Ordinance 817 ORDINANCE NO. 817
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA, PROVIDING CONDITIONS UNDER WHICH
PERMANENT CANOPIES CAN BE ERECTED OVER CITY
SIDEWALKS, PROVIDING FOR THEIR CONSTRUCTION,
PROVIDING THAT THIS ORDINANCE SHALL TAKE
PRECEDENCE OVER CONFLICTING PROVISIONS OF OTHER
CITY ORDINANCES, PROVIDING FOR ITS ENFORCE-
MENT, AND PROVIDING PENALTIES FOR VIOLATIONS
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: In cases where all owners of business or multiple-
family property fronting on a street for a full
blcck shall agree upon a uniformly designed permanent canopy
projecting from the building or buildings over the sidewalk, such
canopies may be constructed, subject to the following regu-
lations:
.01 A general plan shall be prepared and submitted
to the City Council for approval, and, if approved,
shall be retained by the City as a public record, and
all pressnt and subsequent buildings must conform to
such plan.
.02 All owners of vacant property must bind themselves,
and subsequent owners, by covenant running with the land,
to build in conformance with the uniform approved plan
for the block, when and if such property is built on.
Certified copies of recorded instruments containing
such covenants shall be filed with the City Clerk.
.03 All ' owners of existing buildings shall bind them-
selves and their successors in title in a covenant
rurnnir; j-with the land, and in an agreement with the
City, that no alterations to building exteriors will be
made except in conformance with the approved uniform
plan, and that the exteriors of such buildings will be
made to conform to the uniform approved plan within
twelve (12) months after the completion of any new
building on adjoining property, or within twelve (12)
months after the completion of alterations to an
existing adjoining building in conformance with the
approved uniform plan.
.04 No building permit authorizing the construction
of such permanent canopy over City sidewalks shall
be issued until all the property owners in the block
under consideration shall have complied with the pro-
visions of Sub-sections 1.02 and 1.03, nor until an
approved uniform plan shall be on file with the City.
.05 Such canopies shall project a uniform distance
from the front property line of the lots, and shall
not exceed a projection of ten (10) per cent of the
width of the street on which it fronts, plus one (1)
foot; but in no case shall they project closer to
an established curb line than eighteen (18) inches.
.06 Such canopies shall be a uniform height above
the sidewalk, and no part of such canopy shall be
less than nine (9) feet above the grade of the side-
walk directly under the outer edge of the canopy.
.07 Supports, if any, for such canopies shall be
of uniform design, and so far as practicable, shall
be uniformly spaced throughout a block. Such
supports shall be not more than ten (10) per cent of
the street width from the property line of the lots
to the outer edge of the support , but in no case shall
any part of a support be closer than five (5) feet to
an established curb line.
- 1 -
.08 Canopies shall be of uni_-'orm thickness at their
outer edge, which thickness shall not exceed twelve
(12) inches.
.09 Canopies and supports, if any, shall be con-
structed entirely of incombustible materials and in
conformance with the engineering and design regulations
of the Building Code.
.10 No lighting, displays, or accessories, or appur-
tenances of any kind, shall be erected on, or suspended
from, any such canopy except as provided with respect
to signs in Sub-section 1.11; nor shall such canopies
be accessible to the public, or in any way used for
human occupancy.
.11 Signs composed of open unlighted letters may be erected
on the face of such canopies, or above or below such
canopies at their outer edges) and parallel to the build-
ing. Such signs shall be in accordance with the uniform
approved plan.
.12 For the purpose of this ordinance, a block shall be
considered to be the property fronting on one (1) side of
a street, and extending between any two intersecting
streets. Alleys shall not be construed as streets.
C_ECTION 2: The provisions of this ordinance shall take prece-
dence over any contrary provisions of the Zoning ,
Ordinance (Ordinance No. 289, as amended) , the Building Code
(Ordinance No, 592) , or any other ordinances of the City of
Ylami Beach, Florida.
`S'ECCTION 3: It shall be the duty of the Chief Building Inspector
to enforce this ordinance .
SECTION 4: Any person, firm or corporation violating any of
the provisions of this ordinance shall be deemed
guilty of a misdemeanor„ and shall be deemed guilty of a
separate offense for each and every day, or portion thereof,
during which any violation of this Ordinance is committed, con-
tinued or permitted; and upon conviction, shall be punishable
by a fine of not more than Five Hundred 0'',500.00) Dollars, or
1y imprisonment in the City Jail for not more than Ninety (90)
days, or by both such fine and imprisonment.
-ECTION : Should any part of this ordinance be declared to be
unconstitutional or invalid, the remaining portions
shall continue to have the same force and effect as though such
unconstitutional or invalid portion had not been included.
SECTION 6: This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED this 3rd day of September, A. D.
1947.
Mayor
ATTEST :
C. W. Tomlinson
4ai T Clerk
By )� I-, S
TJepy Li! lerk
1st reading - August 20, 1947
2nd reading - August 20, 1947
3rd reading - September 3, 19+7
Posted - September 3, 1947
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. 817,
entitled: "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING CONDITIONS UNDER WHICH PERMANENT CANOPIES CAN BE ERECTED
OVER CITY SIDEWALKS, PROVIDING FOR THEIR CONSTRUCTION, PROVIDING
THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER CONFLICTING PRO-
VISIONS OF OTHER CITY ORDINANCES, PROVIDING FOR ITS ENFORCEMENT,
AND PROVIDING PENALTIES FOR VIOLATIONS HEREOF", having been
passed and adopted by the City Council of the City of Miami Beach,
Florida, has been posted by me in three conspicous places in the
City of Miami Beach, Florida, one of which was at the door of the
City Hall in said City on the 3rd day of September, A. D. , 1947,
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 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
6th day of October, A. D. , 1947.
ity Clerk