Ordinance 84-2452 ORDINANCE NO: 84-2452
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING -
ORDINANCE NO. 1891, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE PROVIDING FOR THE CREATION OF A NEW SECTION
' ENTITLED "HOTEL OVERLAY REGULATIONS"; PROVIDING FOR
DESIGNATION OF HOTEL OVERLAY DISTRICT AND HOTEL OVERLAY ZONES
ON THE CITY'S OFFICIAL ZONING MAP FOR PROPERTY EAST OF COLLINS
AVENUE BETWEEN 15TH STREET AND 87TH TERRACE 75TH STREET;
PROVIDING FOR APPLICABILITY, FILING REQUIREMENTS AND
DEVELOPMENT REGULATIONS; PROVIDING FOR INCLUSION INTO
ORDINANCE NO. 1891; REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: That Section 32 of Ordinance No. 1891 of the City of Miami Beach is
hereby created to read as follows:
SECTION 32
HOTEL OVERLAY REGULATIONS
32-1 PURPOSE.
These regulations are designated to encourage the construction of new hotels and
renovation of existing facilities.
32-2 APPLICABILITY
A. These regulations constitute overlay zoning which is superimposed upon and
supplements the underlying zoning district. When not specifically addressed in
this Section, all other regulations contained within this Ordinance shall apply.
B. These regulations shall only be applicable to sites east of Collins Avenue
between 15th Street and 87th TeFFa€e 75th Street and where the underlying
zoning district permits hotels. This area is designated as a Hotel Overlay
District.
C. These regulations are only applicable when a developer requests a site be
designated as a Hotel Overlay Zone. Petitioners for a Hotel Overlay Zone shall
file an application with the Planning Department. All plans submitted in support
of the application shall be approved by the Design Review Board pursuant to
Section 23. No building permit shall be issued unless the Board has approved the
Development.
D. Upon the Design Board's approval, the site shall be listed below as a hotel
overlay zone:
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32-3 DEVELOPMENT REGULATIONS
A. USES PERMITTED. No land, water or structure may be used, in whole or in part,
except for one or more of the following permitted uses. Permitted uses that
sell, serve or otherwise distribute alcoholic beverages in this district shall
comply with the standards and regulations found in Section 28.
1. Hotel
2. Apartment/Hotel
3. Accessory Uses - a) Entrances and exists for accessory uses in residential
districts shall be controlled by Section 7-2. The accessory use restrictions
in Section 7-3, B shall not apply; and, b) accessory use shall be limited to
those that are customarily associated with the operation of a permitted
use; however, accessory uses located between the established Bulkhead
Line and the Erosion Control Line shall be in accordance with Section 29
Dune Overlay Regulations.
B. DWELLING UNIT AND SLEEPING UNIT RATIO. The number of dwelling units
shall not exceed 25% of the total number of sleeping units provided on the site.
C. DENSITY AND LOT COVERAGE. None.
D. MINIMUM FLOOR AREA PER UNIT
1. Sleeping Unit
a. 85% of the total number of sleeping units shall have a minimum gross
floor area of at least 335 sq. ft.
b. 15% of the total number of sleeping units shall have a minimum gross
floor area between 300 and 335 square feet.
c. In no instance shall any sleeping unit have a minimum floor area less
than 300 square feet.
2. Dwelling Unit
a. The minimum gross floor area of any dwelling unit shall not be less
than 750 square feet.
E. REQUIRED PARKING
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1. Sleeping Unit - 1 space per two units. For purposes of this section, any
room having bathroom facilities and one or more doors to a corridor shall
constitute a sleeping unit. The term bathroom facilities shall mean a
commode, lavatory, and bath, with or without a shower.
2. Dwelling Unit - 1Y2 spaces per one unit.
3. Accessory Uses - Except for meeting rooms, conference rooms, ballrooms,
banquet rooms, nite clubs or similar uses, the parking requirement shall be
one half (Y2) of the requirement as listed in Section 9 of this Ordinance.
The requirement for meeting rooms, banquet rooms, conference rooms,
night clubs or similar uses shall be determined by the maximum occupancy
based on a standard of one person per 15 square feet of available floor area
for seating. The parking requirement shall then be calculated as listed in
Section 9-2, A-17.
F. MAXIMUM BUILDING HEIGHT - None.
G. MAXIMUM FLOOR AREA RATIO
1. Residential Sites
4.0 for sites having less than 350 linear ft. of street frontage or one acre.
For each additional 100 ft. of frontage in excess of 350 linear feet or
fraction thereof, the maximum permitted FAR may be increased by 0.75
based upon the FAR performance standard bonuses as listed in Section 31-6
A and B; however, in no instance shall the maximum permitted FAR exceed
6.0. For purposes of this section, only one side of a corner lot shall be
counted in determining the maximum permitted FAR.
2. Commercial Sites
6.0 for sites having less than 350 linear ft. of street frontage or one acre.
For each additional 100 ft. of frontage in excess of 350 linear feet or
fraction thereof, the maximum permitted FAR may be increased by 0.75
based upon the FAR performance standard bonuses as listed in Section 22-6
A and B; however, in no instance shall the maximum permitted FAR exceed
8.0 for purposes of this section, only one side of a corner lot shall be
counted in determining the maximum permitted FAR.
H. MINIMUM REQUIRED YARDS
1. When a development is located in a residential district, the following
required yards shall apply:
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Front and Rear Side
As required by the As required by Section 8.
designated MF District
pursuant to Section 8-3B.
2. When a development is located in a commercial district, the following
required yards shall apply:
FRONT REAR
Subterranean 0 ft. 50 ft. except as listed in Section 8-6.
Ground 0 ft. 50 ft. except as listed in Section 8-6.
Pedestal For that portion of the pedestal 50 ft.
above ground level, 2.5 ft.
setback per floor
Tower 15 ft. 75 ft.
INTERIOR SIDE SIDE ADJACENT TO STREET
Subterranean 0 ft. 0 ft.
Ground 10 ft. 10 ft.
Pedestal For that portion of the pedestal For that portion of the pedestal
above ground level, 2.5 ft. above ground level, 2.5 ft.
setback per floor setback per floor
Tower Each interior side yard shall 15 ft. setback
provide a side yard equal to
50% of the width of the lot,
however, the maximum side yard
setback shall not exceed 75 ft.
3. Supplemental yard regulations are applicable for any development
constructed pursuant to Section 31.
a. For developments which utilize the FAR bonus provision listed in
Section 31-3,G, each required side yard shall be increased by 40% for
each 1.0 increase or fraction thereof in the floor area ratio.
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b. Accessory structures located in the required 50 foot rear yard
setback shall be pursuant to Section 8-6A.
c. Any building constructed under this section shall have a zero (0)
subterranean side setback for that portion of the building located
below grade. Any part of the building located at or above grade shall
meet the required setback as listed above.
d. Balconies shall not be permitted to extend into the Required Yard
except when at least 50% of the balcony railing or wall is constructed
in an open and unenclosed manner.
e. Sites having a lot width of 125 ft. or less shall be permitted to have
unenclosed garage ramps extend into the pedestal portion of the
interior side yard setback to a point equal to the interior sideyard
setback at ground level. However, in no instance shall any portion of
the ramp be located within 100 ft. of the front property line. In no
instances shall ramps be permitted in the ground portion of the
pedestal or in the tower interior side yard setback.
COMPLIANCE WITH THE BEACHFRONT PARK AND PROMENADE
PROGRAM - The developer shall construct the Beachfront Park and Promenade
Program on property adjacent to the site, including improvements and
landscaping in the area between the established bulkhead line and the erosion
control line, and to the street-ends pursuant to the City's specifications. Such
improvements shall be included in the building permit plans and constructed, 1)
prior to any use approval, temporary or otherwise including the issuance of a
Certificate of occupancy and/or Completion; or 2) at a subsequent request by the
Planning Department. As determined by the Planning Department, the latter
procedure shall only be applicable if the expansion of the existing promenade is
not anticipated during the course of construction of the development and upon
the posting of a Performance Bond, letter of credit or similar instrument which
insures the construction of Promenade Program. The Performance Bond, letter
of credit, or the similiar instrument shall be recorded in the Circuit Court prior
to the issuance of a Building Permit.
SECTION 2: That Section 21, subsection 21-1, Zoning Ordinance No. 1891 is hereby
amended to read as follows:
SECTION 21
MAPS
21-1 Designation of Zoning Districts, MF Districts, Overlay zones and Districts and Zones
on the Official Zoning Map. The Official Zoning Map shall indicate the location of
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Zoning Districts, MF Districts, and Overlay Zones and Districts. The below table
explains the symbols used for each designation:
C. EXPLANATION OF OVERLAY ZONES AND DISTRICTS.
Symbol Explanation
HPD Historic Preservation District
DOD Dune Overlay District
DOZ Dune Overlay Zone
POD Parking Overlay District
POZ Parking Overlay Zone
HOD Hotel Overlay District
HOZ Hotel Overlay Zone
SECTION 3: INCLUSION IN ZONING ORDINANCE NO. 1891.
It is the intention of the City Commission, and it is hereby ordained that the provision 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 another appropriate word.
SECTION 4: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 5: SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such hold shall not affect the validity of the remaining portions of this
Ordinance.
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SECTION 6: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on
December 29 , 1984.
PASSED AND ADOPTED this 19 day of December , 1984.
MAYOR
ATTEST:
CITY CLERK
1st Reading - December 5, 1984
2nd Reading - December 19, 1984(as amended)
RWP/JK/rg
4/26/84
7/24/84
9/25/84
12/10/84
FORM APPROVED
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