Ordinance 1854ORDINANCE NO. 1854
AN ORDINANCE AMENDING CHAPTER 27 OF
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA."
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1. That Section 27.1 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended
to read as follows:
"The term 'parking lot', as used in this chapter,
shall mean any place, lot, parcel, yard or enclosure
used in whole or in part for storing or parking three
or more motor vehicles, provided that garages and
other places where motor vehicles are stored for hire
within a building and for which a license fee is paid
under other provisions of this Code, and that off-
street parking spaces required under Ordinance No.
289, commonly known as the "Zoning Ordinance of Miami
Beach, Florida," for multiple -family uses, and not in
e --1::.:,s of 2,000 square feet, shall be exempt from the
provisions of this chapter; provided, further, that
the physical, structural and maintenance requirements
provided for in this chapter for parking lots as above
defined, shall apply to any place, lot, parcel, yard
or area owned or used for the parking of motor vehicles.
SECTION 2. That Section 27.2 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended to
read as follows:
"No person shall conduct, operate or maintain a
parking lot without first obtaining an annual license
therefor from the City Clerk. No license shall be
issued by the City Clerk hereunder without a certifi-
cate from the Parks and Recreation Director stating
that the particular parking lot or area conforms in
all respects with the landscaping requirements of
this chapter or of Metropolitan Dade County Ordinance
No. 67-75, providing minimum standards for required
landscaping for off-street parking. The ordinance
imposing the higher standard shall be applicable. Each
application for renewal shall be filed no later than
thirty (30) days before the expiration date of the
current license. No license or renewal thereof shall
be issued unless there is filed with the City Clerk
the certificate hereby required. Such certificate shall
be filed subsequent to the application for the license
required herein and prior to the issuance thereof by
the City Clerk. The parking lot for which the license is
required hereby shall again be inspected by the Planning
and Zoning Director, or by his duly authorized agent
prior to the actual issuance of the license required
hereby, and a certificate of such actual inspection
shall be filed with the City Clerk prior to the issuance
of the license required hereby; said certificate to speci-
fically
pecifically recite that the parking lot for which the license
is required hereby complies with all of the require-
ments of this ordinance."
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 3. That Section 27.6 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended
to read as follows:
"An opaque wall or fence not less than six feet
in height, of material and construction to be
approved by the Chief Building Inspector, or an
opaque dense hedge not less than six feet in
height, shall be erected or placed and maintained
upon the side and rear lines of parking lots
where such side or rear lines are within fifty
feet of any dwelling, apartment building or
hotel; provided, however, if there is any conflict
between the provisions of this Section and any
provision of the Zoning Ordinance, the provisions
of the latter shall prevail, and the required
height of the wall, fence, or hedge provided for
herein shall be the maximum height authorized by
said Zoning Ordinance; and provided, further,
that the requirement of walls, hedges or fences
along rear or side lines of parking lots may be
waived, in the discretion of the City Council,
where the occupants of the abutting property consent
to such waiver in writing. The consent of the
owner, manager or other person in custody or control
of multiple -family or business property abutting the
parking lot shall be deemed to be consent by all the
occupants thereof."
SECTION 4. That Section 27.7 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended to
read as follows:
"All parking lots shall have constructed and main-
tained thereon, in addition to the foregoing
requirements of this chapter, along the street
frontages, exclusive of alleys and excepting approved
driveways or other openings:
(a) A wall not less than five feet, nor more than
six feet in height. Such wall shall have a stucco
or equal finish on the street sides; or
(b) A living hedge not less than five feet, nor
more than six feet in height; such hedge to be within
a verdant grass or equal landscaped border four feet
in width.
SECTION 5. That Section 27.13 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended to
read as follows:
"Any person violating any of the terms of this
chapter shall, upon conviction thereof, be
punished as provided in Section 1-8. In addition
thereto, upon such conviction, the parking lot
license issued to the owner or operator of the
parking lot at or upon which the violation occurred,
may be revoked by the City Council in its own dis-
cretion. It shall be unlawful for any licensee to
use or permit to be used, in whole or in part, any
parking lot as herein defined, unless the same is in
compliance with the requirements of this ordinance.
It shall be unlawful for any licensee to fail to
maintain the requirements of this ordinance for any
period during the period licensed hereunder."
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
SECTION 6. That Chapter 27 of "The Code of the City of Miami
Beach, Florida," be and the same is hereby amended
by adding a new Section thereto, to be numbered and to read as
follows:
"Sec. 27.12.1 The following schedule of
license and inspection fees shall be charged
by the City Clerk for each license issued
under the provisions of this Ordinance, or
any renewal of such license:
(a) $45.00 for parking lots up to 7,500
square feet;
(b) $65.00 for parking lots of 7,501-15,000
square feet;
(c) $85.00 for parking lots of over 15,000
square feet."
SECTION 7. That Chapter 27 of "The Code of the
Beach, Florida," be and the same is
by adding a new section thereto, to be numbered
follows:
City of Miami
hereby amended
and to read as
"Sec. 27.12.2 Any parking lot heretofore
exempt from the provisions of this Chapter, or
from the provisions of Metropolitan Dade County
Ordinance No. 67-75 shall comply with the
provisions of this Chapter, or of Metropolitan
Dade County Ordinance No. 67-75, whichever
Ordinance provides the higher standard; not
later than twenty-four months from the effective
date of this Ordinance, including, but not
limited to the licensing requirements, whether
original or renewal, imposed by this Chapter."
SECTION 8. All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION
9. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 4th day of November, 1970.
Attes
City Clerk - Finance Director
1st reading -
2nd reading -
3rd reading -
POSTED -
October 21, 1970
October 21, 1970
November 4, 1970
November 18, 1970
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
STATE OF FLORIDA
COUNTY OF DADE:
I, RUTH B. ROULEAU, City Clerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No. 1854 entitled:
AN ORDINANCE AMENDING CHAPTER 27 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA."
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 18th day of
November, 1970,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 20th day of January, 1971.
City Clerk and Finance Director
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