Ordinance 81-2285ORDINANCE NO. 81-2285
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: PROVIDING FOR AN
AMENDMENT TO THE RM -60 MULTIPLE FAMILY MEDIUM DENSITY DISTRICT
REGARDING THE MAXIMUM FLOOR -AREA -RATIO; PROVIDING FOR AN AMEND-
MENT CONCERNING PROJECTIONS OF BALCONIES INTO REQUIRED YARDS;
PROVIDING FOR AN AMENDMENT CONCERNING SWIMMING POOL ELEVATIONS;
PROVIDING FOR AN AMENDMENT TO ESTABLISH MINIMUM SIDE YARD
PROVISIONS FOR THE RM -24 MULTIPLE FAMILY MEDIUM LOW DENSITY
DISTRICT; PROVIDING FOR AN AMENDMENT CONCERNING PARKING IN
FRONT YARDS; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1: That Section 6, Subsection 6-4(H) of Ordinance No. 1891 of the City
of Miami Beach is hereby repealed.
SECTION 2: That Section 6, of Ordinance No. 1891, is hereby amended by the
addition of the following new Subsection 6-4(H) to read as follows:
6-4 RM -60 Multiple Family Medium Density District
H. MAXIMUM FLOOR AREA RATIO
1. 1.52 for sites compriFed of one platted lot
2. 2.00 for sites comprising two or more platted lots
SECTION 3: That Section 8, Subsection 8-1(B) of Ordinance No. 1891 of the City
of Miami Beach is hereby amended to read as follows:
8-1 Supplementary Yard Regulations
****
B. Allowable Encroachments
1. PROJECTING - Every part of a required yard shall be
open to the sky, except as authorized by this Ordinance,
and except ordinary projection of sills, belt courses,
roof overhangs, window air conditioning units, chimneys
cornices, exterior unenclosed private balconies and
ornamental features which may project into a required
PAGE 1
yard a distance not to exceed 25% of the width of
the required yard, provided such projections are
not to exceed 6' and provided that there should
not be less than 8 feet clear height under any such
projection where egress to more than one unit is
provided for under such projection. Exterior unen-
closed private balconies as herein described, may
be contiguous provided access between such balconies
is prohibited.
SECTION 4: That Section 8, Subsection 8-1(B) of Ordinance No. 1891 of the
City of Miami Beach is hereby amended to read as follows:
8-1 Supplementary Yard Regulations
B. Allowable Encroachments
6. SWIMMING POOLS - Accessory swimming pools, open and
enclosed, or covered by a screen enclosure, or screen
enclosure not covering a swimming pool, may occupy a
required rear or side yard, provided:
a. Rear Yard Setback
6 ft. minimum setback from rear property line to pool
deck or platform, or screen enclosure associated with
a pool, provided, however, that pool decks may extend
to the rear property line when abutting any bay or
canal. There shall be a minimum 71 ft. setback from
the rear property line to the water edge of the pool.
b. Side Yard Setback
1. 9 ft. minimum setback from side property line to
the water edge of the pool.
2. 71 ft. minimum setback from side property line to
pool deck or platform, or screen enclosures asso-
ciated or not associated with a pool.
PAGE 2
3. 10 ft. minimum setback from side property line to
pool deck or platform in all MF Districts on corner
lots.
4. 71 ft. minimum setback from side property line
to pool deck or platform in all Single Family
Districts on corner lots.
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elevation-in-MF-Bistriets-1-87
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elevation-in-MF-Bistriets-9-and-le-and-n-ail-single
Family-Residential-Bistriets-
c. The highest water level of all pools shall be no higher
than the finished floor elevation of any adjacent and
contiguous dwelling or sleeping units.
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 and self-closing and self-locking gate approved
by the Code Enforcement Director.
The minimum size of all commercial swimming pools shall
be 450 sq. ft., with a minimum dimension of 15 ft. and
all required walkways shall have a minimum width of 4 ft.
around the pool, exclusive of the coping. Commercial
swimming pools shall also satisfy all requirements of
the State Health Code.
SECTION 5: That Section 8, Subsection 8-3(C) of Ordinance No. 1891 of the City
of Miami Beach is hereby amended to read as follows:
8-3 Minimum Yard Regulations for Multiple Family Zoning Districts
C. SIDE YARD MINIMUMS. No minimum yard requirement for an upper
level shall be less than the minimum yard requirement for a lower
level.
PAGE 3
1. RM -14 and RM -24 Multiple -Family District - The sum of the
side yard widths shall be at least 25% of the lot width,
but no side yard adjacent to a street shall be less than
15 feet and no interior side yard shall be less than 7.5
feet.
SECTION 6: That Section 9, Subsection 9-6, of Ordinance No. 1891 of the City
of Miami Beach is hereby amended by repealing the following provision
for parking in the front yards:
Section 9-6 Parking in Front Yards
6ff-street-parking-spaces-shall-net-be-located-in-a-required-front
pard;-previded-ene-required-space-fer-a-single-family-detached-dwelling
may-be-ioeated-in-said-€rent-yard;-and-required-parkng-spaees-fer
Iets-under-19;686-sq--ft--map-be-±oeated-in-said-front-pard.---mets-under
19;668-sq--ft--which-de-net-locate-parking-in-front-yard-may-increase
the -maximum -density -and -€leer -area -in -their -respective -districts -by -29%c
SECTION 7: That Section 9, of Ordinance No. 1891 is hereby amended by the addition
of the following new Subsection 9-6 to read as follows:
Section 9-6 Parking in Front Yards
A. Single -Family Residential Districts
1. Required parking spaces may be located in the minimum front
yard setback area.
2. Accessory carport structures within the front yard shall
not be permitted in the minimum sideyard setback.
3. Parking or storage of vehicles in the minimum front yard
setback shall be restricted to automobiles. No Commercial
vehicles shall be parked or stored in the minimum front
yard setback.
B. Multiple Family Districts
1. On lots under 10,000 square feet, the required parking may
be located in the minimum front yard setback.
PAGE 4
2. On lots under 10,000 square feet which do not locate parking
in the minimum front yard, the density and floor area ratio
may be increased by 20%.
3. On lots of 10,000 square feet or more parking spaces shall
not be located in the minimum front yard setback.
C. Commercial Districts, C-1 to C-6
1. On lots under 10,000 square feet, parking spaces may be
located in the minimum front yard setback.
SECTION 8: 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 holding shall not affect the
validity of the remaining portions of this Ordinance.
SECTION 10: This ordinance shall go into effect immediately upon passage in accord-
ance with law.
PASSED and ADOPTED this 2nd day of December , 1981.
Attest:
//694-e4ui 4141,--0)
City Clerk
1st Reading - November 18, 1981
2nd Reading - December 2, 1981
MSL/rb
8/13/81
APPROVED
LEGAL DEPARTMENT:
BY: '7i/• At4441 12cwaY
DATE:
PAGE 5
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