Ordinance 1280 ORDINANCE NO. 1280
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
'REA' MULTIPLE FAMILY DISTRICT
In the 'REA ' Multiple Family District, no building
or land shall be used and no building shall here-
after 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, 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 one hundred ( 100) 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' 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 thoroughfare,
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 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 fur-
ther that such cabaret or service facility may be accessible
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to patrons thereof from a patio, yard, court or other open
area adjoining the hotel building where such area is en-
closed 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 thevall, 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 cases of emergency, and shall be so constructed
and equipped that entry into said open area cannot be ob-
tained 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 herein-
above 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 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.
6. Apartment hotels -- provision for exterior appearances
to be the same as provided in Item No . 4 for hotels .
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 of
buildings and other structures hereafter erected or
altered, to regulate and determine the size and
dimensions of yards, courts and other open spaces
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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 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. REA Multiple Family District .
5. RE Multiple Family District .
52. 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 3. 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:
"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 'REA ' 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, 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 thoroughfare,
nor indirectly by means of any vestibule, foyer, entry-
way 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 altera-
tion of said hotel building filed with and approved by the
Chief Building Inspector, and the door of any emergency
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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 pro-
vided 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 thorough-
fare, 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 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. Private clubs, only upon approval and permit by the
City Council of the City of Miami Beach.
6. Public Schools .
7. 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.
8. Telephone exchanges, only upon approval and permit
by the City Council of the City of Miami Beach.
9. 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.
10. 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.
11. Lodge Halls.
12. Churches and s nag: ues.
13 . Private school , onl bon appproval and 'emit by the
City Council o. the ,,i J of Miami Beach.
SECTION 4. 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
paragrarh thereof, the following:
i°DISTRICT NO. 69. There shall be a rear yard having
a depth of fifty (50) 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. "
SECTION 5. That Section 16-B of Ordinance No. 289 of the City of
Miami Beach, Florida, be and the same is hereby
amended by adding thereto, at the end thereof, the following:
"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 unit.
c . Hotels ; one parking space for each hotel guest
room.
Above-ground parking spaces to comply must be hard
surfaced and not less than 160 square feet in area
each, with clear access thereto, and 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 800 feet therefrom,
not including any intervening streets and alleys , but
in all events shall be located on the same side of the
street or avenue asthe main building. Underground
parking will be permitted in yard areas provided,
however, that no structure in connection therewith
shall project above ground more than 5 feet above
grade. "
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 the "Two-Story Cabana District" and in Area District No. 43,
as said Districts are set forth and defined in said ordinance,
those certain parcels of land situate in Mi4mi Beach, Dade County,
Florida, bounded as follows, to wit:
- 5 -
"Bounded on the easterly side by a line
described as follows :
Beginning at a point which is on the
northerly line, produced easterly, of Lot
Twelve (12) of Indian Beach Corporation' s
Subdivision, according to the amended plat
thereof, recorded in Plat Book 8 at page 61
of the public records of Dade County, Florida,
said point being four hundred seventy-two
(472) feet easterly of the easterly line of
Collins Avenue, measured along said northerly
line of Lot Twelve (12) and said northerly
line produced easterly;
Thence run northerly to a point on the
northerly line, produced easterly, of Lot
Sixteen (16) of the above mentioned subdivision;
said point being four hundred sixty (460) feet
easterly of the easterly line of Collins Avenue,
measured along said northerly line of Lot Sixteen
(16) and said northerly line produced easterly;
Thence run in a northerly direction to a point
on the northerly line, produced easterly, of
Lot Twenty-two (22) of the above mentioned
subdivision, produced easterly, said point being
four hundred fifty (450) feet easterly of the
easterly line of Collins Avenue measured along
said northerly line of Lot Two (2) and
said northerly line produced easterly.
Bounded on the southerly side by the southerly
line of Lot Fifteen (15) of said Indian Beach
Corporation' s Subdivision, produced easterly;
Bounded on the northerly side by the northerly
line of Lot Seventeen (17) of said subdivision,
produced easterly;
Bounded on the westerly side by a line parallel to
and ninety (90) feet westerly of the line heretofore
described as the easterly boundary of the parcel
hereby described;
AND ALSO that certain parcel of land situate in said
City of Miami Beach, Florida, bounded as follows,
to wit:
Bounded on the easterly side by a line
described as follows :
Beginning at a point which is on the
northerly line, produced easterly, of Lot
Twelve (12) of Indian Beach Corporation' s
Subdivision, according to the amended plat thereof
recorded in Plat Book 0 at page 61 of the public
records of Dade County, Florida, said point being
four hundred seventy-two (472) feet easterly of the
easterly line of Collins Avenue, measured along
said northerly line of Lot Twelve (12) and said
northerly line produced easterly;
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Thence run northerly to a point on the northerly line,
produced easterly, of Lot Sixteen (16) of the above
mentioned subdivision; said point being four hundred
sixty (460) feet easterly of the easterly line of Collins
Avenue, measured along said northerly line of Lot Sixteen
(16) and said northerly line produced easterly;
Thence run in a northerly direction to a point on the
northerly line , produced easterly, of Lot Twenty-two (22)
of the above mentioned subdivision, produced easterly,
said point being four hundred fifty (450) feet easterly
of the easterly line of Collins Avenue measured along said
northerly line of Lot Twenty-two (22) and said northerly
line produced easterly.
Bounded on the southerly side by the southerly line of
Lot Twenty (20) of said Indian Beach Corporation's Sub-
division, produced easterly;
Bounded on the northerly side by the northerly line of
Lot Twenty-two (22) of said subdivision, produced easterly;
Bounded on the westerly side by a line parallel to and
ninety (90) feet westerly of the line above described as
the easterly boundary of the land described hereby. "
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 they are hereby amended so as to include in "REA" Multiple Family
District, in Area District No. 69 and in Parking District No. 3, as
said districts are set forth and defined in said ordinance, those
certain parcels of land situate in Miami Beach, Dade County, Florida
described as follows, to wit :
"All of Lots Fifteen (15) , Sixteen (16) and Seventeen (17)
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,
EXCEPT the portion thereof bounded as follows, to wit :
Bounded on the easterly side by a line described as follows :
Beginning at a point which is on the northerly line, produced
easterly, of Lot Twelve (12) of Indian Beach Corporation' s
Subdivision, according to the amended plat thereof, recorded
in Plat Book 8 at page 61 of the public records of Dade County,
Florida, said point being four hundred seventy-two (472)
feet easterly of the easterly line of Collins Avenue, measured
along said northerly line of Lot Twelve (12) and said northerly
line produced easterly;
Thence run northerly to a point on the northerly line,
produced easterly, of Lot Sixteen (16) of the above mentioned
subdivision; said point being four hundred sixty (460)feet
easterly of the easterly line of Collins Avenue, measured
along said northerly line of Lot Sixteen (16) and said northerly
line produced easterly;
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Thence run in a northerly direction to a point on the
northerly line, produced easterly, of Lot Twenty-two
(22) of the above mentioned subdivision, produced easterly,
said point being four hundred fifty (450) feet easterly
of the easterly line of Collins Avenue measured along said
northerly line of Lot Twenty-two (22) and said northerly
line produced easterly.
Bounded on the southerly side by the southerly line of
Lot Fifteen (15) of said Indian Beach Corporation's Sub-
division, produced easterly;
Bounded on the northerly side by the northerly line of
Lot Seventeen (17) of said subdivision, produced easterly;
Bounded on the westerly side by a line parallel to and
ninety (90)feet westerly of the line heretofore described
as the easterly boundary of the parcel hereby described;
AND ALSO those certain parcels of land situate in said
city, county and state, described as follows, to wit :
All of Lots Twenty (20) , Twenty-one (21) and Twenty-two
(22) of said Indian Beach Corporations subdivision,
according to the Plat thereof; recorded in Plat Book 8
at page 61 of the public records of Dade County, Florida,
EXCEPT the portion thereof bounded as follows, to wit :
Bounded on the easterly side by a line described as follows,
to wit :
Beginning at a point which is on the northerly line ,produced
easterly, of Lot Twelve (12) of Indian Beach Corporation' s
subdivision, according to the amended plat thereof, recorded
in Plat Book 8 at page 61 of the public records of Dade County,
Florida, said point being four hundred seventy-two (472) feet
easterly of the easterly line of Collins Avenue, measured along
said northerly line of Lot Twelve (12) and said northerly
line produced easterly;
Thence run northerly to a point on the northerly line,
produced easterly, of Lot Sixteen (16) of the above mentioned
subdivision; said point being four hundred sixty (460) feet
easterly of the easterly line of Collins Avenue, measured
along said northerly line of Lot Sixteen (16) and said northerly
line produced easterly;
Thence run in a northerly direction to a point on the northerly
line, produced easterly, of Lot Twenty-two (22) of the above
mentioned subdivision, produced easterly, said point being
four hundred fifty (450) feet easterly of the easterly line of
Collins Avenue measured along said northerly line of Lot
Twenty-two (22) and said northerly line produced easterly.
Bounded on the southerly side by the southerly line of Lot
Twenty (20) of said Indian Beach Corporation's Subdivision,
produced easterly;
Bounded on the northerly side by the northerly line of Lot
Twenty-two (22) of said subdivision, produced easterly;
Bounded on the westerly side by a line parallel to and ninety
(90) feet westerly of the line above described as the easterly
boundary of the land described hereby. "
-8-
SECTION 8. 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 subsection 7thereof, an
additional subsection to be known as Subsection 7 , and to read
as follows:
"7 . ' REA' Multiple Family District .
a. Single family dwellings shall provide twenty-eight
hundred (2800) sq. ft . of lot area per family. No
such dwelling shall have less than four hundred (400)
sq. ft . of area.
b . Two family dwellings shall provide sixteen hundred
(1600) sq. ft. 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)
sq. ft . of floor area for each family unit.
c . Multiple family dwellings shall provide a minimum
of not less than four hundred (400) sq. ft. within the
limiting walls of any family'unit .
d. Bungalow or house courts shall provide a minimum
of not less than twenty-eight hundred (2800) sq. ft . 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) sq. ft. 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 .
e . 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.
f. 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. Allsigns 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 . "
SECTION 9 . That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 10 . 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
9
by the City Council with the unconstitutional and void part
or parts deleted therefrom.
SECTION 11 . That this ordinance shall go into effect imme-
diately upon its passage and posting as required
by law.
PASSED and ADOPTED this 18th day of December ,A.D.
1957 .
A —
Mayor
ATTESTS
K..
A41*--
City erk
1st reading - November 27, 1957
2nd reading - November 27, 1957
3rd reading - December 18, 1957
POSTED - December 18, 1957
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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. 1280 , 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 December, 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 2nd day of February, A.D. 1958 .
J
City / erk
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