Ordinance 78-2109 ORDINANCE NO. 78-2109
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,, AMENDING ZONING ORDI-
NANCE NO. 1891 SO AS TO REFLECT NOMENCLATURE
CHANGES NECESSITATED BY THE REORGANIZATION OF
CITY DEPARTMENTS.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That the applicable terms as defined under Section 3-2
of Ordinance No. 1891, being the Zoning Ordinance of
the City of Miami Beach, Florida, be and the same are hereby
amended to read as follows:
"BUILDING OFFICIAL: PUBBIE-WGRRS-DIREGTAR
CODE ENFORCEMENT DIRECTOR.
LOT FRONT: The front of a lot shall be construed
to be the portion nearest the streets. For corner
lots, the lot front shall be the narrowest portion
abutting the street unless determined otherwise by
the Planning-amd-geeing-Bireeter Code Enforcement
Director.
PBAPdNING-ANB-geNING-BIRBETAR PLANNING DIRECTOR:
The Director of the Bepartfent-ei-Plasi3isg-aed
gating Department of Planning of the City of
Miami Beach, Florida, "
SECTION 2: That Section 4-2 of said Ordinance No. 1891 be and the
same is hereby amended to read as follows :
"4-2 District Map
A. The locations of these Districts are shown
on a map designated as the City of Miami
Beach Zoning District Map, dated and signed by
the Mayor and City Clerk of the City of Miami
Beach, upon adoption. This Zoning District Map,
together with all notations, dimensions, refer-
ences and symbols shown thereon, pertaining to
such districts, is hereby adopted by reference
and declared to be as much a part of this Ordi-
nance as if fully described herein. Said map
shall be available for public inspection in
the office of the Planning-and-Se:3}sg-94reeter
Code Enforcement Director and any later altera-
tions to this map, adopted by amendment as pro-
vided in this Ordinance, shall be similarly
dated, filed, and made available for public
reference. "
SECTION 3: That Section 6-17 (K) (2) , created by Ordinance No.
75-2051 as a new section to Ordinance No. 1891, be
and the same is hereby amended to read as follows:
"An applicant shall file his application and all
supportive documents, in duplicate, with the
Department of Plannitig-amd-genilig Planning, which
will forward one copy to the Department of Peelie
Werke Public Utilities. Written comments and
recommendations shall be provided by ,these two
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
departments and forwarded to the City Manager who
shall prepare a final Administrative recommendation
to be completed within forty-five (45) days after
original receipt of the application by the Plai313ng
and-3ening-Department Planning Department. . . . "
SECTION 4 : That Section 7-1 (D) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"PROCEDURES - CONDITIONAL USES. Applications for
approval of a conditional use shall be submitted
to the Plann4mg-and-gel3ing-Begart> ent, Planning
Department, which shall review the application
and site plan for sufficiency under the require-
ments of these regulations, and forward necessary
copies of the application to the Clerk of the
City Council for notation in the record of Council
business. The Clerk shall forward two copies to
the Planning Board for study, for holding of a
public hearing, and for recommendation and report
to the City Council. Within a reasonable time of
receipt of the application, the Planning Board
shall hold a public hearing in relation thereto,
at which parties in,interest and citizens shall
have an opportunity to be heard. At least 15 days '
notice of the time and place of such hearing shall
be posted on the property in question in accord
with the requirements of Section 16. Within 30
days of the public hearing, the Planning Board
shall submit a report and recommendations to the
City Council. The report may contain additional
conditions which should be imposed by the City
Council in approving the conditional use. The
City Council may establish additional conditions
for an approval by a simple majority vote, but
shall require a vote of five-sevenths of all
members of the Council to overrule a Planning
Board recommendation for disapproval or to elimi-
nate or substantially change any conditions
attached to an approval by the Planning Board.
Approval of a conditional use under this Section
shall be valid for a period of one year after
the date of approval and thereafter shall become
null and void unless construction or use is sub-
stantially underway during said one-year period,
or unless an extension of time is approved by the
Planning Board before the expiration of said one-
year period.
Permits issued under a conditional use approval
may be revoked by the Plant,3 -ane -geiatae -Breeter
Code Enforcement Director for failure to comply
with conditions of approval or applicable regula-
tions.
The procedure for amendment of a conditional use
already approved, or a request for a change of
conditions attached to an approval, shall be the
same as for a new application, except that where
the Planning Board determines the change to be a
minor one relative to the original approval, the
Board may transmit the same to the Clerk of the
City Council with the original record without
requiring that a new application and site plan
be filed. "
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 5: That Section 8-1 (A) (2) of said Ordinance No. 1891 be
and the same is hereby amended to read as follows:
"DETERMINATION OF SIDE STREET - Where these regu-
lations refer to side streets, the Plane ng-ami
genmg-BireeEer Code Enforcement Director shall
be guided by the pattern of development in the
vicinity of the lot in question in determining
which of two streets is the side street. "
SECTION 6: That Section 8-1 (B) (6) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
. . .A walk space at least 18 inches wide shall be
provided between pool walls and fences or screen
enclosure walls. Every swimming pool shall be
protected by a safety barrier approved by the
Platin ftg-amel-gen rig-B reefer Code Enforcement
Director. . . . "
SECTION 7: That Section 8-8 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
" . . .Permits for erection of any of the above
facilities must be obtained from the Building
Inspeet. ea-Bv4s efl Construction Services
Division, the State Internal Improvement Fund
if necessary, and if abutting navigable streams,
the approval of the U.S. Corps of Engineers must
be secured. "
SECTION 8: That Section 10-2 (C) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows :
"For uses which contain less than 10, 000 square
feet of floor area, the Plann4ftg-and-gen4mg
B Teeter Code Enforcement Director may waive
or reduce the loading requirements whenever
the character of the use is such as to make
unnecessary the full provision of loading
facilities or where such provision would impose
an unreasonable hardship upon the use of .the
lot. "
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SECTION 9 : That Section 11-1 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"PERMIT REQUIRED. No sign, unless herein accepted,
shall be erected, constructed, posted, painted,
altered, maintained, or relocated, except as
provided in this Section, until a permit has been
issued by the Building Official. Before any per-
mit is issued, an application, especially provided
by the Punning-anel-Ben ag-Begartmeat Code Enforce-
ment Department, shall be filed, together with
such drawings and specifications as may be necessary
to fully advise and acquaint the Department with the
location, construction, materials, manner of illu-
minating, and securing or fastening, and number of
signs applied for and the wording of the sign or
advertisement to be carried on the sign. All signs
which are electrically illuminated by neon or by any
other means shall, require a separate electrical per-
mit and inspection. Each sign requiring a permit
shall be clearly marked with the permit number and
name of the person or firm placing the sign on the
premises. "
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 10: That Section 11-1 (L) (3) of said Ordinance No. 1891 be
and the same is hereby amended to read as follows :
"The Building Official shall remove or cause to
be removed, any sign erected or maintained in
conflict with these regulations if the owner
or lessee of either the site or the sign fails
to correct the violation within thirty (30)
days after receiving written notice of viola-
tion from the Bepartmest-ef-Plass sg-and-ges}sg
Department of Code Enforcement. Removal of a
sign by the Building Official shall not affect
any proceedings instituted prior to removal of
such sign. "
SECTION 11: That Section 12-7 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"The 24reeter-ef-PIansisg-asd-ges ng Director of
Code Enforcement shall make an initial deter-
mination of the existence of a nonconforming use
and in so doing may make use of affidavits and
investigation as he may determine necessary in
a particular case. r . . "
SECTION 12: That Section 13-1 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"The City' s Plass sg-ase-Zesisg-B}3ceeter Planning
Director and Public Werks Utilities Director
shall be ex officio members without the right of
vote, and whose presence shall not be counted
for the determination of a quorum. The remaining
five members shall consist of the following: . . . "
SECTION 13: That Section 13-4 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows :
"All variance requests shall be first submitted
to the City Attorney for a determination whether
the requested variance is properly such, and does
not constitute a change or amendment to the Zoning
Ordinance. The jurisdiction of the Board of
Adjustment shall not attach unless and until the
Board has before it a written certificate of the
City Attorney that the subject matter of the
request is properly before the Board. The
separate written recommendations of the PlassAsg
and-gessg-B}reeter Planning Director and of the
Public Werks Utilities Director shall be before
the Board prior to its consideration of any
matter before it. "
SECTION 14 : That Section 13-5 (B) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"Upon the withdrawal or final denial of an appli-
cation for a variance from the provisions of this
Ordinance within six (6) months following such
withdrawal or denial, unless, however, the deci-
sion of the Zoning Board of Adjustment taking any
such final action is made without prejudice, or
unless the withdrawal of such application is per-
mitted to be made without prejudice. An application
may be withdrawn without prejudice by the applicant
as a matter of right, if such request is signed by
the applicant and filed with the Plass sg-asel-gen sg
B reefer Planning Director prior to the giving of
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
any notice required by this Ordinance; with pre-
judice, save and except that the Zoning Board of
Adjustment may permit withdrawals without prejudice
at the time the application for said variance is
considered by the said Board; provided further,
that no application may be withdrawn after final
action has been taken. "
SECTION 15 : That Section 14-1 of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"A. It shall be the duty of the Director of the
Department of Plai3i3li3g-and-gei3i'g Code
Enforcement to enforce the provisions of this
Ordinance and to refuse to approve any permit
for any building or for the use of any pre-
mises, which would violate any of the provisions
of this Ordinance. It shall also be the duty of
all officers and employees of the City to assist
the Plaiii3li3g-and-geRliag-Bli<eeter Code Enforcement
Director by reporting to him any seeming viola-
tion in new construction, reconstruction or
land uses.
B. For the purpose of inspection, the Platiiaing
ai3d-pert rig-B4reeter Code Enforcement Director
and his authorized representatives shall have
free access to materials and work at all times
and either or both shall have the power to stop
work pending investigation as to materials,
work, grades, use and other provisions of these
regulations.
C. The PlatiRltig-and-geialtig-Blreeteic Code Enforcement
Director is authorized, where he deems it neces-
sary for enforcement of these regulations, to
request the execution of an agreement for record-
ing.
D. In case any building is erected, constructed,
reconstructed, altered, repaired, or converted,
or any building or land is used in violation of
this Ordinance, the Plae.iai3g-aild-gei3i3g-Blreeter
Code Enforcement Director, or the City, or the
City in his behalf is authorized and directed
to institute any appropriate action to put an
end to such violation.
E. Upon good cause and upon presentation of proper
credentials, the Plai3z3i3g-ai3d-Gez3i3g-B4i<eeter
Code Enforcement Director, or his authorized
representative, may enter at any reasonable
time, any building, structure or premises, for
the purpose of determining whether this ordinance
is being violated. In the event it is found and
determined that there are violations of this ordi-
nance, the Plai3131i3g-ai3d-gei3}i3g-B}reeter Code
Enforcement Director, or his authorized repre-
sentative, is empowered to issue a summons to
the person or persons violating the same. "
SECTION 16 : That Section 14-3 (B) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"The Director of Plaiu3li3g-ai3d-gemli3g Code Enforcement
may establish additional requirements 'for site plans,
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
and in special cases, may waive a particular require-
ment
if, in his opinion, the requirement is not
essential to a proper decision on the project. "
SECTION 17 : That Section 14-4 (C) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows :
"A record of all Certificates of Occupancy issued
hereunder shall be kept on file in the office of
the Platin4mg-and-genmg-Bree€er Code Enforcement
Director. "
SECTION 18 : That Section 16-2 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows :
"A petition for an amendment, supplement or change
may be submitted to the Planrillg-and-ZeRlmg-Breeter
Planning Director by the City Council ' s own motion
or by the owners of a majority of frontage in any
area. Said area shall contain not less than four
hundred (400) feet of frontage on any public street
or way or a parcel not less than eighty thousand
(80, 000) square feet.
SECTION 19 : That Section 16-2 (B) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows:
"The petition shall be in accord with a form
approved by the City Attorney. The Planting
and-gemmg-Blreeter Planning Director shall
forthwith forward the petition to the Clerk of
the City Council for notation in the record of
Council business. The Clerk shall forward two
copies to the Planning Board for holding of a
public hearing, report, and recommendation. "
SECTION 20: That Section 16-5 (A) of said Ordinance No. 1891 be and
the same is hereby amended to read as follows :
"It shall be the duty of the Planning Board, in
cooperation with the Planntag-and-Zenng-Blreeter
Planning Director and the City Attorney to con-
tinuously review the provisions of the regula-
tions in this Ordinance, including the district
maps, and from time to time, to offer recommenda-
tions to the City Council as to the sufficiency
thereof, in accomplishing the development plans
of the City. "
SECTION 21: That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 22: That this ordinance shall become effective ten (10)
days after passage.
PASSED and ADOPTED this 18th day of January , 1978 .
/ f Ma,yor
Attest- 1st Reading - January 4, 1978
2nd Reading - January 18, 1978
City Clerk _ 6 _ •
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139
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