Ordinance 87-2590 ORDINANCE NO. 87-2590
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA
AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891;
PROVIDING FOR AN AMENDMENT TO SECTION 3-2 CREATING A
NEW DEFINITION ENTITLED "TEMPORARY PARKING LOT",
PROVIDING FOR AN AMENDMENT TO SECTION 9 CREATING A
NEW SUBSECTION 9-3,C PERTAINING TO OFF-STREET
TEMPORARY PARKING LOTS; PROVIDING FOR AN AMENDMENT
TO SECTION 9 CREATING A NEW SUBSECTION 9-5,3 ENTITLED
"TEMPORARY PARKING LOT STANDARDS"; PROVIDING FOR AN
AMENDMENT TO SECTION 9 CREATING A NEW SUBSECTION 9-
6,D PERTAINING TO LOCATION OF TEMPORARY PARKING LOTS
IN THE FRONT YARDS; PROVIDING FOR AN AMENDMENT TO
SECTION 10 CREATING A NEW SUBSECTION 10-6,I ENTITLED
"TEMPORARY PARKING STANDARDS"; PROVIDING FOR AN
AMENDMENT TO SECTION 12-5,G-3 PERTAINING TO MINIMUM
REQUIRED YARDS FOR TEMPORARY PARKING LOTS;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE,
PROVIDING FOR REPEALER; 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 3, Subsection 3-2,A-125 is created and reads as follows:
3-2,A-125 PARKING LOT, TEMPORARY: Any area, surfaced or unsurfaced, which
permits parking facilities that are constructed for a temporary period of
time pursuant to the Temporary Parking Lot Standards as set forth in
Section 9-5,J of this Ordinance.
SECTION 2: That Section 9, Subsection 9-3C is hereby created and reads as follows:
9-3 OFF-SITE FACILITIES.
A. All parking spaces required herein shall be located on the same lot
with the building or use served, or within a distance not to exceed
400 feet from such lot.
B. Where the required parking spaces are not located on the same lot
with the building or use served and used as allowed in paragraph 9-2A
preceding, a written agreement thereby assuring their retention for
such purposes shall be properly drawn and executed by the parties
concerned, approved as to form by the City Attorney and shall be
filed with the application for a building permit.
C. Temporary parking lot facilities shall be pursuant to Section 9-5,J of
this Ordinance.
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SECTION 3: That Section 9, Subsection 9-5,J of Ordinance No. 1891 is hereby created to
read as follows:
9-5,J TEMPORARY PARKING LOT STANDARDS
When permitted, the following standards are established for temporary parking lots:
1. Temporary commercial or non-commercial parking lots may be operated in the
MR Marine Residential District, MU Municipal Use District, MXE or C-PS 1-4.
These lots may be operated independent of a primary use. Temporary, non-
commercial lots may be located in the R-PS 1-4 and the residential districts
within the Architectural District as defined in Section 3-2,A of this ordinance.
One sign per street frontage is permitted. The maximum size of each sign shall
be five square feet per 50 feet of street frontage.
2. Parking lots shall be brought to grade with at least one inch of asphalt over a
four-inch lirnerock base; however, the Public Services Director may require a
six-inch limerock base or thicker'asphalt based upon conditions at the site and if
the use of the lot is of such an intensity or if trucks are intended to be parked on
the site that would require the additional base support. For those lots in the
Redevelopment Area which are north of, and which do not have a property line
on Biscayne Street, the surface may be crushed, compact rock or shell or other
hard surface that is acceptable to the Public Services Director. For lots south
of, and which have a property line on Biscayne Street, the surface may be
unimproved land. For lots not located in the Redevelopment Area, a hard, all-
weather surface area is required. With the exception of unimproved land, all
surfaces shall be sealed.
3. Use of temporary parking lots shall not be for parking which is required by the
Zoning Ordinance for work that is associated with new construction or the minor
or substantial rehabilitation of existing buildings;
4. All lots shall be maintained in a neat and orderly appearance. All surface water
runoff shall be retained on the property.
5. Lots permitted under this section are not required to be approved under the
Conditional Use requirements unless the Planning and Zoning Director and the
Chairman of the Planning Board determine that the lot will have a negative
impact on the surrounding property.
STANDARDS 6-14 ARE NOT APPLICABLE FOR LOTS ADJACENT TO OR
SOUTH OF BISCAYNE STREET.
6. Prior to the issuance of an Occupational License, a covenant running with the
land which lists the applicable requirements of this Section shall be recorded in
the appropriate court of jurisdiction.
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7. Temporary parking lots shall not be permitted to exist for a period of time
greater than three years (date of Building Permit) regardless of ownership. At
the end of this period, a permanent lot shall be constructed in conformance with
the Zoning Ordinance; however, the applicant may request an extension of time
for a period not exceeding two years from the Planning Board pursuant to the
Conditional Use procedures; and
8. If the lot is not operated on a valet basis, then all parking spaces shall be marked
with lines between spaces except in the Redevelopment Area where pavement is
not required. Vehicles shall not back out onto any street. The size of the
parking spaces, back-out areas and exit/interior drives shall not have dimensions
less than that which is required in Section 9 of the Zoning Ordinance;
9. When parking spaces are within five feet of a building or a lot line, raised
concrete or wood wheel stops anchored three feet from the end of each parking
space shall be provided. Otherwise, the concrete wheel stops are not required;
10. There shall be a 2/2-foot wide, landscaped area bordering the surfaced area along
a property line, street alley or sidewalk. The front and rear shall be landscaped
with canopy trees (minimum of two trees per fifty feet of street and alley
frontage). The canopy trees along the street may be eliminated if the swale area
has trees. All landscaped areas shall utilize St. Augustine Grass or planted
material acceptable to the Planning and Zoning Department. A 2Y2-foot high
hedge shall be placed along the side and rear property lines.
11. No interior landscaping is required; however, all landscaping that is placed on the
lot shall be maintained in good condition so as to present a healthy, neat and
orderly appearance;
12. Water for irrigation shall be available within 50 feet of all landscaped areas. A
hose bib or an in-ground system is acceptable;
13. Prior to the issuance of a building permit, the Planning and Zoning Department
shall approve the site plan and landscaping. Prior to the issuance of an
Occupational License, the Department shall approve the placement of
landscaping;
14. Surface storm water shall not drain to adjacent property or a public right-of-
way. For every 1,000 square feet of surface parking area, there shall be two
twenty-four inch diameter round auger holes drilled to a depth of two feet below
ground water and filled with rough, washing, ballast rock, brought to within six
inches of an auger hole inlet casting;
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SECTION 4: That Section 9, Subsection 9-6,D is hereby created and reads as follows:
9-6 PARKING IN FRONT YARDS
D. Temporary Parking Lots:
1. These facilities shall be permitted on the front yard and in districts
as set forth in Section 9-5,J of this Ordinance.
SECTION 5: That Section 10, Subsection 10-6,I is hereby created and reads as follows:
10-6 MINIMUM LANDSCAPE STANDARDS
Temporary Parking Lot Standards
Landscape standards and setback requirements are pursuant to Section 9-
5,3 of this Ordinance.
SECTION 6: That Section 12, Subsection 12-5,G-3 is hereby amended to read as follows:
12-5,G-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 yard requirements alone,
the applicant shall provide not less than 50% of the difference in the form
of open space at grade. For projects in the C-PS4 District, the open space
ratio may include open space on roof top decks which are less than fifty
(50) feet above grade; except that in the C-PS4 District the applicant shall
provide not less than 25% of the difference in the form of open space at
grade. At least 25% of the roof top deck shall actually constitute living
landscape material. 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 acessory structures except as set forth above and in Section 9-
5,3 for Temporary Parking Lots; however, at-grade drives in the C-PS3
District shall be permitted when said drive is not less than 7Y2 feet from
the property line. Required yards and open space, whether at or above
grade in the C-PS4 District may be utilized for drives and off-street
parking and continue to qualify for such treatment except that if drives are
ramped, they shall be at least seven and one half (7Y) feet from the front
property line and not more than ten (10) feet or one level above grade at
their highest point, and the total length of the elevated drive shall not
exceed forty percent (40%) of that portion of the lot fronting on the
adjacent street. Required yards adjacent to Biscayne Bay in the C-PS4
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District may be utilized for open and enclosed decks, platforms, planters,
canopies, canvas-type awnings, baywalks or removable furniture such as
tables and chairs. Required side yards in the C-PS4 District may have
public walkways that are partially covered.
SECTION 7: 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 8: REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9: 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 fo the remaining portions of this
Ordinance.
SECTION 10: EFFECTIVE DATE. This Ordinance shall take effect ten (10) days after
adoption on Dec. 12, 1987.
PASSED and ADOPTED this 2nd day of Dec. , 1987.
MAYOR
ATTEST:
.04444:4 %,1 46.4
CITY CLERK
1st Reading - November 18, 1987
2nd Reading - December 2, 1987 (As amended) FORM APPROVED
LEGAL DEPA T4ENT
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