a. Beach, commercial.
b. Bus terminal.
c. Camp, day or boarding.
d. College, junior college, or institution of higher
learning.
e. Day nursery.
f. Automobile Parking Lot, Open or Enclosed,
Non-commercial.
g. Institution, educational or philanthropic,
including museum and art gallery.
h. Marine Dockage.
i. Private club.
j. Public and governmental buildings and uses.
k. Publicly owned and operated recreation facility,
playground, playfield, park and beach.
1. Public utilities or public service uses,
structures and appurtenances.
m. Temporary use for a period not to exceed 15 days.
10. Accessory uses for above uses.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARD. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA PER UNIT. 400 square feet.
H. MAXIMUM FLOOR AREA RATIO. 6.
I. MAXIMUM DENSITY. 125 units per acre; hotels and motels
shall be permitted to increase their density by 40/.
6.8
6-7 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.
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. Any use permitted in RM-60 Multiple Family District.
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. Church, synagogue and temple.
9. Garden shop, florist shop, greenhouse, nursery and
landscape office.
10. Office, professional or business.
11. 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 service uses of a
similar character.
12. Post office.
6.9
13. Private club, lodge, fraternity, sorority, meeting
hall, and other private meeting places not operated
for profit.
14. Repair or rental of household appliances, tools,
bicycles, and items of a similar character, pro-
vided all activities, including storage and
display, are conducted entirely within completely
enclosed building.
15. Restaurant, with or without outdoor table service,
but not a drive-in restaurant.
16. Retail stores, provided that all activities, includ-
ing sale, storage and display, are conducted entirely
within completely enclosed building.
17. Drug Store.
18. Theatres.
19. Grocery Stores.
20. The following uses may be permitted as a
Conditional Use:
a. Filling station, but with no lighting fixture
or illuminated sign extending to a height
greater than 15 feet.
b. Undertaking establishment or funeral home.
c. Uses enumerated under Section 7-1,
"Conditional Uses".
21. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. Non-residential uses: None.
2. Residential uses: 5500 square feet.
D. MINIMUM LOT WIDTH.
1. Non-residential uses: None.
2. Residential uses: 50 feet.
E. MINIMUM YARDS.
1. Residential uses: As provided in Section 8.
6.10
2. Non-residential uses:
a. Front: None.
b. Side: 10 feet when abutting a residential
district; otherwise none.
c. Rear: 20 feet when abutting a residential
district; otherwise none.
F. MAXIMUM BUILDING HEIGHT. 40 feet.
G. MINIMUM FLOOR AREA.
1. Non-residential uses: None.
2. Residential uses: Multiple Family dwellings
shall provide a minimum of 400 square feet in
each dwelling unit.
H. MAXIMUM FLOOR AREA RATIO. 2. 0.
I. MAXIMUM DENSITY.
1. Non-residential: None.
~ 2. Residential Uses: 60 units per acre. Hotels
and motels shall be permitted to increase their
density by 40/.
6-8 C-2 General Office District.
A. DISTRICT PURPOSE. This District provides for supporting
commercial activities, serves as a transitional area be-
tween general business 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:
1. Any use permitted in the RM-100 Multiple Family District
those permitted in C-1 Neighborhood Business District
except the following:
a. Conditional Uses.
b. Automatic ice distribution station or other
drive-in automatic vending station.
c. Bicycle store, rental or sales, and bicycle
repair shop.
6.11
2. Clinic.
3. Health or athletic club or studio, bath or massage
parlor.
C. MINIMUM LOT AREA. 6,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS.
1. Non-residential uses:
a. Front: 10 feet, but no point on a building
shall be closer to the centerline of the front
street 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.
2. Residential uses: As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non-residential uses: None.
2. Residential uses: Multiple family dwellings shall
contain a minimum of 400 square feet in each dwelling
unit.
H. 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.
1. Non-residential: None.
2. Residential: 100 units per acre. Hotels and motels
shall be permitted to increase their density by 40•x.
6-9 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.
6.12
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. Any residential use in RM-125 Multiple Family District.
2. Bank, Savings and Loan Associations.
3. Clothing or costumes, new, sales or rental
establishments.
4. Dance or music school, modeling school, or athletic
instruction.
5. Health studio or club, reducing salon, and massage
parlor.
6. Hotel, apartment, apartment hotel.
7. Medical or dental clinic.
8. Offices, business and professional.
9. Personal service uses, conducted entirely within
completely enclosed buildings and including barber
shops, beauty parlors, photographic or artist
studios, photographic developing or printing
establishment, picture framing shop, tailor shop,
travel bureau, ticket office, messenger service,
taxicab office, newsstand, telephone exchange or
telegraphic service stations, and other personal
service uses of a similar character.
10. Radio or television broadcasting station, studio, and
office, but not sending or receiving towers.
11. 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 per cent 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 prepa-
ration and serving of food or beverages is a custo-
-~"" ~ mary incident to the uses or businesses permitted
in or by this Section.
6.13
12. Retail store. Wearing Apparel, Gifts, Jewelry,
Books, Tobaccos, Dry Goods.
13. Theatre and Cinema.
14. Florist.
15. The following uses may be permitted as a Conditional
Use:
a. Uses .not listed above which are similar in
character to one or more permitted uses, and
which would not be inappropriate in this
District.
b. Public and governmental buildings and uses.
c. Publicly owned and operated recreational
facility, playground, playfield, park and beach.
d. Public utilities or public service uses,
structures and appurtenances.
e. Temporary use for a period not to exceed
15 days.
16. 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: As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non-residential uses: None.
2. Residential uses: Multiple family dwellings shall
contain a minimum of 400 square feet in each dwelling
unit.
6.14
H. MAXIMUM FLOOR AREA RATIO. 10.0 plus 2.0 for every 10%
of lot area developed and maintained as permanent open-
space of grade.
I. MAXIMUM DENSITY.
1. Non-residential: None.
2. Residential: 125 units per acre. Hotels and motels
shall be permitted to increase their density by 40%.
6-10 C-4 Business District.
A. DISTRICT PURPOSE. This District is designed to accom-
modate 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 permitted uses:
1. Any use permitted in C-1, C-2 or C-3.
2. Cabaret.
3. Night Club.
4. The following may be permitted as a Conditional Use:
a. Filling Station.
b. Uses not listed above which are similar in
character to one or more permitted uses, and
which would not be inappropriate in this District.
5. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. Non-residential: None.
2. Residential: 7,500.
D. MINIMUM LOT WIDTH.
1.
2.
E. MI
1.
2.
Non-residential:
Residential: 50
NIMUM YARDS.
Non-residential:
district; otherw
Residential: As
None.
feet.
10 feet when abutting a residential
ise none.
provided in Section 8.
6.15
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non-residential: None.
2. Residential: Multiple Family dwellings shall contain
a minimum of 400 square feet in each dwelling unit.
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.
I . DENSITY.
1. Non-residential: None.
2. Residential: 125 units per acre; all hotels and
motels shall be permitted to increase their density
by 40%.
6-11 C-5 General Business District
A. DISTRICT PURPOSE. This is a mixed uses district which
permits high density residential, retail, and light and
heavy service commercial 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 uses:
1. Any use permitted in C-4.
2. Amusement enterprise, including a billiard, 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.
6.16
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 objection-
able 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.
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 instruction of all kinds.
18. Sign painting and fabricating shops and venetian
blind, window shade, or awning shops, custom, includ-
ing repairs, limited to 2,500 square feet of floor
area per establishment.
19. Skating rinks, swimming pools.
20. Storage garages, truck storage within an area enclosed
by a masonry wall.
21. Trade expositions or convention halls with capacity
in each case limited to 2,500 persons.
22. The following uses may be permitted as a conditional
use:
a. Undertaking establishment or funeral home.
23. Accessory uses for above uses.
C. MINIMUM LOT AREA.
1. Non-residential uses: None.
2. Residental use: 5,500 square feet.
6.17
D. MINIMUM LOT WIDTH.
1. Non-residential uses: None.
2. Residential use: 50 feet.
E. MINIMUM YARD.
1. Non-residential uses: 10 feet when adjacent to
any residential district; otherwise none.
2. Residential uses: As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA.
1. Non-residential uses: None.
2. Residential uses: Multiple family dwellings shall
contain a minimum of 400 square feet in each dwell-
ing unit.
H. MAXIMUM FLOOR AREA RATIO. 3. 0.
I. MAXIMUM DENSITY.
1. Non-residential: None.
2. Residential: 100 units per acre.
6-12 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, or whole or in part, except for one or more of
the following uses:
1. Any non-residential use permitted in a C-5 District.
2. Bakery.
3. Blacksmith, gas, steam fitting shop.
4. Boat or yacht storage and repair.
5. Building material storage yard.
6. Cabinet making, carpentry.
6.18
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.
10. Laundry, including self-service laundry.
11. Machine shop.
12. Meat marketing, including fish and live poultry
market.
13. Metal working shop.
14. Motion picture studio.
15. Painting and decorating shop.
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. Uses not listed above, which are similar in
character to one or more permitted uses, and
which would not be inappropriate in the district.
b. Filling Station.
c. Uses enumerated under Section 7-l, "Conditional Uses.
21. Accessory uses for above uses.
C. MINIMUM LOT AREA. None.
D. MINIMUM LOT WIDTH. None.
E. MINIMUM YARD. 20 feet adjacent any residential district;
otherwise none.
F. MAXIMUM BUILDING HEIGHT. 40 feet.
G. MINIMUM FLOOR AREA. None.
H. MAXIMUM FLOOR AREA RATIO. 1. 0.
6.19
6-13 RH Hospital District.
A. DISTRICT PURPOSE. This District is designed
to accommodate hospital facilities.
B. USES PERMITTED.
1. Hospital
2. Accessory Hospital Facilities, consisting
of laundry, central services, educational
and research facilities, recreation faci-
lities, parking structures and lots, staff
offices. All structures and parking faci-,
lities must be subordinate to the main use
and must be an integral part of hospital
operations.
C. MINIMUM YARDS
HOSPITAL
St. Francis
Mt. Sinai
South Shore
Heart Institute
Island View
Front Rear Side
25' 40' 15'
25' 40' 15'
20' 20' 15'
20' 20' 15'
20' 20' 15'
The enlargement of existing RH Hospital Districts
and the establishment of new RH Hospital Districts
with their respective yard setbacks shall be subject
to Council approval.
6.20
6-14 MR Marine Recreational 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 uses:
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, sight-
seeing, pleasure or fishing trips.
3. Yacht clubs.
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 service 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 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, with or without a service bar, refresh-
ment stands, bars, or cabarets but not drive-in
restaurants.
13, The following uses may be permitted as a Conditional Use:
a. Uses not listed above, which are similar in
character to one or more permitted uses,-and
'"'~"' which would not be inappropriate in the district.
b. Uses enumerated under Section 7-1,"Conditional Uses."
6.21
C. MINIMUM LOT AREA, None.
D. MINIMUM LOT WIDTH. None.
6-15
E. MINIMUM YARDS, 20 feet adjacent to any Residential
District; otherwise none.
F. MAXIMUM BUILDING HEIGHT. 30 feet.
G. MINIMUM FLOOR AREA. None,
H. MAXIMUM FLOOR AREA RATIO. None,
I. MAXIMUM LOT COVERAGE, 30/ of the lot may be
covered by structures.
MU Municipal Use District.
A, DISTRICT PURPOSE, Upon ownership of any property
by the City, said property shall automatically
convert to a MU Municipal Use District.
B. USES PERMITTED. The specific use shall be deter-
mined in accordance with the City's Development
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:
1. Publicly owned and operated recreation 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 Development Plan for the
specific area under consideration.
6.22
C. MINIMUM LOT AREA. None.
D. MINIMUM LOT WIDTH. None.
E. MINIMUM YARDS. 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 HEIGHT. None.
G. MINIMUM FLOOR AREA. None.
H. 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.
6.23
SECTION 7. SUPPLEMENTARY USE REGULATIONS
The regulations set forth in this Section qualify or
supplement the District Regulations appearing else-
where in this Ordinance.
7-1 Conditional Uses
A. PURPOSE. The purpose of this Section is to provide for
certain uses which cannot be well adjusted to their en-
vironment in particular locations and full protection
offered to surrounding properties by rigid application
of the District Regulations. These uses are generally
of a public or semi-public character and are essential
and desirable for the general convenience and welfare,
but because of the nature of the use, the importance of
relationship to the Comprehensive Development Plan, and
possible impact on neighboring properties, require the
exercise of planning judgment on location and site plan.
B. CONDITIONAL USES ENUMERATED. The following buildings,
structures, and uses may be approved by the City
Council as conditional uses in certain Districts,
except as otherwise provided, in accordance with the
procedures and standards of this Section, provided
that the public health, safety, morals, and general
welfare will not be adversely affected, that adequate
off-street parking facilities will be provided, and
that necessary safeguards will be provided for the pro-
tection of surroundi ng property, persons, and neighbor-
hood values. Unless otherwise specified in this Section,
or specified as a condition of approval, the height limits,
yard spaces, lot area, and sign requirements shall be the
same as for other uses in the District in which the con-
ditional use is located.
In any District in the City:
1. Municipal buildings and uses.
2. Temporary use for a period not to exceed 15 days.
In any District except an RS-l, RS-2, RS-3, RS-4, RM-14
or C-3 District:
3. Aquarium, commercial.
4. Beaches, commercial.
5. Bus terminals.
7.1
6. Camps, day or boarding.
7. Colleges, junior colleges, or institutions
of higher learning.
8. Day nursery.
9. Institutions, educational or philanthropic,
including museums and art galleries.
10. Marina.
11. Private club.
C. 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 Development Plan, the neighborhood, and
surrounding properties.
D. PROCEDURES - CONDITIONAL USES. Applications for approval
of a conditional use shall be submitted to the Planning
and Zoning Department, which shall review the application
and site plan for sufficiency under the requirements of
these regulations, and forward necessary copies of the
application to the Clerk of the City Council for notation
in the record of Council business. The Clerk shall forward
two copies to the Planning Board for study, for holding of
a public hearing, and for recommendation and report to the
City Council. Within a reasonable time of receipt of the
application, the Planning Board shall hold a public hearing
in relation thereto, at which parties in interest and citi-
zens shall have an opportunity to be heard. At least 15
days' notice of the time and place of such hearing shall
be posted on the property in question in accord with the
requirements of Section 16. Within 30 days of the public
hearing, the Planning Board shall submit a report and
recommendations to the City Council. The' report may con-
tain additional conditions which should be imposed by the
City Council in approving the conditional use. The City
Council may establish additional conditions for an approval
by a simple majority vote, but shall require a vote of five-
sevenths of all members of the Council to overrule a Plan-
ning Board recommendation for disapproval or to eliminate
or substantially change any conditions attached to an
approval by the Planning Board.
7. 2
Approval of a conditional use under this Section
shall be valid for a period of one year after the
date of approval and thereafter shall become null
and void unless construction or use is substantially
underway during said one-year period, or unless an
extension of time is approved by the Planning Board
before the expiration of said one-year period.
Permits issued under a conditional use approval may
be revoked by the Planning and Zoning Director
for failure to comply with conditions of approval or
applicable regulations,
The procedure for amendment of a conditional use
already approved, or a request for a change of
conditions attached to an approval, shall be the
same as for a new application, except that where
the Planning Board determines the change to be a
minor one relative to the original approval, the
Board may transmit the same to the Clerk of the
City Council with the original record without re-
quiring that a new application and site plan be filed.
7-2 Control of Entrances and Exits.
Where these regulations specify that there shall be no
exterior entrances or exits to an 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 ad-
joining 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.
7.3
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 be permitted as an
accessory use provided that it is a use customarily assocated
with the principal use to which it will be accessory, it will
not be out of character with the general area, it will be used
by residents primarily, and it will pose no problem to neighbor-
ing 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, ice, soft drinks, and sundries,
inside a building with 20 or more dwelling
units or guest rooms.
6. A dining room within and operated primarily
for convenience of occupants of a multiple-
family dwelling containing 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.
7.4
B. RM-100 MULTIPLE-FAMILY MEDIUM HIGH DENSITY AND
•''"'' RM-125 MULTIPLE-FAMILY HIGH DENSITY AND HOTEL
AND 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
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 20 or more dwelling
units or guest rooms.
4. Hotels containing 100 or more sleeping units may
have the following service facilities only: ball-
rooms, bars, barber shops, beauty shops, cabarets,
dance studios, dining rooms, laundries, massage
service, newstands, 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 100 or
more units may have the following service facilities:
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. House 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.
6. Accessory off street parking and loading spaces.
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.
7.5
D. INDUSTRIAL.
1. 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.
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 and occupation of the adjacent
premises by reason of the emission or creation of noise, vi-
bration, 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
and associated octave band filter manufactured in
pliance with standards prescribed by the American
Association.
meter
com-
Standards
At no point on a property line or district boundary as
indicated, shall the sound intensity level of any indi-
vidual operation or plant other than the operation of
motor vehicles or other transportation facilities ex-
ceed 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
Maximum Permitted Sound Level (Decibels)
(Frequency, Along Property Lines
Cycles Abutting or within a
per second) Residential District
63 72
125 67
250 59
500 52
1,000 46
2 , 000 40
4 , 000 34
8,000 32
Along Property Lines
within a Business or
Industrial District.
79
74
66
59
53
47
41
39
7.6
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.
C. SMOKE AND OTHER PARTICULATE MATTER.
No use shall be operated except in compliance with the
prohibitions agai nst 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 detri-
mental 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 EXPLOSION 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.
7. 7
I. HUMIDITY, HEAT, OR GLARE.
Any activity producing humidity in the form of
moist air, or producing heat or glare shall be
on in such a manner that steam, humidity, heat
is not perceptible at any lot line.
steam or
carried
or glare
7.8
SECTION 8. SUPPLEMENTARY YARD, AREA, HEIGHT
AND BULK REGULATIONS
The regulations set forth in this section
qualify or supplement the District Regula-
tions appearing elsewhere in this Ordinance.
8-1 Supplementary Yard Regulations
A. General
1. PUBLIC ALLEYS - Whenever a lot abuts upon a
public alley, one-half of the alley width may
be considered as a portion of the required yard,
however, a minimum yard of 10 feet shall be pro-
vided exclusive of the alley width.
2. DETERMINATION OF SIDE STREET - Where these regu-
lations refer to side streets, the Planning and
Zoning Director shall be guided by the pattern of
development in the vicinity of the lot in question
in determining which of two 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, then
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, open balconies and ornamental features which
8.1
~~"`- may project into a required yard a distance not
to exceed 25% of the width of the required yard,
and such projections are not to exceed 6', and
provided that there should not be less than 8'
clear height under any such projection. Open
.balconies as herein described, must be non-
contiguous and non-connecting and not exceed
150 square feet in area,
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 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 and 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 platforms not covered by a roof or canopy, and
which do not extend above the level of the first
floor of the building, may extend or project into
the front or side yard not more than six (6) feet.
5. ORNAMENTAL FENCES, WALLS AND HEDGES are permitted
as follows:
a. Front yards - maximum of 5 feet.
b. Side and rear yards - maximum of 7 feet.
c. Along the boundary between a residential and a
business district - 10 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 they are not
located closer than 6 feet to a rear lot line or
8. 2
10 feet to an interior side lot line. A walk
space at least 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 approved by the Planning and
Zoning Director.
7. ACCESSORY BUILDINGS - Accessory buildings which
are not a part of the main building may be con-
structed in a rear yard, provided such accessory
building does not occupy more than 30% of the
area of the required rear yard and provided it
is not located closer than 7.5 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 but an open uncovered swimming
pool shall not be included.
8. 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.
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 2 feet and 10 feet above the street corner grade,
within the triangular space bounded by the two inter-
sectn~ right-of-way lines and a straight line connecting
the right-of-way lines 15 feet from their intersection.
8-3 Minimum Yard Regulations for Multiple-Family Zoning Districts
A. MF DISTRICTS ESTABLISHED
For the purpose of establishing setback regulations on
multiple-family zoning districts, the City of Miami Beach
shall be divided into ten 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. Districts 1 through 4 include oceanfront
properties. Districts 5 through 8 include waterway and
bayfront properties. Districts 9 and 10 include 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 require-
ment for any lower level. The minimum front and rear
yard for the tower, when based on height, shall not ex-
ceed the setback required for a height of 200.1 feet. The
minimum front yard for the tower shall be constant.
8. 3
DISTRICT LEVEL FRONT REAR
Sub 50 50
ME-1 Ground 50 50
Pedestal 50 90
Tower 50 90 + ,4 height
Sub 20 50
MF-2 Ground 20 50
Pedestal 40 75
p Tower 40 .5 height
a
Sub 20 50
w MF-3 Ground 20 50
u
0 Pedestal 20 50
Tower 40 .5 height
Sub 20 50
MF-4 Ground 20 50
Pedestal 20 50
Tower 20 ,33 height
Sub 20 0
MF-5 Ground 20 10
Pedestal 20 40
Tower 40 40
E
Sub 2p 0
MF-6 Ground 20 10
Pedestal 20 20
Tower 20 20
~
,y MF-7 Sub
Ground 25
25 0
10
~ Pedestal 25 40
x
w Tower 25 40
H
Sub 2p 0
MF-8 Ground 20 10
Pedestal 20 20
Tower * 30
No subterranean area shall be allowed in this dist
ME-9
Ground
20 ,
10
Pedestal 20 10
x
0 Tower 20 , 3 height
H
H No subterranean area shall be allowed in this dist.
z ME-10 Ground 20 10
H Pedestal 20 10
Tower * .3 height
*There shall
buildin
or be a minimum front
st
t yard of 20 feet, No point on a
g ruc
ure shall be closer to the center line of a
street than ,5 the height above sidewalk elevation, however
no
minimum front yard shall be gre ater than ,
40 feet.
8.4-
C. SIDE YARD MINIMUMS. No minimum yard requirement for
an upper lever shall be less than the minimum yard
requirement for a lower level.
1. RM-14 Multi le-Famil District - The sum of the
si a yar wi t s s all be at least 25% of the
lot width, but no side yard adjacent to a
street shall be less than 15 feet and no in-
terior side yard shall be less than 7.5 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
open and unencumbered access from the front
yard to the roof of such area by means of
a ramp or stairs. Minimum yards shall be
as follows:
1) Interior sides. None required.
2) Streets and Alleys. A 10-foot 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 25% of the lot width.
1) Interior sides. No interior side yard
shall be less than 10% of the lot width
or 7.5 feet, whichever is greater.
2) Streets. 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 feet shall be
developed and maintained as a land-
scaped 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 the building height.
°° 2) Side streets. No point on the tower shall
be closer to the center line of a side street
than 0.5 the building height. The resulting
minimum yard shall be constant.
8. 5.
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 coverage restrictions.
2. That portion of a building or structure which is
equal to or less than 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 ac-
cordance with the following table; provided that
the maximum lot coverage permitted shall be 50%
for the pedestal level, as described herein, of
any building or group of buildings, regardless
of the total height of the building.
The maximum lot coverage shall not exceed the
following:
Height of Building Lot Covera e
45 ft. or less 50%
45,1 - 50 ft. . - . 33%
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 gr eater 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 in-
cluded in the lot coverage computation.
~. 6
8-5 Mixed Use - Yards, Area and Bulk Requirements.
A. Where more than 25% 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 the non-residential use. Where
25% or less of the total area of such building is used for
dwelling purposes, the buildings shall be subject to the
height, area and bulk requirements applicable 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 front yard of 10' shall be provided, such area
to be developed and maintained as a landscaped area; and
a minimum side yard adjacent to a street of 10' shall be
provided, such area to be developed and maintained as a
landscaped area. Side 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 and
side yard requirements for non-residential development
shall be those required in the applicable business 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 1/2, however, a minimum rear yard of 10
feet shall be provided for those areas of residential
development as described herein.
8-6 Oceanfront Properties - Minimum Yards.
A. All oceanfront properties shall have a minimum rear yard
setback of 50 feet, in which there shall not be any ex-
cavation, or construction of any dwelling, hotel, motel,
apartment building, commercial building, seawall, revet-
ment or other structure incidental to or related to such
structure, including but not limited to such accessory
structures or facilities as a patio, swimming pool, cabana,
or garage. Said setback shall not be used for off-street
parking and shall be maintained as a beach.
B. When a bulkhead line has been established 50 feet or more
landward of the mean high water line, the restrictions
as stated above shall also apply to the area between the
bulkhead line and the mean high water line.
8.7
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 in-
tended 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. Radio and television towers less than 125 feet in
~'"""' height .
12. Smoke stacks.
13. Stage towers or scenery lofts.
14. Tanks.
15. Water towers.
B. The height of all allowable items in Section A, above shall
not exceed 25 feet in height above the height used to
establish the required minimum yard.
C. Notwithstanding other provisions of these regulations,
the height of all structures and natural growth shall be
limited by the requirements of the Federal Aviation Agency
and any airport zoning regulations applicable to such
structure and natural growth.
8-8 Accessory Boating Facilities.
A. Boat slips, docks, wharves, dolphin poles, mooring piles
or structures of any kind shall not be constructed or
erected which extend into any canal or waterway in the
City of Miami Beach more than ten per cent (10/) of the
width of such canal or waterway at a specific location
8.8
measured from the sea wall or property as shown by
recorded plat line if no sea wall exists; but if a canal
or waterway is more than 100 feet in width the structure
may extend into such canal or waterway a distance not
greater than fifteen per cent (15/) of the width of such
canal or waterway at that specific location, but not to
exceed a distance greater than 40 feet; provided, however,
with special permission and recommendation of the Marine
Inspection Board, and approval by the City Council, any
dock, wharf, dolphin, mooring pile or other structure may
extend from a lot zoned for multiple-family use, into any
part of Biscayne Bay or other waterway, which is in excess
of 1,000 feet in width, a distance not greater than 125
feet and may extend from a lot zoned for business use into
Biscayne Bay or other waterway a distance not greater than
250 feet. It is further provided that any boat, ship or
vessel of any kind shall not be docked or moored so that
its projection into the waterway would be beyond the per-
missible projections for such docks, wharves, dolphin
poles, mooring piles or other structure.
Permits for erection of any of the above facilities must
be obtained from the Building Inspection Division, the
State Internal Improvement Fund if necessary, and if
abutting navigable streams, the approval of the Corps of
U.S. Engineers must be secured.
8.9
SECTION 9. PARKING REGULATIONS
9-1 Parking Districts Established.
For the purpose of establishing off-street parking re-
quirements, the City of Miami Beach shall be divided
into two districts.
A. PARKING DISTRICT NO. 1 - Parking District No. 1 is
that area in the City of Miami Beach, Florida, not
included in Parking District No. 2.
B. PARKING DISTRICT NO. 2 - Parking District No. 2 is
that area in the City of Miami Beach, Florida, en-
compassed by a line drawn as follows:
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 south side of 69th
Street; thence run easterly along the
south side of 69th Street extended to the
established harbor line in the Atlantic
Ocean; thence run southerly along the
established harbor line in the Atlantic
Ocean to the north side of 44th Street
extended; thence run westerly along the
north side of 44th Street to the point
of beginning.
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.
A. PAFZ[{ING DISTRICT NO_ 1 -
1. Single-family detached dwelling - 2 spaces.
2. Two, three and four-family - 1 1/2 spaces for
each unit.
9.1
3. Group House - 1 1/2 spaces for each unit.
4. Apartment buildings 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 pro-
vide 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 1200 square feet.
5. Roomin boardin or lod in house - 1 space
`per sleeping unit plus 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, synagoctue 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 audi-
torium, 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 space:
in chapel.
14. Auditorium, theatre, ymnasium, 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.
9.2
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 pri-
mary 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 ~sieeping units, shall
be provided as follows:
a. One space per 600 square feet of retail, per-
sonal 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 drink-
. ing facilities and assembly and meeting rooms
for the first 1,000 seats; except where ninety
(90'x) percent or more of any dining space is
utilized solely and exclusively by the re is-
tered quests or tenants of such establishment.
One space per 18 seats of such seating capacity
in excess of 1,000 seats.
c. One space per 5 boat berths.
18. Retail store or personal s
1 space per 250 square fee
stock brokerage.
ice establishment -
f floor area including
9,3
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 two beds.
21. Office or office building, studio, or clinic -
1 space per 400 square feet of floor area.
22. _Re_staurants 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.
26, 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 400 square feet of floor area.
28. General service or repair establishment, printing,
publishing, plumbing., heating, broadcasting - ~^
1 space per 1000 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 for each 1000 square feet of floor area.
31. Telephone Exchan es or Equipment Buildings -
1 space per 1500 square feet of floor area.
32, Marina - 1 space per boat berth.
9.4
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 unit with more
than three bedrooms shall provide 1 extra space per
bedroom unit for any bedroom exiting upon the ex-
terior of the building or upon a corridor; and 1
space per sleeping room. For the purpose of com-
puting parking requirements, an efficiency unit
shall have a maximum of 750 square feet, and a
one-bedroom unit a maximum of 1200 square feet.
9-3
9-4
Off-Site Facilities
A. All parking spaces required herein shall be located
on the same lot with the building or use served, or
within a distance not to exceed 400 feet from such lot.
B. Where the required parking spaces are not located on
the same lot with the building or use served and used
as allowed in the previous section A., a written agree-
ment thereby assuring their retention for such purposes,
shall be properly drawn and executed by the parties con-
cerned, approved as to form by the City Attorney and
shall be filed with the application for a building
permit.
Interpretation of Off-Street Parking Recfuirements.
A. The parking required herein is in addition to space for
storage of trucks or other vehicles used in connection
with a business, commercial, or industrial use.
B. Where fractional spaces result, the parking spaces re-
quired shall be construed to be the next highest whole
number.
C. The parking space requirements for a use not specifically
listed in this Section shall be the same as for a listed
use of similar characteristics of parking demand generation.
9, 5
D. In the case of mixed uses, uses with different
parking requirements occupying the same build-
ing 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.
E. Whenever a building or use, constructed or es-
tablished 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 enlargment or change.
9-5 Design Standards.
A, MINIMUM AREA. For the purpose of this Ordinance,
an 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.
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 spaces immediately adjacent to
a structural column within an enclosed parking
structure may have a width of 8'6". The required
area is to be exclusive of driveways, permanently
reserved for the temporary parking of one auto-
mobile and connected with a street or alley by an
all-weather surfaced driveway, This driveway must
afford ingress and egress for an automobile to be
moved, except in the case of attendant parking.
B. DRAINAGE AND MAINTENANCE. Off-street parking faci-
lities 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 ex-
pense of the owner or lessee and not used for the
sale, rep air, or dismantling or servicing of any
vehicles, equipment, materials or supplies.
9.6
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 the Dade County Ordinance No. 67-65.
D. ENTRANCES AND EXITS. Location and design of entrances
and exits shall be in accord with the requirements of
applicable traffic regulations and standards. Land-
scaping, curbing, or approved barriers shall be pro-
vided along lot boundaries to control entrance and
exit of vehicles or pedestrians, as specified by the
Dade County Ordinance No. 67-65.
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. Inter-
floor ramps and ramps to and from the established grade
of any street shall not exceed twelve (12%~ percent, and
no parking shall be permitted directly off these ramps.
F. INTERIOR DRIVES. Interior drives shall be of adequate
width to serve a particular design arrangement of park-
ing 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.
45° parking - eleven (11) feet.
60° parking - seventeen (17) feet.
30° parking - ten (10) feet, six (6) inches.
Further defined by the following illustrations:
N
45° Parking
0
30° Parking
9.7
90° Parking
60° 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. Signs or
markers shall be used as necessary to ensure efficient
traffic operations of the lot.
H. LIGHTING. 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.
I. SCREENING AND LANDSCAPING. Except as provided in this
Ordinance all parking areas shall be landscaped and
maintained in accordance with the Metro Landscape
Ordinance.
1. PERIMETERS.
When off-street parking areas for three or more
automobiles are located closer than fifty (50)
feet to a lot in a residential district, the
perimeter of the parking areas shall be screened
by one or more of the following:
A. Interior and Rear Yard Perimeters.
1. An opaque wall or fence, not less than six
feet in height.
2. An opaque dense hedge, not less than six
feet in height.
B. Street Front Perimeters.
1. A wall not less than five feet nor more than
six feet in height. Such wall shall have a
stucco or equal finish on the street sides; or
2. A living hedge not less than five feet nor
more than six feet in height, such hedge to
be within a verdant grass or equal landscaped
border four feet in width.
2. INTERIOR OF PARKING AREAS.
Parking areas which are not covered and used in con-
junction with properties 10,000 square feet or more
shall be landscaped as follows:
A. Total landscape area: Ten (10) square feet of
landscaped area for each parking space excluding
spaces abutting a perimeter for which landscaping
is required of spaces served by an access aisle
along such a perimeter.
9.8
B. One tree with a clear trunk of at least 5 feet
for each 100 square feet or fraction thereof
of required landscaped area.
C. Total landscaped area to be separated into smaller
specific areas which will be located to break up
the expanse of pavement.
D. Each separate landscaped area must be 50 sq. ft.
or more in area.
E. Each individual landscaped area to contain at
least one tree.
F. In addition to the trees, the landscaped areas
must be adequately planted or otherwise treated
with approved landscaping material not to exceed
three (3) feet in height.
9-6 Parking in Front Yards.
Off -street parking spaces shall not be located in a required
front yard, provided one required space for a single-family
detached dwelling may be located in said front yard, and
required parking spaces for lots under 10,000 sq. ft. may be
located in said front yard. Lots under 10,000 sq. ft, which
do not locate parking in front yard may increase the maximum
density in their respective districts by 20%.
9.9
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 apartment building, apartment-hotel, hotel,
offices or 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
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 41 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).
10. ~.
C. For uses which contain less than 10,000 square feet
of floor area, the Planning and Zoning 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. Location and design of entrances
and exits shall be in accord 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.
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 Re ulations.
The following regulations apply generally to all signs
and are in addition to the regulations established for
each Zoning District or the regulations contained else-
where in this Ordinance.
A. PERMIT REQUIRED. No sign, unless herein accepted, shall
be erected, constructed, posted, painted, altered, main-
tained, 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 Planning and Zoning Department, shall be
filed, together with such drawings and specifications as
may be necessary to fully advise and acquaint the Depart-
ment 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 require-
ments 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 con-
structed without a permit but in accordance with the
structural and safety requirements of the Building Code;
11. 1
1. Official traffic signs or sign structures, or
,,,~ municipal information signs and provisional
warning signs or sign structures, when erected
or required.t.o 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 con-
nection with new construction work and dis-
played 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-l, 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 City Coun-
cil may, in special cases, grant permits for the
erection of signs not conforming to the require-
ments of this chapter, and at their discretion, may
require a bond not exceeding ten thousand dollars
protecting the city against all liabilities. (Code
1950, Sec. 32.9)
E. PENNANTS, BANNERS, STREAMERS. Pennants, banners,
streamers, and all other fluttering, spinning or
similar type signs and advertising devices are pro-
hibited 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, pen-
nants, banners, streamers, and other fluttering,
spinning, or similar type advertising devices per-
taining to said holiday periods may be displayed
on a temporary permit basis as provided in para-
graph 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;
11.2
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 temp-
orary permit basis as provided in paragraph 11-1
D, preceding, and with permission of the City
Council.
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 candi-
dacy at each of not more than four (4) of his head-
quarters, provided no such signs shall be located
in a residential district.
1. Political signs, except political signs appearing
as copy on general advertising structures, poli-
tical 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 vehicles or to poli-
tical 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 the date
of the general election involving his campaign.
H. GENERAL ADVERTISING SIGNS. No general advertising sign
shall be constructed, erected, used, operated or main-
tained in the City of Miami Beach.
I. 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.
11. 3
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 else-
where 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 prop-
erty 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 permit-
ted in a C-1 Zoning District.
2. Except as otherwise specifically provided in
these regulations, all signs shall be subject
to the provisions of Section 12 governing non-
conforming uses.
11.4
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 or 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 Department of
Planning and Zoning. 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 noncon-
forming signs may continue in use for a con-
forming 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 pro-
visions of this Ordinance and which is damaged,
by any cause, to an extent that the cost of
repairing the sign equals fifty (50'x) percent,
or more, of the original installation cost of
the sign, shall be removed.
11. 5
M. SIGNS AND SIGN DEVICES PROHIBITED.
1. No sign shall be constructed, erected, used,
operated, or maintained so as to display inter-
mittent 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.
3. No sign shall be constructed, erected, used,
operated or maintained so as to provide a back-
ground 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 recep-
tacles, 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
grounds, 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.
11.6
8. No sign indicating the presence of an accessory
commercial use in a hotel, motel, apartment-
hotel, or apartment building located in a resi-
dential 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 feet above grade except
as elsewhere provided.
11-2 ZONING DISTRICT SIGN REGULATIONS.
All signs permitted in these regulations shall be Estab-
lishment Identification Signs unless otherwise specified.
A. SIGNS PERMITTED IN THE RS-l, 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.
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 one other than the owner or lessee, of
the lot, parcel of land or premises, and then
only on the lot or premises as herein set forth.
b. There may be only one 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 designa-
tions, to wit: For lease, for sale, for sale
or lease, open for inspection, for rent; and
11. 7
no name, address, or telephone number other
,~ than that of the owner or lessee shall appear
on such sign, provided, however, that the
telephone number of a registered real estate
broker may be contained or placed thereon,
upon written request of the owner or lessee
duly filed with the Planning and Zoning Director.
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, no iridescent or other lighting per-
mitted. 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 pro-
perty line, then such sign may be placed on or
against such wall.
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 of letters shall not
not exceed one (1) foot on a marquee or awning sign.
11. 8
C. SIGNS PERMITTED IN THE RM-100 AND RM-125 DISTRICTS.
1. Any sign permitted in an RM-14 District.
2. Any sign permitted in an RM-60 District, illumi-
nated or non-illuminated, for a multiple-family
dwelling, hotel, apartment-hotel, or motel, con-
taining 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 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 iri area to
forty (40) square feet plus any premium permitted
for height of location.
4. Two 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 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.
D. SIGNS PERMITTED IN THE C-1 AND C-2 DISTRICTS.
1. Any sign permitted in an RM-60 District.
2. Flat signs, illuminated or non-illuminated, with
total aggregate sign area not more than ten (10%)
percent of the area of walls fronting on a street
and no one 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 for each business on the premises, with sign
area limited to twenty (20) square feet.
11.9
4. Detached signs, if there are no projecting signs,
~°'"° illuminated or non-illuminated, one for each
business on the premises, with sign area limited
to ten (10) square feet.
5. Marquee signs, illuminated or non-illuminated,
two 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 limited in area
square feet, giving directions to
regarding the location of parking
access drives, shall be permitted
signs and not included in any comb
sign area.
to four (4 )
motorists
areas and
as accessory
Mutation of
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%) per-
cent of the area of walls fronting on a street, and
no one sign with sign area of more than 125 square
feet. Illuminated signs inside of show windows and
within five feet thereof, shall be included in the
computation of aggregate sign area, and in addition,
shall be limited to ten X10/) 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 be 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 limited in area to
feet, giving directions to motorists
location of parking areas and access
be permitted as accessory signs and
any computation of sign area.
four (4) square
regarding the
drives shall
not included in
11.10
6. Permitted sign area of one 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.
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 125 square feet. Illuminated signs
inside of show windows and within five feet thereof,
shall be 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 out-
lining store windows shall not be included in the
computation of aggregate sign area.
3. Projecting signs, one for each business on the
premises, with sign area limited to forty (40)
square feet.
4. Detached signs, limited in area to thirty (30)
square feet, one for each business or one 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 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.
11.11
G. SIGNS PERMITTED IN THE C-6 AND MR DISTRICTS.
1. Flat signs limited in area to one hundred (100)
square feet, one 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,
limited in area to thirty (30) square feet, one
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 manage-
ment 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.
11.12
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 years from the date of passage of this
Ordinance. During the two-year period, such non-
conforming 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-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 re-
main 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 con-
ditions of the approval are met.
12-2 Nonconforming Signs
A. Nonconforming signs shall be removed as provided in
Section 11-1 M of this Ordinance. No permits for
additional signs shall be issued for any premises
on which there are any nonconforming signs.
12-3 Nonconformingr 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 struc-
tural alterations are made, a nonconforming use of
a building may be changed to another nonconforming
use of the same or of a more restricted classifica-
tion. 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. 1
12-4 Discontinuance of Nonconforming Uses
A. No building or land, or portion thereof, used in
whole or in part, for a nonconforming use in a
residential district, which remains idle or un-
used for a continuous period of six months, or
for 18 months during any three-year period whether
or not the equipment or fixtures are removed, shall
again be used, except in conformity with the regu-
lations of the district in which such building or
land is located.
12-5 Destruction of Nonconformin Uses
A. No building which has been damaged by any cause
whatever to the extent of more than 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 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 12 months of the date of such
damage.
12-6 Intermittent or Illectal 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 a 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 Nonconformin Uses
A. The Director of Planning and Zoning 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 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 de-
termination 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. 2
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. 3
SECTION 13. BOARD OF ADJUSTMENT
13-1 MEMBERSHIP
A. The City's Planning and Zoning Director and Public
Works Director shall be ex officio members without
the right of vote, and whose presence shall not be
counted for the determination of a quorum. The re-
maining five members shall consist of the following:
One member shall be appointed from one of the follow-
ing professions or callings: Law, Architecture,
Engineering, Real Estate Development, Certified Public
Accounting, Financial Consultation and General Business.
The members representing the professions of Law, Archi-
tecture, Engineering and Public Accounting shall be
duly licensed by the State of Florida; the member repre-
senting General Business shall be of responsible stand-
ing 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 ap-
pointed for a term of one year by a five-sevenths vote
of the City Council.
~""""` 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 such hearing shall be given by
mail to the owners of record of land lying within 375
feet of the property, the use, construction or altera-
tion 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 meet-
ings 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
13. 1
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 and Zoning Director and of the Public Works
Director shall be before the Board prior to its con-
sideration of any matter before it.
13-5 PROCEDURE.
A. Any person appearing before the Zoning Board of Ad-
justment 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 applica-
tion for a variance from the provisions of this Or-
dinance, no new application may be filed for such
variance within six (6) months following such with-
drawal or denial, unless, however, the decision of
the Zoning Board of Adjustment taking any such final
action is made without prejudice, or unless the with-
drawal of such application is permitted to be made
without prejudice. An application may be withdrawn
without prejudice by the applicant as a matter of
right, if such request is signed by the applicant
and filed with the Planning and Zoning Director 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 con-
sidered by the said Board; provided further, that no
application may be withdrawn after final action has
been taken. (1682)
13. 2
13-6 APPEALS
A. An appeal from the decision of the Administrative
Offices may be taken to the Board of Adjustment by
any person aggrieved, or by any officer, department
or board of the City affected by such decision. The
Board shall also hear and decide all matters referred
to it, or upon which it is required to pass.
B. The Board shall prescribe by general rule, a reason-
able time within which a notice of appeal shall be
filed with the Board specifying the grounds thereof,
and the officer from whom the appeal is taken shall
forthwith transmit to the Board all the papers con-
stituting the records upon which the action appealed
from was taken.
C. Such Board of Adjustment shall also hear and decide
appeals from, and review, any order, requirement, de-
cision or determination made by an administrative
official charged with the enforcement of the Zoning
Ordinance of the City of Miami Beach. Where there
are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of said
Zoning Ordinance, the Board of Adjustment shall have
the power in passing upon appeals, to vary or modify
any regulations or provisions of such Ordinance re-
lating to the use, construction, or alteration of
buildings or structures, or the use of land, so that
the spirit of the Zoning Ordinance shall be observed,
public safety and welfare secured, and substantial
justice done. In no case shall the Board have any
power to amend the Zoning Ordinance with reference
to the use of land, or jurisdiction over any request
for variance which shall constitute an amendment to
the Zoning Ordinance as to the use of land. Upon the
hearing, any person may appear in person or by agent
or by attorney. The Board may require that all testi-
mony given before it shall be under oath. Any order
or decision of the Board of Adjustment shall require
an affirmative four-fifths vote of the Board. The de-
cision of the Board of Adjustment shall be final and
there shall be no further review thereof except by re-
sort to a court of competent jurisdiction by petition
for writ of certiorari.
D. An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from whom the
appeal is taken certifies to the Board of Adjustment
13. 3
after the notice of appeal shall have been filed
with him, that by reason of facts stated in the
certificate, a stay would, in his opinion, cause
imminent peril of life or property, in which case pro-
ceedings shall not be stayed otherwise than 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 officerfrom whom
the appeal is taken and on due cause shown.
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.
1. Any person requesting and obtaining a public
hearing on an application for a variance be-
fore the Board shall pay, upon the adoption
of a motion or resolution calling a public
hearing, the sum of Fifty ($50.00) Dollars
as costs to defray the expenses of public
notices and other administrative costs in
connection with said hearing. (1511) (1616)
2. In the event the public hearing as originally
called or scheduled is continued or recessed
at the request of the applicant, the said ap-
plicant shall pay an additional charge of
Twenty-five ($25.00) Dollars to defray the
costs of such continuation or postponement.
13.4
SECTION 14, ADMINISTRATION
14-1 Enforcement
A. It shall be the duty of the Director of the Depart-
ment of Planning and Zoning to enforce the provi-
sions 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
Planning and Zoning Director by reporting to him any
seeming violation in new construction, reconstruction
or land uses.
B. For the purpose of inspection, the Planning and Zoning
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 pend-
ing investigation as to materials, work, grades, use
and other provisions of these regulations,
C. The Planning and Zoning 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, re-
constructed, altered, repaired, or converted, or
any building or land is used in violation of this
Ordinance, the Planning and Zoning 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.
14-2 Permits and Plot Plans
A. A building permit shall not be issued for any build-
ing 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 De-
partment, Agency or Official of the City of Miami
Beach for the use of any premises or the operation
of any business, enterprise, occupation, trade, pro-
fession or activity which would be in violation of
any of the provisions of this Ordinance.
14. 1
14-3 Site Plans
A. Where this Ordinance requires the submittal of site
plans, said site plans shall contain all of the in-
formation required by applicable laws and ordinances
governing the approval of subdivisions and, in addi-
tion, shall show the following:
1. The proposed title of the project and the name
of the engineer, architect, or landscape archi-
tect, 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 inter-
vals of one foot or less.
"~ 6. The location and sizes of sanitary and storm
sewers, water mains, culverts, and other under-
ground structures in or near the project.
7. Proposed changes in zoning, if any.
8. The location, dimensions, and character of con-
struction 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 sani-
tary facilities.
9. The location and dimensions of proposed lots,
setback lines, and easements, and proposed re-
servations 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.
14. 2
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 foot of lot
area per dwelling unit, gross or net as re-
quired by district regulations.
B. The Director of Planning and Zoning 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.
14-4 Certificates of Occu ancy
A. No building or structure, or part thereof, or pre-
mises, 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
Planning and Zoning 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 re-
quirements 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, pro-
vided, 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 RA Single Family
Residential District, until changed by amendment.
15. 1
SECTION 16. CHANGES AND AMENDMENTS
16-1 General
A. The City Council may, from time to time, amend,
supplement, or change, by ordinance the boundaries
of the districts or the regulations herein estab-
lished after having held a public hearing follow-
ing 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, amend, supplement,
change, modify or repeal the regulations and boun-
daries herein established, provided, however, that
no amendment shall become effective except by the
favorable vote of five-sevenths (5/7ths) of all
the members of the City Council. And, provided
further, that if the hearing is to be on the ques-
tion of a change in the boundaries herein estab-
lished, then such fifteen (15) days 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.
B. Before taking any action on any proposed amendment,
supplement, or change, the City Council shall sub-
mit the same to the Planning Board for its recom-
mendations 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
Council 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 30 nor less
than 15 days before the hearing, at least once in one
or more newspapers of general circulation in the City,
and the Board shall cause the date, time, place, and
nature of the hearing to be posted conspicuously on
the property, in accordance with the rules of the
Board. 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 person appearing before the City Council at a
public hearing in regard to an application for a
16. 1
change of zoning or other
,,,,_, shall be administered the
son duly authorized under
minister oaths:
amendment to this Ordinance
following oath by any per-
the laws of Florida to ad-
"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."
Any person giving false testimony before the City
Council at a public hearing in regard to an appli-
cation 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, Florida.
16-2 PETITION FOR CHANGES AND AMENDMENTS
A. A petition for an amendment, supplement or change
may be submitted to the Planning and Zoning Director
by the City Council's own motion 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 any public street or way 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 and Zoning Dir-
ector shall forthwith forward the petition to the
Clerk of the City Council for notation in the record
of Council business. The Clerk shall forward two
copies to the Planning Board for holding of a public
hearing, report, and recommendation.
C. Any petitioner requesting and obtaining a public
hearing on an application for change of zoning or
other amendment to this Ordinance shall pay, upon
the adoption of the resolution calling the public
hearing required hereby, the sum of Seventy-five
($75.00) Dollars as costs of publishing and mailing
the notices required by this Section.
In the event the public hearing as originally called
or scheduled is continued or recessed at the request
of the petitioner, the said petitioner shall pay an
additional charge of Twenty-five ($25.00) Dollars to
defray the costs of such continuation or postponement.
16, 2
16-3 RECONSIDERATION OF DISTRICT BOUNDARY CHANGES.
A. When a proposed change in district boundaries
has been acted upon by the City Council and
disapproved or failed of passage, such proposed
change, in the same or substantially similar form,
shall not be reconsidered by the City Council for
a period of at least one 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 Council, but if withdrawn after advertisement
for a public hearing or posting of the property,
the same or a substantially similar petition cover-
ing the same property shall not be resubmitted, ex-
cept by a public official or a member of the City
Council, sooner than one year after the date estab-
lished for the prior hearing. Filing fees shall
not be refunded upon any withdrawal.
16-5 PERIODIC REVIEW.
A. It shall be the duty of the Planning Board, in
°""~ cooperation with the Planning and Zoning 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 Council
as to the sufficiency thereof, in accomplishing
the development plans of the City.
16. 3
SECTION 17. VIOLATIONS AND PENALTIES
17-1 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 guilty of
a misdemeanor and shall be liable to a fine
of not more than five hundred dollars ($500.)
Each day such violation shall be permitted to
exist shall constitute a separate offense.
The owner or owners of any building or pre-
mises, or part thereof, where anything in
violation of these regulations shall be
placed or shall exist, and any architect,
builder, contractor, agent, person, or
corporation employed in connection there-
with 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.
17. 1
SECTION 18. VALIDITY
18-1 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 same shall not affect the validity
of this Ordinance as a whole or any part of pro-
visions thereof, other than the part so declared
to be invalid.
18.1
SECTION 19. CONFLICTING ORDINANCES REPEALED
19-1 Conflicting Ordinances Repealed
A. All .ordinances or laws
visions of this Zoning
with the provisions of
repealed to the extent
Zoning Ordinance full
in conflict with the pro-
Ordinance or inconsistent
this Ordinance, are hereby
necessary to give this
force and effect.
19.1
SECTION 20. FORCE AND EFFECT
20-1 Force and Effect
A. This Ordinance shall take effect as provided
by the laws of The City of Miami Beach.
20. 1
SECTION 21. MAPS
21-1 Maps
A. ZONING DISTRICT AND MF DISTRICT MAPS.
The following plates indicate the location of zoning
and MF Districts throughout the city. The table be-
low explains the symbols used for each district and
the maximum densities permitted.
Zoning Districts
Symbol Use Density (U/A)
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 14
RM-60 Multiple Family Medium Density 60
RM-100 Multiple Family Medium High Density 100
RM-125 Multiple Family High Density 125
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
PUD-1 Planned Unit Development 50
PUD-2 Planned Unit Development 50
Note: All city-owned properties are zoned MU
although they may not be designated on
the map.
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
~'-6 Bay or Waterway
MF'-~ Bay or Waterway
MF-g Bay or Waterway
~'-g Interior
MF-10 Interior
21.1
NOTES
PLATE. IA
ZONING DISTRICT MAP
Z ~
/ J I
y
Z l
/ a I /~
~~
/ d LIDO ISLAND
/ /~ RIVO AL1O ISLAND
SAN MARMlO tSLAPp I ~~ ~ ~
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P-1
PLATE 1B
MF DISTRICT MAP
Z
/ °
Q
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J
a
/ d LIDO ISLAND
~~
~ ~ RIVO ALTO ISLAND
SAN MAR1N0
I~ ~~
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sAN MARCO IsLANO ~ , ~~ ~~ ~ ~ ,~
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P-2
PLATE 2A
ZONING DISTRICT MAP
BELLE ISLE " ,
_ ,-° '
i ~ S __ - -' - - ~ ++
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LUMMU6 ISLAND ~
FISHER ISlANO ~ -\~ 1
P-3
f
PLATE 2B
M F DISTRICT MAP
BELLE ISLE I I
i
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LUAMUS IsLaao ~ ~~
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P-4
PLATE 3A
ZONING DISTRICT MAP
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P-5
PLATS 3B
MF DISTRICT MAP
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P-6
PLATE 4A
CONING DISTRACT MAP
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P-7
PLATE 4B
MF DISTRICT MAP
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P-8
PLATE 5A
ZONING DISTRICT MAP
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NORMANDY SHORES
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ISLE OF NORMANDY V
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P-9
PLATE 5B
MF DISTRICT MAP
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_ BISCAYNE POINT ~ ~
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NORMANDY ~i ~ ~ ~I~ ~'
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LA GORGE ISLAND ~~ _-----' '"""~ ~ ~ ~ ~~
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P -10
I PLATE 6
ENLARGEMENT OF 41st. ST. AREA
-~ ~~`~__
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e ~~~~~ ~~~ ,~~~ ~ ~ i°K`i ~ ~~ ~~~ ~~~b~
~ ~ n oU7/L (l `- 6 Cti C,
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P-11
PLATE 7 ENLARGEMENT QF 71st. ST. AREA
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P-12
This Ordinance shall become effective immediately upon passage and posting,
as required by law.
PASSED AND ADOPTED this 1st day of September, 1971.
a or
l
Attest:
City Clerk-Finance Director
1st reading - August 19, 1971
2nd reading - August 19, 1971
3rd reading - September 1, 1971
POSTED - September 3, 1971
.~
.~
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in and
for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1891, entitled:
AN ORDINANCE TO REGULATE AND RESTRICT THE ERECTION, RECON-
STRUCTION, 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 HEREA FTER 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 METHOD OF ADMINISTRATION; TO PROVIDE A
BOARD OF ADJUSTMENT AND PRESCRIBE ITS POWERS AND DUTIES, AND TO
PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINA NCE AND ALSO PROVIDE FOR ITS ENFORCEMENT AND REPEALING ALL
ORDINANCES IN CONFLICT.
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous places
in the City of Miami Beach, one of which was at the door of the City
Hall in said City on the 3rd day of September, 1971, and that said
Ordinance remained posted fora period of at least thirty days in
accordance with the requirements of the City Charter of the said City
of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and affixed
the official seal of the City of Miami Beach, Florida, on this the
20th day of October, 1971,
City Clerk and Finance Director