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83-17543 RESOLUTION NO: 83-17543 A RESOLUTION OF THE MIAMI BEACH CITY COMMISSION CALLING A PUBLIC HEARING TO CONSIDER THE RECOMMENDATION OF THE PLANNING BOARD OF THE CITY OF MIAMI BEACH FOR THE ADOPTION OF AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1891 BY PROVIDING FOR THE ESTABLISHMENT OF DUNE OVERLAY REGULATIONS APPLICABLE TO ALL LANDS BETWEEN THE EST ABLISHED BULKHEAD LINE AND EROSION CONTROL LINE; PROVIDING FOR CERTAIN USES AND STRUCTURES IN THE DUNE OVERLA Y ZONE; PROVIDING FOR CER T AIN ALLOW ABLE ENCROACHMENTS IN THE REQUIRED FIFTY FOOT REAR YARD BULKHEAD SETBACK AREA FOR ALL PROPERTIES HERETOFORE CONSIDERED TO BE OCEANFRONT WHEN SUCH PROPERTIES HAVE AN ESTABLISHED BULKHEAD LINE; PROVIDING FOR THE CREATION OF AN OCEANFRONT MANAGEMENT REVIEW BOARD AND REQUIRING THAT CERTAIN TYPES OF DEVELOPMENT AND USES BE APPROVED BY SAID BOARD AND THE WATER WAY DESIGN AND DEVELOPMENT REVIEW COMMISSION; AND PROVIDNG FOR PARKING REGULATIONS. WHEREAS, the Planning Board of the City of Miami Beach, after a public hearing on September 27, 1983, recommended to the City Commission that the Dune Overlay Regulations be incorporated into the Zoning Ordinance as approved and recommended by said Board, said Ordinance being entitled as follows: 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"; AMENDING SECTION 4-1 DISTRICTS ESTABLISHED TO INCLUDE DUNE OVERLAY (DO) REGULATIONS; PROVIDING FOR AN AMENDMENT TO SECTION 4-3 ESTABLISHING THE EROSION CONTROL LINE AS A DISTRICT BOUNDARY LINE ALONG THE OCEAN; HOWEVER, ELIMINATING THE INCREASED LAND AREA FROM BEING INCLUDED IN ANY ZONING CALCULATION, 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 EST ABLISHED BULKHEAD LINE AND THE EROSION CONTROL LINE; AMENDING SECTION 8-1, B-11 PROVIDING FOR CABANAS AS AN ALLOW ABLE 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; 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 AND DISTRICTS ON THE CITY'S OFFICIAL ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning Board held a hearing on September 27, 1983 and unanimously recommended that the City Commission adopt the zoning amendment; AND WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 16, Changes and Amendments, of Zoning Ordinance No. 1891. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the proposed ordinance as recommended by the Planning Board, is hereby called to be held in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 3:30 p.m., on the 21stday of December , 1983, and that the City Clerk is hereby authorized and directed to publish appropriate public notice of said public hearing in a newspaper of general circulation in the City of Miami Beach, at which time all interested parties will be heard. PASSED and ADOPTED this 9th day of November ,1983. //40 Q~ MAYOR . =:::::::> ATTEST: ~~~N..{..~ CITY CLER RWP!SAY!rg FORJJ APPROVED -~ BY.~"'iff:):'>';i '. DATE:- 107 (viet;;