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Ordinance 84-2406 ORDINANCE NO: 84-2406 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR AN AMENDMENT TO SECTION 3-2 CREATING A DEFINITION OF "EROSION CONTROL LINE" AND AMENDING THE DEFINITION FOR "BEACHFRONT PARK AND PROMENADE", "CABANA", "EROSION CONTROL LINE", "SIDEWALK CAFE", AND "PROMENADE LINKAGE"; PROVIDING FOR AN AMENDMENT TO SECTION 4-3 ESTABLISHING THE EROSION CONTROL LINE AS A DISTRICT BOUNDARY LINE ALONG THE OCEAN; ELIMINATING THE INCREASED LAND AREA FROM BEING INCLUDED IN ANY ZONING CALCULATION EXCEPT AS PROVIDED FOR ON THE DUNE OVERLAY ZONE; ESTABLISHING A DUNE OVERLAY ZONE FOR LAND AREA BOUNDED BY THE ESTABLISHED BULKHEAD LINE, THE EROSION CONTROL LINE, AND NORTHERN AND SOUTHERN CITY LIMITS, AMENDING SECTION 6-5, SECTION 6-6, SECTION 6-7, SECTION 6-11, SECTION 6-12, SECTION 6-16 TO ELIMINATE BEACH COMMERCIAL AND COMMERCIAL AQUARIUM AS CONDITIONAL USES AND AMENDING ACCESSORY USES IN SAID DISTRICT WHEN SAME ARE LOCATED BETWEEN THE ESTABLISHED BULKHEAD LINE AND EROSION CONTROL LINE; PROVIDING FOR THE ESTABLISHMENT OF A NEW SECTION 29 DUNE OVERLAY REGULATIONS TO REGULATE USES LOCATED BETWEEN THE ESTABLISHED BULKHEAD LINE AND THE EROSION CONTROL LINE; AMENDING SECTION 8-1, B-11 PROVIDING FOR CABANAS AS AN ALLOWABLE ENCROACHMENT IN THE REQUIRED YARD AND ALLOWING FOR ACCESSORY STRUCTURES NOT TO BE PART OF A MAIN BUILDING; AMENDING SECTION 8-6 PROVIDING FOR THE LOCATION OF CERTAIN BEACH RELATED USES IN THE REQUIRED REAR YARD; REQUIRING THAT CERTAIN SITES AND STRUCTURES IN THE DUNE OVERLAY AND OCEANFRONT 50 FOOT REAR BULKHEAD SETBACK BE APPROVED BY A DESIGN REVIEW BOARD AND OCEANFRONT MANAGEMENT REVIEW BOARD; PROVIDING FOR AMENDMENTS TO SECTION 9 REMOVING CERTAIN AREAS FROM PARKING DISTRICTS NO. 1 AND 2 AND PLACING SAME IN A NEW PARKING DISTRICT ENTITLED PARKING DISTRICT NO. 3; PROVIDING FOR AN AMENDMENT TO SECTION 9 ESTABLISHING PARKING REQUIREMENTS FOR CABANAS; PROVIDING FOR AN AMENDMENT TO SECTION 11 CREATING SUBSECTION 11-2 I ESTABLISHING REGULATIONS FOR SIGNS ERECTED IN THE DUNE OVERLAY; PROVIDING FOR AN AMENDMENT TO SECTION 21 CREATING AND DESIGNATING OVERLAY ZONES, DENSITIES AND DISTRICTS ON THE CITY'S OFFICIAL ZONING MAP; 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, FLORIDA: SECTION 1: That Section 3, Subsection 3-2 of Ordinance No. 1891 of the City of Miami Beach is hereby amended to read as follows: SECTION 3. DEFINITION 3-2 Terms Defined BEACHFRONT PARK AND PROMENADE A revegetation program including beach recreation structures which are primarily constructed of wood and located on the dune. It is designed to permit the passage of pedestrians over and across the dune in such a manner as to protect and stabilize the dune, vegetation, and natural beach. 1 CABANA AR aeeesseFy 141,1444}Ag A structure used as a bathhouse or a shelter tR eeaaeet+ea directly associated with a swimming pool or deck OF beaelh-. COMPREHENSIVE PLAN The document adopted by the City Commission pursuant to the Local Government Comprehensive Planning Act of 1975 (Chapter 163, Florida Statutes), presenting the principles, guidelines, and standards for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the City. EROSION CONTROL LINE (ECL) It is the line determined in accordance with the provisions of Florida Statutes 161.041 - 161.211 which represents the landward extent of the claims of the state in its capacity as sovereign titleholder of the submerged bottoms and shores of the Atlantic Ocean, Bays, Lagoons, and other tidal reaches thereof on the date of the recording of the survey as authorized in Statute 161.181. SIDEWALK CAFE A use associated with a restaurant that has exterior table service which is not attached or adjacent to the main structure and where prepared food and/or beverages is delivered to and/or placed on warming and/or cooling facilities for consumption on the premises. It is characterized by shade structures limited to covered porches, canvas, umbrellas, wood trellises, wood gazebos, or chickees which are predominently open on all sides and in which tables and chairs are either wholly or partially placed under. PROMENADE LINKAGE A structure constructed of wood which functions as a stairway or ramp connecting the upland property to the Beachfront Park and Promenade. Said structure shall conform to the design specifications for the Beachfront Park and Promenade and shall be located at points previously established by the Planning Department. All such structures shall conform to the requirements of the Department of Natural Resources, Division of Beaches. SECTION 2: That Section 4 of Ordinance No. 1891 of the City of Miami Beach is hereby amended to read as follows: SECTION 4 4-3 Interpretation of District Boundaries A. A district name or symbol shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter- number combination extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or symbol is shown or indicated, except as otherwise provided by this section. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Ordinance, the following rules apply: 2 1. In cases where a boundary line is given a position within a street alley, easement, canal, navigable or non-navigable stream, it will be deemed to be in the center of the right-of-way of the street, alley, easement, canal, or stream, and if the actual location of such street, alley, easement, canal, or stream varies slightly from the location as shown on the district map, then the actual location controls. 2. The boundary line adjacent to Biscayne Bay OF the AtlaRti€ ©seaR is the established bulkhead line. eF, where theFe is Re established bulkhead 44-Rey the beuRdaFy 44-Re is the mean high wateF 44-Rey 3. The boundary line adjacent to the Atlantic Ocean is the Erosion Control Line as determined in accordance with Florida Statutes. Except as provided in Section 29, the area of land between the established Bulkhead Line and the Erosion Control Line shall not be used in any computation for purposes of determining compliance with the Miami Beach Zoning Ordinance. Therefore, the established bulkhead line shall be the official line of demarkation for computing standards for uses and structures located west of the said line. Structures located east of the established bulkhead line and extending to the Erosion Control Line shall be considered similar to an accessory use to the upland property and allowed only pursuant to the provisions of Section 29 Dune Overlay Regulations. 4. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries will be construed to be the lot lines, and where bounded approximately by lot lines, the lot lines will be construed to be the boundary of such districts unless the boundaries are otherwise indicated on the map or by ordinance. 5. 4. If a parcel of property is crossed by a zoning district boundary and thus lies in two zoning districts, the district boundary shall be treated as if it were a lot line separating the two separately zoning parcels. 6. The east boundary line of the Dune Overlay Zone shall be the Erosion Control Line as established by the appropriate regulatory agencies and the west boundary line shall be the established Bulkhead Line. The north and south boundary line shall be the City limits. 3 SECTION 3: That Section 6, Subsection 6-5, 6-6, 6-7, 6-11, 6-12, 6-15, and 6-16 of Ordinance No. 1891 of the City of Miami Beach is hereby amended to read as follows: SECTION 6 6-5 RM-60 MULTIPLE FAMILY MEDIUM DENSITY 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 permitted uses: 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. 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. ET Bea€hT eemr leF€ia4 c. Camp, day or boarding. d. Church, synagogue and temple. e. College, junior college, or institution of higher learning. f. Day Nursery. g. Institution, educational or philanthropic, including museum and art gallery. h. Marine dockage. i. Municipal dockage. j. Private club. k. Public and governmental buildings and uses. 1. Publicly owned and operated recreation facility, playground, playfield, park and beach. 4 m. Public utilities or public service uses, structures and appurtenances. n. School, elementary or high, having a curriculum substantially equivalent to public schools of comparable grades and having approval of the State Department of Education. o. Storage parking lots. p. Temporary use for a period not to exceed 15 days. 6-6 RM-100 MULTIPLE FAMILY MEDIUM HIGH DENSITY 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 permitted uses: 6. 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. aTb. A914a4dr . eer r eFetal. s. 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. d.s. Beaeb, eermmeFe4a1. e. c. Bus terminal. h d. Camp, day or boarding. g. e. Church, synagogue and temple. t�. f. College, junior college, or institution of higher learning. & Day nursery. +. h. Institution, educational or philanthropic, including museum and art gallery. 5 k. i. Marina. h Marine dockage. mw k. Municipal buildings and uses. R-. 1. Private club. e. m. Public and governmental buildings and uses. p. n. Publicly owned and operated recreation facility, playground, playfield, park and beach. q, o. Public utilities or public service uses, structures and appurtenances. F.P• 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.21 Temporary use for a period not to exceed 15 days. 7. Accessory use for above uses. a. Any accessory use in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 29 Dune Overlay Regulations. 6-7 RM-125 MULTIPLE FAMILY HIGH DENSITY 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 permitted uses: 8. 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. aria.. Aquar-tdrm; eerIrmeFEfal-. e. 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. 6 rM d.e. Bea€117 eemrfaeFeia4y e. c. Bus terminal. €. d. Camp, day or boarding. g. e. Church, synagogue and temple. b. f. College, junior college, or institution of higher learning. & Day nursery. j-. h. Institution, educational or philanthropic, including museum and art gallery. k. i. Marina. 4y it Marine dockage. m. k. Municipal buildings and uses. a. 1. Private club. e. m. Public and governmental buildings and uses. p. n. Publicly owned and operated recreation facility, playground, playfield, park and beach. q. o. Public utilities or public service uses, structures and appurtenances. p_ Storage parking lots. s.21 Temporary use for a period not to exceed 15 days. 9. Accessory use for above uses. a. Any accessory use in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 29 Dune Overlay Regulations. 6-11 C-4 BUSINESS 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 permitted uses. Permitted 7 • uses that sell, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 28. 5. The following 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. b, Agda4dreT cernrfleFetal•. b. e, 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. Ely Beaetaes, eer1meFeial-. c. e. Bus terminals. d. f, Colleges, junior colleges, or institutions of high learning. e. g, Filling station. f. b, Institution, educational or philanthropic, including museum and art gallery. g -. Marina. h. j. Municipal buildings and uses. i. k, Private club. L Storage parking lots. k. 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. 1. A, Temporary use for a period not to exceed 15 days. 6. Accessory uses for above uses. 8 r a. Any acessory use in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 29 Dune Overlay Regulations. 6-12 C-5 GENERAL BUSINESS 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 permitted uses. Permitted uses that sell, serve or otherwise distribute alcoholic beverages in this district shall comply with the standards and regulations found in Section 28. 23. The following uses may be permitted as conditional uses: a. Adult congregate living facilities subject to mandatory requirements and review criteria set forth in Section 27, Adult Congregate Living Facilities. 13. AquaFilarm3 ser r eF€iaf-. b. ET 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. HT Beaetaes3 GerflrfieFeial. c. eT Bus terminals. d. fT Colleges, junior colleges, or institutions of high learning. e. gT Filling stations. f. hT Institution, educational or philanthropic, including museum and art gallery. g_ZT Municipal buildings and uses. h. j-. Private club. i. IST Storage parking lots. L 4T Undertaking establishment or funeral home. 9 k. mT Temporary use for a period not to exceed 15 days. 24. Accessory uses for above uses. a. Any accessory in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 29 Dune Overlay Regulations. 6-16 MU MUNICIPAL USE DISTRICT B. USES PERMITTED. The specific use shall be determined in accordance with the City's Comprehensive Plan and under the regulations set forth for Conditional Uses. No land, water, air or structure may be used in whole or in part, except for one or more of the following uses but not limited to: 1. Publicly owned and operated recreational facility, playground, playfield, park and beach. 2. Public and governmental buildings, services and uses such as governmental office, police headquarter, fire station, library, museum, and auditorium. 3. Municipal parking areas, parking structure, vehicle and equipment storage maintenance and service areas. 4. Public utilities or public service structures or appurtenances. 5. Any use similar to those listed above and in accordance with the Development Plan for the specific area under consideration. 6. Accessory Uses for the above uses. a. Any accessory use in the area located between the established Bulkhead Line and the Erosion Control Line shall be in accordance with Section 29 Dune Overlay Regulations. SECTION 4: That Section 29 of Ordinance No. 1891 of the City of Miami Beach is hereby created to read as follows: SECTION 29: DUNE OVERLAY REGULATIONS 29-1. LOCATION. These regulations shall apply to all uses and structures located east of the established Bulkhead Line, west of the Erosion Control Line and by the City boundary line to the north and south. 10 • 29.2 PURPOSE. These regulations are designed to accommodate and promote recreational, open space and related uses between the established Bulkhead Line and the Erosion Control Line. Detailed review of all use and structures are required because this area functions as a transitional zone between the intensely developed uplands and the dune and beach. It accommodates uses and structures which are compatible and supportive of the Beachfront Park System and the natural beach environment. 29.3 COMPLIANCE WITH REGULATIONS A. As specified in Section 23, Design Review Regulations applications for a building permit shall be reviewed and approved by the Design Review Board. B. All applications for an Occupational License, including new, renewal or change of license, shall be reviewed and approved by the Oceanfront Management Review Board (Section 29.13). C. All structures shall comply with all other local, state, and federal regulations governing such uses including but not limited to Chapter 161, Florida Statutes and Chapter 16B - 33, Florida Administrative Code. Notwithstanding these requirements, the applicant may receive a City of Miami Beach Building Permit or Occupational License prior to receiving approvals pursuant to the above referenced statutes. 29.4 USES AND STRUCTURES PERMITTED. Uses and structures permitted under this Section shall be designed to accommodate and channel pedestrian movement in such a manner as to protect and enhance vegetation and the beach. No land or structure shall be used, in whole or in part, except for one or more of the following permitted uses: A. Shade structures and chickees shall be open on all sides and, with the exception of supporting columns, have an unobstructed, clear space between the edge of the roof covering and finished floor of not more than eight (8) feet. B. Decks and patios constructed of wood materials with or without "built in" tables, chairs, lighting, and benches. All structures shall be located a minimum of 10 feet west of the Erosion Control Line. C. Drainage Structures as per the requirements of the Public Works Department and applicable regulations of the County, State, and Federal agencies. D. Promenade linkage shall be constructed of wood materials and shall conform to the design specifications established in the Beachfront 11 Park and Promenade. Sites having less than 300 linear feet of oceanfront frontage shall be limited to one (1) dune crossing and/or promenade linkage. Sites having more than 300 linear feet of oceanfront frontage shall be permitted one (1) crossing or linkage per each additional 100 linear feet of frontage or part thereof. In no instance, however, shall the total aggregate number of crossings and linkages exceed four (4) sites. E. Portable beach furniture such as chaise lounges, chairs, and • umbrellas. In no instance shall said furniture be stored east of the bulkhead line. F. Walkways and ramps constructed of wood materials and are not more than six (6) feet in width. G. Landscaping conforming to the specifications of the Beachfront Park and Promenade. H. Sidewalk cafes shall only be permitted when directly associated with an adjoining upland hotel or apartment-hotel having a minimum of one hundred (100) sleeping units. No other commercial use shall be permitted. 29.5 MINIMUM OPEN SPACE REQUIREMENTS: At least eighty (80) percent of the site shall remain open to the sky and landscaped. All areas covered by the uses permitted above, other than portable beach furniture, shall be considered in the lot coverage calculation. 29.6 MAXIMUM FLOOR AREA: No single structure shall have a floor area exceeding 350 square feet. 29.7 SPACING OF CHICKEES, SHADE STRUCTURES AND OUTDOOR CAFES: There shall be a minimum of 25 feet from a chickee, shade structure, or sidewalk cafe to another such structure. Distance shall be measured from the closest points of each structure. One structure shall be permitted for every 300 feet of oceanfrontage; however, nothing herein shall prohibit the clustering of structures meeting the minimum 25 foot spacing restriction nor prohibit the location of at least one structure per building site. 29.8 MINIMUM LOT AREA: All applications for a building permit shall provide a landscape and development plan for the entire site. For purposes of this Section, the site shall constitute all of the area within the lot lines. 12 29.9 MINIMUM YARDS: A. 0 feet adjacent to any bulkhead line. B. 15 feet adjacent to any side property line, municipal park, street end, or right-of-way. C. 10 feet from the erosion control line when any structure has an elevation of 3 feet or less than the elevation of the top of the dune; plus 2'/2 feet; otherwise 15 feet. 29.10 FINISHED FLOOR ELEVATION: Shall have a maximum height of 2'/z feet above the dune. Notwithstanding the above limit, the Planning Department shall determine the maximum permitted elevation for structures based upon existing site conditions, the proposed construction, the dune and relationship between all structures. 29.11 MAXIMUM BUILDING HEIGHT: One story or 12 feet; whichever is greater. Notwithstanding the above limit, the Planning Department shall determine the maximum permitted elevation for structures based upon existing site conditions, the proposed construction, the dune and relationship between all structures. 29.12 MAXIMUM DENSITY: 0 29.13 OCEANFRONT MANAGEMENT REVIEW BOARD. Said Board is hereby created and impowered to review all applications whether new, renewal or change of licensee, for an Occupational License and building permit with regard to item listed in Section 6-19, L. The Board shall be governed by the following procedures. A. Composition - The Board shall be composed of five (5) regular members. The City's Planning Director and Public Works Director shall serve as ex-officio members and shall provide written recommendations on all applications considered by the Board. The City Attorney shall determine if the application is properly before the Board. Four (4) members shall be appointed by the City Manager. Each of the members shall have a principle residence on a lot which abuts the Dune Overlay Zone or have their primary source of income from employment in any hotel having 100 or more sleeping units which directly abuts the Dune Overlay Zone. Two (2) of the four (4) members shall have their principle residence in a structure abutting the Dune Overlay. The remaining two (2) of the four (4) members shall have their primary source of income from employment in any hotel having 100 or more sleeping rooms directly abutting the Dune Overlay Zone. 13 The remaining fifth member shall be approved by a majority vote of the above four (4) members; said member shall be selected from a list prepared by the City Manager. The fifth member must have a principle residence in the City of Miami Beach. B. Term of Office - The term of service on the Board shall be two (2) years. C. Removal - Removal of members shall be by the City Manager and • only for cause. Failure to attend three (3) consecutive meetings shall be considered cause for removal. D. Quorum and Voting - A quorum shall be four (4) members. A majority vote of the Board shall determine the Board's findings. E. Meetings - The Board shall meet within a reasonable time upon receipt of an application at the call of the Chairperson or the Planning Director. All meetings shall be open to the public and shall be conducted in accordance with the rules and regulations adopted by the Board. F. Organization - The Chairperson and Vice-Chairperson shall be elected from the membership of the Board by a majority vote. The Department of Planning shall provide the necessary staff to assist the Board in the performance of its duties. G. Conflict of Interest - A member of the Board may not vote on an application if it involves the members own property or property owned by members of his or her family or current business associates either individually or of a company. Any Board member is prohibited from conducting business with any applicant for as long as the Board member remains on the Board and one (1) year thereafter. Failure to comply with this requirement will result in the automatic removal of all approvals received by the applicant. All other state, county, and municipal laws governing the ethical conduct of public officials shall appy to members of the Board. 1. During the review and consideration of any application, approval of said application shall not be unreasonably withheld. 2. In order to deny an application, the Board shall provide cause for said denial. H. Clarification Hearing - Should a question arise as to compliance with the conditions as outlined by the Board, a clarification hearing before 14 the Board may be called by any City department, the applicant, or any aggrieved party. I. Fees - In order to defray the costs of administering the application process, the Board shall assess a $50.00 fee. If a deferment or clarification hearing is requested by the applicant, one-half of the application fee shall be assessed. If a deferment or clarification of conditions are requested by the Board, there will be no additional fee. If the applicant removes his file from the agenda after it has been accepted by the Planning Department, the City shall retain 50% of the application fee. J. Appeal - The applicant or any City Department having jurisdiction may appeal a decision regarding any or all revisions and/or modifications to the Planning Board. The appeal shall be in writing and submitted to the Planning Director who shall place the request on the Planning Board Agenda. In order for the Planning Board to reverse a decision or condition of the Oceanfront Management Review Board, an appealing party shall receive a minimum of seven (7) votes in their favor. An appeal from the Planning Board shall be submitted to the court of appropriate jurisdiction. L. MANAGEMENT PLAN. Said Plan shall be submitted to the Management Review Board as part of the application for use approval. The plan at a minimum shall include the background of the operator, proposed use and management procedures that will govern the operation of the use, garbage collection, hours of operation and maintenance plans to insure the site and structures shall be professionally maintained throughout the life of the use of the structure, whether active or inactive. The Board may require additional requirements all of which shall be required as part of the issuance of an Occupational License. SECTION 5: That Section 8, subsection 8-1, B-11 of the City of Miami Beach is hereby amended to read as follows: SECTION 8. SUPPLEMENTAL YARD, AREA, HEIGHT AND BULK REGULATIONS 8-1 Supplementary Yard Regulations B. ALLOWABLE ENCROACHMENTS 11. Hot Tubs, Showers, Whirlpools, Toilet Facilities, Swimming Pool Equipment, Decks, Cabanas, are structures which are not required to be connected to the main building but feeated w+tk+R a btii44 Rg wbi.eb is Ret paFt of the math b1.44dfRg may be constructed in a required rear yard, provided such bdf}diRg structures do not occupy more than 30% 15 • of the area of the required rear yard and provided it is not located closer than 7Y2 feet to a rear or interior side lot line. Free standing, unenclosed facilities including surrounding paved or deck areas shall adhere to the same setback requirements feF as enclosed facilities. SECTION 6: That Section 8, subsection 8-6 of Ordinance No. 1891 of the City of Miami Beach is hereby amended to read as follows: SECTION 8. SUPPLEMENTAL YARD, AREA, HEIGHT AND BULK REGULATIONS 8-6 Oceanfront PFepe4ttes Lots-Mirdtmem YaFds For purposes of this section, the term Oceanfront Lot shall mean all lots, in whole or in part, whose district boundary includes the established Bulkhead Line. Land located between the Erosion Control Line and the established Bulkhead Line are not included in this definition. A. All Oceanfront lots shall have a minimum required rear yard setback of 50 feet measured from the bulkhead, in which there shall Ret be alp( exeavatieR, eF no construction of any dwelling, hotel, motel, apartment building, commercial building, seawall revetment or other structure incidental to or related to such structure +REfdd+Rg bet Ret f}r fted to sdekl aeeesseFy stFdstdFes of fasces as a patfe, swtmmiRg peel-, eabaRa, eF gaFagey except in accordance with the following provisions: 1. All structures, applicants for any occupational license, or building permit, whether new or renewal applications, and uses shall be approved by the Design Review Board. 2. Permitted uses are limited to the following: shade structures, sidewalk cafes, swimming pools, cabanas, hot tubs, showers, whirlpools, toilet facilities, swimming pool equipment, decks, patios, and court games when said games require no fences. 3. There shall be a minimum required 15 foot setback from any side lot line and a minimum required 10 foot setback from the bulkhead line. 4. The maximum height of any structure, shall not exceed one story or twelve feet, whichever is greater. 5. The finished floor elevation of decks, patios, platforms, or any other structure shall have a maximum height of 2Y2 feet above the top of the dune. 6. The maximum floor area shall be 400 square feet for any structure. 16 7. Lot Coverage - at least 50% of the required rear yard setback is to be open to the sky and landscaped. All areas covered by permitted uses, other than portable beach furniture, shall be considered in the lot coverage calculation. 8. View Corridor - A minimum of 50% of the required rear yard setback shall represent an open and unencumbered view, apart from landscaping and decorative open picket type fences, from the Erosion Control Line to the Rear Setback Line. 9. Comply with Chapter 161 of Florida Statutes and any governmental agencies having jurisdiction. 10. The required rear yard setback area shall not be used for off-street parking. I�. When a bulkhead 1lRe has been established SQ feet OF mere landward of the mean high water lFRet the restrictions as stated above shall alse apply to the area between the bulkhead llRe and the mean high water line-. SECTION 7: That Section 9, subsection 9-1 be amended and that subsection 9-2 be provided for in Ordinance No. 1891 of the City of Miami Beach to read as follows: SECTION 9. PARKING REGULATIONS 9-1 Parking Districts Established. For the purpose of establishing off-street parking requirements, the City of Miami Beach shall be divided into twe three parking districts: A. Parking District No. 1: Parking District No. 1 is that area of the City of Miami Beach, Florida, not included in Parking District No. 2 or in Parking District No. 3. B. Parking District No. 2: Parking District No. 2 is that area lR the Elty of Miami Beach-, Pio ida net encompassed by a lige drawn as follows+ includes the following area: Commencing at the north side of 44th Street and the east side of Collins Avenue extended at point of beginning; thence run westerly along the north side of 44th Street to the east bank of Indian Creek; thence run northerly along the east bank of Indian Creek to the south side of 63rd Street; thence run easterly along the south side of 63rd Street to the east side of Collins Avenue; thence run northerly along the east side of Collins Avenue to the south side of 69th Street; thence run easterly along the south side of 69th 17 Street extended to the established kaFbeF 1+Re tR the At4aRtie Oeeaa bulkhead line; thence run southerly along the established haFbeF 1-i a to the At4ahtie Oeeaa bulkhead line to the north side of 44th Street extended; thence run westerly along the north side of 44th Street to the point of beginning. C. Parking District No. 3: Parking District No. 3 is that area of Miami Beach, Florida bounded by the established Bulkhead Line and the Erosion Control Line extended to the northern and southern boundary of the City. 9-2 Off-Street Parking Required Except as otherwise provided in this Ordinance, when any building or structure is erected or structurally altered, accessory off-street spaces shall be provided for lthe building, structure, or additional floor area as follows: 17. Accessory Uses. Parking requirements for permitted accessory uses in an apartment building, apartment-hotel, hotel, motel, or motor lodge and containing 100 or more dwelling units and/or sleeping units, shall be provided as follows: a. One space per 600 square feet of retail, personal services, and/or office floor space, utilized as rental space. b. One space per 10 seats of total, combined seating capacity in public eating and drinking facilities and assembly and meeting rooms for the first 1,000 seats; except where ninety percent (90%) or more of any dining space solely and exclusively by the registered guests or tenants of such establishment. One space per 18 seats of such seating capacity in excess of 1,000 seats. c. One space per five (5) boat berths. d. One space per two cabanas. 9-2,C Parking District No. 3 - There shall be no off-street parking required for any permitted use in this district. 9-2,D Exemptions to Required Parking - Any permitted use located within 50 feet of an oceanfront bulkhead line Shall have no parking requirement; except for those uses and structures permitted by the Board of Adjustment. In these cases, said uses and structures shall provide parking spaces as required in this section. 18 SECTION 8: That Section 11, subsection 11-2 be amended by the addition of the following provision: SECTION 11. SIGNS 11-2,I SIGNS ERECTED PURSUANT TO DUNE OVERLAY REGULATIONS All signs shall be approved by the Design Review Board pursuant to Section 23 of their regulations. However, one sign shall be permitted per site or Promenade linkage; whichever is greater. Said sign is required to have copy only pertaining to the street address, name and function of the Use with each sign(s) having a maximum size not to exceed six (6) square feet. SECTION 9: That Section 21, subsection 21-1 of Zoning Ordinance No. 1891 is hereby created to read as follows: SECTION 21 MAPS 24-1 Maps 21-1 Designation of Zoning Districts, MF Districts, overlay zones on the Official Zoning Map. The Official Zoning Map shall €e44ewfag plates indicate the location of zoning districts, MF Districts, and Overlay Zones thFeegheet the Cfty, The below tables explain the symbols used for each distr€t aad the designation: r axi•r irri densities peFmitted, 19 r A. 24-2 Explanation of Zoning District Symbols Zoning Districts Symbol Use Density (U/A) RS-1 Single Family Residential 1.452 RS-2 Single Family Residential 2.42 RS-3 Single Family Residential 4.356 RS-4 Single Family Residential 7.26 RM-14 Multiple Family Low Density 14 RM-24 Multiple Family Medium Low Density 24 RM-60 Multiple Family Medium Density 60 RM-100 Multiple Family Medium High Density 100 RM-125 Multiple Family High Density 125 PUD Planned Unit Development Res. District As Specified C-1 Neighborhood Business 60 C-2 General Office 100 C-3 Central Business 125 C-4 Business 125 C-5 General Business 100 C-6 Intensive Commercial 0 RH Hospital District 0 MR Marine Recreational 0 MU Municipal Use 0 PUD Planned Unit Development 50 HM Hotel-Motel 220 CCC Convention Center District As Specified MD-I Marine District 0 MD-II Marine District 0 NH Nursing Home District As Specified All city-owned properties are zoned MU although they may not be designated on the map. B. Explanation of MF Districts MF Districts Symbol Location MF-1 Ocean Front MF-2 Ocean Front MF-3 Ocean Front MF-4 Ocean Front MF-5 Bay or Waterway MF-6 Bay or Waterway MF-7 Bay or Waterway MF-8 Bay or Waterway MF-9 Interior MF-10 Interior MF-11 Interior C. Explanation of Overlay Zones and Districts. Symbol Explanation HP Historic Preservation District DO Dune Overlay 20 0 SECTION 10: INCLUSION IN THE ZONING ORDINANCE It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 11: REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 12: SEVERABILITY. If any section, sub-section, 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 13: EFFECTIVE DATE This Ordinance shall take effect 10 days after the establishment of a Design Review Board. PASSED and ADOPTED this 4th day of April , 1984. MAY R ATTEST: CITY CLERK 1st Reading - December 21, 1983 2nd Reading - April 4, 1984 RW P/JK/rg X12/7/82 X12/23/82 X3/31/83 X4/18/83 FORM APPROVED X5/17/83 (� X7/28/83 8y.1EGAL DEPARTMENT X9/27/83 X11/08/83 DATE:X12/13/83 X1/31/84 21 r I W�! •^ I HI I I CID a) I ..- u) O a) 3J bO 0 G a) E _ -0 0 0 I O .{• -0 E 0 E ,- I r--I I a) 0 OD f.' 0 •r1 a) r1 0• 0 a) 0 ^ a - 4r-1) cd O 0 $.4 -I 0 •r1 Hra r-1 O co) a) 0 •^ a) }a 4-1 0 Ol •r1 b0 a r-I bO 0 'cd 3J .0 }-i '" bD 41 0 .3 •r1 a) 0 cd rl '0 W 0 }-I 3J .fl 011 }a 0 0 0 . a) 0 'd co) 0 A 3J a a) cd u) cd cd 4.3 .0 > .o a) r1 0 a a 3 cd 0 4J 0 cd •d N E •r1 0 9r1 0 4 4 4-1 0 x W a) cd O cd cd a) 0 a ,--1 ''d •r1 •^ U cr) ›, a 0 cd ca - a) O -0 a) tO 0 O bO'0 •ri O u) U cd H r-1 -d a) 0 •ri a a) ro •^ 0 0 a) H .0 0 ,0 a) a cn :•3 0 +1 u) .0 0 bp a) 0 0 1-1 4r1 M cd O a) 0 a) P a) 0 4-1 U cd .i: a) a) b0..s~ I }-I 4J 4J 0 cd 0 •H 3-) �- 0 a 0 •r1 cd 1-4 I H u 0 a) C •1-1 P 3 4 0 cd a) u) H o0 4J 0 'd 0 d 0 b.10 a J r 31 CJ •r1 'd O 'd r-I .t ) cd r- a) a -1 0 > up H ^ a) rd W •r1 }-1 •rl O co, u) O a) O O 0 0 0 -0 >~ I 0 044 0 ,,- O a) ,03 04 cd A O •r1 v::, {y 3.1 •r1 r-I 4- r1 1-I P '> }d }-I }a •r-1 '0 o a) cd •r1 d' O a) 31 a) }a }3 r0 •r 1 3-1 -d U r-1 r-1 r-I 0 0 U r1 O 04 +1 OD''d 4-1 O 4H O 4-1 U a) a 3J 00 N a H a 0 11 cd O .-40 U a) o O I 0 •rl ..fl rl 4-1 cd ('+ 0 0 0 !-1 (+ 4I cd H }-I 'd U) '0 r-7 cd 0 N a 0 0 3J CID cd b0.>~ 0 cd $- O U m }3 cd 0 3J +1 O 4-1 cd cd a cd CO r-i a-1 O O a) a) d • a) •ri O a1 H O H O 4J 0 3J 3J re) W +1 3J }a O u) u) O -d a) a a) b0 ca a 4r1 4-1 al 3.1 Z 0 D 0 4a 7:1 •J C.) 0 3J O o •r1 A co 0 '0 CO CO CO 3J a) 0 a) 0 0 u ca u o a) 3J 0 H u H Z •rl N a) 0 O O 0 H1 'd 0 0 C1) 0 •• S~ 0 •r4 a) 0 E 0 O a) a) O O •ri }a '0 0 b0 cd a) C7 W '0 0 O 0 }.+ a) .J cd a) O O cd O N cd '0 O .0 4-1 a) O E 3J a) '0 cd 0 a! 0 N HI H C.,-1 0 H P O a 0 0 W N a) r� 1-1 U U U) 3J 4 4r1 0 •r1 -d .o -0 •r1 cd •r1 0 I a) LYi C.) a) O cd = LH •r1 - 10 O (1) cd P 60 4 0 I 1-1 cd Ti 4 4r1 cd 3-1 u) 0) 0 0 > i" 3J r0 cd r-I O 4. 4 4-1 a) .0 0 0 0 0 a) O 0 3J O vDcd O •r1 3J O H H 0 -^ ( 4C0 •r1 N U •ri H U) Q a) bO 0 U O -o a) •r1 )a 0 4-1 •r1 •r1 coy •r 1 0 cd O ..O 0 0 }a G' U Hca 4r1 > }-I G' Z, }-I 1:10 0 4r1 0 HI 0 0 0 1-1 U cd 4 u1 U •ri cn O •1-1 cd bD a) W r-i •-1 >, 0 -d a dJ -0 }-1 O O 0 00 H a 0 •rl 1-1 a) W 0 cd O O -d u) .o 0 ^ }-1 3J a) u) 31 a) a) r-1 cd cd .+73.4 -^ }i 0 + a 4-I 1 } O •r1 A a •rl 44 Pa •ri •r1 0 a •ri }a r-I a) }.I•r1 0 a) o ca }a 3 a) I 31 1-1 3-1 cd 'd a) cd w a •r1 u1 cd H .- u) }a • 0 '0 ^ ^ 0 •r1 -d rd W d •r1 pa }a 1 ' r-i ' 3 P a) 3.1 .q a) 0 1-I U •r 1 b0 3J . , 0 0 •r1 a) 0 - - cd 00 a) •ri 41 a) D, a) 31 a) a) cn .0 cd r-, 'd •^ 0 U }-I • > }a P HI RI a) P 'd 4 'd > cd 'd a) .O O O co a) a) cd o j O bO M rl u) O a) O U 3J O 0 4a P W 0 3.1 a) O 3J 0 4 e03 U U a) -.n '0 4 ,-1 '0 r-1.' 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