Ordinance 83-2381 REVISED ORDINANCE
ORDINANCE NO. 83-2381
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 ADULT CONGREGATE LIVING
FACILITIES TO BE LOCATED AS CONDITIONAL USES IN THE
PLANNED UNIT RESIDENTIAL DEVELOPMENT DISTRICT, RM-60,
RM-100 AND RM-125, MULTIPLE FAMILY RESIDENTIAL
DISTRICTS; PROVIDING FOR ADULT CONGREGATE LIVING
FACILITIES TO BE LOCATED AS CONDITIONAL USES IN THE C-1,
C-2, C-3, C-4, AND C-5, COMMERCIAL DISTRICTS; PROVIDING
FOR THE CREATION OF A NEW SECTION 27, ADULT
CONGREGATE LIVING FACILITIES; 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 3-2, of Ordinance No. 1891 is hereby amended by the addition
of the following definition to read as follows:
* * *
3-2 Terms Defined
ADULT CONGREGATE LIVING FACILITY: Any State licensed institution,
building or buildings, residence, private home, boarding home, home for the aged,
or other place whether operated for profit or not, which undertakes through its
ownership or management to provide for a period exceeding 24 hours, one or
more personal services for four or more adults, not related to the owner or
administrator by blood or marriage, who require such services. A facility
offering personal service for fewer than four adults shall be within the meaning
of this definition if it holds itself out to the public to be an establishment which
regularly provides such services. Personal services means services in addition to
housing and food service, which include but are not limited to: personal
assistance with bathing, dressing, ambulation, housekeeping, supervision,
emotional security, eating, supervision of self-administered medications, and
assistance with securing health care from appropriate sources. Personal service
does not include medical services. The language above shall not preclude an
applicant from seeking conditional use approval contingent upon obtaining a valid
State license.
SECTION 2: That Section 6, Subsection 6-4, of Ordinance No. 1891 of the City of Miami
Beach is hereby amended to read as follows:
6-4 PUD Planned Unit Development Residential District
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A. DISTRICT PURPOSE. PUD District is intended for a transitional area
where there is a need for allowing flexibility as to the arrangement of
buildings and a need to regulate access and circulation in order to preserve
the character and natural habitat of an existing neighborhood. Large sites
best lend themselves to this type of development and incentives have been
provided to encourage assembly of properties. The proposed development
must be designed to produce an environment of desirable character and in
harmony with the particular area. The provisions herein are intended to
result in a superior quality of housing and open space relationships, high
standards for recreational areas, parking areas and service areas. The
objectives can only be defined in general terms and their realization can be
obtained only by review and approval of the development plans for each
development in the PUD Residential District.
B. USES PERMITTED
1. Single family detached dwelling.
2. The following uses are subject to site plan approval:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria set forth in Section 27, Adult
Congregate Living Facilities.
a, b. Apartment building.
1 c. Automobile parking lot, open, or enclosed, non-commercial -
provided such use is accessory to a primary use in accordance
with the provisions of Section 9-3 of the Zoning Ordinance. For
the purpose of this Section, a written agreement shall be
construed as a Unity of Title and shall be recorded in the
Circuit Court.
E, d. Churches, synagogues and temples.
d� e. Group house.
e, f. Municipal buildings and uses.
€= g. Private club.
h. Two family dwelling.
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Townhome Residential Development Pursuant to Section 25,
Townhome Residential District Regulations.
Z Temporary use for a period not to exceed 15 days.
3. Accessory uses for above.
C. MINIMUM LOT AREA.
1. PUD: 7,000 square feet.
D. MINIMUM LOT WIDTH
1. PUD: 50 feet.
E. MINIMUM YARDS
1. PUD: Front, side and rear yard minimum shall be determined
according to specific site plans but not be less than those specified
for MF-10 unless approved otherwise.
F. MAXIMUM HEIGHT. None.
G. MINIMUM FLOOR AREA. 800 sq ace fleet pec dwel44Hg
1. Single Family detached dwelling: 800 square feet per dwelling unit.
2. Two family dwelling and group house: 800 square feet per dwelling
unit.
3. Apartment building: 800 square feet per unit.
4. Adult Congregate Living Facilities: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 2.0
I. MAXIMUM LOT COVERAGE
1. PUD-1: 50%
J. MAXIMUM DENSITY
1. PUD-1: Density is determined by size of the site as specified below:
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LOT AREA 7,500 15,000 22,500 30,000/Over
UNIT/ACRE 40 50 55 60
K. SITE PLAN APPROVAL
1. When required, a site plan shall be submitted meeting the
requirements of Section 14, and other information as may be required
by the specific project.
2. Procedures: Approval of site plan shall be in accordance with
Section 7-1, D, as applied to conditional uses.
SECTION 3: That Section 6, Subsection 6-5, of Ordinance No. 1891 of the City of Miami
Beach is hereby amended to read as follows:
6-5 RM-60 Multiple Family Medium Density District.
A. DISTRICT PURPOSE. This is primarily a residential apartment district,
which is not intended to provide tourist lodging accommodations.
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. Apartment building.
2. Group houses.
3. One- or two-family dwellings.
4. Rooming house.
5. Community garage.
6. Townhome Residential Development Pursuant to Section 25.
Townhome Residential District Regulations.
7. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria set forth in Section 27, Adult
Congregate Living Facilities.
ay b. Automobile parking lot, open or enclosed, non-commercial
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provided such use is accessory to a primary use in accordance
with the provisions of Section 9-3 of the Ordinance. For the
purpose of this Section, a written agreement shall be construed
as a Unity of Title and shall be recorded in the Circuit Court.
197 c. Beach, commercial.
s, d. Camp, day or boarding.
d: e. Church, Synagogue and Temple.
e,
f. College, junior college, or institution of higher learning.
g_ Day nursery.
gm h. Institution, educational or philanthropic, including museum and
art gallery.
1+, i. Marine dockage.
L Municipal dockage.
} k. Private dub.
k, 1. Public and governmental buildings and uses.
l� m. Publicly owned and operated recreation facility, playground,
playfield, park and beach.
n. Public utilities or public service uses, structures and
appurtenances.
Fl, o. School, elementary or high, having a curriculum substantially
equivalent to public schools of comparable grades and having
approval of the State Department of Education.
21 Storage parking lots.
p. g Temporary use for a period not to exceed 15 days.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MIMIMUM LOT WIDTH. 50 feet.
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E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None.
G. MINIMUM FLOOR AREA. PER UNIT-. 499 sq ace •feet pec aaf
1. Multiple family buildings other than adult congregate living facilities:
400 square feet per unit.
2. Adult Congregate Living Facilities: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO
1. 1.52 for sites comprised of one platted lot.
2. 2.00 for sites comprising two or more platted lots.
I. MAXIMUM DENSTIY. 60 units per acre.
SECTION 4: That Section 6, Subsection 6-6 of Ordinance No. 1891 of the City of Miami
Beach is hereby amended to read as follows:
6-6 RM-100 Multiple Family Medium High Density District.
A. DISTRICT PURPOSE. This is a hotel and apartment district, which
accommodates both long term residents and tourists.
B. USES PERMITTED. No land, later or structure may be used in whole or in
part, except for one or more of the following uses:
1. Apartment building and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
4. One- or two-family dwelling.
5. Community garage.
6. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
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requirements and review criteria in Section 27, '41'lt
Congregate Living Facilities.
a: b. Aquarium, commercial.
c. Automobile parking lot, open or enclosed, non-commercial
provided such use is accessory to a primary use in accordance
with the provisions of Section 9-3 of the Ordinance. For the
purpose of this Section, a written agreement shall be construed
as a Unity of Title and shall be recorded in the Circuit Court.
e: d. Beach, commercial.
d: e. Bus terminal.
e, f. Camp, day or boarding.
g_ Church, synagogue and temple.
g: h. College, junior college, or institution of higher learning.
k�. i. Day nursery.
�. L Institution, educational or philanthropic, including museum and
art gallery.
k. Marina
k: 1. Marine dockage.
m. Municipal buildings and uses.
rte: n. Private dub.
a: o. Public and governmental buildings and uses.
r�. 21 Publicly owned and operated recreation facility, playground,
playfield, park and beach.
g Public utilities or public service uses, structures and
appurtenances.
Et. r. School, elementary or high, having a curriculum substantially
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equivalent to public schools of comparable grades and having
approval of the State Department of Education.
s. Temporary use for a period not to exceed 15 days.
7. Accessory use for above uses.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None
G. MINIMUM FLOOR AREA. PER UNIT. 499 squace feet pec 14A-it.
1. Multiple family buildings other than adult congregate living facilities:
400 square feet per unit.
2. Adult Congregate Living Facilities: 200 square feet per unit.
H. MAXIMUM FLOOR AREA RATIO. 3.0
I. MAXIMUM DENSITY. 100 units per acre. Hotels and motels shall be
permitted to increase their density by 40%.
SECTION .5: That Section 6, Subsection 6-7 of Ordinance No. 1891 of the City of Miami
Beach is hereby amended to read as follows:
6-7 RM-125 Multiple Family High Density District.
A. DISTRICT PURPOSE: This is a high-rise, high density tourist lodging and
entertainment district.
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. Apartment building and apartment hotel.
2. Group houses.
3. Hotel, motel and tourist residence.
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4. One- or two-family dwelling.
5. Community garage.
6. Night club, without exterior entrances or exits, accessory to a hotel
or motel containing 100 or more sleeping units.
7. Restaurant, with or without an accessory bar, but not a drive-in
restaurant, without exterior entrances or exits, the accessory to a
hotel or motel containing 100 or more sleeping units.
8. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27,
Adult Congregate Living Facilities.
a, b. Aquarium, commercial.
b, c. Automobile parking lot, open or enclosed, non-commercial
provided such use is accessory to a primary use in accordance
with the provisions of Section 9-3 of the Ordinance. For the
purpose of this Section, a written agreement shall be construed
as a Unity of Title and shall be recorded in the Circuit Court.
e: d. Beach, commercial.
d, e. Bus terminal.
e, f. Camp, day or boarding.
& Church, synagogue and temple.
g, h. College, junior college, or institution of higher learning.
h-1 i. Day nursery.
h Institution, educational or philanthropic, including museum and
art gallery.
k. Marina
k, 1. Marine dockage.
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m. Municipal buildings and uses.
ITN n. Private club.
a� o. Public and governmental buildings and uses.
ePublicly owned and operated recreation facility playground,
playfield, park and beach.
g Public utilities or public service uses, structures and
appurtenances.
qz r. School, elementary or high, having a curriculum substantially
equivalent to public schools of comparable grades and having
approval of the State Department of Education.
s. Temporary use for a period not to exceed 15 days.
7. Accessory use for above uses.
C. MINIMUM LOT AREA. 5,000 square feet.
D. MINIMUM LOT WIDTH. 50 feet.
E. MINIMUM YARDS. As provided in Section 8.
F. MAXIMUM BUILDING HEIGHT. None
G. MINIMUM FLOOR AREA. PER UNIT. 4AA squace feet pec ate,
1. Multiple family buildings other than adult congregate living facilities:
400 square feet per unit.
2. Adult Congregate Living Facility: 200 square feet per unit.
SECTION 6: That Section 6, Subsection 6-8 (B) (20) of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-8 C-1 Neighborhood Business District
* * *
B. Uses Permitted
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* * *
20. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27, Adult
Congregate Living Facilities.
a, b. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section, a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
b c. Day Nursery.
e, d. Filling station, but wit no lighting fixture or illuminated sign
extending to a height greater than 15 feet.
d, e. Municipal buildings and uses.
e, f. Undertaking establishment or funeral home.
f, g. Temporary use for a period not to exceed 15 days.
SECTION 7: That Section 6, Subsection 6-9 (B) (4) of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-9 C-2 General Office District
* *
B. Uses Permitted
* * *
4. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27, Adult
Congregate Living Facilities.
a, b. Municipal buildings and uses.
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b: c. Private dub.
E, d. Temporary use for a period not to exceed 15 days.
SECTION 8: That Section 6, Subsection 6-10 (B) (49) of Ordinance No. 1891 of the City
of Miami Beach is hereby amended to read as follows:
6-10 C-3 Central Business District
* *
B. Uses Permitted
* * *
49. a, The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27, Adult
Congregate Living Facilities
a, b. Personal service uses such as postal station, theatre ticket outlet,
artists studios, book stores, music stores, florists, gift shops, greeting
card store, fruit shippers selling prepackaged gift boxes and
newsstands when associated with an existing store on Lincoln Road
Mall may be located in the public right-of-way within a distance not
to exceed 400 feet from such store for a sale of goods and services
customarily associated with an existing permitted store. Such uses
shall be subject to review and approval of the Planning Board. Such
uses will not constitute or create unreasonable obstructions to the
prior and paramount right of the public for passage upon public ways.
2� c. Public and governmental buildings and uses.
d. Publicly owned and operated recreational facility, playground,
playfield, park and beach.
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4) e. Public utilities or public service uses, structures and appurtenances.
f. Sidewalk cafes, when associated with an existing restaurant on
Lincoln Road Mall, may be located in the public right-of-way within a
distance not to exceed 400 feet from such restaurant subject to prior
findings and determinations by the Planning Board that such
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permitted sidewalk cafes will not constitute or create unreasonable
obstructions to the prior and paramount right of the public for
passage upon the public way.
A suitable and appropriate plan or sketch showing the proposed
location of said sidewalk cafe in relationship to the main restaurant
or cafe required hereby, and the proposed seating arrangement to be
utilized by said sidewalk cafe shall be submitted to the Planning
Board and the City Commission for approval prior to the issuance of
any revocable permit for such sidewalk cafe. In instances where the
location of said sidewalk cafe extends into the right-of-way of
another property owner, the owner of the proposed use shall be
responsible for securing a lease agreement with the affected property
owner prior of the excecution of a revocable permit by the City
Commission.
g_ Uses not listed above which are similar in character to one or more
permitted uses, and which would not be inappropriate in this District.
exceed
74 h. Temporary use for a period not to/15 days.
SECTION 9: That Section 6, Subsection 6-11 (B) (5) of Ordinance No. 1891 of the City of
Miami Beach is hereby amended to read as follows:
6-11 C-4 Business District
* * *
B. Uses Permitted
* * *
5. The following may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27, Adult
Congregate Living Facilities.
a-. b. Aquarium, commercial.
bs c. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
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Section, a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
E= d. Beach, commercial.
d: e. Bus terminals.
ef. College, junior college, or institution of higher learning.
g. Filling station
g. h. Institution, educational or philanthropic, including museum and art
gallery.
la, i. Marina.
▪ L Municipal buildings and uses.
k. Private dub.
kl 1. Storage parking lots.
▪ m. Uses not listed above which are similar in character to one or more
permitted uses, and which would not be inappropriate in this District.
in, n. Temporary use for a period not to exceed 15 days.
SECTION 10: That Section 6, Subsection 6-12 (B) (23) of Zoning Ordinance No. 1891 of
the City of Miami Beach is hereby amended to read as follows:
6-12 C-5 General Business District
B. Uses Permitted
23. The following uses may be permitted as a conditional use:
a. Adult Congregate Living Facilities subject to the mandatory
requirements and review criteria as set forth in Section 27, Adult
Congregate Living Facilities.
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aT b. Aquarium, commercial.
c. Automobile parking lot, open or enclosed, non-commercial provided
such use is accessory to a primary use in accordance with the
provisions of Section 9-3 of the Ordinance. For the purpose of this
Section, a written agreement shall be construed as a Unity of Title
and shall be recorded in the Circuit Court.
ET d. Beaches, commercial.
d: e. Bus terminals.
eT f. Colleges, junior colleges, or institutions of higher learning.
g_ Institution, educational or philanthropic, including museum and art
gallery.
gT h. Municipal buildings and uses.
bT i. Private dub.
iT
it Storage parking lots.
k. Undertaking establishment or funeral home.
kT 1. Temporary use for a period not to exceed 15 days.
SECTION 11: That Zoning Ordinance No. 1891 of the City of Miami Beach is hereby
amended by the creation of new Section 27, Adult Congregate Living Facilities to read as
follows:
SECTION 27
ADULT CONGREGATE LIVING FACILITIES
27-1 Purpose: The purpose of this Section is to provide mandatory requirements and review
criteria to be used in reviewing conditional use applications for Adult Congregate
Living Facilities.
27-2 Mandatory Requirements - Adult Congregate Living Facilities shall be subject to the
following mandatory requirements:
A. For fire safety reasons, these facilities shall be located in structures of no more
15
than four stories in height.
B. Facilities shall not be located on bayfront or oceanfront properties. Oceanfront
includes property on the west side of Ocean Drive and Ocean Terrace.
C. Facilities shall not be located along the following tourist or commercially
oriented streets: Ocean Drive, Collins Avenue, Ocean Terrace, Indian Creek
Drive, 41st Street, Lincoln Road and Washington Avenue.
D. ACLF facilities in the City of Miami Beach will not exceed 2,000 residents
subject to review based upon any substantial population characteristic changes
revealed by the next U.S. Census, but in any event said review shall take place
every ten (10) years.
27-3 Review Criteria - Adult Congregate Living Facilities shall be in substantial
compliance with the following review criteria as determined by the Planning Board and
City Commission:
A. Smaller scale (6-16 residents) are encouraged in order to provide a non-
institutional environment.
B. The City should encourage equal distribution of facilities serving various income
gro ups.
C. Facilities located in newly constructed buildings should be encouraged.
D. The location of facilities should be compatible with the City's Comprehensive
Plan and all other adopted special area plans.
E. Facilities shall be aesthetically compatible with the surrounding neighborhood
and adjacent properties.
F. Facilities should not be encouraged to be located on waterfront properties.
G. Facilities should be encouraged to provide social, recreational, dining, and
landscaping amenities.
H. In order to encourage geographic distribution, facilities should not be located
within 1,500 feet from another facility.
I. Facilities should be compatible with the elderly population characteristics of its
surrounding neighborhood.
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SECTION 13: REPEALER. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 14: 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
any 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 15: EFFECTIVE DATE
This ordinance shall take effect ten days after adoption, on June 25, 1983.
PASSED and ADOPTED this 15th day of June, 1983.
.-0, r. .f",---'
MAYOR
ATTEST:
_.0•0&421: . >4 .41 .410,0)
CITY CLERK
RWP:SAY:rg
FORM
5/4/83 LPGA .. I." a:. t .
X5/9/83 61 ., 13
X6/17/83y
#K. 6-e2 9--e. 3
1st reading on May 17, 1983
2nd reading on June 15, 1983 (as amended)
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