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Ordinance 90-2718 ORDINANCE NO. 90-2718 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665; 1. AMENDING SUBSECTION 6-25 ENTITLED "SUPPLEMENTARY YARD REGULATIONS", CLARIFYING DOCK PROJECTIONS, AND CLARIFYING TYPE OF BUILDING AND LOCATION OF SATELLITE DISH ANTENNAS; 2. AMENDING SUBSECTION 7-2 ENTITLED "OFF-STREET PARKING REQUIRED" BY CREATING PARKING CRITERIA FOR HOTEL ACCESSORY USES; 3. AMENDING SUBSECTION 7-4 ENTITLED "INTERPRETATION OF OFF-STREET PARKING REQUIREMENTS" BY CLARIFYING HOW SPACES ARE ROUNDED OFF; 4. AMENDING SUBSECTION 7-5 ENTITLED "DESIGN STANDARDS" CLARIFYING THE DIMENSIONS OF SPACES; 5. AMENDING SUBSECTION 7-8 ENTITLED "PARKING CREDIT SYSTEM" BY ALLOWING PARKING CREDITS IN THE MXE, MIXED USE ENTERTAINMENT DISTRICT; 6. AMENDING SUBSECTION 7-9 ENTITLED "SURPLUS AND UNDERUTILIZED PARKING SPACES" BY MODIFYING THE APPLICATION FEE; 7. AMENDING SUBSECTION 7-11 ENTITLED "VALET PARKING" BY ALLOWING MULTI-FAMILY BUILDINGS TO PROVIDE VALET SPACES; 8. AMENDING SUBSECTION 9-2 ENTITLED "GENERAL SIGN REGULATIONS" BY ALLOWING MAIN PERMITTED SIGN TO BE LOCATED ON THE WINDOW WITH CONDITIONS; 9. AMENDING SUBSECTION 9-3 ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED" BY ADDING REFERENCE TO RELATED SUBSECTION 9-4; 10. AMENDING SUBSECTION 9-4 ENTITLED"TEMPORARY SIGNS" BY INCLUDING BANNERS; 11. AMENDING SUBSECTION 16-7 ENTITLED "POWERS AND DUTIES" OF THE BOARD OF ADJUSTMENT BY CLARIFYING VARIANCE RESTRICTIONS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: ................................ ................................ Sktlk'aro = new language Strike out = deleted language SECTION 1. That Subsection 6-25 of Zoning Ordinance No. 89-2665 entitled "Supplementary Yard Regulations" is hereby amended as follows: B. Allowable Encroachments 12. Marine Structures - All districts - Seaward Side Yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles, davits, or Structures of any kind shall not be less than seven and one half (71/2) feet. This requirement pertains to the enlargement of existing Structures as well as to the construction of new Structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward Side Yard setback. Land side decks may extend to the deck associated with the marine Structure. The maximum projection of a marine Structure shall be determined by the Dade County Department of Environmental Resource Management. If marine Structure a docl o ei kIPA:oI:struct: :re/equi :meat:: :ttacl ed toadofck projects more than 25 ft. into the Waterway, it shall be a ........:......:...::.:.. Conditional Use and reviewed pursuant to Section 17. 17. Satellite Dish Antennas - All districts - are only permitted in the Rear Yard or on top of gotoToii..i.wrpot000dij Buildings. Antennas in- the Architectural District shall be located and sized where they are not visible from the Street. Satellite Dish Antennas shall be considered as 1 • • an accessory..Structure, however the height q�f t equtpititi t I f4it?g itis a s base to the maximum proJetition o€:the antenna,based upon maximum operational capabilities, to the top part of the antenna shall not exceed fifteen (15) feet. If it is attached to the main Structure it may not project into a Required Yard. SECTION 2. That Subsection 7-2 of Zoning Ordinance No. 89-2665 entitled "Off-Street Parking Required" is hereby amended as follows: 7-2 OFF-STREET PARKING REQUIRED A. Parking District No. 1 - * * * 25. Hotel, Motel or Motor Lodge - 1 space per Unit. Except, Hotels located in the Miami Beach Architectura-1-l3istrict or within 1100 feet of the Civic and Convention Center (CCC)...District I spaceper 2.Hotel Units. hAtgl...atr�eaz>» sessh� l`b ��ii£ €�X a. !!Pi .tai T:>:: <equ ire :::park:in ::: lJ::::: :shabcomputed at::> :> :t::::::s .aur::::'er::4:00 b :A;uditor:u:m°.>::::Ballroom :;Conventti:on:::>Hall.:OVIImnasium.:>:::Meeting $0.00gOtittiOeifiiiitifi51466tasse bly- etoir d:pa kii ..shall be::I s:a: a::;..e 4 ":.:.,.::::> ;: .,. „,.::....:::::::`::":'::::::::`:':,::>:..,re `;::., .. :.;:� a per 4 seats 4r I space per �l�aq fto:f��tr�r.�re�.;where th;.;'.;:.: ...,:...o ::.;_.,.n .:,.:; VL.. ; .: ..:.f > `°it, erg xs�aseaitta�� xittts � s�a� txr;::l;� sq.ft. per�a��t :;:: ::::::::X.:�.�.:�.: :. :.:...................... ... ..tr�_tt�� �,>ttt _.��; ...ot :::::::::::::::::::::::.�:.:::: .:::...::::.::::.ii:iV.iiiiiiiiiif....:.:.JiJ:^i:.:Y..:iv.::::::is i'+'.:::.:':.i:�::«:.iii::.:.:.i?: :.i"�iiiiii".iiiii::.}iiii'.iiiiiiiiii be:v:eragigeit::.the::pre:nines ::: ..::u:fired:: x:lain >shall bu::t::spa:c : er 4iv5e6Wilimur] ;seat:for::ever:3 2>units, Subs t:c a '.''.li:cabl to::grggtgrAs 'xh0. ::>:a tr::>:>be::u 1nu.....1 ......u9 .s fir.u0ted.....ur......sttbstatlta.a.l.l . rehabilitated::as::hotels The nou_it cif p �ti an ect fired fad 2t ho€+ X a d € t kaaidopioaelifu to 20°1 ................... .................. SECTION 3. That Subsection 7-4 of Zoning Ordinance No. 89-2665 entitled "Interpretation of Off-Street Parking Requirements" is hereby amended as follows: 7-4 INTERPRETATION OF OFF-STREET PARKING REQUIREMENTS * * * B. Where fractional spaces result, the number of;required.parking.spaces required shall be construed to be the next highest roundedt t i.iii st whole number. SECTION 4. That Subsection 7-5 of Zoning Ordinance No. 89-2665 entitled "Design Standards" is hereby amended as follows: 7-5 DESIGN STANDARDS. A. Minimum Area. With the exception of parking spaces that are permitted in Section 7-6,B, when a standard Off-Street Parking Space is an all weather surfaced area, not in a Street or Alley, and having a width of not less than eight and one half (8 1/2) feet and length of not less than eighteen (18) feet except for parallel parking,,such space shall be twenty-one (21) feet in length gd eight and onehalf.(8 1/2),feet fide. The length required shall be measured on an axis parallel with the vehicle after it is parked. The width required is to be column- free clear space, except those standard Off-Street Parking Spaces immediately adjacent to a structural column within an enclosed parking Structure may have a width of eight (8) ft. The required area is to be exclusive of driveways, permanently reserved for the temporary parking of one (1) automobile and connected with a Street or Alley by an all-weather surfaced driveway. This driveway must be contiguous to the Parking space and afford unobstructed ingress and egress for an automobile to be..moved, except where vehicles are parked ar fittiNe parking attend-a-111 l t'. ttc ant p r� ing spaces shall not apply tow-a+431 the computation of—the minimum parking 2 requirements except for Hotel Units in.Hotel.or.Apartment/Hotel Buildings. Sectran . 11 fair add1t%onai ' O Parlr ng regui t%o# SECTION 5. That Subsection 7-8 of Zoning Ordinance No. 89-2665 entitled "Parking Credit System" is hereby amended as follows: 7-8 PARKING CREDIT SYSTEM A. Whenever a Building or Use that was established prior to the Effective Date of this Ordinance is changed in a manner that results in an increase in the number of required Parking spaces, the following regulations shall apply. 1. Any Building or Use that lawfully exists on the Effective Date of this Ordinance shall receive a parking space credit equal to the number of parking spaces required under previous Ordinance #1891. The parking credit shall run with the land and shall be applied toward the required Parking as follows: a. The Parking credit shall only be applied to the area within the existing shell of the Building. b. Parking credits shall not be applicable to Buildings in the Redevelopment Area,MXE Mixed Use Entertainment District, or when all or a portion of a building has been demolished. shall::::or l: bea: ; Zed as:>of:Nov:.cmmbcr::V1>990oAnreexistingo sc tn:;th M :E::l ced:> U;se nte;r:tainmeAt:: istrict:::wh:i:ch::hasa:tisE: ed im ct F Pro ram ma":[ha v ;::it Parki t iiifi ct:: ';:aE:d::usted for :.:: t.:,:.:.;:.;:.; reimbursement r::prorating.s:sha;ll bin:allo ed : SECTION 6. That Subsection 7-9 of Zoning Ordinance No. 89-2665 entitled "Surplus and Under-Utilized Parking Spaces" is hereby amended as follows: 7-9 SURPLUS AND UNDER-UTILIZED PARKING SPACES * * * B. Under-utilized Parking Spaces When a Building or Development contains required parking spaces that are being under-utilized,such spaces may be leased to another party. However such spaces shall not be considered as Required Parking spaces of the lessee. In order to determine if a Development has under-utilized spaces,the Applicant shall submit an annual report to the Planning and Zoning Director substantiating this finding. The Director shall approve or deny the report based upon the report of the City department verifying the results of the annual report. An I a o fee of $20 $1:0 l s $2, per space shall be paid for purposes of offsetting the cost of administrating this Section. SECTION 7. That Subsection 7-11 of Zoning Ordinance No. 89-2665 entitled "Valet Parking" is hereby amended as follows: 7-11 VALET PARKING Required parking for new or substantially renovated Hotel Buildings, Hotel Accessory Uses, Nightclubs or Restaurants in excess of Sta 200 seats may be satisfied through the pros vision . of .. valet .arkin spacesSen:>: . Sect:io:#1:11:s:8:::< o :::::Desi.zn::::: ndards<.00#000#0MOP upbu;:t;n<qt::iii:are.: h:okgp :::h:a:[:r::::itt#ktg u r :: .area as'valet parkings#aces., SECTION 8. That Subsection 9-2 of Zoning Ordinance No. 89-2665 entitled "General Sign Regulations" is hereby amended as follows: F. Window signs. In addition to other permitted signs,one Sign is permitted on one window or door with copy limited to the name of the Commercial Use and hours of operation. The size of the letters for the store name shall not exceed four(4)inches in height and the size letter.for the hours of operation shall not exceed two (2) inches in height. >E o cvcr,.w :en fherc ate n:o other Sig s asst c tted ith.th :u y.the Gain per tted sign ay.. .located oo the Window.with iz±e not to. >w t square feet SECTION 9. That Subsection 9-3 of Zoning Ordinance No. 89-2665 entitled "Signs and Sign Devices Prohibited" is hereby amended as follows: 3 • B. Pennants, Banners, Streamers. Pennants, banners, streamers, and all other fluttering,spinning or similar type Signs and advertising devices are prohibited ept excas provided in Section. .4B6 9ani;except for national flags and flags of political subdivisions of the United States, and except for flags of bona fide civic, charitable, fraternal, and welfare organizations, and except during nationally recognized holiday periods. SECTION 10.That Subsection 9-4 of Zoning Ordinance No. 89-2665 entitled "Temporary Signs" is hereby amended as follows: ...................................... 6. inner i€€a Maximum of T o b e Tem p r a r.y Temporary inners balloon Signs: one 0.46faigOf determined.by 2t k'eiE :`<<<3}2 and balloon Signs Hot or cold balloon Sign the HW& balloon Signs shall be erected, air balloons or per Structure. t s`erva shall be erect- anchored, used, ....................:................ other gas ii< l ri ed and main- operated o r filled figures ''' 'e<'s" tamed for a maintained only on a or similar Director period not to temporary permit type Signs. under t h e exceed 1 4 basis as approved Design days, and no under the Design Review more than one Review procedures.A procedures. time during a Building Permit is re- calendar year quired. The Planning o n a and Zoning Director Premises. shall require a performance bond in ....:..:::..:..:...::..:.::.::.:.....:..:.::..:....::::. ........................................................ ...................................................... ........................................................ ........................................................ `::eern i ed ne essai y €n€irir`'tius ui >:xts ........................................................ ....................................................... ......:.................... SECTION 11. That Subsection 16-7 of Zoning Ordinance No. 89-2665 entitled "Powers and Duties" is hereby amended as follows: 16-7 POWERS AND DUTIES A. The Board of Adjustment shall have the following powers and duties: * * * 2. To authorize, upon application, such Variance from the terms of this Ordinance as will not be contrary to the public interest when, owing to special conditions,a literal enforcement of a provision of this Ordinance would resulrt in unnecessaryan d:undue hardship. An application for..a Variance rothe f ollovwing steins is prohibited Pta�r Area.Ratio,iCquire l Farkin:g (except.oi#OvACtli:M00.4-CrOti4ithW50#ggPOMIN shall be limited to the following development regulations: height, average and minimum unit sizes (but not the average unit size when used in determining the bonus for the Floor Area Ratio; ), setback areas, size and location of . . - .. . Subsection 12A 2(A)(1,2, and 3), and off Street parking.and loading re.uirements.however,no Variance shall be given for iests `taiz to waiver::of off-Street parking for less than one space per Apartment .......:.....:.............:.......:. Unit or Hotel Unit, or a request pertaining to the reduction of: . .a.n.i:::..mpact :. ::. . fee, or for Lot Area when determining floor area ratios-. ''Trine' for hotels of more than 20% of the total amount of required paring is prohibited;::should:: t:h hoard grant a yarianc;e pursuant;tb::::;Sect o 7-2.A.25, the Parking Impact l ee Program shall not be equired In order to authorize any Variance from the terms of this Ordinance, the Board of Adjustment shall find: SECTION 12. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 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 13. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 14.SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 4 SECTION 15. EFFECTIVE DATE This Ordinance shall take effect on the 3rd day of November , 1990. PASSED and ADOPTED this 24th day of October , I990. / ' 0Aeel ATTEST: Ual-k_lks%c6.1.14‘, CITY CLERK U U DG:dhg FOR1 APPROVED c:prkamend LEGAL DEPARTMENT 1st reading 10/10/90 BY:; . 9 : 2nd reading 10/24/90 ` F: 5 S. r otv, v j 2/4i read :• ":"Z\4.2 BEq , FLORIDA 3 3 1 3 9 S*?IN ORATORATED *S °'VACAT!ONLANU U. S. A. ?9�� �`1\ys OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 1.4.,a-Q-ip COMMISSION MEMORANDUM NO. 5 39 9a `0-1- DATE: OCTOBER 24, 1990 TO: Mayor Alex D % d and Members of e City Com ssi; A 1 FROM: Rob W. Park • //%y City Manager SUBJECT: PLANNING BOARD RECOMMENDATION TO AMEND THE ZONING ORDINANCE - TECHNICAL AMENDMENTS II THE REQUEST At the March 22, 1990 meeting, the Planning Board created a Planning and Zoning Subcommittee for purposes of"fine tuning"the new Zoning Ordinance. The Subcommittee was comprised of Planning Board members Norman Frank and Neisen Kasdin in addition to John Forte, Ron Molko and Harold Rosen and Randy Sender. The Subcommittee is staffed by the Planning and Zoning Department and the Legal Department. On July 17, 1990 the Planning Board held a public hearing on a proposed package of technical amendments made by the Subcommittee; following the hearing, the Board voted 7-0 to recommend approval to the City Commission, except for those proposals related to parking which were deferred for further study. On August 8, 1990 the Subcommittee met again to discuss and further refine the parking proposals; Craig Robins was added to the Subcommittee. Attention focused on the parking requirements for hotels. The Subcommittee approved recommending new off-street parking requirements for hotels and accessory uses. These and other amendments related to parking are included in the proposal below. Additionally, there are a few other minor technical amendments recommend by the staff of the Planning and Zoning Department. Proposals to amend the Ordinance related to the Parking Impact Fee Program were deferred until a report is forthcoming from the City's Bond Counsel. THE PROPOSAL On August 28, 1990, the Planning Board held a public hearing to consider the request. Following the hearing the Board voted unanimously (5-0) that the City Commission approve the attached amendment to the Zoning Ordinance. The attached Ordinance is a copy of the proposed amended Section of the Zoning Ordinance. The shaded portions are to be added to the existing Ordinance and the struck-through portions are to be deleted. To assist in the review of the proposed amendments, the following provides a brief explanation of each proposal: SECTION TITLE PAGE EXPLANATION 6-25 SUPPLEMENTARY 1,2 Restrictions on the placement of YARD REGULATIONS swimming pool equipment are changed. Clarification of dock. projections to include a structure or any equipment attached to a dock. The location of satellite dish antennas is further defined and restricted. 63 AGENDA ITEM ' \ DATE I 0 -- 2-`1 -90' SECTION TITLE - PAGE EXPLANATION 7-2 OFF-STREET 2 Sets forth additional requirements PARKING REQUIRED for accessory use parking beyond minimum thresholds. If substantiated, the Zoning Board of Adjustment may grant a variance up to 20% of total required • parking. 7-4 INTERPRETATION OF 2 In calculating parking OFF-STREET requirements fractional spaces PARKING shall be rounded to the nearest REQUIREMENTS whole number. 7-5 DESIGN STANDARDS 2 Clarifies the minimum area dimensions of parking spaces. 7-8 PARKING CREDIT 3 Allows parking credits to be SYSTEM applicable in the MXE Mixed Use Entertainment District. Also provides a mechanism for recalculating parking credits for those uses that did not participate prior to the amendment. 7-9 SURPLUS AND 3 Changes the application fee to UNDERUTILIZED , $100, plus $2 per space for PARKING SPACES administering the annual review of under-utilized spaces. 7-11 VALET PARKING 3 Allows for up to one half the spaces for a multi-family building to be valet spaces. 9-2 GENERAL SIGN 3 Allows for a main permitted sign REGULATIONS of up to 20 sq. ft. in window when there are no other signs associated with the use. 9-3 SIGNS AND SIGN 3 Adds reference to related DEVICES PROHIBITED Subsection 9-4 on Temporary Signs. 9-4 TEMPORARY SIGNS 3,4 Includes banners with balloon signs under Temporary Sign regulations. 16-7 POWERS AND DUTIES 4 Deletes the prohibition on certain variances and adds prohibition on Floor Area ratio and required parking. Also, a prohibition is added for a variance in excess of 20% of total required parking for hotels. 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