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Ordinance 1253 ORDINANCE NO. 1253 AN ORDINANCE AMENDING ORDINANCE NO. 289, COMMONLY KNOWN AS THE ''ZONING ORDINANCE OF MIAMI BEACH, FLORIDA" . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Ordinance No. 289 of the City of Miami Beach, Florida, be and the same is hereby amended by adding thereto, immediately after Section 4-B thereof, an additional section to be known as Section 4-C, and to read as follows : "SECTION 4-c USE REGULATIONS In the 'Hi ' Multiple Family District, no building or land shall be used and no building shall hereafter be erected, constructed, re- constructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, except for one or more of the following uses : 1. Any use permitted in the 'RDE' Restricted Multiple Family District . 2. Multiple Family dwellings or apartments in accord with the area provisions hereinafter defined, and accessory buildings . 3. Hotels . 4. Hotels consisting of two hundred (200) or more guest rooms may contain cabarets and the following service facilities, to wit: Dance studios, barber shops, beauty shops, dining rooms, restaurants, coffee shops, tobacco, magazine, newspaper and drug sundry shops, and valet and massage service utilities, provided that said cabaret or service facilities shall be located and conducted entirely within said hotel building in such manner that no sign, advertisement or other appearance or indication of the existence of such cabaret or service facility, nor any activity of whatsoever nature connected therewith shall be visible at any time or in any manner from any public street, avenue, walk or other public way and such cabaret and service facility shall not be accessible to patrons thereof directly from a public street, avenue, walk or other public thorough- fare, nor indirectly by means of any vestibule, foyer, entryway or room unless such vestibule, foyer, entry- way or room is accessible only from the main entrance and main lobby of the hotel, as such entrance or lobby has been designated on plans for the con- struction or alteration of said hotel building filed with and approved by the Chief Building Inspector, - 1 - and the door of any emergency exit provided for such cabaret or service facility shall be identified as such exit door by words or letters on the interior thereof only, and such exit shall be kept closed at all times except for emergency use, and the door shall be so constructed, equipped and fitted that no entry into such cabaret or service facility can be obtained by opening it from the exterior thereof; and provided further that such cabaret or service facility may be accessible to patrons thereof from a patio, yard, court or other open area adjoining the hotel building where such area is enclosed on the side or sides abutting or visible from a public street, avenue or thoroughfare by an opaque wall containing no facilities for entrance into such open area from the exterior of the wall, and any emergency exit door which may be provided in such wall shall be identified as such exit by words or letters on the interior of the exit door only, and such exit door shall not be visible from any public street, way or thoroughfare, and such exit door or doors shall be kept closed and locked at all times except in case of emergency, and shall be so constructed and equipped that entry into said open area cannot be obtained through said exit by opening the door from the exterior thereof; and provided further that compliance with all requirements, restrictions and con- ditions herein provided have been certified to by the Chief Building Inspector and that said requirements, restrictions and conditions are maintained at all times; and provided further that proof to the satisfaction of the City Council of the failure by the owner, manager or person in control or custody of the cabaret or service facility or his or its agents or employees to comply with conditions as hereinabove set forth for the use of said premises shall be sufficient cause for the revocation by the City Council of the license or permit theretofore issued for the said cabaret or service facility or facilities; and provided further that in addition to the penalties provided for in this ordinance for the violation thereof, the City Council may, in its own discretion, upon the conviction of any person, firm or corporation for the violation of this provision, revoke the license, or permit held by the said person, firm or corporation for the cabaret or service facility herein provided for. 5. Accessory uses for tenants only, provided that where dining rooms, restaurants, coffee shops and other places where food or beverages are served, are operated as accessory uses hereunder, such rooms or places shall be entered only from within the building in the same manner and subject to the same requirements, restrictions and conditions as hereinabove provided for service facilities in hotels with two hundred (200) or more guest rooms, and no sign, advertisement or other appearance or indication of the existence of such accessory use or uses shall be visible at any time or in any manner from any public street, avenue, walk or other public way. " SECTION 2. That Section 5 of Ordinance No. 289 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows : - 2 "SECTION 5 USE REGULATIONS MULTIPLE FAMILY DISTRICT In the 'RE' Multiple Family District, no building or land shall be used and no building shall hereafter be erected., constructed , reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided for, excepting for one or more of the following uses : 1 . Any use permitted in the 'H1 ' Multiple Family District. 2. Multiple Family dwellings or apartments in accord with the area provisions hereinafter defined, and accessory buildings . 3 . Hotels. 4. Hotels consisting of one hundred ( 100) or more guest rooms may contain cabarets and the following service facilities, when designed and intended for use solely and exclusively as an incident to the principal hotel use, to wit: Dance studios, barber shops, beauty shops, dining rooms, restaurants, coffee shops, modistes, sale of wearing apparel, furriers, millinery shops, antique shops, jewelry stores, gift shops, telegraph stations, florist shops, fruit shippers, photograph galleries, tobacco, magazine, newspaper and. drug sundry shops, and valet and massage service utilities, provided that said cabarets or service facilities shall be located and conducted entirely within said hotel building in such manner that no sign, advertise- ment or other appearance or indication of the existence of such cabaret or service facility, nor any activity of whatsoever nature connected therewith shall be visible at any time or in any manner from any public street, avenue, walk or other public way, and such cabaret and service facility shall not be accessible to patrons thereof directly from a public street, avenue, walk or other public thoroughfare, nor indirectly by means of any vestibule, foyer, entryway or room unless such vestibule, foyer, entryway or room is accessible only from the main entrance and main lobby of the hotel as such entrance or lobby has been designated on plans for the construction or alteration of said hotel building filed with and approved by the Chief Building Inspector, and. the door of any emergency exit provided for such cabaret or service facility shall be identified as such exit door by words or letters on the interior thereof only, and. such exit shall be kept closed at all times except for emergency use, and. the door shall be so constructed, equipped and. fitted that no entry into such cabaret or service facility can be obtained by opening it from the exterior thereof; and provided further that such cabaret or service facility may be accessible to patrons thereof from a patio, yard, court or other open area adjoining the hotel building where such area is enclosed on the side or sides abutting or visible from a public street, avenue, or thoroughfare by an opaque wall containing no facilities for entrance into such open area from the exterior of the wall, and any emergency exit door which may be provided in such wall - 3 - shall be identified as such exit by words or letters on the interior of the exit door only, and such exit door shall not be visible from any public street, way or thoroughfare, and such exit door or doors shall be kept closed and locked at all times except in case of emergency, and shall be so constructed and equipped that entry into said open area cannot be obtained through said exit by opening the door from the exterior thereof; and provided further that compliance with all requirements, restrictions and conditions herein provided have been certified to by the Chief Building Inspector, and that said requirements, restrictions and conditions are maintained at all times; and provided further that proof to the satisfaction of the City Council of the failure by the owner, manager or person in control or custody of the cabaret or service facility or his or its agents or employees to comply with conditions as hereinabove set forth for the use of said premises shall be sufficient cause for the revocation by the City Council of the license or permit theretofore issued for the said cabaret or service facility or facilities; and provided further that in addition to the penalties provided for in this ordinance for the violation thereof, the City Council may, in its own discretion, upon the conviction of any person, firm or cor- poration for the violation of this provision, revoke the license, or permit held by the said person, firm or corporation for the cabaret or service facility herein provided for. 5. Private clubs, only upon approval and permit by the City Council of the City of Miami Beach. 6. Apartment hotels . Provision for exterior appearance to be the same as provided in Item No . 4 for Hotels . 7 . Public Schools . 8. Accessory uses for tenants only, provided that where dining rooms, restaurants, coffee shops and other places where food or beverages are served, are operated as accessory uses hereunder, such rooms or places shall be entered only from within the building in the same manner and subject to the same requirements, restrictions and conditions as hereinabove provided for service facilities in hotels with one hundred (100) or more guest rooms, and no sign, advertisement or other appearance or indication of the existence of such accessory use or uses shall be visible at any time or in any manner from any public street, avenue, walk or other public way. 9. Telephone exchanges, only upon approval and permit by the City Council of the City of Miami Beach. 10 . Parking lots, only upon approval and permit by the City Council of the City of Miami Beach, Florida, and. in no case permits to be issued for more than one year. - 4 11 . Banks, Savings and Loan Associations, Public Buildings and Public Utility Buildings, only upon approval and permit by the City Council of the City of Miami Beach. 12. Private schools, only upon approval and per- mit by the City Council of the City of Miami Beach. 13. Lodge Halls . 14. Churches and synagogues . " SECTION 3: That Section 16 of Ordinance No . 289 of the City of Miami Beach, Florida, be and the same is hereby amended. by adding thereto, immediately preceding the last paragraph thereof, the following: "DISTRICT NO. 69. There shall be a front yard having a depth of not ' less than one hundred (100) feet, measured from the ocean, and a rear yard having a depth of sixty-five (65) feet measured from Collins Avenue, and a side yard having a width of not less than twenty (20) feet on either (each) side of a building. DISTRICT NO. 70. There shall be a front yard having a depth of not less than seventy-five (75) feet measured from the ocean, and a rear yard having a depth of not less than forty (40) feet measured from Collins Avenue, and a side yard having a width of not less than twelve and one-half (122) feet on either (each) side of a building. " SECTION 4. That Section 16-B of Ordinance No. 289 of the City of Miami Beach, Florida, be and the same is hereby amended to read as follows : "SECTION 16-B PARKING REGULATIONS In all Parking Districts, hereinafter designated, there shall be provided, in connection with every building hereafter erected, constructed, reconstructed or structurally altered, parking spaces as follows : DISTRICT NO. 1. Permanent parking spaces shall be provided throughout the life of the building for various types of occupancy as follows: a. Single family homes; one parking space per family unit . b. Apartment houses; one parking space per unit for the first four family units, and one parking space for each two family units in excess of four. c . Hotels; one parking space for each two hotel guest rooms . - 5 - Parking spaces to comply must be hard surfaced. and not less than one hundred and sixty ( 160) square feet in area each, with clear access thereto (the area needed for clear access thereto to be in addition to the one hundred and sixty ( 160) square feet required for each parking space as aforesaid) and shall be located on the same property as the main building, or on property contiguous thereto or situated con- veniently near, but not to exceed a distance of eight hundred (800) feet therefrom, not including any intervening streets and alleys . DISTRICT NO. 2. No requirements . DISTRICT NO. 3. Permanent parking spaces shall be provided throughout the life of the building for various types of occupancy as follows : a. Single family homes; two parking spaces per family unit . b. Apartment houses; three parking spaces for each two family units . c . Hotels; three parking spaces for each two hotel guest rooms . Parking spaces to comply must be hard surfaced and not less than one hundred and sixty (160) square feet in area each, with clear access thereto (the area needed for clear access thereto to be in addition to the one hundred and sixty (160) square feet required for each parking space as aforesaid ) and shall be located on the same property as the main building, or on property contiguous thereto or situated conveniently near, but not to exceed a distance of eight hundred (800) feet therefrom, and not to be separated therefrom by any street or alley. SECTION 5 . That Ordinance No. 289 of the City of Miami Beach, Florida, and the maps attached thereto and made a part thereof be and the same are hereby amended so as to include in "Hl" Multiple Family District those certain parcels of land situate in Miami Beach, Dade County, Florida, described as follows to wit: Lots Thirteen (13) to Twenty-three (23) inclusive of Indian Beach Corporation 's Subdivision, according to the amended plat thereof, recorded in Plat Book Eight (8) at page Sixty-one (61) of the public records of Dade County, Florida; - 6 - AND ALSO Lots One (1 ) to Thirty (30) inclusive; Lots Two Hundred Thirty-one (231) to Two Hundred Forty-five (245) inclusive; Lots Three Hundred Thirty-two (332) to Three Hundred Forty-five (345) inclusive; all in First Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book Nine (9) , page Seventy-eight (78) of the public records of Dade County, Florida; AND ALSO Lots One ( 1) to Eighteen ( 18) inclusive of Block One (1) , and Lots One (1) to Eighteen (18) inclusive of Block Two (2) , all in Second. Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book ,Twenty-eight (28) , page Twenty-eight (28) of the public records of Dade County, Florida. " SECTION 6. That Ordinance No. 289 of the City of Miami Beach, Florida, and the maps attached thereto and made a part thereof be and the same are hereby amended so as to include in Area District No. 69, as said district is set forth and defined in said ordinance, the following described parcels of land, situatE in Miami Beach, Dade County, Florida, to wit: "Lots Thirteen (13) to Twenty-three (23) inclusive of Indian Beach Corporation 's Subdivision, according to the amended plat thereof, recorded in Plat Book Eight (8) at page Sixty-one (61 ) of the public records of Dade County, Florida; AND ALSO Lots One ( 1) to Thirty (30) inclusive, and Lot Two Hundred Thirty-one (231) of First Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book Nine (9) , page Seventy-eight (78) of the public records of Dade County, Florida. " SECTION 7. That Ordinance No. 289 of the City of Miami Beach, Florida, and the maps attached thereto and made a part thereof be and the same are hereby amended so as to include in Area District No. 70, as said district is set forth and de- fined in said ordinance, the following described parcels of land, situate in Miami Beach, Dade County, Florida, to wit : - 7 - Lots Two Hundred Thirty-two (232) to Two Hundred Forty-five (245) in- clusive of First Ocean Front Sub- division, according to the amended plat thereof, recorded in Plat Book Nine (9) , page Seventy-eight (78) of the public records of Dade County, Florida; AND ALSO Lots One ( 1) to Eighteen (18) inclusive of Block One ( 1) of Second Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book Twenty-eight (28) , page Twenty-eight (28) of the public records of Dade County, Florida. " SECTION 8. That Ordinance No. 289 of the City of Miami Beach, Florida, and the maps attached thereto and made a part thereof be and the same are hereby amended so as to exclude from Parking District No . 1, and to include in Parking District No . 3, those certain parcels of land , situate in Miami Beach, Dade County, Florida, and described as follows, to wit : "Lots Thirteen (13) to Twenty-three (23) inclusive of Indian Beach Cor- poration 's Subdivision, according to the amended plat thereof, recorded in Plat Book Eight (8) , at page Sixty- one of the public records of Dade County, Florida; AND ALSO Lots One (1) to Thirty (30) inclusive; Lots Two Hundred. Thirty-one (231) to Two Hundred. Forty-five (245) inclusive; Lots Three Hundred Thirty-two (332) to Three Hundred Forty-five (345) inclusive; all in First Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book Nine (9) , page Seventy-eight (78) of the public records of Dade County, Florida; AND ALSO Lots One ( 1) to Eighteen (18) inclusive of Block One ( 1) , and Lots One (1) to Eighteen (18) inclusive of Block Two (2) , all in Second Ocean Front Subdivision, according to the amended plat thereof, recorded in Plat Book Twenty-eight (28) , page Twenty-eight (28) of the public records of Dade County, Florida. " - 8 - SECTION 9. That Section 15 of Ordinance No. 289 of the City of Miami Beach, Florida, be and the same is hereby amended by adding thereto, immediately after sub- section 6 thereof, an additional sub-section to be known as sub-section 6 , and to read as follows: "62. 'H1 ' Multiple Family District. a. Single family dwellings shall provide Ten Thousand (10,000) square feet of lot area per family; no such dwelling shall have less than Twenty-five Hundred (2500) square feet of floor area. b. Two family dwellings shall provideseventy- five hundred (7500) square feet of lot area per family, and there shall in no case be less than ten (10) feet between buildings . No such dwelling shall have less than four hundred (400) square feet of floor area for each family unit . c . Apartment buildings shall provide seven hundred and fifty (750) square feet of lot area for each family unit . Sixty-six percent (66%) of the family units in any apartment building shall contain a minimum floor area of six hundred (600) square feet, and thirty- four percent (34%) thereof shall contain a minimum floor area of four hundred (400) square feet . d. Hotel buildings shall provide four hundred (400) square feet of lot area for each guest room. e . Bungalow or house courts shall provide a minimum of not less than twenty-eight hundred (2800) square feet of lot area per family, and. there shall in no case be less than ten ( 10) feet between buildings . No unit shall provide less than four hundred (400) square feet of floor area. There shall be an outer court with a minimum width of ten (10) feet and a minimum area of not less than thirty (30) percent of the gross lot area, so arranged as to provide ingress and egress to and from all units . f. In this district all buildings shall be of 'Type 1 ' construction, as said 'Type 1 ' construction is set forth and defined in the Building Code of the City of Miami Beach. " g. In this district flashing, blinking, rotating or other similar varying or intermittent lighting of signs, outline lighting or exterior illumination is prohibited and the source of light of signs or outline lighting shall not be visible at any time or in any manner from any public street, avenue walk or other public way. All signs and lighting displays shall be so shielded that the light intensity is reduced by at least 50% from the source to the immediate outside of any portion of the light fixture . - 9 - SECTION 10 . 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 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 percen- tage of lot that may be occupied and the density of population, the City of Miami Beach, Florida, is hereby divided into use, area and parking districts as follows : 1. RAA, RA, RB and RC Estate Districts . 2. RD Single Family District . 3 . RDD Modified Single Family District . 4. RDE Restricted Multiple Family District . 42. H1 Multiple Family District. 5 . RE Multiple Family District . 54. REE Multiple Family District . 5a . BAAA, Modified Business District . 6. BAA, BA, BB, BC, BD, BE, BF and BG Business Districts . 7 . Cabana and Swimming Pool District . 8. Two Story Cabana District . " SECTION 11. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 112. If any part or parts of this ordinance shall, for any reason, be declared unconstitutional or void , it is the express intent of the City Council that the balance of the ordinance shall remain effective and that it would have been passed and adopted by the City Council with the unconstitutional and void part or parts deleted therefrom. SECTION 12 . That this ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 17th day of April, A. D. 1957 . aX..1 i;;;; /-42..—<:__(.2_ Mayor Attest.:- //6/ C ty C erk SEAL 1st reading - April 3, 1957 2nd reading - April 3, 1957 3rd reading - April 17, 1957 Posted - April 18, 1957 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. 1253 , 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 18th day of April, 1957, 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 5th day of June, A.D. 1957 . Oilk • r-. 01 • CO Cd C1/4.1 C) r4 ir4 • 4-) ir OC) z r-I -P 0 0 cd • C.) In a.) 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