Ordinance 85-2490 ORDINANCE NO: 85-2490
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891;
PROVIDING FOR AN AMENDMENT TO SECTION 3 AMENDING THE
TERM "FILLING STATION"; PROVIDING FOR AN AMENDMENT TO
SECTION 6-8, NEIGHBORHOOD BUSINESS DISTRICT, SECTION 6-11,
BUSINESS DISTRICT, SECTION 6-12, GENERAL BUSINESS DISTRICT,
AND SECTION 6-13, INTENSIVE COMMERCIAL DISTRICT, BY
INCLUDING ANY RETAIL SALE OF GASOLINE AS A CONDITIONAL USE
PURSUANT TO SECTION 7; PROVIDING FOR INCLUSION WITHIN THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA;
Dashed WeFds = Deleted Language
Underline Words = New Language
SECTION 1: That Section 3, Sub-section 3-2 of Ordinance No. 1891 is hereby amended
to read as follows:
3-2 46. FILLING STATION: Any building, structure, or land primarily used for the
retail sale of motor vehicle fuels, oils, and related accessories, and which
may have accessory uses including grocery commodities that are
customarily associated therewith, and/or the servicing or repairing of
minor parts and accessories, but not including major repair work, such as
motor replacement, body and fender repair or spray painting, and excluding
public garages. (Note: The sale of alcoholic beverages in uses which
include the retail sale of gasoline is controlled by Section 29-1(D) of these
regulations.)
SECTION 2: That Section 6, Sub-section 6-8(B) is hereby amended to read as follows:
6-8(B) 20. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Churches, synagogues and temples.
d. Day nursery.
e. Filling station, but with no lighting fixture or illuminated sign
extending to a height greater than 15 feet, or any other use which
includes the retail sale of gasoline.
f. Municipal buildings and uses.
g. Undertaking establishment or funeral home.
h. Temporary use for a period not to exceed 15 days.
SECTION 3: That Section 6, Sub-section 6-11(B) is hereby amended to read as follows:
6-11(B) 20. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminals.
d. Churches, synagogues and temples.
e. Colleges, junior colleges, or institutions of higher learning.
f. Filling station or any use which includes the retail sale of gasoline.
g. Institution, educational or philanthropic, including museum and art
gallery.
h. Marina.
i. Municipal buildings and uses.
j. Private club.
-2-
k. Storage parking lots.
1. Uses not listed above which are similar in character to one or more
permitted uses, and which would not be inappropriate in this District.
m. Temporary use for a period not to exceed 15 days.
SECTION 4: That Section 6, Sub-section 6-12(B) is hereby amended to read as follows:
6-12(B) 23. The following uses may be permitted as a conditional use:
a. Adult congregate living facilities subject to the mandatory
requirements and review criteria set forth in Section 28, Adult
Congregate Living Facilities.
b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminals
d. Churches, synagogues and temples.
e. Colleges, junior colleges, or institutions of higher learning.
f. Filling station or any use which includes the retail sale of gasoline.
g. Institution, educational or philanthropic, including museum and art
gallery.
h. Municipal buildings and uses.
i. Private club.
j. Storage parking lots.
k. Undertaking establishment or funeral home.
1. Temporary use for a period not to exceed 15 days.
SECTION 5: That Section 6, Sub-section 6-13(B) is hereby amended to read as follows:
6-13(B) 23. The following uses may be permitted as a conditional use:
-3-
a. Aquarium, commercial.
b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
c. Bus terminals.
d. Filling station or any use which includes the retail sale of gasoline.
e. Institution, educational or philanthropic, including museum and art
gallery.
f. Municipal buildings and uses.
g. Private club.
h. Storage parking lots.
i. Uses not listed above, whichimil re
a similar in character to one or
permitted use, and which would not be inappropriate in the district.
j. Temporary use for a period not to exceed 15 days.
SECTION 6. 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 7. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 8. 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.
-4-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 9: EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after adoption, on
September 28 , 1985.
PASSED AND ADOPTED THIS l 8 th day of S ep t emb erg 1985
MAYOR
ATTEST:
CITY CLERK
1st Reading - June 26, 1985 F
2nd Reading - September 18, 1985 (As amended) rCC utin AP r wvc.
JK:DS:bss
LEGAL DEPT.
By Mt,lttue-ti ISuilAat
Date
-5-
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
U
G • a)
• o O +-1 o +-1 0 o
'd 4-1 .0 U) •r-1 •r-1 •H
41-1 {J •H 1-1 4-1
0 4-1 0.0 4.1 'd U CI (01 0 U
0 0 0 N p m a)
00 a) H a) co Cl) al H cro Co
• E H E m cti C7
0 •rl t7 H 'd a) • •H 0
61 0 0 •-4 0 (..' +-I 1.J U 4-1 4-1
.1 O 0) f.-1 (1) H U U }4 0
N N �." s E Co •r-,` •r-I a1 dJ
cd ell 0
ir1 N E ,n 4-1 +1 E H ctj
1-4 00 0 cn o CU 0
Z • •ri al Co � ai
O Q Q U `/] N.
H1-1
a0) 0 a) o Zo Co cn P H a
H C 4a .W 14 H Co Co H Rt
O c 0 ,.W •H •H N 0. d
Z o 'd •r1 'd •rl
H U •rl 'd H a) W Pal H 0 0
a O U O 4-1 d O
0 ,.0 Cl) bD•rl
1J a4 cu a.c H 1-4 0 +-4
I I a) I H
00 c
4,-.o .o 0 .O
O H - (1)
•rl rn 1-, 0 0 0 c7 0 H 0
'd-u CO 0 0 0 0 O D U
0 r-I •r1 H •1-1 •r-1 "4r1 0
ID +-1 4-1 4-1 4-1 N 4-1 •rl Cd
• U CCI U U U
O (1) +-1 N a) I a) cA
v Z CO CO CO Co .0 C/) p Rf