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ZONING ORDINANCE No. 289 (1945) ColorZONING ORDINANCE OF CITY OF MEAMI BEACH FLORIDA AMENDED AS OF AUGUST 1, 1945 A FE DON'TS DON'T buy a lot until you have satisfied yourself as to what uses are permitted thereon. DON'T change the front of your building with a view to putting in stores until you have consulted the Zoning Ordinance. DON'T have your plans drawn up until you have been assured that you can build the type of structure you have in mind. DON'T put in your foundation until you have secured a permit. ORDINANCE NO. 289 Zoning Ordinance of Miami Beach, Florida Amended as of August 1, 1945 AN ORDINANCE TO REGULATE AND RESTRICT THE ERECTION, RECONSTRUCTION, ALTERATION, LOCA- TION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER, FOR TRADE, INDUSTRY, RESIDENCE, OR OTHER, PURPOSES; TO REGULATE AND RESTRICT THE SIZE OF BUILDINGS AND OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED, THE SIZE AND DIMENSIONS OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT BUILDING LINES AND THE PER- CENTAGE OF LOT THAT MAY BE OCCUPIED, AND THE DENSITY OF POPULATION, AND FOR SAID PUR- POStiS TO DIVIDE THE CITY OF MIAMI BEACH INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS, AND' FOR EACH SUCH DIS- TRICT TO IMPOSE REGULATIONS AND RESTRIC- TIONS DESIGNATING THE KINDS OR CLASSES OF TRADES, INDUSTRIES, RESIDENCES OR OTHER PUR- POSES FOR WHICH BUILDINGS OR OTHER STRUC- TURES OR PREMISES MAY BE PERMITTED TO BE ERECTED, ALTERED OR USED; TO PROVIDE A METHOD FOR AMENDMENT, SUPPLEMENT, CHANGE, MODIFICATION AND REPEAL OF REGULATIONS, RE- STRICTIONS AND BOUNDARIES; TO PROVIDE A METHOD OF ADMINISTRATION; TO PROVIDE A BOARD OF ADJUSTMENT AND PRESCRIBE ITS POW- ERS AND DUTIES, AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE AND ALSO PROVIDE FOR ITS ENFORCE- MENT. WHEREAS, by the provisions of Chapter 9837, No, 719 Special Laws of Florida, 1923, authority is conferred upon the City of Miami Beach to establish districts or zones within its corporate limits for the purpose of regulating the use of land and buildings, the height of buildings, the size of open spaces surrounding buildings and density of population, and WHEREAS, the City Council of the City of Miami Beach deems it necessary in order to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, to make and promulgate such regulations with reasonable consideration, among other things, to the character of the district and its peculiar suit- ability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout said City in accordance with a compre- hensive plan: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Miami Beach, Florida: SECTION 1. DEFINITIONS: For the purpose of this Ordinance, cer- tain terms and words are herein defined. Words used in the present tense include the future; the singular number in- cludes the plural, and the plural the singular; the words "used for" include the meaning "designed for"; the word "structure" includes the word "building"; the word "shall" is mandatory and not directory; the word "lot" includes the words "plot" and "tract". ACCESSORY BUILDING: A subordinate building, or portion of the main building, which is located on the same lot as the main building or on an adjacent lot, the use of which building is clearly incidental to the use of the main building. ACCESSORY USES: Uses customarily incident to the principal uses as permitted, but not including any commer- cial activity. ALLEY: Any roadway, place or public way dedicated to public use and twenty (20) feet or less in width, unless other- wise officially designated as a street. APARTMENT: A dwelling designed for occupancy other- wise than as a one -family dwelling, or a two-family dwelling. The term "Multiple Dwelling" shall be understood to include apartment houses, bungalow courts, and all other family dwellings of similar character, but not to include hotels or apartment hotels. APARTMENT HOTEL: An apartment building, under resident supervision, which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish dining room service for tenants only. (427) (557) (Definition. deleted) BARBECUE STANDS: Any establishment serving foods where provisions are made for customers to drive across the curbs or sidewalk lines and receive service in automobiles or other similar vehicles, and/or establishments where meats are prepared outside of an enclosed building. (447) BUILDING: Anything constructed or erected, the use of which demands a permanent location onthe land; or any- thing attached to something having a permanent location on the land. BUNGALOW COURTS: (House Courts) : A "Bungalow Court" or "House Court" is a group of two or more single- family dwellings on one or more adjoining lots, having a separate outside entrance on the ground floor level for each single-family dwelling. CLUB, PRIVATE : The term "Private Club" shall per- tain to and include those associations and organizations of a fraternal or social character, not operated or maintained for profit. "Private Clubs" shall not include casinos, night clubs, or other institutions operated as a business. CLUB, NIGHT: The term "Night Club" shall pertain to and include restaurants, dining rooms or other similar estab- lishments where floor show or other form of lawful enter- tainment is provided for guests after 11:00 o'clock P. M. (388) COURT: An open, unoccupied, unobstructed space on the same lot as a building. (447) COURT, INNER: A court not extending to a street or alley, or to a front, side or rear yard. COURT, OUTER: A' court extending to a street or al- ley. (447) DWELLING, MULTIPLE -FAMILY: See Apartment. DWELLING, TWO-FAMILY: A detached building, di- vided horizontally or vertically and designed for or occupied by two single-family housekeeping units; contained entirely under one roof and having one dividing partition common to each unit or having the ceiling structure of the lower unit the floor structure of the unit above. (427) DWELLING, ONE -FAMILY: A detached building de- signed for or occupied exclusively by one family. FAMILY: One or more persons occupying premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, a lodging house or hotel, as herein defined. GARAGE, MECHANICAL: Any premises, except those described as a private or storage garage, where automotive vehicles are mechanically repaired, rebuilt or reconstucted. GARAGE, PRIVATE : A garage in which no business, service or industry connected directly or indirectly with mo- tor vehicles is carried on. GARAGE, STORAGE : Any premises, except those de- scribed as a private garage, used for the storage only of automotive vehicles, or where any such vehicles are kept for remuneration, hire or sale. SERVICE STATION : A building or place of business where gasoline, oil and greases, batteries, tires and automo- bile accessories are supplied and dispensed to the motor vehicle trade, and also where the following services are rendered, and none other: (625) 1. Sale and. Servicing of Spark Plugs and Batteries. 2. Tire Repair and Servicing, but no Re -capping. 3. Replacement of Mufflers and Tail Pipes, Water Hose, Fan Belts, Brake Fluid, Light Bulbs, Floor Mats, Seat Covers, Wiper Blades, Arms for Windshields and re- placement of grease retainers and wheel bearings. 4. Radiator cleaning and flushing. 5. Washing and Polishing. 6. Greasing and Lubrication. 7. Exchanging Fuel Pumps and installing Fuel Lines. 8. Minor servicing or replacement of carburetors. 9. Emergency wiring repairs. 10. Adjusting brakes and installing exchange brake shoes. 11. Tuning engines, with the exception of grinding valves, cleaning carbon or removing the head of engines and/or crank case. GOLF COURSE : The standard size golf course having nine, eighteen or more holes, installed on tracts having an area greater than forty (40) acres. HOTEL : A building or premises where lodging accom- modations of more than five (5) rooms are provided. (340) LOT : A parcel of land fronting on a street, place, way or waterway, which is or may be occupied by a building and its accessory buildings, including the open spaces required under this ordinance, and which parcel of land is a matter of record in Dade County, Florida. LOT, CORNER : A lot abutting on two or more streets at their intersection. LOT, INTERIOR: A lot other than a corner lot. LOT, THROUGH : An interior lot having frontage on two streets. LOT, DEPTH : The depth of a lot, for the purposes of this ordinance, is the distance measured in the mean direc- tion of the side lines of the lot from the mid -point of the street lot line or bulkhead line, to the opposite main rear line of' the lot. LOT LINES : The lines bounding a lot as defined herein. LOT WIDTHS : The width of a lot, for the purpose of this ordinance, is its mean width measured at right angles to its depth. MIXED OCCUPANCY : Occupancy of a building or land for more than one use. NON -CONFORMING USE : A building or land occupied by a use that does not conform with the regulations or the use district in which it is situated. PLACE : An open, unoccupied public space other than a street or alley, permanently reserved for purposes of joint access to abutting property. PORCH : A roofed space open on three sides, one or two stories in height. SERVICE STATION : A building where gasoline, oil and greases are supplied and dispensed to the motor vehicle trade, also where battery, tire and other similar services are rendered. SET -BACK : The minimum horizontal distance between the street line and the front line of the building or any projection, except as provided for in Section 17. (447) STREET : A thoroughfare which affords principal means of access to abutting property. STRUCTURE : Anything constructed or erected, the use of which requires more or less permanent location on the land, or attached to something having a permanent location on the land. STRUCTURAL ALTERATIONS : Any change, except for repair or replacement, in the supporting members.of a building, such as bearing walls, columns, beams or girilers. YARD: An open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. YARD, FRONT : An area between the front property line (either street or bulkhead of any waterway) and the front line of any main or accessory building, measured at its least dimension and extending from one side yard to the other, unoccupied, except as provided for in Section 17. (447) YARD, REAR : An area extending across the full width of the lot between the rear line of any main or accessory building and the rear line of the lot and measured at its least dimension, unoccupied, except as provided for in Sec- tion 17. (447) YARD, SIDE : An area between a main or accessory building and the side line of the lot and extending from the street line to the rear yard, measured at its least dimension, unoccupied, except as provided for in Section 17. (447) SECTION 2. DISTRICTS In order to regulate and restrict the erection, reconstruc- tion, alteration, location and use of buildings, structures, land and water, for trade, industry, residence, or other pur- poses, and the location thereof, and to regulate the size of buildings and other structures hereafter erected or altered, to regulate and determine the size and dimensions of yards, courts and other open spaces and to regulate and limit the percentage of lot that may be occupied and the density of population, the City of Miami Beach, Florida, is hereby divided into use and area districts as follows: (572) Use Districts (518) 1. RAA, RA, RB and RC Estate Districts. 2. RD Single -Family District. 3. RDD Modified Single -Family District. 4. RDE Restricted Multiple -Family District. 5. RE Multiple -Family District. 6. BAAA, BAA, BA, BB, BC, BD, BE, BF, and BG Busi- ness Districts. Area Districts Area Districts as hereinafter set forth. (518) The City of Miami Beach, Florida, is hereby divided into use and area districts aforesaid, and the boundaries of such districts are shown on the use and area maps attached here- to, which together with the legends, words, figures, letters, symbols and other explanatory matter thereon, shall be made parts of this ordinance as if the matters and information set forth thereon were all fully described herein. This ordinance shall be known as the "Zoning Ordinance of Miami Beach, Florida," and the maps hereto attached designated as the "Distrct Maps." No building shall be erected, constructed, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than the use permitted in the Use District in which such building or land is located. No lot area shall be so reduced or diminished that the yards or other spaces shall be smaller than prescribed by this ordinance, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established, and shown on the Area Map. Every building hereafter erected, constructed, reconstructed or structurally altered shall be located on a lot as herein de- fined, and in no case shall there be more than one building on one lot except hereinafter provided for. SECTION 3. USE ,REGULATIONS Estate Districts. In the "RAA", ` RA", "RB" and "RC" Estate Districts no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or structurally altered which is designed, arranged or intended to be occupied or used for any purpose other than a single-family residence, together with its accessory buildings, and in accord with the area provisions as hereinafter defined, excepting for one or more of the following uses: 1. Parks, playgrounds, or municipal buildings, owned and operated by the City of Miami Beach. SECTION 4. USE REGULATIONS Single -Family District In the "RD" Single -Family District no building or land shall be used and no building shall be hereafter erected, con- structed, reconstructed or structurally altered which is de- signed, arranged or intended to be used or occupied for any purpose unless otherwise provided for, excepting for one or more of the following uses: 1. Any use permitted in the "RC" Estate District. 2. Single-family dwellings. 3. Golf Courses. 4. Accessory buildings, including a private garage. SECTION 4-A USE REGULATIONS Modified Single -Family District (385) In the "RDD" Modified Single -Family District no building or land shall be used and no building shall be hereafter erect- ed, constructed, reconstructed or structurally altered which is designed, arranged or intended to be used or occupied for any purpose unless otherwise provided for, excepting for one or more of the following uses: 1. Any use permitted in the "RD" Single -Family District. 2. Two-family dwellings. SECTION 4-B. USE REGULATIONS Restricted Multiple -Family District (518) In the "RDE" Restricted Multiple -Family District no build- - erected, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used or oc- cupied for any purpose unless otherwise provided for, except- ing for one or more of the following uses: 1. Any use permitted in the "RDD" Modified Single - Family District. 2. Apartment buildings containing not more than four (4) single-family housekeeping units. 3. Bungalow or House Courts. SECTION 5. USE REGULATIONS Multiple -Family District In the "RE" Multiple -Family District, no building or land shall be used and no building shall be hereafter erected, con- structed, reconstructed or structurally altered which is de- signed, arranged or intended to be used for any purpose, unless otherwise provided for in this ordinance, except for one or more of the following uses: 1. Any use permitted in the ` RDE" Restricted Multiple - Family District. (518) 2. Multiple -family dwellings or apartments in accord with the area provisions hereinafter defined, and accessory buildings. 3. Hotels. 4. Hotels with one hundred (100) or more guest rooms may contain business establishments of the "BAA" classification providing the exterior of the building shall not contain store fronts or have the appearance of com- mercial or mercantile activities or any display of ar- ticles or services for sale which are visible from the exterior of the building or on the grounds facing a public highway or water frontage, and providing fur- ther that businesses established under the provisions of this section shall only be entered from within the building. 5. Private clubs, only upon approval and permit by the City Council of the City of Miami Beach. (389) 6. Apartment hotels. Provision for exterior appearances to be the same as provided in item No. 4 for Hotels. (518) 7. Miniature golf courses. (518) 8. Public Schools. (433) (518) 9. Accessory uses for tenants only. (427) (518) 10. Telephone exchanges, only upon approval and permit by the City Council of the City of Miami Beach. (434) (518) 11. Parking lots, only upon approval and permit of the City Council of the City of Miami Beach, Florida, and in no case permits to be issued for more than one year. (455) (518) 12. Public Buildings and Public Utility Buildings,Council of the upon approval and permit by the City City of Miami Beach . (491) (518) SECTION 5-A. USE REGULATIONS "BAAA" Business District (381) In the "BAAA" Modified Business District, no building or land shall be used and no building shall be hereafter erect- ed, constructed, reconstructed or structurally altered which is designed, arranged, or intended to be used for any purpose, unless otherwise provided for in this ordinance, except for one or more of the following uses: 1. Any use permitted in the "RE" Multiple -Family District. 2. Banks. 3. Modiste, wearing apparel, furriers. A A f;Uhlr1ti,,7 QVInYlC 5. Office, including brokerage houses. 6. Interior decorating, costuming, draperies. 7. Antique shops. 8. Jewelry stores. 9. Furniture stores. 10. (434) (Item eliminated) 11. Confectionery and ice cream stores. 12. Drug stores. 13. Stationery stores. 14. Shoe stores. 15. Sporting goods stores. 16. Luggage shops. 17. Sales and show rooms. 18. Hotels or Apartment Houses with fifty (50) or more guest rooms, may contain or erect in conjunction as accessory buildings, business establishmentsof the "BAA" classification. 19. Private Schools, only upon approval and permit by the City Council of the City of Miami Beach. (433) 20. Professional Offices. (572) or more similar enterprises or businesses which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses above enu- merated, provided that this shall not be interpreted to include bars or bar -rooms, or restaurants, except in conjunction with Hotels or Apartment Houses of fifty (50) or more guest rooms. SECTION 6. USE REGULATIONS "BAA" Business District In the "BAA" Business District no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed or structurally altered which is designed, ar- ranged or intended to be occupied or used for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BAAA" Business District. (42 7) 2. Barber shops. (525) 3. Restaurants. (525) 4. Lodge halls. (525) 5. Telegraph stations. (525) 6. Photograph galleries. (525) 7. Post Offices. (525) 8. Theatres and motion picture houses. (525) 9. Beauty parlors. (525) 10. Music stores and radio stores. (525) 11. Bathing casinos. (525) 12. Hardware stores. (525) 13. Storage of motor cars on the second floor and above, providing access for cars is had through a public alley and not otherwise; only upon approval and permit by the City Council of the City of Miami Beach. (437) (525) or other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enu- merated. SECTION 7. USE REGULATIONS "BA" ' Business District In the "BA" Business District no building or land shall be used and no building shall be hereafter erected, construct- ed, reconstructed or structurally altered which is designed, arranged or intended to be occupied or used for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BAA" Business District. 2. Grocery stores. -4- 3. Meat markets (except the handling of live poultry). (294) 4. (579) (Item deleted) 5. Mortuaries, only upon approval and permit of the City Council of the City of Miami Beach. (306) (333) (522) 6. Night clubs, only upon approval and permit by the City Council of the City of Miami Beach. (390) (522) 7. Locksmith shops, sharpening and grinding shops. (428) (522) 8. Shoe repairing shops, only upon special permit of the City Council. (516) (522) 9. Boats -Charter, Livery, and For -Rent, upon approval and permit by the City Council of the City of Miami Beach, Florida. (579) or any other similar enterprises or businesses, which are not more obnoxious or detrimental to the wolfare of the particular community than the enterprises or businesses herein enu- merated. SECTION 8. USE REGULATIONS "BB" Business District In the ' BB" Business District no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed, or structurally altered which is designed, ar- ranged or intended to be occupied or used for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BA" Business District. 2. (427) (Item eliminated) 3. Public storage garages. 4. Pressing clubs, 5. Storage warehouses. 6. Conservatories. 7. Printing shops. 8. Retail plumbing stores and shops. 9. Service Stations, only upon the approval and permit by the City Council of Miami Beach, Florida. (625) 10. Awning stores. 11. Employment agencies. 12. (516) (Item eliminated) 13. Retail electric and repair shops. 14. Fish markets, only upon approval and permit of the City Council of Miami Beach. (306) (333) 15. Auction sales shall be permitted, only upon approval and permit of the City Council of the City of Miami Beach, in any portion of the "BB" Business District which lies south of the northerly line of Eighth Street in said City of Miami Beach. (641) or any other simi- lar enterprises or businesses, which are not more ob- noxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enumerated. SECTION 9. USE REGULATIONS "BC' Business District In the "BC" District no building or land shall be used and no building shall be hereafter erected, constructed, recon- structed, or structurally altered which is designed, arranged or intended to be usedor occupied for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BB" Business District. 2. Garages for mechanical service. 3. Automobile storage, sale or "Cars for Hire" Lots. 4. Tinsmiths, roofers or plasterers. 5. Hand laundries. 6. Dry cleaning and dyeing establishments. 7. Dance halls. 8. Billiard Parlors. 9. Painting and decorating shops. 10. Cabinet making, carpentry. 11. Wholesale salesrooms and storage rooms. 12. Amusement enterprises which shall include bowling alleys, boxball alleys, skee-ball alleys, shooting galleries, games and devices such as ball throwing at figures, ball rolling, game racks, doll racks, knife racks, hoop throwing and similar amusements, and which also shall include any place of business, the predominant purpose of which is to furnish amusement in return for any- thing of value and any place of business in which there are located more than five (5) games and/or devices of skill or amusement regardless of the nature of the predominant business. 13. Cigar and cigarette making. 14. Artificial flower manufacture. 15. Leather goods manufacture, excluding tanning. 16. Metal working shops. 17. 1 ottling beverages. 18. Bakeries (Wholesale) . 19. Barbecue stands. 20. Contractors plant and storage yards providing the area used is enclosed by a building or by a masonry wall not less than six (6) feet in height. (687) 21. Pawn shops. 22. Auction sales shall be permitted, only upon approval and permit of the City Council of the City of Miami Beach. (641) or other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enu- merated. • SECTION 10. USE REGULATIONS "BD" Business District In "BD" Business District no building or land shall be used and no building shall be hereafter erected, constructed, re- constructed or structurally altered which is designed, ar- ranged or intended to be used or occupied for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BC" Business District. 2. Boat or yacht storage and repair. 3. Building material storage yards. 4. Cast or art stone manufacture. 5. Concrete Block Manufacture. 6. Novelty works. 7. Marine warehouses. 8. Machine shops. 9. Boat slips. 10. Ship chandlery. 11. Blacksmith, gas, steam fitting shops. or other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enu- merated. All the above businesses to be conducted within buildings or within areas enclosed by masonry walls not less than six (6) feet in height. SECTION 11. USE REGULATIONS "BE" Business District In the "BE" Business District no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed, or structurally altered which is designed, ar- ranged, or intended to be occupied or used for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BD" Business District. 2. Oil and/or gasoline storage tanks, subject to approval and permit of the City Council. 3. Live poultry markets and/or slaughtering of poultry. (306) or other similar enterprises or businesses, which are not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses herein enu- merated. All of the above businesses to be conducted within buildings or within areas enclosed by masonry walls not less than six (6) feet in height. SECTION 12. USE REGULATIONS "BF" Business District In the ` BF" Business District no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed, or structurally altered which is designed, ar- ranged or intended to be used or occupied for any purpose, unless otherwise provided for in this ordinance, excepting for one or more of the following uses: 1. Any use permitted in the "BE" Business District. 2. Ship yards and dry docks. 3. Oil and/or gasoline storage tanks. 4. Hazardous industries only upon approval and permit by the City Council of Miami Beach. 5. Any other use, trade or industry which is not likely to become objectionable by reason of the emission of dangerous, unwholesome, foul, nauseous or offensive gases, odors, fumes or other discharges. SECTION 13. USE REGULATIONS "BG" Business District In the "BG" Business District no building or land shall be used and no building shall be hereafter erected, constructed, reconstructed or structurally altered which is designed, ar- ranged or intended to be used or occupied for any purpose, unless otherwise provided for in this ordinance, except for the following use: 1. Unrestricted. SECTION 14. NON -CONFORMING USES The lawful use of land existing at the time of the passage of this ordinance or an amendment thereto, although such use does not conform to the provisions hereof, may be con- tinued; but if such non -conforming use is discontinued, any further use of said land shall be in conformity with the pro- visions of this ordinance. The lawful use of the building existing at the time of the passage of this ordinance or of an amendment thereto may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building, provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to assure the safety of the building, are made therein. If no structural alterations are made, a non -conforming use of the building may be changed to another non -conforming use of a higher restricted classification. The foregoing provisions shall also apply to non -conforming uses in districts hereafter changed. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than fifty (50) percent of its reasonable value by fire, ex- plosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building after restoration. Whenever a non -conforming use of a building has been dis- continued for a period of one (1) year or more, such non- conforming use shall not thereafter be re-established, and the future use shall be in conformity with the provisions of this ordinance; provided, however that any use of any land -5- or buildings in which a non -conforming use exists as herein- above provided, by any branch of the military service of the United States of America, during a state of war, shall not be deemed, or held to be, an abandonment, or discontinuance, of the non -conforming use thus vested in said land (655) SECTION 15. (447) (518) In all Use Districts, hereinafter designated, every braiding hereafter erected, constructed, reconstructed or structurally altered shall provide a lot area and/or a floor area per family of not less than the following: 1. "RAA" Estate District, 40,000 sq. ft. lot area per family. 2. "RA" Estate District, 30,000 sq. ft. lot area per family. 3. "RB" Estate District, 18,000 sq. ft. lot area per family. 4. "RC" Estate District, 10,000 sq. ft. lot area per family. 5. "RD" Single -Family District, 6,000 sq. ft. lot area per family. 6. "RDD" Modified Single -Family District, 6,000 sq. ft. of lot area per family for single family dwellings. No such dwellings shall have less than four hundred (400) sq. ft. of floor space. 5,000 sq. ft. of lot area per family for two-family dwellings. No such dwelling shall have less than four hundred (400) sq. ft. of floor area for each family unit. 7. "RDE" Restricted Multiple -Family District: (518) a. Single-family dwellings shall provide twenty-eight hundred (2800) sq. ft. of lot area per family. No such dwelling shall have less than four hundred sq. ft. of floor area. b. Two-family dwellings shall provide sixteen hundred (1600) sq. ft. of lot area per family; and there shall in no case be less than ten (10) feet between buildings. No such dwellings shall have less than four hundred (400) sq. ft. of floor area for each family unit. c. Apartment buildings shall provide a floor area of not less than four hundred (400) sq. ft. within the limiting walls of any family unit. d. Bungalow or house courts shall provide not less than twenty-eight hundred (2800) sq. ft. of lot area per family unit, and there shall be not less than ten (10) feet between buildings. No family unit shall provide less than four hundred (400) sq. ft. of floor area. There shall be an outer court with a minimum width of ten (10) feet and a minimum area of thirty (30) per cent of the gross lot area, so arranged as to provide ingress and egress to and from all units. 8. ` RE" Multiple -Family District: a. Single-family dwellings shall provide twenty-eight hundred (2800) sq. ft. of lot area per family. No such dwelling shall have less than four hundred (400) sq. ft. of area. b. Two-family dwellings shall provide sixteen hundred (1600) sq. ft. of lot area per family and there shall in no case be less than ten (10) feet between buildings. No such dwelling shall have less than four hundred (400) sq. ft. of floor area for each family unit. c. Multiple -Family- dwellings shall provide a floor area of not less than four hundred (400) sq. ft. within the limit- ing walls of any family unit. d. Bungalow or house courts shall provide a minimum of not less than twenty-eight hundred (2800) sq. ft. of lot area per family and there shall in no case be less than ten (10) feet between buildings. No unit shall provide less than four hundred (400) sq. ft. of floor area. There shall be an outer court with a minimum width of ten (10) feet and a minimum area of not less than thirty (30) percent of the gross lot area, so arranged as to provide ingress and egress to and from all units. 9. "BAAA", "BAA", "BA'','"BB', "BC", ` BD", "BE", "BF" and "BG" Business Districts. a. There shall be provided adjacent to Multiple or Single -Family occupancies to be located in Business Districts, a set -back from the side lot lines, open] on at least one end to a street, alley or other equivalent permanently unoccupied space or to a yard having a width of not less than five (5) feet and permanent access to such street, alley or other equiv- alent permanently unoccupied space. Such set -back shall begin at the floor level at which such Multiple or Single Family occupancies first occur, shall be unobstructed to the sky, except as otherwise provided for projections from build- ings in the Zoning Ordinance and shall be not less than five (5) feet in width continuous for at least sixty (60) percent of the lot depth. Where courts are provided in the interior of the building and are adjacent to ;all of such Multiple or Single Family occupancies having an unobstructed width of not less than ten (10) feet and open full width on at least one end to a street, alley or other equivalent permanently unoccupied space, or to a, yard having a width of not less than twenty (20) feet and permanent access to such street, alley or other equivalent, permanently unoccupied space, the provisions of this Sub -section relating to set -backs from the side lines shall not apply. (610) b. Where buildings for business occupancy are set back from interior lot lines, such setback shall in no case be less than twenty-eight (28) inches and it shall be continuous on• at least one end to a street or alley. 10. In all "RC" Estate Districts, every residence hereafter constructed shall provide a minimum cubic foot content of 25,000 cubic feet, exclusive of porte-cocheres, open terraces and/or similar features. (563) 11. In all "RD" Single Family Districts, each residence hereafter constructed shall provide a minimum cubic foot content of 16,000 cubic feet, exclusive of porte-cocheres, open terraces and/or similar features. (563) SECTION 16. AREA REGULATIONS In all Area Districts, hereinafter designated, there shall be front, rear and side yards provided of not less dimensions than specified as follows: DISTRICT NO. 1. No restrictions. DISTRICT NO. 2. There, shall, be a front yard having a depth of not less than one hundred (100) feet when measured from any waterway, bay or ocean. There shall be a rear yard having -a depth of not less than fifty (50) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 3 There shall be a front yard having a depth of not less than one hundred (100) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than twenty-five (25) feet when measured from the street line.. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 4 There shall be a front yard having a depth of not less than sixty-five (65) feet 'when measured from any waterway, bay' or ocean. There shall be a rear yard having a depth of not less than ten (10) feet when measured from the street line. There shall be a side yard having ,a width of not less than five (5) feet oneither side of a building. DISTRICT NO. 5 There shall be a front yard having a depth of not less than forty (40) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than ten (10) feet when measured from the street line. There shall be • a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 6 There shall be a front yard having a depth of not less than forty (40) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than thirty (30) feet when measured from, the street line. There shall be \ a side yard having a width of not less five (5) feet on either side of a building. DISTRICT NO. 7. There shall be a front yard having a depth of not less than forty (40) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than twenty-five (25) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 8 There shall be a front yard having a depth of not less than forty (40) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than twenty (20) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT; NO. 9. There shall be a ;front yard having a depth of not less than fifteen (15) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than ten (10) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 10. There shall be a front yard having a depth of not less than twenty-five (25) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than fifteen (15) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 11. There shall be a front yard having a depth of not less than forty (40) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 12. There shall be a front yard having a depth of not less than thirty (30) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 13. There shall be a front yard having a depth of not less than twenty-five (25) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. Buildings on lots fronting or abutting on the southern side of Collins Canal from the alley east of Alton Road to the alley west of Meridian Avenue will not require a front yard nor will they require a side yard along the canal. DISTRICT NO. 14. There shall be a front yard having a depth of not less than twenty (20) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 15. There shall be a front yard having a depth of not less than fifteen (15) feet on lots facing Collins Avenue, Indian Creek Drive or on the ocean. On lots facing on the streets connecting said Avenue and Drive this front yard shall have a depth of not less than five (5) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 16. There shall be a front yard having a depth of not less than, fifteen (15) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 17. There shall be a front yard having a depth of not less than ten (10) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. Provided, however, that in business districts corner lots shall not require a side yard on the side of the lot abutting on the street side. (425) In the area lying between Collins Avenue and Miami Beach Drive and between 24th and 26th Streets, both Collins Avenue and Miami Beach Drive shall be considered as front. (382) DISTRICT NO. 18. There shall be a front yard having a depth of not less than five (5) feet. DISTRICT NO. 19. There shall be a rear yard having a depth of not less than five (5) feet provided, however, on a lot whose rear abuts on a street, waterway oralley, no rear yard will + be required, and provided further that where any building is to be constructed allowing no rear yard, adequate provisions shall be made within the building for the storage and handling of garbage cans and refuse. Lots zoned for business uses which adjoin lots zoned for residential uses shall provide a five (5) ft. side yard on the side adjoining the residential lot. (447). On the West side of Collins Ave- nue between 19th Street and 24th Street, there shall be a set back from Collins Avenue having a depth of not less than (7'/2) feet seven and one-half feet. (742) DISTRICT NO. 20. There shall be a front yard having a depth of not less than thirty (30) feet measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than thirty (30) feet measured from the street line. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. DISTRICT NO. 21. There shall be a front yard having a depth of not less than thirty (30) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than twenty (20) feet when meas- ured from the street line. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. DISTRICT NO. 22. There shall be a front yard having a depth of not less than twenty (20) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. DISTRICT NO. 23. There shall be a front yard having a depth of not less than ten (10) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. DISTRICT NO. 24. There shall be a front yard having a depth of not less than five (5) feet. There shall be a rear yard having a depth of not less than five (5) feet. There sholl be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 25. There shall be a front yard having a depth of not less than fifty (50) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building. DISTRICT NO. 26. There shall be a front yard facing Pine Tree Drive having a depth, of not less than twenty-five (25) feet. There shall be a rear yard having a depth of not less than twenty (20) feet, and there shall be a side yard having a width of not less than five (5) feet on either side of a building. (348) DISTRICT NO. 27. There shall be a front yard having a depth, of not less than twenty-five (25) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than seven and one-half (71/2) feet on either side of a building. (348) —7— DISTRICT NO. 28. There shall be a front yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building, provided, however, that corner lots shall not require a side yard on the side of the lot abutting on the side street. No rear yard will be required in this district, provided, however, that arrangements satisfactory to the Building Inspector shall be provided within the lot area for the storage of garbage and trash. (352) DISTRICT NO. 29. There shall be a front yard having a depth of not less than twenty-five (25) feet when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than ten (10) feet. There shall be a side yard on each side of a building having a width of not less than ten (10) feet when measured from any street line and having a width of not less than five (5) feet when measured from any adjoining lot. (373) DISTRICT NO. 30. There shall be a front yard having a depth of not less than ten (10) feet when measured from any street line. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard on each side of a building having a width of not less than ten (10) feet when measured from any street line and having a width of not less than five (5) feet when measured from any adjoining lot line. (373) DISTRICT NO. 31. There shall be a front yard facing Pine Tree Drive, having a depth of not less than twenty-five (25) feet. There shall be a rear yard having a depth of not less than ten (10) feet and there shall be a side yard on each side of a building having a width of not less than ten (10) feet when measured from any street line and having a width of not less than five (5) feet when measured from any adjoining lot line. (398) DISTRICT NO. 32. There shall be a front yard having a depth of not less than forty (40) feet, when measured from any waterway, bay or ocean. There shall be a rear yard having a depth of not less than twenty (20) feet, when measured from the street line. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. (435) DISTRICT NO. 33. There shall be a front yard having a depth of not less than fifteen (15) feet. There shall be a rear yard having a depth of not less than five (5) feet and there shall be a side yard having a width of not less than seven and one-half (71/2) feet on either side of a building. (481) DISTRICT NO. 34. There shall be a front yard having a depth of not less than twenty (20) feet and there shall be a rear yard having a depth of not less than ten (10) feet. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. (489) DISTRICT NO. 35 There shall be a front yard having a depth of not less than fifty (50) feet. There shall be a rear yard having a depth of not less than ten (10) feet. There shall be a side yard having a width of not less than ten (10) feet on either side of a building. (489) DISTRICT NO. 36. There shall be a front yard having a depth of not less than fifteen (15) feet. There shall be a rear yard having a depth of not less than five (5) feet. There shall be a side yard having a width of not less than five (5) feet on either side of a building, provided, however, that corner lots shall not require a side yard on the side of the lot abutting on the side street. (514) DISTRICT NO. 37. There shall be a yard having a depth of not less than twenty (20) feet when measured from any waterway, bay or ocean. There shall be a yard having a depth of not less than twenty (20) feet when measured from the street line. There shall be a side yard having a width of not less than five (5) feet on either side of a building. (518) Any land or premises not shown within the boundaries of any use, height or density districts within the City of Miami Beach, or which may hereafter he annexed to the City of Miami Beach, shall be considered to be the "RD" Single - Family District. and Area District No. 13. (606) —8 -- SECTION 17. (447) GENERAL PROVISIONS 1. AREA RESTRICTIONS: "RA ' RB""RC" a. In the "RAA",, and RD " Single - Family Districts and the "RDD" Modified Single -Family District, accessory buildings shall not occupy in the aggregate more than thirty (30) percent of the maximum yard area. b. Lot areas or dimensions shall not be so reduced or diminished that the yards or open spaces shall be smaller than those provided by this ordinance, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations hereby established for the Distric in which the building is located. c. No dock, wharf, dolphin or structure of any kind shall be erected, constructed or reconstructed, so as to ex- tend into Biscayne Bay, a distance greater than twenty-five (25) feet, or so as to extend into Indian Creek, a distance greater than fifteen (15) feet or so as to extend into Collins Canal a distance greater than three (3) feet, or so as to extend into any other waterway in the City of Miami Beach a distance greater than five (5) feet, except that with special permission of the City Council, docks wharves, dolphins or similar structures may extend from a business or multi le - family lot into Biscayne Bay, a distance not p hundred twenty-five (125) feet. No greater than one wharf, dolphin or structure shall be higher than any sucho (2) dock, above the top of the adjoining seawall or the establi h et grade for the sea wall if none exists. (584) ed d. This ordinance shall not be construed to prevent the construction of a building on any lot of record at the time of passage of this ordinance, notwithstanding that such lot may have a lesser area than is required in the particular area district in which it is situated. e. In the "RAA", "RA", "RB", "RC", ` RD" Single - Family Districts, "RDD" Modified Single -Family District, "RDE" Restricted Multiple -Family District, and in the "RE" Multiple -Family District, no accessory building shall be con- structed except concurrently with or subsequent to the con- struction of the main building. (518) 2. WALLS AND FENCES a. In the "RAA" and "RA" Estate Districts, walls may erected, constructed, reconstructed or structurally altered, provided, however, that such wall or walls shall not exceed ten (10) feet in height above grade. b. In the "RB" and "RC" Estate Districts, walls may be erected, constructed, reconstructed or structurally altered, providing, however, that such wall or walls shall not exceed six (6) feet in height above grade. c. In the ` RD" Single -Family District and the "RDD" Modified Single -Family District walls may be erected, con- structed reconstructed or structurally altered, provided, how- ever, that such walls shall not exceed five (5) feet in height above grade. d. In the area bounded on the North by the South line of Lot "A" INDIAN BEACH CORPORATION SUBDIVI- SION as recorded in Plat Book 8 on Page 61 of the Public Records of Dade County, Florida, on the South by the South line of FISHER'S FIRST SUBDIVISION OF ALTON BEACH as recorded in Plat Book 2 on Page 77 of the Public Records of Dade County, Florida, on the West by Collins Avenue and on the East by the Atlantic Ocean, walls may be erected, constructed, reconstructed or structurally altered, provided, however, that such walls shall not exceed seven (7) feet in height above grade. e. In all other districts, except as otherwise specified, walls shall not exceed five (5) feet in height above grade. f. A wall may extend from a building or other wall to a lot line in front, rear or side yard, provided that it does not exceed in height, the restriction for that district, and provided further, that there shall be a minimum opening of three (3) feet provided in such wall or walls for access through the side yards. Openings as required above may have operative gates, not exceeding in height, that allowed for walls in that district, except as follows: g. Ornamental entrances, fountains, rotisseries, flower - bins and similar architectural features, exceeding the wall height restriction will be permitted, provided: that no such feature shall exceed in height, the wall height restriction for that district plus three (3) feet and shall in no case exceed ten (10) feet above grade; that no such feature shall exceed in width, exclusive of supporting wall, one-half (1/2) the wall's height restriction for that district; that no such feature shall exceed in length at grade, the wall height restriction for that district, plus ten (10) feet; that no such feature shall exceed in length at the allowed wall height, the specified height, plus five (5) feet; that there shall be only one such feature in any front, side or rear yard, except that on lots seventy-five (75) feet or more in width, there may be two (2) entrance gates; that there shall be at least ten (10) feet between any such feature and any part of any building on the same lot, measured at right angles from the feature; that such features shall not restrict passage through front, rear or side yards to less than twenty-eight (28) inches in any place. h. Hedges of living vegitation may be kept and main- tained in the districts described in sub -paragraphs a, b, c, d, e, and f of Sub -section (2) of Section 17 of Ordinance No. 289, as amended, with the same limitations, however, as to height thereof, as is provided for in these said sub -paragraphs a, b, c, d, e, and f for walls in said districts, and with the further limitations of the maintenance and height thereof as is contained in sub -paragraph "g" of said sub -section (2) of said Section 17 of said Ordinance No. 289, as amended. (607) 3. PROJECTIONS INTO YARD AREAS: a. Chimneys may project into side and rear yards a distance not to exceed twenty-four (24) inches, provided that a clear space of not less than twenty-eight (28) inches is left between such projection and the lot line adjacent. The horizontal dimension of the chimney at right angles to the projection shall not exceed six (6) feet. b. No steps or platforms over thirty-six (36) inches in height above grade shall extend into side, rear or front yards. Steps or platforms not exceeding thirty-six (36) inches in height may be railed, provided that such railing shall not exceed in height above grade, that specified for walls in that district, and further, that there shall be a clear, un- obstructed passage of not less than twenty-eight (28) inches between such projection and the lot line adjacent. Platforms or terraces not exceeding thirty-six (36) inches in height may extend across side and rear yards, provided that there shall be ramps or steps at least thirty-six (36) inches wide on opposite sides to provide unobstructed passage over such projections. c. Area -ways, steps to basements and similar features will be permitted in side and rear yards, providing that no part of such feature shall exceed in height, thirty-six (36) inches above grade and that the projection shall not exceed twenty-four (24) inches, and provided further that there shall be a clear, unobstructed passage of not less than twenty-eight (28) inches between such features and the lot line adjacent. Steps, extending not more than four (4) feet from the main building and not more than thirty-six (36) inches in height above grade, leading to the basement or ground floor may be constructed in the side yard on the street side of a corner lot. d. Open -type, metal fire -escapes may project forty- eight (48) inches into side and rear yard areas, provided that the bottom run shall be counterbalanced and that when the bottom run is up there shall be at least nine (9) feet of clear headroom below it. The bottom run shall be adjacent to the building and shall be so arranged that when down, there shall be at least twenty-eight (28) inches of clear, unobstructed passage between it and the lot line adjacent. e. No main walls of any building shall encroach on the yard areas, but architectural features sucli as canopies, open balconies, cornices, eaves, etc. may project into side and rear yards not more than twenty-four (24) inches and there shall be not less than seven (7) feet of clear headroom under any such projection. Similar features may project not over forty- eight (48) inches into front yards, provided that there shall be a minimum of eight (8) feet of clear headroom under any such projection. f. Open terraces projecting into front yards shall not exceed in height two (2) feet above grade and the railing of such terrace shall in no case be more than three (3) feet above the terrace. Where necessary to provide access through the side yards, terraces shall be provided with steps or ramps and gates, not less than thirty-six (36) inches in width. g. On lots fifty (50) feet or less in width, a porte- cochere which is not more than eighteen (18) feet in length may project over any side or rear yard, provided, however, that such porte-cochere does not exceed one (1) story in height, that the supporting columns shall not exceed two (2) feet in any cross-sectional dimension and that it shall be open, full width both front and rear. 4. MOVABLE MATERIALS: a. In business districts no merchandese, debris, trash, garbage, lumber, bones, waste paper, or other movable mate- rials, shall be put, placed or store dwithin twenty (20) feet of any private property not zoned for business use, except within a main or accessory building. SECTION 18. ADMINISTRATION. It shall be the duty of the Building Inspector to enforce this ordinance. SECTION 19. CERTIFICATE OF OCCUPANCY a. A Certificate of Occupancy, either for the whole or a part of a new building or for alteration of an existing build- ing, shall be applied for coincident with the application for a building permit and shall be issued within three (3) days after the erection or alteration of such building or part shall have been completed in conformity with the provisions of this ordinance. b. A Certificate of Occupancy for the use or occupancy of vacant land, or for a change in the use of land, or for a change in the use of an existing building, shall be applied for and issued before any such land shall be occupied or used, or changed in use, and such certificate shall be issued within three (3) days after application has been made, provided such proposed use is in conformity with the provisions of this ordinance. c. No vacant land shall be occupied or used, and no structure hereafter erected, constructed, reconstructed or structurally altered shall be used or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector. d. A like Certificate shall be issued for the purpose of maintaining, renewing, changing or extending a non -conform- ing use, existing at: the time of the passage of this ordinance; and such Certificate shall state that the use does not con- form with the provisions of this ordinance. For the purpose of complying with this requirement, the Building Inspector shall mail such Certificate to the occupants or owners of all such property within thirty (30) days after the passage of this ordinance. e. A record of; all Certificates of Occupancy shall be kept on file in the office of the Building Inspector, and a copy shall be furnished on request to any person having a proprie- tary or tenancy interest in the building or land affected. SECTION 20. INTERPRETATION, PURPOSE AND CONFLICT In interpreting and applying the provisions of this ordi- nance they shall be held to be the minimum requirements for the promotion of the; health, safety, morals or general wel- fare of the community. It is not intended by this ordinance to interfere with, abrogate or annul any easements, covenants or other agreements between parties, provided, however, that where this ordinance imposes a higher standard upon the use of buildings or premises, or requires larger open spaces than are imposed or- required by other ordinances, rules, regula- tions or by easements, covenants or agreements, the provi- sions of this ordinance shall control. —9— SECTION 21. CHANGES AND AMENDMENTS Upon its own initiative, or upon the petition of the owners of a majority of frontage in any area, the City Council may, after having held a public hearing following at least fifteen (15) days notice of a time, place and object of such hearing published in an official paper, or a paper of general circula- tion in said City of 1Vliami Beach, amend, supplement, change, modify or repeal the regulations and boundaries herein estab- lished, provided, however, that no amendment shall become effective except by the favorable vote of five -seventh (5/7) of all of the members of the City Council. The provisions relative to public hearings and official notices shall apply equally to all changes or amendments. (742) SECTION 22. ADJUSTMENTS, PURPOSE, JURISDICTION AND APPROVAL A Board of Adjustment is hereby established. The word "Board" when used in this ordinance shall be construed to mean the Board of Adjustment. The Board shall consist of five (5) members appointed by the City Council, each for a term of three (3) years. Where there are practical difficulties or unnecessary hard- ships in the way of carrying out the strict letter of this ordinance, the Board of Adjustment shall have the power in passing upon appeals, to vary or modify any regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. Meetings of the Board shall be held at least once monthly, or at such other times as the Board may determine, or upon call of the chairman. All meetings of the Board shall be open to the public. The Board shall adopt its own rules or procedure and keep minutes of its proceedings showing its action on each question considered. All records of the Board and its official actions shall be filed in the office of the Board and shall be a public record. An appeal from the decision of the Administrative Offices may be taken to the Board of Adjustment by any person ag- grieved, or by any officer, department or board of the City affected by such decision. The Board shall also hear and decide all matters referred to it, or upon which it is required to pass. The Board shall prescribe by general rule, a reasonable time within which a notice of appeal shall be filed with the Board specifying the grounds thereof, and the officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the records upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certified to the Board of Adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property, in case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal taken within the time specified by its rules, give public notice thereof as well as due notice to the parties in interest, and decide sane within a reasonable time. Upon the hearing, any person may appear in person or by agent or by attorney. SECTION 23. VALIDITY AND PENALTY Should any section, clause or provision of this ordinance be declared by the Court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this ordinance shall be punished by a fine of not less than Five Dollars ($5.00) , nor more than Fifty Dollars ($50.00), or be imprisoned in the City Jail for not more than Thirty (30) Days, or both, in the discretion of the Court. Each day that a violation is permitted to exist shall constitute a separate offense. All ordinances or parts of ordinances in conflict herewith or inconsistent with the provisions of this ordinance are here- by repealed. BE IT FURTHER ORDAINED that this ordinance shall take effect immediately after its passage, approval and post- ing, as provided by law. PASSED AND ADOPTED this 3rd day of December, A.D. 1930. ATTEST: (SEAL) President of City Council (Signed) JOHN H. LEVI, (Signed) C. W. TOMLINSON, City Clerk APPROVED BY ME this 3rd day of December, A.D. 1930. (Signed) LOUIS F. SNEDIGAR, Mayor First Reading, November 19th, 1930. Second Reading, November 19th, 1930. Third Reading, December 3rd, 1930. Posted, December 18th, 1930. AND AS AMENDED 306, 307, 308, 347, 348, 349, 381, 382, 383, 397, 398, 399, 434, 435, 436, 480, 481, 482, 516, 518, 519, 563, 564, 565, 602, 606, 607, 731, 735, 736, 328, 333, 350, 352, 385, 386, 408, 417, 437, 442, 487, 489, 522, 525, 569, 572, 610, 625, 742 included BY ORDINANCES 339, 340, 341, 342, 353, 354, 355, 357, 388, 389, 390, 392, 419, 423, 425, 427, 447, 453, 455, 463, 490, 491, 492, 493, 533, 547, 554, 556, 573, 579, 584, 586, 641, 655, 672, 687, herein. 291, 294, 343, 344, 366, 373, 393, 395, 428, 432, 466, 473, 507, 514, 557, 560, 594, 596, 689, 699, 300, 345, 374, 396, 433, 474, 515, 561, 597, 730, Note: The numbers of amending ordinances are shown in brackets following or adjoining the subject matter affected. 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