2017-4119 Ordinance PARKING DISTRICT NO. 1
ORDINANCE NO. 2017-4119
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS", TO
ALLOW OFF-STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO. 1
FOR USES THAT DO NOT HAVE REQUIRED PARKING; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public
health, safety, and general welfare of its citizens; and
WHEREAS, North Beach has a shortage of available off-street parking spaces in certain
areas; and
WHEREAS, the City or Miami Beach promotes the renovation of contributing structures to
improve conditions of structures and seeks to encourage and incentivize such renovations; and
WHEREAS, the City of Miami Beach is desirous of improving the parking conditions in the
North Beach area, and the surrounding neighborhoods, by modifying parking regulations; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 130, Article II entitled "Districts; Requirements", is hereby amended
as follows:
Sec. 130-32. -Off-street parking requirements for parking district no. 1.
Except as otherwise provided in these land development regulations, when any building or
structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be
provided for the building, structure or additional floor area as follows:
(1) Adult booth, as defined in section 142-1271: One space per one (1) adult booth.
(2) Adult congregate living facility: One Lll space per two 21 beds.
(2A)Alcoholic beverage establishment: One LI1 space per four 01 seats, and one (1) space per
every 60 square feet of area not utilized for seating.
(3) Alcoholic beverage establishment which permits partial nudity: One (1) on-site space per
every three L31 seats.
(4) Amusement place, video arcade, dance hall, skating rink, auditorium or exhibition hall without
fixed seats: One (1) space per every 60 feet of floor area available for seats where there is
no seating.
(5) Animal hospital: One LI1 space per every 400 square feet of floor area.
Page 1 of 8
(6) Apartment building and apartment-hotel:
a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit.
b. Apartment buildings on lots wider than 50 feet:
1.5 spaces per unit for units between 550 and 999 square feet;
1.75 spaces per unit for units between 1,000 and 1,200 square feet;
2.0 spaces per unit for units above 1,200 square feet.
c. Designated guest parking: Developments of 20 units or less shall have no designated
guest parking requirements. Multi-family buildings and suites-hotels with more than 20
units shall be required to provide supplemental designated guest parking equal to ten
percent of the required residential parking spaces.
d. For existing apartment and apartment-hotel buildings, which are classified as
"contributing" are located within the Normandy Isles National Register District or the
North Shore National Register District, and which are being substantially retained,
preserved and restored, there shall be no parking requirement for the existing structure,
and any addition up to a maximum of 2,500 square feet, whether attached or detached.
The proposed addition to the existing structure shall be subject to the review and
approval of the design review board or historic preservation board, whichever has
jurisdiction, and shall include a renovation plan for the existing structure that is fully
consistent with the secretary of the interior guidelines and standards for the rehabilitation
of historic buildings.
(6A)Housing for low and/or moderate income non-elderly and elderly persons. For purposes of
this regulation, the following definitions shall apply:
Elderly person shall be defined as a person who is at least 62 years of age.
Non-elderly person is a person who is of legal age but less than 62 years of age.
Elderly household means a one- or two-person household in which the head of the
household or spouse is at least 62 years of age.
Non-elderly household means a one- or two-person household in which the head of the
household or spouse is of legal age but less than 62 years of age.
Housing for the elderly shall not be construed as homes or institutions for the aged, which
are primarily assisted living facilities, convalescent or nursing homes.
Low income means households whose incomes do not exceed 50 percent of the median
income for the area as determined by the U.S. Department of Housing and Urban
Development.
Moderate income means households whose incomes are between 51 percent and 80
percent of the median income for the area as determined by the U.S. Department of Housing
and Urban Development.
Parking requirements for housing for low and/or moderate income non-elderly and elderly
persons:
a. 0.5 parking space per dwelling unit for elderly housing.
Page 2of8
b. One (11,00 parking space per dwelling unit of 800 square feet or less for non-elderly low
and/or moderate income housing. Units larger than 800 square feet shall meet the
required parking as provided in (6)a., b., and c., as applicable.
c. For the purposes of this section only, housing for low and/or moderate income non-
elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned,
or developed by for-profit organizations.
d. The applicant shall submit written certification from the corresponding state or federal
agency in charge of the program.
e. Off-street parking, pursuant to this section, shall be permitted only after a finding by the
planning director that, in view of the location of such housing and the economic status of
anticipated occupants, the proposed parking will be adequate to serve proposed
occupants, visitors and employees, including the proposed unit size and likelihood that
the occupants will have a need for parking.
f. A covenant running with the land restricting the use of the property for housing for low
and/or moderate income non-elderly and elderly persons for a period of no less than 30
years shall be executed by the owner of the property, approved as to form by the city
attorney, recorded in the public records of the county and shall be submitted prior to the
issuance of a building permit. The declarations within the covenant are not severable. If
a subsequent judicial determination invalidates the age restriction in this section, or the
covenant, the city shall not issue a certificate of use and occupancy for a new use until
the property owner satisfies the then applicable parking requirements under this Code.
The property owner may satisfy the parking requirements by actually providing the
additional parking spaces or by reducing the number of residential units. However, a
property owner shall not be able to satisfy the parking requirements by the payment of a
fee in lieu of providing parking. At the time of development review, the property owner
shall submit a statement of intent to construct housing for low and/or moderate income
non-elderly and elderly persons in accordance with this section.
g. After approval of the decrease in parking spaces, the premises shall not be used other
than as housing for the non-elderly and elderly persons unless and until any parking
requirements and all other requirements or limitations of this Code for the district
involved and applying to the new use shall have been met.
(7) Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar places of
assembly: One LU space per every four (4) seats or one (1) space per every 60 square feet
of floor area available for seats.
(8) Bar: One (1) space per every four (4) seats, and one (1) space per every 60 square feet of
area not utilized for seating.
(9) Bowling alley or pool room: One (1) space per every for each alley, or per billiard or pool
table.
(10)Bus station: One (1) space per 60 square feet of floor area.
(11)Cabana: One LI1 space per every two (2) cabanas.
(12)Cafe, beachfront: Shall have no parking requirement.
(13)Cafe, outdoor: One (1) space per every four (4) seats.
(14)Cafes, sidewalk: Shall have no parking requirement.
(15)Church, synagogue or temple: One (1) space per ever six (6) seats or bench seating spaces
in main auditorium.
Page 3of8
(16)College: One (1) space per every five (5) seats in the main auditorium, or one (1) space per
every three (3) seats per classroom, whichever is greater.
(16A) Dance hall: One (1) space per every four (4) seats, and one (1) space per every 60
square feet of area not utilized for seating.
(17)Dormitory: One (1) space per every two (2) beds, or one (1) space per every 150 square feet
of floor area, whichever is greater.
(17A) Entertainment establishment: One (1) space per every four (4) seats and one (1) space
per every 60 square feet of area not utilized for seating.
(18)Financial institutions: One (1) space per 300 square feet of floor area.
(19)Funeral home: One (1) space per every six (6) seats or bench seating spaces in chambers
and chapels.
(20)Furniture store, hardware, machinery, equipment and automobile and boat sales and service:
One (1) space per every 400 feet of floor area.
(21)General service or repair establishment, printing, publishing, plumbing, heating,
broadcasting: One (1) space per every 1,000 square feet of floor area.
(22)Grocery stores, supermarket, fresh fruit, fish, meat, poultry: One (1) space per every 250
square feet of floor area.
(23)High school: One (1) space per every 12 seats in the main auditorium, or one (1) space per
every six (6) seats in a classroom, whichever is greater.
(24)HD hospital districts: The following parking regulations shall apply to structures situated in
the HD hospital district. The number of off-street parking spaces required for any structure
shall be determined by the primary use of the structure in accordance with the requirements
as follows:
a. Hospital: 1% spaces per hospital bed.
b. Educational facility: One (1) space per every five (5) seats in the main auditorium or one
(1) space per every three (3) seats per classroom, whichever is greater.
c. Offices and clinics as identified in subsections 142-452(2)g and h: One (1) space per
every 400 square feet of floor area.
d. Hospital staff offices as identified in subsection 142-452(2)i: One (1) space per every
350 square feet of floor area.
e. Research facility: One (1) space per every 1,000 square feet of floor area.
f. When not listed above, the parking requirement for uses listed in this section shall apply.
(25)Hotel, convention: For structures of less than 250 units, one (1) space per unit; for structures
with 250-499 units, 0.75 space per unit; for structures with 500 units or more, 0.50 space
per unit. Required parking for convention hotel accessory uses shall be as follows:
a. Retail: Required parking shall be computed at one space per 500 square feet, minus 7.5
square feet per unit.
b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar
places of assembly: Required parking shall be one (1) space per every seven (7) seats
or one (1) space per every 105 square feet of floor area where there is no seating, minus
one (1) seat or 15 square feet per unit.
c. Restaurant or other establishment for consumption of food or beverages on the
premises: Required parking shall be one 01 space per every seven f seats or one
Page 4 of 8
space per every 105 square feet of floor area where there is no seating, minus one al
seat or 15 square feet per every two units.
d. Required parking for all other uses shall be as set forth in this section.
The zoning board of adjustment may grant a variance for the total amount of parking required
for a hotel and related accessory uses by up to ten percent.
(25A) CCC civic and convention center district: The following parking regulations shall apply
to structures situated in the CCC civic and convention center district. The number of off-
street parking spaces required for any structure shall be determined by the primary use of
the structure in accordance with the requirements as follows:
i. Auditorium, convention hall or meeting rooms: One (1) space per every 1,000 square
feet of floor area available for seats.
ii. Hotel, convention: 0.4 spaces per unit.
iii. When not listed above, the parking requirement for primary uses listed in this section
shall apply.
The city commission may waive the total amount of required parking for uses in the CCC
district by up to 20 percent.
(26)Hotel, suites hotel, motel, or motor lodge: one (11 space per unit, except as follows:
Properties located within a local historic district or National
Register Historic District
New floor area for hotel rooms, associated with retaining, .5 spaces per unit, up to a
preserving and restoring a building or structure that is classified maximum of 100 units and one (1)
for all
as "contributing" as of March 13, 2013, as defined below space per unit
of 100 un tsts in excess
Other (e.g., new construction or substantial demolition of
contributing building) One (11 space per unit
Properties bounded by 62nd Street on the south, 73rd Street on 5 spaces per unit, up to a
the north, Indian Creek on the west and the Atlantic Ocean on maximum of 100 units and one (11
the east space per unit for all units in excess
of 100 units
Properties located south of Fifth Street and properties zoned
residential and located south of 17th Street, west of Alton Court, One (11 space per unit
east of Biscayne Bay and north of 6th Street
Properties not listed above:
Hotels, limited by covenant to no restaurants or pools open to .5 spaces per unit, up to a
the public, no outdoor bar counters, entertainment or special € maximum of 100 units and one (11
events, and located in a commercial zoning district within 1,000 space per unit for all units in excess
feet of the boundary of an area that is (1) zoned CD-3 and (2) of 100 units, up to a maximum cap
part of an historic district of 150 rooms total
Page 5of8
Within 150 feet of a single-family district or RM-1 district, One (11 space per unit
notwithstanding the above
I _
Other One (11 space per unit
For purposes of this section, "retaining, preserving and restoring a building or structure that is
classified as 'contributing' means that the following portions of such building or structure
must remain substantially intact:
i. At least 75 percent of the front and street side facades;
ii. At least 75 percent of the original first floor slab;
iii. For structures that are set back two (2) or more feet from interior side property line, at
least 66 percent of the remaining interior side walls; and
iv. All architecturally significant public interiors;
or if approved by the historic preservation board, pursuant to section 118-395(b)(2)d.2.
In addition to the above, in order for any hotel to receive the reduced rate of .5 spaces per
unit, a hotel guest shuttle service shall be provided and maintained, and a hotel employee
parking plan is required, which shall be subject to the review and approval of the planning
department. Such hotel employee parking plan shall include mandatory measures to address
employee parking, including, but not limited to, provision of transit passes, carpool or vanpool
programs, off-site parking when available, monthly city parking passes, and/or other
measures intended to limit the impact of employee parking on surrounding neighborhoods.
However, suites hotel units as defined in section 142-1104 that are greater than 550 square
feet and that contain full cooking facilities on lots that are greater than 50 feet in width, shall
have the same parking requirement as apartment buildings in [subsections] (6) b. and c.
above. Required parking for hotel accessory uses shall be as follows:
a. Retail—Required parking shall be computed at one (11 space per 400 square feet, minus
7.5 square feet per unit.
b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar
places of assembly—Required parking shall be one (11 space per every four (41 seats or
one(11 space per 60 square feet of floor area where there is no seating, minus one (11
seat or 15 square feet per unit.
c. Restaurant or other establishment for consumption of food or beverages on the
premises—Required parking shall be one (11 space per four (41 seats, minus one (11
seat for every two (21 units.
d. Required parking for all other uses shall be as set forth in this section.
These parking requirements for hotel accessory uses are only applicable to structures that
are being newly constructed or substantially rehabilitated as hotels.
The zoning board of adjustment may grant a variance for the total amount of parking required
for a hotel and related accessory uses by up to 20 percent.
Page 6 of 8
(27)Junior high, elementary or nursery school: one (11 space per 15 seats in main assembly
room, plus one (1) space per classroom.
(28)Laundry: one (11 space per 500 square feet of floor area.
(29)Major cultural dormitory facility: one (11 space per unit.
(30)Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling
plant, wholesale, warehouse or similar establishment: one (11 space per 1,000 square feet of
floor area.
(31)Marina: one (11 space per every two (21 wet slips; one (11 space per every 10 slips in dry
dock storage facility.
(32)Reserved.
(33)Nursing homes: one (1)space for each every two (21 beds.
(34)Office or office building: one (11 space per every 400 square feet of floor area; however,
medical offices and clinics or offices located on the ground floor shall provide one (11 space
per every 300 square feet.
(35)Private clubs, country clubs, fraternities, sororities and lodges: one (11 space per every 250
square feet of floor area.
(36)Restaurants or other establishment for consumption of food or beverages on the premises:
one (11 space per every four (41 seats; take out restaurant with no seats: one (1Zspace per
every 300 square feet of floor area; take out restaurant and home delivery with no seats: one
111 space per every 200 square feet of floor area. Parking requirements for restaurants
offering a combination of services shall be cumulative. Restaurants that have an
occupational license for an alcoholic beverage establishment, dance hall or entertainment
establishment shall meet the parking requirement indicated for those uses.
(37)Retail store, coin laundry, dry cleaning receiving station, stock brokerage or personal service
establishment: one (11 space per every 300 square feet of floor area.
(38)Roominghouse, boardinghouse or lodginghouse: one (11 space per every hotel unit plus two
12) additional spaces for the building.
(39)Single-family detached dwelling: two (21 spaces.
(40)Shopping center: one (11 space per every 300 square feet; however, the parking
requirements for eating and drinking uses shall be as established under subsection (32) of
this section.
(41)Theatre: one (1) space per every four (41 seats.
(42)Telephone exchanges or equipment buildings: one (11 space per every 1,500 square feet of
floor area.
(43)Townhouse: two (2) spaces for each unit plus one (11 designated guest space per every five
151 units.
(44)Any contributing building on an oceanfront lot, located within a local historic district, or
individually designated historic site, which is located in parking district no. 1, may provide
parking on the site for any use listed in subsections (2A), (6), (7), (8), (9), (11), (12), (13),
(16A), (17), (17A), (22), (26), (28), (31), (36), (37), and (41) above. Such parking, if provided,
shall be exempt from FAR, in accordance with the regulations specified in Chapter 114 of
these land development regulations. Any such parking shall be for the exclusive use of the
contributing building or designated site and shall not be in excess of the parking required
Page 7of8
under the provisions of paragraphs (2A), (6), (7), (8), (9), (11), (12), (13), (16A), (17), (17A),
(22), (26), (28), (31), (36), (37), and (41), above.
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not
be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the City
of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other
appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this (:)? day of J ill!), 2017.
ATTEST:
May•- V'�'.�� e ine
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7 ) 41 \ B E-A•s\4
Rafa-I Gr nado, Ci Clerk 47P-\.••••1‘.1.. "" , �� APPROVED AS TO
: FORM&LANGUAGE
&FOR EXECUTION
First Reading: June 7, 2t
INCORP' ORATED;
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Second Reading: July 26, 207 /1 t`' 0-71p
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Verified By:
Thomas R. Mooney, Al
Planning Director
T:WGENDA\2017\7-July\Planning\PD1 Amendemnt-Second Reading ORD FINAL.docx
Page 8 of 8
Ordinances- R5 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26, 2017
10:30 a.m. Second Reading Public Hearing
SUBJECT PARKING DISTRICT NO. 1:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICTS;
REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN
PARKING DISTRICT NO. 1 FOR USES THAT DO NOT HAVE REQUIRED
PARKING; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On March 1, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred the
subject ordinance to the Land Use and Development Committee for discussion and recommendation
(item C4M).
On March 8, 2017, the Land Use Committee discussed the proposal and recommended that the City
Commission refer the Ordinance to the Planning Board. On April 26, 2017, the Mayor and City
Commission referred this item to the Planning Board for consideration (item C4J.)
PLANNING ANALYSIS
The proposed draft ordinance would amend Chapter 130 of the Land Development Regulations of
the City Code, pertaining to Off-Street Parking. Specifically, the amendment would allow a
contributing building located within a local historic district, or individually designated historic site in
Parking District No. 1 to provide parking on the site as required parking. Parking District No. 1 is
comprises all areas of the City that are not included in parking district nos. 2, 3, 4, 5, 6, and 7. This
will allow more fleAbility for property owners to provide operational parking, on an add needed basis.
Such parking, if provided, would be exempt from FAR, in accordance with the regulations specified in
Chapter 114 of the Land Development Regulations.Absent this code amendment, non-required
enclosed parking must be included as floor area. Although the proposed ordinance does exempt non-
required parking from inclusion as floor area, it does so only to the extent of that which is required for
new construction.
Page 1288 of 2495
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission, with a favorable recommendation.
UPDATE
The subject ordinance was approved at First Reading on June 7,2017.As drafted,the subject ordinance applies to
any contributing building located in parking district No. 1 city wide. As part of the discussion during First Reading,
the Commission directed the Administration to evaluate the area of applicability prior to Second Reading. In this
regard, the following potential revision has been drafted, which would limit the area of applicability to oceanfront
properties located within local historic districts:
(44)Any contributing building on an oceanfront lot,located within a local historic district, or individually
designated historic site. vihich is erected o-altc-cd located in parking district no. 1.may provide parking
on the site for any use listed in subsections(2A), (6), (7), (8), (9), (11). (12). (13), (16A), (17), (17A). (22),
(26). (28). (31). (36). (37). and (41) above. Such parking, if provided, shall be exempt from FAR, in
accordance viith the regulations specified in Chapter 114 of these land development regulations. Any
such parking shall be for the exclusive use of the contributing building or designated site and shall not be
in excess of the parking required under the provisions of paragraphs(2A). (6). (7), (8), (9), (11). (12). (13).
(16A). (17). (17A). (22). (26). (28). (31), (36). (37).and(41).above.
Essentially, this potential revision would limit the applicability of the proposal to oceanfront properties with a
contributing building from First Street to 53rd Street,and from 63 Street to 71st Street.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
o Parking Districts Maps
❑ Form Approved Ordinance
Page 1289 of 2495
City of Miami Beach-Parking Districts
For the purposes of establishing off-street parking requirements,the city shall be divided into the
following parking districts:
1. Parking district no. 1. Parking district no. 1 is that area not included in parking districts nos. 2,
3,4, 5, 6, and 7.
2. Parking district no. 2. Parking district no.2 includes those properties with a lot line on Lincoln
Road from the west side of Washington Avenue to the east side of Alton Road and those
properties north of Lincoln Road and south of 17th Street from the west side of Washington
Avenue to the east side of Lenox Court,as depicted in the map below:
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3. Parking district no. 3. Parking district no. 3 includes those properties in the CD-3 commercial
high density zoning district within one block north or south of Arthur Godfrey Road from the
east side of Alton Road to west side of Indian Creek Waterway,as depicted in the map below:
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4. Parking district no. 4. Parking district no.4 includes those properties within the TC-1 and TC-2
commercial district in the North Beach Town Center and those properties in CD-2 districts with a
lot line on 71st Street,or between 67th Street and 72nd Street,from the west side of Collins
Avenue to the east side of Rue Notre Dame,and those properties with a lot line on Normandy
Page 1290 of 2495
Drive from the west side of the Indian Creek Waterway to the east side of Rue Notre Dame, and
those properties in the CD-2 and MXE districts between 73rd Street and 75th Street,as depicted
in the map below:
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5. Parking district no. 5-Sunset Harbour Neighborhood. Parking district no. 5 includes those
properties generally bounded by Purdy Avenue on the west, 20th Street on the north,Alton Road
on the east and Dade Boulevard on the south,as depicted in the map below:
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Page 1291 of 2495
6. Parking district no. 6. Parking district no. 6 includes those properties between Alton Court
(alley)and Lenox Court(alley)or with a lot line on Alton Road,where an alley does not exist,
from 5 Street on the south to Dade Boulevard on the north,with the exception of properties
included in parking district no.2,as depicted in the map below:
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Page 1292 of 2495
7. Parking district no. 7. Parking district no. 7 includes those properties with a lot line on
Washington Avenue from 5th Street to Lincoln Road,excluding those properties in parking
district no. 2,as depicted in the map below:
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Page 1293 of 2495