Resolution 11751-
RESOLUTION NO. 11751
WHEREAS the City Council of the City of Miami Beach, Florida
is considering amending Ordinance No. 289, commonly known as the
"Zoning Ordinance of Miami Beach, Florida", so as to revise the
definition of "STORY" in Section 1 thereof so that the same shall
read as follows:
"STORY: that portion of a building included
between the upper surface of any floor and
the upper surface of the floor next above,
except that the top-most story shall be that
portion of a building included between the
upper surface of the top-most floor and the
ceiling or roof above. If the finished floor
level directly above a basement is more than
six (6) feet above grade, or if the finished
floor level directly above a basement used
only for automobile parking is more than
twelve (12) feet above grade, such basement
shall be considered as a story. "
and,
WHEREAS the City Council is considering amending Section
13-A USE REGULATIONS, "Cabana and Swimming-pool" District of
said ordinance so that the same shall read as follows:
"In the "Cabana and Swimming-pool District"
no building or land shall be used, and no
building shall hereafter be erected, con-
structed, reconstructed, or structurally
altered, which is designed, arranged or in-
tended to be used or occupied for any purpose,
except for one or more of the following uses:
1. Cabanas.
2. Swimming-pools and appurtenances.
3. Dining Terraces.
Provided that such buildings shall not exceed
one story in height, nor in any event shall
the height of such building be in excess of
twenty-four (24) feet above mean low water,
and no canvas or other temporary construction
shall be permitted on the roofs of such
buildings. "
and,
WHEREAS the City Council is considering amending Section
13-B, USE REGULATIONS, "Two-Story Cabana District" of said
ordinance so that the same shall read as follows:
"In the "Two-Story Cabana District" no build-
ing or land shall be used and no building
shall hereafter be erected, constructed,
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
reconstructed or structurally altered which
is designed, arranged or intended to be used
for any purpose, except for one or more of
the following uses:
1. Cabanas.
2. Swimming-pools and appurtenances.
3. Dining Terraces.
4. Parks owned and operated by the
City of Miami Beach.
Provided that cabanas shall not exceed two
stories in height nor in any event shall the
height of any cabana be in excess of thirty-
four (34) feet above mean low water, and pro-
vided that no building or structure, other
than cabanas, shall exceed one story in height
and in no event shall the height of such
building or structure, other than cabanas, be
in excess of twenty-four (24) feet above mean
low water, and no canvas or other temporary
construction shall be permitted on the roof
of any building. "
and,
WHEREAS the City Council is considering amending Section 15
of said ordinance by adding a new paragraph thereto, to be
numbered and to read as follows:
"12. In all Use Districts hereinabove desig-
nated, no machinery or devices for the
operation of any mechanical or electri-
cal system will be permitted below
grade. "
and,
WHEREAS the City Council is considering amending Section
16-C, HEIGHT REGULATIONS, Height District No. 2 of said ordinance
so that the paragraph preceding sub-paragraph (a) shall read as
follows:
"In Height District No. 2 no building shall
be erected, constructed, reconstructed or
structurally altered in excess of fourteen
(14) stories in height or in excess of one
hundred sixty-six (166) feet in height above
grade, . . . "
and that the paragraph immediately following sub-paragraph (b)
shall be amended so that the last sentence thereof, beginning
with the words, "Provided, however, that the roof area. . . " shall
conclude with the clause reading as follows:
"and the height limit of one hundred sixty-six
(166) feet in height above grade shall be
adhered to. "
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OFFICE OF CITY ATTORNEY 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
and,
WHEREAS the City Council is considering amending Section
16-C, HEIGHT REGULATIONS, Height District No. 3 of said ordinance
so that the second paragraph following sub-paragraph (b) shall
read as follows:
"Further provided, however, that in no event
shall the maximum height of the building, ex-
clusive of any appurtenances thereto permitted
under the Building Code, or other applicable
section of this ordinance, exceed a height of
fourteen (14) stories, exclusive of the roof
apartment units specified in Height District
No. 2, or one hundred sixty-six (166) feet in
height above grade. "
and,
WHEREAS the City Council is considering amending Section
16-C, HEIGHT REGULATIONS, Height District No. 4 of said ordinance
so that the first paragraph thereof shall read as follows:
"In Height District No. 4, no building shall
be erected, constructed, reconstructed or
structurally altered in excess of fourteen
(14) stories or in excess of one hundred
sixty-six (166) feet above grade, . . . "
and,
WHEREAS the City Council is considering amending Section
16-C, HEIGHT REGULATIONS, Height District No. 5 of said ordinance
so that the first paragraph thereof shall read as follows:
"In Height District No. 5, no building shall
be erected, constructed, reconstructed or
structurally altered in excess of eight (8)
stories in height or in excess of ninety-six
(96) feet in height above grade, and shall
conform to all of the requirements set forth
in other sections of this ordinance, and
shall comply with all the requirements of the
Building Code of the City of Miami Beach,
Florida . . . Provided, further, however, that
notwithstanding anything herein contained,
hospitals may be erected and constructed to a
maximum height of fourteen (14) stories, or
one hundred and sixty-six (166) feet above
grade, exclusive of the additions authorized
hereby not exceeding twenty (20) feet in
height. "
and,
WHEREAS the City Council is considering amending Section
17 (3) (h) of said ordinance so that the same shall read as follows:
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
"That in multiple-family and business dis-
tricts on lots which abut on the ocean,
accessory buildings such as cabanas, swimming
pools and appurtenances, dining terraces,
etc. , may be constructed in the yard which
abuts the ocean; provided that no such build-
ing shall encroach on the side yard areas;
and provided further that such buildings
shall not exceed one (1) story nor in any
event shall the height of such building be in
excess of twenty-four (24) feet above mean
low water. No canvas or other temporary con-
struction shall be permitted on the roofs of
buildings erected in a yard area under these
provisions. "
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA that a public hearing be and the
same is hereby called to be held on the 16th day of March, 1966,
at 3:00 P. M. in the Council Chambers, City Hall, Miami Beach,
Florida, for the consideration of said amendments.
BE IT FURTHER RESOLVED that the City Clerk be and he is
hereby directed to give fifteen (15) days notice of the time,
place and object of said hearing by public notice thereof,
published in the Miami Beach Daily Sun, a newspaper of general
circulation in said City.
PASSED and ADOPTED this 16th day of February, 1966.
I ,
Mayor
Attest:
City Jerk
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OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139
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