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Zoning Ordinance Amended May 7, 1936 : { j f , c I ' S. SEE AME ENTS ATTACHEb f OF CITY OF MIAMI BEACH 1 •: FLORIDA 1 f 1 Amended as of May 7, 1936 A •• 710i -P� I � v x h �yy qk '.- 2 NX4. '-Y' . s n a�p re A q � 4r F YP.�?ayya�cyYq kx ' x 5W 9 5 Y f 3 I' i i ^�'' 0 3 ��"�`'�•� �.g'yt��^f'K'� r : ,i f air�t�x°'�� � ,' 'i"'� }i 3 d'fW �. D b,(i�„6� ✓ �, ,f:'+y3 y' d�h�.�' �>: c^� .+ u..".2f'YZ`V..vY�.O liYn�SY35S `A L y '� y .a.w..u....-.�..•.....—._J r i 1 L AMENDMENTS TO i ; Zoning Oo Beach, M j Through April 7, 1937 ORDINANCE No. 42$ ORDINANCE No. 432 AN ORDINANCE OF THE CITY COUNCIL OF THE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH FLORIDA CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE No. 289, BEING THE ZONING OR- ORDINANCE No. 289, BEING THE ' AMENDING ZONING OR- DINANCE OF SAID CITY SO AS TO OMIT "LOCK- DINANCE OF SAID CITY SO AS TO PLACE THE SMITH SHOP'S, SHARPENING AND GRINDING PROPERTY DESCRIBED HEREIN IN AN "RD" SHOPS" FROM ITS PRESENT "BC" BUSINESS SINGLE FAMILY DISTRICT CLASSIFICATION. DISTRICT CLASSIFICATION AND PLACE SAME BE IT ORDAINED BY THE CITY COUNCIL OF THE IN THE "BA" BUSINESS DISTRICT CLASSIFICA- CITY OF MIAMI BEACH, FLORIDA: TION. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: That Ordinance No. 289 of the City of Miami Beach, Florida,be and the same is hereby amended so as to class- SECTION 1. ify the use regulation of the following described property: That Section 9 of Ordinance No. 289, as amended, be Those certain tracts or narrow strips of land shown b and the same is hereby amended by omitting the following: and designated on two plats entitled "Amended Map "(9) Locksmith shops, sharpening and grinding of the Ocean Front Property of the Miami Beach Im- shops." provement Company," recorded in Plat Book 5 at {, Pages 7 and 8, respectively, of the Public Records of SECTION 2. Dade County, Florida, and more particularly described That Section 7 of Ordinance No. 289, as amended, be as follows: and the same is hereby amended by adding thereto, fol- That certain tract bounded on the east by the west- lowing the words "(5) Night Clubs, only upon approval erly line of Collins Avenue, on the west by the easterly and permit by the City .Council of the City of Miami line of a body of water designated on said plat as "Lake" (now Lake Pancoast), on the north by the Beach"• (6) Locksmith shops, sharpening and grinding south line of 2nd Street (now 26th Street) and on the shops." south by the north line of Hotel Place (now 24th Street), excepting that portion shown and designated SECTION 3. as 1st Street (now 25th Street); All ordinances and parts of ordinances in conflict here- Also that certain tract bounded on the north by the with be and the same are hereby repealed. south line of 2nd Street (now 26th Street) and the south line of 3rd Street (now 27th Street), on the SECTION 4. east by Indian Creek Drive and Collins Avenue, and This ordinance shall become effective immediately upon on the south and west by the northerly and easterly its passage, approval and posting in accordance with law. lines of said Lake (now Lake Pancoast) and Indian Creek, respectively; PASSED AND ADOPTED this 3rd day of June, A. Also those certain tracts bounded on the east by D., 1936. the westerly line of Indian Creek Drive, on the west (Signed) JOHN H. LEVI by the easterly line of Indian Creek, on the south by President of City Council the northerly line of 3rd Street (now 27th Street)-, ATTEST: the northern terminus of said tracts being the inter- , (Signed) C. W. Tomlinson section of the westerly line of Indian Creek Drive City Clerk and the easterly line of Indian Creek, said certain (SEAL) tracts being divided by 4th Street, 5th Street, 6th Street, 7th Street, 8th Street, 9th Street, 10th Street, APPROVED BY ME this 3rd day of June, A. D., 1936, 11th Street, 12th Street, 13th Street, 14th Street, 15th (Signed) LOUIS F. SNEDIGAR Street, 16th Street, 17th Street, 18th Street and 19th Mayor Street (now 28th Street, 29th Street, 30th Street,. 1st Reading, May 6th, 1936. 31st Street, 32nd Street, 33rd Street, 34th Street, 2nd Reading, May 6th, 1936. 35th Street, 36th Street, 37th Street, 38th Street, 3rd Reading, June 3rd, 1936. 39th Street, 40th Street, 41st Street, 42nd Street and Posted—June 4th, 1936. 43rd Street, respectively), under what is known as "RD" Single Family District classification, as said Section 4. use regulation is described in Ordinance No. 289, as This ordinance shall become effective immediately upon amended. its pasage, approval and posting in accordance with law. Section 2. PASSED AND APPROVED this 5th day of August, All ordinances and parts of ordinances in conflict here- A. D., 1936. with be and the same are hereby repealed. (Signed) Harry M. Hice President of City Council Section 3. (Pro-tem) ATTEST: This ordinance shall become effective immediately upon (Signed) C. W. Tomlinson its passage, approval and posting in accordance with law. City Clerk PASSED AND ADOPTED this Ist day of July, A. D., (SEAL) 1936. APPROVED BY ME this 6th day of August, A. D.,1936. (Signed) Baron De Hirsch, Meyer Vice-President of City Council (Signed) John H. Levi ATTEST: Acting Mayor (Signed) C. W. Tomlinson 1st Reading, July 1st, 1936. City Clerk 2nd Reading, July 1st, 1936. (SEAL) 3rd Reading, August 5th, 1936. Posted—August 6th, 1936. APPROVED BY ME this 1st day of July, A. D., 1936. (Signed) John H. Levi ORDINANCE No. 434 Acting Mayor 1st & 2nd readings, May 20, 1936. AN ORDINANCE OF THE CITY COUNCIL OF THE 3rd reading, July 1, 1936. CITY OF MIAMI BEACH, FLORIDA, AMENDING Posted-July 2, 1936. ORDINANCE NO. 289, BEING THE ZONING OR- DINANCE OF SAID CITY SO AS TO CHANGE THE ORDINANCE No. 433 USE DISTRICT CLASSIFICATION OF TELE- PHONE EXCHANGES FROM ITS PRESENT AN ORDINANCE OF THE CITY COUNCIL OF THE "BAAA" BUSINESS CLASSIFICATION, TO WHAT CITY OF MIAMI BEACH, FLORIDA, AMENDING IS KNOWN AS "RE" MULTIPLE FAMILY CLASSI- ORDINANCE NO. 289, BEING THE ZONING FICATION. ORDINANCE OF SAID CITY SO AS TO CHANGE BE IT ORDAINED BY THE CITY COUNCIL OF THE THE USE DISTRICT CLASSIFICATION OF PRI- CITY OF MIAMI BEACH, FLORIDA: VATE SCHOOLS FROM ITS PRESENT "RE" MULTIPLE FAMILY DISTRICT TO "BAAA" Section 1. BUSINESS DISTRICT. That Section 5-A of Ordinance No. 289, be and the same BE IT ORDAINED BY THE CITY COUNCIL OF THE is hereby amended by eliminating therefrom the following CITY OF MIAMI BEACH, FLORIDA: item" ( 10) Telephone exchanges." Section 1. Section 2. That Section 5 of Ordinance No. 289, as amended, be That Section 5 of Ordinance No. 289, as amended, be and the same is hereby amended by eliminating therefrom and the same is hereby amended by adding thereto after the following: Item (10), the following item: "(9) Public or private schools." "(11) Telephone exchanges, only upon approval and and substituting in lieu therefor, the following: permit by the City Council of the City of Miami "(9) Public schools." Beach." Section 2. Section 3. All ordinances and parts of ordinances in conflict here- That Section 5-A of Ordinance No. 289, as amended, be with be and the same are hereby repealed. and the same is hereby amended by adding thereto after Item (18), the following: Section 4. "(19) Private Schools, only upon approval and permit This ordinance shall become effective immediately upon by the City Council of the City of Miami its passage, approval and posting in accordance with law. Beach." PASSED AND ADOPTED this 5th day of August, A. Section 3. D., 1936. - (Signed) Harry M. Hice All ordinances and parts of ordinances in conflict here- President of City Council with be and the same are hereby repealed. (Pro-tem) V ATTEST: ORDINANCE No. 436 (Signed) C. W. Tomlinson City Clerk (SEAL) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING APPROVED BY ME this 6th day of August, A. D., 1936. ORDINANCE NO. 289 OF THE CITY OF MIAMI (Signed) John H. Levi BEACH, FLORIDA, SO AS TO CHANGE THE USE Acting Mayor AND AREA REGULATIONS OF THE PROPERTY 1st Reading, July 1st, 1936. DESCRIBED HEREIN. 2nd Reading, July 1st, 1936. 3rd Reading, August 5th, 1936. BE IT ORDAINED BY THE CITY COUNCIL OF THE Posted—August 6th, 1936. CITY OF MIAMI BEACH, FLORIDA. Section 1. ORDINANCE No. 435 That Ordinance No. 289 of the City of Miami Beach, Florida, be and the, same is hereby amended as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE That the use and area regulations of the following CITY OF MIAMI BEACH, FLORIDA, AMENDING described property, to wit: SECTION NO. 16 OF ORDINANCE NO. 289, BEING THE ZONING ORDINANCE OF THE CITY OF SECOND REVISED PLAT OF SUNSET MIAMI BEACH, FLORIDA, BY ADDING THERETO ISLANDS, in the City of Miami Beach, AREA DISTRICT NO. 32. Florida, as same is shown on a Plat recorded BE IT ORDAINED BY THE CITY COUNCIL OF THE in Plat Book 34 fat Page 73, of the Public Records of Dade County, Florida. CITY OF MIAMI BEACH, FLORIDA: Section 1. be and the same are hereby amended, changed and 'mod"i- fied so as to change all of Blocks 111, 2H and 3H of said That Section 16 of Ordinance No. 289 be and the same Sunset Islands Subdivision, from their present Use Regu- is hereby amended by adding thereto the following para- lation District "RE", Multiple Family District, to what graph after District No. 31: is known as "RC" Estate District, and District No. 32. There shall be a front yard having a depth of not less than forty (40) feet, when so as to change all of flocks 1F, 2E, 2F, 3E and 3F, of measured from an y ywaterwa � ba or ocean. There said Sunset Islands Subdivision, from their present Use sRegulation District "RE" Multiple Family District, to hall be a rear yard having a depth of not less than what is known as "RD" Single Family District, and twenty (20) feet, when measured from the street line. There shall be a side yard having a width of not less so as to change Lots 1 to 9, inclusive, Block 1A; Lots 1 to than'ten (10) feet on either side of a building. 9, inclusive, Block 1E; Lots 1 to 9, inclusive and Lots 19 Section 2. to 30, inclusive, Block 2D; Lots 1 to 12, inclusive, and Lots 19 to 26, inclusive, of Block 3D, of said Subdivision of All ordinances or parts of ordinances in conflict here- Sunset Islands,from their present Area Regulation District with are hereby repealed. No. 7, to what is known as Area Regulation District No. Section 3. 32, and This ordinance shall take effect immediately after its so as to change all of Block 1H; all of Block 2H and all passage, approval and posting. of Block 3H of said Sunset Islands Subdivision, from their present Area Regulation District No. 14 to what is known PASSED AND ADOPTED this 5th day of August, A. as Area Regulation District No. 32, and D., 1936. (Signed) Harry M. Hice so as to change all of Blocks 1B, 1C, 1D9 1F, 2A, 2B, 2C, President of City Council 2E, 2F9 3A9 3B, 3C9 3E, and 3F, of said Sunset Islands Sub- (Pro-tem) division, from their present Area Regulation District No. ATTEST: 14 to what is known as Area Regulation District No. 22, (Signed) C. W. Tomlinson as all Districts mentioned herein are described in Sections City Clerk 39 4 and 16 of said Ordinance No. 289, as amended. (SEAL) Section 2. APPROVED BY ME this 6th day of August, A. D., 1936. (Signed) John H. Levi All ordinances and parts of ordinances in conflict here- Acting Mayor with are hereby repealed. 1st Reading, July 1st, 1936. Section 3. 2nd Reading, July 1st, 1936. 3rd Reading, August 5th, 1936. This ordinance shall take effect immediately after its Posted--August 6th, 1936. passage; approval and posting. G 4 PASSED AND ADOPTED this 5th day of August, A. 1st Reading, July 15th, 1936. D., 1936. 2nd Reading, July 15th, 1936: (Signed) Harry M. Hice 3rd Reading, August 5th, 1936. President of City Council Posted—August 6th, 1936. - (Pro-tem) ATTEST: (Signed) C. W. Tomlinson ORDINANCE No. 442 City Clerk (SEAL) AN ORDINANCE OF THE CITY COUNCIL OF THE APPROVED BY ME this 6th day of August, A. D., 1936. CITY OF MIAMI BEACH, FLORIDA, AMENDING (Signed) John H. Levi ORDINANCE NO. 289 OF THE CITY OF MIAMI Acting Mayor BEACH, FLORIDA, SO AS TO CHANGE THE USE 1st Reading, July 1st, 1936. AND AREA REGULATIONS OF THE FOLLOWING 2nd Reading, July 1st, 1936. DESCRIBED PROPERTY. 3rd Reading, August 5th, 1936. BE IT ORDAINED BY THE CITY COUNCIL OF THE Posted—August 6th, 1936. CITY OF MIAMI BEACH, FLORIDA: Section 1. ORDINANCE No. 437 ,That Ordinance No. 289 of the City of Miami Beach AN ORDINANCE OF THE CITY COUNCIL OF THE Florida, be and the same is hereby amended as follows: CITY OF MIAMI BEACH, FLORIDA, AMENDING ' That the use and area regulations of the following ORDINANCE NO. 289, BEING THE ZONING OR- . described property, to-wit: DINANCE OF SAID CITY, SO AS TO ADD TO SECTION 6 AN ITEM (29) CONCERNING STOR- fart One, Miami View Section of the Ise of Nor- . AGE GARAGES. mandy, as per plat recorded in Plat Book 34, at Page 80, of the Public Records of Dade County, BE IT ORDAINED BY THE CITY COUNCIL OF THE Florida, CITY OF MIAMI BEACH, FLORIDA: .. m o be and the same are hereby amended, changed and mod i- Section 1. fied so as to change all of Blocks 27, 28, 29 and 30, of said Subdivision, from their present Use Regulation "RE" That Section 6 of Ordinance No. 289, as amended, be Multiple Family District,to what is known as "RD" Single and the same is hereby amended by adding thereto after Family District, and also Item (28), the,following item: so as to change all of Block 36A and lot 35 of Block 36, "(29) Storage of motor cars on the second floor and of said Subdivision, from their present Use Regulation above, providing access for cars is had through "RE" Multiple Family District, to what is known as "BB" a, public alley and not otherwise; only upon Business District, and also to change said property from approval and permit by the City Council of the their present Area District No. 14 to Area District No. City of Miami Beach." 19; also Section 2. so as to change Lots 26 to 34, inclusive, of Block 36, of All ordinances or parts of ordinances ,in conflict here- said Subdivision, from their present Use Regulation "RE" with be and the same are hereby repealed. Multiple Family District, to what is known as "BA" Busi- ness District, and also to change said property from their Section 3. present Area District No. 14 to Area District No. 19, This ordinance shall take. effect immediately upon its as all Districts mentioned herein-are described in Sections passage, approval and posting in accord with law. 41, 5, 7, 8 and 16 of said Ordinance No. 289, as amended. PASSED AND ADOPTED this 5th day of August, A. Section 2. D., 1936. (Signed) Harry M. Hice All ordinances and parts of Ordinances in conflict here- President of City Council with are hereby repealed. (Pro-tem) Section 3. ATTEST: (Signed) C. W. Tomlinson This Ordinance shall take effect immediately "after its City Clerk passage, approval and posting. (SEAL) PASSED AND ADOPTED this 2nd day of -September, APPROVED BY ME this 6th day of August, A. D., 1936. A. D., 1936. (Signed) John H. Levi (Signed)- John H: Levi Acting Mayor President-of-City Cauncil ATTEST: dimension, unoccupied except as provided for in Section (Signed) C. W. Tomlinson 17." City Clerk Section 2. (SEAL) 1st Readin Julg1st 1936. Substitute the following for the existing Section 15 of ' y - Ordinance No. 289: 2nd Reading, July 1st, 1936. "Section 15: In all Use Districts, hereinbefore desig- 3rd Reading, September 2, 1936. nated, every building hereafter erected, constructed, re- =Pasted -September 14th, 1936. constructed or structurally altered shall provide a lot area Became a-Law without the signature of the Mayor. and/or a floor area per family of not less than the fol- lowing: ORDINANCE No. 447 (1) "RAA" Estate District, 40,000 sq. ft. lot area per family. AN ORDINANCE AMENDING ORDINANCE NO. 2897 COMMONLY KNOWN AS THE ZONING ORDIN- (2) "RA" Estate District, 30,000 sq. ft. lot area ANCE OF THE CITY OF MIAMI BEACH, FLORIDA, per family. AS PASSED AND ADOPTED BY THE CITY COUN- - (3) "RB" Estate District, 18,000 sq. ft. lot area CIL OF SAID CITY ON DECEMBER 3RD, 1930. per,family. BE IT ORDAINED BY THE CITY COUNCIL OF THE (4) "RC" Estate District, 10,000 sq. ft. lot area CITY 'OF MIAMI BEACH, FLORIDA: per,family. That Section 1, Section 15, Section 16 and Section 17 of (5) "RD" Single Family District, 6,000 sq. ft. lot Ordinance No. 289 of the City Council of said City of area per family. Miami Beach, be and the same are hereby amended, supple- (6) "RDD" Modified Single Family District, 6,000 mented, changed and modified as follows: sq. ft. of lot area per family for single family Section 1. dwellings. No such dwelling shall have less than four hundred (400) sq. ft. of floor space. In Section 1 of Ordinance No. 289 add definition of 5,000 sq. ft. of lot area per family for two- Barbecue Stands after Apartment Hotel to read as follows: family dwellings. No such dwelling shall have 'BARBECUE STANDS: Any establishment serving less than four hundred (400) sq. ft. of floor foods where provisions are made for customers to drive area f or each family unit. across the curbs or sidewalk lines and receive service in (7) "RE" Multiple Family District. automobiles or other similar vehicles, and/or establish- a. Single-family dwellings shall provide ments where meats are prepared outside of an enclosed twenty-eight"hundred (2800) sq. ft. of lot building." area per family. No such'dwelling shall Revise existing definitions to read as follows: have less than four hundred (400) sq. ft. of f loor area. "COURT: An open, unoccupied, unobstructed space on b. Two-family dwellings shall provide sixteen the-same lot as a building." hundred (1600) sq.ft. of lot area per family "COURT, OUTER: A court extending to a street or and there shall in no case be less than ten alley." (10) ft. between buildings. No such dwell- ing shall have less than four hundred (400) "SET-BACK: The minimum horizontal distance between sq. ft. of floor area for each family unit. the -street line and the front line of the building or any C. Multiple-family dwellings shall provide a projection; except as provided for in Section 17." floor area of not less than four hundred .."YARD, FRONT: An area between the front property (400) sq. ft. within the limiting walls of .line (either street or bulkhead of any waterway) and the any family unit. front line of any main or accessory building, measured at d. Bungalow or House Courts shall provide a its least dimension and extending from one side yard to minimum of not less than twenty-eight y the other,unoccupied, except as provided for in Section 17." hundred (2800) sq. ft. of lot area per "YARD, REAR: An area extending across the full family and there shall in no case be less than ten (10) ft. between buildings. No �► width of the lot between the rear line of any main or unit shall provide less than four hundred accessory building and the rear line of the lot and mea- sured at its least dimension, unoccupied except as provided (400) sq. ft. of floor area. There shall be for in Section 17." an outer court with. a minimum width of ten (10) ft. and a minimum area of not "YARD, SIDE: An area between a -main or accessory less than thirty (30) per cent of the gross building and-the side line of the lot and extending from lot.area, so arranged as to provide ingress the street line to the -rear yard, measured at its least and egress to and from all units-. I I 8 "BAAA", "BAA", "BA" " ", "BB", "BC", "BD", d. This ordinance shall not be construed to ( ) prevent the construction of a building on "BE", "BF , AND BG" Business Districts. any lot of record at the time of passage of a. In all business districts, buildings erected this ordinance, notwithstanding that such for dwelling purposes shall comply with the lot may have a lesser, area than is required lot area and floor area per family regula- in the particular area district in which it tions prescribed for the "RE" Multiple- is situated. family District. e. In the "RAA", "RA", "RB", "RC" and b. There shall be a five (5) f t .side yard pro- "RD" Single-f amily Districts, "RDD" vided adjacent to living quarters,beginning twenty (20) ft. from the front lot line and ` Modified Single-family District and in the extending to the rear of the lot. "RE" Multiple-family District,no accessory g building shall be constructed, except con c. Where buildings for business occupancy are currently with or subsequent to the constru- set back from interior lot lines, such set- tion of the main building. • back shall in no case be less than twenty- eight (28) inches and it shall be continuous (2) WALLS AND FENCES. on at least one end to a street or alley." a. In the "RAA" and "RA" Estate Districts, Section 3. walls may be erected, constructed, recon- structed or structurally altered, provided, In Section 16 of Ordinance No. 289, revise paragraph however, that such wall or, walls shall not entitled DISTRICT NO. 19 to read: exceed ten (10) ft. in height above grade. DISTRICT NO. 19: There shall be a rear yard having b. In. the "RB" and "RC" Estate District, a depth of not less than five (5) ft. provided, however, on walls may be erected, constructed, recon- a lot whose rear abuts on a street, waterway or alley, no structed or structurally altered, provided, rear yard will be required, and provided further that where however, that such wall or walls shall not any building is to be constucted allowing no rear yard, exceed six (6) ft. in height above grade. adequate provisions shall be made within the building for C. In the "RD" Single-family District and the the storage and handling of garbage cans and refuse. Lots ``RDD" Modified Single-family District, zoned for business uses which adjoin lots zoned for resi- walls may be erected, constructed, recon- dential uses shall provide a five (5) ft. side yard on the structed or structurally altered, provided, side adjoining the residential lot. however, that such walls shall not exceed Section 4. five (5) ft. in height above grade. Substitute the following for the existing Section 17 of d. In the area bounded on the North by the Ordinance No. 289. South line of Lot A INDIAN BEACH _ CORPORATION SUBDIVISION as re "GENERAL PROVISIONS corded, in Plat Book 8 on Page 61 of the RESTRICTIONS; Public Records of Dade County, Florida, (1) AREA RE S on the South by the South -line of a. In the "RAA", "RA", "RB", "RC" and FISHER'S FIRST SUBDIVISION O "RD" Single-family Districts and the ALTON BEACH as recorded in Plat Book "RDD" Modified Single-family District, 2 on Page 77 of the Public Records of Dade accessory buildings shall not occupy in the County, Florida, on the West by Collins aggregate more than thirty (30) per cent Avenue and on the East by the Atlantic of the maximum yard area. Ocean, walls may be erected, constructed, b. Lot areas or dimensions shall not be so reconstructed or structurally altered, pro- reduced or diminished that the yards or vided, however, that such walls shall not open spaces shall be smaller than those exceed seven (7) ft. in height above grade. provided by this ordinance, nor shall the e. In all other districts, except as otherwise lot area per family be reduced in any man- specified, walls shall not exceed five (5) ner except in conformity with the area ft. in height above grade. regulations hereby established for the District in which the building is located. f. A wall may extend from a building or other Unless otherwise provided for, no dock, wall to a lot line in front, rear or side yard, C. p wharf or other structure shall be extended provided that it does not exceed in height, or built in Biscayne Bay or Indian Creek the restriction for that district, and pro- vided f urther that there shall be a mini- (It e m "c" a distance greater than f if teen (15) ft. ' amended by from the bulkhead line nor a distance mum opening of three (3) ft. provided in neater than three (3) f t. into any other such wall or walls for access through the Ordinance g waterwa within the City of Miami Beach. side yards. Openings as required above No. 463.) y may have operative gates, not exceeding in C. Area-ways, steps to basements and similar height, that allowed for walls in that dis- features will be permitted in side and rear trict, except as follows: yards, provided that no part of such feature shall exceed in height,thirty-six (36) inches g. Ornamental entrances, fountains, rotis- above grade and that the projection shall series, flower-bins and similar architec- not exceed twenty-four (24) inches and tural features, exceeding the wall height provided further that there shall be a clear, restrictions will be permitted, provided: unobstructed passage of not less than That no such feature shall exceed in height, twenty-eight (28) inches between such f ea- the wall height restriction for that.district tures and the lot line adjacent. Steps, ex- plus three feet and shall in no case exceed tending not more than four (4) ft. from ten (10) f t. in height above grade. That the main building and not more than thirty- no such feature shall exceed in width, ex- six (36) inches in height above grade, lead- clusive of supporting wall, one-half (1/2) ing to the basement or ground floor may the wall height restriction for that district. be constructed in the side yard on the street That no such feature shall exceed in length side of a corner lot. at grade, the wall height restriction for that district, plus ten (10) ft. That no* d. Open-type, metal fire-escapes may project such feature shall exceed in length at the forty-eight (48) inches into side and rear allowed wall height, the specified height, yard areas, provided that the botton run plus f ive (5) ft. That there shall be only shall be counter-balanced and that when one such feature in any front, side or rear the.bottom run is up there shall be at least yard, except that on lots seventy-five (75) nine (9) ft. of clear head-room below it. ft. or more in width, there may be two en- The bottom run shall be adjacent to the trance gates. building and shall be so arranged that when That, there shall be at least ten (10) ft. down, there shall be at least twenty-eight between any such f eature and any part of (28) inches of clear unobstructed passage any building on the same lot, measured at between it and the lot line adjacent. right angles from the feature. That such features shall not restrict passage through e. No main walls of any building shall en- front, rear or _side yards to less than croach on the yard areas, but architectural twenty-eight (28) inches in any place. features such as canopies, open balconies, cornices, eaves, etc. may project into side (3) PROJECTIONS INTO YARD AREAS. and rear yards not more than twenty-four (24) inches and there shall be not less than a. Chimneys may project into side and rear seven (7) f t. of clear headroom under any yards a distance not to exceed twenty-four 24 inches, provided that a clear space of such projection. Similar features may pro- not �ect not over forty-eight (48) inches into not less than twenty-eight (28) inches is front yards, provided that there shall be left between such projection and the lot a minimum of eight (8) ft. of clear head- line adjacent. The horizontal dimension of room under any such projection. the chimney at right angles to the pro- jection shall not exceed six (6) ft. f. Open terraces projecting into front yards b. No steps or platforms over thirty-six (36) shall not exceed in height two (2) ft. above inches in height above grade shall extend grade and the railing of such terrace shall into side, rear or front yards. Steps or in no case be more than three (3) ft. above platforms not exceeding thirty-six (36) the terrace. Where necessary to provide inches in height. may be railed, provided access through the side yards, terraces that such railing shall not exceed in height shall be provided with steps or ramps and above grade,that specified for walls in that gates, not less than thirty-six (36) inches district. and further, that there shall be a in width. clear, unobstructed passage of not less than twenty-eight (28) inches between such pro- g. On lots fifty (50) ft. or less, in width, a jection and the lot line adjacent. Plat- portecochere.which is not more than eigh- f orms or terraces not exceeding thirty-six teen (18) ft. in length may project over (36) inches in height may extend across any side or rear yard, provided; however, side and rear yards, provided that there that such porte-cochere does not exceed one shall be ramps or steps at least thirty-six (1) story in height, that the supporting (36) inches wide on opposite sides to pro- columns shall not exceed two (2) ft. in any vide unobstructed passage over such pro- cross-section dimension and that it shall be jections. open, full width both front and rear. PASSED AND ADOPTED this 24th day of September, Section 3. A. D., 1936. This Ordinance shall(Signed) John H. Levi 1 take effect immediately after its President of City Council passage, approval and posting. ATTEST: PASSED AND ADOPTED this 21st day of October, A. (Signed) C. W. Tomlinson D., 1936. City Clerk (SEAL) (Signed) Baron De Hirsch Meyer Vice-President of City Council t APPROVED BY ME this 25th day of September, A. D., ATTEST: 1936. (Signed) C. W. Tomlinson (Signed) Louis F. Snedigar City Clerk Mayor (SEAL) 1st Reading, August 19th, 1936. APPROVED BY ME this 22nd day of October, A. D., 2nd Reading, August 19th, 1936. 1936. 3rd Reading, September 24th, 1936. (Signed) Louis F. Snedigar Posted—September, 25th, 1936. Mayor 1st Reading, September 30th, 1936. 2nd Reading, September 30th, 1936. ORDINANCE No. 4531 3rd Reading, October 21st, 1936. Posted—October 22nd, 1936. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, .AMENDING ORDINANCE NO. 289, BEING THE ZONING OR- ORDINANCE No. 455 DINANCE OF SAID CITY, SO AS TO CHANGE THE USE AND AREA REGULATIONS OF THE AN ORDINANCE OF THE CITY OF MIAMI BEACH, FOLLOWING DESCRIBED PROPERTY: "THE FLORIDA, AMENDING SECTION 5 OF ORDIN- STRIP OF LAND ONE HUNDRED FEET IIT ANCE NO. 289 OF THE CITY OF MIAMI BEACH, WIDTH, LYING NORTHERLY OF AND IMMEDI- BEING THE ZONING ORDINANCE OF SAID ATELY ADJACENT TO FORTY-FIRST STREET CITY, BY ADDING ITEM (11) THERETO, PER- AND EXTENDING FROM ALTON ROAD TO MERI- MITTING PARKING LOTS IN THE "RE" DIAN AVENUE. MULTPLE FAMILY DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: CITY OF MIAMI BEACH, FLORIDA: Section 1. Section 1. That Section 5 of said Ordinance No. 289 of the City of That Ordinance No. 289 of the City of Miami Beach, Miami Beach, Florida, be and the same is hereby amended Florida, be and the same is hereby amended as follows: by adding thereto the following item: That the Use and Area Regulations on the follow- «It�"-- r ing described property, to-wit: ) P a king lots, only upon approval and permit Of the City Council of the City of Miami Beach, "The strip of land one hundred feet (100') Florida, and in no case permits to be issued for more in width, lying northerly of and immediately than one year." adjacent to Forty-first Street and extending from Alton Road to Meridian Avenue, in the Section 2. City of Miami Beach, Florida." All ordinances and parts of ordinances in conflict here- be and the same is hereby amended so as to change the._ with are. hereby repealed. above described land from its present Use Regulation PASSED AND ADOPTED this 4th day of November, District "RD" Single Family District classification, to A. D., 1936. what is known as the "BA" Business District classification, (Signed) Baron De Hirsch Meyer and also Vice-President of City Council ATTEST: so as to change the above described land from its present (Signed) C. W. Tomlinson Area Regulation District No. 13, to what is known as City Clerk Area Regulation District No. 19. (SEAL) Section 2. APPROVED BY ME this 4th day of November, A. D., 1936. All ordinances and parts of Ordinances in conflict here- (Signed) Louis F. Snedigar with are hereby repealed. Mayor J 1st Reading, October 7th, 1936. APPROVED BY ME this 2nd day of December, A. D., 2nd Reading, October 7th, 1936. 1936. 3rd Reading, November 4th, 1936. (Signed) Louis F. Snedigar .. Posted—November 5th, 1936. Mayor 1st Reading, Nov. 4th, 1936. 2nd Reading, Nov. 4th, 1936. ORDINANCE No. 463 3rd Reading, Dec. 2nd, 1936. Posted—Dec. 3rd, 1936. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 289, BEING THE ZONING OR- ORDINANCE No. 466 DINANCE OF SAID CITY SO AS TO CHANGE THE ITEM (1) c UNDER THE TITLE "GENERAL AN ORDINANCE OF THE CITY COUNCIL OF THE PROVISIONS" WITH REFERENCE TO THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CONSTRUCTION OF DOCKS, WHARVES, DOL- ORDINANCE NO. 289, BEING THE ZONING OR- PHINS OR STRUCTURES EXTENDING INTO DINANCE OF MIAMI BEACH, FLORIDA, SO AS BISCAYNE BAY, INDIAN CREEK AND COLLINS TO CHANGE THE AREA REGULATION OF CANAL. NAUTILUS EXTENSION SECOND. BE IT ORDAINED BY THE CITY COUNCIL OF THE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: CITY OF MIAMI BEACH, FLORIDA. Section 1. Section 1. That Ordinance No. 289 of the City of Miami Beach, That the area regulation of the following described Florida, be and the same is hereby amended as follows: property, to-wit That Item (1) c under the title "General Provi- sions", of Ordinance No. 289, be amended to read as "Nautilus Extension Second, in the corporate follows: limits of the City of Miami Beach, Florida, as per z "c. No dock, wharf, dolphin or structure of any plat recorded in Plat Book 34 at Page 81, Public kind shall be erected, constructed or recon- Records of Dade County, Florida," structed, so as to extend into Biscayne Bay a dis- be and the same is hereby amended, supplemented, tance greater than twenty-five (25) feet, or so changed and/or modified so as to change said above de- as to extend into Indian Creek a distance greater scribed property from its present area regulation District than fifteen(15) feet or so as to extend into No. 13 to what is known as Area Regulation District No. Collins Canal a distance greater than three (3) 21, as said area regulations are described in Ordinance No. feet, or so as to, extend into any other waterway 289, as amended. in the City of Miami Beach, a distance greater than five (5) feet; except that with special per- Section 2. mission of the City Council, docks, wharves, dol- All ordinances and parts of ordinances in conflict here- phins or similar structures may extend from, a with are hereby repealed. business or multiple-family lot into Biscayne Bay a distance not greater than one hundred (100) Section 3. feet. No part of any such dock, wharf, dolphin or structure shall be higher than two (2) feet This ordinance shall take effect immediately after its above the top of the adjoining seawall or the passage, approval and posting in accord with law. established grade for the seawall if none exists." PASSED AND ADOPTED this 16th day of December, Section 2. A. D. 1936. All ordinances and parts of Ordinances in conflict here- (Signed) John H. Levi, with are hereby repealed. ATTEST President of City Council Section 3. (Signed) C. W. Tomlinson This Ordinance shall take effect immediately after its City Clerk passage, approval and posting. (SEAL) PASSED AND ADOPTED this 2nd day of December, APPROVED BY ME this 16th day of December, A. D. A. D. 1936. 1936. (Signed) John H. Levi, (Signed) Louis F. Snedigar President of City Council Mayor ATTEST: 1st Reading, Nov. 18th, 1936. (Signed) C. W. Tomlinson 2nd Reading, Nov. 18th, 1936. City Clerk. 3rd Reading, Dec. 16th, 1936. (SEAL) Posted—December 17th, 1936. i' 10 - ORDINANCE No. 473 PASSED AND ADOPTED this 6th day of January, A. D., 1937. (Signed) John H. Levi, AN ORDINANCE OF THE CITY COUNCIL OF THE President of City Council CITY OF MIAMI BEACH, FLORIDA, AMENDING ATTEST: ORDINANCE NO. 289, BEING THE ZONING OR- (Signed) C. W. Tomlinson DINANCE OF 'SAID CITY, SO AS TO CHANGE City Clerk THE USE AND AREA REGULATIONS OF THE (SEAL) PROPERTY DESCRIBED HEREIN. - f APPROVED BY ME THIS 6th day of January, A. D. BE IT ORDAINED BY THE CITY COUNCIL OF THE 1937. CITY OF MIAMI BEACH, FLORIDA: (Signed) Louis F. Snedigar Mayor. Section 1. 1st Reading, Dec. 16th, 1936. 2nd Reading, Dec. 16th, 1936. That Ordinance No. 289 of the City of Miami Beach 3rd Reading, Jan. 6th, 1937. Florida, be and the same is hereby amended as follows: Posted—Jan. 7th, 1937. That the Use and Area Regulations on the following described property, to-wit: ORDINANCE No. 474 t; Beginning at a point on the south line of Section 2, AN ORDINANCE OF THE CITY COUNCIL OF THE T. 53 S., R. 42 E., known as Government Meander CITY OF MIAMI BEACH, FLORIDA, AMENDING Corner and described as such in the survey notes of ORDINANCE NO. 289, BEING THE ZONING OR- "Survey of United States Coast Guard Life Saving DINANCE OF SAID CITY, SO AS TO CHANGE Station in Section 2, T. 53 S., R. 42 E.," made in 1921 THE AREA REGULATIONS OF BLOCKS E, H, I, by Albert Smith, Jr., United States Cadastral Engi- K, L AND N, 09 R, S, W, HIBISCUS ISLAND. ,t neer; thence following the said south line of Section 2 S. 87 degrees, 56 minutes west a distance of 669.06' BE IT ORDAINED BY THE CITY-'COUNCIL OF THE to a point; thence N. 33 degrees 44 minutes west for CITY OF MIAMI BEACH, FLORIDA: a distance of 650', more or less, to a point ori the Section 1. south line, produced westerly, of Harding Townsite, i. as shown on a Plat recorded in Plat Book 34, Page 4, That Ordinance No. 289 of the City of Miami Beach, x' of the Public Records of Dade County, Florida; thence Florida, be and the same is hereby amended as follows: easterly along the said south line of Harding Town- That the Area Regulations on the following described site produced westerly, N. 87 degrees, 34 minutes, 30 property, to-wit seconds east a distance of 775', more or less, to a point Blocks "E" "H" "I" "K" "L" "N" "O" "R" on the Government Meander Line; thence following ' S and W , Hibiscus Island, in the City of Miami the said Government Meander Line in a southerly di- Beach, Florida, as same is shown on a plat recorded rection as follows: S. 39 degrees, 40 minutes east a in Plat Book 34, Page 87, of the Public Records of distance of 185.2' to a point; thence south 68 degrees, Dade County, Florida, 25 minutes east a distance of 190.1' to a point; thence south 15 degrees, 50 minutes west a distance of 271.9' be and the same is hereby amended so as to change the to the point of beginning, above described land from its present Area Regulation District No. 14 to what is known as Area Regulation Dis- be and the same is hereby amended so as to change the trict No. 22. above described land from its present Use Regulation Dis- triet"BG" Business District,to what is known as the "RE" Section 2. Multiple Family District, and also All ordinances and parts-of ordinances in -conflict here- with are hereby repealed. so as to change the above described land from its present Section 3. Area Regulation District No. 1, to what-is known as Area Regulation District No. 17. This ordinance shall take effect immediately after its passage, approval and posting. - Section 2. PASSED AND ADOPTED this 6th day of January, A. All ordinances and parts of ordinances in conflict here D. 1937. (Signed) John H. Levi, with are hereby repealed. - President of City Council Section 3. ATTEST: (Signed) C. W. Tomlinson This ordinance shall take effect immediately after its City Clerk passage, approval and posting. (SEALS . 11 APPROVED BY ME this 6th day of January, A. D., ORDINANCE No. 481 1937. (Signed) Louis F. Snedigar Mayor AN ORDINANCE OF THE CITY COUNCIL OF THE 1st Reading, Dec. 16th, 1936. CITY OF MIAMI BEACH, FLORIDA, AMENDING 2nd Reading, Dec. 16th ,1936. SECTION NO. 16 OF ORDINANCE NO. 289 BEING 3rd Reading, Jan. 6th, 1937. THE ZONING ORDINANCE OF THE CITY OF Posted—Jan. 7th, 1937. MIAMI BEACH, FLORIDA, BY ADDING THERE- TO AREA DISTRICT NO. 33. BE IT ORDAINED BY THE CITY COUNCIL OF THE ORDINANCE No. 480 CITY OF MIAMI BEACH, FLORIDA: Section 1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH FLORIDA, AMENDING That Section No. 16 of Ordinance No. 289, of the ORDINANCE NO. 289 OF THE CITY OF MIAMI City of Miami Beach, Florida, be and the same is hereby. amended by adding thereto the following paragraph after BEACH, FLORIDA, SO AS TO CHANGE THE USE REGULATIONS OF BLOCKS 1, 49 5 AND 8 OF 41ST District No. 32. STREET BUSINESS SUBDIVISION. "District No. 33. There shall be a front yard having BE IT ORDAINED BY THE CITY COUNCIL OF THE a depth of not less than fifteen (15) Leet. There shall CITY OF MIAMI BEACH, FLORIDA: be a rear yard having a depth of not less than five (5) f eet and there shall be a side yard having a width Section 1. of not less than seven and one-half (71/2) feet on either side of a building." That the use regulation of the following described pro- perty, to-wit: Section 2. Blocks 1, 4, 5 and 8 of 41ST STREET BUSINESS All ordinances and parts of ordinances in conflict here- SUBDIVISION, according to a plat recorded in with are hereby repealed. Plat Book 34 at Page 92 of the Public Records of Dade County, Florida, Section 3. be and the same is hereby amended so as to change said This ordinance shall take effect immediately after its property from its present "BA" Business District classi- passage, approval and posting. fication, to what is known as "BAA" Business District PASSED AND ADOPTED this 17th day of March, A. classification as said use regulations are described in D. 1937. Ordinance No. 289, as amended. (Signed) John H. Levi Section 2. President of City Council ATTEST: All ordinances and parts of ordinances i&conflict here- (Signed) C. W. Tomlinson with be and they are hereby repealed. City Clerk (SEAL) Section 3. APPROVED BY ME this 17th day of March, A. D. 1937. This ordinance shall take effect immediately after its (Signed) Louis F. Snedigar passage, approval and posting in accordance with law. Mayor PASSED AND ADOPTED this 17th day of March A. 1st Reading, Jan. 20th, 1937. D., 1937. 2nd Reading, Jan. 20th, 1937. (Signed) John H. Levi 3rd Reading, Mar. 17th, 1937. President of City Council Posted---Mar. 19th, 1937. y, ATTEST: (Signed) C. W. Tomlinson ORDINANCE No.482 City Clerk (SEAL) AN ORDINANCE OF THE CITY COUNCIL OF THE APPROVED BY ME this 17th day of March A. D., 1937. CITY OF MIAMI BEACH, FLORIDA, AMENDING (Signed) NO. 289, BEING THE ZONING OR- (Signed) Louis F. Snedigar DINANCE OF SAID CITY, SO AS TO CHANGE Mayor THE AREA REGULATIONS OF THE PROPERTY 1st Reading, February 17th, 1937. DESCRIBED HEREIN. 2nd Reading, February 17th, 1937. 3rd Reading, March 17th, 1937. BE IT ORDAINED BY THE CITY COUNCIL OF THE Posted--March 18th, 1937. CITY OF MIAMI BEACH, FLORIDA: 1G Section 1. ::.-._.... That Ordinance No. 289 of the City of Miami Beach, Florida, be and the same is hereby amended-as follows: - -.- That the Area Regulation on the following described property, to-wit: _ .. ..._. 7 7. Subdivisionof Block 11-A, Island View Addition, in the City of Miami Beach, Florida, as same is shown on a Plat recorded in Plat Book No. 34 at .Page.97, Public Records of Dade County, Florida, - „be and the same is hereby amended so as to change the p A' above described land from its present Area Regulation District No. 13, to what is known a-s Area Regulation District No. 33. • -" ( Section 2. f ,� All ordinances and arts of ordinances i - �• �� ~ - p n conflict here- with are hereby repealed Section 3. This ordinance shall take effect immediately after its passage, approval and posting. PASSED AND ADOPTED this 7th da of April, A. D. 1937. Y. p.. ' . : _ ..... :._ _ ....: . __. .. ._ (Signed) John H. Levi President of City Council ATTEST: . . _ :.. (Signed) C. W. Tomlinson City Clerk; (SEAL) APPROVED BY ME this 7th day of April, A. D., 1937. (Signed) Louis F. Snedigar °i Mayor 1st Reading, March 17, 1937. 2nd Reading, March 17, 1937. 3rd Reading, April 7, 1937. Posted—April 8, 1937. boote.00&4 "0(7'q �3 -r" i ,� I i i I i I 1 ORDINANCE NO. 289 Zoning of Miami Beach, Florida Amended as of May 7, 1936 AN ORDINANCE TO REGULATE AND RESTRICT character of the district and its peculiar suitability for THE ERECTION, RECONSTRUCTION, ALTERA- particular uses, and with a view to conserving the value TION, LOCATION AND USE OF BUILDINGS, of buildings and encouraging the most appropriate use STRUCTURES, LAND AND WATER, FOR TRADE, of land throughout said City in accordance with a com- INDUSTRY, RESIDENCE, OR OTHER PURPOSES; prehensive plan: TO REGULATE AND RESTRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES HERE- NOW, THEREFORE, BE IT ORDAINED by the City AFTER ERECTED OR ALTERED, THE SIZE AND Council of the City of Miami Beach, Florida DIMENSIONS OF YARDS, COURTS AND OTHER SECTION 1. OPEN SPACES SURROUNDING BUILDINGS; TO DEFINITIONS: For the purpose of this Ordinance, REGULATE AND RESTRICT BUILDING LINES certain terms and words are herein defined. Words used AND THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, AND THE DENSITY OF POPULA- in the present tense include the future; the singular number includes the plural, and the plural the singular; ' TION, AND FOR SAID PURPOSES TO DIVIDE THE CITY OF MIAMI BEACH INTO DISTRICTS the words "used for" include the meaning "designed for"; OF SUCH NUMBER, SHAPE AND AREA AS MAY the word "structure" includes the word "building"; the BE DEEMED BEST SUITED TO CARRY OUT word shall is mandatory, and not directory, the word THESE REGULATIONS, AND FOR EACH SUCH "lot" includes the words "plot" and "tract." DISTRICT TO IMPOSE REGULATIONS AND RE- ACCESSORY BUILDING: A subordinate building, or STRICTIONS DESIGNATING THE KINDS OR portion of the main building, which is located on the CLASSES OF TRADES, INDUSTRIES, RESI- same lot as the main building or on an adjacent lot, the DENCES OR OTHER PURPOSES FOR WHICH use of which building is clearly incidental to the use of BUILDINGS OR OTHER STRUCTURES OR PREM- the main building. ISES MAY BE PERMI'T'TED TO BE ERECTED, ALTERED OR USED; TO PROVIDE A METHOD ACCESSORY USES: Uses customarily incident to the FOR AMENDMENT, SUPPLEMENT, CHANGE, principal uses as permitted, but not including any com- MODIFICATION AND REPEAL OF REGULA- mercial activity. TIONS, RESTRICTIONS AND BOUNDARIES; TO ALLEY: Any roadway, place or public way dedicated PROVIDE A METHOD OF ADMINISTRATION to public use and twenty X20) feet or less in width, unless TO PROVIDE A BOARD OF ADJUSTMENT AND otherwise officially designated as a street. PRESCRIBE ITS POWERS AND DUTIES, AND TO PRESCRIBE PENALTIES FOR THE VIOLATION APARTMENT: A dwelling designed for occupancy OF THE PROVISIONS OF THIS ORDINANCE AND otherwise than as a one-family dwelling, or a two-family ALSO PROVIDE FOR ITS ENFORCEMENT. dwelling. The term "Multiple Dwelling" shall be under- stood to include apartment houses, bungalow courts, and WHEREAS, by the provisions of Chapter 9837, No. 719, all other family dwellings of similar character, but not Special Laws of Florida, 1923, authority is conferred upon to include hotels or apartment hotels. the City of Miami Beach to establish districts or zones within its corporate limits for the purpose of regulating APARTMENT HOTEL: An apartment building, under resident supervision, which maintains an inner lobby the use of land and buildings, the height of buildings, the sthrough which all tenents must pass to gain access to the size of open spaces surrounding buildings and density of population, and apartments and which may furnish dining room service WHEREAS, the City Council of the City of Miami for tenants only. (427)*t.."k-7 Beach deems it necessary in order to lessen congestion in BUILDING: Anything constructed or erected, the use the streets: to secure safety from fire, panic and other of which demands a permanent location on the land; or dangers: to'promote health and general welfare: -to pro-, anything attached to something having a permanent loca- vide adequate light and air: to prevent the overcrowding tion on the land. of land: to avoid undue concentration of population: to BUNGALOW COURTS: (House Courts): A "Bunga- facilitate the adequate provisions of transportation, low Court" or "House Court" is a group of two or more water, sewerage, schools, parks and other public require- single-family dwellings on one or more adjoining lots, ments,- to make and promulgate such regulations with having a separate outside entrance on the ground floor reasonable consideration, among other things, to the level for each single-family dwelling. 2 CLUB, PRIVATE: The term "Private Club" shall per- or waterway, which is or may be occupied by a building ta.in to and include those associations and organizations of and its accessory buildings, including the open spaces re- a fraternal or social character, not operated or main- quired under this ordinance, and which parcel of land is tained for profit. "Private Clubs" shall not include ca- a matter of record in Dade County, Florida. sinos, night clubs, or other institutions operated as a business. LOT, CORNER: A lot abutting on two or more streets at their intersection. CLUB, NIGHT: The term "Night Club"shall pertain to and include restaurants, dining rooms or other similar es- tablishments where floor show or other form of lawful LOT, THROUGH: An interior lot having frontage on entertainment is provided for guests after 11:00 o'clock two streets. P. M. (388) LOT, DEPTH: The depth of a lot, for the purposes of COURT: AN open, unoccupied, unobstructed space, this ordinance is the distance measured in the mean di- other than a yard, on the same lot as a building. Trees rection of the side lines of the lot from the midpoint of or shrubs may be used in a.court. ,L - the street lot line or bulkhead line, to the opposite main re h rear line of the lot. COURT, INNER: A court not extending to a street or alley or to a front, side or rear yard. LOT LINES: The lines bounding a lot as defined COURT OUTER: A court extending to a street or herein. alley or to a front, side or rear yard. „ LOT WIDTHS: The width of a lot,for the purposes of DWELLING, MULTIPLE-FAMILY: See,Apartment. this ordinance,is y mean width measured at right angles to its depth. DWELLING, TWO-FAMILY: A detached building, di- MIXED OCCUPANCY: Occupancy of a building or vided horizontally or vertically and designed for or occu- p y g land for more than one use. pied by two single-family housekeeping units; contained entirely under one roof and having one dividing partition NON-CONFORMING USE: A building or land occu- common to each unit or having the ceiling structure of pied by a use that does not conform with the regulations the lower unit the floor structure of the unit above. (427) or the use district in which it is situated. DWELLING, ONE-FAMILY: A detached building de- PLACE: An open, unoccupied public space other than signed for or occupied exclusively by one family. a street or alley, permanently reserved for purposes of joint access to abutting property. FAMILY: One or more persons occupying premises and living as a single housekeeping unit, as distinguished PORCH: A roofed space open on three sides, one or from a group occupying a boarding house, a lodging house two stories in height. or hotel, as herein defined. SERVICE STATION: A building where gasoline, oil GARAGE, MECHANICAL: Any premises, except those and greases are supplied and dispensed to the motor ve- described as a private or storage garage, where automo- hicle trade, also where battery, tire and other similar tive vehicles are mechanically repaired, rebuilt or recon- services are rendered. -Asructed. SETBACK: The 'minimum horizontal distance between GARAGE, PRIVATE: A garage in which no business, the street line and the front line of the building or any service or industry connected directly or indirectly with projection thereof excludng steps and terraces. motor vehicles is carried on. STREET: A thoroughfare which affords principal GARAGE, STORAGE: Any premises, except those de- means of access to abutting property. scribed as a private garage, used for the storage only of automotive vehicles, or where any such vehicles are kept STRUCTURE: Anything constructed or erected, the for remuneration, hire or sale. use of which requires more or less permanent location on the land, or attached to something having a permanent GASOLINE AND OIL FILLING STATIONS: A struc- location on the land. ture or place where gasoline, oil and greases are supplied STRUCTURAL ALTERATIONS: An chane exce t and dispensed to the motor vehicle trade, but no repair y g , p work performed. (427) for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or GOLF COURSE,: The standard size golf course hav- girders. ing nine, eighteen or more holes, installed on tracts hav- YARD: An open space on the same lot with a building ing an area greater than forty (40) acres. unoccupied and unobstructed from the ground upward, HOTEL: A building or premises where lodging accom- except as otherwise provided herein. modations of more than five (5) rooms are provided. (340) YARD, FRONT: An unoccupied area between the front LOT: A parcel of land fronting on a street, place, way property line (either street or bulkhead of any waterway) J and the front line. of any main or accessory building, with the area regulations herein established, and shown measured at its least dimension and extending from one on the Area Map. side yard to the other, exclusive of steps and open ter- Every building hereafter erected, constructed, recon- races. (294) structed or structurally altered shall be located on a lot as herein defined, and in no case shall there be more than YARD, REAR: An unoccupied area extending across the full width of the lot between the rear line of any one building on one lot except hereinafter provided for. main or accessory building and the rear line of the lot, SECTION 3. and measured at its least dimension. *i�1 YARD, SIDE: An unoccupied area between a main or USE REGULATIONS accessory building and the side line of the lot and extend- ing from the street line to the rear yard, measured at its In the "RAA," "RA," "RB" and "RC" Estate Districts least dimension. no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or struc- SECTION 2. turally altered which is designed, arranged or intended to be occupied or used for any purpose other than a sin- DISTRICTS gle-family residence, together with its accessory build- In order to regulate and restrict the location of trades ings, and in accord with the area provisions as hereinafter defined. and industries and the location of buildings erected, con- structed, reconstructed or structurally altered for spe- cific uses, and to regulate the size of buildings and other SECTION 4. structureshereafter erected or altered, to regulate and USE REGULATIONS determine the size and dimensions of yards, courts and Single-Family District other open spaces and to regulate and limit the percentage of lot that may be occupied and the density of population, In the "RD" Single-Family District no building or land the City of Miami Beach, Florida, is hereby divided into shall be used and no building shall be hereafter erected, use and area districts as follows: constructed, reconstructed or structurally altered whch is designed, arranged or intended to be used or occupied Use Districts for any purpose unless otherwise provided for, excepting 1. RAA, RA, RB and RC Estate Districts. for one or more of the following uses 2. RD Single-Family District. ,,,. ', (1) Any use permitted in the "RC" Estate District. 3. RDD Modified Single-Family District. (2) Single-family dwellings. (3) Parks, playgrounds or municipal buildings, owned 4. RE Multiple-Family District. and operated by the City of Miami Beach. 5. BAAA, BAA, BA, BB, BC, BD, BE, BF and BG Busi- (4) Golf Courses. ness Districts. (427) (5) Accessory buildings, including a private garage. Area Districts SECTION 4-A. Area Districts numbered 1 to 31 inclusive. (427) � USE REGULATIONS The City of Miami Beach, Florida, is hereby divided Modified Single-Family District into use and area districts aforesaid, and the boundaries f of such districts are shown on the use and area maps (385) attached hereto, which, together with the legends, words, In the "RDD" Modified Single-Family District no figures, letters, symbols and other explanatory matter building or land shall be used and no building shall be thereon, shall be made parts of this ordinance as if the hereafter erected, constructed, reconstructed or structur- matters and information set forth thereon were all fully ally altered which is designed, arranged, or intended to be described herein. used or occupied for any purpose unless otherwise pro- This ordinance shall be known as the "Zoning Ordi- vided for, excepting for one or more of the following uses. nance of Miami Beach, Florida," and the maps hereto (1) Any use permitted in the "RD" Single-Family attached designated as the "District Maps." district. No building shall be erected, constructed: reconstructed (2) Two-Family dwellings. or structurally altered, nor shall any building or land be used for any purpose other than the use permitted in the Use District in which such building or land is SECTION 5. located. USE REGULATIONS No lot area shall be so reduced or diminished that the Multiple-Family District yards or other open spaces shall be smaller than pre- scribed by this ordinance, nor shall the density of popu- In the "RE" Multiple-Family District, no building or lation be increased in any manner except in conformity land shall be used and no building shall be hereafter 4 erected, constructed, reconstructed or structurally altered (16) Luggage shops. which is designed, arranged or intended to be used for (17) Sales and show rooms. any purpose, unless otherwise provided for in this ordi- (18) Hotels or Apartment Houses with Fifty (50) or nance, except for one or more of the following uses: more guest rooms may contain, or erect In con- . junction as accessory buildings, business estab- (1) Any use permitted in the "RD Modified Single- lishments of the "BAA" classification, Family District. (427) or other similar enterprises or businesses which are not (2) Multiple-family dwellings or apartments in ac- more obnoxious or detrimental to the welfare of the par- cord with the area provisions hereinafter defined, ticular community than the enterprises or businesses above and accessory buildings. enumerated, provided that this shall not be interpreted to (3) Hotels. include: (4) Hotels with one hundred (100) or more guest Bars or Bar-rooms, or restaurants, except in conjunction rooms may contain business establishments of the with an Hotel or Apartment House of Fif ty (50) or more "BAA" classification providing the exterior of the Y guest rooms. =_1r%_r building shall not contain store fronts or have 0 .0000 the appearance of commercial or mercantile ac- tivities or any display of articles or services f or SECTION 6. sale which are visible from the exterior of the USE REGULATIONS building or on the grounds facing a public high- "BAA" Business District way or water frontage, and providing further that businesses established under the provisions of In the "BAA" Business District no building or land shall this section shall only be entered from within the be used and no building shall be hereafter erected, con- building. structed, reconstructed or structurally altered which is (5) Private clubs, only upon approval and permit by designed, arranged or intended to be occupied or used the city council of the City of Miami Beach. (389) for any purpose, unless otherwise provided for in this (6) Bungalow or house courts. ordinance, excepting for one or more of the following (7) Apartment hotels. Provision for exterior ap- uses: pearances to be the same as provided in Item � No. 4 f or Hotels. (1) Any use permitted in the "BAAA" Business (8) Miniature golf courses. District. (427) (9) Public or private schools. (2-)Banks r (10) Accessory uses f or tenants .only. (427) (3) Barber shops. � � (4) Restaurants. YJl '# (5) Modiste, wearing apparel, furriers. ` Q SECTION 5-A y { �� (6) Lodge halls. + USE REGULATIONS (7) Telegraph stations. "BAAA" Business District (8) Millinery shops. (381) (9) Offices. (10) Interior decorating, costuming, draperies. In the "BAAA" Modified Business District, no building 11) Antique shops. or land shall be used and no building shall be hereafter ( q (12) Jewelry stores. erected, constructed, reconstructed or structurally altered (13) Photograph galleries. which is designed, arranged or intended to be used for any (14) Post offices. purpose, unless otherwise provided for in this ordinance, (15) Furniture stores. except for one or more of the following uses: (16) Telephone exchanges. (1) Any use permitted in the "RE" Multiple-Family (17) Theaters and motion picture houses. District. (18) Beauty parlors. (2) Banks. (19) Confectionery and ice cream stores. (3) Modiste, wearing apparel, furriers. (20) Drug stores. (4) Millinery shops. (21) Stationery stores. (5) Offices, including brokerage houses. (22) Music stores and radio stores. (6) Interior decorating, costuming, draperies. (23) Shoe stores. (7) Antique shops. (24) Sporting goods stores. (8) Jewelry stores. (25) Luggage shops. (9) Furniture stores. (26) Bathing casinos. (1f}) Telephone exchanges. � (27) Sales and show rooms. (11) Conf ectonery and ice cream stores. (28) Hardware stores, (12) Drug stores. or other similar enterprises or businesses, which are not (13) Stationery stores. more obnoxious or detrimental to the welfare of the par (14) Shoe stores. ticular community than the enterprises or businesses here- in enumerated. (15) Sporting goods stores. �N t 5 SECTION 7. be used and no building shall be hereafter erected, con- USE REGULATIONS structed, reconstructed or structurally altered which is "BA" Business District designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for in this In the "BA" Business District no building or land shall ordinance, excepting for one or more of the following be used and no building shall be hereafter erected, con- uses: structed, reconstructed or structurally altered which is designed, arranged or intended to be occupied or used for (1) Any use permitted in the "BB" Business District. any purpose, unless otherwise provided for in this ordi- (2) Garages for mechanical service. nance, excepting for one or more of the following uses: (3) Automobile storage, sale or "cars for hire" lots. (4) Tinsmiths, roofers or plasterers. (1) Any use permitted in the "BAA" Business Dis- (5) Hand laundries. trict. (6) Dry cleaning and dyeing establishments. (2) Grocery stores. (7) Dance halls. I (3) Meat markets (except the handling of live,poul- (8) Billiard parlors. Q�� try). (294) 0) Locksmith shops, sharpening and grinding shops. (4) Mortuaries, only upon approval and permit of (10) Painting and decorating shops. the City Council of Miami Beach. (306, 333) (11) Cabinet making, carpentry. (5) Night clubs, only upon approval and permit by the (12) Wholesale salesrooms and storage rooms. City Council of the City of Miami Beach, (390) , (13) Amusement enterprises. or any other similar enterprises or businesses, which are (14) Cigar or cigarette making. not more obnoxious or detrimental to the welfare of the (15) Artificial flower manufacture. particular community than the enterprises or businesses (16) Leather goods manufacture, excluding tanning. hereip enumerated. 8 (17) Metal working shops. ` —�-�:� ¢' (18) Bottling beverages. SECTION 8. g (19) Bakeries. USE REGULATIONS (20) Barbecue stands. "BB" Business District (21) Contractors plant and storage yards providing In the "BB" Business District no building or land shall the area used is inclosed by a building or by a be used and no building shall be hereafter erected, con- masonry wall not less than six (6) feet in height. structed, reconstructed or structurally altered which is (22) Service stations. designed, arranged or intended-to be occupied or used (23) Pawn shops, (306) or other similar enterprises or businesses, which are not for any purpose, unless otherwise provided for in this more obnoxious or detrimental to the welfare of the par- ordinance, excepting for one or more of the following uses: ticular community than the enterprises or businesses here- (1) Any use permitted in the "BA" Business District. in enumerated. (2) Omitted. (427) (3) Public storage garages. SECTION 10. (4) Pressing clubs. USE REGULATIONS (5) Storage warehouses. "BD" Business District (6) Conservatories. (7) Printing shops. In the "BD" Business District no building or land shall (8) Retail plumbing stores and shops. be used and no building shall be hereafter erected, con- (9) Gasoline or oil filling stations, only upon approval structed, reconstructed or structurally altered which is and permit by the City Council of Miami Beach. designed, arranged or intended to be used or occupied for (342) any purpose, unless otherwise provided for in this ordi- (10) Awning stores. nonce, excepting for one or more of the following uses: (11) Employment agencies. (1) Any use permitted in the "BC" Business District. (12) Shoe repairing shops. (2) Boat or yacht storage and repair. (13) Retail electric and repair shops. (3) Building material storage yards. (14) Fish markets, only upon approval and permit of (4) Cast or art stone manufacture. the City Council of Miami Beach, (306, 333) (5) Concrete block manufacture. or any other similar enterprises or businesses, which are (6) Novelty works. not more obnoxious or detrimental to the welfare of the (7) Marine warehouses. particular community than the enterprises or businesses (8) Machine shops. herein enumerated. (9) Boat slips. SECTION 9. (10) Ship Chandlery. (11) Blacksmith, gas, steam fitting shops, USE REGULATIONS or other similar enterprises or businesses, which are not "BC" Business District more obnoxious or detrimental to the welfare of the par- In the "BC" Business District no building or land shall ticular community than the enterprises or businesses 6 herein enumerated. All of the above businesses to be con- SECTION 14. ducted within buildings or within areas enclosed by ma- NON-CONFORMING USES sonry walls not less than six (6) feet in height. The lawful use of land existing at the time of the pas- SECTION 11. sage of this ordinance or an amendment thereto, although such use does not conform to the provisions hereof, may USE REGULATIONS be continued; but if such non-conforming use is discon- "BE" Business District tinued, any further use of said land shall be in conform- In the "BE" Business District no building or land ity with the provisions of this ordinance. Id The lawful use of the building existing at the time of shall be used and no building shall be hereafter erect constructed reconstructed or structurally altered which the passage of this ordinance or of an amendment thereto ' may be continued although such use does not conform is designed, arranged or intended to be occupied or used y � g for an purpose, unless otherwise provided for in this with the provisions hereof, and such use may be extended y p p throughout, the building provided no structural altera ordinance, excepting for one or more of the following uses tions, except those required by law or ordinance, or (1) Any use permitted in the "BD" Business District. ordered by an authorized officer to assure the safety of (2) Oil and/or gasoline storage tanks, subpect to ap- the building, are made therein. If no structural altera- proval and permit by the City Council. tions are made, a non-conforming use of the building may (3) Live poultry markets and/or slaughtering of be changed to another non-conforming use of a higher poultry, (306) restricted classification. or other similar enterprises or businesses, which are not The foregoing provisions shall also apply to non-con- more obnoxious or detrimental to the welfare of the par- forming uses in districts hereafter changed. ticular community than the enterprises or businesses Nothing in this ordinance shall be taken to prevent the herein enumerated. All of the above businesses to be restoration of a building destroyed to the extent of not conducted within buildings or within areas enclosed by more than fifty (50) percent of its reasonable value by masonry walls not less than six (6) feet in height. fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building after restoration. SECTION 12. Whenever a non-conforming use of a building has been USE REGULATIONS discontinued for a period of one (1) year or more, such "BF" Business District non-conforming use shall not thereafter be reestablished, and the future use shall be in conformity with the pro- In the "BF" Business District no building or land shall visions of this ordinance. be used and no building shall be hereafter erected, con- structed, reconstructed or structurally altered which is �,. SECTION 15. designed, arranged or intended to be used or occupied for r an purpose, unless otherwise provided for in this ordi- In all Use Districts, hereinbefore designated, every y building hereafter erected, constructed, reconstructed or nance, excepting for one or more of the following uses: g structurally altered shall provide a lot area per family (1) Any use permitted in the "BE" Business District. of not less than the following: 2 Shipyards and dr docks. ( ) y y e tanks. (1) "RAA" Estate District 40,000 sq. ft. per f amily (3) Oil and/or gasoline storage g Hazardous industries only upon approval and (2) "RA" Estate District 30,000 sq. ft. per family (4) permit b the City Council of Miami Beach. (3) "RB" Estate District 18,000 sq. ft. per family �5 An other use trade or industry which is not (4) "RC" Estate District 10,000 sq. ft. per family ( ) y (5) "RD" Single-family Dist. 6,000 sq. ft. per family likely to become objectionable by reason of the emission of dangerous, unwholesome, foul, nau- (5-A) "RDD" Modified Single-Family District. seous or offensive gases, odors, fumes or other 6,000 sq. ft. per family for single-familydvvell- dischar es. Ings. 5,000 sq. ft. per family for two-family g dwellings. (427) SECTION 13. (6) "RE" Multiple-Family District. a. Single-family 5,600 sq. ft. of lot arear per USE REGULATIONS family. (294) "BG" Business District a-1. Two-family dwellings shall provide a mini- " Business District no building or land shall mum area of not less than 2800 sq. ft. of land In the BG Bus e g area per family. (427) be used and no building shall be hereafter erected, con- structed, reconstructed or structurally altered which is b. Multiple-family dwellings shall provide a floor designed, arranged or intended to be used or occupied area of not less than four hundred (400) square for any purpose, unless otherwise provided for in this feet per family-unit. ordinance, except for the following use: c. Bungalow or house courts hereafter erected, (1) Unrestricted. constructed, reconstructed or structurally altered r 7 shall provide a minimum area of not less than thirty (30) feet when measured from the street twenty-eight hundred (2800) square feet of line. There shall be a side yard having a width of ground area per family, and further, a distance not less than five (5) f eet on either side of a build- of at least ten (10) feet at its least dimension ing. shall be provided between building walls, and at least thirty (30) per cent of the gross lot area DISTRICT No. 7. There shall be a front yard having a shall be devoted to an outer .court for safe in- depth of not less than forty (40) feet when meas- gress and egress. ured from any waterway, bay or ocean. There (7) "BAAA," "BAA," "BA, "BB," "BC," "BD," shall be a rear yard having a depth of not less "BE," "BF" and "BG" Business Districts. In all than twenty-five (25) feet when measured from the business district buildings erected for dwelling street line. There shall be a side yard having a purposes shall comply with the lot area and floor width of not less than five (5) feet on either side area per family regulations prescribed for the of a building. "RE" Multiple-family District. Buildings con- DISTRICT No. 8. There shall be a frontr having structed for residential uses in business zones ya d a depth of not less than forty (40) feet when meas- shall provide a five-foot side yard on either side ured from any waterway,bay or ocean. There shall above the first story. (427) '..a be a rear yard having a depth of not less than twenty (20) feet when measured from the street SECTION 16. line. There shall be a side yard having a width of AREA REGULATIONS not less than five (5) f eet on either side of a build- In all Area Districts, hereinafter designated, there shall ing. be front, rear and side yards provided of no less dimen- DISTRICT No. 9. There shall be a front cions than specified as follows: ,yard having a depth of not less than fifteen (15) feet when meas- DISTRICT No. 1. No restrictions. ured from any waterway, bay or ocean. There shall DISTRICT No. 2. There shall be a front yard having a be a rear yard having a depth of not less than ten depth of not less than one hundred (100) feet when (10) feet when measured from the street line. measured from any waterway, bay or ocean. There There shall be a side yard having,a width of not shall be a rear yard having a depth of not less than less than five (5) f eet on either side of a biuld�ng. fifty (50) feet when measured from the street line. DISTRICT No. 10. There shall be a front yard having a There shall be a side yard having a width of not depth of not less than twenty-five (25) feet when less than five (5) f eet on either side of a building. measured from any waterway, bay or ocean. There DISTRICT No. 3. There shall be a front yard having a shall be a rear yard having a depth of not less than E depth of not less than one-hundred (100) feet when fifteen (15) feet when measured from the street measured from any waterway, bay or ocean. There line. There shall be a side yard having a width of shall be a rear yard having a depth of not less than not less than five (5) f eet on either side of a build- twenty-five (25) feet when measured from the ing. street line. There shall be a side yard having a DISTRICT No. 11. There shall be a front yard having a width of not less than five (5) feet on either side depth of not less than forty (40) feet. There shall of a building. be a rear yard having a depth of not less than five DISTRICT No. 4. There shall be a front yard having a (5) feet. There shall be a side yard having a width depth of not less than sixty-five (65) feet when of not less than five (5) f eet on either side of a measured from any waterway, bay or ocean. There building. shall be a rear yard having a depth of not less than DISTRICT No. 12. There shall be a front yard having a ten (10) feet when measured from the street line. depth of not less than thirty (30) feet. There shall There shall be a side yard having a width of not be a rear yard having a depth of not less than five less than five (5) feet on either side of a building. (5) feet. There shall be a side yard having a width DISTRICT No. 5. There shall be a front yard having a of not less than five (5) feet on either side of a depth of not less than forty (40) feet when meas- building. ured from any waterway, bay or ocean. There DISTRICT No. 13. There shall be a front yard having a shall be a rear yard having a depth of not less depth of not less than twenty-five (25) feet. There than ten (10) feet when measured from the street shall be a rear yard having a depth of not less E line. There, shall be a side yard having a width of than five (5) feet. There shall be a side yard hav- not less than five (5) f eet on either side of a build- ing a width of not less than five (5) feet on either ing. side of a building. Buildings on lots fronting or ! DISTRICT No. 6. There shall be a front yard having a abutting on the southern side of Collins Canal from depth of not less than forty (40) feet when meas- the alley east of Alton Road to the alley east of ured from any waterway, bay or ocean. There Meridian Avenue will not require a front yard nor I shall be a rear yard having a depth of not less than will they require a side yard along the Canal. E i E 8 DISTRICT No. 14. There shall be a front yard having a be a side yard having a width of not less than ten depth of not less than twenty (20) feet. There shall (10) f eet on either side of a building. be a rear yard having a depth of not less than five DISTRICT No. 21. There shall be a front yard having a (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a depth of not less than thirty (30) feet when meas- building. ured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than DISTRICT No. 15. There shall be a front yard having a twenty (20) feet when measured from the street depth of not less than fifteen (15) f eet on lots line. There shall be a side yard having a width of facing Collins Avenue, Indian Creek Drive or on not less than ten (10) feet on either side of a the ocean. On lots f acing on the streets connecting building. said Avenue and Drive this front yard shall have DISTRICT No. 22. There shall be a front a depth of not less than five (5) feet. There shall yard having a be a rear yard having a depth of not less than depth of not less than twenty (20) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. width of not less than ten (10) feet on either side of a building. DISTRICT No. 16. There shall be a front yard having a DISTRICT No. 23. There shall be a front yard having depth of not less than fifteen (15) feet. There shall a depth of not less than ten (10) feet. There shall be a rear yard having a depth of not less than five be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width (5) feet. There shall be a side yard having a width of not less than five (5) f eet on either side of a of not less than ten (10) feet on either side of a building. building. DISTRICT No. 17. There shall be a front yard having a DISTRICT No. 24. There shall be a front yard having a depth of not less than ten (10) f eet. There shall be depth of not less than five (5) f eet. There shall be a rear yard having a depth of not less than five (5) a rear yard having a depth of not less than five (5) f eet. There shall be a side yard having a width of f eet. There shall be a side yard having a width not less than five (5) f eet on either side of a of not less than five (5) f eet on either side of a building. building. Provided, however, that in business districts corner DISTRICT No. 25. There shall be a front yard having a lots shall not require a side yard on the side of depth of not less than fifty (50) feet. There shall the lot abutting on the street side. (425) be a rear yard having a depth of not less than five In the area lying between Collins Avenue and Miami (5) f eet. There shall be a side yard having a width Beach Drive and between 24th and 26th Streets, of not less than five (5) f eet on either side of a both Collins Avenue and Miami Beach Drive shall building. be considered as front. (382) DISTRICT No. 26. There shall be a front yard facing DISTRICT No. 18. There shall be a front yard having a Pine Tree Drive having a depth of not less than twenty-five (25) feet. There shall be a rear yard depth of not less than five (5) f eet. having a depth of not less than twenty (20) f eet, DISTRICT No. 19. There shall be a rear yard having a and there shall be a side yard having a width of depth of not less than five (5) feet, provided, how- not less than five (5) f eet on either side of a evera lot whose rear abuts on a street, water- building. (348) way or alley, no rear ,yard will be required, and DISTRICT No. 27. There shall be a front yard having a provided further whey ny building is to be depth of not less than twenty-five (25) feet. There constructed allowing no r yard, adequate provi- shall be a rear yard having a depth of not less than sion shall be made wit in the lines for the stor- five (5) f eet. There shall be a side yard having age and handling of garbage cans d refuse. Lots a width of not less than seven and one-half (7.5) zoned for business uses which adjoin lots zoned feet on either side of a building. (348) for residential uses shall provide a five J,�) foot side and on the side adjoining the residential-,lot. DISTRICT No. 2$. There shall be a front yard having a� depth of not less than five (5) feet. There shall be Ieidbusiness zone where a side yard is provided, yard shall be not less than five (5) feet in aside yard having a width of not less than five (5) width. feet on either side of a building, provided, however, that corner lots shall not require a side yard on the DISTRICT No. 20. There shall be a front yard having a side of the lot abutting on the side street. No rear depth of not less than thirty (30) feet measured yard will be required in this district, provided, how- from any waterway, bay or ocean. There shall be ever, that arrangements satisfactory to the Build- a rear yard having a depth of not less than thirty ing Inspector shall be provided within the lot area (30) feet measured from the street line. There shall for the storage of garbage and trash. (352) 9 DISTRICT No. 29. There shall be a front yard having a gate 'more than thirty (30) per cent of the maximum rear depth of not less than twenty-five (25) feet when yard area. (427) measured from any waterway, bay or ocean. There (c) Lot areas or dimensions shall not be so reduced or shall be a rear yard having a depth of not less than di inished that the yards or open spaces shall be smaller ten (10) feet. There shall be a side yard on each tha those provided by this ordinance, nor shall the lot side of a building having a width of not less than area er family be reduced in any manner except in con- ten (10) feet when measured from any street line formi with the area regulations hereby established for and having a width of not less than five (5) f eet the District in which the building is located. when measured from an adjoining lot. (373) (d) Ur�ess otherwise provided for, no dock, warf or DISTRICT No. 30. There shall be a front yard having a other structure shall be extended or built in Biscayn depth of not less than ten (10) feet when measured Bay or Indian Creek a distance greater than fifteen (15) low f rom any street line. There shall be a rear yard f eet from the bulkhead line nor a distance greater than having a depth of not less than five (5) f eet. There three (3) f eet'into any other waterway within the City shall be a side yard on each side of a building having of Miami Beach. a width of not less than ten (10) feet when measured (e) This ordinance shall not be construed to prevent the from any street line and having a width of not less construction of a building on any lot of record at the time than five (5) feet when measured from any adjoining of passage of this ordinance, notwithstanding the fact that lot line. (373) such lot may have a lesser area than is requried in the DISTRICT No. 31. There shall be a front yard facing particular area district in which it is situated. Pine Tree Drive, having a depth of not -less than (f) In the "RAA," "RA,yl "RB," "RC" and "RD" Sngle- twenty-five (25) feet. There shall be a rear yard family Districts, "RDD" Modified Single-family District, having a depth of not less than ten (10) feet, and and in the "RE' Multiple-family District, no accessory there shall be a side yard on each side of a building building shall be constructed except concurrently with or having a width of not less than ten (10) f eet when subsequent to the construction of the main building. (427) measured from any street line and having a width (g) In the "RE" Districts, open balconies, at and/or of not less than five (5) feet when measured from above the second floor, may be constructed in the side any adjoining lot line. (398) yard on the street side of a corner lot. (294) � (h) In the "RE" Districts, steps extending not more e SECTION 17 � than four (4) feet from the main building, leading to the (q` y -; 7\ basement or ground floor may be constructed in the side GENERAL PROVISIONS yard on the street side of a corner lot. (294) (a) In the "RAA" and "RA" Estate Districts, walls (j) On lots fifty (50) feet, or less, in width, a porte- may be erected, constructed, reconstructed or structurally cochere which is not more than eighteen (18) feet in altered on.the lot lines, provided, however, that such wall length may project over any side or rear yard, provided, i or walls shall not exceed ten (10) feet in height. however, that such porte-cochere does not exceed one (1) In the "RB" and "RC" Estate Districts, walls may be story in height, and that the supporting columns shall not erected, constructed, reconstructed or structurally altered exceed two (2) feet in any cross-section dimension. (294) on the lot lines, provided, however, that such wall or walls { shall not exceed six (6) feet in height. SECTION 18. In the "RD" Single-Family District, walls may be erect- ed, constructed, reconstructed or structurally altered on ADMINISTRATION the lot lines, provided, however, that such wall or walls It shall be the duty of the Building Inspector to enforce shall not exceed five (5) feet in height. this ordinance. In the area bounded on the North by the south line of Lot "A" INDIAN BEACH CORPORATION'S SUBDIVIS- ION as recorded in Plat Book 8 on Page 61 of the Public SECTION 19. Records of Dade County, Florida, on the South by the CERTIFICATE OF OCCUPANCY i south lines of FISHER'S FIRST SUBDIVISION OF AL- TON BEACH as recorded in Plat Book 2 on Page 77 of the (a) A Certificate of Occupancy, either for the whole Public Records of said County, on the West by Collins or a part of a new building or for alteration of an exist- Avenue and on the East by the Atlantic Ocean, walls may ing building, shall be applied for coincident with the appli- be erected, constructed, reconstructed, or structurally al- cation f or a building permit and shall be issued within tered on the lot lines not to exceed seven (7) feet in height. three (3) days of ter the erection or alteration of such (294) building or part shall have been completed in conformity provisions of this ordinance.the with In all other districts, except as otherwise specified, walls wp shall not exceed five (5) feet in height. (b) A Certificate of Occupancy for the use or occupancy (b)In the "RAA," "RA," "RB," "RC" and "RD" Sin- of vacant land, or for a change in the use of land, or f or gle-family District and the "RDD" Modified Single-family a change in the use of an existing building,shall be ap- i District, accessory buildings shall not occupy in the aggre- plied for and issued before any such land shall be occupied i 10 or used, or changed in use, and such certificate shall be frontage of such opposite lots, such amendment shall not issued within three (3) days after application has been become effective except by the favorable vote of five- made, provided such proposed use is in conformity with sevenths (5/7) of all of the members of the City Council the provisions of this ordinance. of said municipality. (c) No vacant land shall be occupied or used, and no The provisions relative to public hearings and official structure hereafter erected, constructed, reconstructed notices shall apply equally to all changes or amendments. or structurally altered shall be used or changed in use until a Certificate of Occupancy shall have been issued SECTION 22. by the Building Inspector. ADJUSTMENTS, PURPOSE,, JURISDICTION AND (d) A like Certificate shall be issued for the purpose APPROVAL of maintaining, renewing, changing or extending a non- conforming use, existing at the time of the passage of A Board of Adjustment is hereby established. The word this ordinance; and such Certificate shall state that the "Board" when used in this ordinance shall be construed use does not conform with the provision of this ordinance. to mean the Board of Adjustment. For the purpose of complying with this requirement, the The Board shall consist of five (5) members appointed Building Inspector shall mail such Certificate to the occu- by the City Council, each f or a term of three (3) years. pants or owners of all such property within thirty (30) There there are practical difficulties or unnecessary days after the passage of this ordinance. hardships in the way of carrying out the strict letter of (e) A record of all Certificates of Occupancy shall be this ordinance, the Board of Adjustment shall have the kept on file in the office of the Building Inspector, and power in passing upon appeals, to vary or modify any a copy shall be furnished on request to any person having regulations or provisions of such ordinances relating to a proprietary or tenancy interest in the building or land the use, construction or alteration of buildings or struc- affected. tures, or the use of land, so that the spirit of the ordi- nance shall be observed, public safety and welfare se- SECTION 20. cured and substantial justice done. Meetings of the board shall be held at least once month- INTERPRETATION, PURPOSE AND CONFLICT ly, or at such other times as the Board may determine, or upon call of the chairman. All meetings of the Board In interpreting and applying the provisions of this ordi- shall be open to the public. The Board shall adopt its nance they shall be held to be the minimum requirements own rules or procedure and keep minutes of its proceed- for the promotion of the health, safety, morals or general ings showing its action on each question considered. All welfare of the community. It is not intended by this ordi- records of the Board and its official actions shall be filed nance to interfere with, abrogate or annul any easements, in the office of the Board and shall be a public record. covenants or other agreements between parties, provided, An appeal from the decision of the Administrative Of- however, that where this ordinance imposes a higher fices may be taken to the Board of Adjustment by any standard upon the use of buildings or premises, or re- person aggrieved, or by any officer, department or board quires larger open spaces than are imposed or required of the City affected by such decision. The Board shall by other ordinances, rules, regulations or by easements, also hear and decide all matters referred to it, or upon covenants or agreements, the provisions of this ordinance which it is required to pass. shall control. The board shall prescribe by general rule, a reasonable time within which a notice of appeal shall be filed with the Board specifying the grounds thereof, and the officer SECTION 21. from whom the appeal is taken shall forthwith transmit CHANGES AND AMENDMENTS to the Board all the papers constituting the records upon which the action appealed from was taken. Upon its own initiative, or upon the petition of the An appeal stays all proceedings in furtherance of the owners of a majority of frontage in any area, the City action appealed from, unless the officer from whom the Council may, after having held a public hearing following appeal is taken certified to the Board of Adjustment after at least fifteen (15) days notice of a time, place and ob- the notice of appeal shall have been filed with him, that ject, of such hearing published in an official paper, or a by reason of facts stated in the certificate, a stay would, paper of general circulation in said City of Miami Beach, in his opinion, cause imminent peril of life or property, amend, supplement, change, modify or repeal the regula- in case proceedings shall not be stayed otherwise than tions, restrictions and boundaries herein established. by a restraining order, which may be granted by the In case, however, of a protest against such change Board of Adjustment or by a court of record on applica- signed by the owners of record of twenty percent (20%) tion, on notice to the officer from whom the appeal is or more, either of an area of lots, included in such pro- taken and on due cause shown. posed change, or those immediately adjacent in the rear The Board shall fix a reasonable time for the hearing thereof, extending three hundred seventy-five (375) feet of the appeal taken within the time specified by its rules, therefrom, or those directly opposite thereto, extending give public notice thereof as well as due notice to the three hundred seventy-five (375) feet from the street parties in interest, and decide same within a reasonable 11 time. Upon the hearing, any person may appear in per- PASSED AND ADOPTED this 3rd day of December son or by agent or by attorney. A. D. 1930 ' . (Signed) JOHN H. LEVI, SECTION 23. President of City Council. ATTEST: VALIDITY AND PENALTY (Signed) C. W. TOMLINSON, Should any section, clause or provision of this ordinance (SEAL) City Clerk. be declared by the Court to be invalid, the same shall not APPROVED BY ME this 3rd day of December, A. D. affect the validity of the ordinance as a whole or any 1930. part thereof, other than the part so declared to be invalid. (Signed) LOUIS F. SNEDIGAR, Any person, firm or corporation who shall violate or Mayor. fail to comply with any of the provisions of this ordinance First Reading, November 19th, 1930. shall be punished by a fine of not less than Five ($5.00) Dollars, nor more than Fifty ($50.00) Dollars, or be im- Second Reading, November 19th, 1930. prisoned in the City Jail for not more than Thirty (30) Third Reading, December 3rd, 1930. Days, or both, in the discretion of the Court. Each day that a violation is permitted to exist shall constitute a Posted, December 18th, 1930. separate offense. And as amended by ordinances 291, 294 300 306 307 All ordinances or parts of ordinances in conflict here- 308, 328, 333, 3399 3409 341, 3429 343, 344, 3459 3479 3487 with or inconsistent with the provisions of this ordinance 349, 3509 352, 353, 354, 3559 357, 366, 373, 374, 381, 3829 are hereby repealed. 383, 3859 3869 3889 3899 390, 392, 393, 3959 3969 3979 398, 3999 408, 4179 4199 4239 425 and 427, included herein. BE IT FURTHER ORDAINED that this ordinance shall Note: the numbers of amending ordinances are shown take effect immediately after its passage, approval and in brackets following or adjoining the subject matter af- oosting, as provided by law. fected. 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