Ordinance 84-2439 ORDINANCE NO: 84-2439
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF MIAMI
BEACH, FLORIDA (ORDINANCE NO. 1891, AS AMENDED) BY
DELETING THEREFROM IN ITS ENTIRETY SECTION 22-1D --
INTERIM DEVELOPMENT DISTRICT AND ELIMINATING THE
DESIGNATION OF SAME ON THE CITY OF MIAMI BEACH ZONING
DISTRICT MAP AND BY MAKING SUCH OTHER CHANGES AS ARE
NECESSARY TO BRING THE ZONING ORDINANCE INTO
CONFORMANCE WITH THE NEW PERMANENT ZONING FOR
SOUTH SHORE, AS ESTABLISHED HEREIN; BY ADOPTING A NEW
SECTION 22 TO BE TITLED: "PS - PERFORMANCE STANDARD
DISTRICT" AND MAPPING SAME ON THE CITY OF MIAMI BEACH
ZONING DISTRICT MAP IN ORDER TO REGULATE DEVELOPMENT
AND REDEVELOPMENT IN THE DISTRICT IN CONFORMITY WITH
THE SOUTH SHORE REVITALIZATION STRATEGY (FEBRUARY,
1984), A REDEVELOPMENT PLAN ADOPTED BY THE CITY
COMMISSION PURSUANT TO THE COMMUNITY REDEVELOPMENT
ACT (F.S. § § 163.330 ET SEQ.); AND AS THE REDEVELOPMENT
ELEMENT OF THE CITY COMPREHENSIVE PLAN PURSUANT TO
THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF
1975 (F.S.§ 163.3161 ET SEQ.); BY PROVIDING FOR THE REPEAL
OF ORDINANCES IN CONFLICT HEREWITH; BY PROVIDING FOR
SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (hereinafter "City") is a home rule
charter City pursuant to Art. VIII, § 1(f), 1(g) and 2(b) of the Florida Constitution, the
Municipal Home Rule Powers Act (F.S. Ch. 166 (1973)) and the Miami Beach City Charter,
and has all "governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal services, including
the authority to adopt and enforce comprehensive plans, zoning ordinances and other
necessary land use control measures; and
WHEREAS, the City is authorized and required by the Local Government
Comprehensive Planning Act of 1975, as amended, to prepare, adopt, amend, as necessary,
and implement a Comprehensive Plan; and
WHEREAS, the Local Government Comprehensive Planning Act specifically
provides that a redevelopment plan may be an element of the Comprehensive Plan (F.S.,
163.3177(7)(h); and
WHEREAS, the City is authorized by the Community Redevelopment Act, as
amended, to prepare, adopt, amend, as necessary, and implement a community
redevelopment plan; and
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WHEREAS, the City has adopted the Miami Beach Comprehensive Plan on
August 20, 1980, pursuant to the Local Government Comprehensive Planning Act, which
Comprehensive Plan incorporated by reference the South Shore Redevelopment Plan adopted
on March 2, 1977 and amended on April 25, 1979 by the City; and
WHEREAS, the City amended the Redevelopment Plan element of the
Comprehensive Plan on May 5, 1982 with the adoption of an Amended and Restated
Redevelopment Plan for the South Shore Redevelopment Project; and
WHEREAS, the City adopted an Interim Development Control ordinance
(Ordinance No. 83-2355) on January 5, 1983, replacing the RU-Redevelopment Use District
applicable to the South Beach Redevelopment Area in order to regulate and restrict
development in the area for an "interim" period, but not to exceed one (1) year, pending
adoption of a new redevelopment plan and new permanent zoning for the area; and
WHEREAS, the City extended the Interim Development Control Ordinance for an
additional period not to exceed six (6) months on January 13, 1984 and for an additional
period not to exceed four (4) months on July 15, 1984 to terminate on November 15, 1984;
and
WHEREAS, the City, pursuant to proper notice and public hearings in accordance
with the Community Redevelopment Act and the Local Government Comprehensive
Planning Act, and with the recommendation of the Planning Board and the Redevelopment
Agency pursuant to law, has adopted the South Shore Revitalization Strategy (February
1984) as the City's Redevelopment Plan for South Shore and as the redevelopment element
of the City Comprehensive Plan; and
WHEREAS, the South Shore Revitalization Strategy (February 1984) specifies
land uses, densities and other planning and design criteria for development and
redevelopment in the South Shore area; and
WHEREAS, the "PS - Performance Standard District" establishes regulations
consistent with and in furtherance of the redevelopment element and the goals, objectives
and policies thereof; and
WHEREAS, the Miami Beach Planning Board has held public hearings on the PS -
Performance Standard District on May 22, 1984, June 4, 1984 and June 26, 1984, giving due
public notice thereof, and has submitted its recommendations thereon to the City
Commission;
WHEREAS, the Miami Beach City Commission has held public hearings on the PS
- Performance Standard District on September 5, 1984 and September 19, 1984, giving due
public notice thereof, has heard various comments from the public, has reviewed the
proposed zoning district and has made findings relative to the consistency of the zoning and
the City Comprehensive Plan and Redevelopment Plan.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TIIE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance
No. 1891, as amended) shall be amended as follows:
(a) by deleting therefrom in its entirety Section 22-ID, Interim Development District
and eliminating the designation of same on the City of Miami Beach Zoning District Map and
substituting a new Section 22 to be titled "PS - Performance Standard District" and mapping
same on the City of Miami Beach District Map;
(b) by eliminating from the City of Miami Beach Zoning District Map as established
by Section 4-2, the designations RM-60, RM-100, C-1, C-5 and C-6 in the designated South
Shore redevelopment area;
(c) by eliminating from the City of Miami Beach Multi-Family Zoning Area District
Map (for Front and Rear Yard Setback), as established by Section 8-3, the designations 4, 9
and 10 in the designated South Shore redevelopment area and substituting therefore the
following language on said map: "See Section 22 - PS - Performance Standard District
regulations."
(d) by adding to Section 23-2A a new subsection 4 as follows:
"4. any use, structure or building located within a designated redevelopment
area."
(e) by amending Section 27-2A by adding thereto a new subsection (5) to read as
follows:
"5. Facilities shall not be located in any designated redevelopment area."
(f) by adding to Section 25-3A a new subsection 5 as follows:
"5. R-PS 1-4 Residential - Performance Standards District."
(g) by adding to Section 11-2 new subsections I and J as follows:
"I. SIGNS PERMITTED IN THE R-PS 1-4 DISTRICTS
ZONING AWNING/ DETACHED
DISTRICT NOTES MARQUEE FLAT PROJECTING (POLE-PYLON)
R-PS 1 15 sq. 15 sq. not permitted not permitted
R-PS 2 ft. ft.
R-PS 3 Aggregate 15 sq. 60 sq. not permitted, not permitted
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R-PS 4 Sign Area ft. ft.
40 sq. ft./
100' of street
frontage
"3. SIGNS PERMITTED IN THE C-PS 1-3 DISTRICTS
ZONING AWNING/ DETACHED
DISTRICT NOTES MARQUEE FLAT PROJECTING (POLE-PYLON)
C-PS 1 15 sq. 10% of 20 sq. ft. not permitted
ft. wall
40 sq.
ft. max.
C-PS 2 Aggregate 15 sq. 15% of 20 sq. ft. 20 sq. ft.
Sign Area ft. wall
150 sq. ft./ 70 sq.
100' of street ft. max.
frontage
C-PS 3 Aggregate 15 sq. 15% of 40 sq. ft. 40 sq. ft.
Sign Area ft. wall
200 sq. ft./ 100 sq.
100' of street ft. max.
frontage
(h) by adding to Section 7-3 new subsections E and F as follows:
"E. R-PS 1-4 ACCESSORY
Permitted accessory uses shall include those listed in Sections 7-3A and B of this
Ordinance provided, however, that such accessory uses shall: (1) be designed principally
to accommodate and serve the residents/occupants of the principal use; (2) have limited
accessibility to the general public; (3) be of a size and character consistent with the
needs of the residents/occupants of the principal use; (4) meet any Ret increased the
parking requirements necessitated by such use; Reeds eI the deve4eereeRti (5) not
require additional loading facilities; and (6) not cause the need for any variance in
minimum required yards, height, setback, bulk, parking, loading, floor area ratio, open
space ratio, or other requirements of this Ordinance.
"F. C-PS 1-3 ACCESSORY
Permitted accessory uses shall include those listed in Section 7-3C of this
Ordinance for non-residential principal uses and those listed in Sections 7-3A and B, as
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modified by Section 7-3E of this Ordinance, for residential principal uses. Accessory
uses in a mixed use development shall be subject to the requirements for residential
principal uses if 25% or more of the total area of the building is used for dwelling
purposes and to the requirements for non-residential principal uses if less than 25% of
the total area of the building is used for dwelling purposes."
SECTION 2. The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance No.
1891, as amended) shall be further amended by adopting a new Section 22 to be titled "PS -
PERFORMANCE STANDARD DISTRICT" by establishing said district and by including same on
the listing of districts in Section 4-IA and Section 21-2 of the Zoning Ordinance and by mapping
same on the City of Miami Beach Zoning District Map pursuant to Section 4-2.
SECTION 3. The new Section 22 - "PS - Performance Standard District" shall consist of
the following provisions:
Section 22-1. Short Title
This Ordinance shall be known and cited as the "Performance Standard District
Ordinance of Miami Beach Florida."
Section 22-2. Definitions
A. For the purposes of this Ordinance, words and terms used herein are defined in
Section 3 of the Miami Beach Zoning Ordinance.
B. In addition, as used in this section, the following words and terms shall have the
following meaning, unless another meaning is plainly intended:
(1) APPLICANT means any person, including a governmental agency, seeking to
undertake any development as defined herein.
(2) AREA or PLAN AREA means the area included within the boundaries of the
South Shore Redevelopment Project as established pursuant to Fla. Stat. §163.330 et seq. and as
specified in the Redevelopment Plan.
(3) BUILDING PERMIT means a permit issued by the designated Building Official or
authorized agency or department of the City which allows a building or structure to be erected,
constructed, altered, moved, converted, extended, enlarged or used, for any purpose, in
conformity with applicable City Codes and Ordinances.
(4) CITY means the City of Miami Beach, Florida.
(5} CITY COMMISSION means the City Commission of the City of Miami Beach,
Florida, the governing body of the City.
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(6) COMMUNITY REDEVELOPMENT AGENCY OF 1969 means and refers to the
community redevelopment law, Fla. Stat. §163.330 et seq.
(7) COMMUNITY REDEVELOPMENT AGENCY or AGENCY means the
Redevelopment Agency of the City of Miami Beach, Florida, a public agency created pursuant to
I`la. Stat. §163.330 et seq.
(8) DESIGN REVIEW means the process and includes the requirements as set forth in
Section 23 of the Zoning Ordinance.
(9) DEVELOPMENT means the undertaking of any building or construction, including
new construction, rehabilitation, renovation or redevelopment, the making of any material
changes in the use or appearance of property or structures, the subdivision of land, or any other
action for which development approval is necessary.
(10) DEVELOPMENT AGREEMENT means and refers to an agreement entered into by
the City and the Property Owner with respect to the project, by which the development, use,
timing, capital improvements and other elements of the project may be specified.
(11) DEVELOPMENT APPROVAL includes any zoning, rezoning, conditional use,
special exception, variance or subdivision approval, or any other official action of local
government having the effect of approving the development of land.
(12) DEVELOPMENT RIGHTS means and refers to the equivalent number of dwelling
units per acre calculated as the difference between 60 dwelling units per acre and the number of
dwelling units per acre for which development approval is being sought by the applicant;
development rights are transferable to properties in the receiving area only.
(13) MIAMI BEACH PROPERTY MAINTENANCE STANDARDS means and refers to
Chapter 17B of the Miami Beach City Code, as amended.
(14) OPEN SPACE RATIO means and refers to a percentage calculated as the area of
open space, including required yards, at grade to the gross lot area of a parcel.
(15) PERFORMANCE STANDARD USE means any development in the PS -
Performance Standard District for which a building permit or development approval is required,
and, which use is permissible as of right or by conditional use in the PS district.
(16) PROJECT means the performance standard use or development for which a
development approval is being sought by the applicant.
(17) PROPERTY OWNER means the person or persons having a legal or equitable
interest in real property, including property that is the subject of a development agreement, and
includes the property owner's successor in interest.
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(18) REDEVELOPMENT PLAN means the South Shore Revitalization Strategy
prepared pursuant to Fla. Stat. §163.330 et seq., adopted by the City Commission on February 15,
1984, and constituting the Redevelopment Plan for the area as well as the redevelopment elemen
of the City Comprehensive Plan.
(19) SITE PLAN means a plan meeting each of the requirements as set forth in
Section 14-3 and 23 of the Zoning Ordinance.
(20) SITE PLAN APPROVAL means final approval by the properly designated City
agency, department or official pursuant to the procedure set forth in Section 7 or 23 of the Zoning
Ordinance.
(21) SOUTH FLORIDA BUILDING CODE means Chapter 8, Sections 8-1 through 8-4
of the City Code, as amended.
(22) SUBSTANTIAL REHABILITATION means the expenditure of funds in an amount
not less than 50% of the assessed valuation of the subject property for the reconstruction and
improvement of buildings, accessory uses andstructures; for the construction or improvement of
parking and open space; and for site development, that will result in such project then meeting all
applicable performance standards and requirements of this Ordinance.
(23) ZONING DISTRICT MAP means the City of Miami Beach Zoning District Map as
amended, dated and signed by the Mayor and City Clerk of the City of Miami Beach, upon
adoption.
(24) ZONING ORDINANCE means the City of Miami Beach Zoning Ordinance,
Ordinance No. 1891, as amended.
Section 22-3. Establishment of District and Divisions
The PS - Performance Standard District is hereby established as shown on the map
designated as the City of Miami Beach Zoning District Map. The PS district generally consists of
all privately-owned land in the South Shore Redevelopment area and consists of two divisions: a
Residential-Performance Standard (R-PS) district and a Commercial-Performance Standard (C-
PS) district, each of which is further subdivided based upon the type and density or intensity of
permitted uses.
Section 22-4. District Purpose and Subdistricts
A. Residential-Performance Standards. The residential-performance standards
district is designed to accommodate a broad spectrum of medium-low to high density residential
development including townhomes and multiple-family development pursuant to "performance
standards" which shall control the permissible type and density of residential development.
Performance standards development will allow for modification of certain individual lot
requirements, greater flexibility, particularly for large-scale development, and incentives for
provision of certain amenities and for conformance with specified objectives, thereby encouraging
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more flexible and innovative design and development, in accordance with the goals and objectives
of the Comprehensive Plan and the Redevelopment Plan.
In order to adequately and properly distinguish between permissible types and densities of
residential development in the Redevelopment Area, the Residential-Performance standards
district is further divided into the following subdistricts:
R-PS 1 Medium - Low Density
R-PS 2 Medium Density
R-PS 3 Medium - High Density
R-PS 4 High Density
B. Commercial Performance Standards. The Commercial-Performance Standards
district is designed to accommodate a range of business, commercial, office and hotel uses, as
well as medium to high density residential development pursuant to "performance standards"
which shall control the permissible type, density or intensity, and mix of development.
Performance standards development will allow for modification of certain individual lot
requirements, greater flexibility, particularly for large-scale development and incentives for
provision of certain amenities and for conformance with specified objectives, thereby encouraging
more flexible and innovative design and development in accordance with the goals and objectives
of the Comprehensive Plan and the Redevelopment Plan.
In order to adequately and properly distinguish between types, densities and intensities of
uses and mix of permitted development in the Redevelopment Area, the Commercial-Performance
Standards district is divided into the following sub-districts:
C-PSI Limited Mixed-use Commercial
C-PS2 General Mixed-use Commercial
C-PS3 Intensive Mixed-use Commercial
Section 22-5. Use Regulations
A. Uses Permitted By Right, Uses Permitted by Conditional Use Permit and Uses
Not Permitted. No building, structure or land shall be used or occupied except as a main
permitted use, a conditional use, or an accessory use to a main permitted use, in accordance with
the Table of Permitted Uses. A use in any district denoted by the letter "P" is a use permitted by
right in such district or subdistrict, provided that all requirements and performance standards
applicable to such uses have been met. A use in any district denoted by the letter "C" is
permissible as a conditional use in such district or subdistrict, provided that all requirements and
performance standards applicable to such use have been met and provided that all requirements of
Section 7 of the Zoning Ordinance have been met. A use in any district denoted by the letter "N"
is not permitted in such district or subdistrict. Uses permitted by right, as a conditional use, or as
an accessory use shall be subject to all use regulations and performance standards contained
herein and to such other regulations as may be applicable, including site plan review and/or design
review. Uses not listed in the Table of Permitted Uses are not permitted in the district or
subdistrict. No use is permitted on a parcel, whether listed by right, as a conditional use or as an
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accessory use in such district, unless it can be located on such parcel in full compliance with all of
the performance standards and other requirements of the Zoning Ordinance applicable to the
specific use and parcel in question.
B. Table of Permitted Uses
Districts and Subdistricts
General Residential-Performance Commercial-Performance
Use Category Standards Standards
R-PS 1 R-PS 2 R-PS 3 R-PS 4 C-PS 1 C-PS 2 C-PS 3
A. Residential P P P P P P P
B. Hotel/Motel N N C P C P P
C. Commercial N N N N P P P
D. Office N N N N P P P
E. Institutional P P = P P P P P
F. Accessory P P P P P P P
Legend
P - Main Permitted Use
C - Conditional Use
N - Not Permitted
C. General Use Categories
1. Residential: includes single-family dwelling, two-family dwelling, multi-family
dwelling, townhouse, group home, apartment building.
2. Hotel/Motel: includes hotel, motel, and apartment hotel.
3. Commercial: includes retail sales, personal services, restaurants, theatre,
clinics, clubs and similar uses.
4. Offices: includes professional, business, medical, laboratory, research, and
similar office uses.
5. Institutional: includes public buildings and uses, public utilities, post office,
educational and philanthropic uses, museums, religious institutions, public recreation, and other
similar uses.
6. Accessory: as defined in Section 3-2A.2 and subject to the regulations of
Section 7-3 of this Ordinance.
D. Non-Conforming Uses, Lots and Structures
•
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(1) Applicability. Non-conforming uses, lots and structures shall be subject to the
regulations contained in Section 12 of this Ordinance and the additional and supplemental
regulations prescribed herein.
(2) Supplemental Regulations As To Non-Conforming Structures.
(a) Any structure in existence in the PS district as of the effective date of this
Section that is non-conforming as to height, area, yard, bulk, setback, open space ratio, floor area
ratio, parking, loading, or floor area per unit may be maintained.
(b) If such non-conforming structure has been cited by the Dade County Unsafe
Structures Board, the owners shall bring the structure into conformance with the applicable codes
within the time period specified by the Dade County Unsafe Structures Board. If it is not brought
into compliance with in said time period, the building shall not again be used except in compliance
with the zoning regulations of the PS district.
(c) If such non-conforming structure is unused as of the effective date of this
ordinance and either (1) has remained idle or unused for a continuous period of six (6) months, or (2)
has remained idle or unused for eighteen (18) months during any three (3) year period whether or not
the equipment or fixtures are removed, the structure shall not again be used except in conformity
with the regulations of the PS district.
(d) If such non-conforming structure has been damaged by any cause whatever to
the extent of more than fifty (50%) percent of the County tax-assessed value of the building, it shall
not be restored except in conformity with the regulations of the PS district. If a building is
damaged by less than fifty 50% of the tax-assessed value, it may be repaired and used as before the
time of damage, provided that such repairs or reconstruction be substantially completed within
twelve (12) months of the date of such damage; provided that such repairs or rehabilitation result in
such structure meeting all applicable standards of the Miami Beach Property Maintenance Standards
and the South Florida Building Code; and provided that such structure meets the minimum floor area
per unit and minimum average floor area per unit requirements of the PS district.
(e) Supplemental Regulations As To Rehabilitation of Non-Conforming
Structures. Except as provided above, no building or other permit(s) shall be issued by the City for
repair or rehabilitation of an existing non-conforming structure for residential use (i) where the cost
of such repair or rehabilitation is less than fifty (5096) percent of the assessed valuation of the
structure or fifty (50%) percent of the replacement value as determined by the Dade County Tax
Appraisor, whichever is greater. After such repair or rehabilitation, the structure will then meet all
applicable standards of the Miami Beach Property Maintenance Standards and the South Florida
Building Code as determined by an on-site inspection and no other building or City permit for repair
or rehabilitation has been issued during the preceding calendar year; and (ii) where the cost of such
repair or rehabilitation is equal to or greater than fifty (50%) percent of the assessed valuation of
the structure or fifty (50%) percent of the replacement value as determined by the Dade County Tax
Appraisor, whichever is greater, after such repair or rehabilitation, the structure will then meet all
applicable standards of the Miami Beach Property Maintenance Standards and the South Florida
Building Code as determined by an on-site inspection; not less than eighty-five (85%) percent of all
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dwelling units in the structure(s) shall have a minimum gross floor area of not less than 750 square
feet; and not more than fifteen (15%) percent of the dwelling units in the structure(s) shall have a
minimum gross floor area of not less than 400 square feet, unless a variance is granted pursuant to
Section 13 of this Ordinance.
SECTION 22-6 Performance Standard Regulations
A. General Requirement. No building, structure or land shall be used or occupied
except in conformance with the performance standards applicable to the use and subdistrict as set
forth in the applicable Table of Performance Standards. The purpose of the performance standards
is: to provide detailed regulations by means of minimum criteria which must be met by all uses in
order to ensure development consistent with the goals and objectives of the Comprehensive Plan and
the Redevelopment Plan; to protect the integrity of the Comprehensive Plan and the Redevelopment
Plan and the relationships between uses and densities that are essential to the viability of the Plan
and the redevelopment of South Shore; and to promote and protect the public health, safety, and
general welfare by requiring all development to be consistent with the land use, circulation and
amenities components of the redevelopment element of the Comprehensive Plan and the capital
improvements program for the area.
All minimum performance standards applicable to a given use and subdistrict must
be met, unless a variance is granted pursuant to Section 13 of this Ordinance.
B. Table of Residential Performance Standards
TABLE OF RESIDENTIAL PERFORMANCE STANDARDS
Residential Subdistricts
Performance Standard R-PSI R-PS2 R-PS3 R-PS4
1. Minimum Lot Area 10,000 10,000 10,000 - 10,000
sq.ft. sq.ft. sq.ft. sq.ft.
2. Minimum Lot Width 100 ft. 100 ft. 100 ft. 100 ft.
3. Required Open Space .60 .65 .70 .70
Ratio
4. Maximum Building 30 40 60 None
Height (in feet)
(excluding enclosed
parking)* for parcels
less than 40,000 square
feet
5. Maximum Building 60 60 80 None
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Height (in feet)
(excluding enclosed
parking)* for parcels
of 40,000 square feet
or more
6. Maximum FAR .75 1.0 1.25 1.5
(without bonus)
7. Maximum FAR 1.5 1.75 2.00 2.25
(with bonus)
8. Minimum Floor 750 600 500 400
Area Per Dwelling
Unit (in square feet)
9. Minimum Average 1000 900 800 750
Floor Area Per
Dwelling Unit
(in square feet)
10. Minimum Floor N.A. N.A. 400 400
Area Per Sleeping
Unit (in square feet)
11. Minimum Yards Pursuant to Section 8 of Zoning Ordinance, except as modified
by § 22-6G herein.
12. Minimum Parking Pursuant to Section 9 of Zoning Ordinance and Section 22-6H
Requirement herein.
13. Minimum Off- Pursuant to Section 10 of Zoning Ordinance.
Street Loading
14. Signs Pursuant to Section 11 of Zoning Ordinance.
*enclosed parking shall meet the requirements set forth in Section 9-5 I of this Ordinance, shall be
covered by a roof and shall contain no residential use.
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C. Table of Commercial Performance Standards
TABLE OF COMMERCIAL PERFORMANCE STANDARDS
Commercial Subdistricts
Performance Standard C-PS 1 C-PS 2 C-PS 3
1. Minimum Lot Area 10,000 10,000 10,000
sq.ft. sq.ft. sq.ft.
2. Minimum Lot Width 100 ft. 100 ft. 100 ft.
3. Maximum Building 40 ft. None None
Height (in feet)
(excluding enclosed
parking)*
4. Maximum Floor Area 1.0 2.0 2.5
Ratio (without bonus)
5. Maximum Floor Area 2.0 2.5 3.5
Ratio (with bonus)
6. Residential Development Pursuant Pursuant Pursuant
to all to all to all
R-PS2 R-PS3 R-PS4
district district district
regula- regula- regula-
tions. tions. tions,
except
maximum
floor
area
ratio
shall be
3.5 and
open
space
ratio
shall be
.60
measured
at or above
grade.
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t
7. Minimum Floor Area 400 400 400
Per Sleeping Unit
(in square feet)
8. Minimum Yards Pursuant to Section 8 of Zoning Ordinance
except as modified by § 22-6G herein.
9. Minimum Parking Pursuant to Section 9 of Zoning Ordinance
Requirements except as modified by § 22-6I herein.
10. Minimum Off-Street Pursuant to Section 10 of Zoning Ordinance.
Loading
11. Signs Pursuant to Section 11 of Zoning Ordinance.
*enclosed parking shall meet the requirements set forth in Section 9-5 I of this Ordinance, shall be
covered by a roof and shall contain no residential use.
D. Performance Standard Bonuses. In order to encourage the aggregation of
parcels, an appropriate mix and scale of development, and architectural and site design compatible
with the standards and guidelines of the Comprehensive Plan and the Redevelopment Plan, floor
area ratios may be increased up to the maximums specified, in accordance with the applicable Table
of Performance Standard Bonuses and the criteria enumerated therein. Floor area ratio bonuses
may be accumulated by meeting one or more of the criteria as set forth in the applicable Table;
provided, however, that in no event shall any use be permitted an increase in floor area ratio greater
than the maximum specified in the applicable Table of Residential or Commercial Performance
Standards, except through the use of development rights transfers. Bonuses shall be determined, in
accordance with the applicable Table of Residential or Commercial Performance Standard Bonuses
and the urban design and development guidelines incorporated in the adopted Redevelopment Plan,
during the Design Review process pursuant to Section 23 of this Ordinance.
E. Table of Residential Performance Standard Bonuses
TABLE OF RESIDENTIAL PERFORMANCE STANDARD BONUSES
Residential Bonus Factors Maximum Bonus
1. Parcel Aggregation
a) for each 10,000 .15 increase in FAR
sq.ft. above
minimum lot area,
up to 40,000 sq. ft.
b) for each 20,000 .1 increase in FAR
sq. ft. above
40,000 sq.ft. up •
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to 80,000 sq. ft.
2. Dwelling Unit Size
a) for each 100 sq.ft .1 increase in FAR
increase in minimum
average Floor Area
Per Dwelling Unit up
to 200 sq. ft. increase
b) For each 100 sq. ft. .1 increase in FAR
increase in minimum
floor area per dwelling
unit for all units, up
to 200 sq. ft. increase
3. Design Features.
All site plans shall be .75 increase in FAR (but
consistent with Urban Design in no event, whether alone
guidelines for the redevelop- or in combination with other
ment area as set forth in the bonus factors as established
adopted Redevelopment Plan and herein, to cause the project
the adopted Private Sector to exceed the "maximum floor
Development Controls and area ratio with bonus" as
Guidelines (Ordinance No. set forth in Section 22-6B herein).
77-2099). The Design Review
Board may recommend that the
applicant receive a bonus,
within the ranges herein
specified, for exceptional
achievement in urban design
in any of the following
areas:
Maximum Permissible
Bonus Range
a) Planting and landscaping .05 - .15 —19
(considering type of plant
materials, lushness, shading
and cooling effect, screening,
wind control effect, buffering
effect, color, size and area of
planting, maturity at time of
initial planting, maintenance
provisions, irrigation and
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relationship to buildings and
street scape)
b) Paving .05 - .10
(considering surface material,
solar reflection and absorption,
texture and color, richness and
unity, transition with public
spaces, creation of arrival
plaza and internal paving)
c) grading .05 - :49
(considering slope, drainage,
use of ground cover, air movement,
use separation, public and private
circulation, form and scale, visual
interest, space creation, public-
private transitions and continuity,
and architectural integration)
d) water features .05 -.10
(considering movement, sound,
reflection, recreation, cooling
effect, architectural effect,
coordination with plaza or other
special place, public-private
transition, visual impact, and
relation to overall project design)
e) signs and graphics .05 - :49
(considering function and purpose
scale, orientation, size, style,
aesthetics, location, relationship
to architecture, visual impact,
consistency and uniformity, view
blockage, illumination, movement,
conflict and relationship to public
and private spaces)
f) street furniture .05 - :49
(considering pedestrian orientation,
function, seating capacity, visual
impact, integration with architectural
and other design elements, integration
with use of public spaces, and activity
areas, uniformity of style,
16
•
location and scale)
g) lighting .05 - :4Q
(considering function, circulation,
security, identification, aesthetics,
lighting of exterior spaces, lighting
of planting, lighting of architec-
tural and/or design features,
lighting of parking area, lighting
levels, impact beyond project,
uniformity and consistency with
architecture and other urban
design features, type of lighting,
and lighting fixtures)
h) arcades .05 - .10
(considering pedestrian access,
accommodation of activities, linkage
in circulation pattern, relationship
to architectural and urban design
features, shading and cooling effect,
protective effect, relationship to
public and private spaces, accessi-
bility and usability)
44 eReFgy eeRseFvatieR - :49
{€oRs deAAg eeR #gHcatieR;
eF+eRtat+eR; size and sea4e; des}gR;
eeRstPIet}eR detat r reehaRieaf
systems; ee4e and riate4ta-is:
i) site planning .05 - .15 :49
(considering vehicular and pedestrian
circulation and orientation, parking
location and access, quality and
amount of open space, building setbacks,
views and vistas, building orientation,
relation to adjacent buildings and
structures, relation to public and
private spaces)
j) building design .05 - .25 :4Q
(considering scale, height, mass,
facade, surface materials, rooftop,
aesthetics, integration with urban
design features, color, relation-
17
ship to adjacent buildings and
spaces and continuity with respect
to architectural design)
F. Table of Commercial Performance Standard Bonuses
TABLE OF COMMERCIAL PERFORMANCE STANDARD BONUSES
Commercial Bonus Factors Maximum Bonus
1. Parcel Aggregation
a) for each 10,000 sq. ft. .15 increase in FAR
above minimum lot area, up
to 40,000 sq. ft.
b) for each 20,000 sq. ft. .1 increase in FAR
above 40,000 sq. ft.,
up to 80,000 sq. ft.
2. Design Features
All site plans shall be consistent .5 increase in FAR (but in no
with Urban Design guidelines for the event, whether alone or in
redevelopment area as set forth in combination with other bonus
the adopted Redevelopment Plan and factors as established herein,
the adopted Private Sector Development to cause the project to exceed
Controls and Guidelines (Ordinance the "maximum floor area ratio
No. 77-2099). The Design Review with bonus" as set forth in
Board may recommend that the Section 22-6C herein, except
applicant receive a bonus, within through use of development
the ranges herein specified, for rights as provided in this
exceptional achievement in urban Ordinance.
design in any one or more of the
following areas:
Maximum Permissable
Bonus Range
a) planting and landscaping .05 - .15 —48
(considering type of plant
materials, lushness, shading
and cooling effect, screening,
wind control effect, buffering
effect, color, size and area of
planting, maturity at time of
initial planting, maintenance
18
provisions, irrigation and
relationship to buildings and
street scape)
b) paving .05 - .10
(considering surface material,
solar reflection and absorption,
texture and color, richness and
unity, transition with public
spaces, creation of arrival plaza
and internal paving)
c) grading .05 - 48
(considering slope, drainage,
use of ground cover, air movement,
use separation, public and private
circulation, form and scale, visual
interest, space creation, public-
private transitions and continuity,
and architectural integration)
d) water features .05 - .10
(considering movement, sound,
reflection, recreation, cooling
effect, architectural effect,
coordination with plaza or other
special place, public-private
transition, visual impact, and
relation to overall project design)
e) signs and graphics .05 - .10 -
(considering function and purpose,
scale, orientation, size, style,
aesthetics, location, relationship
to architecture, visual impact,
consistency and uniformity, view
blockage, illumination, movement,
conflict and relationship to public
and private spaces)
f) street furniture .05 - .10
(considering pedestrian orientation,
function, seating capacity, visual impact,
integration with architectural and other
design elements, integration with use
of public spaces and activity
19
areas, uniformity of style, location
and scale)
(g) lighting
(considering function, circulation, .05 - .10
security, identification, aesthetics,
lighting of exterior spaces, lighting
of planting, lighting of architectural
and/or design features, lighting of
parking areas, lighting levels,
impact beyond project, uniformity
and consistency with architecture
and other urban design features, type
of lighting, and lighting fixtures)
h) arcades .05 - .15 -:4A
(considering pedestrian access,
accommodation of activities, linkage
in circulation pattern, relationship
to architectural and urban design
features, shading and cooling effect,
protective effect, relationship to
public and private spaces, accessibility
and usability)
44 eReFgy eeaseFvatie :95 - 40
{eeRsideFiRg eeRfigeFatieR; eFieRtatieR;
s+ze and sea4e; destgR; eeRstFeeti9RT
detai4s;meelaaRieaf systeri s; eeMeF; and
rR ateFta4s))
i) site planning .05 - .15 :4A
(considering vehicular and pedestrian
circulation and orientation, parking
location and access, quality and amount
of open space, building setbacks, views
and vistas, building orientation, relation
to adjacent buildings and structures,
relation to public and private spaces)
j) building design .05 - .25 :49
(considering scale, height, mass, facade,
surface materials, rooftop, aesthetics,
integration with urban design features,
color, relationship to adjacent buildings
and spaces and continuity with respect to
20
IP
architectural design)
3. C-PS 2 Only
a) Outdoor cafe (with minimum of 500 square .05 - .15 :4 increase in FAR
feet)
b) First Floor Commercial Use (with minimum .05 - .15 :4 increase in FAR
of 1,000 square feet)
c) Development Rights Transfer - for each 1,000 gross square foot
development right increase in maximum permis-
sible floor area
C. Supplementary Yard Regulations
1. Applicability. The yard regulations set forth in this section (a)
supplement the regulations set forth in Sections 8-1, 8-2, 8-6, 8-7 and 8-8 of this Ordinance, which
remain applicable to all development in the PS district; and (b) substitute for the yard regulations
set forth in Sections 8-3, 8-4 and 8-5 of this Ordinance, which shall not be applicable in the PS
district.
2. Minimum Required Yards for R-PS 1-4 Districts. The following
minmum yards are required for development in the R-PS 1-4 districts at and above grade level:
Front and Rear Side
20' + 1' for each 10' the sum of the side yard widths shall he at
in height above 60 feet least 25% of lot width, but no interior side
measured from grade up to yard shall be less than 10% of the lot width
a maximum front and rear or 10' whichever is greater; and no side yard
setback of 40' each, adjacent to a street shall be less than 15 feet
or 10% of the lot width, whichever is greater.
The first 10' of such side yard adjacent to a
street shall be developed and maintained as a
landscaped area.
Provided, however, that townhouse residential development as defined by and pursuant to the
regulations established in Section 25 of this Ordinance on parcels not less than 21,000 square feet
and at a height not greater than 30 feet above grade including enclosed parking shall be exempt
from the side yard setback specified above and shall be subject in-lieu thereof to a minimum side
yard setback of 10 feet; and shall be exempt from the minimum open space ratio otherwise required
pursuant to Section 22-68 herein and shall be subject in-lieu thereof to a minimum open space ratio
of .40.
21
3. Minimum Required Yards in Relation to Minimum Open Space
Ratio. In all cases, except as otherwise provided herein, an applicant must comply with both
minimum required yard and minimum open space requirements. Where the minimum open space
ratio results in greater required open space at grade than that resulting from the minimum yards
requirements alone, the applicant must provide not less than 50% of the difference in the form of
open space at grade and the remainder either at or above grade. Open space above grade may be in
the form of recreational facilities above the pedestal portion of the building. Required yards and
open space, whether at or above grade, may not be utilized for parking or accessory structures
except as set forth above; however, at-grade drives in the C-PS 3 District shall be permitted when
said drive is not less than 71/2 feet from the property line.
4. Minimum Required Yards for C-PS 1-3 Districts.
(a) The following minimum yards are required for non-residential
development in the C-PS 1-3 districts and residential development in the C-PS 3 District at and
above grade levels:
Front Rear Side (total)
10 feet, but no point 10 feet or 10% of 10% of the width of the lot
on a building shall be the building height, or 10% of the height of the
closer to the front lot whichever is greater. building, whichever is
line than one-half the greater; provided, however,
height of the point that no side yard adjacent
above grade; not with- to a street shall be less
standing the above no front than 10 feet and no point on
setback shall be required the building shall be
for buildings in the C-PS 2 closer to the centerline
district whose front lot of a side street than one-
line is on Fifth Street half the height of the point
(Miami Beach Boulevard) above grade. Not withstanding
and the minimum required the above, the minimum required
setback in the C-PS 3 side yard setback in the C-PS 3
District for buildings District along Biscayne Street
fronting on the east side east of Washington Avenue shall
of Washington Avenue shall be 15 ft. provided however all
be a constant twelve (12) other side yard setback require-
feet. ments shall remain applicable.
(b) Residential development in the C-PS 1-3 districts shall be
subject to the yard and other regulations applicable to the appropriate R-PS district as shown in
Section 22-6C and Section 22-6G (1) - (3) of this Ordinance.
(c) Mixed use development in the C-PS 1-3 districts shall be
subject to the minimum required yards for non-residential development pursuant to Section 22-
6G4(a) if 25% or less of the total area of such building is used for dwelling purposes. If 25% or more
of the total area of such building is used for dwelling purposes, the building shall be subject to the
22
minimum required yards for residential development pursuant to Section 22-6G4(b) as modified by
the following: (1) where such use abuts a public off-street parking area, the residential rear yard
requirement may be reduced by one-half, but shall, in no event, he less than 10 feet; (2) minimum
required yards for residential development shall be applied only to the lowest floor (and all floors
above it) which contain one or more dwelling units; otherwise, applicable non-residential yard
requirements shall apply; and (3) where the applicant incorporates an atrium or other interior space
at the ground level and extending to the top floor of the structure, an "interior setback" credit shall
be applied for such square footage at ground level against the otherwise required exterior setbacks,
but, in no event shall any exterior setbacks be less than that required for non-residential
development in the C-PS 1-3 districts. For purposes of this subsection only, hotels and motels shall
be considered as non-residential uses.
I-I. Alternative Parking Requirement for Multi-Family Residential
Development in R-PS Districts.
In lieu of meeting the multi-family residential parking
requirement as set forth in Section 9-2A(4) of this Ordinance, the applicant may provide one (1)
parking space per dwelling unit, regardless of size of unit or number of bedrooms, on site, and pay a
fee in the amount of Five Thousand Dollars ($5,000.00) per space in lieu of providing the otherwise
required parking pursuant to Section 9-2A(4), representing the difference between one (1) parking
space per unit and the requirements of Section 9-2A(4). The fee shall be paid prior to issuance of a
building permit for such development and all fees collected shall be placed in a special interest-
bearing South Pointe Development Area Off-Street Parking Fund, and such fees and interest thereon
shall be dedicated toward and used solely and exclusively for the development of off-street parking
in the South Pointe Redeveloment area pursuant to the adopted Redevelopment Plan and any
amendments thereto.
I. Supplemental Parking Regulations: C-PS3 District
1.25 parking spaces per dwelling unit, 1 parking space per sleeping
unit, and 2.5 parking spaces per 1,000 square feet of commercial space. Up to forty percent (40%)
of the total parking spaces created on the parcel may be for compact cars. Required parking for
hotel, hotel accessory uses and club uses may be satisfied through the provision of valet parking
spaces. Twenty percent (20%) of dwelling unit parking spaces may be satisfied through the provision
of valet parking spaces.
Parking spaces shall be sized in accordance with the following
chart:
Parking Angle Standard Spaces Compact Spaces
90° 9'0" Wide 7'8" Wide
18'0" Long 15'0" Long
60° 8'6" Wide 7'6" Wide
18'0" Long 15'0" Long
45° 8'6" Wide 7'6" Wide
23
18'0" Long 15'0" Long
Parallel 9'0" Wide 7'8" Wide
23'0" Long 20'0" Long
Handicapped 12'0" Wide --
18'0" Long
Access aisles shall be provided in accordance with the following
chart:
Width of Aisle: Width of Aisle: Width of Aisle
Angle of One-Way Traffic Two-Way Traffic One-Way Traffic
Size/Car Parking Double Loaded Double Loaded Single Loaded
Standard 90° 23.0 feet 23.0 feet 23.0 feet
Standard 60° 11.8 feet 19.3 feet 12.7 feet
Standard 45° 9.5 feet 18.5 feet 10.8 feet
Compact 90° 20.0 feet 21.0 feet 20.0 feet
Compact 60° 9.5 feet 19.0 feet 10.3 feet
Compact 450 9.2 feet 18.7 feet 10.6 feet
Standard Parallel 10.0 feet 20.0 feet 10.0 feet
& Compact Parking
Section 22-7. Development Rights Transfer
A. Transfer Areas
The R-PS 1 and 2 subdistricts are designated, for purposes of this section, as the
transferor area and the C-PS 2 subdistrict is designated, for purposes of this section, as the
receiving area.
B. Attachment of Development Rights
Any owner of property in the transferor area may, upon construction of a new
development or substantial rehabilitation of an existing development with a density less than 60
units per acre, acquire and transfer development rights to properties in the receiving area.
C. Calculation of Development Rights Equivalencies
Each development right shall be equivalent, upon transfer, to a 1,000 gross square
foot increase in the maximum permissible floor area otherwise permitted on the receiving area site
in the first three (3) years following the effective date of this subsection as provided in E, below.
Thereafter, each development right shall have the following equivalent values:
24
Year Gross Square Foot Increase in Floor Area in Receiving Area
Year 4 900
Year 5 800
Year 6 700
Year 7 600
Year 8 500
Year 9 400
Year 10 300
Year 11 200
Year 12 100
Year 13 and after 0
Development rights shall accrue at the following rate: 1 per dwelling unit if resulting from
substantial rehabilitation on the transferor area site; 1.5 per dwelling unit if resulting from new
construction on the transferor area site, if such site is less than 40,000 square feet; and 2 per
dwelling unit if resulting from new construction on the transferor area site, if such site is 40,000
square feet or greater.
D. Limitations on Development Rights Transfers
in C-PS 2 Subdistrict
Development rights may be transferred to properties in the receiving area only.
The maximum increase in permissible square footage of development on a site in the receiving area
on which development rights are being used may not exceed 50% of the total square footage
otherwise permissible pursuant to this Ordinance without use of development rights.
E. Development Right Administration
The City Commission shall formulate and adopt appropriate rules and regulations
to guide the implementation of this provision consistent with the language herein and the intent of
this section. This subsection will become effective when such rules and regulations have been
adopted by the City Commission.
Section 22-8 Procedure for Review and Approval of Uses in
the Performance Standards District
A. Permitted Uses: Applicants for a building permit for the construction, or for the
repair or rehabilitation of a permitted use in the Performance Standards District shall be subject to
the requirements of Section 14 and Section 23 as to required site plan review and design review.
B. Conditional Uses: Applicants for a conditional use in the Performance Standard
District shall be required to obtain such aproval in accordance with the procedures and subject to
the requirements of Section 7 of the Zoning Ordinance, and shall additionally be subject to the
requirements of Section 14 and Section 23 of the Zoning Ordinance as to required site plan review
and design review. To the maximum extent possible, these processes and the requirements therefor
shall be coordinated so as to avoid unnecessary duplication and expense.
25
C. Variances: Applications for variances may be made by the applicant pursuant to
the procedure and subject to all requirements as set forth in Section 13 of the Zoning Ordinance.
D. Development Agreements: As a condition of site plan and/or design review, the
City and the applicant may enter into a Development Agreement by which the applicant may be
assured that upon approval, the project will be permitted to proceed in in accordance with existing
ordinances and regulations, and by which the applicant and the City may agree to certain terms and
conditions relating to the timing of development, provision of public facilities, vacation, dedication
and such other matters as may reasonably relate to the project.
Section 22-9 Administration
A. Enforcement
Enforcement of this Ordinance shall be pursuant to the provisions of Section 14-1
of the Zoning Ordinance.
B. Interpretation
Interpretation of this Ordinance shall be pursuant to the provisions of Section 15 of
the Zoning Ordinance.
C. Violations and Penalties
Violations of this Ordinance and penalties therefore shall be pursuant to the
provisions of Section 17 of the Zoning Ordinance.
SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 1891
It is the intention of the City Commission and it is hereby ordained that the provisions of
this Ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No.
1891 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. REPEALER
All ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for
any reason, held invalid or unconstitutional by any court of any competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provisions and such holding shall not affect the
validity of the remaining portions of this Ordinance.
26
1'
SECTION 7. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after adoption, on
October 19 ,1984.
PASSED AND ADOPTED this 19th day of September ,1984.
—1/41°. 4/4/
MAYOR
ATTEST:
CITY CLERK
First Reading - 9/5/84 (As amended)
Second and Final Reading - 9/19/84 (As amended)
R W P/JK/nkm
FORM APPROVED
.LEGAL DEPT.
By : 6a/14-64'
Date 10 — 2 -
27
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