Loading...
Resolution 3652 RESOLUTION NO. 3652 WHEREAS, the rit,y Touncil of the City of N."iami Beach, Florida, upon its own initiative will consider the amending, supplementing, changing, modifying and/or repeal- ing of the regulations, restrictions , and/or boundaries as provided in Ordinance No. 289, commonly known as the Zoning Ordinance of Niami Beach, Florida, as hereinafter set forth to-wit: That Sections 1, 15, 16 and 17 of Ordinance No. 289 of the City Council of said City of Miami Beach be amended to include the following: SECTION 1 Add definition of Barbecue Stands after Apartment Hotel to read as follows: BARBECUE STANDS: Any establishment serving foods where provisions are made for customers to drive across the curbs or sidewalks and receive service in automobiles or other similar vehicles, and/or establishments where meats are prepared outside of an enclosed building. Revise existing definitions to read as follows : COURT: An open, unoccupied, unobstructed space on the same lot as a building. COURT, OUTER: A court extending to a street or alley. SET-BACK: The minimum horizontal distance between the street line and the front line of the building or any projection, except as provided for in Section 17. YARD, FRONT: An area between the front property line ( either street or bulkhead of any waterway) and the front line of any main or accessory building, measured at its least dimension and extending from one side yard to the other, unoccupied, except as provided for in Section 17. YARD, REAR: An area extending across the full width of the lot between the rear line of any main or accessory building and the rear line of the lot and measured at its least dimension, unoccupied except as provided for in Section 17. YARD, SIDE: An area between a main or accessory building and the side line of the lot and extending from the street line to the rear yard, measured at its least dimension unoccupied except as provided for in Section 17. SECTION 15 In all Use Districts, hereinbefore designated, every building here- after erected, constructed, reconstructed or structurally altered shall provide a lot area and/or a floor area per family of not less than the following: ( 1) "RAA" Estate District 40,000 sq. ft. lot area per family. ( 2) "RA" Estate District 30, 000 sq. ft. lot area per family. (3) "RB" Estate District 18,000 sq. ft. lot area per family. (4) "RC" Estate District 10,000 sq. ft. lot area per family. (5) "RD" Single Family District 6,000 sq. ft. lot area per family. (6) "RDD" Modified Single Family District 6, 000 sq. ft. of lot area per family for single Family dwellings. SECTION 1.5 ( cont 'c.) No such dwelling shall have less than four hundred (400) sq. ft. of floor space. 5, 000 sq. ft. of lot area per family for two-family dwellings. No such dwelling shall have less then four hundred (4)0) sq. ft. of floor area for each family unit . (7) "RE" Multiple Family District. a. Single-family dwellings shall provide twenty-eight hundred (2800) sq. ft. of lot area per family. No such dwelling shall have less than four hundred (400) sq. ft. of floor area. b. Two-family dwellings shall provide sixteen hundred (1600) sq. ft. of lot area per family and there shall in no case be less than ten ( 1 0) ft. between buildings . No such dwelling shall have less than four hundred (400) sq. ft. of floor area for each family unit. c. Multiple-family dwellings shall provide a floor area of not less than four hundred. (400) sq. ft. within the limiting walls of any family unit. d. Bungalow or House Courts shall provide a minimurnof not less than twenty-eight hundred (2800) sq. ft. of lot area per family and there shall in no case be less than ten (10) ft. between buildings . No unit shall provide less than four hundred (400) sq. ft. of floor area. There shall be an outer court with a minimum _width of ten ( 10) ft. and a minimum area of not less than thirty (30) per cent of the gross lot area, so arranged as to provide ingress and egress to and from all units. (8) "BAAA" , "BAA, "BA, "BB, "BC" , "BD", "BE" , "BF", and "BG" Business Districts . a. In all business districts, buildings erected for dwellings purposes shall comply with the lot area and floor area per family regulations Prescribed for the "RE" Multiple-family Districts . b. There shall be a five (5) ft. side yard provided adjacent to living quarters, beginning twenty (20) ft. from the front lot line and extending to the rear of the lot. c. There buildings for business occupancy are set back from interior lot lines, such set-back shall in no case be less than twenty-eight (28) inches and it shall be continuous on at least one end to a street or alley. SECTION 16 Revise DISTRICT No. 19 to read: DISTRICT No. 19 There shall be a rear yard. having a depth of not less than five (5) ft. provided, however on a lot whose rear abutts on a street, waterway or alley, no rear yard will be required, and provided further that where any building is to be constructed allowing no rear yard, adequate _orovidions shall be made within the building for the storage and handling of garbage cans and refuse. Lots zoned for business uses which adjoin lots zoned for residential uses shall provide a five (5) ft. side yard on the side adjoining the residential lot. SECTION 17 General Provisions (1) AREA RESTRICTIONS a,. In the "RAA", "RA" , "RB", "RC" AND "RD" Single-family Districts and the "RDD" Modified Single-family District, accessory buildings shall not occupy in the aggregate more than thirty (30) per cent of the maximum yard area. b. Lot areas or dimensians shall not be so reduced or diminish- ed that the yards or open spaces shall be smaller than those iorovided by this ordinance, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the District in which the building is located. SECTION 17 (cont'd) General Provisions (1) AREA RESTRICTIONS c.Tinless otherwise provided for no dock, wharf or other structure shall be extended or built in Biscayne Bay or Indian Creek a distance greater than fifteen (15) ft. from the bulkhead line nor a distance greater than three (3) ft. into any other waterway within the City of Miami Beach. d. This ordinance shall not be construed to prevent the con- struction of a building on any lot of record at the time of passage of this ordinance, notwith standing that such lot may have a lesser area than is required in the 2articular area district in which it is situated. e. In the "RAA", "RA", "RB", "RC" and "RD" Single-family Districts, "RDD" Modified Single-family District and in the "RE" Multiple-family District, no accessory building shall be constructed, except concurrently with or subsequent to the construction of the main building. (2) WALLS AND FENCES a.in the "RAA" and "RA" Estate Districts, walls may be erected, constructed, reconstructed or structurally altered, provided however, that such wall or walls shall not exceed ten (10) ft. in height above grade. b. In the "RB" and "RC" Estate Districts, walls may be erected, constructed, recon. tructed or structurally altered, provided however, that such wall or walls shall not exceed six (6) ft. in height above grade. c. In the "RD" Single-family Districts and the "RDD" Modified Single-family District, walls may be erected, constructed, re-constructed or structurally altered, provided however, that such walls shall not exceed five (5) ft. in height above grade. d. In the area bounded on the North by the South line of Lot "A" INDIAN BEACH CORPORATION SUBDIVISION as recorded in Plat Book 8 on Page 61 of the Public Records of Dade County, Florida, on the South by the South lines of FISHER' S FIRST SUBDIVISION OF ALTON BEACH as recorded in Plat Book 2 on Page 77 of the Public Records of Dade County, Florida, on the Test by Collins Avenue and on the East by the Atlantic Ocean, walls may be erected, constructed, reconstructed or structurally altered, provided however, that such walls shall not exceed. seven (7 ) ft. in height above grade. e. In all other districts, except as otherwise specified, walls shall not exceed five (5) ft. in heiht above grade. f. A wall may extend from a building or other wall to a lot line in front. rear or side yard, provided that it does not exceed in height, the restriction for that district and provided further, that there shall be a minimum open- ing of three (3) ft. provided in such wall or walls for access through the side yards . Openings as required above may have operative gates , not exceeding in height that allowed for walls in that district, except as follows: g. Ornamental entrances, fountains, rotisseries, flower-bins and similar architectural features, exceeding the wall height restrictions will be permitted, provided: That no such feature shall exceed in height, the wall height restriction for that district plus three feet and shall in no case exceed ten (10) ft. in height above grade. That no such feature shall exceed in width, exclusive of supporting wall, one-half CO the wall height restriction for that district. That no such feature shall exceed in length at grade, the wall height restriction for that district, plus ten (10) ft. That no such feature shall exceed in length at the allowed wall height, the specified height, plus five (5) ft. That there shall be only one such feature in any front, side or rear yard, except that on lots seventy-five (75) ft. or more in width, there may be two entrance gates. That there shall be at least ten (10) ft. between any such feature and any part of any building on the same lot, measured at right angles from the feature. SECTION 17 (dont 'd) General Provisions (2) WALLS AND FENCES That such features shall not restrict Passage through front, rear or side yards to less than twenty-eight (28) inches in any place. (3) PROJECTIONS INTO YARD AREAS a. Chimneys may project into side and rear yards a distance not to exceed. twenty-four (24) inches, provided that a clear space of not less than twenty-eight (28) inches is left between such projection and the lot line adjacent. The horizontal dimension of the chimney at right angles to the projection shall not e::ceed six (6) ft . b. No stens or platforms over thirty-six (36) inches in height above grade shall extend. into side, rear or front yards. Steps or platforms not exceeding thirty-six (36 ) inches in height may be railed, provided that such railing shall not exceed in height above grade, that specified for walls in that district and further, that there shall be a clear, unobstructed passage of not less than twenty-eight ( 28) inches between such projection °end the lot line adjacent. Plat- forms or terraces not exceeding thirty-six (36) inches in height may extend across side and. rear yards, provided that there shall be remps or stepa at least thirty-six (36) inches wide on opposite sides to provide unobstructed passage over such projections. c. Area-ways, steps to basements and similar features will be permitted in side and rear yards, provided. that no part of such feature shall exceed in height, thirty-six ( 36) inches above grade and that the projection shall not exceed twenty- four (2.4) inches and provided further that there shall be a clear, unobstructed passage of not less than twenty-eight (28) inches between such feature and the lot line adjacent. Steps, extending not more than four (4) ft. from the main building and. not more than thirty-six (36) inches in height above grade, leading to the basement or ground floor may be constructed in the side yard on the street side of a corner lot. d. Open-type, metal fire-escapes may project forty-eight (48) inches into side and. rear yard areas, provided that the bottom run shall be counter-balanced. and that when the bottom nun is up there shall be at least nine (9) ft. of clear head-room below it. The bottom run shall be adjacent to the building and shall be so arranged that when down, there shall be at least twenty-eight (28) inches of clear unobstructed passage between it and the lot line adjacent. e. No main walls of any building shall encroach on the yard areas, but architectural features such as canopies, open balconies , corices, eaves, etc, , may project into side and rear yards not more then twenty-four (24) inches and there shall be not less than seven (7) ft. of clear headroom under any such projecti"n. Similar features may project not over forty-eight (48) inches into front yards, provided that there shall be a minimum of eight (8) ft. of clear headroom' under any such projection. f. Open terraces projecting into front yards shall not exceed in height, two ( 2) ft. above grade and the tailing of such terrace shall in no case be more than three (3) ft. above the terrace. Where necessary to provide access through the side yard, terraces shall be provided with steps or ramps and gates, not less than thirty-six (36) inches in width. g. On lots fifty (50) ft. or less , in width, a porte-cochere . which is not more than eighteen (18) ft. in length may project over any side or rear yard, provided, however, that such porte-cochere does not exceed one (1) story in height, that the supporting columns shall not exceed two ( 2) ft. in any cross-section dimension and that it shall be open, full width both front and rear. NOW, THEREFORE, BE IT RESOLVED, that a public hearing be ( lled for the 16th day of September, 1936 at 10:00 Oclock A. M. , for the purpose as above set forth, and. BE IT FURTHER RESOLVED, that notice of the time, place, and object of such hearing be published as is provided by said Ordinance No. 289. PASSED AND ADOPTED this 19th day of A gust, A.D. , 1936. • Pres ent of City Council Pro-tem ATTEST: City Clerk (SEAL) N A � t!1 0 " m M 40+3 • 0 rla) ro • g'l a)N 0 z f� rd g tH z . aa) .0i 0 EA 0 0 0 it-IH 4.1 cd40 VI PG p UN •