Ordinance 1376ORDINANCE NO. 1376
AN ORDINANCE AMENDING ORDINANCE NO. 289,
COMMONLY KNOWN AS THE "ZONING ORDINANCE
OF MIAMI BEACH, FLORIDA".
EE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 1 of Ordinance No. 289, commonly known
as the "Zoning Ordinance of the City of Miami Beach,
Florida, be and the same is hereby amended by adding thereto
the following:
(a) That immediately after the words "GARAGE, STORAGE:
Any buildings, except those described as a private
garage, used for the storage only of automobile
vehicles, or where any such vehicles are kept
for remuneration, hire or sale.", add the follow-
ing:
"GRADE: When used in connection with the eleva-
tion of ground adjacent to or surround-
ing a building it shall mean:
(a) For buildings abutting on one street only,
the elevation of the sidewalk at the center
of that wall which abuts on the street.
(b) For buildings abutting on more than one (1)
street, the average of the elevations of
the sidewalks at the centers of all walls
which abut on streets.
(c) For buildings which have no wall abutting on
a street, the average level of the natural
ground adjacent to the exterior walls of the
building.
(d) All walls approximately parallel to and not
more than fifteen (15) feet from a street
line are to be considered as abutting on
that street."
(b) That immediately after the words: "GOLF COURSE:
The standard size golf course having nine, eighteen
or more holes, installed on tracts having an area
greater than forty (40) acres.", add the follow-
ing:
"HEIGHT: (a) Height of Building is the vertical
distance from the "GRADE" to the highest
point of the coping of a flat roof or to
the deck line of a mansard roof or to the
average height of the highest gable of a
pitch or hip roof. Any bulkhead covering
less than fifteen (15) percent of the
roof area need not be considered in
determining the height of the building.
Penthouses shall be considered in de-
termining both the height and the number
of stories.
(b) The height of a structure erected on
the ground shall be the vertical distance
from grade as herein defined to the high-
est point thereof and for roof structures
shall be the vertical distance from the
mean level of the roof to the highest point
thereof. In general the height of a struc-
ture shall be its over-all height."
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(c) That immediately after that portion thereof reading
as follows: "SETBACK: The minimum horizontal dis-
tance between the street line and the front line of
the building or any projection, except as provided
for in Section 17." add the following:
"STORY: that portion of a building included
between the upper surface of any floor and the
upper surface of the floor next above, except
that the top -most story shall be that portion
of a building included between the upper sur-
face of the top -most floor and the ceiling or
roof above. If the finished floor level di-
rectly above a basement is more than six (6)
feet above grade or if the finished floor level
directly above a basement used for parking is
more than eight (8) feet above grade, such base-
ment shall be considered as a story."
SECTION 2: That Section 2 of Ordinance No. 289 of the City of
Miami Beach, Florida, be and the same is hereby
amended to read as follows:
"SECTION 2.
DISTRICTS
In order to regulate and restrict the erection,
reconstruction, alteration, location and use of
buildings, structures, land and water, for trade,
industry, residence, or other purposes, and the
location thereof, and to regulate the size and
height of buildings and other structures hereafter
erected or altered, to regulate and determine the
size and dimensions of yards, courts and other
open spaces and to regulate and limit the percentage
of lot that may be occupied and the density of
population, the City of Miami Beach, Florida, is
hereby divided into use, area, parking and height
districts as follows:
USE DISTRICTS
RAA, RA, RB, and RC Estate Districts.
RD Single -Family District.
RDD Modified Single -Family District.
RDE Restricted Multiple -Family District.
H-1 Multiple -Family District
REA multiple -Family District.
RE Multiple=Family District.
REE Multiple Family District.
BAAA, Modified Business District.
BAA, BA, BB, BC, BD, BE, BF, and BG Business
Districts.
Cabana and Swimming -Pool District.
Two -Story Cabana District.
Area Districts
Area Districts as hereinafter set forth.
Parking Districts
Parking Districts as hereinafter set forth.
Height Districts
Height Districts as hereinafter set forth.
2
The City of Miami Beach, Florida, is hereby divided
into use, area, parking and height districts afore-
said, and the boundaries of such districts are shown
on the use, area, parking and height maps attached
hereto, which together with the legends, words,
figures, letters, symbols and other explanatory
matter thereon, shall be made parts of this ordinance
as if the matters and information set forth thereon
were all fully described herein.
This ordinance shall be known as the "Zoning Ordinance
of Miami Beach, Florida," and the maps hereto attached
designated as the "District Maps."
No building shall be erected, constructed, recon-
structed 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 located.
No lot area shall be so reduced or diminished that
the yards or other spaces shall be smaller than
prescribed by this ordinance, nor shall the density
of population be increased in any manner except in
conformity with the area regulations herein estab-
lished, and shown on the Area Map.
Every building hereafter erected, constructed, re-
constructed or structurally altered shall be lo-
cated on a lot as herein defined, and in no case
shall there be more than one building on one lot
except as hereinafter provided for.
In connection with every building hereafter erected,
constructed, reconstructed or structurally altered,
parking spaces shall be provided as hereinafter
provided.
No building shall be erected, constructed, recon-
structed or structurally altered in excess of the
maximum heights herein prescribed, or except in
conformity with the conditions upon which such
maximum heights shall be permitted."
SECTION 3: That Ordinance No. 289 of the City of Miami Beach,
Florida, commonly known as the "Zoning Ordinance
of Miami Beach, Florida", be and the same is hereby amended
by adding thereto immediately following Section 16-B thereof
a new section designated and numbered 16-C and to read as
follows:
"SECTION 16-C
HEIGHT REGULATIONS
In all Height Districts, hereinafter designated,
no building shall be erected, constructed, re-
constructed or structurally altered in excess
of the maximum heights herein prescribed or ex-
cept in conformity with the conditions upon
which such maximum heights shall be permitted
as follows:
Height District No. 1
In Height District No. 1, no building shall be
erected, constructed, reconstructed or structurally
altered in excess of three (3) stories
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in height or in excess of forty (40) feet in height above
grade, and shall conform to all of the requirements set
forth in other sections of this ordinance, and shall
comply with all the requirements of the Building Code
of the City of Miami Beach, Florida. Towers, spires and
steeples when not used or intended to be used for habita-
tion, storage, and bulkheads not exceeding in combined
area 15% of the roof area of the building, may be added
to such buildings, provided that such additions shall
not exceed twenty (20) feet in height.
Height District No. 1 shall include all parcels of land
in the "RAA", "RA", "RB", "RC", "RD" Single -Family District,
and "RDE" Restricted Multiple -Family Use District.
Height District No. 2
In Height District No. 2 no building shall be erected, con-
structed, reconstructed or structurally altered in excess
of fourteen (14) stories in height or in excess of one
hundred sixty (160) feet in height above grade, and a
building or portion of a building up to forty (40) feet
in height above grade shall conform to all of the require-
ments set forth in other sections of this ordinance and
shall comply with all the requirements of the Building
Code of the City of Miami Beach, Florida. That portion
of a building above forty (40) feet in height above
grade shall conform to all of said requirements and shall
comply with additional requirements as follows
(a) Where such building is adjacent to a side yard, the
long dimension of which does not abut upon a street,
alley, bay, ocean or waterway, that portion of the building
wall above forty (40) feet in height above grade shall set
back from the side lot line a minimum distance equal to
the width of the side yard required by this ordinance,
plus one foot for every six (6) feet of height of the
building wall in excess of forty (40) feet above grade;
but in no event shall the setback from the side lot line
be required to be greater than twenty (20) feet.
(b) Where such building is adjacent to a rear yard, the
long dimension of which does not abut upon a street,
alley, bay, ocean or waterway, that portion of the build-
ing wall above forty (40) feet in height above grade shall
set back from the rear lot line a minimum distance equal
to the depth of the rear yard required by this ordinance,
plus one foot for every six (6) feet of height of the
building wall in excess of forty (40) feet above grade;
but in no event shall the setback from the rear lot line
be required to be greater than twenty (20) feet.
Where a building does not exceed forty (40) feet in height
above grade, towers, spires and steeples when not used for
habitation, storage or business, and bulkheads not exceed-
ing in combined areas 15% of the roof area of the build-
ing, may exceed the maximum heights herein provided for,
but not in excess of twenty (20) feet. Buildings not ex-
ceeding forty (40) feet in height, exclusive of roof
structures herein permitted, shall contain no more than
three (3) stories. Where a building exceeds forty (40)
feet in height above grade, towers, spires and steeples,
bulkheads not exceeding in combined area 30% of the roof
area, may exceed the maximum height herein provided, but
not in excess of fifty (50) feet. Provided, however,
that the roof area of any building may be occupied by
an additional structure designed, intended to be used,
and to be used for single-family apartment units, but in
no event, shall the additional apartment units hereby
permitted exceed 30% of the roof area; and the height
limit of one hundred sixty (160) feet in height above
grade shall be adhered to.
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Height District No. 2 shall include all parcels of land in
all Multiple -Family Use Districts except "RDE" Restricted
Multiple -Family Use District, and except the following de-
scribed parcels of land situate, lying and being in Miami
Beach, Dade County, Florida, to wit:
Lots 13 through 23, inclusive, of INDIAN BEACH
CORPORATION'S SUBDIVISION, according to the plat
thereof recorded in Plat Book 8 at page 61 of
the Public Records of Dade County, Florida;
Lots 1 through 30, inclusive, and Lot 231, all in
FIRST OCEAN FRONT SUBDIVISION, according to the
plat thereof recorded in Plat Book 9 at page 78
of the Public Records of Dade County, Florida.
Height District No. 3
In Height District No. 3 no building shall be erected, con-
structed, reconstructed or structurally altered in excess
of fifty-five (55) feet in height above grade, unless any
point on such excess height may be fixed or located in con-
formity with either of the following formulae:
(a) That no point which may be fixed or located on such ex-
cess height shall be at a lesser distance from the
southerly line of the northerly side yard than the product
of 1.3 times the height in feet of such excess height, or
(b) That no point which may be fixed or located on such ex-
cess height shall be at a lesser distance from the
westerly line of the front yard than the product of 0.6
times the height in feet of such excess height, provided,
however, that the multiplier of 0.6 shall be increased by
.028 for every degree of change to the west of the bulk-
head line from a line perpendicular to the southerly
property line.
Provided, however, that a building or portion of a building
up to fifty-five (55) feet in height above grade shall con-
form to all of the requirements set forth in other sections
of this ordinance and shall comply with all the requirements
of the Building Code of the City of Miami Beach.
Further provided, however, that in no event shall the max-
imum height of the building, exclusive of any appurtenances
thereto permitted under the Building Code, or other applicable
section of this ordinance, exceed a height of fourteen (14)
stories, exclusive of the roof apartment units specified
in Height District No. 2, or one hundred sixty (160) feet
in height above grade.
For all lots in this Height District that portion thereof
which abuts on the ocean shall be deemed to be the front
yard.
Height District No. 3 shall include the following described
parcels of land situate, lying and being in Miami Beach,
Dade County, Florida, to wit:
Lots 13 through 23, inclusive, of INDIAN BEACH
CORPORATION'S SUBDIVISION, according to the
plat thereof recorded in Plat Book 8 at page 61
of the Public Records of Dade County, Florida;
Lots 1 through 30, inclusive, and Lot 231, all
in FIRST OCEAN FRONT SUBDIVISION, according to
the plat thereof recorded in Plat Book 9 at page
78 of the Public Records of Dade County, Florida
5
Height District No. 4
In Height District No. 4, no building shall be erected,
constructed, reconstructed or structurally altered in
excess of fourteen (14) stories or in excess of one hundred
sixty (160) feet above grade, and shall conform to all of
the requirements set forth in other sections of this or-
dinance and shall comply with additional minimum require-
ments as follows:
(a) Any building or portion of any building devoted to
single-family or multiple -family residence uses shall
comply with the requirements set forth for buildings in
Height District No. 2, but in no event shall any interior
side yard or interior rear yard provided for such building
or portion of building be less than five (5) feet.
(b) In buildings not exceeding three (3) stories or forty
(40) feet in height, towers, spires and steeples,
when not used for habitation, storage and business, and
bulkheads not exceeding in combined areas 15% of the roof
area of the building may be constructed in excess of the
maximum heights herein provided, but not to exceed twenty
(20) feet. In buildings which exceed three (3) stories
or forty (40) feet in height, towers, spires and steeples,
when not used for habitation, storage or business, and
bulkheads not exceeding in combined area 30% of the roof
area of the building may extend above maximum heights
herein provided, but not to exceed fifty (50) feet.
Height District No. 4 shall include all parcels of land
in all Business Use Districts.
In each of the Height Districts hereinabove created the
horizontal projection of any permissible projection as
provided for in Paragraph 3 of Section 17 of this or-
dinance shall be measured from the building wall and
shall not exceed the limitations provided therein; pro-
vided that if the building wall is set back a greater
distance than required the horizontal projection of
such permissible projection may be increased by the
number of feet by which said portion of the building
wall is set back in excess of the minimum setback re-
quired."
e-
quired."
SECTION 4. All ordinances or parts of ordinances in conflict here-
with be and the same are hereby repealed.
SECTION 5. This ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED AND ADOPTED this 16th day of March, 1960.
Attest:
1st reading -
2nd reading -
3rd reading -
POSTED -
February
February
March 16,
March 16,
10, 1960
10, 1960
1960
1960
//:-71/7
Mayor
STATE OF FLORIDA
COUNTY OF DADE:
I, R. WM. L. JOHNSON, City Clerk in and for the City
of Miami Beach, Florida, do hereby certify that Ordinance No. 1376
entitled:
"AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN
AS THE 'ZONING ORDINANCE 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 16th day of March, 1960,
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 April, 1960.
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