98-3108 ORD
ORDINANCE NO. 98-3108
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by:
1. AMENDING SECTION 3, ENTITLED "DEFINITIONS', AMENDING
SUBSECTION 3-2, ENTITLED "TERMS DEFINED", BY MODIFYING THE
DEFINITIONS FOR FLOOR AREA, OFF-STREET PARKING SPACE, PARKING
LOT, AND STRUCTURE, AND CREATING NEW DEFINITIONS FOR DRIVE,
PARKING AISLE, PARKING GARAGE, AND TANDEM PARKING SPACE;
2. AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" AMENDING SUBSECTION 6-5, ENTITLED "RESIDENTIAL
SETBACK REQUIREMENTS - RM-l,2,3" BY REMOVING TEXT
REFERENCING SECTION 6-25,B.14.b. WHICH IS NO LONGER APPLICABLE;
3. AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS" AMENDING SUBSECTION 6-25, ENTITLED
"SUPPLEMENTARY YARD REGULATIONS" BY REMOVING REFERENCE
TO PARKING LOTS AND GARAGES IN 6-25,B.14, PROVIDING FOR THEIR
MOVEMENT TO DESIGN STANDARDS SUBSECTION 7-5;
4. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-1, ENTITLED "GENERAL PROVISIONS AND
PARKING DISTRICTS ESTABLISHED" BY CREATING PARKING DISTRICTS
NO. 3 AND NO. 4 WHICH INCLUDE PROPERTIES ALONG ARTHUR
GODFREY ROAD AND 71ST STREET, RESPECTIVELY, AND BY
CLARIFYING THE OFF STREET PARKING EXEMPTION FOR EXISTING
BUILDINGS IN HISTORIC DISTRICTS OR INDIVIDUALL Y DESIGNATED
BUILDINGS;
5. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-2, ENTITLED "OFF-STREET PARKING
REQUIRED" BY MODIFYING THE PARKING REQUIREMENT FOR OFFICES
LOCATED ON THE GROUND FLOOR, AND BY MODIFYING THE PARKING
REQUIREMENTS FOR USES WITHIN PARKING DISTRICTS NO.2, NO.3 AND
NO.4, AND BY PROHIBITING THE REMOVAL OF EXISTING REQUIRED
PARKING SP ACES EXCEPT FOR COMPLIANCE WITH ADA
REQUIREMENTS OR DUMPSTER ENCLOSURE REQUIREMENTS;
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6. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-3, ENTITLED "OFF-SITE FACILITIES" BY
DECREASING THE MAXIMUM ALLOWED DISTANCE FROM 1200' TO 500'
BETWEEN A MAIN USE AND ACCESSORY PARKING ON A
NONCONTIGUOUS LOT CITYWIDE, EXCEPT IN THE MIAMI BEACH
ARCHITECTURAL DISTRICT OR LOTS OPERATED ON A VALET BASIS;
7. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-5, ENTITLED "DESIGN STANDARDS" BY ,
CLARIFYING SPECIFICATIONS FOR STANDARD OFF-STREET PARKING
SP ACES AND STANDARD PARALLEL PARKING SPACES, REMOVING
REFERENCE TO V ALET PARKING FROM THIS SECTION, ADDING
REGULATIONS FOR COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES AND AT-GRADE PARKING LOTS AS MAIN USES, ALLOWING
TEMPORARY PARKING LOTS WITHIN ALL COMMERCIAL DISTRICTS,
ADDING THE C-PS 1 AND C-PS2 AND R-PS 1, 2 AND 3 DISTRICTS AS
POSSIBLE LOCATIONS FOR PROVISIONAL PARKING LOTS, AND ADDING
THE REQUIREMENT OF A STATEMENT FROM THE OWNER OF SITE OF A
PROVISIONAL PARKING LOT RELATIVE TO POSSIBLE CONTAMINATION
OF THE SITE;
8. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-7, ENTITLED "PARKING IMPACT FEE
PROGRAM" BY ELIMINATING THE SUBSTITUTION OF AN IMP ACT FEE
FOR NEW CONSTRUCTION AND ALLOWING FOR THE PAYMENT OF THE
PARKING IMP ACT FEE FOR NEW CONSTRUCTION IN HISTORIC
DISTRICTS REHABILITATIONS WITHIN EXISTING STRUCTURES THAT
RESUL T IN AN INCREASED PARKING DEMAND, NEW CONSTRUCTION
OR ADDITIONS OF LESS THAN 1,000 SQUARE FEET AND THE CREATION
OR EXPANSION OF OUTDOOR CAFES; ESTABLISHING A FLAT, ONE-TIME
PARKING IMP ACT FEE OF $15,000 PER SPACE FOR NEW CONSTRUCTION,
ESTABLISHING THE YEARLY PAYMENT FOR EXISTING STRUCTURES TO
4% OF THE ONE-TIME FEE, ELIMINATION OF THE ALLOWANCE FOR
UNLIMITED REMOV AL OF PARKING SP ACES WITHIN THE
ARCHITECTURAL DISTRICT OR A LOCAL HISTORIC DISTRICT WHICH
RECEIVED A BUILDING PERMIT PRIOR TO OCTOBER 1, 1993 , AND
ADDING ALLOWANCE FOR PARKING IMP ACT FEE FOR THE REMOVAL
OF PARKING SPACES;
9. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-9, ENTITLED "SURPLUS AND UNDER-
UTILIZED PARKING SPACES" BY STIPULATING THAT IF THE LEASED
SP ACES ARE ON A LOT NONCONTIGUOUS WITH THE DEVELOPMENT
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LEASING THE SPACES, THEY MUST BE WITHIN 500 FEET OF THAT
DEVELOPMENT OR WITHIN 1,200 FEET OF THAT DEVELOPMENT WITHIN
THE ARCHITECTURAL DISTRICT;
10. AMENDING SECTION 7 ENTITLED "PARKING REGULATIONS"
AMENDING SUBSECTION 7-11, ENTITLED "VALET PARKING" BY
CLARIFYING THOSE USES THAT MAY SUBSTITUTE VALET PARKING
FOR SELF-PARKING, ADDING DESIGN CRITERIA AND REGULATIONS
FOR VALET AND TANDEM PARKING SPACES;
11. AMENDING SECTION 8 ENTITLED "LANDSCAPE STANDARDS"
AMENDING SUBSECTION 8-6, ENTITLED "LANDSCAPE CRITERIA" BY
CLARIFYING PERIMETER BARRIER HEIGHT REQUIREMENTS, AND
SPECIFYING LANDSCAPING FOR LOTS OF 55' IN WIDTH OR LESS;
12. AMENDING SECTION 13 ENTITLED "NONCONFORMING
STRUCTURES AND USES" AMENDING SUBSECTION 13-5, ENTITLED
"DESTRUCTION, REPAIR, AND/OR RENOVATION OF NONCONFORMING
BUILDINGS AND USES" BY ADDING TEXT CORRESPONDING TO
CHANGE IN DISTANCE SEPARATION FOR NONCONTIGUOUS
ACCESSORY PARKING LOTS WITHIN THE CITY AND THE MIAMI BEACH
ARCHITECTURAL DISTRICT;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to amend Zoning Ordinance No. 89-2665 to
address insufficient parking throughout the City, to insure that new parking facilities are design in
an efficient and attractive manner, and to revise those provisions of the Zoning Ordinance which do
not further the forgoing goals, and
WHEREAS, the amendments set forth below are necessary to ensure all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions"
of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
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3-2 TERMS DEFINED
A. For the Purpose of this Ordinance, certain terms and words are hereby defined.
* * *
66.5. DRIVE: The area which connects a Parking Aisle in a Parking Lot or Parking
Garage either to a Street. alley or another Parking Aisle: or which serves as
the approach to the Off-Street Parking Space(s) or Parking Garage for a
Single Family Residence or Townhome.
* * *
80. FLOOR AREA: The sum of the gross horizontal areas of the floors of a
Building or Buildings, measured from the Exterior faces of Exterior walls or
from the Exterior face of an architectural projection, from the centerline of
walls separating two attached Buildings.
However, the Floor Area of a Building shall not include the following unless
otherwise provided for in this Ordinance.
a. Accessory water tanks or cooling towers.
b. Uncovered steps.
c. Attic space, whether or not a floor actually has been laid, providing
structural headroom of less than seven feet, six inches.
d. Terraces, breezeways, or open porches.
e. Floor space used for required accessory Off-Street Parking Spaces;
however. up to a maximum of 2 spaces per residential unit may be
provided without being included in the calculation of the Floor Area
Ratio. IIo'vvc"(ef ifthe ptlfkifig gtlfage ill the maifi permitted Ulle, thefi
the Floor Area of the p8:rkifig le'.elll Ilhall be ifieluded in. the
caleulatiofi elf the Floor Area Ratio.
L. Commercial Parking Garages and non-Commercial Parking Garages
when such Structures are the main Use on a Site.
gf. Mechanical equipment rooms located above main roof deck.
hg. Exterior unenclosed private Balconies.
ih. Floor Area located below Grade; however, if the ceiling is above
Grade, 1/2 of the Floor Area that is below Grade shall be included in
the FAR Floor Area Ratio calculation.
ki-. Enclosed garbage rooms, enclosed within the Building on the Ground
Floor level.
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Volumetric Buildings, used for storage, where there are no interior floors, the
Floor Area shall be calculated as if there was a floor for every eight (8) feet
of height.
When Transfer of Development Rights are involved, see Section 6-29.C for
additional regulations that address Floor Area.
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148.5. PARKING AISLE: The area to the rear of Off-Street Parking Spaces
utilized for maneuvering of motor vehicles in a Parking Lot or
Parking Garage.
148.6. PARKING GARAGE: A substantially enclosed structure used for the
parking of motor vehicles.
149. PARKING LOT: A 3urfa:ee An at-grade. level area or DuildiRg used
for the parking of motor vehicles.
* * *
153. PARKING SPACE, OFF-STREET: An all weather :mrfaeed area, not
in a Street or Alley, vihieh affords egress by ltli all ".veather 3urfa:eed
dri'ie\Vay for ltli automobile "iiithout requiriRg another automobile to
be IDo"fcd. that is maintained for the parking of one motor vehicle.
153.5. PARKING SPACE. TANDEM: An area. not in a Street or Alley.
maintained for the stacked parking of two motor vehicles.
* * *
201. STRUCTURE: Anything constructed or erected, the Use of which
requires permanent location on the ground. Among other things,
Structures include Buildings, walls, fences, Parking Garages. Parking
Lots. Signs and screen enclosures.
* * *
SECTION 2. That Subsection 6-5, entitled "Residential Setback Requirements - RM-l,2,3" of
Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 ofthe City of
Miami Beach, Florida is hereby amended as follows:
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6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-l,2,3
1. Front 2. Side, Interior 3. Side,Facing a Street 4. Rear
A. At Grade 20' 5', or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -5
parking Lot on whichever is greater. whichever is greater. feet
the same Lot. Oceanfront Lots - 50 fect
L6t~ 55 n. .. ide from Bulkhead Line.
61 le~s. l.~ Jlel
8eefltttt-
6 25,8.14.11.
B. Subterranean 20' 5', or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -0
whichever is greater. (0' whichever is greater. feet
if Lot Width is 50' or Oceanfront Lots - 50 feet
less) from Bulkhead Line.
e. Pedestal 20 feet Sum ofthe Side Yards Sum ofthe Side Yards Non-oceanfront Lots -10%
shall equal 16% of Lot shall equal 16% of Lot of Lot Depth.
Except lots A and 1-30 of the Width. Width. Oceanfront Lots - 20% of
Amended Plat Indian Beach Min.- 7.5' or 8% of Lot Min.- 7.5' or 8% of Lot Lot Depth, 50 feet from the
Corporation Subdivision and lots Width, whichevcr is Width, whichever is Bulkhead Line whichever
231-237 of the Amended Plat of greater. greater. is greater.
First Ocean Front Subdivision -
50 feet.
D. Tower 20' + I' for every I' increase in The required Pedestal Sum ofthe Side Yards Non-oceanfront Lots -15%
height above 50', to a maximum setback plus .10 ofthe shall equal 16% of the of Lot Depth.
of 50', then shall remain constant. height of the Towcr Lot Width. Oceanfront Lots - 25% of
portion of the building. Min.-7.5' or 8% of Lot Lot Depth, 75' minimum
Except lots A and 1-30 of the The total required Width, whichever is from the Bulkhead Line
Amended Plat Indian Beach setback shall not to greater. whichever is greater.
Corporation Subdivision and lots exceed 50 feet.
231-237 of the Amended Plat of
First Ocean Front Subdivision -
50 feet.
E. In the RM -1, Residential District, the ground floor level of a building when viewed from a
street shall be screened or enclosed. The method of screening or enclosure shall be approved
under the Design Review process.
F. See Subsection 6-2.1 for residential setback requirements in the RM-PRD District.
SECTION 3. That Subsection 6-25, entitled "Supplementary Yard Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby deleted as follows:
* * *
6-25 SUPPLEMENTARY YARD REGULATIONS
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*
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B. Allowable Encroachments
* * *
14. Parking Carages and At Cradc pfifking Lots (induding th03C operft1:ed on a 'v'alet
basis) When a main Use, pfifking Garages ftfid At Crade Parkiftg Lots shtl:ll hfrVe
the follo'Niftg sctbaek:'!:
a. Pfifkiftg Cfifagc
(1) from ftfid side facing a Street
10 feet; 0 feet for the cntirc Stmcture if retail on the ground floor v.ith
storcfroftt wiftdo';y's.
(2) irtterior sidc and rear
ifin a Covernmcnt Use (CU), Ciyie aftd Convcfttion Center (CCC),
Residemial or Mixed Use Enterttl:imncnt District, 5% of Lot Width,
not to cxceed 20 feet, othervvisc thc regulations as set f-orth in thc
district in 'v'vhich the Usc is located.
(3) /~lley (supcrcedes above)
if abutting a Single Family district 10 feet. 1ft all other instanecs in
v;hieh there is not access to thc parkiftg Structure from the /Jky, 0
fcet. 5 feet iftherc is aceess to the parking Structure from thc Alley.
b. At Crade; parking Lots shall havc the follo'Ning se;tback:'! (See Section 6 5,
Afr""
(1) Lots \vhich fife 55 feet widc or less shall hfr'v'c thc follo\.ing
dc-.dopmem rcgulft1:ions; tllld parking stalls fife pe;nnitted to mea:mrc
8.5 f-eet by 16 feet:
(a) Required setback:'!
i) Front: 900 Parking 10 feet; Angled parking eaeh
corncr of thc lot shall have a landscapcd fifca thft1: is
formed by an iS03ccles triftfigk thft1: has a basc of ft1:
least 19.5 feet.
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ii)
ReM: Vii thin 15 fect of the rear lot line there 3hall b
t"'6 I a a ' C
vv an 3cape Mca3 each ha'v'ing an Mea of at least
200 3q. ft.
iii)
Sides: two (2) feet on cadi side.
(b)
A .
~ 1 perImeter Viall or dense hedge of at least 3 5 feet' h' ft
IS requir d n.ft .' In Clg t
he, ex~ept vv ele t\\'o ParkIng Lots Me adjacent to
cae: other \fl t d'"
. " n groun IfflgatlOn system that eo-."ers 1 00%
of the Itmdseaped 8.re8.S shall be pro'vided. Therc shall b t
least t vVO (2) !tmd3CttJ'!cd i3ltmds vv'ith each hft"v'ing a:n area ~ OaO
3q: ft. at fi p01ftt approximately 50% of the Lot deptl A
drt' 'e~ ft H b 'to " 1eeess
v 3 a e 8:S per Section '7 5 D
, .
~ L<lt Widlh
I Side YM<l ,etbaek>
tr1 bet'1v'ecn 56 and 100 feet 5 feet
E31 between 101 a:nd 150 feet 10 fcet
t41 greatcr thafi 151 fcct 15 f'Cet
e.
The required Front and RCM Yards shall be as foHovv's:
Resi~ential Di3triets: 20 feet in the requircd Front Yard d 5
fcet 1ft the required Rea v d H' 8.n
f; t' h . l' ~ 8.r ; a other dIstricts 3h8:ll be 10
ee In t e reqUIrcd Front fIDd 5 feet in the required Rear Y 8.rd.
See Seetion 8 for la:ndsettpe d .
7 .:;: n 4:' ..l . afi opefi 3raee reqUIremefits find Seetiofi
:;j, t::>I' ter ~@Slbn standards. ..
(5)
d.
All PMking Lots ftfid gttl'ftg .o} ~ 'I .
d' . es, vv 1m a v fim Pe:rmitted Use: in a Eoning
Istnct, shall be revic'vved under the De3ign R ..' ...
f; tlt. S . e vIe vv process as sct
0:.. .~~ ectlOn 18. ~Then they afe a Conditional U 3C, they 3hall be
revlevved by the Plannmg Board as set forth in Section 17.
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c. Fm put'f'03e3 of determiftiftg the maXimUftl 3ize of the gMage, the
Floor Area Ratio 3hall equal the maximum FAR as set f{)rth ift the
uftdcrlying zoning district pro (iding that thc gtlYflgC project meets at
a miftimum a total of 0.50 in de3igft boftu3c3 a3 li3ted in Scction 6 24.
Whcn Commcrcial U3C3 fife located Oft thc ground floor, thi3 Flom
Area 3hall not be ineluded in the floor Arca Ratio caleulation. If thc
highe3t level of a gMttgC i3 opeft to thc 3ky, thcft that level 3hall ftot be
ineludcd in thc Flom 1\rea Ratio calculation.
f. Commercial U3C3 Me only pcrmittcd \-"{heft a project i3 located in a
Mixed U3e Entcrtaifllllcnt (MXE), Govcrnment U3e (CU), Cmwention
Ccftter (CCC) or Commcrcial Di3triet. Vi7ficft loeated ift the3e di3triet3
thc garage shall contaift rctail U 3e3 loeated aloftg the emire lcftgth of
a public Strect, cxelucliftg efttmnce aftd exit drivc3 aftd floor Arca of
other U3e3 that faeilitttte thc opertttioft of the gfifagc. CMagc3 that arc
built 30lely viith public fund3 ft1tty be cxcmpt from thi3 requiremeftt if
meeting the fcquircment v,>ould affect the tax excmpt 3tatU3 of the
pfOj eet.
g. Height limit a3 3Ct forth in the di3triet in v.hieh the project i3 located.
h. At Cradc Parkiftg Lot3, wheft Em Aeee3:mry U 3e either located undcr
a Duildiftg or othef\vi3c 3hall comply viith the 3etbacks a3 3et forth ift
Seetioft 6 5.A.
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SECTION 4. That Subsection 7-1, entitled "General Provisions and Parking Districts Established"
of Section 7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami
Beach, Florida is hereby amended as follows:
7-1 GENERAL PROVISIONS AND PARKING DISTRICTS ESTABLISHED
For the purposes of establishing Off-Street Parking requirements, the City of Miami Beach
shall be divided into two parking districts.
A. Parking District No. I - Parking District No. I is that area not included in Parking
District~ No~. 2. 3 and 4.
B. Parking District No.2 - Parking District No.2 includes those properties with a Lot
Line on Lincoln Road from the west side of W ashington Avenue to the east side of
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Alton Road and those properties north of Lincoln Road and south of Seventeenth
Street from the west side of Washington Avenue to the east side of Lenox Court.
C. Parkin!; District No.3 - Parkin!; District No.3 includes those properties with a Lot
Line on Arthur Godfrey Road from the east side of Alton Road to west side of Indian
Creek Waterway.
D. Parking District No.4 - Parking District No.4 includes those properties. within the
CD-2 and CD-3 commercial districts with a Lot Line on 71st Street from the west
side of Collins Avenue to the east side of Rue Notre Dame. and those properties with
a Lot Line on Normandy Drive from the west side of the Indian Creek Waterway to
the east side of Rue Notre Dame.
E.G. There shall be no Off-Street Parking requirement for Main or Accessory Uses
associated with e.:xisting Buildings that existed prior to October L 1993. which are
ill located within the Miami Beach Architectural District 6f:-ili). a Contributing
Building within a Local Historic District or. (iii) individually designated Historic
Building. This provision shall not apply to renovations and new additions to existing
Buildings which create or add floor area and to new construction which has a parking
requirement.
* * *
SECTION 5. That Subsection 7-2, entitled "Off-Street Parking Required"of Section 7, entitled
"Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
7-2 OFF-STREET PARKING REQUIRED
Except as otherwise provided in this Ordinance, when any Building or Structure is erected or
altered, accessory Off-Street Parking Spaces shall be provided for the Building, Structure or
additional Floor Area as follows:
A. Parking District No. 1 -
* * *
34. Office or Office Building - 1 space per 400 square feet of Floor Area,
however, medical offices and Clinics or offices located on the ground floor
shall provide 1 space per 300 square feet.
* * *
B. Parking District No.2. No.3 and No.4
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There shall be no Off-Street Parking requirement for Uses in this Parking District
except for those listed below:
1. Apartment Building and Apartment-Hotel- 1 Yz spaces for each unit regardless
of size or number of bedrooms.
The parking requirement may be satisfied by entering into a Development
Agreement with the City to provide for said parking through the construction
of facilities over City owned properties (air rights) or by providing for
Off-Site Parking facilities in accordance with Section 7-3 of this Ordinance.
2. Adult Congregate Living Facility - 1 space for every 2 beds.
.1. Hotel. Convention - For Structures with less than 250 units. 1 space per unit: for
Structures with 250-499 units. 0.75 space per unit: for Structures with 500 units
or more. 0.50 space per unit. Required parking for Convention Hotel Accessory
Uses shall be as follows:
a. Retail- Required parking shall be computed at 1 space per 500 sq.ft. of
Floor Area. minus 7.5 sq.ft. per unit.
b. Auditorium. Ballroom. Convention Hall. Gymnasium. Meeting Rooms
or other similar places of assembly - Required parking shall be 1 space
per 7 seats or I space per 105 sq.ft. of Floor Area where there is no
seating. minus 1 seat or 15 sq.ft. per unit.
c. Restaurant or other establishment for consumption of food or beverages
on the premises- Required parking shall be 1 space per 7 seats or 1 space
per 105 sq.ft. of Floor Area where there is no seating. minus 1 seat or 15
sq.ft. per 2 units.
d. Required parking for all other uses shall be as set forth in Subsection
7-2.8.
The Zoning Board of Adiustment may grant a Variance for the total amount of
parking required for a Convention Hotel and related accessory uses of up to 10%.
4. Hotel. Suites Hotel. Motel or Motor Lodge - 1 space per unit: however. suites
hotel units as defined in Subsection 6-22D which are greater than 550 sq. ft.
and which contain full cooking facilities shall have a parking requirement of
1 1/2 spaces per unit. Required parking for hotel accessory uses shall be as
follows:
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a. Retail- Required parking shall be computed at 1 space per 400 sq.ft. of
Floor Area. minus 7.5 sq.ft. per unit.
b. Auditorium. Ballroom. Convention Hall. Gymnasium. Meeting Rooms
or other similar places of assembly- Required parking shall be 1 space
per 4 seats or I space per 60 sq.ft. of floor area where there is no seating.
minus 1 seat or 15 sq.ft. per unit.
c. Restaurant or other establishment for consumption of food or beverages
on the premises- Required parking shall be I space per 4 seats minus I
seat for every 2 units.
d. Required parking for all other uses shall be as set forth in Subsection
7-2.B.
These parking requirements for Hotel Accessory Uses are only applicable to
Structures that are being newly constructed or substantially rehabilitated as
Hotels.
The Zoning Board of Adiustment may grant a Variance for the total amount of
parking required for a Hotel. Suites Hotel. Motel or Motor Lodge and related
accessory uses of up to 20%.
~3-:- Offices - 1 space per 400 square feet of Floor Area. however. medical offices
and Clinics or offices located on the ground floor shall provide 1 space per
300 square feet of Floor Area..
~ 4:- Theaters - No requirement fur the first 600 scats; one (1) space for every
ttdditiofittl eight (8) four (4) seats. The parking requircmcnt f'Or this use may
not be satisfied tMough the Pttrking Impact Fcc Program as stfrted in
Subsection 7 7 of this Ordinance.
1:...5-: Religious Institutions, Schools, Nursing Homes - As per Section 7-2,A.
C. Zoning Districts exempted from Providing Parking - There shall be no required
parking for any Use located in the Dune Overlay District or Waterway District 1.
D. Removal of Existing Parking Spaces - Except as provided for within subsection
7-7.B.3.. no existing required parking space may be eliminated for any Use.
However. notwithstanding the forgoing. the elimination of any parking space for the
pUI:poses of addressing Americans with Disabilities Act (ADA) compliance or for the
creation of an enclosed dumpster I trash area when there has been a determination by
the Planning and Zoning Director of no feasible alternate location shall be permitted
without the need to replace said space or payment of an impact fee.
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SECTION 6. That Subsection 7-3, entitled "Off-Site Facilities" of Section 7, entitled "Parking
Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended
as follows:
7-3 OFF-SITE FACILITIES.
A. All parking spaces required herein shall be located on the same Lot with the Building
or Use served, or within a distance not to exceed ~ 500 feet from such Lot. or
1.200 feet if i) located in the City of Miami Beach Architectural District or ii) the
parking lot is operated on a valet basis as per Subsection 7-11. The distance
separation shall be measured by following a straight line from the Lot on which the
main permitted Use is located to the Lot where the Parking Lot or garage is located.
B. Where the required parking spaces are not located on the same Lot with the Building
or Use served and used as allowed in paragraph 7-3,A above, a Unity of Title or for
non adiacent lots either a Unity of Title or a Restrictive Covenant in Lieu of Unity of
Title for parking unification shall be prepared for the purpose of insuring that the
required parking is provided. Said Unity of Title or Restrictive Covenant shall be
executed by owners of the properties concerned, approved as to form by the City
Attorney, recorded in the public records of Dade County as a covenant running with
the land and shall be filed with the application for a Building Permit.
C. Temporary Parking Lot facilities shall be pursuant to Section 7-6,H ofthis Ordinance.
SECTION 7. That Subsection 7-5, entitled "Design Standards" of Section 7, entitled "Parking
Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended
as follows:
7-5 DESIGN STANDARDS.
A. Off-Street Parking Space Dimensions. Minimum Area. With the exception of parking
spaces that are permitted in Section~ 7-6,13, ','{hen 7-11. 7-12. a standard Off-Street
Parking Space is shall be an all weather surfaced area, not in a Street or Alley, and
having a width of not less than eight and one half (8 1/2) feet and length of not less
than eighteen (18) feet.:. except for A standard parallel parking-,stteh space shall be an
all-weather surfaced area, twenty-one (21) feet in length and eight and one half (8 1/2)
feet wide. The length required shall be measured on an axis parallel with the vehicle
after it is parked. The width required is to be column- free clear space, except for
those standard Off-Street Parking Spaces immediately adjacent to a structural column
within an enclosed parking Structure which may have a width of eight (8) ft. The
required area is to be exclusive of drivcv,;aY3 a Parking Aisle or Drive and;
permanently re3crvcd maintained for the temporary parking of one (1) automobile
13
atld eOl'ult:eted with a Street or Alley by an all wefither ~mrfaeed drivev.ay. Thi3
driyeway mU3t be ee)fitiguoU3 to the Parking space atld aff-ord unob3trueted ingress
and egre33 for an automobile to be moy.eel, except Viflerc vehiele3 Me pltlked in a '.alet
parking lot. See Section 7 11 for additional Valet PMking regultttiong. H See
Section 7-11 for valet parking standards.
B. For II6teb, /..partment Buildings and efiting and drinking e3tablishment3 whieh MC
'vvithin a Redevelopment Area or within nfitionally or locally de3ignated IIi3torie
Di3triet3 or Iloteh h8:\:ing m5fe than 200 unit3, the required pMldng ma'y be pro'~'ided
on a valet ba3i3 in fit Crade Lots or parking Strueture3. The valet 3paee shall be eight
(8) f'Cet by sixteen (16) f'Cet v.ith a maximum 3taeking of four (4) vehiele3 with tlfi
ai3le of ttt ka3t 20 fect at the each end. An aigk i3 not required between 3taekeel ear3
and a wall or lot line. The 3etba:ck rcquirement3 for a 'iakt pMking lot or garage arc
li3ted in Seetion 6 25,B.14.
&B. Drainage and Maintenance. Off-Street Parking facilities shall be drained to prevent
damage to abutting property and/or public Streets and Alleys and surfaced with
erosion-resistant material in accordance with applicable City specifications. Off-Street
Parking areas shall be maintained in a clean, orderly, and dust free condition at the
expense, of the owner or lessee and shall not be used for the sale, repair, or
dismantling or servicing of any vehicles, equipment, materials or supplies.
B:C. Interior Aisles Dri've3. Interior Aisles drives shall meet or exceed the following
minimum dimensions permitted:
900 parking - twenty-two (22) feet, with columns parallel to the interior drive on
each side of the required drive set back an additional one (1) foot
six (6) inches, measured from the edge of the required interior drive
to the face of the column.
450 parking - eleven (11) feet.
60 0 parking - seventeen (17) feet.
300 parking - ten (10) feet, six (6) inches.
Further defined by the following illustrations:
14
('I
:)~t
' ,
( () () i)O r 1<'liq
il ~ ) () I) OJ'! (i r~
,"
I
,f)
I
, '/
():: () i) 0 ['"' i < I r'iC i
i[l () I) c;, r' 1< IIH
D. Drives. Drives shall have a minimum width of twenty-two (22) feet for two-way
traffic and eleven (11) feet for one-way traffic.
E. Marking. Parking spaces shall be marked by painted double lines or curbs or other
means to indicate individual spaces. Each individual space shall be provided with a
car stop, curb or other similar device which is at least (two and one half (2~) feet
from the end of the parking space to prevent vehicular encroachment. Signs or
markers shall be used as necessary to ensure efficient traffic operations of the Lot.
F. Lighting. Adequate lighting shall be provided. The lighting shall be arranged and
installed to minimize glare on property in a residential district. Parking facilities shall
be illuminated from 1/2 hour after sunset to 1/2 hour before sunrise at the levels
specified below with a uniformity ratio of 10: 1:
USE
MIN. ILLUM. (FC)
Residential lots
Commercial lots
small (5-10 spaces)
medium (11-99 spaces)
large (1 00+ spaces)
.4
.4
.6
.9
G. Screening and Landscaping. At Grade Parking Lots and parking garages shall
conform to the minimum Landscape Standards as set forth in Section 8-6.
15
H. Commercial and non-Commercial Parking Garages as a main Use on a separate Lot
shall be subiect to the following regulations. in addition to the other regulations of
Subsection 7-5.
L When located in the CD-I. CD-2. CD-3. C-PSL C-PS2. C-PS3. C-PS4 and
MXE Districts and in GU Districts adjacent to commercial districts. a
Commercial or non-Commercial Parking Garage shall have first floor frontage
consisting of space which is to be occupied for residential or Commercial
Uses along any Street. excluding frontage for entrance and exit drives.
2. When located in the RM-L RM-2. RM-3. R-PSL R-PS2. R-PS3 and R-PS4
Districts and the GU Districts adjacent to residential districts. a Commercial
or non-Commercial Parking Garage shall contain space which is to be
occupied for residential Uses along any Street. at a minimum. shall maintain
a residential character. In addition. when a parking garage is located in the
RM-3 or R-PS4 Districts. said garage may also have first floor frontage with
space occupied for Commercial Uses.
.1. When located in residential districts. a Commercial or non-Commercial
Parking Garage shall serve only residential uses with the exception of any
commercial space within said Garage.
4. The height limit shall be 75 feet in the CPS-l. CPS-2. CD-3 and GU Districts:
for all other districts the height limit shall be 50 feet or as set forth in the
underlying zoning district. whichever is less.
1:. Setbacks shall be the same as the Pedestal setbacks for the underlying zoning
district.
!h The volume of such Commercial and non-Commercial Parking Garages shall
be limited by the required setbacks and heights described within this
subsection and shall not be subject to the Floor Area Ratios prescribed for in
the underlying zoning district.
L Parking Garages that are built solely with public funds may be exempt from
the requirements of 7-5.H.l and 7-5.H.2 above if meeting the requirement
would affect the tax exempt status of the project. The forgoing does not limit
the City Commission's ability to waive development regulations for GU
properties as per Subsection 6-12.
1. Commercial and non-Commercial Parking Lots as a main Use on a separate Lot shall
be subiect to the following regulations. in addition to the other regulations of
Subsection 7-5.
16
L The required Front and Rear Yards shall be those of the underlying district.
b The required Side Yards shall be as follows:
~ Lot Width
I Side Yard setbacks
W 55 feet wide or less 2 feet
between 56 and 100 feet. 5 feet
D2l inclusive
W greater than 100 feet 10 feet
.:L Lots which are 55 feet wide or less may have 900 parking stalls measuring 8.5
feet by 16 feet.
,LH:- Temporary Parking Lot Standards. When permitted, the following standards are
established for Temporary Parking Lots:
1. Temporary Commercial or non-commercial Parking Lots may be operated in
the MR Marine District, GU Government Use District, MXE or C PS 1 4
Di3triet3 in any commercial district. These Lots may be operated independent
of a primary Use. Temporary, non-commercial Lots may be located in the
R-PS 1-4 and in any multi-family residential district or within the Architectural
District as defined in Section 3-2,A of this Ordinance. One Sign per Street
frontage is permitted. The maximum size of each Sign shall be five (5) square
feet per Fifty (50) feet of Street frontage.
2. Parking Lots shall be brought to Grade with no less than one (1) inch of
asphalt over a four (4) inch limerock base; however, the Public Works
Director may require a six-inch limerock base or thicker asphalt based upon
conditions at the Site, the intensity of the Use at the Site or if trucks are
intended to be parked on the Site that would require the additional base
support. Prior to the issuance of an Occupational License for a Temporary
Parking Lot, the Applicant shall submit a maintenance and watering plan
which is approved by the Planning and Zoning Department.
17
3. Should the City Manager find that the operation of a Temporary Parking Lot
has an adverse effect on the welfare of surrounding properties, he may revoke
the license pursuant to the procedures set forth in Section 20-27 of the Miami
Beach City Code upon 48 hour written notification to the Applicant.
4. Use of Temporary Parking Lots shall not be for parking which is required by
the Zoning Ordinance.
5. All Lots considered under this Section shall be reviewed pursuant to the
Design Review regulations.
6. All Lots located South of Biscayne Street or located in a Residential Zoning
District shall require a public hearing pursuant to the Conditional Use
procedures as set forth in Section 17-4,C.
7. Prior to the issuance of an Occupational License, a covenant running with the
land which lists the applicable requirements of this Section shall be recorded
in the public records of Dade County.
8. Temporary Parking Lots shall not be permitted to exist for a period of time
greater than three (3) years from the date of Building Permit issuance
regardless of ownership. At the end of this period, if the lot continues to be
used for the purposes of parking, a permanent lot shall be constructed in
conformity with the Zoning Ordinance; however, an Applicant may request
one extension of time for a period not exceeding two (2) years from the
Planning Board.
9. If the Lot is paved and not operated on a valet basis, then all parking spaces
shall be marked by painted lines or curbs or other means to indicate individual
spaces and wheel stops shall be provided. Vehicles shall not back out onto
any Street. The size of the parking spaces, back-out areas and exit/interior
drives shall not have dimensions less than those required in Section 7-6,A-D
of the Zoning Ordinance. Lots operated on a valet basis shall have wheel
stops at the edge of the pavement. All wheel stops required in this subsection
shall be placed no less than four (4) feet away from each other.
10. There shall be a five (5) foot wide, landscaped area bordering the surfaced
area along a property line, Street Alley or sidewalk. The front and rear areas
shall be landscaped with canopy trees (minimum of two (2) trees per fifty (50)
feet of Street and Alley frontage). All landscaped areas shall utilize St.
Augustine Grass or planted material acceptable to the Planning and Zoning
Department. A two and one half (2~) foot high hedge shall be placed along
the side and rear property lines.
18
11. No interior landscaping is required; however, all landscaping that is placed on
the Lot shall be maintained in good condition so as to present a healthy, neat
and orderly appearance.
12. Water for irrigation shall be available within fifty (50) feet of all landscaped
areas. A hose bib or an in-ground system is acceptable.
13. Prior to the issuance of a Building Permit, the Planning and Zoning
Department shall approve the Site Plan and landscaping. Prior to the issuance
of an Occupational License, the Department shall approve the placement of
landscaping.
14. Surface storm water shall not drain to adjacent property or a public right-
of-way. If the Public Works Director determines that there is insufficient area
to accommodate drainage, he may require that for every 1,000 square feet of
surface parking area, there shall be two (2) twenty-four (24) inch diameter
round auger holes drilled to a depth of two (2) feet below ground water and
filled with rough, washing, ballast rock, brought to within six (6) inches of an
auger hole inlet casting.
15. Any temporary parking lot that is non-conforming to these regulations six (6)
months after the Effective Date of this Ordinance or upon the expiration date
of an existing Occupational License, whichever is later, shall cease to exist.
I. Provisional Parking Lot Standards. When permitted, the following standards are
established for Provisional Parking Lots:
1. Provisional Commercial or non-commercial Parking Lots may be operated in
the CD 1- 3 (Commercial, Low to High Intensity) Districts, CPS-l and 2
(Commercial Performance Standards Districts). RPS-l trough 3 (Residential
Performance Standards Districts). 1-1 (Light Industrial) District, and MXE
(Mixed Use Entertainment) District. These Lots may be operated independent
of a primary Use. One Sign per Street frontage is permitted. The maximum
size of each Sign shall be five (5) square feet per Fifty (50) feet of Street
frontage, not to exceed twenty (20) square feet.
2. Provisional Parking Lots shall be brought to Grade with a dust-free surface of
no less than two inches of crushed rock. Prior to the issuance of an
Occupational License for a Provisional Parking Lot, the Applicant shall
submit a plan which addresses the regular maintenance and watering of the
parking, and landscaped surfaces; said plan shall be approved by the Planning
and Zoning Department and monitored for compliance.
19
3. Should the City Manager find that the operation of a Provisional Parking Lot
has an adverse effect on the welfare of surrounding properties, he may revoke
the license pursuant to the procedures set forth in Section 20-27 of the Miami
Beach City Code upon 48 hour written notification to the Applicant.
4. Use of Provisional Parking Lots shall not be for parking which is required by
the Zoning Ordinance.
5. Provisional Parking Lots shall not be permitted to exist for a period of time
greater than one (1) year from the date of Certificate of Completion,
Certificate of Occupancy, or Occupational License issuance (whichever occurs
first) regardless of ownership. At the end of this period, if the Lot continues
to be used for the purposes of parking, a temporary or permanent Lot shall be
constructed in conformity with the Zoning Ordinance; however, an Applicant
may request one extension of time for a period not exceeding six (6) months
from the Planning and Zoning Director. Any further extension of time is
prohibited.
6. If the Lot is not operated on a valet basis, then all parking spaces shall be
marked by painted lines or curbs or other means to indicate individual spaces
and wheel stops shall be provided. Vehicles shall not back out onto any
Street. The size of the parking spaces, back-out areas and exit/interior drives
shall not have dimensions less than those required in Section 7-5,A-D of the
Zoning Ordinance. Lots operated on a valet basis shall have wheel stops at
the edge of the parking surface. All wheel stops required in this subsection
shall be placed no less than four (4) feet away from each other.
7. There shall be a 2 ft. 6 in. wide, landscaped area bordering the surfaced area
along all property lines. All landscaped areas shall utilize St. Augustine
Grass or planted material acceptable to the Planning and Zoning Department.
A two and one half (2Y2) foot high hedge shall be placed along all property
lines facing a Street. Water for irrigation shall be available within fifty (50)
feet of all landscaped areas. A hose bib or an in-ground system is acceptable.
8. Prior to the issuance of a Building Permit, the Planning and Zoning
Department shall approve the Site Plan and landscaping. Prior to the issuance
of an Occupational License, the Department shall approve the placement of
landscaping.
9. Surface storm water drainage shall be approved by the Public Warks Director.
20
.l!1. The applicant for a Provisional Parking Lot must provide a written statement
from the property owner as part of the required submission for the Lot.
acknowledging that the owner is fully and solely responsible for eliminating
any contamination resulting from lack of a drainage system on the unpaved
Lot and indemnifying and hold the City harmless from loss or damage arising
from any contamination on the Lot. in a form approved by the City Attorney's
office.
lL.:l"B:- No variances shall be granted from the requirements of this Section.
12. H. At the time the Provisional Parking Lot ceases to exist, all crushed rock
material shall be removed within thirty (30) days replaced with sod and/or
landscaping as determined acceptable by the Planning and Zoning
Department. This provision shall not apply to existing lots where crushed
rock was legally in place at the time of the passage of this ordinance.
* * *
SECTION 8. That Subsection 7-7, entitled "Parking Impact Fee Program" of Section 7, entitled
"Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
7-7 PARKING IMPACT FEE PROGRAM
'Nh~re there i3 inadequftte ar~a ftVailttblc on Site, or at a loefttion -1. ithin 1200 feet of the Site,
for 1"foviding 3ame or all af the 1"arking 31"aee3 required by thi3 Ordinance for a gi'ven U 3e,
the 1"arking requirement may be fulfilled by 1"ayment of an im1"fl:et f'Ce in3tead, a3 1"ro'/ided
herein.
In no in3tan~e 3hall the 3ub3titution of an im1"a~t fee re3ult in the wn3tmetion of a neN
re3idential De-iela1"men:t ';ihid'\. 1"ro'v'ide3 !e33 than one (1) 1"fl:rking 3pace 1"er unit ftftd any
other t) 1"e of ne-.... cOfi3truetion de v d01"me::nt v.rhich pro v ide3 le33 than fifty per cent (50%) of
the required 1"arking.
New wn3tru~tion of commereial develo1"ment and Re3idential addition3 to exi3tifig building3
,;.h.t:ther attfl:ehed or detached from the main 3trueture within the Miftftli Beach Arehite~tural
Di3trict or a Lo~al I li3torie Di3tri~t may fully 3ati3fy the parking requirement by 1"fH'tiei1"atioft
in the Parking Im1"aet Fee Progran11"ur3uant to Sub Seetion 7 7, .\.1 below.
A. A Parking Impact Fee may be paid to the City of Miami Beach in lieu of providing
required parking on-Site. or within 1200 feet of the Site in the Miami Beach
Architectural District or otherwise within 500 feet of the Site. only in the following
instances:
21
L New construction of commercial or residential development and commercial
or Residential additions to existing buildings whether attached or detached
from the main structure within the Miami Beach Architectural District or a
Local Historic District.
2. When an alteration or rehabilitation within an existing Structure results in an
increased parking requirement pursuant to Subsection 7-7 .B.2.
.1. New construction of 1.000 square feet or less. or additions of 1.000 square
feet or less to existing buildings whether attached or detached from the main
Structure may fully satisfy the parking requirement by participation in the
Parking Impact Fee Program pursuant to Sub-Section 7-7.B.l below.
4. The creation or expansion of an Outdoor Cafe (except for those which are an
accessory use to Buildings described in 7-1.E which are not eligible to
participate in the Parking Impact Fee program.
kB. Fee Calculation.
1. New Construction -The impact fee shall be satisfied by a one-time payment
at the time of issuance of a Building Permit of $1 0,000 $15.000 per Parking
Space. a33c33ed fl3 folloVi3:
% sf Fee Ns. elf Reql:lired :il"aee:i fl8t I"r6, iaea
I"er :il"see
ft:' ~ o 69 :il"see:i
lr. 6G% 70 89 81"flee8
~ ~ 90 109 81"aee8
th ~ 110 129 81"see8
~ 9G% 130 149 :il"aee:i
f: +00% 150 t}l 11161 e 3paeC3
The amount of said fee may be changed in accordance with Section 7-7 ,ABA.
2. Existing Structures and Outdoor Cafes - When alteration or rehabilitation of
a Structure results in an increased parking requirement. or an Outdoor Cafe
is created or expanded demMd, regtlfdle33 of the value of the work, the
impact fee shall be satisfied by one of the following:
22
a. A one time payment as set forth in Subsection 7-7,A.B.1 above, or
b. A yearly payment in the amount of 61% of the payment required by
Subsection 7-7,AB.l which shall continue as long as the Use exists.
(The amount of said payment may vary from year to year in
accordance with the determination set forth in Subsection 7-7,ABA.)
However, in lieu of continued yearly payments, a one-time redemption
payment may be made at any time of the full amount due pursuant to
Subsection 7 -7,AB.l; said amount shall be based upon the latest
determination made pursuant to Subsection 7-7,AB.4. as of the time
of the redemption payment rather than upon the amount which would
have been due if the fee had been paid at the time the work was done,
regardless of the number of yearly payments made previously.
However, when New Floor Area is added to the existing Building, the
impact fee shall be as set forth in Section 7-7;-A-B.l above.
3. Removal of existing parking spaces in a Historic District - Whenever an
existing required parking space is removed or eliminated for any Building
out3id~ the ,\rchiteetura:l Di3tri~t Of a LOCfl:l IIi3tori~ Digtrict or for ne-vYly
wfi3tnletcd Buildifigg or adclitioft3 -1v'ithin the Arehite~tUfal Di3trict or a Loeal
IIi3torie Di3triet whi~h reeei-v'ed a building 1"ermit after October 1, 1993, that
existed prior to October 1. 1993. which are (i) located within the Miami Beach
Architectural District. (ii) a Contributing Building within a Local Historic
District or . (iii) any individually designated Historic Building, a parking
impact fee shall be required if a replacement parking space is not provided on
site or within 500 feet of the Site or within 1,200 feet of the Site if in the
Miami Beach Architectural District. Said fee shall be satisfied as set forth
in Subsection 7-7, AB.2 above. In no case shall the removal of parking spaces
result in less than one parking space per residential unit or 50% of the required
parking for commercial Uses.
4. The amount determined to be the City's total average cost for land acquisition
and construction of one parking space shall be evaluated yearly by the
Planning and Zoning Director based upon City of Miami Beach average real
estate sale prices and the U.S. Department of Commerce Construction Price
Index for South Florida. If determined necessary, the fee structure shall be
amended in accordance with Section 14, Changes and Amendments of this
Ordinance.
* * *
23
SECTION 9. That Subsection 7-9, entitled "Surplus and Under-Utilized Parking Spaces" of Section
7, entitled "Parking Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida
is hereby amended as follows:
7-9 SURPLUS AND UNDER-UTILIZED PARKING SPACES
A. Surplus Parking Spaces
When a Development contains parking spaces in excess of the number required by
this Ordinance, such spaces shall be considered as surplus parking. These surplus
spaces may be leased to another property for Use as required Parking spaces, if the
surplus spaces are within 500 ft. of the Development leasing such spaces or within
1200 ft. of the Development leasing such spaces in the City of Miami Beach
Architectural District. The lease agreement shall be approved by the Planning and
Zoning Director and the City Attorney's Office prior to its execution and it shall be
recorded in the public records of Dade County, for each of the affected properties,
prior to the issuance of a Building Permit or Occupational License, whichever is
earlier. When the Development that contains the surplus parking changes to a Use
that requires additional parking, such Use shall not receive a Building Permit or
Occupational License until the City receives documentation that a parking shortfall
has not been created for any other Use that may have been utilizing the surplus
parking.
* * *
SECTION 10. That Subsection 7-11, entitled "Valet Parking" of Section 7, entitled "Parking
Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended
as follows:
7-11 VALET AND TANDEM PARKING
Required 1"ftl'king for new or 3ub3taffiially reno'v'ated I Iotd Duilding3, I Iotd Acce330ry
U3e3, Niglttdub3 or Re3taurftftt3 in exee33 0[200 3eat3 may be 3ati3ned through thc
pro'v'igioll3 of valet 1"firking 31"aeC3 (See Seetion 7 5,D f'Of De3ign Standard3).
Multi Family Duilding3 may pro"f'ide Uf' to but not more thftft one half of the fequircd
space3 fi3 'v'alct 1"arking 31"fieeg. 1513 2
A. Commercial Parking Garages and Lots may consist of 100% valet parking spaces.
Required parking for commercial establishments. Hotels. Hotel Accessory Uses.
multi-family residential Buildings. residential Accessory Uses. and Alcoholic
24
Beverage Establishments may be satisfied by providing 100% valet parking spaces.
However. any required parking valet spaces for a multi-family residential Building
shall be governed by a restrictive covenant. approved as to form by the City
Attorney's office and recorded in the public records of Miami-Dade County as a
covenant running with the land. stipulating that a valet service or operator must be
provided for such parking for so long as the Use continues.
B. Dimensions for valet and Tandem Parking Spaces shall be eight and one-half (8.5)
feet depth by sixteen (16) feet width with a maximum stacking of two (2) vehicles
with an Parking Aisle of at least twenty-two (22) feet.
C. Tandem Parking Spaces may be utilized for self-parking in multi-family residential
Buildings and shall have a restrictive covenant. approved as to form by the City
Attorney's office and recorded in the public records of Miami-Dade County as a
covenant running with the land. limiting the use of each pair of Tandem Parking
Spaces to the same unit owner.
SECTION 11. That Subsection 8-6, entitled "Landscape Criteria" of Section 8, entitled
"Landscape Standards" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
8-6 LANDSCAPE CRITERIA
When the Site is located in an area designated for landscape review, the following regulations shall
be used in evaluating the plans:
* * *
B. At-Grade Parking Lots
For the purpose of this section, the term "At-Grade" Parking Lot shall encompass
Commercial Parking Lots and Non-commercial Parking Lots as described in Section
3-2 of the Ordinance whether they are primary or Accessory Uses and that portion of
a Lot which is underneath the Building and is At-Grade which is utilized for parking.
Notwithstanding the requirements in this Section in no instance shall the required
landscaped area be less than 20% of the total area, except for Temporary Parking Lots
which are subject to Section 7-6,H, and lots which are 55 feet wide or less.
1. Required landscaping adjacent to the public right-of-way shall be landscaped
as follows:
25
a. Landscaping shall include one tree or grouping of three (3) palms for
each thirty (30) linear feet or any fraction thereof. Such trees shall be
located between the abutting right-of-way and Parking Lot Area and
shall be planted in a planting area of at least twenty-five (25) square
feet with a minimum dimension of five (5) feet. In addition, a hedge,
wall or other landscape barrier not to exceed 3l1z feet at maturity and
at least two and one half (2Y2) feet in height at the time of planting,
shall be placed only along the right-of-way. If such barrier is of
nonliving material, one shrub or vine shall be planted abutting the
barrier for each ten (10) linear feet. Such shrubs or vines shall only be
planted between the property line and barrier. The remainder of the
required landscaped areas shall be landscaped with grass, ground
cover, or other landscape treatment excluding paving.
b. Any plantings located in the right-of-way including, but not limited to,
trees, shrubs, ground cover, and sod shall be maintained by the
abutting Property Owner.
c. Necessary access ways from the Street through all such landscaping
shall be permitted to service the Parking Lot and such access ways
may be subtracted from the linear dimension used to determine the
number of trees required.
2. Perimeter parking adjacent to side and rear property lines:
The perimeter of parking areas abutting residential or commercial properties
shall provide, at a minimum, a five (5) feet landscaped strip, except when
abutting an alley. The perimeter of the parking area shall also be screened
with an opaque fence. wall or continuous hedge or other durable landscape
barrier. The hcight of the 3~recning deviee 3hall not be greater than three find
one half (3 Ji~) feet nor lc33 than tvvo fIlld one half (2 J)~) feet at timc of plfinting.
If plant material is used as the screening device. it shall not be less than a
height of 30" at time of planting. All landscape areas along the perimeter of
the parking areas abutting residential or commercial properties shall provide
one (1) tree or cluster of three (3) palms for every forty (40) linear feet of
property relating to an abutting property.
3. Parking Area - Interior Landscaping:
Parking areas shall provide a minimum of five (5) percent of net interior area
as landscaping. One (1) tree or grouping of three (3) palms with a clear trunk
of at least six (6) feet shall be provided for each one hundred (100) square feet
26
or fraction thereof of required landscaped area. Such landscaped areas shall
be located and designed in such a manner as to divide, break up the expanse
of paving. In instances where the strict application of this Subsection will
seriously limit the function of the parking area, the required landscaping may
be located near the perimeter of the paved area. Such required interior
landscaping shall be in addition to the perimeter landscaping requirements.
Landscaped area~ shall require protection from vehicular encroachment. Car
stops shall be placed at least three (3) two and one half feet from the edge of
the paved area. The minimum and maximum paved area designated as the
required parking space shall be as stated in Section 7-65A. of this Ordinance.
In no instance shall the required landscaped area be included within the
required pf,arking sS,pace area.
4. Notwithstanding the requirements in this Section, in no instance shall the
required landscaped area be less than twenty (20) percent of the total area of
the Parking Lot.
2" For Parking Lots 55' wide or less. landscaping shall consist of a perimeter wall
or dense hedge of at least 3.5 feet in height. one shade tree or three palms per
30 linear feet adiacent to a public right-of-way. one palm per 30 linear feet
along the side property lines. and one shade tree or three palms per 30 linear
feet along the rear property line except when abutting an alley. An in-ground
irrigation system that covers 100% of the landscaped areas shall be provided.
C. Other Vehicular Use Areas
Landscape requirements of vehicular Use areas, such as Service Stations, are subject
to regulations as stated in Section 8-6,B.
D. Parking Garages
Parking Ggarage requirements for landscaping U3e fire gubje~t to shall comply with
regulations as stated in Section 8-6,A of this Ordinance.
E. Visual Barriers for Swimming Pools
Accessory swimming pools when located in a Required Yard facing a public Street
shall be screened from public view by a hedge, wall or fence not less than five (5) feet
in height. The hedge shall be planted and maintained so as to form a continuous dense
row of greenery as per the requirements of this Section.
The maximum height of the visual barrier shall be pursuant to Section 6-24.
27
F. Dumpsters shall not be located within any Front Yard or required Side or Rear Yards.
They shall be within an enclosed area.
G. Temporary Parking Lot Standards
Landscape standards and setback requirements are pursuant to Section 7-6,H13 of
this Ordinance.
H. Appeals
All appeals regarding the interpretation of the Landscape Ordinance shall be to the
Board of Adjustment.
SECTION 12. That Subsection 13-5 entitled "Destruction, Repair, and/or Renovation of
Nonconforming Buildings and Uses" of Section 13, entitled "Nonconforming Structures and Uses"
of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
13-5 DESTRUCTION, REPAIR AND/OR RENOV A TION OF NONCONFORMING
BUILDINGS AND USES.
* * *
B. NONCONFORMING BUILDINGS
1. Nonconforming Buildings which are damaged, repaired or rehabilitated by
LESS THAN FIFTY (50%) PERCENT OF THE VALUE
DETERMINATION of the Building as determined by the Building Official
pursuant to the standards set forth in the South Florida Building Code, may
be repaired or rehabilitated if the following conditions are met:
a. Renovated or repaired units shall meet the minimum Floor Area as set
forth for the Zoning District in which the property is located. The
number of units in the building shall not be increased.
b. The Building shall have previously been issued a Certificate of Use,
Certificate of Completion, Certificate of Occupancy or Occupational
License by the City to reflect it's current use.
c. Such repairs or reconstruction in the damaged or repaired portion of
the Building shall meet the requirements of the Miami Beach Property
Maintenance Standards, the South Florida Building Code, Fire
Prevention and Safety Code, and if a Historic Structure, shall comply
28
substantially with the Secretary of Interior Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Structures,
U.S. Department of the Interior(1983) and as amended.
2. Nonconforming Buildings which are damaged, repaired or rehabilitated by
MORE THAN FIFTY (50%) PERCENT OF THE VALUE
DETERMINATION of the Building as determined by the Building Official
pursuant to the standards set forth in the South Florida Building Code, it may
be repaired or rehabilitated if the following conditions are met:
a. Historic Structures:
1). All Residential Units shall meet the minimum and average unit
sizes for rehabilitated buildings as set forth in the Zoning
District in which the property is located.
2). The existing structure's Floor Area, Height, and Setbacks may
remain, but any new addition or alteration must comply with
the current development regulations in the Zoning District in
which the property is located.
3). All1"ttrking r~gulation3 1"Uf3ufint to Seetion 7 of the Zoning
Ordinanec.
D4t- The Building shall meet all requirements (as amended) in the
following: South Florida Building Code, State Fire Marshall's
Rules and Regulations, Fire Prevention and Safety Code, the
Miami Beach Property Maintenance Standards and shall
comply substantially with the Secretary of Interior Standards
for Rehabilitation and Guidelines for Rehabilitating Historic
Structures, U.S. Department of the Interior (1983) and as
amended.
b. Non Historic Structures
1). All Residential Units shall meet the minimum and average unit
sizes for new construction as set forth in the Zoning District
in which the property is located.
2). The Building must meet all development regulations (lot size,
lot width, setbacks, height, open space, etc.) as set forth in the
Zoning District in which the property is located, except for the
Floor Area Ratio which may remain as is if it currently
exceeds the maximum FAR allowed in the Zoning District. No
new floor area may be added if the maximum FAR is presently
exceeded.
3). The Building shall receive ne-parking credits if there is no
change in Use: however. if there is a change in Use the
Building shall receive no parking credits and must either PftY
a 1"ftl'king impact fee Of provide the required parking on..,S,site...
or within HOO 500 feet of the subject property or within 1.200
feet of the property in the Miami Beach Architectural District.
or pay a parking impact fee.
4). The Building shall meet all requirements (as amended) in the
following: South Florida Building Code, State Fire Marshall's
Rules and Regulations, Fire Prevention and Safety Code and
the Miami Beach Property Maintenance Standards.
C. If a Nonconforming Building has been cited by the Dade County Unsafe Structures
Board, the owners shall bring the Structure into conformity with applicable codes
within the time period specified by said Board. With regard to multiple Family
residential Buildings, all of the units shall meet the Floor Area requirements as set
forth in Section 13-5,B. above. If the Building is not brought into compliance within
said time period, the Building shall not again be used except in compliance with all
the regulations of this Ordinance.
* * *
SECTION 13. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of
the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and
be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the
sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section" or other appropriate word.
SECTION 14. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 15. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
30
SECTION 16.
of January
EFFECTIVE DATE. This Ordinance shall take effect on the 31st day
, 199~.
PASSED and ADOPTED this 21st day of
January
, 199~.
$jYOR
ATTEST:
~o- PCiA-~
CITY CLERK
Underlined = new language
Strikeout = deleted language
1st reading 12/17/97
2nd reading 1/21/98
F:\PLAN\$ALL\DRAFT _ OR\@CITYCOM\PKGREGS2.0RD
DJG/JGG/WGF
December 4, 1997
December 19,1997
APPROVED AS TO
FORM & I.ANOUAGE
& FOR SCICUTION
14~ Y&.;V2
31
CITY OF MIAMI BEACH
-;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
1ttp:\\ci.miami-beach. fl. us
COMMISSION MEMORANDUM NO. i:f-O- 9 g
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Sergio Rodriguez ~~
City Manager ~'
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by:
DATE: January 21, 1998
FROM:
SUBJECT:
Amending Section 3, entitled "Definitions", amending Subsection 3-2, entitled
"Terms Defined", by modifying the definitions for Floor Area, Off-Street
Parking Space, Parking Lot, and Structure, and creating new definitions for
Drive, Parking Aisle, Parking Garage, and Tandem Parking Space;
Amending Section 6 entitled "Schedule of District Regulations" amending
Subsection 6-5, entitled "Residential Setback Requirements - RM-l,2,3" by
removing text referencing section 6-25,B.14.b. which is no longer applicable;
Amending Section 6 entitled "Schedule of District Regulations" amending
Subsection 6-25, entitled "Supplementary Yard Regulations" by removing
reference to parking lots and garages in 6-25,B.14, providing for their
movement to design standards subsection 7-5;
Amending Section 7 entitled "Parking Regulations" amending Subsection 7-1,
entitled "General Provisions and Parking Districts Established" by creating
parking Districts No.3 and No.4 which include properties along Arthur
Godfrey Road and 71st Street, respectively, and by clarifying the off Street
Parking Exemption for existing buildings in Historic Districts or individually
designated buildings;
Amending Section 7 entitled "Parking Regulations" amending Subsection 7-2,
entitled "Off-Street Parking Required" by modifying the parking requirement
for offices located on the ground floor, and by modifying the parking
requirements for uses within parking Districts No.2, No.3 and No.4, and by
prohibiting the removal of existing required parking spaces except for
compliance with ADA requirements or dumpster enclosure requirements;
AGENDA ITEM K. S 15)
DATEJ~t21-9~
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Amending Section 7 entitled "Parking Regulations" amending Subsection 7-3,
entitled "Off-Site Facilities" by decreasing the maximum allowed distance from
1200' to 500' between a main use and accessory parking on a Noncontiguous Lot
Citywide, Except in the Miami Beach Architectural District; Amending Section
7 Entitled "Parking Regulations" Amending Subsection 7-5, Entitled "Design
Standards" by, Clarifying Specifications for Standard Off-Street Parking
Spaces and Standard Parallel Parking Spaces, Removing Reference to Valet
Parking from this Section, Adding Regulations for Commercial and
Noncommercial Parking Garages and at-Grade Parking Lots as Main Uses,
Allowing Temporary Parking Lots Within All Commercial Districts, Adding the
C-PSl and C-PS2 and R-Ps 1, 2 and 3 Districts as Possible Locations for
Provisional Parking Lots, and Adding the Requirement of a Statement from the
Owner of Site of a Provisional Parking Lot Relative to Possible Contamination
of the Site;
Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-7,
Entitled "Parking Impact Fee Program" by Eliminating the Substitution of an
Impact Fee for New Construction and Allowing for the Payment of the Parking
Impact Fee for Rehabilitations Within Existing Structures That Result in an
Increased Parking Demand, New Commercial Construction or Additions ofless
than 1,000 Square Feet and the Creation or Expansion of Outdoor Cafes;
Establishing a Flat, One-Time Parking Impact Fee of$15,000 per Space for New
Construction, Establishing the Yearly Payment for Existing Structures to 4%
of the One-Time Fee, Elimination Of the Allowance for Unlimited Removal of
Parking Spaces Within the Architectural District or a Local Historic District
Which Received a Building Permit Prior to October 1, 1993, and Adding
Allowance for Parking Impact Fee for the Removal of Parking Spaces;
Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-9,
Entitled "Surplus and Under-Utilized Parking Spaces" By Stipulating That If
the Leased Spaces Are on a Lot Noncontiguous with the Development Leasing
the Spaces, They must Be Within 500 Feet of That Development or Within 1,200
Feet of That Development Within the Architectural District;
Amending Section 7 Entitled "Parking Regulations" Amending Subsection 7-
11, Entitled "Valet Parking" by Clarifying Those Uses That May Substitute
Valet Parking for Self-Parking, Adding Design Criteria and Regulations for
Valet and Tandem Parking Spaces;
Amending Section 8 Entitled "Landscape Standards" Amending Subsection 8-
6, Entitled "Landscape Criteria" by Clarifying Perimeter Barrier Height
Requirements, and Specifying Landscaping for Lots of 55' Width or Less;
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Amending Section 13 Entitled "Nonconforming Structures and Uses"
Amending Subsection 13-5, Entitled "Destruction, Repair, And/Or Renovation
of Nonconforming Buildings and Uses" By Adding Text Corresponding to
Change in Distance Separation for Noncontiguous Accessory Parking Lots
Within the City and the Miami Beach Architectural District; Providing for
Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective
Date.
RECOMMENDATION
The administration recommends that the City Commission, upon holding a public hearing, adopt,
on second reading the proposed ordinance as amended on first reading with one exception: require
new stand alone residential construction within the historic districts to provide at least one parking
space/unit on-site or off-site within 1,200 feet of the site.
BACKGROUND
The main concepts contained in the amending ordinance were initially developed by the Design
Guidelines and Development Regulations Committee (also known as the Development Regulations
Working Group) with assistance from the Planning, Design & Historic Preservation Division staff.
The amending ordinance, in concept, was further reviewed by the Planning Board at a workshop
session on November 12, 1997. The Planning Board unanimously recommended approval (by a vote
of 6-0, 1 vacancy) of the ordinance on December 16, 1997, with three additional changes:
1. Allow valet parking lots, which provide required parking, to be located within 1,200
feet of the use requiring such parking, on a city-wide basis.
2. Expand the provision to allow for payment of a Parking Impact Fee for all types of
new construction (additions or free-standing structures) of 1,000 square feet, or less..
3. Allow for construction on lots of 21 ,000 square feet, or less, within the Architectural
District and the Ocean Beach Historic District to satisfy required parking by full
payment of a Parking Impact Fee.
When the Commission considered the Ordinance the following day on fIrst reading, it approved the
language as recommended by the Planning Board, but extended further the exemption proposed,
under No.3 above, by allowing all new construction in all Historic districts within the city to satisfy
parking requirements by payment of a Parking Impact Fee.
At the conclusion of first reading, the City Commission asked that there be a workshop session held
on January 12, 1998, to review this matter further; although the Commission held the workshop, the
focus of the discussion centered on the other amendments to the Zoning Ordinance regarding design
bonuses and design review criteria scheduled for second reading public hearing today and not the
parking regulations. No discussion took place by the Commission on the proposed amendments to
the parking provisions of the Code.
One of the main issues of the proposed ordinance deals with the Parking Impact Fee program (PIF).
The PIF began as a fee in lieu of providing parking spaces as part of the Board of Adjustment
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variance procedure. In the early 1980's the Board of Adjustment, as a condition of granting a
variance for required parking, began to require applicants to purchase parking decals from the City.
This requirement evolved into the payment of a fee equivalent to the purchase of a decal. This
requirement became a standard procedure for the granting of parking variances.
In 1989, the Zoning Ordinance Review Committee (ZORC), in an effort to simplify the process,
created the Parking Impact Fee program and eliminated the variance procedure. The PIF program
allows new residential development to waive up to one parking space per two units by participating
in the program. New commercial development, including hotels, may waive up to 50% of the
required parking by paying the PIF.
The City has witnessed tremendous growth during the last few years. The City Commission, the
Land Use Subcommittee, the Parking and Transportation Committee and the Design Guidelines and
Development Regulations Committee (DGDRC) have all expressed concern regarding the lack of
adequate parking facilities and the need to have all new development provide all of its required
parking. The DGDRC and the Planning Board have been studying areas of incompatible zoning,
parking issues, design bonuses and other land development regulation issues within the Zoning
Ordinance and how regulations might be changed to address these issues.
Parking regulations is one such area of concern and the underlying precept for the change is simple:
all new construction must provide parking.
It should be noted that the Transportation and Parking Committee of the City of Miami Beach and
the Committee's Subcommittee on Parking Impact Fees reviewed the final recommendations of the
DGDRC. On November 10, 1997, the full Committee approved a slate of policy recommendations
which have been attached, hereto, for review by the City Commission.
ANALYSIS OF THE AMENDING ORDINANCE
The following is an analysis of each section of the proposed ordinance, as further amended by the
Planning Board and Commission:
Section 1.
This section of the proposed amendment contains changes which clarify the existing definitions of
"Floor Area", "Parking Lot", "Off-Street Parking Space" and "Structure". This section also creates
new definitions for the following terms, "Drive", "Parking Aisle", "Parking Garage" and "Tandem
Parking Space". These new definitions help clarify these terms as they relate to the design of a
parking facility, be it a parking lot or structure. Of special interest is the modification to the
definitions of Floor Area; the change modifies the list of areas which are not included in the
calculation of the Floor Area Ratio (FAR). Required parking is not included in the FAR of a
building. The proposed change would allow residential developments to provide up to two spaces
per unit (1.5 spaces per unit is required) without being included in the FAR. It also excludes all of
the floor area within parking garages, when the main use on the site, from the FAR calculation.
These changes have been created to encourage the creation of extra parking within residential
buildings and to facilitate the construction of stand alone commercial and non-commercial parking
garages.
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Section 2. and 3.
These amending sections remove the reference to (and the actual section dealing with) parking
garages and parking lots as allowable encroachments. Most of these elements are reinserted, with
modifications, into the Parking Section of the Ordinance.
Sections 4.
This section of the amending ordinance creates parking district No.3 and No.4. Parking District
No.3 includes those properties with a Lot Line on Arthur Godfrey Road from the east side of Alton
Road to west side of Indian Creek Waterway. Parking District No.4 includes those properties,
within the CD-2 and CD-3 commercial districts with a Lot Line on 71st Street from the west side
of Collins Avenue to the east side of Rue Notre Dame, and those properties with a Lot Line on
Normandy Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre
Dame. This provision also clarifies the off street parking exemption for buildings that existed prior
to October 1, 1993 , (the date on which this provision became effective), and which are located within
the Miami Beach Architectural District. It also expands the exemption to contributing buildings
within a Local Historic District or, individually designated Historic Building.
Sections 5.
This section of the amendments changes the parking requirement for offices located on the ground
floor. The current requirement is one space per 400 square feet of floor area. The proposed
amendment would increase the requirement to one space per 300 square feet of floor area (the same
requirement as retail uses). This change is viewed as necessary as frequently, ground floor office
space and retail space interchange during the life of a commercial building. By having the same
requirement, it ensures that the appropriate parking is provided at all times.
This section also includes parking districts No.3 and No.4 into the same requirements as Parking
district No.2. Furthermore it adds a parking requirement for hotels and convention hotels and their
related accessory uses. It also modifies the existing parking requirement for theaters in these
districts to match the requirements for theaters in the balance of the City. It also adds a provision
prohibiting the removal of existing required spaces, with exceptions made for purposes of meeting
ADA requirements and accommodating trash dumpster requirements.
Sections 6.
This section of the proposed ordinance deals with off-site parking facilities. Currently, the ordinance
allows parking, which is not located on the same lot as the main use, to be a maximum of 1,200 feet
from the main use. The proposal would require that an off-site self-park facility be within 500 feet
of the main use (roughly one block away) which will be more convenient to use and, importantly,
generally visible from the main use site; valet parking lots can be located up to 1,200 feet of the main
use. However, in the Architectural District the distance requirement would remain at 1,200 feet
given the inherent restriction on finding an appropriate site which is either vacant or has a non-
contributing structure which could be demolished.
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Sections 7.
This section of the amendments clarifies parking space dimensions. This section also includes the
regulations for commercial and non-commercial parking garage and lots. The districts where stand
alone parking structures are permitted are specified, as well as requirements for creating residential
or commercial space along the street frontage of the parking structure. Regulations specifying
heights and setbacks are also included. Importantly, the provision which states that these structures
are limited by the required setbacks and heights described within this subsection and are not subject
to the Floor Area Ratios prescribed for in the underlying zoning district. In other words, the building
envelope described by the setbacks and height, 50 feet in most cases, dictates the size of the parking
structure and not the floor area ratio of the underlying zoning district. This provision should
encourage private development of stand alone parking garages and facilitate the construction of
accessory off-site parking facilities for residential developments.
The temporary parking lot standards are also modified to allow such lots in any commercial district.
The provisional parking lots standards are proposed to be amended to include the C-PS1, C-PS2 and
the R-PSl trough 3 Districts as areas were provisional lots are permitted. Also a stipulation to the
provisional lot standards has been added that requires the applicant for a provisional lot must provide
a written statement from the property owner acknowledging that the owner is fully and solely
responsible for eliminating any contamination resulting from lack of a drainage system on the
unpaved lot and indemnifying and holding the City harmless from loss or damage arising from any
contamination on the lot.
Section 8.
This section states that a Parking Impact Fee may be paid to the City of Miami Beach in lieu of
providing required parking on-site or off-site (as prescribed), only in the following instances:
1. When an alteration or rehabilitation within an existing Structure results in an increased
parking requirement.
2. Any new construction of 1,000 square feet or less, or additions of 1,000 square feet or less
to existing buildings whether attached or detached from the main Structure may fully satisfy
the parking requirement by participation in the Parking Impact Fee Program.
3. All new construction and additions within the City's historic districts.
4. The creation or expansion of an Outdoor Cafe.
Importantly, this section effectively eliminates the ability for new construction to participate in the
Parking Impact Fee program outside of the historic districts except for new construction of up to
1,000 square feet in size. This exempted new construction allowed to participate in the PIF will pay
$15,000 per space, as opposed to the $10,000 per space currently required. Also, the sliding scale
which reduced the payment by as much as 50% has been eliminated. The yearly payment has
changed from 6% of $1 0,000 (usually adjusted to $5,000 by the sliding scale or $300) to 4% of a flat
$15,000 or $600 per space per year. This effectively doubles the payment required for those
businesses currently participating in the PIF program.
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Section 9.
This section of the proposed ordinance addresses surplus parking spaces. These are space in excess
of the required amount which may be leased to another use for purposes of satisfying the parking
requirement for that use. The amendments would required that such spaces shall be within 500 ft.
of the Development leasing such spaces (1,200 feet if a valet parking facility) or within 1200 ft. of
the Development leasing such spaces in the City of Miami Beach Architectural District.
Section 10.
This section contains the amendments that deal with valet and tandem parking. It specifies that
developments which provide their required parking as valet spaces must provide the City with a
restrictive covenant stipulating that a valet service or operator must be provided for such parking for
so long as the use continues.
The amendment also provides for parking space dimension and stacking limits of two vehicles (the
current ordinance allows stacking of up to four vehicles).
Regulations for tandem spaces are also provided. These are stacked vehicles reserved for the
exclusive use a single unit. These spaces follow the same dimension requirements as valet spaces
and a restrictive covenant limiting the use of each pair of tandem parking spaces to the same unit
owner is required.
Section 11.
This section of the amendments clarifies some of the landscape requirements for parking lots.
Section 12.
This section of the proposed ordinance amends the non conforming buildings provision of the
Zoning Ordinance. Basically it would allow a building not to lose its nonconforming parking status
when such a building is damaged, repaired or rehabilitated by more than fifty (50%) percent of the
value determination of the building. This would eliminate the penalty many buildings face when
they exceed the value determination due to renovations and rehabilitation.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the
Planning Board is to consider 13 relevant review criteria, when applicable for such changes. Since
the amending ordinance would only change the text of the Zoning Ordinance and would not
constitute a use change or a change in zoning district boundaries or classification, many of the
review criteria have been determined not to be applicable to this amendment request.
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The following is an analysis of each review criteria:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent - The amendment would foster the goals to develop the City in an appropriate
manner. Importantly. policy 3.2 of the Traffic Circulation Element of the
Comprehensive Plan states that the City shall enforce new parking
requirements in the Zoning Ordinance to result in a better ratio of supply and
demand.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The amendment would not change the underlying zoning district for any
areas within the City. The intent of the amendment is to ensure that a better
ratio of supply and demand for parking is achieved throughout the City.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Partially Consistent - The proposed amendment is in scale with the perceived and actual
need for providing adequate parking for all uses, citywide; however,
the Administration believes that new stand alone residential
construction in the historic districts should be required to provide at
least one parking space per unit on-site or off-site.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Partially Consistent - By requiring that new construction outside of the historic districts
provide all of its required parking as well facilitating the construction
of additional parking without an FAR penalty and the encouraging
the construction of parking facilities, the load on existing municipal
parking facilities should be decreased. Again, as in criteria No.3
above, some parking should be provided for new residential
construction in the historic districts.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Not Applicable
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6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Consistent - The under developed areas of the City are going through rapid changes,
brought about by private sector rehab and new construction. Presently, these
new developments often opt to participate in the PIF instead of providing all
of the required spaces. The demand for parking is beginning to exceed the
supply available and the PIF has not proven to be an effective tool in
providing adequate new parking to meet this shortfall. These changing
conditions necessitate that regulations which encourage developments to
provided all of the parking as required by the ordinance be put in place.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent - The proposed changes will not negatively effect living conditions or the
quality oflife for surrounding properties. The amending ordinance will foster
more off-street parking spaces being provided, thus making available more
on-street spaces for the surrounding areas.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Consistent - The LOS will not be affected by the proposed changes. In fact, many
developments in the past have been able to increase the density of the project
by participating in the PIF. For example, a residential development that can
accommodate a maximum of 99 parking spaces would normally be limited
to a total of 66 writs. However, if that same development participates in the
PIF program up to 99 writs could be provided on site without any additional
parking being provided. This translates to approximately 33 vehicles added
to the traffic congestion of the area attempting to park in the limited number
of on-street spaces.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Not Applicable
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - Staff is of the opinion that property values, in the adjacent areas would not
be negatively affected by the proposed amendment.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
9 of 10
Consistent - The proposed amendment will allow for buildings to be built under existing
regulations, without any loss in capacity to achieve maximum Floor Area
Ratio. Furthermore additional spaces, beyond the required, may be provided
without an FAR penalty. These extra spaces may become a marketing asset
of the development.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Not Applicable
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Not Applicable
The Administration has analyzed the proposed amending ordinance and believes it will do much to
improve the City's parking regulations. However, we have a concern with the additional blanket
provision to allow a Parking Impact Fee to be paid for all new construction within the City's historic
districts in that this proposal provides for an exemption which exceeds what is required today. More
specifically, the Zoning Ordinance, as presently written, requires that free-standing new residential
construction in the historic districts provide at least one parking space per unit, either on-site or off-
site within 1,200 feet. While it is appropriate to allow for a Parking Impact Fee payment for most
uses in the City's Historic districts, we believe that it is in the interest of the City and prospective
residents of newly constructed residential units in these districts to have a least one parking space
for each residential unit provided.
CONCLUSION
The Administration has concluded that the City Commission adopt, on second reading the amending
ordinance, with the proviso that it be further amended to re-instate the requirement that new
residential construction in the City's historic districts be required to provide at least one parking
space per unit, either on-site or off-site.
SR/~~JGG/cat
F:IPLAN\SALL\CC _MEMOSIPBPKGREClREV2
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CITY OF MIAiW:I BEA cn
PARKING DEPARTJHENT MEJ\;fORANDUilJ
DATE:
December 4, 1997
ro
TO:
Sergio Rodriguez, Deputy City Manager
Dean Grandin, Deputy Director DDHPS
-
FROM: Jacqueline Gonzalez, Acting Parking
City of Miami Beach Transportation
SUBJECT: Recommendations for Policy
Parking Impact Fee Program
The Transportation and Parking Committee of the City of Miami Beach respectfully submits
the following proposed changes to the City's Parking Impact Fee Ordinance. The
recommendations were developed by the Committee's Subcommittee on Parking Impact
Fees. The Subcommittee met twice this month to discuss and make recommendations of
revisions to the existing Parking Impact Fee Program. At a roundtable meeting held
Monday, November 3, 1997, the subcommittee reviewed the recommendations of the
Design Guidelines and Development Regulations Committee that the Planning Board will
consider at their next meeting. The following slate of of policy recommendations were
approved by the full Committee on Monday, November 10, 1997.
The subcommittee recommends the following ten policy changes:
1. The existing Parking Impact Fee accounts shall be consolidated into three accounts:
South Beach (from Dade Boulevard/23rd Street south to Government Cut); Middle
Beach (from 23rd Street north to 63rd Street); and North Beach (from 63rd Street
north to the City line). * (Consolidated area funds shall be spent in the above
designated areas).
2. Amend the DGDRC recommendation re: Commercial Parking Garages to read, U In
the CD-1 ,2,3 MXE, and GU adjacent to commercial districts, the commercial garage
first floor frontage must consist of habitable commercial space or residential, along
any public right of way, excluding frontage for entrance and exit drives"
3. Emphasize that we shall pay special attention to the environs (compatibility) in
which the commercial garage is being developed. especially in cases of waterfront
and historic district development.
4. All new construction must be required to provide parking for the new development.
This shall also include the Historic District.
CITY OF MIA)}!I BEACH
PARKING DEPARTilfENT MEMORANDU,.,/
5. Required parking shall be provided within 500 feet of new multi-family
residential/apartment developments: and within 1.000 feet of all other
developments. including hotels. This shall also include the Historic Districts.
** Please note: It is the Committee's understanding that there is no change to the
existing 50% requirement.
6. A one-time Parking Impact Fee must be paid for all hotel additions of 2,000 square
feet or less.
7. The Parking Impact Fee shall be $15.000 per space. This flat fee shall be subject
to annual review, and may be adjusted accordingly.
8. Valet parking may provide no more than 50% of the required parking for multi-family
residential buildings.
9. Change of uses shall be subiect to a flat fee of $1.000 per year. per required
parking space. payable upon issuance of the Occupational License. This shall also
include the Historic District(s).
10. Shared parking arrangements will be reviewed semiannually to assure that the
shared parking arrangements continue to provide an adequate supply of parking for
all uses tied to the agreement.
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