Ordinance 78-2143 ORDINANCE NO. 78-2143
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1891 OF THE CITY OF MIAMI
BEACH, THE SAME BEING THE COMPREHENSIVE ZONING
ORDINANCE; DEFINING THE TERMS COMMERCIAL VESSELS
HOUSEBARGE, PLEASURE CRAFT OR PLEASURE BOAT, AND
LIVE ABOARD; CREATING NEW ZONING DISTRICTS
DESIGNATED MD-I MARINE DISTRICT AND MD-II
MARINE DISTRICT; PROVIDING FOR USES PERMITTED,
MINIMUM YARDS , MAXIMUM STRUCTURE HEIGHT, AND
MINIMUM LOT WIDTHS IN SAID DISTRICTS; ESTABLISHING
LANDSCAPE CRITERIA, AND PROVIDING THAT THE BOARD
OF ADJUSTMENT MAY GRANT VARIANCES WITH RESPECT
TO SAME; ESTABLISHING SIGN CRITERIA IN THE MD-II
DISTRICT; PROVIDING FOR THE CONTINUATION OF CERTAIN
USES; REZONING A PARCEL OF LAND LYING ALONG THE
EASTERN BANK OF INDIAN CREEK WATERWAY BETWEEN 55th
STREET AND 41st STREET FROM ZONING CLASSIFICATION
RS-4 TO MD-II; REZONING A PORTION OF LAND ALONG
THE EASTERN BANK OF INDIAN CREEK WATERWAY AND LAKE
PANCOAST BETWEEN 41st STREET AND 24th STREET FROM
CLASSIFICATION RS-4 TO MD- I ; AMENDING THE CITY OF
MIAMI BEACH ZONING DISTRICT MAP ACCORDINGLY AS SET
FORTH IN THE ATTACHED MAP; REPEALING ALL ORDINANCES
IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
SECTION I : That Section 3, Subsection 3-2 of Ordinance No. 1891, as
amended, the same being the Comprehensive Zoning Ordinance
of the City of Miami Beach, be and the same is hereby amended by in-
serting the following additional definitions in said Section in
appropriate alphabetical order within said Section:
"COMMERCIAL VESSEL: Every vessel which is used
or operated for commercial purposes on the
navigable waters of the city; that is either
carrying passengers, carrying freight, towing,
or for any other use; for which a compensation
is received, either directly or where provided
as an accommodation, advantage, facility or
privilege at any place or public accommodation,
resort or amusement. "
"HOUSEBARGE: A residence or structure capable of
being utilized as a residence floating on water,
usually permanently moored, which is not manufac-
tured with a system of propulsion. "
"LIVE ABOARD: Any person who utilizes a vessel
as a temporary or permanent place of abode or
habitation. A person using a vessel during parts
of a day for recreation or entertainment, but not
sleeping shall not be deemed a live aboard. "
"PLEASURE CRAFT OR PLEASURE BOAT: A vessel not
within the classification of a commercial vessel,
housebarge or houseboat and which is designed
primarily for the purpose of movement over a body
of navigable water and which is equipped with a
means of propulsion, in operating condition, which
is appropriate to the size and type of vessel. "
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
SECTION 2 : That Section 6 of Ordinance No. 1891, as amended, the
same being the Comprehensive Zoning Ordinance of the
City of Miami Beach, be and the same is hereby amended by adding
thereto a new Subsection to be designated 6-18 , MD-I MARINE DISTRICT
which shall immediately follow Subsection 6-17 , and which shall read
as follows :
"6-18 MD-I, MARINE DISTRICT
A. District Purpose. This District is designed
to permit the non-commercial dockage of pleasure
craft; live aboards shall not be permitted.
B. Uses Permitted. No land, water or structure
may be used, in whole or in part, except for
one or more of the following uses :
1. The non-commercial, wet dockage of pleasure
craft.
C. Minimum Yards.
1. Front: 7 1/2 feet.
2 . Side: 7 1/2 feet or 10% of the lot frontage
whichever is greater. The side yard require-
ment shall be deemed to extend to the water
side development as well as the land side.
No use other than open space shall be per-
mitted in side yards in this District.
D. Maximum Structure Height: Structures
shall not exceed 10 ft. above the sidewalk
elevation.
E. Minimum Lot Width: 40 feet.
F. Density: 0 units per acre.
G. Landscape Criteria: A minimum of 85% of the
lot area of any lot in this District shall be
landscaped with plant materials or decorative
paving 'surfaces. The Board of Adjustment
shall have authority to grant variance from
this provision in the same manner as other
variances are granted. "
SECTION 3: That section 6 of Ordinance No. 1891, as amended, the
same being the Comprehensive Zoning Ordinance of the
City of Miami Beach, be and the same is hereby amended by adding
thereto a new Section designated 6-19, MD-II MARINE DISTRICT which
shall immediately follow Section 6-18 and which shall read as
follows :
"6-19 MD-II MARINE DISTRICT
A. District Purpose. This District is designed to
accommodate wet dockage for pleasure craft and
commercial vessels strictly limited to the following:
fishing boats, tour boats, sail boat charters and
sport boat charters, subject to the strict compliance
with conditions set forth below.
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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B. Uses Permitted. No land, water or structures may be
used in whole or in part except for one or more of
the following uses :
1. Wet dockage of pleasure craft, not including
house boats or house barges. Live aboards
shall be limited as provided in subparagraph
2 (a) below.
2. Wet dockage of the following commercial vessels
only: fishing boats, tour boats , charter sail
boats, and charter sport boats, subject to the
restrictions below. The following restrictions
shall apply to the dockage of pleasure craft and
commercial vessels in this district.
(a) Live aboards on pleasure craft or permitted
commercial vessels shall be limited to no
more than one person serving as caretaker
or crew of a pleasure craft, or permitted
commercial vessel, provided that said
person must maintain a residence at some
place other than the pleasure craft or
permitted commercial vessels of which he
is either caretaker or crew; and further
provided that in the case of any pleasure
craft, or permitted commercial vessel,
docked principally in Miami Beach for a
period in excess of twenty-one (21) days
in any calendar year, the owner of the
vessel and such caretaker or crewman
shall be required to register with the
City and provide such documentation as
shall establish to the satisfaction of
the City that said person meets all the
requirements of this provision.
(b) The dockage of permitted commercial
vessels shall be allowed solely as a
subordinate use to a hotel facility
having in excess of two hundred and fifty
(250) sleeping units and which hotel
facility is located adjacent to the
dockage use or which is separated by a
public way from such dockage use but is
not more than one hundred and fifty (150)
feet from such dockage site.
(c) No signage advertising the existence or
availability of any permitted commercial
vessel shall be allowed except within the
interior of the hotel structure which is
the main use to which such permitted
commercial vessel dockage is a subordinate
use. Provided however that a permitted
commercial vessel may have one sign, the
appearance which is of professional
quality, located on the vessel, visible
to the public, and which conforms to the
following criteria;
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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(1) the signage shall be of no more than
two colors on a neutral background;
(2) the maximum length of permitted
signage shall not exceed the lesser
of 6 feet or 10% of the length of
the vessel, measured at the mean
waterline of said vessel;
(3) the maximum height of permitted
signage shall not exceed the lesser
of 2 1/2 feet or 10% of the length
of the vessel, measured at the mean
waterline of said vessel.
(d) The cleaning, processing, storage, or
selling of fish, fish products or other
sea foods is specifically prohibited
within this District.
C. Minimum Yards.
1. Front: 20 feat.
2 . Side : Minimum of 10 feet or 10% of the
lot frontage whichever is greater. The side
yard shall be deemed to extend to the water
side development as well as the land side.
No use other than open space shall be permitted
in side yards in this District.
SECTION 4 : Existing Houseboat Dockage.
Houseboat dockage existing on June 28, 1978, within
the area described in Section 5 of this ordinance may be continued
for a period of not more than three and one-half years from the date
this ordinance takes effect; subject to the following conditions :
A. Houseboat dockage is permitted solely for houseboats or
housebarges docked within the area described in Section 5
of this ordinance on June 28 , 1978, and which houseboats
or housebarges remain continuously docked within that area
thereafter;
B, The houseboat or housebarge complies with all requirements
for the control of water pollution imposed by federal,
state, and local law.
SECTION 5 : That portion of land lying along the eastern bank of
Indian Creek Waterway between the southerly line of
55th Street extended and the northerly line of 41st Street and on the
east by the westerly line of Collins Avenue be and the same is hereby
rezoned from its present use classification of RS-4 to the classifi-
cation of MD-II .
SECTION 6: That portion of land lying along the eastern bank of
Indian Creek Waterway and Lake Pancoast bounded on the
north by the southerly line of 41st Street and on the south by the
northerly line of 24th Street and on the east by the westerly line
of Collins Avenue be and the same is hereby rezoned from its present
classification of RS-4 to the classification of MD-I.
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}(X'C OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -It1AMI BEACH,FLORIDA 33139
SECTION 7 : That the City of Miami Beach Zoning District Map, as
amended, adopted and made a part of Ordinance No. 1891
of the City of Miami Beach, be and it is hereby amended in accord-
ance with the maps of the subject area, which are attached hereto as
Exhibits "A" and "B" and incorporated herein by reference and in
accordance with Sections 5 and 6 above.
SECTION 8 : All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 9 : This ordinance shall go into effect upon its passage
in accordance with law.
PASSED and ADOPTED this 15th day of November , 1978 .
1441.4441
Mayor
Attest:
v� t/ c
City Clerk
1st Reading - October 18, 1978
2nd Reading - November 15, 1978
Third Draft incorporating amendment requested by Commissioner Weisburd
and compromise of the Special Committee.
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OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
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