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Ordinance 4470RD cNANC' NO. 4+7 AN ORDINANCE 1NDING ORDINANCE NO. 289: COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS PASSED AND AJ 3 PIED BY THE CITY COUNCIL OF SAID CITY ON DECEMBER 3RD, 1930. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: That Section 1, Sectvb 15, Section 16 and Section 17 of Ordinance No. 289 of the City Council of said City of Miami Beach, be and the ease hereby are amended to include the following: S1CTI©N 1: Add definition of Barbecue Stands after Apartment Hotel to re$d:.e.i f �:1Q ►a:... .., BARBECUE STANDS: Any establishment serving foods where Prov , a are made for customers to drive across the curbs or side.- receive ide—receive service in automobiles or other similar vehicles, and/or establishments where meats are prepared outside of an enclosed building. Revise existing definitions to read as follows: COURT: An open, unoccupied, unobstructed apace on the oasis lot as a building. COURT, OUTkR: A court extending to a street or alley. SET..BACK: The minimum horizontal distance between the street line and the front line of the building or any projection, except as provided for in Section 17. YARD, FRONT: An area between the front property line (either street or bulkhead of any waterway) and the front line of any main or accessory building, measured at its least dimension and extending from one side yard to the other, unoccupied, except as provided for in Section 17. YARD, REAR: An area extending across the full width of the lot beti•en the rear line of any main or accessory building and the rear line of the lot and measured at its least dimension, unoccupied except as provided for in Section 17. YARD, SID': An area between a main or accessory builditng and the side line of the lot and extending from the street line to the rear yard measured at its least dimension, unoccupied except as provided for in Section 17. SECTION 15: In all Use Districts, hereinbefore designated, every building hereafter erected, constructed, reconstructed or structurally altered shall provide a lot area and/or a floor area per family of not less than the folioring: (1) "RAA" Estate District ko,000 aq. ft. lot area per family. 2) "RA" Estate District 30,000 sq. f t. lot area per family. 3) "RB" Estate District 18,000 sq. ft. lot area per family. 4) "RC" Estate District 10,000 eq. ft. lot area per family. (5) "RD" Single Family District 6:000 sq. ft. lot area per family. (6) "RDD" Modified Single Fatly District 6000 sq. ft. of lot area per family for Bingle family dwellings. No such dwelling Shall have less than four hundred ( 0) aq. ft. of floor space. 5000 sq, ft. of lot area per family for tw©..family dwellings. Np such dwelling shall have less than four hundred (400) eq. ft. -10f floor area for sack family' unit, (7) (g) "RE" Multiple Family District. a. Single-family dwellings shall provide twenty eight hundred (204) sq. ft. of lot area per family. No such dwelling shall have less than four hundred (400) sq. ft. of floor area. b. Two-family dwellings shall provide sixteen hundred (1600) sq. ft. of lot area per fatly and there shall in no case be less than ten (10) ft. between buildings. No such dwelling shall have less than four hundred (440) sq, ft, of floor area for each family unit. Multiple-fatily dwellings shall provide a floor area ofnot less than four hundred (400) eq. ft. within the limiting walls of any family unit. d. Bungalow or House Courts shall provide a j inimum of not less than twenty eight; hundred (MOO) sq. ft. of lot area per family and there shall in no case be less than ten (10) ft. between buildings. No unit shall provide lesethan four hundred (400) sq. ft. of floor area. There shall be an outer court with a minimum width of ten (10) ft. and a minimum area of not less than thirty (30) per cent of the gross lot area, so arranged as to provide ingress and egress to and from all units. "BAAA", "BAA", "BA", "BB", "BC", "BD", "BE", "BF", and "BG" Business Districts. a. In all business districts, buildings erected for dwelling purposes shall comply with the lot area and floor area per family regulations prescribed for the "RE" Multiple -family District. b. There shall be a five (5) ft. side yard provided adjacent to living quarters, beginning twenty (20) ft. from the front lot line and extending to the rear of the lot, c. Where buildinge for busine ssccupancy are set back from interior lot lines such set -back shall in no case be less than twenty-eight (28) inches and it shall be continuous on at least one end to a street or alley. SECTION 16: Revise DISTRICT N0. 19 to read: DISTRICT NO. 19: There shall be a rear yard having a depth of not less than five (5) ft. provided, however, on a lot whose rear abuts on a street, waterway or alley, no rear yard will be required, and provided further that where any building is to be constructed allowing no rear yard, adequate provisions shall be made within the building for the storage and handling of garbage cans and refuse. Lots zoned for business uses which adjoin lots zoned for residential uses shall provide a five (5) ft. side yard on the side adjoining the residential lot. SECTION 17: GENERAL PROVISIONS (1) AREA REGULATIONS a. In the "RAAN , "RA" "RB" , "RC" and "RD" Single-family Districts and the "PDD" Modified Single -.family District, accessorybuilctinBs shall not occupy in the aggregate mare than thirty (30) per cent of the maximum yard area. b. Lot areas or dimensions shall not be so reduced or diminished that the yards or open spaces shall be smaller than those provided by this ordinance, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the District in which the building is located. c. Unless otherwise provided for, no dock, wharf or other structure shall be extended or built in Biscayne Bay or Indian Creek a distance greater than fifteen (15) ft, from the bulkhead line nor a distance greater than three (3) ft. into any other waterway within the City of Miami Beach. d. This ordinance shall not be construed to prevent the con- struction of a building on any lot of record at the time of passage of this ordinance, notwithstanding that such lot may have a lesser area than is required in the particular area district in which it is situated. e. In the "RAA", "RA", "RB", "RC" and "RD" Single -.family Districts, "RDD" Modified Single-family District and in the "RE" Multiple - family District, no accessory building shall be constructed, except concurrently witu or subsequent to the construction of the main building. (2). WALLS AND FENCES a. In the "RAA" and "RA" Estate Districts, walls may be erected, constructed, reconstructed or structurally altered, provided however, that such wall or walls shall not exceed ten (10) ft. in height above grade. b. In the "RB" and "RC" Estate Districts, walls may be erected, constructed, reconstructed or structurally altered, provided however, that such wall or walls shall not exceed six (6) ft. in height above grade. c. In the "RD" Single-family District and the "RDD" Modified Single..family District, walls may be erected, constructed, reconstructed or structurally altered, provided however, that such weals shall not exceed five (5) ft. in height above wade. d. In the area bounded on the North by the South line of Lot "A" INDIAN BEACH CORPORATION SUBDIVISION as recorded in Plat Book 8 on Page 61 of the Public Records of Dade County, Florida, on the South by the South lines of FISHER'S FIRST SUBDIVISION OF ALTON BEACH as recorded in Plat Book 2 on Page 77 of the Public Records of Dade County, Florida, on the West by Collins Avenue and on the East by the Atlantic Ocean, walls may be erected, constructed, reconstructed or structurally alterea, provided however, that such w€ll s shall not exceed seven (7) ft. in height above grade. e. In all other districts except as otherwise specified, walls shall not exceed five ( 5) ft. in height above grade. f. A wall may extena from a buildinb or other wall to a lot line in front', rear or side yard, provided that it does not exceed in height, the restriction for that district, and provided further, that there shall be a minimum opening of three (3) ft. provided in such wall or walls for access throukh the side yards. Openings as requirea above may have operative gates, not exceed. ing in height, that allowed for walls in that district, except as follows: g. Ornamental entrances, fountains, rotisseries, flower -bins and similar architectural features, exceeding the wall height re- strictions will be permitted, provided: That no such feature Shall exceed in height, the wall height restriction for that district plus threfc feet and shall in no case exceed ten (10) ft. in height above grade. That no such feature shall exceed in width, exclusive of supporting wall, one-half (i) the wall height restriction for that district. That no such feature shall exceed in length atade, the wall height restriction for that district, plus ten (10) ft. That no such feature shall exceed in length at the allowed wall height, the specified height, plus five (5) ft. That there shall be only one such feature in any front, side or rear yard, except that on lots seventy-five (75) ft. or more in width, there may be two entrancetes. That there shall be at least ten (10) ft. between any such feature and any part of any building on the same lot, measured at right angles from the feature. That such features shall not restrict passage through front, rear or side yards to less than twenty eight (2g) inches in any place. (3) PROJECTIONS INTO YARD AREAS a. Chimneys may project into side and rear yards a distance not to exceed twenty..four (24) inches provided that a clear space of not lees than twenty-eight (28) inches is left between such projection and the lot line adjacent. The horizontal dimension of the chimney at right angles to the projection shall not exceed six (6) ft. b. No steps or platforms over thirty-six (36) inches in height above grade shall extend into side, rear or front yards. Steps or platforms not exceeding thirty. -six (36) inches in height may be railed, provided that such railing shall not exceed in height above grade, that specified for walls in that district, and further, that there shall be a clear, unobstructed passage of not less than twenty-eight (28) inches between such projection and the lot line as jacent, Platforms or terraces not exceeding thirty-six (36) inches in height may extend across side and rear yards, provided that there shall be ramps or steps at least thirty-six (36) inches wide on opposite sides to provide unobstructed passage over such projections. c. Area..ways, steps to basements and similar features will be permitted in side and rear yards, provided that no part of such feature stall exceed in height, thirty-six (36) inches above grade and that the projection shall not exceed twenty-four (24) inches and provided further that there shall be a clear, un- obstructed passage of not less than twenty..eight (28) inches between such feature and the lot line adjacent. Steps, ex- tending not more than four (4) ft. from the main building and not more than thirty-six (36) inchesin height above grade, lead- ing to the basement or ground floor may be constructed in the side yard on the street side of a corner lot, d. Open.. -type, metal fire-excapes may project forty-eight (48) inches into side and rear yard areas, provided that the bottom run shall be counter -balanced and that when the bottom run is up there shall be at least nine (9) ft. of clear head -room below it. The bottom run shall be adjacent to the building and shall be so arranged that when down, there shall be at least twenty..eight (28) inches of clear unobstructed passage between it and, the lot line adjacent. e. No main walls of any building shall encroach on the yard areas, but architectural features such as canopie$ open balconies, cornices, eaves, etc. maY project into side ana rear yards not more toren twenty-four (2 4) inches ana there shall be not less than seven (7) ft. of clear headroom under any such projection. Similar features may project not over forty-eight (48) inches into front yards, provided that there shall be a minimum of eight (8) ft, of clear headroom under any such projection, 1. Open terraces projecting into front yards shall not exceed in height two (2) ft. above grade and the railing of such terrace shall in no case be mare than three (3) ft. above the terrace. Where necessary to provide access through the side yards, terraces shall be provided with steps r ramps and gates, not less than thirty-six (36) inche n wi th. g. On lots fifty (50) ft. or less, in *idth, a porte-cochere which is not more than eighteen (i$) ft. in length may project over any sidp or rear yard, provided, however, that such porte-- cochere does of exceed one (1) story in height, that the support- ing columns shall not exceed two (2) ft. in any cross-section dimension and that it shall be open, full width both front ana rear. PASSED AND ADOPTED this 24th day of September, Aa Da, 1936. resident of Ci y ouncil APPROVED BY ME this 25th day of September, Aa D., 1936. 1st Reading, Aug. 19th, 1936. 2nd Reading, Aug. 19th, 1936. 3rd Reading, Sept, 24th, 1936. Posted - Sept. 25th, 1936. STATE OF FLORIDA ) COUNTY OF DADE ) I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 4+7 entitled "AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS PASSED AND ADOPTED BY THE CITY COUNCIL OF SAID CITY ON DECEMBER 3RD, 1930", having been duly 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 25th day of September, A. D., 1936, 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 29th day of October, A. D., 1936. sla 14 0 C9i °t1 0P.0 (1) c+ cp • H. 1-1 1-4 O cF O pa • ct O 0 -r —4 g • Ori F-k 0 O 0