Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Ordinance 289
ZONING ' S ti 26"- ORAT(O i I 1 T� CITY OF MIAMI BEACH FLORIDA { r I 1 ORDINANCE NO. 289 Zoning Ordinance of Miami Beach, Florida AN ORDINANCE TO REGULATE AND RESTRICT character of the district and its peculiar suitability for • THE ERECTION, RECONSTRUCTION, ALTERA- particular uses,and with a view to conserving the value TION, LOCATION AND USE OF BUILDINGS, of buildings and encouraging the most appropriate use STRUCTURES,LAND AND WATER,FOR TRADE, of land throughout said City in accordance with a com. INDUSTRY,RESIDENCE,OR OTHER PURPOSES; prehensive plan: TO REGULATE AND RESTRICT THE SIZE OF NOW,THEREFORE, BE 1T ORDAINED b the Cit BUILDINGS AND OTHER STRUCTURES HERE- Y Y ; AFTER ERECTED OR ALTERED,THE SIZE AND Council of the City of Miami Beach,Florida: DIMENSIONS OF YARDS,COURTS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO SECTION 1. i REGULATE AND RESTRICT BUILDING LINES DEFINITIONS: For the purpose of this Ordinance, AND THE PERCENTAGE OF LOT THAT MAY BE certain terms and words are herein defined. Words used j OCCUPIED, AND THE DENSITY OF POPULA- in the present tense include the future; the singular TION, AND FOR SAID PURPOSES TO DIVIDE number includes the plural,and the plural the singular; THE CITY OF MIAMI BEACH INTO DISTRICTS the words"used for"include the meaning"designed for"; OF SUCH NUMBER,SHAPE AND AREA AS MAY the word "structure" includes the word "building"; j BE DEEMED BEST SUITED TO CARRY OUT the word "shall" is mandatory, and not directory; the a THESE REGULATIONS. AND FOR EACH SUCH word "lot"includes the words "plot" and"tract." DISTRICT TO IMPOSE REGULATIONS AND RE- ACCESSORY BUILDING: A subordinate building,or STRICTIONS DESIGNATING THE KINDS OR portion of the main building, which is located on the I CLASSES OF TRADES, INDUSTRIES, RESI. same lot as the main building or on an adjacent lot,the DENCES OR OTHER PURPOSES FOR WHICH use of which building is clearly incidental to the use of BUILDINGS OR OTHER STRUCTURES OR PREM. the main building. ISES MAY BE PERMITTED TO BE ERECTED, ALTERED OR USED; TO PROVIDE A METHOD ACCESSORY USES: Uses customarily incident to the FOR AMENDMENT, SUPPLEMENT, CHANGE, principal uses as permitted,but not including any com- MODIFICATION AND REPEAL OF REGULA. mercial activity. j TIONS, RESTRICTIONS AND BOUNDARIES; TO ALLEY: Any roadway,place or public way dedicated PROVIDE A METHOD OF ADMINISTRATION; to public use and twenty(20)feet or less in width,unless ! TO PROVIDE A BOARD OF ADJUSTMENT AND otherwise officially designated as a street. PRESCRIBE ITS POWERS AND DUTIES,AND TO i PRESCRIBE PENALTIES FOR TILE VIOLATION APARTMENT: A.dwelling designed for occupancy OF THE PROVISIONS OF THIS ORDINANCE AND otherwise than as a one-family dwelling,or a two-family i ALSO PROVIDE FOR ITS ENFORCEMENT. dwelling. The term "Multiple Dwelling"shall be under- j stood to include apartment houses, bungalow courts,and WHEREAS,by the provisions of Chapter 9837,No.719 all other family dwellings of similar character,but not Special Laws o1 Florida 1923 authority is conferred upon to include hotels or apartment hotels. the City of Miami Beach to establish districts or zones within its corporate limits for the purpose of regulating APARTMENT HOTEL: An apartment building,under t the use of land and buildings,the height of buildings,the resident supervision, which maintains an inner lobby size of open spaces surrounding buildings and density of through which all tenants must pass to gain access to the population,and apartments and which may furnish dining room service. i WHEREAS, the City Council of the City of Miami BUILDING: Anything constructed or erected,the use Beach deems it necessary in order to lessen congestion in of which demands a permanent location on the land; or the streets: to secure safety from fire, panic and other anything attached to something having a permanent lo- dangers: to promote health and general welfare: to pro- cation on the land. I vide adequate light and air:to prevent the overcrowding of land: to avoid undue concentration of population: to BUNGALOW COURTS: (House Courts): A "Bunga- facilitate the adequate provisions of transportation, low Court"or" House Court"is a group of two or more water,sewerage,schools,parks and other public require- single-family dwellings on one or more adjoining lots, f ments, to make and promulgate such regulations with having a separate outside entrance on the ground floor reasonable consideration, among other things, to the level for each single-family dwelling. 1 4 _ USE DISTRICT MAP Plate 5 CLUB,PRIVATE: The term"Private Club"shall per- LOT,DEPTH: The depth of a lot,for the purposes of twin to and include those associations and organizations this ordinance is the distance measured in the mean di- of a fraternal or social character,not operated or main- rection of the side lines of the lot from the midpoint of tained for profit. "Private Clubs"shall not include ca- the street lot line or bulkhead line,to the opposite main — sinos, night clubs, or other institutions operated as a rear line of the lot. ❑ �\ business. , LOT LINES: The lines bounding a lot as defined l �I ❑ �� 'Q \ COURT: An open, unoccupied, unobstructed space, herein. I ❑ 0 �% other than a yard,on the same lot as a building. Trees or shrubs may be used in a conn LOT WIDTHS: The width of a lot,for the purposes of ❑ I ❑ j ❑ �`��a O this ordinance,is its mean width measured at right angles F COURT, INNER: A court not extending to a street to its depth. ❑ ❑ o ❑ \ (1; or alley or to a front,aide or rear yard. MIXED OCCUPANCY: Occupancy of a building or y !1 `mss COURT, OUTER: A court extending to a street or land for more than one use. T: alley or to a front aide or rear yard, NON-CONFORMING USE; A building or land Deco- ❑ ❑ ❑ A \os DWELLING,MULTIPLE-FAMILY: See Apartment pied by a use that does not conform with the regulations C7 DWELLING,ONE-FAMILY; A detached building de- or the use district in which it is situated. signed for or occupied exclusively by one family. PLACE: An open,unoccupied public space other than sAn'MA.no a street or alley,permanently reserved for purposes of Q \vim! �Jr41b �� \ FAMILY: One or more persons occupying premises joint access to abutting property. \ `0 and living as a single housekeeping unit,as distinguished from a group occupying a boarding house,a lodging house PORCH: A roofed space open on three sides,one or or hotel,as herein defined, two stories in height. GARAGE,MECHANICAL: Any premises,except those SERVICE STATION: A building where gasoline, oil + O described as a private or storage t 6 P g garage,where automo- and greases are supplied and dispensed to the motor ve- � Q tive vehicles are mechanically repaired, rebuilt or re- hicle trade, also where battery, tire and other similar n z constructed. r a t a V 0 services are rendered. i GARAGE,PRIVATE: A garage in which no business, SETBACK: The minimum horizontal distance between � r� � , f service or industry connected directly or indirectly with the street line and the front line of the building or any I'I ~' 0 p a�j 5 f motor vehicles is carried on \ f projection thereof excluding steps and terraces. � o GARAGE,STORAGE: Any premises,except those de- STREET: A thorofare which affords principal means A f� f \ scribed as a private garage,used for the storage only of of access to abutting property. � � � _ CQ automotive vehicles,or where any such vehicles are kept STRUCTURE: Anything constructed or erected, the for remuneration,hire or sale. v I use of which requires more or less permanent location on '/ —"----• \ car GASOLINE AND OIL FILLING STATIONS: A strut- the land,or attached to something having a permanent �. tu" place where gasoline,oil and greases are supplied location on the land. and dispensed to the motor vehicle trade, but no tires STRUCTURAL ALTERATIONS: An change,except changed, repair work er service y g P performed, for repair or replacement,in the supporting members of G� GOLF COURSE: The standard size golf course hav- a building, such as bearing walls, columna, beams or Go, Ing nine,eighteen or more holes Installed on tracts hav- girders. /� [11H 'r Ing an area greater than forty (40) acres. YARD: An open space on the same lot with a building, HOTEL: A building or premises where lodging accom- r unoccupied and unobstructed from the ground upward, 9b Enm e rtr c vin except as otherwise provided herein. modations of more than five(5)rooms are provided,with q or without meals, YARD,FRONT: An unoccupied area between the front r / property line(either street or bulkhead of any waterway) 46- C ! ; IAT: A parcel of land fronting on a street,place,way and the front line of any main or accessory building, or waterway,which is or may be occupied by a building measured at its least dimension and extending from one and its accessory buildings,including the open spaces re- side yard to the other. / sy�.1 'te qulred ander this,ordinance,and which parcel of land is —.�/ - ro a matter of record in Dade County,Florida, YARD, REAR: An unoccupied area extending across ` 1 1'ac.¢7- /al the full width of the lot between the rear line of any + MA," LOT,CORNER A lot abutting on two or more streets main or accessory building and the rear line of the lot, at their intersection. and measured at its least dimension, LOT,INTERIOR: A lot other than a corner lot, YARD,SIDE: An unoccupied area between a main or accessory building and the side line of the lot and extend- o LOT,THROUGH: An interior lot having frontage on ing from the street line to the rear yard measured at its two streets, least dimension. ' I I wffleamkL i Plate 5 AREA DISTRICT MAP 6 j SECTION 2. hereafter be erected,constructed,reconstructed or strut. turally altered which is designed, arranged or intended DISTRICTS to be occupied or used for any purpose other than a sin- In order to regulate and restrict the location of trades gle-family residence,together with its accessory building,, } 1 I �� and in accord with the area provisions as hereinafter and industries and the location of buildings erected,con- f \1 23 ,N , structed, reconstructed or structurally altered for spe- defined, l /' d cific uses,and to regulate the size of buildings and other SECTION 4.Jr�J structures hereafter erected or altered, to regulate and USE REGULATIONS determine the size and dimensions of yards, courts and other open spaces and to regulate and limit the percentage Single-Family District of lot that may be occupied and the density of population, In the"RD"Single-family District no building or land 'T< the City of Miami Beach,Florida,is hereby divided into shall be used and no building shall be hereafter erected, i _ \ a use and area districts as follows: constructed, reconstructed or structurally altered which j ? , is designed,arranged or intended to be used or occupied i Use Districts I ky / for any purpose unless otherwise provided for,excepting for one or more of the following uses: q4 y 1.RAA,RA,RB and RC Estate Districts. 2.RD Single-family District. (1) Any use permitted in the"RC"Estate District. 04W, 3.RE Multiple-family District. (2) Single-family dwellings, j 3 �w A ro O 4. BAA,BA, BB,BC, BD, BE, BF and BG Business (3) Parks,playgrounds or municipal buildings,owned Districts. and operated by the City of Miami Beach. a-uoe (4) Golf Courses. t Area Districts (5) Accessory buildings,including a private garage. Area Districts numbered 1 to 25 inclusive: SECTION 5. j a+ C� The Cit of Miami Beach, Florida, is hereby divided y Y USE REGULATIONS i into use and area districts aforesaid,and the boundaries Multiple-Family District of such districts are shown on the use and area maps attached hereto,which,together with'the legends,words, In the "RE" Multiple-family District, no building or i 0 0 r�)jG l• figures, letters, symbols and other explanatory matter land shall be used and no building shall be hereafter j <: thereon,shall be made parts of this ordinance as if the erected,constructed,reconstructed or structurally altered matters and information set forth thereon were all fully which is designed, arranged or intended to be used for r \ described herein. any purpose, unless otherwise provided for in this ordi- r� •. 2 120 nance,except for one or more of the following uses: This ordinance shall be known as the "Zoning Ordi- nance of Miami Beach, Florida" and the maps hereto (1) Any use permitted in the "RD" Single-family v � \c'c.r, attached designated as the "District Maps." District. i t t s or dwellings apartments n ac. Multiple-family g � No building shall be erected,constructed,reconstructed (2) i ! or structurally altered, nor shall any building or land cord with the area provisions hereinafter defined, accessory buildings. � ►r+HwL oti be used for any purpose other than the use permitted hR.NwAL (3) Hotels. ce. � in the Use District in which such building or land is j i located (4) Hotels with one hundred (100) or more guest rooms may contain business establishments of No lot area shall be so reduced or diminished that the t/' + the "BAA" classification providing the exterior En n a r M, c vAn yards or other open spaces shall be smaller than pre- of the building shall not contain store fronts or Vii scribed by this ordinance,nor shall the density of popu- have the appearance of commercial or mercan- o`�a' \\ 0 lation be increased in any manner except in conformity tile activities or any display of articles or serv- 1 hFtc �/ with the area regulations herein established, and shown ices for sale which are visible from the exterior l on the Area Map. of the building or on the grounds facing a public it, Every building hereafter erected, constructed, recon- highway or water frontage, and providing fur- yJ�— -IleY structed or structurally altered shall be located on a lot that that businesses established under the provi- _��- re / as herein defined, and in no case shall there be more signs of this section shall only be entered from -4 than one building on one lot except hereinafter within the building. B p provided g• ' + "A A5 �. for. ( ) Private clubs. (6) Bungalow or house courts. SECTION 3. (7) Apartment hotels. Provision for exterior ap- J� pearances to be the same as provided in Item USE REGULATIONS No.4 for Hotels. � Estate Districts (S) Miniature golf courses. In the"RAA,""RA,""RB"and"RC"Estate Districts (9) Public or private schools. . no building or land shall be used and no building shall (10) Accessory uses. ( e s USE DISTRICT MAP Plate 4 SECTION 6, more obnoxious or detrimental to the welfare of the par- -- ocular community than the enterprises or businesses L' L'I I I ` f USE REGULATIONS herein enumerated. "BAA"Business District SECTION S. In the"BAA"Business District no building or land shall be used and no building shall be hereafter erected,con- USE REGULATIONS structed, reconstructed or structurally altered which is "BB"Business District designed, arranged or intended to be occupied or used �+ for any purpose, unless otherwise provided for in this In the"BB"Business District no building or land shall ordinance, excepting for one or more of the following be used and no building shall be hereafter erected,con- uses: structed, reconstructed or structurally altered which is (1)Any use permitted In the"RE" Multiple-family designed, arranged or intended to be occupied or used District. for any purpose, unless otherwise provided for in thio (� (2) Banks, ordinance,excepting for one or more of the following uses: (3) Barber Shops. (1) Any use permitted in the"BA"Business District. (4) Restaurants. (2) Meat markets. (5) Modiste,wearing apparel,furriers. r=— � (6) Lodge Halls. (3) Public storage garages. (4) Pressing clubs. `8) Millinery shops.Telegraph stations. (6) Storage warehouses. 8 (6) Conservatories. (9) Offices. (?) Printing shop. — (10) Interior decorating,costuming,draperies. (g) Retail plumbing stores and shops. (11) Antique shops. (9) Gasoline oil filling stations. (12) Jewelry stores. (10) Awning stores, (13) Photograph galleries. >>> - (14) Post offices. (11) Employment agencies. (15) Furniture stores. (12) Shoe repairing shops. ---- \� (13) Retail electric stores and repair shops. 0 (16)Telephone exchanges. or any other similar enterprises or businesses,which are / (17) Theatres and motion picture houses. not more obnoxious or detrimental to the welfare of the (18) Beauty parlors. (19) Confectionery and ice cream stores. particular community than the enterprises or businesses 1 herein enumerated, (20) Drug stores. (21) Stationery stores. SECTION 9. C r (22) Music stones and radio stores. _ (23) Shoe stores. r J � USE REGULATIONS (24) Sporting goods stores, "BC" Business District i r (25) Luggage shops. D Q ! f (26) Bathing casinos. In the"BC"Business District no building or land shall _ 5 ff (27) Sales and show rooms. be used and no building shall be hereafter erected,con- (28) Hardware stores, structed, reconstructed or structurally altered which is / or other similar enterprises or businesses,which are not designed, arranged or intended to be used or occupied Q more obnoxious or detrimental to the welfare of the par- for any purpose, unless otherwise provided for in this ticular community than the enterprises or businesses here- ordinance, excepting for one or more of the following in enumerated. uses: Z SECTION 7. (L) Any use permitted in the"BB"Business District. (2) Garages for mechanical service, r� USE REGULATIONS (3) Automobile storage,sale or"cars for hire"lots. "BA" Business District (4) Tinsmiths,roofers or plasterers. 0 Qt In the (5) Hand laundries, "B A"$builds D hlct no building r] d shall (6) Dry cleaning and dyeing establishments.(7) Dance halls. hoRM oo Q be used and no building shall e l be hereafter erected, con- Arvv ��_ "�a�� structed, reconstructed or structurally altered which is (g) Billiard parlors. Z designed,arranged or intended to be occupied or used for ( any purpose,unless otherwise provided for in this ordin- (9) Locksmith shops,sharpening and grinding shops. O 10) Painting and decorating shops. once,excepting for one or more of the following uses: (11) Cabinet making,carpentry. (1) Any use permitted in the"BAA"Business Dis- (12) Wholesale salesrooms and storage rooms. 1 I a Q trict. (13) Amusement enterprises. t (2) Grocery stores. (14) Cigar or cigarette making, or other similar enterprises or businesses,which are not (15) Artificial flower manufacture. {� I Plate 4 AREA DISTRICT MAP 7 _7 JUb i (16) Leather goods manufacture, excluding tanning. ocular community than the enterprises or businesses __ _ 1 p I (17) Metal working shops. herein enumerated. All of the above businesses to be (18) Bottling beverages- conducted within buildings or within areas enclosed by (10) Bakeries. masonry walls not less than six (6) feet in height. (20) Barbecue stands. (21) Contractors plant and storage yards providing SECTION 12, the area used is inclosed by a building or by a masonry wall not less than six(6)feet in height. USE REGULATIONS 1 4� V/ j (22) Service stations, "BI"' Business District I 1 or other similar enterprises or businesses,which are not { In the"BF"Business District no building or land shall 1', �[ F more obnoxious or detrimental to the welfare of the par- be used and no building shalt be hereafter erected,con- ticular community than the enterprises or businesses here- structed, reconstructed or structurally altered which is j in enumerated. designed, arranged or intended to be occupied or used for any purpose, unless otherwise provided for in this SECTION 10. � , i / J ordinance,excepting for one or more of the following uses: i USE REGULATIONS I [J D "BD"Business District (1) Any use permitted in the'BE"Business District. ( ) Ship yards and dry docks. j ry � In the"BD"Business District no building or land shall (3) Oil and/or gasoline storage tanks. i 1/ R he used and no buildin shall be hereafter erected,con- (4) Hazardous industries only upon approval and structed, reconstructed or structurally altered which is permit by the City Council of Miami Beach. designed,arranged or intended to be used or occupied for (5) Any other use, trade or industry which is not I J D 11 ,� any purpose,unless otherwise provided for in this ordi- likely to become objectionable by reason of the nance,excepting for one or more of the following uses: emission of dangerous, unwholesome, foul, nau- seous or offensive gases, odors,fumes or other OOO�O ( ) Any use permitted in the"BC"Business District. discharges. �a ao as (2) Boat or yachts storage and repair. (3) Building materia] storage yards. SECTION 13.(4) Cast or art stone manufacture. ? p (5) Concrete block manufacture. USE REGULATIONS �D (6) Novelty works. "BG"Business District (7) Marine warehouses. In the"BG"Business District no building � (8) Machine shops. g or land shall �4 be used and no building(9) Boat slips. g shall be hereafter erected,con- I (10) Ship chandlery. structed, reconstructed or structurally altered which is DAr \ f (11) Blacksmith,gas,steam fitting shops, designed, arranged or intended to be used or occupied . for any purpose, unless otherwise provided for in this i or other similar enterprises or businesses,which are not ordinance,except for the following use: --- —f 9 more obnoxious or detrimental to the welfare of the par- j ' j e ticular community than the enterprises or businesses (1) Unrestricted. D \ Qherein enumerated. All of the above businesses to be con- 14 �O /1/ ducted within buildings or within areas enclosed by ma- SECTION 14. sonry walls not less than six (6) feet in height. 3NON-CONFORMING USES SECTION 11. �- The lawful use of land existing at the time of the pas- i USE REGULATIONS sage of this ordinance or an amendment thereto,although such use does not conform to the provisions hereof,may 9 "B E' Business District P Y 0 be continued;.bpt if such non-conforming use is discon- r tinued,an further use of said land shall be in conf rm- \ In the "BE" Business District no building or land y A ~` shall be used and no building shall be hereafter erected, qty with the provisions of this ordinance, ��E I constructed, reconstructed or structurally altered which is designed,arranged or intended to be occupied or used The lawful use of the building existing at the time of the passage of this ordinance or of an amendment thereto for any purpose, unless otherwise P provided for in this may be continued, although such use does not conform ordinance,excepting for one or more of the following uses: o (1) Any use permitted in the"BD"Business Diwith the provisions hereof,and such use may be extended strict, throughout the building provided no structural altera- 1 (2) Oil and/or gasoline storage tanks,subject to a - Z ptions, except those required by law or ordinance, or o ( proval and permit by the City Council. ♦a'� 8 n I ordered by an authorized officer to assure the safety of or other similar enterprises or businesses,which are not the building, are made therein. If no structural altera- more obnoxious or detrimental to the welfare of the par- tions are made,a non-conforming use of the building may i C : 1 1 USE DIST'RIC'T MAP Plate 3 be changed to another non-conforming use of a higher he front,rear and'aide yards provided of no less dlmen- _ restricted classification. cions than specified as follows: The foregoing provisions shall also apply to.non-con- DISTRICT No. 1. No restrictions. `f^• ,I v ` �V � forming uses in districts hereafter changed. 1 f DISTRICT No.2. There shall be a front yard having a Nothing in this ordinance shall be taken to prevent the depth of not less than one hundred(100)feet when restoration of a building destroyed to the extent of notn :Woe than rfifty measured from any waterway,bay or oeear.. There y (50) percent of its reasonable value by shall be a rear yard having a depth of not less than fire, explosion or other casualty, or act of God,or the fifty(60)feet when measured from the street line. public enemy,nor the continued occupancy or use of such There shall be a side yard having a width of not ��i I•� -�` building after restoration. less than five (5)feet on either side of'a building. 6 Whenever a non-conforming use of a building has been DISTRICT No.3. There shall be a front yard having a w discontinued for a period of one (1) year or more,such depth of not less than one hundred(100)feet when non-conforming use shall not thereafter be reestablished, I I I and the future use-shall be in conformitymeasured from any waterway,bay or ocean. There j with the pro- shall be a rear yard having a depth of not less than Q 1 cions of this ordinance. twenty-five (26) feet when measured from the j SECTION I5. street line. There shall be a side yard having a � I width of not less than five (5)feet on either side In all Use Districts, hereinbefore designated, every of a building. building hereafter erected, constructed,reconstructed oror ± I structurally altered shall'provide a lot area DISTRICT No.4. There shall be a front yard having a K 0 per family of not less than the following: depth of not less than sixty-five (66) feet when measured from any waterway,bay or ocean. There (1) "RAA"Estate District 40,000 sq.ft.per family shall be a rear yard having a depth of not less than i (2) "RA" Estate District 30,000 sq.ft.per family ten(10)feet when measured from the street line, °+ I (3) "RB" Estate District 18,DD0 sq.ft. y q per family There shall be a aide yard having a width of not (4) "RC" Estate District 10,000 sq.ft.per family less than five(5)feet on either side of a building,. (5) "RD" Single-family Disk 6,000 sq.it.per family (6) "RE" Multiple-family District DISTRICT No.6. There shall be a front yard having a Yb x a.Single-family 6,000 sq.ft.of lot area depth of not less than forty(40) feet when meas- { 7••` per family. ured from any waterway, bay or ocean. There I P b.Multiple-family dwellings shall provide shall be a rear yard having a depth of not less I � r a Boor area of not less than four hun- than tea (10)feet when measured from the street 0� � w J � dred 400 square feet line. There shall be a side yard having a width of ( ) q per family-unit, � c,Bungalow or house courts hereafter not less than five(5)feet on either aide of a build- erected, constructed, reconstructed or rug' < < a J structurally altered shall provide a min- DISTRICT No.6. There shall be a front yard having a J nt, v imam area of not less than twenty-eight depth of not less than forty(40) feet when meas- u,` � hundred (2800) square feet of ground ured from any waterway, bay or ocean. There �. s I area per family,and further,a distance shall be a rear yard having a depth of not less than y,• 1 of at least ten (10) feet at its least than thirty(30)feet when measured from the street V dimension shall be provided between line. There shall be a side yard having a width of building walls,and at least thirty (30) riot less than five(5)feet on either side of a build- Q a percent of the gross lot area shall be ing. h devoted to an outer court for sate ingress DISTRICT No.7. There shall be a front yard having a and egress, depth of not less than forty(40)feet when meas- (7) "BAA," "BA," "BB," "BC," "BD," "BE," "BF" ured from any waterway, bay or ocean. There i / �' �� e • w !'ry.r U and"BG"Business Districts. In all busiuess dis- shall be a rear yard having a depth of not less tricts buildingserected for dwelling b. woos �r g purposes shall shall be a rear yard having a depth of not less than l�A comply with the lot area and floor area per family twenty-five (25) feet when measured from the regulations prescribed for the"RE"Multiple-fam- street line. There shall be a side yard having a / w,QG — Z •• ily District. Buildings constructed for residential width of not less than five (5)feet on either side uses in business zones shall provide a five-foot aide of a building, V Yard on either aide above the first story, DISTRICT No.8, There shall be a front yard having a depth of not less than forty(40) feet when meas- 1 `i SECTION 16. ured from any waterway,bay or ocean. There shall AREA REGULATIONS be a rear yard having a depth of not less than '�� In all Area Districts,hereinafter designated,there shall twenty (20) feet when measured from the streetline. There shall be a side yard having a width of Plate 3 AREA DISTRICT MAP 9 not less than five(5)feet on either side of a build- be a rear yard having a depth of not less than five 0 ing. (5)feet. There shall be a side yard having a width n DISTRICT No.9. There shall be a front yard having a of not less than five (5) feet on either side of a building. depth of not less than fifteen(15)feet when meas. ` fired from an waterway,ba or ocean. 'There shall DISTRICT No. Li. There shall be a front Y Y, Y yard having a be a rear yard having a depth of not less than ten depth of not less then ten(I0)feet. There shall be % V72` \ tl, N I (10) feet when measured from the street line. a rear yard having a depth of not less than five(3) There shall be a side yard having a width of not feet. There shall be a side yard having a width of .- / less than five (5) feet on either side of a building, not less than five (5) feet on either side of n j `� �`.} I I l DISTRICT No.10. There shall be a front yard having a building. \ ! j l depth of not less than twenty-flue (25) feet when DISTRICT No.13. There shall be a front yard having a j measured from any waterway,bay or ocean. There depth of not less than five (5) feet. 1If shall be a rear yard having a depth of not less than �• I I fifteen (15) feet when measured from the street DISTRICT No. 19. There shall he a rear yard having a line. There shall be a side yard having a width of depth of not less than five(5)feet,provided,how. j I not less than five(5)feet on either side of a build- ever,on a lot whose rear abuts on a street,water- ing. way or alley, no rear yard will be required, and i u 1 provided further that where any building is to be n I DISTRICT No.11, There shall be a front yard having a t< ? constructed allowing no rear yard,adequate provi- o` # depth of not less than forty(40)feet. There shall sion shall be made within the lot lines for the stor- be a rear yard having a depth of not less than five ' � (5)feet. There shall be a side yard having a width age and handling of garbage cans and refuse. Lots 3 zoned for business uses which adjoin lots zoned of not gess than five (5) feet on either side of a for residential uses shall provide a five (5) foot it I I building, side yard on the side adjoining the residential lot. DISTRICT No.12, There shall be a front yard having a In a business zone where a side yard is provided, i depth of not less than thirty(30)feet. There shall said yard shall be not less than five (5) feet in I be a rear yard having a depth of not less than five width. n I (5)feet. There shall be a side yard'having a width j of not less than five (5) feet on either side of s DISTRICT No.20. There shall be a front yard having a ! <� L d I building. depth of not less than thirty (30) feet measured S 1 from any waterway,bay or ocean. There shall be �\ o DISTRICT No.13. There shall be a frontand having U Y 8 a a rear yard having a depth of not less than thirty e depth of not less than twenty-five(25)feet. There (30)feet measured from the street line.There shall shall be a rear yard having a depth of not less be a side yard having a width of not less than ten I !� f 01 than five (5)feet. There shall be a side and hav- � o I J y (10)feet on either side of a building. ° f ing a width of not less than five(5)feet on either DISTRICT No.21. There shall be a front side of a building, Buildings on lots fronting or yard having a uI abutting on the southern side of Collins Canal from depth of not less than thirty(30)feet when meas- j a + the alley east of Alton Road to the alley east of ured from any waterway, bay or ocean. There E (V 8 r f Meridian Avenue will not require a front yard nor shall be a rear yard having a depth of not less than ) will they require a side yard along the Canal. twenty (20) feet when measured from the street line. There shall be a side yard having a width of Qti / 4DISTRICT No.14. There shall be a front yard having a Q \I I r` ® ae<d-* '/ I f W not than ten (10) feet on either side of a 2✓ v V depth of not less than twenty(20)feet. There shall building. be a rear yard having a depth of not less than five (5)feet, There shall be a side yard having a width DISTRICT No.22. There shalt be a front yard having a , N i of not less than five (5) feet on either side of a depth of not less than twenty (20) feet. There V / 7 o �. `�< r r / building. shall be a rear yard having a depth of not less than DISTRICT No.lb. There shalt be a front yard having a five (5) feet. There shall be a side yard having a depth of not less than fifteen (15) feet on lots width of not less than ten (10)feet on either side facing Collins Avenue, Indian Creek Drive or on of a building. r z the ocean. On lots facing on the streets connecting DISTRICT No.23. There shall be a front yard having a said Avenue and Drive this front yard shall have depth of not less than ten (10) feet. There shall a depth of not less than five(5) feet. There shall be a rear yard having a depth of not less than fiv_- be a rear yard having a depth of not less than (5)feet. There shall be a side yard having a width five (5) feet. There shall be a side yard having a of not less than ten (10) feet on either side of a {+[ \r o ; �I width of not less than five (5) feet on either side building. f t 1 of a building. j I DISTRICT No.24. There shall be a front yard having a e �r ) i DISTRICT No. 16. There shall be a front yard having a depth of not less than five(5)feet. There shall be depth of not less than fifteen(15)feet. There shall a rear yard having a depth of not less than five(5) i I io _ -- - USE DISTRICT MAP Plate 2 feet. There shall be a side yard having a width _ SECTION 19. o1 not less than five (5) feet on either side of a � \ ` \�' �� yr n •� E building, CERTIFICATE OF OCCUPANCY Q DISTRICT No.25. There shall be a front yard having a (a) A Certificate of Occupancy, either for the whole depth of not less than fifty(50)feet. There shall or a part of a new building or for alteration of an exist- be a rear yard having a depth of not less than five ing.building,shall be applied for coincident with the appli- (5)feet. There shall be a side yard having a width cation for a building permit and shall be issued within of not less than five (5) feet on either side of a three (3) days after the erection or alteration of such building. building or part shall have been completed in conformity I with the provisions of this ordinance. i SECTION 17. (b)A Certificate of Occupancy for the use or occupancy -S + of vacant land,or for a change in the use of land,or for GENERAL PROVISIONS a change in the use of an existing building,shall be ap- ` o _ (a) In the "RAA" and "RA" Estate Districts, walls plied for and issued before any such land shall be occupied , K L_—J a or used,or changed in use,and such certificate shall be fT i may be erected,constructed,reconstructed or structurally y altered on the lot lines,provided,however,that such wall issued within three (3) days after application has been P � 2 made,provided such proposed use is in conformity with or walls shall not exceed ten (10) feet in height n 0 the provisions of this ordinance. In the"RB"and"RC"Estate Districts,walls may be t�.• 1 b Q l (c) No vacant land shall be occupied or used,and no erected,constructed,reconstructed or structurally altered Q �� on the lot lines, provided, however, that such wall or DE structure hereafter erected, constructed, reconstructed ) t walls shall not exceed six(0)feet in height, or structurally altered shall be used or changed in use (� In the"RD"Single-Family District,walls may be erect- until a Certificate of Occupancy shall have been issued i N ed, constructed, reconstructed or structurally altered on by the Building Inspector. Certificate shall be issued for the purpose Ce the lot linea,provided,however,that such wall or walls (d) A like LJ i shall not exceed five(6)feet in height. of maintaining,renewing,changing or extending a non- In all other districts,except as otherwise specified,walls conforming use, existing at the time of the passage of 7 shall not exceed five(6)feet in height, this ordinance; and such Certificate shall state that the U 4 (b) In the"RAA,""RA,""RB,""RC"and"RD"Sin- use does not conform with the provisions of this ordi- nance. gle-fainly Districts,accessory buildings shall not occupy For the purpose of complying with this require- in the aggregate more than thirty (30) per cent of the meat,the Building Inspector shall mail such Certificates �Q 0 �r maximum rear yard area. to the occupants or owners of all such property within _ (c)Lot areas or dimensions shall not be so reduced or thirty(30)days after the passage of this ordinance. diminished that the yards or open spaces shall be smaller (e) A record of all Certificates of Occupancy shall be \ �^ k j ry than those provided by this ordinance,nor shall the lot kept on file in the office of the Building Inspector,and -Q p a copy shall be furnished on request to any person having d i area per family be reduced in any manner except in con- formity with the area regulations hereby established for a proprietary or tenancy interest in the building or land I b >I 0 a (� D the District in which the building is located. affected. _ _ - (d) Unless otherwise provided for,no dock,wharf or SECTION 20. other structure shall be extended.or built in Biscayne V f Bay or Indian Creek a distance greater than fifteen(15) INTERPRETATION, PURPOSE AND CONFLICT _ t it �Q feet from the bulkhead line nor a distance greater than B 1 three (3) feet into any other waterway within the City In interpreting and applying the provisions of this ordi- y �� D a i r of Miami Beach. nance they shall be held to be the minimum requirements - ) O r 0 �° t (e) This ordinance wall not be construed to prevent the for the promotion of the health,safety,morals or general F r 0 i r J construction of a building on any lot of record at the time welfare of the community. It is not intended by this ordi- J of passage of this ordinance,notwithstanding the fact that nance to interfere with,abrogate or annul any easements, such lot may have a lesser area than is required in the covenants or other agreement between parties, provided particular area district in which it is situated. however, that where this ordinance imposes a higher j r \\� - u L (f)In the"RAA,""RA,""RB,""RC"and"RD"Single- standard upon the use of buildings or premises, or re- \\\ family Districts and In the"RE"Multiple-family District, quires larger open spaces than are imposed or required, by other ordinances, rules,regulations or by easements, no accessory building shall be constructed except con- o m I 1 covenants ors agreements,the revisions of this ordinance �irQ v d currently with or subsequent to the construction of the g 1 main building. shall control. SECTION 18. SECTION 21. ADMINISTRATION CHANGES AND AAfENDMENTS It shall be the duty of the Building Inspector to en- Upon its own initiative, or upon the petition of the force this ordinance, owners of a majority of frontage in any area, the City r � i MOVE, Plate 2 AREA DISTRICT MAP 11 • �3Council may,after having held a public hearing following action appealed from,unless the officer from whom the �► � 3_ at least fifteen (15) days notice of a time,place and ob. appeal is taken certified to the Board of Adjustment after lject of such hearing published in an official paper,or a the notice of appeal shall have been filed with him,that a paper of general circulation in said City of:Miami Beach, by reason of facts stated in the certificate,a stay would, j o1 rj / amend,supplement,change,modify or repeal the regula- in his opinion, cause imminent peril of life or property, tions, restrictions and boundaries herein established, in case proceedings shall not be stayed otherwise than In case, however, of a protest against such change by a restraining order, which may be granted by the 01 signed by the owners of record of twenty percent(201,0) Board of Adjustment or by a court of record on applies- { or more,either of an area of lots, included in such pro- tion, on notice to the officer from whom the appeal is al}J Po" posed change,or those immediately adjacent in the rear taken and on due cause shown. 41 f Kix J ❑ thereof, extending three hundred seventy-five (375) feet The Board shall fix a reasonable time for the hearing o ©. therefrom, or of those directly opposite thereto, extend- of the appeal taken within the time specified by its rules,K�-IIK ing three hundred seventy-five (375)feet from the street give public notice thereof as well as due notice to the frontage of such opposite lots,such amendment shall not parties in interest,and decide same within a reasonable K Obecome effective except by the.favorable vote of five- time, Upon the hearing,any person may appear in per- EQ ❑f� i ©[L sevenths(5/7) of all of the members of the City Council son or by agent or by attorney. I „�,,• f of said municipality. The provisions relative to public hearings and official SECTION 23, r ❑❑ 3 notices shall apply equally to all changes or amendments. 4 I SECTION 22 VALIDITY AND PENALTY © t ADJUSTMENTS, PURPOSE JURISDICTION AND Should any section,clause or provision of this ordinance be declared by the Court to be invalid,the same shall not APPROVAL ❑� ® affect the validity of the ordinance as a whole or any p part thereof,other than the part so declared to be invalid. t� f A Board of Adjustment is hereby established. The word An person, firm or I �) y p corporation who shall violate or 4 \ iJ i {l`+_� f ..* "Board"when used in this ordinance shall be construed fail to comply with any of the provisions of this ordinance 0 (—ms`s to mean the Board of Adjustment. shall be punished by a fine of not less than Five ($5.00) r The Board shall consist of five (5)members appointed nor more than F Dollars, itt .j p by the City Council,each for a term of three(3)years. y ($50.00) Dollars,or be im- \ i prisoned in the City Jail for not more than Thirty (30) ��~ 7 V Will there are practical difficulties or unnecessary f r hardships in the way of carrying out the strict letter of Days,or both,in the discretion of the Court Each day �3 r r that a violation is permitted to exist shall constitute a this ordinance, the Board of Adjustment shall have the separate offense. t /J { J rJ power in passing upon appeals, to vary or modify any All ordinances or parte of ordinances in conflict here- 14 ' 8 /S p 1`ffl regulations or provisions of such ordinances relating to with or inconsistent with the provisions of this ordinance ! the use,construction or alteration of buildings or struc• q I 0 r Q are hereby repealed, , e i tures,or the use of land,so that the spirit of the ordi• C r i nance shall be observed, public safety and welfare se- BE IT FURTHER ORDAINED that this ordinance shall a V i cured and substantial justice done, take effect immediately after its passage, approval and G ILI Meetings of the board shall be held at least once month- posting,as provided by law, a Imo !� I Q' �� ly,or at such other times as the Board may determine,or 0� meetings of the Board 0 'll PASSED AND ADOPTED this 3rd day of December, r 7 upon call of the chairman. (1 Z A.D. 1930. I \LO n f shall be open to the public, The Board shall adopt its i 0 own rules of procedure and keep minutes of its proceed- (Signed)JOHN H.LEVI, { 0 ings showing its action on each question considered. All President of City Council, Y records of the Board and its official actions shall be filed I �f Q �, in the office of the Board and shall be a public record. ATTEST: 7 ql S An appeal from the decision of the Administrative Of- (Signed) C. W.TOMLINSON, r flees may be taken to the Board of Adjustment by any City Clerk. person aggrieved,or by any officer,department or board (SEAL) \ .3 f J �: of the City affected b such decision. The Board shall u Y APPROVED BY ME this 3rd day of December, A.D. o• o j v also hear and decide all matters referred to it, or upon 1930. n� \ which it is required to pass. (Signed),LOUIS F.SNF.DIGAR, The board shall prescribe by general rule,a reasonable Mayor. time within which a notice of appeal shall be filed with First Reading,_ I the Board specifying the grounds thereof,and the officer g,Novernber 19th, 1930. from whom the appeal is taken shall forthwith transmit Second Reading, November 19th, 1930. to the Board all the papers constituting the records upon I q which the action appealed from was taken. Third Reading,December 3rd,1930. Ah appeal stays all proceedings in furtherance of the Posted,December 18th,1930, Plate 1 AREA DISTRICT MAP USE DISTRICT MAP Plate 1 11, b C 4 o Q oa oo Z o �aooafit VA lk �� J ' 2 Q 0 1 � � •oaoa�� ;1; �o oaa �o oao oo�° TH -....•~;'..---"mac' --.-=-`\ `-; `'....3 j/Cts _-`� ORDINANCE NO. 289 FOR ORIGINAL ZONING ORDINANCE SEE ZONING RnOK i a i 0 I 1 i e i I r i +i I i i 1 i I